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Industrial Relations Code, 2020 · CHAPTER III — TRADE UNIONS

Section 21: Disqualification of office-bearers of Trade Unions

Reviewed by Finin2min Editorial Desk · Last reviewed 30 August 2026

Section 21 — Governs disqualification of office-bearers of trade unions and the rights, duties, powers or procedure expressly stated in this section. Key operative text: (1) A person shall be disqualified for being chosen as, and for being, a member of the executive or any other office-bearer of a registered Trade Union, if— (i) he has not attained the age of eighteen years;

Full official textSource checked: 20 August 20260 direct Central Rule link(s)

Current-law status

All provisions were brought into force from 21 November 2025 under S.O. 5320(E); use the current India Code consolidation because the Code also reflects the 2026 amendment/transition framework.

Primary sources

Provision / India Code ↗ · Official Act PDF ↗ · 2026 Central Rules ↗

Finin2min analysis — what the section actually does

Operative clauses

(1) A person shall be disqualified for being chosen as, and for being, a member of the executive or any other office-bearer of a registered Trade Union, if— (i) he has not attained the age of eighteen years;
(iii) the Tribunal has directed that he shall be disqualified for being chosen or for being office- bearer of a Trade Union for a period specified therein.
(2) No member of the Council of Ministers or a person holding an office of profit (not being an engagement or employment in an establishment or industry with which the Trade Union is connected) in the Union or a State shall be a member of the executive or other office-bearer of a Trade Union.

Provisos, explanations & qualifications

No proviso/explanation was separately extracted from this section text.

Thresholds and timelines in the text

Disqualification of office-bearers of Trade Unions.—(1) A person shall be disqualified for being chosen as, and for being, a member of the executive or any other office-bearer of a registered Trade Union, if— (i) he has not attained the age of eighteen years;
(ii) he has been convicted by a court in India for any offence involving moral turpitude and sentenced to imprisonment unless a period of five years has elapsed since his release;

Actors expressly appearing in the text

Trade union, Tribunal

Full statutory text — Section 21

Official English text transcribed from the current India Code consolidation; page headers/line breaks are normalised for web reading. The Gazette/India Code PDF remains authoritative for typography, amendment footnotes and schedules.

21. Disqualification of office-bearers of Trade Unions.—(1) A person shall be disqualified for
being chosen as, and for being, a member of the executive or any other office-bearer of a registered
Trade Union, if—
          (i) he has not attained the age of eighteen years;
         (ii) he has been convicted by a court in India for any offence involving moral turpitude and
   sentenced to imprisonment unless a period of five years has elapsed since his release;
         (iii) the Tribunal has directed that he shall be disqualified for being chosen or for being office-
   bearer of a Trade Union for a period specified therein.

    (2) No member of the Council of Ministers or a person holding an office of profit (not being an
engagement or employment in an establishment or industry with which the Trade Union is connected)
in the Union or a State shall be a member of the executive or other office-bearer of a Trade Union.

How to apply this provision

Primary statutory test — (1) A person shall be disqualified for being chosen as, and for being, a member of the executive or any other office-bearer of a registered Trade Union, if— (i) he has not attained the age of eighteen years;
Additional operative limb — (iii) the Tribunal has directed that he shall be disqualified for being chosen or for being office- bearer of a Trade Union for a period specified therein.
Numerical or timing control — Disqualification of office-bearers of Trade Unions.—(1) A person shall be disqualified for being chosen as, and for being, a member of the executive or any other office-bearer of a registered Trade Union, if— (i) he has not attained the age of eighteen years;
Evidence file — retain facts and records proving the role/status of: Trade union, Tribunal.

Why this is section-specific: the operative-clause, exception, threshold and cross-reference panels above are extracted from Section 21 itself rather than a generic “trigger/control/evidence” template.

Rules, forms and cross-references

Direct 2026 Central Rule mapping

None expressly mapped in the current concordance.

Forms mapped

No prescribed form is directly mapped in the current concordance.

Other sections cited in this text

None expressly mapped in the current concordance.

Related Labour Hub resources

Model Standing Orders, 2026 Labour litigation

A direct concordance is not exhaustive. Central/State jurisdiction, schemes, authority appointments, saved instruments and later notifications may change the practical route without changing the section wording.

Worked example

Suppose an industrial establishment reaches a step governed by disqualification of office-bearers of trade unions. HR/IR should create a dated file showing coverage, the competent authority/union status, required notice or application, service proof and the result. One operative text point to test is: “Disqualification of office-bearers of Trade Unions.—(1) A person shall be disqualified for being chosen as, and for being, a member of the executive or any other office-bearer of a registered Trade Union, if— (i) he has not attained the age of eighteen years;”

Illustration only; it is not statutory text or a substitute for applying the actual facts, jurisdiction, current rule/scheme and official instrument.

Q&A — Section 21

What does Section 21 of the Industrial Relations Code cover?

What is the main legal requirement or power in Section 21?

The first operative clause identified from the official text is: “(1) A person shall be disqualified for being chosen as, and for being, a member of the executive or any other office-bearer of a registered Trade Union, if— (i) he has not attained the age of eighteen years;” Read it with the remaining subsections and any proviso below.

Does Section 21 contain a proviso or explanation?

No standalone proviso or explanation was extracted from this section text. Check the full text below for clause-level qualifications.

What time limit, percentage or amount appears in Section 21?

The provision contains this numerical/time expression: “Disqualification of office-bearers of Trade Unions.—(1) A person shall be disqualified for being chosen as, and for being, a member of the executive or any other office-bearer of a registered Trade Union, if— (i) he has not attained the age of eighteen years;” Apply it only in the clause and context in which it appears.

Which 2026 Central Rules are linked to Section 21?

No direct Central Rule is recorded in the current concordance. That does not exclude a relevant scheme, notification, State rule or enabling provision.

Is Section 21 currently operative?

All provisions were brought into force from 21 November 2025 under S.O. 5320(E); use the current India Code consolidation because the Code also reflects the 2026 amendment/transition framework.

Source & verification trail

Act: Industrial Relations Code, 2020 — official India Code PDF ↗

Central Rules: Industrial Relations (Central) Rules, 2026 — G.S.R. 342(E), 8 May 2026 ↗

Official library: Ministry of Labour & Employment — Labour Codes ↗

Source check: 20 August 2026. Individual professional interpretation should be re-reviewed when the section, rules, notification, scheme, State overlay or controlling judgment changes.

Reliance note: This page is an educational legal-reference layer. Verify the current official text, the applicable Central/State rules, notifications, schemes and judicial decisions before acting on a live matter.