 bill no  64 of 1_  em- the trade unions (amendmen1') bill, 1982 a bill furthet to amend the trade unions act, 1926be it enacted by parliament in the thirty-third year of the republic of india as follows:-1 (1) this act may be called the trade unions (amendment) act, short 1982 title ani com mencemenl 5 (2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint u'of 128 z in the trade unions act, 1926 (hereinafter referred to as the principal act), in the long title and in the preamble, after the words "registration of trade uniod$", the worda ", verification of the member-amend_ ment of long title and preamble 10 ship of the trade unions so registered" shall be inserted 1 3 in section 2 of the principal act, after clause (h), the following amend_ ~~ cause shall be inserted, namely: -section 2 '(i) "trade union clispute" means any dispute-(a) between one trade union and another; or 15 (b) between one or more members or office-bearers of a trade union and the trade union (whether also with any of the other members or office-bearers of the trade union or not) relating to its registration, administration or management of its affairs, including the appointment of the members of the execu-20 tive or othel' oftic~bearers of the trade union, the validity of any such appointment, the area of operation of the trade union, verificatioq of membership and any other matter arising out of the rul~s of the trade union, but excluding matters involving determination of issues as to the title to, or ownership of, any building or other property or any funds' 4 in section 4 of the qrincipal act,-amendment of sectinn 4 (a) in sub-section (1), for the words "any seven or more members of a trade union may", the words, brackets, figure and letter "any number of members of a trade union, being not less than the minimum number as determined i'n accordance with the provisions 5 of sub-section (1 a) , may" shall be substituted; (b) after sub-section (1), the following su b-section shall be inserted, namely:- "(la) the minimum number of members of a trade union who may apply under sub-section (1) shall be-10 (a) where such trade union is a trade union of workmen which is not a federation of trade unions,-(i) if the aggregate of the number of workmen who are members of such trade unio:1 and the number of workmen eligible to be members of such trade union 15 is one hundred or less, ten; (ii) if such aggregate is more than one hundred, such number as is equal to ten per cent of such wor)cmen, or one hundred, whichever is less; amendment of -:tion8 (b) in any other ease, seven 20 explanation-for the purposes of this sub-section, the workmen who are eligible to be members of a trade union shall be all such workmen employed in the industry or industries with which the trade ·union is connected as are, in accordance with the rules of the trade union, eligible to be admitted as members of such trade 25 union  i in section 8 of the principal act, after the words "register the trade union", the words ", within a period of sixty days from the date of such compliance," shall be inserted 6 in section 10 of the principal act,-30 (a) in clause (b), the word "or" shall be inserted at the end; amendmut ot eection 10 (b) before the proviso, the following clause shall be insttrted, namely:-"(c) if the registrar is satisfied that the trade union has callen for, or participated in, any illegal strike: "; 5 3 (c) after the proviso, the 'following explanation shall be inserted, namely:-<exptanation-for the purposes of this section, "illegal strike" has the meaning assigned to it in section 24 of the industrial disputes act, 1947' 40 14 of in'i 7 after section 11 of the principal act, the following section shall be inserted, namely:-insertion of new lection lla re-registration of a trade union 'illa a trade union whose certificate of registration lias been cancelled may apply {or re-registration to the registrar after the expiry of a period of six months from the date of such cancellation: 45 provided that where such cancellation is on the ground that such trade union has failed to comply with any of the requirements provided by or under this act, it shall not be re-l"egistered until it haa complied with such requirement" 8 in section 21a of the principal act,-amend-(4) in sub-section (1), after clause (ii) , the following clause ment at section shall be inserted, namely: -21a, 14 of 1947 5 "(iii) he has been convicted of any offence under the industrial disputes act, 1947"; ('b) after sub-section (3), the following sub-section 5hall be inserted, namely:-'-:' 10 14 ol19~ " (4) any member of the executive or other office-bearer of a registered trade union who, before the commencement of the trade unions (amendment) act, 1982, has been convicted of any offence under the industrial disputes act, 1947, shall, on the date of such commencement, cease to be such member or office-bearer " 9 in section 22 of the principal act, in the opening paragraph, for amend i 5 the words "not less than one-half", the words "not less than three- ment of fourths" shall be substituted section 22-10 in section 28 of the principal act, after sub-section (4), the follow- amend ing sub-section shall be inserted, namely:-ment of section 28 "(5) the registrar shall send to the state government and 20 the central government or any authority specified in this behalf by the state government ()[" the central government, a statement containing such information with respect to registered trade unions within such time as may be prescribed" 11 in chapter iii of the principal act, after section 28, the follow- insertiod 2') ing sections shall be inserted, namely: -at new sectiona 5 of 1908 - 28a,28b and 28c "28a (1) the registrar shall have the power to verify the power at membership of registered trade unions and matters connected regitrar therewith· in such manner as may be prescribed and shall send a to verity report about such membership to the state gov~nment and the membership of central government trade (2) for the purpos~ of exercising the powers conferred by unions, sub-section (1), the registrar shall follow such procedure as may etc be prescribed and shall also have the same powers as are vested in a civil court under thd code of civil procedure, 1938, for