Section 21A of THE TRADE UNIONS ACT, 1926
| A person | shall be | disqualified for being chosen as, and for being, a | ||
|---|---|---|---|---|
| member of | the executive | or any | other office-bearer | of a registered |
Trade Union if--
- (i)he has not attained the age of eighteen years,
- (ii)he has been convicted by a Court in India of any offence involving moral turpitude and sentenced to imprisonment, unless a period of five years has elapsed since his release.
- (2)Any member of the executive or other office-bearer of a
| registered Trade | Union who, | before the | commencement of | the | Indian |
|---|---|---|---|---|---|
| Trade Unions | (Amendment) Act, | 1964 (38 of 1964), | has been convicted |
of any offence involving moral turpitude and sentenced to
| imprisonment, shall | on the date of such commencement cease to be such | ||||
|---|---|---|---|---|---|
| member or | office-bearer unless | a period | of five | years has | elapsed |
since his release before that date.]
| 4*[(3) In | its application | to the | State of | Jammu and | Kashmir, | |
|---|---|---|---|---|---|---|
| reference in | sub-section (2) | to the commencement of the Indian Trade | ||||
| Unions (Amendment) | Act, 1964 | (38 of | 1964), | shall | be construed | as |
reference to the commencement of this Act in the said State.]
22.
Proportion of office-bearers to be connected with the industry.
Summary
- Anyone convicted of a crime involving moral turpitude is disqualified from holding union office.
- If a person was sent to prison for such a crime, they must wait five years after their release before they can hold office.
- This disqualification applies both to being elected and to continuing to serve in a position.
Practical examples
FAQ
1. What age is required to be a union leader under Section 21A of THE TRADE UNIONS ACT, 1926?
A person must have attained the age of eighteen years to be an office bearer according to Section 21A of THE TRADE UNIONS ACT, 1926.
2. Does a criminal record stop someone from being a union officer under the Trade Unions Act?
Yes, Section 21A of the Trade Unions Act disqualifies anyone convicted of a crime involving moral turpitude and sentenced to prison.
3. How long must a convicted person wait to hold union office under Section 21A of THE TRADE UNIONS ACT, 1926?
They must wait five years since their release from prison as per Section 21A of THE TRADE UNIONS ACT, 1926.
4. What does "moral turpitude" mean in Section 21A of the Trade Unions Act?
While the Act doesn't define it, it generally refers to conduct that is considered contrary to community standards of justice, honesty, or good morals.
Test yourself
Q1.Under Section 21A of THE TRADE UNIONS ACT, 1926, what is the minimum age to be a member of the executive?
Q2.If a person is convicted of a crime of moral turpitude, when can they become an office bearer under Section 21A of THE TRADE UNIONS ACT, 1926?
Q3.Based on Sections 21 and 21A of the Trade Unions Act, what is the status of a 16 year old member?
Q4.Does Section 21A of THE TRADE UNIONS ACT, 1926, apply to someone who was already an office bearer when they were convicted?