Labour Code Advisor

CHAPTER II - REGISTRATION OF TRADE UNIONS

Section 4. Mode of registration.

5[(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.

6[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.]

7[(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 applications.]

View Act Footnotes

Note: In the legacy archives, footnotes are grouped by original PDF page numbers rather than by section.

Page 3

  • 1. This Act has been extended to Goa, Daman and Diu by Reg. 12 of 1962; to Pondicherry by Reg. 7 of 1963 (w.e.f. 1-101963)and to Lakshadweep by Reg. 8 of 1965, s. 3 and Sch.The Act has been amended in its application to Maharashtra by Maharashtra Act 3 of 1968 and to Madhya Pradesh by MadhyaPradesh Acts 28 of 1960 and 16 of 1968.
  • 2. The words “in the Provinces of India” omitted by Act 42 of 1960, s. 2.
  • 3. The word “Indian” omitted by Act 38 of 1964, s. 3 (w.e.f. 1-4-1965).
  • 4. Subs. by the A.O. 1950, for sub-section (2).
  • 5.The words “except the State of Jammu and Kashmir” omitted by Act 51 of 1970, s. 2 and the Sch.(w.e.f. 1-9-1971).
  • 6. 1st June, 1927, sec Gazette of India, 1927, Pt. I, p. 467.
  • 7. Ins. by the A.O. 1937.
  • 8. Subs. by Act 38 of 1964, s. 2, for “officer” (w.e.f. 1-4-1965).
  • 9. Subs. by Act 42 of 1960, s. 3, for cl. (f).

Page 4

  • 1. Section 3 renumbered as sub-section (1) thereof by Act 42 of 1960, s. 4.
  • 2. Subs. by the A.O. 1937, for “Each L.G.”.
  • 3. Subs., ibid., for “the Province”.
  • 4. Ins. by Act 42 of 1960, s. 4.
  • 5. Section 4 renumbered as sub-section (1) thereof by s. 5, ibid.
  • 6. The Provisos ins. by Act 31 of 2001, s. 2 (w.e.f. 9-1-2002).
  • 7. Ins. by Act 42 of 1960, s. 5.

Page 5

  • 1. Ins. by Act 31 of 2001, s. 3 (w.e.f. 9-1-2002).
  • 2. Subs. by Act 38 of 1964, s. 2, for “officers” (w.e.f. 1-4-1965).
  • 3. Subs. by Act 31 of 2001, s. 4 (w.e.f. 9 -1-2002).

Page 6

  • 1.Subs. by Act 38 of 1964, s. 2, for “officers” (w.e.f. 1-4-1965).
  • 2. Subs. by Act 31 of 2001, s. 4, for “appointed” (w.e.f. 9-1-2002).
  • 3. Ins. by s. 4, ibid., (w.e.f. 9-1-2002).
  • 4. Ins. by s. 5, ibid., (w.e.f. 9-1-2002).
  • 5. Ins. by s. 6, ibid., (w.e.f. 9-1-2002).

Page 7

  • 1. Subs. by Act 15 of 1928, s. 2, for section 11.
  • 2. The words “or of Rangoon” omitted by the A.O. 1937.
  • 3. Ins. by Act 31 of 2001, s. 7 (w.e.f. 9-1-2002).
  • 4. Subs., ibid., for “L.G.”.
  • 5. Clauses (c) and (d) rep. by Act 25 of 1942, s. 2 and the First Schedule.
  • 6. Subs. by Act 42 of 1960, s. 7, for clause ( e).

Page 8

  • 1. Subs. by Act 38 of 1964, s. 2, for “officers” (w.e.f. 1-4-1965).
  • 2. Subs. by the A.O. 1937, for “G.G in C.”.

Page 9

  • 1. The words “the Government of India Act” have been successively amended by the A.O. 1937, the A.O. 1950 and Act 42 of1960 to read as above.
  • 2. Ins. by Act 51 of 1970, s. 2 and the Schedule (w.e.f. 1 -9-1971).
  • 3. Subs. by Act 38 of 1964, s. 2, for “officer” (w.e.f. 1-4-1965).

Page 10

  • 1. Subs. by Act 38 of 1964, s. 2, for “officer” (w.e.f. 1-4-1965).
  • 2. The proviso omitted by s. 4, ibid. (w.e.f. 1-4-1965).
  • 3. Ins. by s. 5, ibid. (w.e.f. 1-4-1965).
  • 4. Ins. by Act 51 of 1970, s. 2 and the Schedule (w.e.f. 1-9-1971).
  • 5. Subs. by Act 31 of 2001, s. 8, for section 22 (w.e.f. 9-1-2002).

Page 11

  • 1. Subs. by Act 38 of 1964, s. 6, for “March” (w.e.f. 1-4-1965).

Page 12

  • 1. Subs. by Act 38 of 1964, s. 6, for “March” (w.e.f. 1-4-1965).
  • 2. Subs. by s. 2, ibid., for “officers” (w.e.f. 1-4-1965).
  • 3. Ins. by Act 42 of 1960, s. 9.
  • 4. The words “Subject to the control of the G.G. in C. ” omitted by the A.O. 1937.
  • 5. Subs. ibid., for “L.G.”.
  • 6. Ins. by Act 31 of 2001, s. 9 (w.e.f. 9-1-2002).

Page 13

  • 1. Subs. by Act 38 of 1964, s. 2, for “officer” (w.e.f. 1-4-1965).