compeuing the production of documents or other connected materials 35 voluntary reference of tratie union disputes to arbitration 28b (1) where any trade union dispute exists or is apprehended and the parties to the disp:jte agree to -refer the dispute to arbitration, they may, by a written agreement (hereinafter referred to as the arbitration agreement), refer the dispute to arbitration and the reference shall be to such person or persons as an arbitrator or arbitrators as may be specified in the arbitration agreement 45 (2) where an arbitration agreement provides for reference of the dispute to an even number of arbitrators the agreement shall provide for the appointment of another p~rson as umpire who shah enter upon the reference, if the arbitrators are equal1y divided in their opinion, and the award of the umpire shall pr<:!vail and shall be deemed to be the award of the arbitrators for the purpo!es of this section (3) an arbitration agreement shall be in such farm and shall besigned by the parties                      thereto                              in such manner                                                as may be prescribed    (4) a capy of the arbitration                                   agreement                                              shall be far warded                                                                   tothe appropriate                government                             'and that government                                                    shall, within onemonth from the date of the receipt                                     of such capy, publish                                                            the same                                                                       5in the official gazette    (5) the arbitrator                         at' arbitrators                                        shall investigate                                                          the dispute andsubmit        to the                 appropriate                              government                                             the                                                 award                                                         signed                                                                 by                                                                       thearbitrator            or all the arbitrators,                                        as the case may be(6) every award made under                           this section shall, within                                                  a period                                                           10of thirty           days from the date of its receipt by the appropriate                                                                          gov-ernment,           be published in such manner as that government                                                                     thinks fit(7~ an award published under sub-section                                         (6) shall be final 'andshall not be called in question by any court in any manner                                                           whatso-ever                                                                    is    (8) nothing                 in the arbitration                                    act, 1940, shall                                                    apply                                                          to arbi-                                                                      10 of 19404trations        under              this section,28c (1) where the appropriate                                government                                            is of opinion thatany trade union dispute                        exists or is                                     apprehended,                                                  it may, at anytime by order in writing,                          refer the dispute to the registrar                                                             far ad-                                                                     20judicationtrar(2) subject to any regulations that may be made in this behalf,the registrar               shall, in adjudging                                    the dispute                                                 referred                                                           to him undersub-section             (1), follow such procedure                                           as he "thinks fit    (3) where in an order                          referring                                    a trade union dispute                                                          ta the                                                                 25registrar         under               this section, the appropriate                                           government                                                       has specified the points of dispute for adjudication,                                             the registrar                                                            shall confine his jurisdiction                  to those points and matters                                                   incidental                                                               thereto(4) where a trade                  union dispute has peen referred                                                 to the registrar         far adjudication,                               he shall hold the proceedings                                                                     expeditiously                                                                                      30and shall, as saon as it is practicable                                        on the conclusion there of submit                                                                    ,his award          to the appropriate                             gavernment(5) the award of the registrar                               shall be in writing                                                   and shall besigned by the registrar    (6) every award                    of a registrar                                  shall, within                                               