Under the Trade Unions Act, 1926, the eligibility for membership and the qualifications for office-bearers are clearly defined to ensure the responsible management of union affairs.
1. Disqualifications of an Office-Bearer (Section 21-A)
A person is disqualified from being chosen as, or continuing as, a member of the executive or any other office-bearer of a registered Trade Union if:
Age: They have not attained the age of 18 years.
Criminal Conviction: They have been convicted by a court in India of any offense involving moral turpitude and sentenced to imprisonment.
Note: This disqualification is removed if a period of five years has elapsed since their release.
Statutory Prohibitions: Any person who does not meet the requirements of Section 22 regarding the proportion of "outsiders" allowed in the executive (for unions in unorganized sectors or otherwise).
Proportion of Outsiders (Section 22)
In an establishment-based union, at least 50% of the office-bearers must be persons actually engaged or employed in the industry with which the Trade Union is connected. This ensures that the leadership remains grounded in the actual workforce.
2. Membership of Minors (Section 21)
Yes, a minor can be a member of a registered Trade Union, but with specific age restrictions:
Minimum Age: Any person who has attained the age of 15 years may be a member of a registered Trade Union.
Rights of Minor Members: Subject to the rules of the Trade Union, a member who is a minor (above 15) enjoys all the rights of a member.
Legal Competency: They can execute all instruments and give all acquittances (receipts/discharges) necessary under the union's rules.
Limitation: While a 15-year-old can be a member, they cannot be an office-bearer until they reach the age of 18.
Comparison
| Attribute | Minimum Age for Membership | Minimum Age for Office-Bearer |
| Requirement | 15 Years | 18 Years |
| Legal Basis | Section 21 | Section 21-A |
| Capacity | Can vote and sign documents. | Can lead and manage the executive. |
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