Section 8 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 8 of the Industrial Relations Code, 2020 tells a Trade Union what to file with the Registrar, and what the Registrar can do about incomplete papers or a name too close to an existing union. Applications can be made electronically or otherwise. This article walks through the four sub-sections as a filing checklist.
Every application for registration goes to the Registrar, electronically or otherwise, with: an affidavit declaration; a copy of the rules and the resolution adopting them; a resolution authorising the applicants; and, for a federation or central organisation, resolutions of each member union. A union in existence for more than one year must also file a statement of assets and liabilities. The Registrar may call for further information and must refuse a name identical or deceptively close to an existing union's until it is changed.
What must accompany the application (s.8(1))
| Clause | Document |
|---|---|
| (a) | A declaration made by affidavit in such form and manner as may be prescribed |
| (b) | A copy of the rules of the Trade Union together with a copy of the resolution of the members adopting them |
| (c) | A copy of the resolution adopted by the members authorising the applicants to apply for registration |
| (d) | For a federation or central organisation of Trade Unions, a copy of the resolution of each member Trade Union, meeting separately, agreeing to constitute the federation or central organisation |
The Explanation says that, in the case of a federation or central organisation, "resolution adopted by the members of the Trade Union" means the resolution adopted by the members of each of the member Trade Unions, meeting separately. So a federation's application needs one resolution per member union, not one joint resolution.
The application is made "electronically or otherwise". The Code does not name a portal. Follow the State Registrar's instructions for the mode of filing.
A pre-filing check through our legal consultation service can catch gaps early.
Who sets the forms
The affidavit's "form and manner" is "as may be prescribed", and "prescribed" means prescribed by rules under the Code (s.2(zc)). Registration is handled by the State Government's Registrar (see sections 5 and 6), and the Industrial Relations (Central) Rules, 2026 (G.S.R. 342(E), 8 May 2026) do not carry a registration form. Check the State's rules for the affidavit format.
Unions in existence for more than a year (s.8(2))
Where a Trade Union has been in existence for more than one year before the application, it must deliver to the Registrar, with the application, a general statement of the assets and liabilities of the union, prepared in such form and containing such particulars as may be prescribed. A union formed within the year need not file the statement at the first application. The text does not say from what date the year is counted; the safe course is to count from the date the union was constituted and keep that date documented.
The Registrar's power to ask for more (s.8(3))
The Registrar may call for further information to satisfy himself that:
- the application complies with the Code, and
- the Trade Union is entitled to registration under the Code,
and may refuse to register the Trade Union until the information is furnished. So silence or delay on a query can stall the application. Respond in writing, and keep proof of dispatch.
The name rule (s.8(4))
If the proposed name is identical to that of an existing registered Trade Union, or in the Registrar's opinion so nearly resembles it that it is likely to deceive the public or the members of either Trade Union, the Registrar shall require the applicants to alter the name and shall refuse to register the union until the alteration is made. The sub-section uses "shall": for an identical or confusingly similar name the Registrar has no discretion to register.
| Situation | Outcome |
|---|---|
| Name identical to an existing registered union | Registrar requires alteration; registration refused until changed |
| Name nearly resembles an existing union and is likely to deceive | Same, if the Registrar is of that opinion |
| Name distinct | No objection on this ground |
The section's heading also refers to alteration of name and its procedure; the detail of a later change of name and amalgamation is in s.24, covered in our article on changes and dissolution.
Before you file: a practical sequence
- Check the membership test. Seven or more applicants and ten per cent. or 100 workers, whichever is less, for a union of workers (s.6).
- Finalise the rules against s.7. The twelve matters in section 7 must all be there.
- Hold the meetings. Adopt the rules by resolution, and pass a resolution authorising named applicants. For a federation, each member union meets separately.
- Prepare the affidavit and, if the union is over a year old, the asset and liability statement.
- Search the name. Ask the Registrar's office for the list of registered names, where it is available, and avoid near matches.
- File and track. Keep the receipt; answer queries under s.8(3) promptly.
What happens after filing
If the Registrar is satisfied that the union has complied with the requirements of the Chapter, he registers it by entering the particulars in the prescribed register and issues a certificate of registration, which is conclusive evidence of registration (s.9). See section 9 on registration and cancellation. A refusal can be appealed to the Tribunal under s.10; see appeal against refusal.
Example. Two workers' unions at a plant decide to form a federation. Each holds its own members' meeting and passes a resolution agreeing to constitute the federation. The federation's application attaches both resolutions, a copy of the federation rules with the resolution adopting them, and the authority resolution naming the applicants. If one member union's resolution is missing, the application is incomplete under clause (d) and the Registrar may refuse to register until it is supplied.
Need help preparing a registration application?
An incomplete or badly worded application costs weeks. Our legal consultation team can review your resolutions, affidavit and rules before filing, and help respond to a Registrar's query. Bring the draft rules, meeting minutes and the member list.
Key takeaways
- File with the Registrar, electronically or otherwise: affidavit, rules with adopting resolution, authorising resolution, and for federations a resolution from each member union.
- Unions older than one year must add a statement of assets and liabilities.
- The Registrar may seek more information and may refuse to register until it is supplied.
- An identical or deceptively similar name must be changed before registration.
- The affidavit form and other details come from the prescribed rules, which for registration are the State's.
Read next
- Sections 5 and 6: Registrar and criteria for registration
- Section 7: provisions to be contained in the rules
- Section 9: registration and cancellation
- Industrial disputes under the new labour codes
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.