Trade Unions in India are registered and file annual returns under the Trade Union Act (1926). Its statistics are collected annually by the Labour Bureau of the Ministry of Labour, Government of India. Chapter II of the Trade Unions Act, 1926 deals with the provisions of the registration of trade unions.
Section 3 of the Trade Union Act, 1926 empowers the appropriate Government to appoint a person to be registrar of Trade Unions. The appropriate Government be it State or Central, as the case may be is also empowered to appoint additional and Deputy Registrars as it thinks fit for the purpose of exercising and discharging the powers and duties of the Registrar. However, such person will work under the superintendence and direction of the Registrar. He may exercise such powers and functions of Registrar with a local limit as may be specified for this purpose.
Any seven or more persons who want to form a trade union, can apply for its registration to the Registration of Trade Unions under Section 4 (1) of the Trade Unions Act, 1926. These applicants must be members of a trade union.
In order to check the multiplicity of trade unions, one school of thought has proposed the number of persons forming a trade union for the purposes of registration be reasonably increased to 10 percent of employees of the unit, subject to a minimum of seven persons employed therein This is expected to strengthen the trade union movement. The application for registration must be sent to the Registrar of Trade Unions in Form “A” as required by the Trade Union Act, 1926 under Section 5.
According to section 5 of the Act, every application for the registration of the 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-
The names, occupations and addresses of the members making the application; The name of the trade union and the address of its head office, and The titles, names, ages, addresses and occupations of the office- bearers of the trade union. Where a trade union has been in existence for more than a year, then a copy of the assets and liabilities shall also be submitted along with the application for registration.
According to section 6 of the Act, a Trade Union shall not be entitled to registration under the Act unless the executive committee has been established in accordance with the provisions of the Act and the rules provide for the following-
Section 7 provides power to call for further particulars and to require alteration of name. —
According to section 8 of the Act, if the registrar thinks that the trade union has complied with all the provisions of the Act, it shall register the Trade Union by entering in a register all the particulars in accordance with the provisions of the Act.
According to section 9 of the Act, the registrar shall issue a certificate of registration to the trade union after registration under section 8 which shall be conclusive proof that a trade union has been duly registered.