Section 28
Section 28
(1)
Every alteration of the rules, or of the titles or names of the officers, of a registered trade union shall be registered with the Registrar and shall take effect from the date of registration unless some later date is specified in the rules.
(2)
The rules of a registered trade union shall not be altered so that they cease to contain provisions in respect of the several matters mentioned in the Schedule.
Penalty for misuse of money or property of registered trade union 29.
(1)
Where, on a complaint made by a member of a registered trade union, it is shown to the satisfaction of the Court of a Magistrate that any officer or member of that union has in his possession or control any property of the union except in accordance with the rules of the union, or has unlawfully expended or withheld any money of the union, the court shall, if it considers the justice of the case so requires, order such officer or member to deliver all such property to the members of the union and to pay to them the money so unlawfully expended or withheld.
(2)
A complaint made under subsection (1) shall not be entertained unless the court is satisfied that the complainant is, on the date of that complaint, a member of the registered trade union in respect of the property of which such complaint is so made.
(3)
Any person bound by an order made under subsection (1) who fails to comply with the terms thereof and the directions given therein within a time to be specified in such order is guilty of an offence and liable on conviction to a fine of $1,000.
(4)
An order under subsection (1) shall not affect or prevent a prosecution of, or civil proceedings against, any such officer or member.
Trade Unions
B.L.R.O. 3/2023 19
(5)
An injunction restraining any unauthorised or unlawful expenditure of the funds of a trade union may be granted on the application of five or more persons having a sufficient interest in the relief sought or of the Registrar, or of the Attorney General, and in granting any such injunction the court, in the case of the dissolution of any trade union upon the cancellation of its registration, may order that the funds of that trade union be paid over to the Court for disposal in accordance with the rules of that trade union.
Supplying false information regarding trade unions 30.
Any person who, with intent to deceive, gives to any member of a registered trade union or to any person intending or applying to become a member of such trade union any document purporting to be a copy of the rules of the trade union or of any alterations thereto which he knows, or has reason to believe, is not a correct copy of such rules or alterations as are for the time being in force, or any person who, with the like intent, gives a copy of any rules of an unregistered trade union to any person on the pretence that such rules are the rules of a registered trade union, is guilty of an offence and liable on conviction to a fine of $3,000 and imprisonment for 3 months.
Failure to submit returns 31.
If default is made on the part of any registered trade union in doing any act, in giving any notice, or in sending any statement, return or other document as required by this Act or by the regulations made thereunder, every officer or other person bound by the rules of the trade union or under the provisions of this Act or the regulations made thereunder to do such act, or to give such notice, or to send such statement, return or document, or, if there is no such officer or person, every member of the committee of management of that registered trade union is severally guilty of an offence and liable on conviction to a fine of $3,000.
Limitation of prosecutions 32.
No prosecution shall be instituted under this Act except by or with the consent of the Public Prosecutor.
Copies of Act to be posted as directed by Commissioner of Labour 33.
Copies of this Act shall be posted at such places and in such languages as the Commissioner of Labour may direct.
Trade Unions 20
Regulations 34.
The Minister may make regulations generally for carrying out the provisions of this Act and in particular but without prejudice to the generality of the foregoing power such regulations may provide for —
(a)
the books and registers to be kept for the purposes of this Act and the forms thereof;
(b)
the manner in which trade unions and the rules of the trade unions shall be registered and the fees payable on registration;
(c)
the manner in which, and the qualifications of persons by whom, the accounts of registered trade unions or of any class of such trade unions shall be audited;
(d)
the conditions subject to which inspection of documents kept by the Registrar shall be allowed and the fees which shall be chargeable in respect of such inspections;
(e)
the due disposal and safe custody of the funds and moneys of a trade union;
(f)
the creation, administration, protection, control and disposal of the benevolent funds of registered trade unions and all matters connected therewith or incidental thereto;
(g)
the returns to be made, and the accounts to be rendered, to the
Registrar by the officers of trade unions; and
(h)
anything required or permitted by this Act to be prescribed.
Trade Unions
B.L.R.O. 3/2023 21