Right of Association (Agriculture) Convention, 1921 (No. 11) - India (Ratification: 1923)

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

In its previous observation, the Committee had requested the Government to supply information concerning the number of self-employed workers engaged in agriculture who are trade union members and to provide statistics more generally on the number of agricultural unions registered under the Trade Union (Amendment) Act, 2001. The Committee notes that in its report, the Government indicates that: (1) the number of agricultural workers employed in the central sphere is negligible and the enforcement in agricultural sectors rests with the State Government; and (2) according to the statistics available from trade unions in India, 2006 (Labour Bureau), there were 274 unions representing 1,311,424 members submitting returns under agriculture, hunting and forestry in 2006.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee takes note of the Government’s report.

It notes the Government’s statement that the Trade Union Act, 1926 that empowers the workers of the country including those in agriculture to establish trade unions was amended by the Trade Union (Amendment) Act, 2001. The Committee regrets, however, that the Government failed to supply information concerning the number of self-employed workers engaged in agriculture who are union members and to provide statistics more generally on the number and type of agricultural workers’ unions registered under the Trade Union Act. The Committee therefore once again reiterates its request.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information provided in the Government’s report.

The Committee takes note of the Government’s reply concerning the Trade Union Act of 1926. According to the Government, while it is true that the Trade Union Act does not expressly include agriculture, it would not be correct to conclude that it excludes small agricultural farmers, self-employed workers and smallholders from its scope. The Committee would once again recall, however, that the National Commission on Rural Labour (NCRL) (mandated to study all aspects of the conditions of work relating to this sector and to examine the legal and administrative measures taken in order to organize rural labour, to suggest modification in the existing laws and to propose new legislation) concluded in 1991 that organized trade union activity is much less prevalent among rural labour in the country, only about 5 per cent of rural labour in the country is formally organized, and that trade unions have largely confined their activities in favourable areas where labourers have regular employment and work together in large numbers. The NCRL had stressed in particular that care should be taken to see that the following categories do not get excluded in any legislation that might be proposed in respect of agricultural workers: "those with some land but who have to supplement their income by working as labourers for wages for a portion of the year, those who work on a contract basis for an agricultural or allied activity, and those who are styled as permanent servants, attached workers or casual workers".

While noting the practical information provided by the Government concerning the central level unions/associations of agricultural workers, the Committee would ask the Government once again to supply information concerning the number of self-employed workers engaged in agriculture who are union members and to provide statistics more generally on the number and type of agricultural workers’ unions registered under the Trade Union Act.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the information provided in the Government’s report.

In its previous comments, the Committee recalled the observations which had been supplied by the National Labour Organization (NLO), Ahmedabad, annexed to a Government’s previous report, which had mentioned the practical difficulties confronting trade union activity in agriculture, owing to the nature of work in this sector, as well as the information supplied by the Government that in practice only 9.2 per cent of the workforce in agriculture is unionized and that the vast majority of the poor agricultural workers is not organized.

The Committee would once again recall the important conclusions reached by the National Commission on Rural Labour (NCRL) which was mandated to study all aspects of the conditions of work relating to this sector and to examine the legal and administrative measures taken in order to organize rural labour, to suggest modification in the existing laws and to propose new legislation. The NCRL, which submitted its report to the Government in 1991, had defined rural labour as "a person who is living and working in the rural area and engaged in agricultural and/or non-agricultural activities requiring manual labour, getting wage or remuneration partly or wholly, in cash or in kind or both during the year, or such own account workers who are not usually hiring in labourers but are part of the petty production system in rural areas". This definition includes workers who do wage-paid manual labour, small and marginal farmers who may be supplementing their income by earning wages, tenants, sharecroppers and artisans. In 1987-88, there were 150 million persons in India falling within this definition which accounted roughly for 60 per cent of the total rural workforce in the country. The NCRL had recommended a central legislation for agricultural labourers (who constitute the most vulnerable category of workers due to their dependence on wage employment) providing for security of employment, prescribed hours of work, payment of prescribed wages and machinery for the settlement of disputes. The NCRL had also recommended a provision in the said legislation for enabling formation of trade unions for agricultural labourers in order to carry on their activities under applicable laws. In fact the NCRL had stressed the utmost importance of organizing the rural workers, in particular agricultural labourers, to enable them to obtain the required bargaining power, to realize what is their due and legitimate interest, to ensure them protection against exploitation of all kinds and to make them partners in the development process to improve their conditions of work. Some efforts had been made by the National Labour Institute which undertook consciousness-raising programmes for rural workers to build their own mass organizations and to make them aware of their basic rights and needs.

