Labour Code Advisor

CHAPTER III - RIGHTS AND LIABILITIES OF REGISTERED TRADE UNIONS

Section 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 promotio n 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 1 [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 1[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 1[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.

2[(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.

View Act Footnotes

Note: In the legacy archives, footnotes are grouped by original PDF page numbers rather than by section.

Page 3

  • 1. This Act has been extended to Goa, Daman and Diu by Reg. 12 of 1962; to Pondicherry by Reg. 7 of 1963 (w.e.f. 1-101963)and to Lakshadweep by Reg. 8 of 1965, s. 3 and Sch.The Act has been amended in its application to Maharashtra by Maharashtra Act 3 of 1968 and to Madhya Pradesh by MadhyaPradesh Acts 28 of 1960 and 16 of 1968.
  • 2. The words “in the Provinces of India” omitted by Act 42 of 1960, s. 2.
  • 3. The word “Indian” omitted by Act 38 of 1964, s. 3 (w.e.f. 1-4-1965).
  • 4. Subs. by the A.O. 1950, for sub-section (2).
  • 5.The words “except the State of Jammu and Kashmir” omitted by Act 51 of 1970, s. 2 and the Sch.(w.e.f. 1-9-1971).
  • 6. 1st June, 1927, sec Gazette of India, 1927, Pt. I, p. 467.
  • 7. Ins. by the A.O. 1937.
  • 8. Subs. by Act 38 of 1964, s. 2, for “officer” (w.e.f. 1-4-1965).
  • 9. Subs. by Act 42 of 1960, s. 3, for cl. (f).

Page 4

  • 1. Section 3 renumbered as sub-section (1) thereof by Act 42 of 1960, s. 4.
  • 2. Subs. by the A.O. 1937, for “Each L.G.”.
  • 3. Subs., ibid., for “the Province”.
  • 4. Ins. by Act 42 of 1960, s. 4.
  • 5. Section 4 renumbered as sub-section (1) thereof by s. 5, ibid.
  • 6. The Provisos ins. by Act 31 of 2001, s. 2 (w.e.f. 9-1-2002).
  • 7. Ins. by Act 42 of 1960, s. 5.

Page 5

  • 1. Ins. by Act 31 of 2001, s. 3 (w.e.f. 9-1-2002).
  • 2. Subs. by Act 38 of 1964, s. 2, for “officers” (w.e.f. 1-4-1965).
  • 3. Subs. by Act 31 of 2001, s. 4 (w.e.f. 9 -1-2002).

Page 6

  • 1.Subs. by Act 38 of 1964, s. 2, for “officers” (w.e.f. 1-4-1965).
  • 2. Subs. by Act 31 of 2001, s. 4, for “appointed” (w.e.f. 9-1-2002).
  • 3. Ins. by s. 4, ibid., (w.e.f. 9-1-2002).
  • 4. Ins. by s. 5, ibid., (w.e.f. 9-1-2002).
  • 5. Ins. by s. 6, ibid., (w.e.f. 9-1-2002).

Page 7

  • 1. Subs. by Act 15 of 1928, s. 2, for section 11.
  • 2. The words “or of Rangoon” omitted by the A.O. 1937.
  • 3. Ins. by Act 31 of 2001, s. 7 (w.e.f. 9-1-2002).
  • 4. Subs., ibid., for “L.G.”.
  • 5. Clauses (c) and (d) rep. by Act 25 of 1942, s. 2 and the First Schedule.
  • 6. Subs. by Act 42 of 1960, s. 7, for clause ( e).

Page 8

  • 1. Subs. by Act 38 of 1964, s. 2, for “officers” (w.e.f. 1-4-1965).
  • 2. Subs. by the A.O. 1937, for “G.G in C.”.

Page 9

  • 1. The words “the Government of India Act” have been successively amended by the A.O. 1937, the A.O. 1950 and Act 42 of1960 to read as above.
  • 2. Ins. by Act 51 of 1970, s. 2 and the Schedule (w.e.f. 1 -9-1971).
  • 3. Subs. by Act 38 of 1964, s. 2, for “officer” (w.e.f. 1-4-1965).

Page 10

  • 1. Subs. by Act 38 of 1964, s. 2, for “officer” (w.e.f. 1-4-1965).
  • 2. The proviso omitted by s. 4, ibid. (w.e.f. 1-4-1965).
  • 3. Ins. by s. 5, ibid. (w.e.f. 1-4-1965).
  • 4. Ins. by Act 51 of 1970, s. 2 and the Schedule (w.e.f. 1-9-1971).
  • 5. Subs. by Act 31 of 2001, s. 8, for section 22 (w.e.f. 9-1-2002).

Page 11

  • 1. Subs. by Act 38 of 1964, s. 6, for “March” (w.e.f. 1-4-1965).

Page 12

  • 1. Subs. by Act 38 of 1964, s. 6, for “March” (w.e.f. 1-4-1965).
  • 2. Subs. by s. 2, ibid., for “officers” (w.e.f. 1-4-1965).
  • 3. Ins. by Act 42 of 1960, s. 9.
  • 4. The words “Subject to the control of the G.G. in C. ” omitted by the A.O. 1937.
  • 5. Subs. ibid., for “L.G.”.
  • 6. Ins. by Act 31 of 2001, s. 9 (w.e.f. 9-1-2002).

Page 13

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