THE TRADE UNIONS ACT, 1926
INTRODUCTION
Trade Unionism has made its headway owing to growth of industrialization and capitalism. Trade Unionism asserts collectively the rights of the workers. In industrially advanced countries trade unionism has made a great impact on the social, political and economic life. India, being an agricultural country, trade unionism is restricted to industrial areas and it is still in a stage of growth. The earliest known trade unions in India were the Bombay Millhand’s Association formed in 1890, the Amalgamated Society of railway servants of India and Burma formed in 1897, Printers' Union formed in Calcutta in 1905, the Bombay Postal Union which was formed in 1907, the Kamgar Hitwardhak Sabha Bombay formed in 1910. Trade Union movement began in India after the end of First World War. After a decade following the end of First World War the pressing need for the coordination of the activities of the individual unions was recognised. Thus, the All India Trade Union Congress was formed in 1920 on a National Basis, the Central Labour Board, Bombay and the Bengal Trades Union Federation were formed in 1922. The All India Railwaymen's Federation was formed in the same year and this was followed by the creation of both Provincial and Central federations of unions of postal and telegraph employees. The origin of the passing of a Trade Unions Act in India was the historic Buckingham Mill case of 1940 in which the Madras High Court granted an interim injunction against the Strike Committee of the Madras Labour Union forbidding them to induce certain workers to break their contracts of employment by refusing to return to work. Trade Union leaders found that they were liable to prosecution and imprisonment for bona fide union activities and it was felt that some legislation for the protection of trade union was necessary. In March, 1921, Shri N. M. Joshi, then General Secretary of the All India Trade Union Congress, successfully moved a resolution in the Central Legislative Assembly recommending that Government should introduce legislation for the registration and protection of trade unions. Opposition from employers to the adoption of such a measure was, however, so great that it was not untill 1926 that the Indian Trade Unions Act was passed. The Indian Trade Unions Bill, 1925 was introduced in the Central Legislative Assembly to provide for the registration of Trade Unions and in certain respects to define the law relating to registered Trade Unions in Provinces of India.
STATEMENT OF OBJECTS AND REASONS
This Bill has been prescribed in response to the following Resolution which was adopted by the Legislative Assembly on 1st March, 1924:
"This Assembly recommends to the Governor-General in Council that he should take steps to introduce, as soon as practicable, in the Indian Legislature, such legislation as may be necessary for the registration of Trade Unions."
The question was examined in detail by the Government of India and local Governments were consulted and public opinion was invited. In the light of opinions received a draft Bill was prepared and published in September, 1924. The Government of India, after considering the criticisms received on that Bill, see no ground for modifying the general principles underlying the Bill, and except for minor alterations, the present Bill is a reproduction of the Bill previously published.
INTRODUCTION
Trade Unionism has made its headway owing to growth of industrialization and capitalism. Trade Unionism asserts collectively the rights of the workers. In industrially advanced countries trade unionism has made a great impact on the social, political and economic life. India, being an agricultural country, trade unionism is restricted to industrial areas and it is still in a stage of growth. The earliest known trade unions in India were the Bombay Millhand’s Association formed in 1890, the Amalgamated Society of railway servants of India and Burma formed in 1897, Printers' Union formed in Calcutta in 1905, the Bombay Postal Union which was formed in 1907, the Kamgar Hitwardhak Sabha Bombay formed in 1910. Trade Union movement began in India after the end of First World War. After a decade following the end of First World War the pressing need for the coordination of the activities of the individual unions was recognised. Thus, the All India Trade Union Congress was formed in 1920 on a National Basis, the Central Labour Board, Bombay and the Bengal Trades Union Federation were formed in 1922. The All India Railwaymen's Federation was formed in the same year and this was followed by the creation of both Provincial and Central federations of unions of postal and telegraph employees. The origin of the passing of a Trade Unions Act in India was the historic Buckingham Mill case of 1940 in which the Madras High Court granted an interim injunction against the Strike Committee of the Madras Labour Union forbidding them to induce certain workers to break their contracts of employment by refusing to return to work. Trade Union leaders found that they were liable to prosecution and imprisonment for bona fide union activities and it was felt that some legislation for the protection of trade union was necessary. In March, 1921, Shri N. M. Joshi, then General Secretary of the All India Trade Union Congress, successfully moved a resolution in the Central Legislative Assembly recommending that Government should introduce legislation for the registration and protection of trade unions. Opposition from employers to the adoption of such a measure was, however, so great that it was not untill 1926 that the Indian Trade Unions Act was passed. The Indian Trade Unions Bill, 1925 was introduced in the Central Legislative Assembly to provide for the registration of Trade Unions and in certain respects to define the law relating to registered Trade Unions in Provinces of India.
