Second Schedule., The Trade Unions Ordinance

CHAPTER 221. TRADE UNIONS. 21 or 1939. An Ordinance Relating to Trade Unions. 8 of 1944. 18 of 1944. (1ST JANUARY, 1940.] 1. Short title. This Ordinance may be cited as the Trade Unions Ordinance, and shall apply to the Colony and Protectorate. Interpreta- 2. In this Ordinancetion. " trade union " means any combination whether temporary or permanent, the principal purposes of which are under its constitution the regulation of the relations between workmen and masters, or between workmen and workmen, or between masters and masters whether such combination would or would not, if this Ordinance had not been enacted have been deemed to have been an unlawful combination by reason of some one or more of its purposes being restraint of trade: Provided that nothing in this Ordinance (a) shall affect- (i) any agreement between partners as to their own business or any trading agreement between employers; (ii) any agreement between an employer and those employed by him as to such employment; (iii) any agreement in consideration of the sale of the goodwill of a business or of instruction in any profession, trade or handicraft; (b) shall preclude any trade union from providing benefits for its members; " registered " means registered under this Ordinance; "Registrar" means the Registrar of Trade Unions. 3. The purposes of any trade union shall not, by reason merely that they are in restraint of trade, be deemed to be unlawful so as to render any member of such trade union liable to criminal prosecution for conspiracy or otherwise. Trade union not criminal. 4. The purposes of any trade union shall not, by reason ~~~~nr!~~~ merely that they are in restraint of trade, be unlawful so as to for civil render void or voidable any agreement or trust. purposes. 5. Nothing in this Ordinance shall enable any court to W~en trade entertain any legal proceeding instituted with the object of ~~~~ ~~~ directly enforcing or recovering damages for the breach of any enforceable. of the following agreements- ( I} Any agreement between members of a registered trade union as such, concerning the conditions on which any members for the time being of such registered trade union shall or shall not sell their goods, transact business, employ, or be employed. (2) Any agreement for the payment by any person of any subscription or penalty to a registered trade union. (3) Any agreement for the application of the funds of a registered trade union- (a) to provide benefits to members; or (b) to furnish contributions to any employer or workman not a member of such registered trade union, in consideration of such employer or workman acting in conformity with the rules or resolutions of such registered trade union; or (c) to discharge any fine imposed upon any person by a court of justice. (4) Any agreement made between one registered trade union and another. (5) Any bond to secure the performance of any of the above-mentioned agreements. But nothing in this section shall be deemed to constitute any of the above-mentioned agreements unlawful. Certain Ordinances not to apply to trade unions. Caps. 249, 254 and 253. Registrar of trade unions. Registration of trade un:ions. Compulsory registration and dissolution. 6. The Companies Ordinance, the Friendly Societies Ordinance, and the Cooperative Societies Ordinance shall not apply to any trade union and the registration of a trade union under any of these Ordinances shall be void. REGISTRATION OF TRADE UNIONS. 7. The Governor may appoint such person as he may think fit to be the Registrar of trade unions. 8. Any five or more members of a trade union may by subscribing their names to the rules of the union, and otherwise complying with the provisions of this Ordinance with respect to registration, register such trade union under this Ordinance: Provided that if any one of the purposes of such trade union be unlawful such registration shall be void. 9. {1) Every trade union shall apply for registration in accordance with the provisions of this Ordinance within two months of its formation and shall be dissolved within three mouths of the date- (a) of a notification by the Registrar that he has refused to register the trade union and no appeal is taken from such refusal; or (b) of a decision of the Governor under section 14 of this Ordinance where the Governor has ordered that the trade union be not registered; or (c) of a decision of the Governor under the provisions of section 12 where such decision confirms the refusal to register or confirms that a trade union should be struck off the register. (2) Every trade union required to be dissolved under the provisions of sub-section (1) which is not so dissolved and every officer thereof and every trade union which fails to apply for registration within two months of its formation and every officer and member thereof shall be liable on summary conviction to a fine of five pounds for every day it remains undissolved or for every day in excess of two months of its formation until the trade union applies for registration. Trade Unions [Cap. 221 2307 10. {1) No trade union or any member thereof shall perform Trade unions . f h f h I! hi h . h b prohibited any act m urt erance o t e purposes 10r w c 1t as een from carrying formed unless such trade union has first been registered. on business unless An d . ffi b h f h registered. {2) y tra e uruon or any o cer or mem er t ereo w o contravenes the provisions of this section shall be guilty of an offence against this Ordinance. 