a period of thirty                                                                35days from the date of its receipt by the appropriate                                                 government,                                                             bepublished          in such manner                            as that gavernment                                                  thinks fit(7) subject to the provisions of sub-section                                              (8), the award published under sub-section                          (6) shall be final and shall not be called inquestion by any court in any manner                                        whatsoever,40(8) any person aggrieved                         by the award                                       of the registrar                                                       undersub-section             (4) may, within such period as may be prescribed,                                                                     preferan appeal to the court- referred                                    to in section                                                    11 and the provisionsof that section shan,                        sa far as may be, apply                                                     to appeals preferredunder this section,45(9) without            prejudice                      to the                               provisions                                          of                                              sub-section                                                           (1),where the parties                  to a trade union dispute apply in the prescribedmanner,        whether                 jointly or separately,                                       for a reference                                                      of the disputeto the registrar,                   the appropriate                                    government                                                   shall make the reference accordingly                                                                        50(10)      the provisions of sub-section                                               (2) and sub-sections                                                                            (4) to (6)shall, so far as may be, apply to a reference                                              made under sub-section(9)(11) an award made by a registrar                                  in a reference                                                made to him5      under sub-section                      (9) shall be final and shall not be called in question      by any court in any manner                                  whatsoever"12 in sub-section(2) of section 29 of the qrincipal act,-amend-ment ofsection      2910      (a)            in clause                            (d)                                  the word "and" occurring                                                                          at the end shall beomitted;      (b)             clause                        (e)                              shall be re-lettered                                                            as clause                                                                              (i)                                                                                     thereof                                                                                                  andbefore       clause                (i)                    as so re-lettered,                                        the                                             following                                                        clauses                                                                 shall                                                                       beinserted,          namely:-    "( e) the information                           with respect to registered                                                       trade unionand the time within                      which such information                                                may be sent undersub-section             (5)' of section 28;(f)the procedure that may be followed by the registrarin-20(i) verifyingthe membershipof registeredtr ade unionsundersection 28a, or(ii) the adjudicationof any disputereferredtohimundersection 28c;      (g)            the                   ferm                            of an arbitration                                                        agreement,                                                                          the                                                                                 manner                                                                                               inwhich it may be signed by the parties                                                              thereto                                                                          and the powersof the arbitrator,                    arbitrators                                 or umpire                                              specified in the arbitra-tion agreement;      (h)           the manner                            in which parties                                                    to a trade                                                                    union disputemay apply for adjudication                                     of the dispute to the registrar                                                                               undersub-section                (9) of section 28c"   13 in chapter iv of the principal                                      act, after section 30, the followingsection shall be inserted,                          namely:-insertionof newsection30a   "30a (1) every                    regulation                              made by the                                             central                                                     governmentunder this act shall be laid,' as soon as may                                            be after                                                      it is made,regula;tions      tobefore        each home                     of