#THE TRADE UNIONS ACT, 1926 
____________ 

##ARRANGEMENT OF SECTIONS 
____________ 

###CHAPTER I 

###PRELIMINARY 

SECTIONS 

1. Short title, extent and commencement. 
2. Definitions. 

###CHAPTER II 

###REGISTRATION OF TRADE UNIONS 

3. Appointment of Registrars. 
4. Mode of registration. 
5. Application for registration. 
6. Provisions to be contained in the rules of a Trade Union. 
7. Power to call for further particulars and to require alteration of name. 
8. Registration. 
9. Certificate of registration. 
9A. Minimum requirement about membership of a Trade Union. 
10. Cancellation of registration. 
11. Appeal. 
12. Registered office. 
13. Incorporation of registered Trade Unions. 
14. Certain Acts not to apply to registered Trade Unions. 

###CHAPTER III 

###RIGHTS AND LIABILITIES OF REGISTERED TRADE UNIONS 

15. Objects on which general funds may be spent. 
16. Constitution of a separate fund for political purposes. 
17. Criminal conspiracy in trade disputes. 
18. Immunity from civil suit in certain cases. 
19. Enforceability of agreements. 
20. Right to inspect books of Trade Union. 
21. Rights of minors to membership of Trade Unions. 
21A. Disqualifications of office-bearers of Trade Unions. 
22. Proportion of office-bearers to be connected with the industry. 
23. Change of name. 
24. Amalgamation of Trade Unions. 
25. Notice of change of name or amalgamation. 
26. Effects of change of name and of amalgamation. 
27. Dissolution. 
28. Returns. 

###CHAPTER IV 

###REGULATIONS 

29. Power to make regulations. 
30. Publication of regulations. 

###CHAPTER V 

###PENALTIES AND PROCEDURE 

31. Failure to submit returns. 
32. Supplying false information regarding Trade Unions. 
33. Cognizance of offences. 



#THE TRADE UNIONS ACT, 1926 

##ACT NO. 16 OF 1926

[25th March, 1926.] 

An  Act  to  provide  for  the  registration  of  Trade  Unions  and  in  certain  respects  to 
  define the law relating to registered Trade Unions. 

  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; It is hereby enacted as follows:— 

###CHAPTER I 

###PRELIMINARY 

1. **Short title, extent and commencement.**—(1) This Act may be called the Trade Unions 
Act, 1926. 

(2) It extends to the whole of India.

(3) It  shall  come  into  force  on  such  date as the Central  Government  may,  by  notification  in  the 
Official Gazette, appoint. 

2. **Definitions.**—In  this  Act, “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) “office-bearer”,  in  the  case  of  a  Trade  Union,  includes  any  member  of  the  executive 
thereof, but does not include an auditor; 

  (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; 

  (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. 

###CHAPTER II 

###REGISTRATION OF TRADE UNIONS 

3. **Appointment of Registrars.**— (1) The appropriate Government shall appoint a person to be 
the Registrar of Trade Unions for each State. 

(2) The  appropriate  Government  may  appoint  as  many  Additional  and  Deputy  Registrars  of 
Trade  Unions  as  it  thinks  fit  for  the  purpose  of  exercising  and  discharging,  under  the 
superintendence  and  direction  of  the  Registrar,  such  powers  and  function s  of  the  Registrar under 
this Act as it may, by order, specify and define the local limits within which any such Additional or 
Deputy Registrar shall exercise and discharge the powers and functions so specified. 

(3) Subject  to  the  provisions  of  any  order  under  sub-section  (2),  where  an  Additional  or  Deputy 
Registrar exercises and discharges the powers and functions of a Registrar in an area within which the 
registered office of a Trade Union is situated, the Additional or Deputy Registrar shall be deemed to be 
the Registrar in relation to the Trade Union for the purposes of this Act. 

4. **Mode of registration.**— (1) Any  seven  or  more  members  of  a  Trade  Union  may,  by 
subscribing  their  names  to  the  rules  of  the  Trade  Union  and  by  otherwise  complying  with  the 
provisions of this Act with respect to registration, apply for registration of the Trade Union under 
this Act. 

[^6][Provided that no Trade Union of workmen shall be registered unless at least ten per cent. or one hundred of 
the 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  that  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.] 

(2) Where an application has been made under sub-section (1) for the registration of a Trade 
Union, such application shall not be deemed to have become invalid merely by reason of the fact 

[^6]. The Provisos ins. by Act 31 of 2001, s. 2 (w.e.f. 9-1-2002). 



that, at any time after the date of the application, but before the registration of the Trade Union, 
some  of  the  applicants,  but  not  exceeding  half  of  the  total  number  of  persons  who  made  the 
application, have ceased to be members of the Trade Union or have given notice in writing to the 
Registrar dissociating themselves from the applications.