11. The following provisions shall apply with respect to the Me!ht\?r registration of trade unions and of the rules thereof- regis ra Ion. {l) An application to register the trade union and its rules shall be sent to the Registrar with two copies of the rules and a list of the titles and names of the officers of the trade union. (2) The Registrar upon receipt of the application shall cause a notice of the same to be published in the Gazette. (3) Upon the expiration of six months from the date of publication of the Gazette notice the Registrar shall consider any objections which have been brought to his notice. (4) The Registrar on being satisfied that no proper objection has been raised and that the trade union has complied with the regulations respecting registry in force under this Ordinance and that the provisions of the rules submitted have been carried out so far as may be, shall, subject to the provisions of sections 12 and 13, register such trade union and rules. (5) No trade union shall be registered under a name identical with that under which any other existing trade union has been registered or so nearly resembling such name as to be likely to deceive the members or the public. (6) The Registrar upon registering a trade union shall issue a certificate of registration, which certificate, unless proved to have been withdrawn or cancelled, shall be conclusive evidence that requirements of this Ordinance with respect to registry have been complied with. 12. (1) Except with the consent of the Governor, the Misleading Registrar shall not register any trade union which- names. (a) contains the words" Imperial"," Empire"," British", "National", "Government", "Chamber of Commerce", "Building Society" or "Co-operative"; or Registration of trade unions. (b) contains any words which in the opunon of the Registrar suggests, or is calculated to suggest, connection with any society Incorporated by Royal Charter; or (c) contains any words which, in the opi_nion of the Registrar, are deceptive or objectionable in that they contain a reference direct or otherwise to any personage, practice or institution, or is otherwise unsuitable as a name for a trade umon. (2) Where a trade union is already registered and its name contains words which are prohibited by sub-section (1) the Registrar shall call upon such union to change its name within a period of two months and in the event of such union failing to change its name to the satisfaction of the Registrar it shall be struck off the register. (3) Any person aggrieved by a decision of the Registrar under sub-section (l) or sub-section (2) may have the matter referred to the Governor whose decision shall be final. (4} Where the Governor on a reference as aforesaid decides that a certain name may be used by a specified trade union such name may be registered in respect of that union or may be retained by that union, as the case may be, notwithstanding the provisions of sub-section (l) or sub-section (2). 13. (l) If the applicants have complied with all the requirements of the Registrar under section ll the Registrar may, subject to the provisions of section 12 and to the proviso in this sub-section contained, register the trade union under this Ordinance: Provided that the Registrar shall not register a trade union unless he is satisfied that- (a) the applicants have been duly authorised to apply for registration; and (b) the purposes of the trade union are not unlawful; and (c) the provisions of section 8 of this Ordinance have been complied with: Provided further that the Registrar shall not register a trade union if he is satisfied that any other trade union already registered is sufficiently representative of the whole of the interests in respect of which the applicants seek registration: And provided further that if the Registrar thinks that there exist reasonable grounds for believing that a trade union already registered is sufficiently representative of the whole or of a substantial proportion of the interests on behalf of which the applicants seek registration, he shall, by notice in the Gazette or otherwise, inform any registered trade unions which appear to represent the same interests as the applicants of the receipt of their application, and shall invite any registered trade unions concerned to submit in writing or otherwise, within a period to be fixed by him, any objections they may wish to make against such registration. (2) Where the Registrar refuses to register a trade union, he shall forthwith inform the applicants in writing of the grounds of such refusal. 14. Any person aggrieved by any refusal of the Registrar to ~fa1!:! register a trade union may, within thirty days from the date of ref~sal to notification of such refusal, refer the matter to the Governor register. who, after making or causing to be made such enquiry as he may deem necessary, may order that the trade union be registered or he may order that the trade union be not registered. Any such order of the Governor shall be final and conclusive. CANCELLATION OF REGISTRATION. 