The Trade Unions Act, 1926 is an important legislation in India that provides for the registration and regulation of trade unions. Its main purpose is to grant legal recognition to trade unions and to protect their rights and interests. Here are the key provisions and subsequent amendments to the Trade Unions Act, 1926:
Provisions of the Trade Unions Act, 1926:
- Definition of Trade Union: The act defines a trade union as any combination of persons (whether temporary or permanent) for the purpose of regulating the relations between workmen and employers or between workmen and workmen, or between employers and employers.
- Registration of Trade Unions: Trade unions can register under the act to gain legal recognition. Registration provides certain benefits and privileges to the trade union.
- Eligibility for Registration: A trade union must have at least seven members who are employed in the industry to be eligible for registration.
- Rights and Privileges of Registered Trade Unions:
- Registered trade unions have certain legal rights, such as the right to own and acquire property, the right to sue and be sued, and the right to enter into contracts.
- They can also negotiate on behalf of their members with employers.
- Prohibitions on Certain Persons: Certain categories of individuals, such as non-citizens, minors, and undischarged insolvents, are prohibited from being office-bearers in a registered trade union.
- Funds of Trade Unions: Trade unions can raise funds through subscriptions, donations, and other means. These funds are used for the legitimate activities of the trade union.
- Change of Name or Amalgamation: Registered trade unions can apply for a change of name or for amalgamation with other trade unions.
- Dissolution of Trade Unions: A registered trade union can be dissolved by a vote of at least two-thirds of its members.
- Penalties and Offences: The act prescribes penalties for various offenses, such as embezzlement of funds, false statements, and fraudulent activities.
Amendments to the Trade Unions Act:
The Trade Unions Act, 1926 has undergone several amendments to adapt to changing labor and industrial relations in India. Some of the important amendments include:
- Amendment of 2001: This amendment changed the definition of “appropriate government” to include the central government in relation to certain specified industries. It also introduced provisions for the recognition of trade unions at the central level.
- Amendment of 2005: This amendment introduced the provision for the appointment of a ‘Registrar of Trade Unions’ who is responsible for the registration of trade unions and related matters.
These amendments were made to streamline the registration process and improve the functioning of trade unions in India. They also aimed to enhance the representation and participation of trade unions in the industrial relations framework of the country.