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GOVERNMENT NOTIFICATION

THE TRADE UNION (AMENDMENT) 
BILL, 2018
A BILL

Further to amend the Trade Unions Act, 1926
BE it enacted by the Parliament in the sixty-ninth year of the Republic of India as follows:-
1. Short title and commencement.- (1) This Act may be called the Trade Unions (Amendment) Act, 2018.
(2) It shall come into force on such date as the Central Government may, by notification in the official Gazette, appoint.
2. Insertion of new section 28A. - After section 28 of the Trade Unions Act, 1926 (16 of 1926) (hereinafter referred to as the principal Act,) the following section shall be inserted, namely:-
"28A. Recognition of Trade Unions at Central and State level.-
(1) Where the Central Government, for the prescribed purpose, is of the opinion that it is necessary or expedient that the Trade Union or a federation of Trade Unions is to be recognized as Central Trade Union at the Central level, it may recognize the Trade Union or a federation of Trade Unions as the Central Trade Union in such manner and by secret ballot as may be prescribed and if any dispute arises in relation to such recognition, it shall be decided by such authority in such manner as may be prescribed by the Central Government.
(2) Where the State Government, for the prescribed purposes, is of the opinion that it is necessary or expedient that the Trade Union or a federation of Trade Unions is to be recognized as State Trade Union at the State level, it may recognize the Trade Union or a federation of Trade Unions as State Trade Union in such manner and by secret ballot as may be prescribed and if any dispute arises in relation to such recognition, it shall be decided by such authority in such manner as may be prescribed by the State Government.
(3) The Trade Union or a federation of Trade Unions,-
(i) Recognised as Central Trade Union under sub-section (1); or
(ii) Recognised as State Trade Union under sub-section (2), shall be the recognised Central Trade Union for the purposes of the Trade Unions in respect of which, the Central Government is the appropriate Government or as the case may be, the recognised State Union for the purposes of the Trade Unions in respect of which, the State Government is the appropriate Government".
3.Amendment of section 29.- In section 29 of the principal Act, after sub-section (2), the following sub-section shall be inserted, namely:-
"(2A) Without prejudice to the generality of sub-section (1),-
(i) the Central Government may make regulations for the prescribed purposes, the manner or recognition, the authority to decide the dispute and the manner of deciding such dispute under sub-section (1) of section 28A; and
(ii) the State Government may make regulations for the prescribed purposes, the manner of recognition, the authority to decide the dispute and the manner of deciding such disputes under sub-section (2) of section 28A."