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Section 17 – The Trade Unions Act, 1926

The Trade Unions Act, 1926

 

17. Criminal conspiracy in trade disputes.—

 

No 1[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 1860 (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.

 

COMMENTS

Criminal conspiracy under agreement

 

Trade Unions have the right to declare strikes and to do certain acts in furtherance of trade disputes. They are not liable civilly for such acts or criminally for conspiracy in the furtherance of such acts as Trade Unions Act permits, but there is nothing in the Act which apart from immunity from criminal conspiracy allows immunity from any criminal offences. Indeed any agreement to commit an offence would under section 17, Trade Unions Act, make them liable for criminal conspiracy; R.S. Ruikar v. Emperor, AIR 1935 Nag 149.

 

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1. Subs. by Act 38 of 1964, sec. 2, for “officer” (w.e.f. 1-4-1965).

 

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The Trade Unions Act, 1926

 

Indian Laws – Bare Acts

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