Section 33 of THE TRADE UNIONS ACT, 1926
Presidency Magistrate or a Magistrate of the first class shall try any offence under this Act.
- (2)No Court shall take cognizance of any offence under this Act,
unless complaint thereof has been made by, or with the previous
sanction of, the Registrar or, in the case of an offence under section 32, by the person to whom the copy was given, within six months of the date on which the offence is alleged to have been committed.
↩1.Subs. by Act 38 of 1964 s. 2, for "officer" (w.e.f. 1-4-1965).
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Summary
- Only high ranking courts, like a Presidency Magistrate or a Magistrate of the first class, can try these offences.
- A court cannot take cognizance of a case, which means officially notice it, without the Registrar's complaint or approval.
- For the crime of giving false rules, the person who was actually tricked can also make the complaint.
- There is a strict time limit of six months from the date of the offence to make a complaint.
- Sanction means the official permission given by a person in authority, in this case the Registrar.
Practical examples
FAQ
1. Which courts can try offences under the Trade Unions Act, 1926?
Only a Presidency Magistrate or a Magistrate of the first class can try these offences according to Section 33.
2. What is the time limit for filing a complaint under Section 33 of the Trade Unions Act, 1926?
A complaint must be made within six months of the date the offence was allegedly committed.
3. Who can file a complaint for false union rules under Section 33 of the Trade Unions Act, 1926?
The complaint can be made by the Registrar, someone with the Registrar's sanction, or the person who was given the false rules.
4. Can a court start a case under the Trade Unions Act, 1926 on its own?
No, Section 33 says a court cannot take cognizance unless a complaint is made by the Registrar or another authorized person.
Test yourself
Q1.Under Section 33 of the Trade Unions Act, 1926, what is the lowest level of Magistrate allowed to try an offence?
Q2.According to Section 33, within what period must a complaint be filed after an offence occurs?
Q3.Who has the unique right to file a complaint under Section 33 for an offence described in Section 32, without needing the Registrar's prior sanction?
Q4.What does the term "sanction" mean as used in Section 33 of the 1926 Act?