5. **Application for registration.**—(1)  Every  application  for  registration  of  a  Trade  Union 
shall  be  made  to  the  Registrar,  and  shall  be  accompanied  by  a  copy  of  the  rules  of  the  Trade 
Union and a statement of the following particular’s, namely:— 

  (a) the names, occupations and addresses of the members making the  application; 

  (aa)  in  the  case  of  a  Trade  Union  of  workmen,  the  names,  occupations  and  addresses  of  the 
place of work of the members of the Trade Union making the application;

  (b) the name of the Trade Union and the address of its head office; and 

  (c) the titles, names, ages, addresses and occupations of the office-bearers of the Trade 
Union. 

(2) Where a Trade Union has been in existence for more than one year before the making of 
an  application  for  its  registration,  there  shall  be  delivered  to  the  R egistrar,  together  with  the 
application,  a  general  statement  of  the  assets  and  liabilities  of  the  Trade  Union  prepared  in 
such form and containing such particulars as may be prescribed. 

6. **Provisions to be contained in the rules of a Trade Union.**—A Trade Union shall not 
be  entitled  to  registration  under  this  Act,  unless  the  executive  thereof  is  constituted  in 
accordance  with  the  provisions  of  this  Act,  and  the  rules  thereof  provide  for  the  following 
matters, namely:— 

  (a) the name of the Trade Union; 

  (b) the whole of the objects for which the Trade Union has been established; 

  (c) the  whole  of  the  purposes  for  which  the  general  funds  of  the  Trade  Union  shall  be 
applicable,  all  of  which  purposes  shall  be  purposes  to  which  such  funds  are  lawfully 
applicable under this Act; 

  (d) the maintenance of a list of the members of the Trade Union and adequate facilities for the 
inspection thereof by the office-bearers and members of the Trade Union; 

  (e) the  admission  of  ordinary  members  who  shall  be  persons  actually  engaged  or 
employed in an industry with which the Trade Union is connected, and also the admission of 
the number of honorary or temporary members as office-bearers required under section 22 
to form the executive of the Trade Union; 

  (ee) the payment of a minimum subscription by members of the Trade Union which shall not 
be less than— 

     (i) one rupee per annum for rural workers; 

     (ii) three rupees per annum for workers in other unorganised sectors; and 

     (iii) twelve rupees per annum for workers in any other case;

  (f) the conditions under which any member shall be entitled to any benefit assured by 
the rules and under which any fine or forfeiture may be imposed on the members; 

  (g) the manner in which the rules shall be amended, varied or rescind ed; 

  (h) the  manner  in  which  the  members  of  the  executive  and  the  other office-bearers of  the 
Trade Union shall be elected and removed; 

  (hh) the duration of period being not more than three years, for which the members of the executive 
and other office-bearers of the Trade Union shall be elected;

  (i) the  safe  custody  of  the  funds  of  the  Trade  Union,  an  annual  audit,  in  such  manner  as 
may  be  prescribed,  of  the  accounts  thereof,  and  adequate  facilities  for  the  inspection  of  the 
account books by the office-bearers and members of the Trade Union; and 

  (j) the manner in which the Trade Union may be dissolved. 

7. **Power to call for further particulars and to require alteration of name.**—(1)  The 
Registrar  may  call  for  further information for the purpose of satisfying  himself that any  application 
complies  with  the  provisions  of  section  5,  or  that  the  Trade  Union  is  entitled  to  registration  under 
section 6, and may refuse to register the Trade Union until such information is supplied. 

(2) If the name under which a Trade Union is proposed to be registered is identical with that 
by  which  any  other  existing  Trade  Union  has  been  registered  or,  in  the  opinion  of  the  Registrar, 
so  nearly  resembles  such  name  as  to  be  likely  to  deceive  the  public  or  the  members  of  either 
Trade Union, the Registrar shall require the persons applying for registration to alter the name of 
the  Trade  Union  stated  in  the  application,  and  shall  refuse  to  register  the  Union  until   such 
alteration has been made. 

8. **Registration.**—The Registrar, on being satisfied that the Trade Union has complied with all the 
requirements  of  this  Act  in  regard  to  registration,  shall  register  the  Trade  Union  by  entering  in  a 
register, to be maintained in such form as may be prescribed, the particulars relating to the Trade Union 
contained in the statement accompanying the application for registration. 

9. **Certificate of registration.**—The Registrar, on registering a Trade Union under section 8, shall issue a 
certificate of registration in the prescribed form which shall be conclusive evidence that the Trade Union has 
been duly registered under this Act. 

###STATE AMENDMENT 

**Ladakh (UT).—**

  **Section 9.**—After “certificate of registration”, “insert with in a period not exceeding thirty days subject to 
the fulfillment of other provisions of this Act”. 

