Registration/Cancellation of a Trade Union

Appointment of Registrars.[Sec 3]

  • The government will appoint a person to be a Registrar.
  • The government will appoint required number of person as the Addition and deputy Registrar of the Trade Unions. These office will be under the Registrar of the Trade Union.

Mode of registration.[Sec 4]

Minimum Requirement of Registration of Trade Union (2001 amendment)

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.

Provided that no Trade Union of workmen shall be registered unless at least ten per cent. or one hundred of the workmen, whichever is less, 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:

Provided further that no Trade Union of workmen shall be registered unless it has on the date of making application not less than seven persons as its members, who are workmen engaged or employed in the establishment or industry with which it is connected .

2. Where an application has been made under sub-section (1) for the registration of a trade union, such application shall not be deemed to have become invalid merely by reason of the fact that, at any time after the date of the application, but before the registration of the trade union, some of the applicants, but not exceeding half of the total number of persons who made the application, have ceased to be members of the trade union or have given notice in writing to the Registrar dissociating themselves from the application.

Application for Registration.[Sec 5]

Every application for registration of a trade union shall be made to the Registrar and shall be accompanied by a copy of the rules of the trade union and a statement of the following particulars, namely– 

  1. The names, occupations and addresses of the members making application;
  2. In the case of a Trade Union of workmen, the names, occupations and addresses of the place of work of the
  3. Members of the Trade Union making the application;”.
  4. The name of the trade union and the address of its head office; and
  5. The titles, names, ages, addresses and occupations of the 8[office-bearers] of the trade union.

If Trade Union has already been existing for one year or more, for its registration the members should submit all the details such as general statement of the assets and liabilities of the Trade Union going to be registered by the Registrar of Trade Union.
Provisions to be contained in the rules of a Trade Union (2001 amendment) [sec. 6]

For registration of the Trade Union, provision or rules mentioned below should be followed by the member for registration of the Trade Union according to this act.
a) The name of the Trade Union.
b) The object of the Trade Union.
c) General funds of the Trade Union by its members should be properly used for Lawful purpose.
d) Maintenances of list of members in the Trade Union and their facilities to be provided.
e) Half of the members of the trade union must be the member who actually engaged in an industry with which trade union is connected.
Payment of a minimum subscription by members of the Trade Union which shall not be less than—
(i) one rupee per annum for rural workers;
(ii) three rupees per annum for workers in other unorganized sectors; and
(iii) twelve rupees per annum for workers in any other case;
(iv) Disciplinary action against member of the Trade Union and procedures in imposition of fines on members.
(v) the manner in which the rules shall be amended, varied or rescinded;
(vi) the manner in which the members of the executive and the other of the Trade Union shall be elected and removed
(vii) executive members and other office bearers should be elected for the period of maximum 3 years..
(viii) Funds of the Trade Union should be safe guarded, annual audit is necessary, and account books should be maintained for the purpose of inspection if necessary.
(ix) Procedure how to wind up the Trade Union
Power to call for further particulars and to require alteration of name. [Sec 7] 

  • If Registrar is not satisfy with information provided by the members of the Trade Union going to be registered, Registrar is having power to call its members for submitting the additional and required information for registering the Trade Union.
  • If the Name of the Trade Union is already existed or similar to other Trade Unions names, registrar is having power to order for changing of the name.

Registration [Sec 8] 
All the documents submitted with details and information is correct by the members of the Trade Union going to be registered, the Registrar will register the Trade Union.

Certificate of Registration. [Sec 9] 
The Registrar registering a Trade Union under Section 8, shall issue a certificate of registration in the prescribed form which shall be conclusive that the Trade Union has been duly registered under this Act.

Minimum requirement about membership of a Trade Union. [Sec 9A] 
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 seven, engaged or employed in an establishment or industry with which it is connected, as its members.

Cancellation of registration [sec. 10] (2001 amendment)
Registrar of the Trade Union can cancel the registration of the Trade Union in following circumstances

  1. When Trade Union registration certificate has been obtained by fraud or other illegal means.
  2. Disobey the rules and regulation of Trade Union act.
  3. All the provision contained in section 6 of this act not followed by the members of the Trade Union.
  4. When there are no minimum required numbers of members in the Trade Union.