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Section 29 – The Trade Unions Act, 1926

The Trade Unions Act, 1926

 

29. Power to make regulations.—

 

(1) 1[***] The 2[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 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 matter 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 Amendments

 

Madhya Pradesh.—(i) In Chapter IV for the heading “Regulations” substitute the heading “Miscellaneous”.

 

(ii) In section 29, in sub-section (2), after clause (d), insert the following clauses, namely:—

 

“(d1) the form in which the approved list shall be maintained under section 28A;

 

(d2) the form of application under section 28C;

 

(d3) the officers and members of approved unions to be authorized under section 28H and the manner in which and the conditions subject to which the rights of such officers under that section shall be exercised;

 

(d4) the manner of enquiry required to be undertaken by the Registrar under this Act;

 

(d5) the manner in which the dispute shall be referred to Industrial Court *[and the fee payable therefor] under section 28J.”

 

[Vide Madhya Pradesh Act 28 of 1960, sec. 6 (w.e.f. 31-12-1960; *Madhya Pradesh Act 11 of 1963, sec. 3).]

 

Maharashtra.—In section 29, in sub-section (2),—

 

(i) in clause (d), omit the word ’and’

 

(ii) after clause (d), 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 3 of 1968, sec. 4 (w.e.f. 1-10-1968).]

 

COMMENTS

 

Jurisdiction of Sub-registrar

 

On the facts and circumstance of the present case as the term of the office of both the rival claimants claiming to have been elected either on 26-2-2000 or 27-2-2000 has already expired on the date of decision rendered by respondent No. 1 on 12-9-2001. As a matter of fact on the date of decision after expiry of the term of the office of both the rival claimants for the year 2000 respondent No. 1 has no jurisdiction to decide the validity of the election of two rival claimants who claiming to have been elected either on 26-2-2000 or 27-2-2000 specially when respondent No. 1 himself is admitting that fresh election for the year 2001 has taken place and an information has been received by him; Hotel The Land Mark Employees’ Union v. Sub-Registrar, Trade Unions, Kanpur, 2002 LLR 692 (All).

 

——————–

1. The words “Subject to the control of the Governor-General in Council” omitted by the A.O. 1937.

 

2. Subs. by the A.O. 1937, for “Local Government”.

 

3. Ins. by Act 31 of 2001, sec. 9 (w.e.f. 9-1-2002).

 

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The Trade Unions Act, 1926

 

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