*[Vide* Union Territory of  Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. 
S.O. 3774(E), dated (23-10-2020).] 

**Jammu and Kashmir (UT).—**
**Substitution of section 9**-For section 9, substitute— 

9. **Certificate of registration.**—The Registrar, on registering a Trade Union under section 8, shall issue a 
certificate of registration within a period not exceeding thirty days subject to the fulfillment of other provisions 
of  this  Act  in  the  prescribed  form  which  shall  be  conclusive  evidence  that  the  Trade  Union  has  been  duly 
registered under this Act”. 

*[Vide* Union  Territory  of  Jammu  and  Kashmir  Reorganisation  (Adaptation  of  Central  Laws)  Order,  2020, 
notification No. S.O. 3465(E), dated (5-10-2020).] 

[^4][9A. **Minimum requirement about membership of a Trade Union.**—A  registered  Trade  Union  of 
workmen  shall  at  all  times  continue  to  have  not  less  than  ten  per  cent.  or  one  hundred  of  the  workmen, 
whichever is less, subject to a minimum of seven, engaged or employed in an establishment or industry with 
which it is connected, as its members.] 

10. **Cancellation of registration.**—A  certificate  of  registration  of  a  Trade  Union  may  be  withdrawn  or 
cancelled by the Registrar— 

  (a) on the application of the Trade Union to be verified in such manner as may be prescribed, or 

  (b) if  the  Registrar  is  satisfied  that  the  certificate  has  been  obtained  by  fraud  or  mistake,  or 
that  the  Trade  Union  has  ceased  to  exist  or  has  wilfully  and  after  notice  from  the  Registrar 
contravened  any  provision  of  this  Act  or  allowed  any  rule  to  continue  in  force  which  is 
inconsistent  with  any  such  provision,  or  has  rescinded  any  rule  providing  for  any  matter 
provision for which is required by section 6: 

[^5][(c) if the Registrar is satisfied that a registered Trade Union of workmen ceases to have the 
requisite number of members:] 

[^4]. Ins. by s. 5, ibid., (w.e.f. 9-1-2002). 
[^5]. Ins. by s. 6, ibid., (w.e.f. 9-1-2002). 



  Provided that not less than two months previous notice in writing specifying the ground on which it 
is proposed  to  withdraw  or  cancel  the  certificate  shall  be  given  by  the  Registrar  to  the  Trade  Union 
before the certificate is withdrawn or cancelled otherwise than on the application of the Trade Union. 

11. **Appeal.**—(1) Any  person  aggrieved  by  any  refusal  of  the  Registrar  to  register  a 
Trade  Union  or  by  the  withdrawal  or  cancellation  of  a  certificate  of  registration  may,  within 
such period as may be prescribed, appeal,— 

  (a) where the head office of the Trade Union is situated within the limits of a Presidency-town, 
to the High Court, or 

[^3][(aa)  where  the  head  office  is  situated  in  an  area,  falling  within  the  jurisdiction  of  a  Labour 
Court or an Industrial Tribunal, to that Court or Tribunal, as the case may be;] 

  (b) where the head office is situated in any other area, to such Court, not inferior to the 
Court of an additional or assistant Judge of a principal Civil Court of original jurisdiction, 
as the appropriate Government may appoint in this behalf for that area. 

(2) The  appellate  Court  may  dismiss  the  appeal,  or  pass  an  order  directing  the  Registrar  to 
register  the  Union  and  to  issue  a  certificate  of  registration  under  the  provisions  of  section  9  or 
setting aside the order for withdrawal or cancellation of the certificate, as  the case may be, and 
the Registrar shall comply with such order. 

(3) For the purpose of an appeal under sub-section (1) an appellate Court shall, so far as may 
be, follow the same procedure and have the same powers as it follows and has when trying a suit 
under the Code of Civil Procedure, 1908 (5 of 1908), and may direct by whom the whole or any 
part  of  the  costs  of  the  appeal  shall  be  paid, and such costs shall be recovered as if they had 
been awarded in a suit under the said Code. 

(4) In  the  event  of  the  dismissal  of  an  appeal  by  any  Court  appointed  under  clause  ( b)  of 
sub-section  (1),  the  person  aggrieved  shall  have  a  right  of  appeal  to  the  High  Court,  and  the 
High  Court  shall,  for  the  purpose,  of  such  appeal,  have  all  the  powers  of  an  appellate  Court 
under  sub-sections  (2)  and  (3),  and  the  provisions  of  those  sub-sections  shall  apply 
accordingly.] 

12. **Registered office.**—All communications and notices to a registered Trade Union may 
be  addressed  to  its  registered  office.  Notice  of  any  change  in  the  address  of  the  head  office 
shall be given within fourteen days of such change to the Registrar in writing, and the changed 
address shall be recorded in the register referred to in section 8. 

