August 02, 2001
RAJYA SABHA '21' RAJYA SABHA PASSES TRADE UNIONS (AMENDMENT) BILL 2000 The Rajya Sabha today passed the Trade Unions (Amendment) Bill 2000. It amends the Trade Unions Act, 1926 to keep in pace with the changing times. The Bill among other things provides for:a) No trade union of workmen shall be registered unless at least 10% or 100, whichever is less, of workmen engaged or employed in the establishment or industry with which it is connected are the members of such trade union on the date of making of application for registration. In no case a union shall be registered without a minimum strength of 7 members.
b) A registered trade union of workmen shall at all times continue to have not less than 10% or 100 of the workmen, whichever is less, subject to a minimum of 7 persons engaged or employed in the establishment or industry with which it is connected, as its members.
c) All office bearers of a registered trade union, except not more than one third of the total number of office bearers or five, whichever is less, shall be persons actually engaged or employed in the establishment or industry with which the trade union is connected.
d) Minimum rate of subscription by members of the trade union is proposed to be revised as one rupee per annum for rural workers, three rupees per annum for workers in other unorganised sectors and 12 rupees per annum in all other cases.
e) A provision for filing an appeal before the Industrial Tribunal/Labour Court in case of non-registration/restoration of registration has been provided.
Replying to the debate on the Bill, The Labour Minister Dr. Satyanarayan Jatiya, said that government is concerned about the welfare of 40 crore workforce. Regarding the suggestion to introduce secret ballot, the Minister said that Trade Unions would be taken into confidence in this regard. He said the recommendation of the 2nd National Labour Commission would also be useful.
The Trade Unions (Amendment) Bill, 2000 was introduced in the House on 28.4.2000. The Bill was referred to the Standing Committee of Parliament on 8.5.2000, which presented its report to Parliament on 29.11.2000.
The effort for significantly amending the Act was made through the Trade Unions and the Industrial Disputes (Amendment) Bill, 1988 introduced in the Rajya Sabha. It was not taken up for consideration by the Parliament and was withdrawn in 1990 when a Bipartite Committee comprising representatives of Employers Organizations and Central Trade Union Organisations was constituted under the Chairmanship of Shri G. Ramanujam for "Formulation of Specific proposals for a new Industrial relations Bill". The Committee submitted its report in 1990.
Based on the recommendations of the Ramanujam Committee and subsequent deliberations held thereon at different fora, a Bill for amending the Trade Unions Act, 1926 was drawn up in consultation with the Ministry of Law. The Bill was presented by the Minister of Labour in the Rajya Sabha on 2.5.1994 for introduction. However, at the introduction stage several members raised preliminary objections. After extensive discussions, it was unanimously agreed that the Bill might be referred to the Parliamentary Standing Committee on Labour and Welfare.
The Parliamentary Standing Committee on Labour and Welfare examined the Amendment Bill at its various sittings, held detailed discussions with the concerned officers of the Ministry of Labour and finally presented its report to the Lok Sabha on 8.8.1995.
The proposal contained in the Trade Unions (Amendment) Bill, 1994 were re-examined in the Ministry of Labour in the light of the recommendations of the Parliamentary Standing Committee and the Amendment Bill has been suitably revised.