STATEMENT OF OBJECTS AND REASONS
This Bill has been prescribed in response to the following Resolution which was adopted by the Legislative Assembly on 1st March, 1924:
"This Assembly recommends to the Governor-General in Council that he should take steps to introduce, as soon as practicable, in the Indian Legislature, such legislation as may be necessary for the registration of Trade Unions."
The question was examined in detail by the Government of India and local Governments were consulted and public opinion was invited. In the light of opinions received a draft Bill was prepared and published in September, 1924. The Government of India, after considering the criticisms received on that Bill, see no ground for modifying the general principles underlying the Bill, and except for minor alterations, the present Bill is a reproduction of the Bill previously published.
The general scheme of the Bill is that a Trade Union making the necessary application will, on compliance with certain stated conditions designed to ensure that the Union is a bona fide Trade Union, and that adequate safeguards are provided for the rights of its members, be entitled to registration. The Union and its members will thereupon receive protection in certain cases in respect of both civil and criminal liability. No restriction is placed upon the objects which a registered Trade Union may pursue, but the expenditure of its funds must be limited to specified Trade Union purposes. The legal position of Trade Unions which do not register will be unaffected by the Bill.
ACT 16 OF 1926
The Indian Trade Unions Bill, 1925 having been passed by the Legislature received its assent on 25th March, 1926. It came into force on 1st June, 1927 as the Indian Trade Unions Act, 1926 (16 of 1926). By section 3 of the Indian Trade Unions (Amendment) Act, 1964 (38 of 1964) the word "Indian" has been omitted and now it is known as THE TRADE UNIONS ACT, 1926 (16 of 1926).
The Indian Trade Unions Bill, 1925 having been passed by the Legislature received its assent on 25th March, 1926. It came into force on 1st June, 1927 as the Indian Trade Unions Act, 1926 (16 of 1926). By section 3 of the Indian Trade Unions (Amendment) Act, 1964 (38 of 1964) the word "Indian" has been omitted and now it is known as THE TRADE UNIONS ACT, 1926 (16 of 1926).
LIST OF AMENDING ACTS AND ADAPTATION ORDERS
1. The Indian Trade Unions (Amendment) Act, 1928 (15 of 1928).
2. The Government of India (Adaptation of Indian Laws) Order, 1937.
3. The Repealing and Amending Act, 1942 (25 of 1942).
4. The Indian Independence (Adaptation of Central Acts and Ordinances) Order, 1948.
5. The Adaptation of Laws Order, 1950.
6. The Part B States (Laws) Act, 1951 (3 of 195I).
7. The Indian Trade Unions (Amendment) Act, 1960 (42 of 1960).
8. The Indian Trade Unions (Amendment) Act, 1964 (38 of 1964).
9. The Central Labour Laws (Extension to Jammu and Kashmir) Act, 1970.
1. The Indian Trade Unions (Amendment) Act, 1928 (15 of 1928).
2. The Government of India (Adaptation of Indian Laws) Order, 1937.
3. The Repealing and Amending Act, 1942 (25 of 1942).
4. The Indian Independence (Adaptation of Central Acts and Ordinances) Order, 1948.
5. The Adaptation of Laws Order, 1950.
6. The Part B States (Laws) Act, 1951 (3 of 195I).
7. The Indian Trade Unions (Amendment) Act, 1960 (42 of 1960).
8. The Indian Trade Unions (Amendment) Act, 1964 (38 of 1964).
9. The Central Labour Laws (Extension to Jammu and Kashmir) Act, 1970.
THE TRADE UNIONS ACT, 1926
(16 of 1926) [25th March, 1926]
An Act to provide .for the registration of Trade Unions and in certain respects to define the law relating to registered Trade Unions 2[***]
WHEREAS it is expedient to provide for the registration of Trade Unions and in certain respects to define the law relating to registered Trade Unions 2[***].
(16 of 1926) [25th March, 1926]
An Act to provide .for the registration of Trade Unions and in certain respects to define the law relating to registered Trade Unions 2[***]
WHEREAS it is expedient to provide for the registration of Trade Unions and in certain respects to define the law relating to registered Trade Unions 2[***].
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