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Section 9 of The Industrial Relations Code, 2020 — Registration of Trade Union and cancellation thereof

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Bare section text

Official Legislative Text

(1)The Registrar shall, on being satisfied that the Trade Union has complied with all the requirements of the provisions of this Chapter in regard to registration, register the Trade Union by entering in a register, to be maintained in such form as may be prescribed, the particulars relating to the Trade Union contained in the statement accompanying the application for registration.
(2)Where the Registrar makes an order for registration of a Trade Union, he shall issue a certificate of registration to the applicant Trade Union, in such form as may be prescribed, which shall be the conclusive evidence that the Trade Union has been registered under this Code.
(3)If the Registrar has issued a certificate of registration to a Trade Union, he shall enter the name and other particulars of the Trade Union in a register maintained in this behalf in such form as may be prescribed.
(4)Every Trade Union registered under the Trade Unions Act, 1926 having valid registration immediately before the commencement of this Code shall be deemed to have been registered under this Code: Provided that such Trade Union shall file with the Registrar a statement that the constitution of the executive of the Trade Union is in accordance with this Code along with the rules of the Trade Union updated in accordance with section 7, and the Registrar shall amend his records accordingly.
(5)The certificate of registration of a Trade Union may be withdrawn or cancelled by the Registrar,---
1. (i)on the application of the Trade Union verified in such manner as may be prescribed; or
2. (ii)on the information received by him regarding the contravention by the Trade Union of the provisions of this Code or the rules made thereunder or its constitution or rules; or
3. (iii)if he is satisfied that the members in a Trade Union falls below ten per cent. of total workers or one hundred workers, whichever is less: Provided that not less than sixty days previous notice in writing specifying the grounds on which it is proposed to cancel the certificate of registration of a Trade Union shall be given by the Registrar to the Trade Union before the certificate of registration is cancelled otherwise than on the application of the Trade Union.
(6)A certificate of registration of a Trade Union shall be cancelled by the Registrar where a Tribunal has made an order for cancellation of registration of such Trade Union.
(7)While cancelling the certificate of registration of a Trade Union, the Registrar shall record the reasons for doing so and communicate the same in writing to the Trade Union concerned.

Educational Study Layer

Summary

The Registrar will register the union and enter its details in a formal register if all legal requirements are met.
A certificate of registration is issued as conclusive evidence that the Trade Union is officially registered.
Unions previously registered under the old 1926 Act are considered registered under this new Code automatically.
To keep their registration, unions must ensure their rules are updated to match current legal standards.
Registration can be cancelled if the union requests it or if it violates the law or its own constitution.

Practical examples

1The Metro Workers Union receives a certificate from the Registrar on June 5. Two weeks later, an employer claims the union isn't real. The union shows the certificate in court, which ends the argument because the paper is conclusive proof.

2An old union, the Port Labor Union, was registered in 1995. When the 2020 Code starts, they don't need to apply again, but they do have to send a letter to the Registrar showing they updated their rules to follow the new Section 7 requirements.

FAQ

1. What is the proof that a union is registered under Section 9 of the Industrial Relations Code, 2020?

Under Section 9 of the Industrial Relations Code, 2020, the certificate of registration issued by the Registrar is the conclusive evidence that the Trade Union has been registered.

2. Does a union get a warning before cancellation under Section 9 of the Industrial Relations Code, 2020?

Yes, according to Section 9 of the Industrial Relations Code, 2020, the Registrar must give at least sixty days notice in writing before cancelling a registration, unless the union itself applied for the cancellation.

3. Do unions from the 1926 Act need to re-register under Section 9 of the Industrial Relations Code, 2020?

No, Section 9 of the Industrial Relations Code, 2020, states they are deemed to be registered, but they must file a statement that their executive and rules are updated to follow the new Code.

Practice Quiz

Q1.Under Section 9 of the Industrial Relations Code, 2020, what is the legal status of the registration certificate?

Q2.What is the minimum notice period the Registrar must give before cancelling a registration under Section 9 of the Industrial Relations Code, 2020?

Q3.Under Section 9 of the Industrial Relations Code, 2020, a union's registration is at risk if membership falls below which threshold?

Q4.To satisfy Section 9 and Section 7 of the Industrial Relations Code, 2020, what must a union from the old 1926 Act file?

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