13. **Incorporation of registered Trade Unions.**—Every  registered  Trade  Union  shall  be  a 
corporate  by  the  name  under  which  it  is  registered,  and  shall  have  perpetual  succession  and 
a  body  common  seal  with  power to  acquire  and  hold  both  movable  and  immovable  property 
and to contract, and shall by the said name sue and be  sued. 

14. **Certain Acts not to apply to registered Trade Unions.**—The  following  Acts, 
namely:— 

  (a) The Societies Registration Act, 1860 (21 of 1860), 

  (b) The Co-operative Societies Act, 1912 (2 of 1912), 

  (c) The Companies Act, 1956 (1 of 1956),

[^3]. Ins. by Act 31 of 2001, s. 7 (w.e.f. 9-1-2002). 

 

shall not apply to any registered Trade Union, and the registration of any such Trade Union under any 
such Act shall be void. 

###CHAPTER III 

###RIGHTS AND LIABILITIES OF REGISTERED TRADE UNIONS 

15. **Objects on which general funds may be spent.**—The  general  funds  of  a 
registered  Trade  Union  shall  not  be  spent  on  any  other  objects  than  the  following, 
namely:— 

  (a) the  payment  of  salaries,  allowances  and  expenses  to office-bearers of the  Trade 
Union; 

  (b) the  payment  of  expenses for the administration of the Trade Union, including 
audit of the accounts of the general funds of the Trade Union; 

  (c) the  prosecution  or  defence  of  any  legal  proceeding  to  which  the  Trade  Union  or 
any  member  thereof  is  a  party,  when  such  prosecution  or  defence  is  undertaken for the 
purpose  of  securing  or  protecting  any  rights  of  the  Trade  Union  as  such  or  any  rights 
arising out of the relations of any member with his employer or with a person whom the 
member employs; 

  (d) the  conduct  of  trade  disputes  on  behalf  of  the  Trade  Union  or  any  member 
thereof; 

  (e) the compensation of members for loss arising out of trade disputes; 

  (f) allowances to members or their dependant on account of death, old age, sickness, accidents 
or unemployment of such members; 

  (g) the issue of, or the undertaking of liability under, policies of assurance on the lives 
of  members,  or  under  policies insuring  members  against  sickness,  accident  or 
unemployment; 

  (h) the provision  of  educational,  social or religious  benefits  for  members  (including 
the  payment  of  the  expenses  of  funeral  or  religious  ceremonies  for  deceased  members) 
or for the dependants of members; 

  (i) the upkeep of a periodical published mainly for the purpose of discussing questions affecting 
employers or workmen as such; 

  (j) the  payment,  in  furtherance  of  any  of  the  objects  on  which  the  general  funds  of  the 
Trade  Union  may  be  spent,  of  contributions  to  any  cause  intended  to  benefit  workmen  in 
general, provided that the expenditure in respect of such contributions in any financial year 
shall not at any time during that year be in excess of one -fourth of the combined total of the 
gross  income  which  has  up  to  that  time  accrued  to  the  general  funds  of  the  Trade  Union 
during that year and of the balance at the credit of those funds at the commencem ent of that 
year; and 

  (k) subject  to  any  conditions  contained  in  the  notification,  any  other  object  notified  by  the 
appropriate Government in the Official Gazette. 

###STATE AMENDMENT 
 
**Maharashtra**

  **Amendment of heading of Chapter III of Act XVI of 1926.**—In Chapter III of the Trade Unions 
Act, 1926, in its application to the State of Maharashtra (hereinafter referred to as “the principal Act”), 
in the heading after the words “Trade Unions” the words “and Settlement of Certain Disputes” shall be 
added. 

*[Vide* Maharashtra Act III of 1968, s. 2] 

16. **Constitution of a separate fund for political purposes.**—(1)  A  registered  Trade 
Union may constitute a separate fund, from contributions separately levied for or made to that 
fund, from which payments may be made, for  the promotion of the civic and political interests 
of its members, in furtherance of any of the objects specified in sub -section (2). 

(2) The objects referred to in sub-section (1) are:— 

  (a) the  payment  of  any  expenses  incurred,  either  directly  or  indirectly,  by  a  candidate  or 
prospective  candidate  for  election  as  a  member  of  any  legislative  body  constituted  under the 
Constitution or  of  any  local  authority,  before,  during,  or  after  the  election  in  connection  with  his 
candidature or election; or 

  (b) the  holding  of  any  meeting  or the  distribution of any  literature  or  documents  in  support  of 
any such candidate or prospective candidate; or 

  (c) the  maintenance  of  any  person  who  is  a  member  of  any  legislative  body  constituted  under 
the Constitution or of any local authority; or 

  (d) the registration of electors or the selection of a candidate for any legislative body constituted 
under the Constitution or for any local authority; or 

  (e) the  holding  of  political  meetings  of  any  kind,  or  the  distribution  of  political  literature  or 
political documents of any kind. 