parliament,                                      while it is in session for a totalperiod of thirty                  days, which may be comprised in one session or intwo or more successive                        sessions, and if,                                         before the expiry                                                           of the35be   laidbeforeparlia-ment andstatelegisla-turessession immediately                     following the session or the successive sessionsaforesaid,          both houses agree in making                                           ~ny modification                                                              in                                                                  theregulation           or both houses agree that                                        the regulation                                                       should                                                               not bemade, the           regulation                      shall                             thereafter                                          have                                                effect only in                                                                 suchmodified form or be of no effect, as the case may be; so, however,that any such modification or annulmentshall be withoutprejudiceto the validityof anythingpreviouslydone under that regulation     (2)          every                  regulation                               made by the                                                 state                                                         government                                                                         underthis act shall be laid, as soon as may be after it is made, before thestate       legislature"4514 in section 31 of the principal act-(a)in sub-section(1) ,-amendment ofsection 31(i)in theopening paragraph,for the words "five rupees",at both the places wheretheyoccur, thewords"twenty-fiverupees"shall be substituted;(it) in the proviso, for the words "fifty rupees", the words "five hundred rupees" shall be substituted; (b) after sub-section (2), the following sub-section shall be inserted, namely:-"(3) any person who contravenes any of the orders, of the 5 registrar for verification of the membership of a registered trade union under section 28a shall be punishable with fine which may extend to five hundred rupees" amendment ot section 33 15 in section 33 of the principal act, in sub-section (1), for the words "presidency magistrate or a magistrate of the first class", the words io "metropolitan magistrate or a judicial magistrate of the first class" shall be substituted the trade unions act, 1926, provides for the registration of trade unions and for m~tters connected therewith the need for amending some of the provisions of the act has been under consideration for quite some time the national commission on labour also maqe a comprehensive rt!view of the act and recommended certain measures for checking multiplicity in the formation of trade unions, streamlining the procedure for registration, cancellation and re-registration of trade unions, setting up of a machinery for the resolution of trade union disputes, including intra-union rivalries, etc  these matters were discussed at various forums in the light of these discussions, it is proposed to make the following amendments in the act, namely:-(i) to reduce multiplicity of uniow, it is proposed to change the existin~ provision of enabling any seven workmen to form a trade union by providing for a minimum qualifying membership of 10% of workmen (subject to a minimum of ten) employed in the establishment or industry where the trade union is proposed to function or hundred workmen, whichever is less, for the registration of +rade unions (iii) there is at present no machinery or procedure for the resolution of trade union disputes arising from inter-union and intraunion rivalries it is proposed to define the expression "trade union dispute" and to make provision for resolving such disputes through voluntary arbitration, or by empowering the appropriate government and the parties to the dispute to refer it to the registrar of trade unions for adjudication (iii) the act does not lay down any time-limit for registration of trade unions it is proposed to provide for a period of sixty days for the registration of trade unions by the registrar after a11 the formalities have been completed by the trade unions it is also proposed to provide that a trade union who$e certificate of registration has been cancelled would be eligible for re-registration only after the expiry of a period of six months from the date of cancellation of registration, subject to certain conditions being fulfilled by the trade union (iv) under the existing provisions of the act, 50% of the officebearers in the executive of a registered trade union shall qe persons actually engaged or employed in an industry with wjuch the trade union is connected it is proposed to enhance this limit to 75% &0 as to promote development of internal leadership (v) it is proposed to empower the registrars of trade unions to verify the membership of registered trade unions and connected matters and report the matter to the state and central governments (vii) penalties specified in the act for the contravention of its provisions are proposed to be enhanced 2 the bill seeb to achieve the above objects and to provide for certain other minor changes in the act new delm; the 6th february, 1982 bhagwat jha azad·  memorandum regarding delegated legislationclause 10 of the bill seeks to amend section 28 of the trade unions act 1926 so as to insert a new sub-section (5) which empowers the ,  , registrar of trade unions to send to the state government and the central government or any authority specified by the state government or the central government a statement containing such information with respect to registered trane unions within such time as may be prescribed by regulations under the act  clause 11 of the bill seeks to insert three new sections 2ba, 28b and 28c in the act which provide for the verification of membership of trade unions, voluntary reference of trade union disputes to arbitration and references of such