Registration of trade unions section 3-14

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Section 3 – Appointment of Registrars

  • (1) The government of the State (called the “appropriate government”) will appoint a Registrar of Trade Unions for each State.
  • (2) The government may also appoint Additional Registrars and Deputy Registrars to help the Registrar.
    • They will work under the supervision and directions of the Registrar.
    • The government will define their powers and the areas where they will work.
  • (3) If an Additional or Deputy Registrar works in the area where a Trade Union’s head office is located, they will be treated as the “Registrar” for that Union under the Act.

Section 4 – Mode of Registration

  • (1) At least seven members of a Trade Union can apply for registration by signing its rules and following all requirements under the Act.
  • (2) If some members (not more than half of the original applicants) leave the union or withdraw their names after applying — but before registration — the application will still be valid.

Section 5 – Application for Registration

  • (1) The application must be sent to the Registrar and include:
    • A copy of the Union’s rules.
    • A statement with:
      • Names, jobs, and addresses of the applicants.
      • Name and address of the Union’s head office.
      • Titles, names, ages, addresses, and jobs of its office-bearers.
  • (2) If the Union has existed for over one year before applying, it must also submit a statement of assets and liabilities (financial position).

Section 6 – Rules of a Trade Union (for registration)

To be registered, the Union’s executive committee must be set up according to the Act and its rules must include:

  1. Name of the Union.
  2. Objectives for which it was formed.
  3. Purposes for which its funds will be used (must be lawful under the Act).
  4. A members’ list and facilities for inspection.
  5. Rules for admitting:
    • Ordinary members (actually working in the related industry).
    • Limited honorary/temporary members as required under section 22.
  6. Membership subscription — at least 25 naye paise per month per member.
  7. Conditions for benefits, fines, or penalties.
  8. How rules can be changed.
  9. How office-bearers and executive members will be appointed/removed.
  10. Safe keeping of funds, annual audit of accounts, and inspection rights.
  11. How the Union can be dissolved.

Section 7 – Further Information & Alteration of Name

  • (1) The Registrar can ask for more information to ensure the application meets section 5 and 6 requirements. He may refuse registration until this is provided.
  • (2) If the Union’s proposed name is already taken or is too similar to an existing one, the Registrar can require a name change before registration.

Section 8 – Registration

  • Once satisfied that all requirements are met, the Registrar will register the Union by entering its details in an official register.

Section 9 – Certificate of Registration

  • After registration, the Registrar will issue a certificate.
  • This certificate is proof that the Union is legally registered.

Section 10 – Cancellation of Registration

The Registrar can cancel or withdraw a certificate:

  • (a) On the Union’s own application.
  • (b) If obtained by fraud/mistake, or if the Union:
    • No longer exists.
    • Violates the Act deliberately after notice.
    • Has rules inconsistent with the Act or removed required rules.
  • Notice Requirement: At least 2 months’ written notice must be given before cancelling (unless the Union itself requests).

Section 11 – Appeal

  • (1) Anyone affected by refusal to register or cancellation can appeal:
    • If the head office is in a Presidency-town → to the High Court.
    • Otherwise → to a court appointed by the government (not below an Additional/Assistant Judge of a main civil court).
  • (2) The appellate court can:
    • Dismiss the appeal.
    • Order the Registrar to register the Union or restore its certificate.
  • (3) Appeal procedures will follow the Civil Procedure Code rules.
  • (4) If a lower court dismisses the appeal, the person can appeal to the High Court.

Section 12 – Registered Office

  • All official communication will go to the Union’s registered office.
  • Any change of address must be informed to the Registrar within 14 days, and the register will be updated.

Section 13 – Incorporation of Registered Trade Unions

  • A registered Trade Union becomes a legal entity:
    • It has perpetual succession (continues even if members change).
    • Has a common seal (official stamp).
    • Can own property (movable and immovable).
    • Can enter into contracts.
    • Can sue or be sued in its own name.

Section 14 – Certain Acts Not to Apply

  • Once registered, a Trade Union does not come under:
    1. Societies Registration Act, 1860.
    2. Co-operative Societies Act, 1912.
    3. Companies Act, 1956.
  • Any registration under these laws will be void for a registered Trade Union.


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