(2A)  In  its  application  to  the  State  of  Jammu  and  Kashmir,  references  in  sub-section  (2)  to  any 
legislative  body  constituted  under  the  Constitution  shall  be  construed  as  including  references  to  the 
Legislature of that State.

(3) No member shall be compelled to contribute to the fund constituted under sub -section (1); 
and a member who does not contribute to the said fund shall not be excluded from any benefits of 
the  Trade  Union,  or  placed  in  any  respect  either  directly  or  indirectly  under  any  disability  or  at 
any  disadvantage  as  compared  with  other  members  of  the  Trade  Union  (except  in  relation  to  the 
control  or  management  of  the  said  fund)  by  reason  of  his  not  contributing  to  the  said  fund;  and 
contribution to the said fund shall not be made a condition for Admission to the Trade Union. 

17. **Criminal conspiracy in trade disputes.**—No office-bearer or  member  of  a  registered 
Trade Union shall be liable to punishment under sub-section (2) of section 120B of the Indian Penal 
Code  (45  of  1860),  in  respect  of  any  agreement  made  between  the  members  for  the  purpose  of 
furthering any such object of the Trade Union as is specified in section 15, unless the agreement is 
an agreement to commit an offence. 

18. **Immunity from civil suit in certain cases.**—(1) No suit or other legal proceeding shall be 
maintainable  in  any  Civil  Court  against  any  registered  Trade  Union  or  any office-bearer or 
member  thereof  in  respect  of  any  act  done  in  contemplation  or  furtheranc e  of  a  trade  dispute  to 
which a member of the Trade Union is a party on the ground only that such act induces some other 
person to  break a contract  of employment, or that it is in interference  with the trade,  business or 
employment of some other person or  with the right of some other person to dispose of his capital 
or of his labour as he wills. 

(2) A registered Trade Union shall not be liable in any suit or other legal proceeding in any Civil 
Court in respect of any tortious act done in contemplation or furtherance of a trade dispute by an agent 
of  the  Trade  Union  if  it  is  proved  that  such  person  acted  without  the  knowledge  of,  or  contrary  to 
express instructions given by, the executive of the Trade Union. 

19. **Enforceability of agreements.**—Notwithstanding anything contained in any other law for 
the time being in force, an agreement between the members of a registered Trade Union shall not 
be  void or  voidable  merely by  reason of the fact that any of the  objects  of the agreement  are in 
restraint of trade: 

  Provided  that  nothing  in  this  section  shall  enable  any  Civil  Court  to  entertain  any  legal 
proceeding instituted for the express purpose of enforcing or recovering damages for the breach 
of  any  agreement  concerning the conditions on which any members of a Trade Union shall or 
shall not sell their goods, transact business, work, employ or be employed. 

20. **Right to inspect books of Trade Union.**—The  account  books  of  a  registered  Trade 
Union  and  the  list  of  members  thereof  shall  be  open  to  inspection  by  an office-bearer or 
member of the Trade Union at such times as may be provided for in the rules of the Trade Union. 

21. **Rights of minors to membership of Trade Unions.**—Any person who has attained the 
age  of  fifteen  years  may  be  a  member  of  a  registered  Trade  Union  subject  to  any  rules  of  the 
Trade Union to the contrary, and may, subject as aforesaid, enjoy all the rights of a member and 
execute  all  instruments  and  give  all  acquittances  necessary  to  be  executed  or  given  under  the 
rules. 

21A. **Disqualifications of office-bearers of Trade Unions.**—(1) A person shall be disqualified 
for being chosen as, and for being, a member of the executive or any other office-bearer of a registered 
Trade Union if— 

  (i) he has not attained the age of eighteen years; 

  (ii)  he  has  been  convicted  by  a  Court  in  India  of  any  offence  involving  moral  turpitude  and 
sentenced to imprisonment, unless a period of five years has elapsed since his release. 

(2) Any member of the executive or other office-bearer of a registered Trade Union who, before the 
commencement of the Indian Trade Unions (Amendment) Act, 1964 (38 of 1964), has been convicted 
of  any  offence  involving  moral  turpitude  and  sentenced  to  imprisonment,  shall  on  the  date  of  such 
commencement cease to be such member or office-bearer unless a period of five years has elapsed since 
his release before that date.

(3)  In  its  application  to  the  State  of  Jammu  and  Kashmir,  reference  in  sub-section  (2)  to  the 
commencement of the Indian Trade Unions (Amendment) Act, 1964 (38 of 1964), shall be construed as 
reference to the commencement of this Act in the said State.

