Section 3 Regulative Laws

8/3/2019 Section 3 Regulative Laws

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II. The Trade Union Act, 1926

Registration of Trade Unions:

Registrars

seven persons or more members of a Trade Union may, by subscribing their

names to the rules of a trade union

Provided that no Trade Union of workmen shall be registered unless at least

10% or 100 workmen, whichever is less, engaged or employed in the

establishment or industry with which it is connected are the members of such

trade union on the date of making of application for registration:

Provided further no trade union of workmen shall be registered unless it has

on the date of making application not less than seven persons as its members,

who are workmen engaged or employed in the establishment or industry with

which it is connected. (Inserted in 2001)


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grant of registration

registration shall contain the rules of the trade union; names, occupations and

addresses of the members making the application; name address of the head

office of the trade union and titles, names, ages, addresses and occupations ofthe office-bearers.

payment of minimum subscription fees (1 rupee for rural workers & 3 rupees

for unorganized sector member; 12 rupees for others per annum); conditions

under which fine or forfeiture may be imposed on members; manner in which

rules can be amended, varied or rescinded;

A registered trade union of workmen shall at all times continue to have not

less than 10% or 100 hundred of workmen, whichever is less, subject to a

minimum or seven , engaged or employed in an establishment with which it is

connected as its members.


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The Societies Registration Act, 1860; The Co-operative Societies Act, 1912 and The

Companies Act, 1956 shall not apply to the Trade Unions.

Rights and Liabilities of Registered Trade Unions

The general funds of a registered Trade Union shall be spent on the payment of Salaries,allowances and expenses to office-bearers of the Trade Union; on expenses for the

administration of the Trade Union; on prosecution or defense of any legal proceedings to

which the Union is a party in terms of securing or protecting any rights of the Union in

relation to the employer.

Political fund can be earmarked from contributions separately to that fund, from which

payments may be made for the promotion of the civic and political interests of its

members for certain objects namely: Immunity from civil suits and Criminal conspiracy:

Proportion of Office-bearers to be connected with the industry:

Change of name, amalgamation, dissolution and Returns of Unions:

Regulations and Penalties:


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III. The Industrial Employment (Standing

Orders) Act, 1946

An Act to require employers in industrial establishments formally to define conditions of

employment under them

applies to every industrial establishment employing 100 or more workmen on any day of

the preceding 12 months.

definitions:

Certifying Officer means Labour Commissioner or a Regional Labour Commissioner,

Submission and certification of draft Standing orders:

Within 6 months from the date on which this Act becomes applicable to an industrial

establishment, the employer shall submit to the Certifying Officer 5 copies of the draft

standing orders proposed by him for adoption in his industrial establishment.

particulars of employees and their trade unions shall be given Certification of Standing orders can be made by the Certifying officer/ appellate

authority


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Orders) Act, 1946

Certifying Officer shall send a copy of the draft to the trade union/workmen (if there are

no trade unions) seeking objections, if any to be expressed in writing within 15 days of

submission.

Certifying officers and appellate authorities shall have powers of Civil Court in terms of

receiving evidence, administering oaths, enforcing the attendance of witnesses,production of documents etc.

Oral evidences in contradiction of Standing Orders are not admissible.

Certifying Officer

within 7 days shall send the amended orders to all concerned.

Standing Orders come into operation on the expiry of 30 days from the date on which

authenticated copies thereof are sent by the Certifying Officer Standing Orders shall be widely circulated and pasted in either English or in a language

understood by majority of the workers.

In the absence of any Standing orders, the model Standing Orders shall be deemed to be

in operation.


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Orders) Act, 1946

Duration and modification of Standing Orders:

shall not be modified within six months

Subsistence allowance : Where any workman is suspended pending inquiry for charges

of misconduct, the employer shall pay this allowance @ 50% of wages which theworkman was entitled on the preceding day of suspension for the first 90 days of

suspension; and @ 75% of such wages for the remaining period of suspension if the

delay in the completion of the disciplinary proceedings

Interpretations and Exemptions:

Labour courts are authorized to interpret the Standing Orders.

These orders are not applicable to persons in Civil Services, Railway establishments.

The appropriate Govt can exempt conditionally or unconditionally any establishment or

class of establishments from the provisions of this Act.

The appropriate Govt can delegate powers and make rules for implementation of the

Act.

Section 3 Regulative Laws

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