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Taxmann's Trade Unions Act 1926 with Central Trade Union Regulations 1938

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Contents TRADE UNIONS ACT, 1926 PAGE

CHAPTER I PRELIMINARY 1. Short title, extent and commencement

1

2. Definitions

1 CHAPTER II REGISTRATION OF TRADE UNIONS

3. Appointment of Registrars

4

4. Mode of registration

4

5. Application for registration

5

6. Provisions to be contained in the rules of a Trade Union

5

7. Power to call for further particulars and to require alteration of name

8

8. Registration

8

9. Certificate of registration

9

9A. Minimum requirement about membership of a Trade Union

9

10. Cancellation of registration

10

11. Appeal

10

12. Registered office

12

13. Incorporation of registered Trade Unions

13

14. Certain Acts not to apply to registered Trade Unions

13

I-5


CONTENTS

I-6 PAGE

CHAPTER III RIGHTS AND LIABILITIES OF REGISTERED TRADE UNIONS 15. Objects on which general funds may be spent

13

16. Constitution of a separate fund for political purposes

14

17. Criminal conspiracy in trade disputes

15

18. Immunity from civil suit in certain cases

15

19. Enforceability of agreements

16

20. Right to Inspect books of Trade Union

17

21. Rights of minors to membership of Trade Unions

17

21A. Disqualifications of office-bearers of Trade Unions

18

22. Proportion of office-bearers to be connected with the industry

19

23. Change of name

20

24. Amalgamation of Trade Unions

20

25. Notice of change of name or amalgamation

21

26. Effects of change of name and of amalgamation

21

27. Dissolution

21

28. Returns

22 CHAPTER IV REGULATIONS

29. Power to make regulations

23

30. Publication of regulations

24

CHAPTER V PENALTIES AND PROCEDURE 31. Failure to submit returns

24

32. Supplying false information regarding Trade Unions

25

33. Cognizance of offences

26

SUBJECT INDEX

27

CENTRAL TRADE UNION REGULATIONS, 1938 1. Title and application

29

2. Definitions

29


I-7

CONTENTS PAGE

3. Application for registration

29

4. Register of trade unions

29

5. Certificate of registration

29

6. Cancellation of registration

30

7. Unions registered with State Registrars

30

8. Fees

30

9. Amendment of rules

30

10. Appeals

30

11. Funds of a dissolved trade union

30

12. Return

30

13. Auditors

30

14. Exception

31

15. Audit

31

16. Audit of political funds

32

17. Inspection

32

FORM A: Application for Registration of Trade Union

32

FORM B: Register of Trade Unions

34

FORM C: Certificate of Registration of Trade Union

35

FORM D: Annual return prescribed under section 28 of the Indian Trade Unions Act, 1926

35


Trade Unions Act, 1926† [16 OF 1926]* An Act to provide for the registration of Trade Unions and in certain respects to define the law relating to registered Trade Unions 1[* * *]. WHEREAS it is expedient to provide for the registration of Trade Unions and in certain

respects to define the law relating to registered Trade Unions 1[* * *]. It is hereby enacted as follows:— CHAPTER I PRELIMINARY Short title, extent and commencement. 1. (1) This Act may be called the 2[* * *] Trade Unions Act, 1926. 3

[(2) It extends to the whole of India 4[* * *],]

(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. Definitions. 2. In this Act 5[“the appropriate Government” means, in relation to Trade Unions whose objects are not confined to one State, the Central Government, and in relation to other trade unions, the State Government, and], unless there is anything repugnant in the subject or context,— (a) “executive” means the body, by whatever name called, to which the management of the affairs of a Trade Union is entrusted; (b) 6[office bearer], in the case of a Trade Union, includes any member of the executive thereof, but does not include an auditor; *Dated 25-3-1926. 1. Words “in the Provinces of India” omitted by the Indian Trade Unions (Amendment) Act, 1960, w.e.f. 21-9-1960. 2. Word “Indian” omitted by the Indian Trade Unions (Amendment) Act, 1964, w.e.f. 1-41965. 3. Substituted by the Adaptation of Laws order, 1950. 4. Words “except the State of Jammu and Kashmir” omitted by the Central Labour Laws (Extension to Jammu and Kashmir) Act, 1970, w.e.f. 1-9-1971. Earlier these words were substituted by the Part B States (Laws) Act, 1951. 5. Inserted by the Government of India (Adaptation of Indian Laws) Order, 1937. 6. Substituted for “officer” by the Indian Trade Unions (Amendment) Act, 1964, w.e.f. 1-4-1965. †Shall be repealed by the Industrial Relations Code, 2020, with effect from a date yet to be notified.