[^5][22. **Proportion of office-bearers to be connected with the industry.**—(1) Not less than one-half 
of the total number of the office-bearers of every registered Trade Union in an unorganised sector shall be 
persons actually engaged or employed in an industry with which the Trade Union is connected: 

Provided  that  the  appropriate  Government  may,  by  special  or  general  order,  declare  that  the 
provisions  of  this  section  shall  not apply  to any Trade  Union  or class  of Trade Unions  specified in the 
order. 

[^5]. Subs. by Act 31 of 2001, s. 8, for section 22 (w.e.f. 9-1-2002). 

 
 
*Explanation.*—For  the  purposes  of  this  section,  "unorganised  sector"  means  any  sector  which  the 
appropriate Government may, by notification in the Official Gazette, specify. 

(2) Save  as  otherwise  provided  in  sub-section  (1),  all  office-bearers  of  a  registered  Trade  Union, 
except not more than one-third of the total number of the office-bearers or five, whichever is less, shall be 
persons  actually  engaged  or  employed  in  the  establishment  or  industry  with  which  the  Trade  Union  is 
connected. 

*Explanation.*—For  the  purposes  of  this  sub-section,  an  employee  who  has  retired  or  has  been 
retrenched shall not be construed as outsider for the purpose of holding an office in a Trade Union. 

(3) No  member  of  the  Council  of  Ministers  or  a  person  holding  an  office  of  profit  (not  being  an 
engagement or employment in an establishment or industry with which the Trade Union is connected), in 
the  Union  or  a  State,  shall  be  a  member  of  the  executive  or  other  office-bearer  of  a  registered  Trade 
Union.] 

23. **Change of name.**—Any  registered  Trade  Union  may,  with  the  consent  of  not  less  than  two-
thirds of the total number of its members and subject to the provisions of section 25, change its name. 

24. **Amalgamation of Trade Unions.**—Any  two  or  more  registered  Trade  Unions  may  become 
amalgamated  together  as  one  Trade  Union  with  or  without  dissolution  or  division  of  the  funds  of  such 
Trade Unions or either or any of them, provided that the votes of at least one-half of the members of each 
or  every  such  Trade  Union  entitled  to  vote  are  recorded,  and  that  at  least  sixty  per  cent.  of  the  votes 
recorded are in favour of the proposal. 

25. **Notice of change of name or amalgamation.**—(1)  Notice  in  writing  of  every  change  of 
name and of every amalgamation, signed, in the case of a change of name, by the Secretary and by 
seven members of the Trade Union changing its name, and, in the case of an amalgamation, by the 
Secretary and by seven members of each and every Trade Union which is a party thereto, shall be 
sent to the Registrar, and where the head office of the amalgamated Trade Union is situated in a different 
State, to the Registrar of such State. 

(2) If the proposed name is identical with that by which any other existing Trade Union has been 
registered or, in the opinion of the Registrar, so nearly resembles such name as to be likely to deceive 
the public or the members of either Trade Union, the Registrar shall refuse to register the change of 
name. 

(3) Save as provided in sub-section (2), the Registrar shall, if he is satisfied that the provisions of 
this  Act  in  respect  of  change  of  name  have  been  complied  with,  register  the  change  of  name  in  the 
register  referred  to  in  section  8,  and  the  change  of  name  shall  have  effect  from  the  date  of  such 
registration. 

(4) The  Registrar  of  the  State  in  which  the  head  office  of  the  amalgamated  Trade  Union  is 
situated shall, if he is satisfied that the provisions of this Act  in respect of amalgamation have been 
complied  with  and  that  the  Trade  Union  formed  thereby  is  entitled  to registration  under section  6, 
register  the  Trade  Union  in  the  manner  provided  in  section  8,  and  the  amalgamation  shall  have 
effect from the date of such registration. 

26. **Effects of change of name and of amalgamation.**—(1) The change  in  the  name  of  a 
registered  Trade  Union  shall  not  affect  any  rights  or  obligations  of  the  Trade  Union  or  render 
defective  any  legal  proceeding  by  or  against  the  Trade  Union,  and  any  legal  proceeding  which 
might have been continued or commenced by or against it by its former name may be continued 
or commenced by or against it by its new name. 

(2) An amalgamation of two or more registered Trade Unions shall not prejudice any right of any of 
such Trade Unions or any right of a creditor of any of them. 

27. **Dissolution.**—(1) When a registered Trade Union is dissolved, notice of the dissolution 
signed by seven members and by the Secretary of the Trade Union shall, within fourteen days of 
the dissolution, he sent to the Registrar, and shall be registered by him if he is satisfied that the 
dissolution  has  been  effected  in  accordance  with  the  rules  of  the  Trade  Union,  and  the 
dissolution shall have effect from the date of such registration. 

(2) Where the  dissolution  of  a registered Trade  Union  has  been registered  and  the rules of 
the Trade Union do not provide for the distribution of funds of the Trade Union on dissolution, 
the Registrar shall divide the funds amongst the members in such manner as may be prescribed. 

