Section 9 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 9 of the Industrial Relations Code, 2020 has two halves. The first tells the Registrar how to register a Trade Union and what the certificate proves. The second, sub-sections (5) to (7), lets the Registrar withdraw or cancel registration on stated grounds, but only after at least sixty days' written notice except where the union itself applies or a Tribunal orders.
The Registrar registers a union once satisfied it has complied with the Chapter, and issues a certificate of registration that is conclusive evidence of registration (s.9(1) and (2)). A union registered under the Trade Unions Act, 1926 with valid registration immediately before commencement is deemed registered under the Code, but must file a statement and updated rules (s.9(4)). The Registrar may cancel on the union's application, on contravention, or if membership falls below ten per cent. or 100 workers, whichever is less, after not less than sixty days' written notice with grounds (s.9(5)), and must record reasons (s.9(7)).
Registration (s.9(1) to (3))
| Sub-section | What it says |
|---|---|
| 9(1) | On being satisfied that the Trade Union has complied with all the requirements of the Chapter regarding registration, the Registrar registers it by entering in a register, maintained in the prescribed form, the particulars in the statement accompanying the application |
| 9(2) | The Registrar issues a certificate of registration in the prescribed form, which is conclusive evidence that the union has been registered under the Code |
| 9(3) | The Registrar enters the name and other particulars of the union in a register maintained in this behalf in the prescribed form |
"Conclusive evidence" means that, once issued, the certificate settles the fact of registration. Anyone asking whether a union is registered, such as an employer deciding on recognition under section 14, can rely on it, unless the registration is later cancelled under the provisions below.
The Registrar's duty to register arises when he is satisfied that all requirements are met, including the membership test and rules covered in section 6 and section 7 and the documents in section 8.
Unions registered under the 1926 Act (s.9(4))
Every Trade Union registered under the Trade Unions Act, 1926 having valid registration immediately before the commencement of this Code is deemed to have been registered under this Code. The proviso requires it to file with the Registrar a statement that the constitution of its executive is in accordance with the Code, along with its rules updated in accordance with section 7, and the Registrar then amends his records accordingly.
So such a union does not have to re-register from scratch. It needs to make the filing and keep it on file. The Code does not give a deadline in this sub-section. The commencement point is tied to each provision; see commencement and repeal. Because the Code is in force from 21 November 2025 at Code level, unions in this position should file without waiting, and check their State Registrar for any instruction on timing.
Withdrawal and cancellation (s.9(5) to (7))
Three grounds (s.9(5))
The Registrar may withdraw or cancel the certificate:
- On the application of the Trade Union, verified in the prescribed manner;
- On information received about a contravention by the union of the Code or the rules made under it, or of its own constitution or rules; or
- If he is satisfied that the members fall below ten per cent. of total workers or one hundred workers, whichever is less.
Proviso: sixty days' notice. Except where the union itself applied, not less than sixty days' previous written notice specifying the grounds must be given to the union before the certificate is cancelled. The union has that window to cure the defect or respond.
Tribunal order (s.9(6))
The certificate shall be cancelled by the Registrar where a Tribunal has made an order for cancellation of the union's registration. Here the Registrar acts on the Tribunal's order; there is no discretion.
Reasons (s.9(7))
While cancelling, the Registrar must record the reasons and communicate them in writing to the union concerned.
| Route to cancellation | Notice needed | Source |
|---|---|---|
| Union's own application | No 60-day notice required | s.9(5)(i) and proviso |
| Contravention of Code, rules or constitution | Not less than 60 days' written notice with grounds | s.9(5)(ii) |
| Membership below ten per cent. or 100 workers | Not less than 60 days' written notice with grounds | s.9(5)(iii) |
| Tribunal order | Registrar cancels on the order | s.9(6) |
If a notice has reached you, get advice early through our legal consultation service.
The link to membership reporting
Section 11(2) requires a union to inform the Registrar if its members fall below ten per cent. of total workers or one hundred workers, whichever is less. That duty sits beside the cancellation ground in s.9(5)(iii). A union that reports the fall promptly and cures it within the notice window is in a better position than one the Registrar finds out about.
What happens after a refusal or cancellation
A person aggrieved by refusal to register under s.9 or by cancellation under s.9(5) may appeal to the Tribunal under section 10 within the prescribed period. The Tribunal may dismiss the appeal or direct registration or set aside the cancellation. See our article on the appeal. Note that cancellation under s.9(6) follows a Tribunal's own order, so the appeal route in s.10(1) covers refusal and s.9(5) cancellation, not s.9(6).
What the text does not say
- It does not state what happens to the union's funds or contracts on cancellation, beyond the general provisions on dissolution.
- It does not set a deadline for the s.9(4) filing.
- It does not say that the Registrar must act on every piece of "information received"; it says he "may" cancel.
Example. A registered union at a plant had 120 members. After a retrenchment exercise its membership falls to 60 while the workforce is 1,500 (100 being the lower test). The Registrar, satisfied that membership is below the test, sends notice giving the ground and sixty days. If the union recruits back to at least 100 members within the window and proves it, the ground no longer exists. If not, the Registrar can cancel and record his reasons.
Need help with a Registrar's notice or a deemed registration filing?
A sixty-day notice is short once you count the time to collect membership proof. Our legal consultation team can help you reply to a notice or prepare an appeal to the Tribunal. Keep the certificate, the notice and the membership register ready.
Key takeaways
- The Registrar registers when satisfied all Chapter III requirements are met; the certificate is conclusive evidence.
- 1926 Act unions with valid registration before commencement are deemed registered, but must file an executive statement and updated rules.
- Cancellation needs not less than sixty days' written notice with grounds, except on the union's own application or a Tribunal order.
- The ten per cent. or 100 worker test applies after registration as well.
- Refusal and s.9(5) cancellation are appealable to the Tribunal under s.10.
Read next
- Section 8: application for registration
- Sections 10 and 11: appeal and communications
- Sections 12 and 13: incorporation of a registered Trade Union
- 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.