Section 8 Industrial Relations Code, 2020: Application for registration, alteration of name and procedure thereof

Section 8 of Industrial Relations Code, 2020: Application for registration, alteration of name and procedure thereof

Official Bare Act Text

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(1) Every application for registration of a Trade Union shall be made to the Registrar electronically or otherwise and be accompanied by—

(a) a declaration to be made by an affidavit in such form and manner as may be prescribed;

(b) copy of the rules of the Trade Union together with a copy of the resolution by the members of the Trade Union adopting such rules;

(c) a copy of the resolution adopted by the members of the Trade Union authorising the applicants to make an application for registration; and

(d) in the case of a Trade Union, being a federation or a central organisation of Trade Unions, a copy of the resolution adopted by the members of each of the member Trade Unions, meeting separately, agreeing to constitute a federation or a central organisation of Trade Unions.

Explanation: For the purposes of this clause, resolution adopted by the members of the Trade Union means, in the case of a Trade Union, being a federation or a central organisation of Trade Unions, the resolution adopted by the members of each of the member Trade Unions, meeting separately.

(2) Where a Trade Union has been in existence for more than one year before the making of an application for its registration, there shall be delivered to the Registrar, together with the application, a general statement of the assets and liabilities of the Trade Union prepared in such form and containing such particulars, as may be prescribed.

(3) The Registrar may call for further information for the purpose of satisfying himself that the application complies with the provisions of this Code and the Trade Union is entitled for registration under this Code, and may refuse to register the Trade Union until such information is furnished.

(4) If the name under which the Trade Union is proposed to be registered is identical with that of an existing registered Trade Union or in the opinion of the Registrar so nearly resembles the name of an existing Trade Union that such name is likely to deceive the public or the members of either Trade Union, the Registrar shall require the persons applying for altering the name of the Trade Union and shall refuse to register the Trade Union until such alteration has been made.

Legal Commentary & Landmark Judgments: Section 8

Section 8 of the Industrial Relations Code, 2020 prescribes the mandatory provisions that must be embodied in the constitution and rules of every Trade Union, establishing structural governance, financial transparency, member rights, and a statutory ceiling of 3 years on executive tenure as non-negotiable prerequisites for registration.

Compulsory Constitutional Architecture & Democratic Objects: Section 8 mandates that a Trade Union shall not be registered unless its executive is constituted in accordance with the Code and its rules explicitly provide for: the name, objects for which the union is established, lawful purposes for general fund expenditure, maintenance of a list of members, and admission criteria for ordinary and honorary members.
Subscription Benchmarks & Safe Custody of Funds: The rules must provide for the payment of a minimum monthly membership subscription as may be prescribed, the safe custody of funds, an annual audit of accounts by certified auditors, and adequate facilities for the inspection of account books and membership registers by office-bearers and members.
Executive Tenure Ceiling & Dissolution Procedures: Section 8(j) introduces a critical statutory mandate capping the duration of the executive and office-bearers to a term not exceeding three years; the rules must also provide clear procedures for the appointment and removal of office-bearers, alteration of rules, and the orderly dissolution of the Trade Union.

Key Landmark Precedents:

MTNL v. MTNL Staff Union (2004) 112 DLT 424: The Delhi High Court held that the constitution and registered rules of a Trade Union constitute a solemn contract between the union and its members; any resolution, election, or executive action taken in violation of the registered rules is ultra vires and legally void.
Bokaro Steel Workers Union v. State of Bihar 1995 Supp (1) SCC 20: The Supreme Court held that the election and tenure of office-bearers must strictly adhere to the registered constitution mandated by statute; office-bearers cannot perpetuate their tenure beyond the registered period without fresh democratic elections.
Indian National Electricity Workers Federation v. Chandreshwar Prasad Singh (1980) 1 SCC 517: Affirmed that compliance with mandatory statutory provisions governing trade union rules is essential for maintaining corporate status and exercising collective representation under industrial law.

Courtroom Practice & Strategic Litigation Guidance:

Drafting counsel for Trade Unions must cross-check the draft constitution against every clause of Section 8. Crucially, verify that the executive tenure clause strictly specifies a period of three years or less, as any rule stipulating four or five-year terms will result in immediate rejection by the Registrar. Unions must also incorporate express provisions detailing the procedure for annual audits and member inspection to prevent cancellation proceedings under Section 10.

Section 8: Application for registration, alteration of name and procedure thereof

Section 8 of Industrial Relations Code, 2020: Application for registration, alteration of name and procedure thereof

Legal Commentary & Landmark Judgments: Section 8