28. **Returns.**—(1) There shall be sent annually to the Registrar, on or before such date as may 
be prescribed, a general statement, audited in the prescribed manner, of all receipts and expenditure 
of  every  registered  Trade  Union  during  the  year  ending  on  the  31st  day  of December next 
preceding such prescribed date, and of the assets and liabilities of the Trade Union existing on such 
31st day of December. The  statement  shall  be  prepared  in  such  form  and  shall  comprise  such 
particulars as may be prescribed. 

(2) Together  with  the  general  statement  there  shall  be  sent  to  the  Registrar  a  statement 
showing  all  changes  of office-bearers made  by  the  Trade  Union  during  the  year  to  which  the 
general statement refers, together also with a copy of the rules of the Trade Union  corrected up to 
the date of the despatch thereof to the Registrar. 

(3) A  copy  of  every  alteration  made  in  the  rules  of  a  registered  Trade  Union  shall  be  sent  to  the 
Registrar within fifteen days of the making of the alteration. 

(4) For  the  purpose  of  examining  the  documents  referred  to  in  sub-sections  (1),  (2)  and  (3),  the 
Registrar,  or  any  officer  authorised  by  him,  by  general  or  special  order,  may  at  all  reasonable  times 
inspect the certificate of registration, account books, registers, and other documents, relating to a Trade 
Union, at its registered office or may require their production at such place as h e may specify 
in  this  behalf,  but  no  such  place  shall  be  at  a  distance  of  more  than  ten  miles  from  the 
registered office of a Trade Union.

###STATE AMENDMENT 

**Maharashtra**

  **Insertion of new section 28-IA in Chapter III of Act XVI of 1926.**—In chapter III of the 
principal Act, after section 28, the following new section shall be inserted, namely: -- 

     “**28-1A. Power of Industrial Court to decide certain disputes.**--(1) Where there is a dispute as 
respects  whether  or  not  any  person  is  an  office-bearer  or  a  member  of  a  registered  Trade  Union 
including any dispute relating to wrongful expulsion of any such office-bearer or member), or where 
there  is  any  dispute  relating  to  the  property  (including  the  account  books)  of  any  registered  Trade 
Union, any member of such registered Trade Union for a period of not less than six months may, with 
the  consent  of  the  Registrar,  and  in  such  manner  as  may  be  prescribed,  refer  the  dispute  to  the 
Industrial Court constituted under the Bombay Industrial Relations Act, 1946, for decision. 

(2) The Industrial Court shall, after hearing the parties to the dispute, decide the dispute; and may 
require  an  office-bearer  or  member  of  the  Registered  Trade  Union  to  be  appointed  whether  by 
election or otherwise under the supervision of such person as the Industrial Court may appoint in this 
behalf or removed, in accordance with the rules of the Trade Union: 

  Provided that the Industrial Court may, pending the decision of the dispute, make an interim order 
specifying  or  appointing  any  person  or  appointing  a  Committee  of  Administration  for  any  purpose 
under  the  Act  including  the  purpose  of  taking  possession  or  control  of  the  property  in  dispute  and 
managing it for the purposes of the Union pending the decision. 

(3) The decision of the Industrial Court shall be final and binding on the parties and shall not be 
called in question in any Civil Court. 

(4) No Civil Court shall entertain any suit or other proceedings in relation to the dispute referred 
to the Industrial Court as aforesaid, and if any suit or proceeding is pending in any such Court, the 
Civil Court shall, on receipt of an intimation from the Industrial Court that it is seized of the question, 
cease to exercise jurisdiction in respect thereof. 

(5) Save as aforesaid, the Industrial Court may, in deciding disputes under this section, exercise 
the same powers and follow the same procedure as it exercises or follows for the purpose of deciding 
industrial disputes under the Bombay Industrial Relations Act, 1946.” 

*[Vide* Maharashtra Act III of 1968, s. 3] 

###CHAPTER IV 

###REGULATIONS 

29. **Power to make regulations.**—(1) the appropriate Government may make regulations for 
the purpose of carrying into effect the provisions of this Act. 

(2) In particular and without prejudice to the generality of the foregoing power, such regulations may 
provide for all or any of the following matters, namely:— 

  (a) the manner in which Trade Unions and the rules of Trade Unions shall be registered and the 
fees payable on registration; 

  (b) the transfer of registration in the case of any registered Trade Union which has changed its 
head office from one State to another; 

  (c) the manner in which, and the qualifications of persons by whom, the accounts of registered 
Trade Unions or of any class of such Unions shall be audited; 

  (d) the conditions subject to which inspection of documents kept by Registrars shall 
be allowed and the fees which shall be chargeable in respect of such inspections; and 

  (e) any matte which is to be or may be prescribed. 