The Committee stresses once again that the present Convention applies to all those engaged in agriculture. The Committee expresses its concern that while agriculture is not expressly excluded from the scope of the Trade Union Act (TUA), 1926, as amended, it is not expressly included either, as the definitions given in the Act can be interpreted as excluding workers employed in small agricultural farms from its application. For example, the term "workmen" is defined as all persons employed in trade or industry and references to "trade dispute" (section 2(g)) seems to apply to industrial agriculture and agricultural farms run on a commercial basis but it does not appear to include the bulk of agricultural workers like self-employed farmers, sharecroppers and smallholders.

While noting the information provided by the Government concerning the central level unions/associations of agricultural workers, the Committee would ask the Government once again to supply information concerning their membership, particularly as concerns self-employed workers engaged in agriculture. It also requests information on any legislative and other measures taken or contemplated, as envisaged in the Government’s previous report, to ensure that those engaged in agriculture enjoy the same rights of association and combination as industrial workers, and to repeal any statutory or other provisions restricting such rights.

[The Government is asked to report in detail in 2001.]

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee takes note of the indication in the Government's report that the Convention is well observed and that no practical difficulties in the application of the Convention have been experienced. The Committee would recall, however, the observations supplied by the National Labour Organization (NLO), Ahmedabad, annexed to the Government's previous report, which had mentioned the practical difficulties confronting trade union activity in agriculture, owing to the nature of work in this sector, as well as the information supplied by the Government that in practice only 9.2 per cent of the workforce in agriculture is unionized and that the vast majority of the poor agricultural workers is not organized.

The Committee recalls from the Government's previous reports that it had set up a National Commission on Rural Labour (NCRL) in 1987 to study all aspects of the conditions of work relating to this sector and to examine the legal and administrative measures taken in order to organize rural labour, to suggest modification in the existing laws and to propose new legislation for that purpose. The NCRL, which submitted its report to the Government in 1991, had defined rural labour as "a person who is living and working in the rural area and engaged in agricultural and/or non-agricultural activities requiring manual labour, getting wage or remuneration partly or wholly, in cash or in kind or both during the year, or such own account workers who are not usually hiring in labourers but are part of the petty production system in rural areas". This definition includes workers who do wage-paid manual labour, small and marginal farmers who may be supplementing their income by earning wages, tenants, sharecroppers and artisans, and it comprises 150 million persons accounting roughly for 60 per cent of the total rural workforce in the country. The NCRL had recommended a central legislation for agricultural labourers (who constitute the most vulnerable category of workers due to their dependence on wage employment) providing for security of employment, prescribed hours of work, payment of prescribed wages and machinery for the settlement of disputes. The NCRL had also recommended a provision in the said legislation for enabling formation of trade unions for agricultural labourers in order to carry on their activities under applicable laws. In fact the NCRL had stressed the utmost importance of organizing the rural workers, in particular agricultural labourers, to enable them to obtain the required bargaining power, to realize what is their due and legitimate interest, to ensure them protection against exploitation of all kinds and to make them partners in the development process to improve their conditions of work. The Committee had noted with interest the efforts made by the National Labour Institute which undertook some programmes to raise the consciousness of the rural workers to build their own mass organizations and to make them aware of their basic rights and needs.

The Committee stresses that the present Convention applies to all those engaged in agriculture. Even though agriculture is not expressly excluded from the Trade Union Act (TUA) 1926 as amended, it is not expressly included and the definitions given in the Act can be interpreted as excluding small agricultural workers from its application. In fact it defines "workmen" as all persons employed in trade or industry and refers to "trade dispute" (section 2(g)). This definition seems to apply to industrial agriculture and agricultural farms run on a commercial basis but it does not include the bulk of agricultural workers like self-employed farmers, sharecroppers and smallholders.

The Committee would ask the Government to supply in its next report detailed information concerning the number of trade unions and associations of self-employed workers comprising persons engaged in agriculture and their membership. It also requests information on any legislative and other measures taken or contemplated to ensure that those engaged in agriculture enjoy the same rights of association and combination as industrial workers, and to repeal any statutory or other provisions restricting such rights.

[The Government is asked to report in detail in 2000.]