Sections 5 and 6 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 5 of the Industrial Relations Code, 2020 provides for the State Government to appoint a Registrar of Trade Unions and deputies. Section 6 sets the entry test for registration: seven applicants and, for a union of workers, membership of at least ten per cent of the workers or 100 workers, whichever is less. Both sections sit at the start of Chapter III (Trade Unions).
The State Government appoints the Registrar of Trade Unions, and may appoint Additional, Joint and Deputy Registrars (s.5). Any seven or more members of a Trade Union may apply for registration (s.6(1)). A Trade Union of workers cannot be registered unless, on the date of application, at least ten per cent. of the workers or one hundred workers, whichever is less, in the establishment or industry it is connected with are its members (s.6(2)). That level must be maintained, subject to a minimum of seven (s.6(4)).
Section 5: the Registrar
Who is appointed and by whom
The State Government, by notification, appoints a person to be the Registrar of Trade Unions, and other persons as Additional Registrar, Joint Registrar and Deputy Registrar of Trade Unions. They exercise the powers and perform the duties of the Registrar that the State Government specifies by notification from time to time (s.5(1)).
Who is the Registrar for a given union
Subject to any State Government order, where an Additional, Joint or Deputy Registrar exercises the powers and performs the duties of the Registrar in an area within which the registered office of a Trade Union is situated, that officer is deemed to be the Registrar in relation to that Trade Union for the purposes of the Code (s.5(2)). So the relevant Registrar is fixed by the location of the union's registered office. This links to the definition of "registered office" in s.2(ze) and "Registrar" in s.2(zg). See the Trade Union definitions.
For a first check of your union's position, use our legal consultation service.
Why this is a State function
Registration is administered by State authorities even where the union's members work in a Central-sphere establishment. The Industrial Relations (Central) Rules, 2026 (G.S.R. 342(E), 8 May 2026) do not set the registration procedure. The text we work from does not say how the State's procedure is laid out, so to apply for registration, check your State's industrial relations rules and the Registrar's office.
Section 6: the criteria for registration
The four sub-sections
| Sub-section | Rule |
|---|---|
| 6(1) | Any seven or more members of a Trade Union may apply for registration, by subscribing their names to the rules of the Trade Union and otherwise complying with the Code's provisions on registration |
| 6(2) | No Trade Union of workers shall be registered unless at least ten per cent. of the workers or one hundred workers, whichever is less, engaged or employed in the industrial establishment or industry with which it is connected are members on the date of making the application |
| 6(3) | An application does not become invalid merely because, after the date of application but before registration, some applicants (not exceeding half of the total applicants) cease to be members or give written notice to the Registrar dissociating themselves |
| 6(4) | A registered Trade Union of workers must at all times continue to have not less than ten per cent. of the workers or one hundred workers, whichever is less, subject to a minimum of seven, as members |
How the ten per cent or 100 test works
The test is the lower of two numbers: ten per cent. of the workers, or one hundred workers. The table shows how that works for different workforce sizes. The figures are illustrations of the rule, not categories in the Code.
| Workers engaged in the establishment or industry | Ten per cent. | Lower of ten per cent. and 100 | Also subject to the floor of seven (s.6(4)) |
|---|---|---|---|
| 50 | 5 | 5 | Seven members needed (floor) |
| 300 | 30 | 30 | 30 |
| 1,000 | 100 | 100 | 100 |
| 5,000 | 500 | 100 | 100 |
Three points follow from the text:
- The larger the workforce, the test stops growing at one hundred members.
- The percentage is measured against the workers "engaged or employed in the industrial establishment or industry with which it is connected", so the denominator depends on whether the union is an establishment-level union or an industry-level one. The Code does not define the boundary further.
- The floor of seven appears expressly in s.6(4) for continuing membership. For the entry test, s.6(1) separately requires seven or more applicants. Read together, a union with fewer than seven members does not meet either test.
Workers here has the wider Chapter III meaning: "all persons employed in trade or industry", including unorganised workers as defined in the Unorganised Workers' Social Security Act, 2008. See the definition of worker.
Applicants who drop out (s.6(3))
If some applicants leave between the application and the registration, the application survives as long as those who leave do not exceed half of the total number of applicants. The text says nothing about a larger exit; the safe reading is that an exit of more than half risks invalidity, so keep your applicant list stable until registration.
What comes next
Meeting s.6 does not end the process. The rules of the union must contain the matters listed in section 7, the application must carry the documents in section 8, and the Registrar decides under s.9. Falling below the ten per cent. or 100 worker level later can lead to cancellation of registration under s.9(5)(iii), after at least sixty days' notice, and the union must inform the Registrar of the fall under s.11(2).
Example. A union of a 400-worker factory has 25 members and wants to register. Ten per cent. of 400 is 40, which is lower than 100, so the test is 40 members on the date of application. The union fails the s.6(2) test with 25 and cannot be registered until it reaches 40 members. If instead the factory had 2,000 workers, the test would be 100 members because 100 is lower than ten per cent. (200).
Need help with registering or restructuring a union?
Whether you are an office-bearer preparing an application or an employer checking a union's standing, membership counts and the registered office decide the route. Our legal consultation team can help you review the membership test and the State procedure. Bring the membership list and the draft rules.
Key takeaways
- The State Government appoints the Registrar and deputies; the Registrar for a union depends on the area of its registered office.
- Seven or more members can apply for registration.
- A union of workers needs ten per cent. of the workers or one hundred workers, whichever is less, on the date of application.
- That membership level must be maintained, subject to a minimum of seven.
- Applicants may drop out up to half of their number without invalidating the application.
Read next
- Section 7: provisions to be contained in the rules of a Trade Union
- Section 8: application for registration
- Section 9: registration and cancellation
- 4 New Labour Codes 2020: complete guide
Disclaimer: Based on the Industrial Relations Code, 2020 (as enacted) and, where noted, the Industrial Relations (Central) Rules, 2026 (G.S.R. 342(E), 8 May 2026), as on 30 September 2026. The Code is in force from 21 November 2025; some provisions may be notified later, and State Governments make their own rules for establishments where the State is the appropriate Government. Verify the current position before acting.