trade union disputes to registrar of trade unions respectively under the proposed new section 28a, the registrar shall have the power to verify the membership of registered trade unions and matters connected therewith in such manner as may be prescribed by regulations and, for this purpose, the registrar shall kllow such procedure as may be prescribed by regulations the new section 28b, which empowers the parties to a trade union dispute to agree to refer such dispute to arbitration, requires such arbitration agreement to be in such form and to be signed by the parties in such manner as may be prescribed by regulations new section 28c empowers the registr-ar to follow such procedure as he thinks fit in adjudging the dilaputes referred to him the procedure that may be followed by the registrar will be subject to such regulations as may be made in this behalf it has also been provided that any person aggrieved by the award of the registrar in a reference may appeal to the court referred to in section 11 of the act within such period as may be prescribed by regulations the parties to a trade union dispute are also entitled to apply jointly or separately 'in th~ manner prescribed by regulations for adjudication of the dispute by the registrar section 29 of the act empowers the appropriate government to make regulations for the purpose of carrying into effect the provisions of the act clause 12 of the bill seeks to amend the said section 29 of the act to empower the appropriate government to make regulaticlns to provide for the above matters the delegation of legislative power under the aforementioned provisions relates to matters of procedure or administrative detail hence, the delegation of legislative power i~ normal in character i'fl '' '" - - - - an act to providp for the registration of trade unions and in certain respects t&"'<i8flnt the law relating" to regiatered tracie ttdioq whi:ri:as it is expedient to provide for 'the regibtratiolidt trade unions and in certain respects to define the law relating 'to registetw trade unions; it is hereby enacted as follows:-iii - '" - - 2 in this act "the appropriate government" means, in relation to deftni-trade unions whose objects are not confined to one state,the central ticms government, and in relation to other trade unions, the state government, &nd, unless there is anything repugnant in the subject or context,-'" '" - '" '" provided that this act shall not affect-(i) any agreement between partners as to their own business; (ii) any agreement between an employer and those employed by him as to such employmentj or mode of reliatration (iii) any agreement in consideration of the sale of the goodwill of a business or of instruction in any profession, trade or handicraft - - - '" '" t (1) any seven or more members of a trade union may, by subscribing their names to the rules of the trade union and by otherwise complying with the provisions of this act with respect to registration, apply for registration of the trade union under this act '" '" '" - '" 8 the registrar, on being satisfied that the trade union has complied reliitrawith all the requirements of this act in regard to registration, shal1 tlon register the trade union by entering in a register, to be maintained 1n such 'form as may be prescribed, the particulars relating to the trade union contained in the" statement accompanying the application for registration cancellation of re,iijtration - '" - - - to a certificate of registration of a trade union may be withdrawn or cancelled by the registrar-' - - - -  " '  (b) if the registrar is satisfied that the certificate has been obtained by fraud or mistake, or that the tnl~ union has ceased to exist or has wilfuuy and after notice from ttu~ jlegistrar colltr(l-i) - vened any provision of this act or allowed any rule to continue in force which is inconsistent with any such provision, or has rescinded any rule providing for any matter provision for which is required by section 6: ~ovided that not less than two mpjiths' &>revious notice in writing specifying the grounci on which it is proposed to withdravv or cancel the -certificate shall be giv~n by the registrar to the 'l'tade' union before the certificate is withdrawn or canceiiedotherwise than on the application of the trade union - - - - - 21a -(i) n-,ws«m -u 'be :dijquawied·bii' ,~ ahomd  ,~ for beiqg, a- me~ ~ the executive or any ~ther oftlce-bearer of _ register~ tj'ade uaion if-- - - - - 22 not less than onehal1 of the total number of the office-bearers ot every l'egistered trade unlbtl shall be pertlohs actually dpd or employed in an indu!try with 1vh1ch the 'n'ade union is cohheeted: diaqualifications of officebearers of trade unions propor-tion of offtcebearers to be connected with the industry provided that the appropriate ggvernment may, by special or general order, declare that the provtsions of this eection shall mt apply to any trade union or clua of trade unions specified in the order - - - - - 21 (1)' - - - - - power to make regulations (2) in particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, hamely:-  -   (d) the conditions subject to whi<:h inspection of documents kept by registrars shall be allowed and the fees which shall be chargeable in respect of such inb;lections; and - - - -  failure to au'bint returns 31 (1) if default il made on the part of any reliltered trade union in living any notice or aendinj any 8\a~ment or other tlocument as required by or udder any provision of th1b ad, every oftke-bearer or other perloll bowld by the nle8 of the trade udion to live 01" &end the same, or, if there is no su<:h oftice-bearer or person, every member of the executive of the trade union, shall be punishable with fine which may extend to five rupees and, in the ease of a contfl'luing default, with an additicmal fine which may extead to bve rupees for each week aft« the first during which the default continues: coenizanceof o:irencea provided that the aggregate fine shall not exceed fifty rupees  -  - - - • (~) no aow1 illtrlor to that of a prelldtl\oy magiltrate or a i&flattatet of the tltst  hall try afty ofttnoe un_ tbfi ailt - - - - - a bill further to amend the trade unions act, 1926 (shri bh4gwat jh4 azad, mitauteto of state c1f the ministry c1f lalioor) 