Section 23: Proportion of office-bearers to be connected with industry
Reviewed by Finin2min Editorial Desk · Last reviewed 30 August 2026
Section 23 — Governs proportion of office-bearers to be connected with industry and the rights, duties, powers or procedure expressly stated in this section. Key operative text: (1) Not less than one-half of the total number of the office-bearers of every registered Trade Union in an unorganised sector shall be persons actually engaged or employed in an establishment or industry with which the Trade…
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.
Provision / India Code ↗ · Official Act PDF ↗ · 2026 Central Rules ↗
Finin2min analysis — what the section actually does
Operative clauses
- (1) Not less than one-half of the total number of the office-bearers of every registered Trade Union in an unorganised sector shall be persons actually engaged or employed in an establishment or industry with which the Trade Union is connected:
- Provided that the appropriate Government may, by special or general order, declare that the provisions of this section shall not apply to any Trade Union or class of Trade Unions specified in the order.
- (2) Save as otherwise provided in sub-section (1), all office-bearers of a registered Trade Union, except not more than one-third of the total number of the office-bearers or five, whichever is less, shall be persons actually engaged or employed in the establishment or industry with which the Trade Union is connected.
- Explanation.—For the purposes of this sub-section, an employee who has retired or has been retrenched shall not be construed as outsider for the purpose of holding an office in a Trade Union.
Provisos, explanations & qualifications
- Provided that the appropriate Government may, by special or general order, declare that the provisions of this section shall not apply to any Trade Union or class of Trade Unions specified in the order.
- Explanation.—For the purposes of this sub-section, “unorganised sector” means any sector which the appropriate Government may, by notification, specify.
- Explanation.—For the purposes of this sub-section, an employee who has retired or has been retrenched shall not be construed as outsider for the purpose of holding an office in a Trade Union.
Thresholds and timelines in the text
- No explicit day/month/year/hour/percentage/rupee expression was detected in this section text.
Actors expressly appearing in the text
Employee / worker, Appropriate Government, Trade union
Full statutory text — Section 23
23. Proportion of office-bearers to be connected with industry.—(1) Not less than one-half of
the total number of the office-bearers of every registered Trade Union in an unorganised sector shall be
persons actually engaged or employed in an establishment or industry with which the Trade Union is
connected:
Provided that the appropriate Government may, by special or general order, declare that the
provisions of this section shall not apply to any Trade Union or class of Trade Unions specified in the
order.
Explanation.—For the purposes of this sub-section, “unorganised sector” means any sector which
the appropriate Government may, by notification, specify.
(2) Save as otherwise provided in sub-section (1), all office-bearers of a registered Trade Union,
except not more than one-third of the total number of the office-bearers or five, whichever is less, shall
be persons actually engaged or employed in the establishment or industry with which the Trade Union
is connected.
Explanation.—For the purposes of this sub-section, an employee who has retired or has been
retrenched shall not be construed as outsider for the purpose of holding an office in a Trade Union.How to apply this provision
- Primary statutory test — (1) Not less than one-half of the total number of the office-bearers of every registered Trade Union in an unorganised sector shall be persons actually engaged or employed in an establishment or industry with which the Trade Union is connected:
- Additional operative limb — Provided that the appropriate Government may, by special or general order, declare that the provisions of this section shall not apply to any Trade Union or class of Trade Unions specified in the order.
- Qualification / exception to test — Provided that the appropriate Government may, by special or general order, declare that the provisions of this section shall not apply to any Trade Union or class of Trade Unions specified in the order.
- Evidence file — retain facts and records proving the role/status of: Employee / worker, Appropriate Government, Trade union.
Rules, forms and cross-references
Direct 2026 Central Rule mapping
Forms mapped
No prescribed form is directly mapped in the current concordance.
Other sections cited in this text
Related Labour Hub resources
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 proportion of office-bearers to be connected with industry. 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: “(1) Not less than one-half of the total number of the office-bearers of every registered Trade Union in an unorganised sector shall be persons actually engaged or employed in an establishment or industry with which the Trade Union is connected:” Also test the express qualification/proviso before concluding the result.
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 23
What does Section 23 of the Industrial Relations Code cover?
Section 23 — Governs proportion of office-bearers to be connected with industry and the rights, duties, powers or procedure expressly stated in this section. Key operative text: (1) Not less than one-half of the total number of the office-bearers of every registered Trade Union in an unorganised sector shall be persons actually engaged or employed in an establishment or industry with which the Trade…
What is the main legal requirement or power in Section 23?
The first operative clause identified from the official text is: “(1) Not less than one-half of the total number of the office-bearers of every registered Trade Union in an unorganised sector shall be persons actually engaged or employed in an establishment or industry with which the Trade Union is connected:” Read it with the remaining subsections and any proviso below.
Does Section 23 contain a proviso or explanation?
Yes. A qualification extracted from the official text is: “Provided that the appropriate Government may, by special or general order, declare that the provisions of this section shall not apply to any Trade Union or class of Trade Unions specified in the order.”
What time limit, percentage or amount appears in Section 23?
No explicit day/month/year/hour/percentage/rupee expression was detected in the official section text.
Which 2026 Central Rules are linked to Section 23?
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 23 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.