[^3][(3)  Every  notification  made  by  the  Central  Government  under  sub-section  (1)  of  section  22,  and 
every regulation made by it under sub-section (1) shall be laid, as soon as may be after it is made, before 
each House of Parliament, while it is in session, for a total period of thirty days which may be comprised 
in one session or in two or more successive sessions, and if, before the expiry of the session immediately 
following the session or the successive sessions aforesaid, both Houses agree in making any modification 
in  the  notification  or  regulation,  or  both  Houses  agree  that  the  notification  or  regulation  should  not  be 
made, the notification or regulation shall thereafter have effect only in such modified form or be of no 
effect,  as  the  case  may  be;  so,  however,  that  any  such  modification  or  annulment  shall  be  without 
prejudice to the validity of anything previously done under that notification or regulation. 

(4) Every notification made by the State Government under sub-section (1) of section 22 and every 
regulation made by it under sub-section (1) shall be laid, as soon as may be after it is made, before the 
State Legislature.] 

###STATE AMENDMENT 

**Maharashtra**

  **Amendment of section 29 of Act XVI of 1926.**— In section 29, in sub-section (2), in clause 
(d), delete the word 'and' appearing at the end and insert thereafter the following clause, namely:- 

  "(dd) The manner in which the dispute may be referred to the Industrial Court under section 28-1A." 

*[Vide* Maharashtra Act III of  1968, s. 4] 

[^3]. Ins. by Act 31 of 2001, s. 9 (w.e.f. 9-1-2002). 



30. **Publication of regulations.**—(1)  The  power  to  make  regulations  conferred  by 
section  29  is  subject  to  the  condition  of  the  regulations  being  made  after  previous 
publication. 

(2) The  date  to  be  specified in accordance with clause (3) of section 23 of the General 
Clauses  Act,  1897  (10  of  1897),  as  that  after  which  a  draft  of  regulations  proposed  to  be 
made  will  be  taken  into  consideration  shall  not  be  less  than  three  months  from  the  date  on 
which the draft of the proposed regulations was published for general information. 

(3) Regulations so made shall be published in the Official Gazette, and on such publication shall 
have effect as if enacted in this Act. 

###CHAPTER V 

###PENALTIES AND PROCEDURE 

31. **Failure to submit returns.**—(1) If default is made on the part of any regiatared 
Trade Union in giving any notice or sending any statement or other document as required by 
or  under  any  provision  of  this  Act,  every office-bearer or  other  person  bound  by  the  rules 
of the Trade Union to give or send the same, or, if there is no such office-bearer or person, 
every  member  of  the  executive  of the Trade  Union,  shall  be  punishable with  fine  which  may 
extend  to  five  rupees  and,  in  the  case  of  a  continuing  default,  with  an  additional  fi ne  which 
may extend to five rupees for each week after the first during which the default continues: 

  Provided that the aggregate fine shall not exceed fifty rupees. 

(2) Any  person  who  wilfully  makes,  or  causes  to  be  made,  any  false  entry  in,  or  any 
omission from, the general statement required by section 28, or in or from any copy of rules 
or  of  alterations  of  rules  sent  to  the  Registrar  under  that  section,  shall  be  punishable  with 
fine which may extend to five hundred rupees. 

32. **Supplying false information regarding Trade Unions.**—Any  person  who,  with 
intent to deceive, gives to any member of a registered Trade Union  or to any person intending 
or applying to become a member of such Trade Union  any document purporting to be a copy 
of the rules of the Trade Union or of any alterations to the same which he knows, or has reason to 
believe, is not a correct copy of such rules or alterations as are for the time being in force, or any 
person who, with the like intent, gives a copy of any rules of any unregistered Trade Union to any 
person  on  the  pretence  that  such  rules  are  the  rules  of  a  registered  Trade  Union,  shall  be 
punishable with fine which may extend to two hundred rupees. 

33. **Cognizance of offences.**—(1)  No  Court  inferior  to  that  of  a  Presidency  Magistrate  or  a 
Magistrate of the first class shall try any offence under this Act. 

(2) No Court shall take cognizance of any offence under this Act, unless complaint thereof 
has been  made by, or  with the previous sanction  of, the Registrar or, in the case of an offence 
under section 32, by the person to whom the copy was given, within six  months of the date on 
which the offence is alleged to have been committed. 

###STATE AMENDMENT 

**Maharashtra** 

  **Amendment of section 33 of Act XVI of 1926.**—In section 33  of  the  Indian  Trade  Union 
Act, 1926, to sub-section (2) the following shall be added, namely:-- 

  “and  in  the  case  of  an  offence  under  sub-section  (2)  of  section  31,  within  six  months  next 
after the alleged offence came to the knowledge of the Registrar.” 

*[Vide* Bombay Act XXXII of 1956, s. 2]