1


S. 2

TRADE UNIONS ACT, 1926

2

(c) “prescribed” means prescribed by regulations made under this Act; (d) “registered office” means that office of a Trade Union which is registered under this Act as the head office thereof; (e) “registered Trade Union” means a Trade Union registered under this Act; 7

[(f) “Registrar” means— (i) a Registrar of Trade Unions appointed by the appropriate Government under section 3, and includes any Additional or Deputy Registrar of Trade Unions; and (ii) in relation to any Trade Union, the Registrar appointed for the State in which the head or registered office, as the case may be, of the Trade Union is situated;] (g) “trade dispute” means any dispute between employers and workmen or between workmen and workmen, or between employers and employers which is connected with the employment or non-employment, or the terms of employment or the conditions of labour, of any person, and “workmen” means all persons employed in trade or industry whether or not in the employment of the employer with whom the trade dispute arises; and (h) “Trade Union” means any combination, whether temporary or permanent, formed primarily for the purpose of regulating the relations between workmen and employers or between workmen and workmen, or between employers and employers, or for imposing restrictive conditions on the conduct of any trade or business, and includes any federation of two or more Trade Unions:

Provided that this Act shall not affect— (i) any agreement between partners as to their own business; (ii) any agreement between an employer and those employed by him as to such employment; or (iii) any agreement in consideration of the sale of the goodwill of a business or of instruction in any profession, trade or handicraft. COMMENTS SECTION NOTES

2.1 Definition of “Registrar” [Section 2(f)] 2.1-1 Registrar as Appointed Authority [Clause (i)]

“Registrar” means:

A Registrar of Trade Unions appointed by the appropriate Government under section 3.

This also includes:

7. Substituted by the Indian Trade Unions (Amendment) Act, 1960, w.e.f. 21-9-1960.


3

TRADE UNIONS ACT, 1926 z

Any Additional Registrar, or

z

Any Deputy Registrar of Trade Unions.

S. 2

2.1-2 registrar in relation to jurisdiction [Clause (ii)]

In relation to any Trade Union, the “Registrar” refers to:

The Registrar appointed for the State in which: z

The head office, or

z

The registered office, of the Trade Union is situated.

2.2 Definition of “Trade Dispute” and “Workmen” [Section 2(g)] 2.2-1 Definition of “Trade Dispute”

A “trade dispute” means:

Any dispute between: z

Employers and workmen, or

z

Workmen and workmen, or

z

Employers and employers,

Where the dispute is connected with:

Employment,

Non-employment,

Terms of employment, or

Conditions of labour of any person.

2.2-2 Definition of “Workmen”

“Workmen” includes:

All persons employed in trade or industry,

Whether or not they are in the employment of the employer with whom the trade dispute has arisen.

2.3 Definition of “Trade Union” [Section 2(h)] 2.3-1 Core definition of trade union

A “Trade Union” means any combination, whether:

Temporary, or

Permanent,

Formed primarily for the purpose of:

Regulating relations between: z

Workmen and employers,

z

Workmen and workmen, or

z

Employers and employers,

Or for imposing restrictive conditions on the conduct of any trade or business.

The definition expressly includes:

Any federation of two or more Trade Unions.

2.3-2 Exclusions from the definition [Proviso]

The Act does not affect the following private agreements:


Trade Unions Act 1926 with Central Trade Union Regulations 1938 – Bare Act with Section Notes AUTHOR : PUBLISHER : DATE OF PUBLICATION : EDITION : ISBN NO : No. of Pages : BINDING TYPE :

Taxmann’s Editorial Board Taxmann December 2025 2026 Edition 9789375611356 48 Paperback

Rs. 115 DESCRIPTION Trade Unions Act 1926 with Central Trade Union Regulations 1938 [Bare Act with Section Notes] by Taxmann is an authoritative and up-to-date statutory publication that presents the complete text of the Act, along with the Central Trade Union Regulations 1938. This 2026 Edition includes concise section-wise notes that explain key definitions, statutory requirements, procedures, and the legal framework governing the formation, registration, functioning, and regulation of trade unions in India. Designed as a reliable Bare Act reference, the publication ensures legislative accuracy, practical clarity, and editorial authenticity. This book is intended for the following audience: • Legal Professionals • Trade Union Leaders & Office-Bearers • HR Professionals & Corporate Managers • Government Officials & Labour Administrators • Law Students & Researchers The Present Publication is the 2026 Edition, covering the amended and updated text of the Trade Unions Act [Act No. 16 of 1926] and Regulations, with the following noteworthy features: • [Complete & Unabridged Text] Reproduces the full text of the Trade Unions Act 1926 and the Central Trade Union Regulations 1938, as amended • [Section Notes & Explanatory Commentary] Provides concise section-wise notes explaining definitions, conditions, procedures, and legal implications • [User-friendly Format] Bare Act provisions are systematically arranged with section notes placed immediately after relevant sections • [Updated Content] Incorporates the latest amendments relating to membership thresholds, office- bearer qualifications, registration, and penalties • [Pre-amendment Provisions] Includes pre-amendment text in amendment footnotes for historical and transitional understanding • [Relevant Case Laws] Highlights key judicial decisions influencing the interpretation of trade union law • [Additional Practical Insights] Covers the role and powers of the Registrar, registration and cancellation, amalgamation, dissolution, and filing of returns • [Legal & Compliance Utility] Aids compliance, dispute resolution, and collective bargaining processes • [Portability & Accessibility] Compact and handy for court use, administrative offices, union meetings, and academic reference

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