The Trade Unions Act, 1926
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 1[office-bearers] and members of 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 1[office-bearers] required under section 22 to form the executive of the Trade Union;
2[(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(g) the manner in which the rules shall be amended, varied or rescinded;
(h) the manner in which the members of the executive and the other 1[office-bearers] of the Trade Union shall be 3[elected] and removed;
4[(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 1[office-bearers] and members of the Trade Union; and
(j) the manner in which the Trade Union may be dissolved.
State Amendment
Gujarat.—In section 6, after clause (f), insert the following clause, namely:—
“(ff) the termination of membership of the Trade Union of persons whose subscription is in arrears for a period exceeding six months or for such lesser period as may be provided in the rules;”
[Vide Gujarat Act 7 of 1962, sec. 3 (w.e.f. 1-7-1962).]
Madhya Pradesh.—In section 6, for clause (ee), substitute the following clause, namely:—
“(ee) the payment of subscription by members of the Trade Union which shall not be less than twenty-five naye paise per month per member:
Provided that the minimum rate of subscription in the case of members of a Trade Union of agricultural workers shall be five paise per month per member.”
[Vide Madhya Pradesh Act 16 of 1968, sec. 2.]
COMMENTS
Provisions to be contained in rules of a trade union
There is no provision in the Act on the Constitution of the trade union providing for automatic cessation of membership on cessation of employment. Section 6(e) only provides that the rules of a trade union have, inter alia, to provide for the admission of those who are actually engaged or employed in industry as ordinary members so as to entitle a trade union to seek registration under the Act. Section 6(e) does not provide that on cessation of employment an employee would cease to be a member; Bokajan Cement Corpn. Employees’ Union v. Cement Corpn. of India Ltd., AIR 2004 SC 245: (2004) 104 FJR 15 (SC).
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1. Subs. by Act 38 of 1964, sec. 2, for “officers” (w.e.f. 1-4-1965).
2. Clause (ee) ins. by Act 42 of 1960, sec. 6 (w.e.f. 21-9-1960) and subs. by Act 31 of 2001, sec. 4 (w.e.f. 9-1-2002).
3. Subs. by Act 31 of 2001, sec. 4 for “appointed” (w.e.f. 9-1-2002).
4. Ins. by Act 31 of 2001, sec. 4 (w.e.f. 9-1-2002).
