Trade Unions Act, 1926
The present Trade Unions Act, 1926 was passed in 1926 under the title of the Indian Trade Unions Act and was brought into operation from 1st June, 1927, by notification in the Official Gazette by the Central Government. The Act was amended in 1947, 1960 and 1962. Subsequently, the word ‘Indian’ was deleted in the amended Act of 1964, which came into force from 1st April, 1965. A comprehensive Trade Unions (Amendment) Act was passed in 1982 another in the year 2001.
Applicability of the Act
The Act extends to the whole of India. The word “except the States of Jammu and Kashmir” has been omitted by the amended Act of 1970 with effect from 1st September 1971. The Act applies not only to the unions of workers but also to the associations of employers.
Certain Acts do not apply to a registered trade union, namely,
- The Societies Registration Act, 1960,
- The Co-operative Societies Act, 1912, and
- The Companies Act, 1956
The registration of any such union under any such Act is null and void.
The Act is Central legislation, but it is administered and enforces mostly by the State Governments. For the purpose of this Act, the Central Government handles the cases of only those unions whose objectives are not confined to one state. All other types of unions are the concern of State Governments. The respective Registrars of Trade Unions are appointed both by the Central and the State Governments. They can also appoint additional or Deputy Registrars, who may exercise the powers and functions of the registrars, as it thinks fit, so as to obviate delays in the disposal of applications for registration of trade unions.