Trade Union Act 1926

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PRESENTATION

ON
Cancellation of registration of trade union

Funds of the Trade Union

By:MAMTESH
Sec26,Cancellation of registration

(1) The registration and the certificate of


registration of an organization shall be cancelled
by the Registrar
(a) at the request of the organization upon its
dissolution, after making such inquiries as the
registrar considers necessary;
(b) by order of the Industrial Relations Court, if the
organization is unable to continue to function as a
trade union or employers' organization for any
reason that cannot be remedied.
Conti….

2) Whenever the Registrar reasonably believes


that an organization is unable to continue to
function as a trade union or employers'
organization or has ceased to exist, he or
she shall notify the organization in writing
that cancellation of the registration is being
considered, state the reasons and give the
organization 30 days to show cause why its
registration should not be cancelled.
CONTI…….

3.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such provision, or has rescinded any rule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:
CONTI………

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certificate is withdrawn or cancelled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.
Funds of the Trade Union
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 expenses for the administration of the


Trade Union, including audit of the accounts of the general
funds of the Trade Union;
(b)  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;
CONTI….

(c)  the conduct of trade disputes on behalf of


the Trade Union or any member thereof;
(d)  the compensation of members for loss
arising out of trade disputes;
(e)  allowances to members or their
dependants on account of death, old age,
sickness, accidents or unemployment of such
members;
Conti..

 (f) 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;
 (g) 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;
 (h) the upkeep of a periodical published mainly for the
purpose of discussing questions affecting employers or
workmen as such;
Conti…

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 commencement of
that year; and
 (i) subject to any conditions contained in the
notification, any other object notified by the
1[ appropriate Government] in the official Gazette.
CONTI…

A trade union wishing to spend money on party political


activities must set up a separate political fund for
financing any such expenditure.
 When does a union need a political fund?
A trade union needs a political fund only if it wants to
use its funds for what the law defines as "political
objects".
 What are "political objects"?
"Political objects" cover what can broadly be described
as electoral or other party political activities. They are
defined as the expenditure of money:
CONTI…

 on any contribution to the funds of, or on the


payment of any expenses incurred directly or
indirectly by, a political party;
 on the provision of any service or property for
use by or on behalf of any political party;
CONTI…

 in connection with the registration of electors, the


candidature of any person, the selection of any
candidate or the holding of any ballot by a union in
connection with any election to a political office (that
is the office of Member of Parliament, Member of the
Scottish Parliament, Member of the Welsh
Assembly, Member of the European Parliament, or
member of a local authority, or any position within a
political party);
 on the maintenance of any holder of a political office
(as defined above);
CONTI…

 on the holding of any conference or meeting by or on behalf of


a political party or of any other meeting the main purpose of
which is the transaction of business in connection with a
political party (including any expenditure incurred in connection
with the attendance of delegates or other participants); or
 on the production, publication or distribution of any literature,
document, film, sound recording or advertisement the main
purpose of which is to persuade people to vote or not to vote
for a political party or candidate.
 Expenditure for any purpose not included on this list, but
allowable under the union's own rules, may be made out of its
general, or some other, fund.
THANK
YOU

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