15. (1) The Registrar may in the following cases cancel the Cancelling of certificate of registration of a trade union on proof to his satisfaction- registry. (a) that a certificate of registration has been obtained by fraud or mistake; or (b) that the registration of a trade union has become void under section 8; or (c) that a registered trade union has wilfully, and after notice given as provided in sub-section {2) of this section, violated any of the provisions of this Ordinance; or (d) that a registered trade union has ceased to exist. (2) (a) Not less than two months' previous notice in writing, specifying briefly the ground of any proposed cancellation of the certificate, shall be given by the Registrar to the trade union before such cancellation is effected. (b) In the case where a Registrar is of the opinion that a registered trade union has ceased to exist but has not been informed of that fact by an officer of the trade union, the notice shall be sent to the address which was given to which notices and other communications should be sent: in the case where the Registrar is informed by an officer of the trade union that Registered office of trade unions. Membership of minors. Nomination of person to whom sum not exceeding £50 may be paid at death. the trade union has ceased to exist or will cease to exist on a certain date it shall not be necessary for him to send any such notice to the trade union. (3) A trade union whose certificate of registration has been cancelled shall, from the time of such cancelling, absolutely cease to enjoy as such the privileges of a registered trade union but without prejudice to any liability actually incurred by such trade union which may be enforced against the same as if such cancelling had not taken place. (4) Where the Registrar has cancelled the registration of a trade union under this section an appeal shall lie against the decision of the Registrar to the Supreme Court whose decision shall be :fi...nal. GENERAL PROVISIONS. 16. (1) Every registered trade union shall have an office to which all communications and notices may be addressed. (2) Notice of the situation of such registered office and of any change therein shall be given to the Registrar and recorded by him: until such notice is given the trade union shall not be deemed to have complied with the provisions of this Ordinance. (3) If any registered trade union is in operation for seven days without having such an office such trade union and every officer thereof shall be liable to a fine not exceeding five pounds for every day during which it is in operation. 17. A person u...nder the age of twenty-one, but above the age of sixteen, may be a member of a trade union, unless provisions be made in the rules thereof to the contrary, and may, subject to the rules of the trade union, enjoy all the rights of a member except as hereinafter in this section provided, and execute all instruments and give all acquittances necessary to be executed or given under the rules but shall not be a member of the COJ?mittee of management, treasurer or other officer of the trade u.nwn. 18. A member of a registered trade union not being under the age of sixteen years may, by writing under his hand, delivered at or sent to, the registered office of the trade union, nominate any person not being an officer or servant of the trade union (unless such officer or servant is the husband, wife, father, mother, child, brothe-r, sister, nephew or niece of the nominator), to whom any moneys payable on the death of such member not exceeding fifty pounds shall be paid at his decease, and may from time to time revoke or vary such nomination by writing under his hand similarly delivered or sent; and on receiving satisfactory proof of the death of a nominator, the trade union shall pay to the nominee the amount due to the deceased member not exceeding the sum aforesaid. 19. (1) A registered trade union may, with the approval in Change of name. writing of the Registrar, change its name by the consent of not less than two thirds of the members. (2) No change of name shall affect any right or obligation of the trade union or of any member thereof, and any pending legal proceedings may be continued by or against the trustees of the trade union or any other officer who may sue or be sued on behalf of such trade union notwithstanding its new name. 20. Any two or more registered trade unions may, by the consent of not less than two thirds of the total number of the members of each or every such registered trade union, become amalgamated as one trade union with or without any dissolution or division of the funds of such trade unions, or either or any of them; but no amalgamation shall prejudice any right of a creditor of either or any union party thereto. 21. Notice in writing of every change of name or amalgamation signed, in the case of change of name, by five members, and countersigned by the secretary of the trade union changing its name, and accompanied by a statutory declaration by such secretary that the provisions of this Ordinance in respect of changes of name have been complied with, and in the case of an amalgamation si511ed by five members, and countersigned by the secretary of each or every trade union party thereto, and accompanied by a statutory declaration by each or every such secretary that the provisions of this Ordinance in respect of amalgamations have been complied with, shall be sent to the Registrar and registered by him, and until such change of name or amalgamation is so registered the same shall not have effect. AccouNTs AND RETURNS. 22. (1) Every treasurer or other officer of a registered trade union at such times as by the rules thereof he should render such accounts as hereinafter mentioned, or having been required so to do, shall render to the members thereof, at a meeting of the trade union, a just and true account of all moneys received and Amalgamation. Registration of change of name and amalgama· t.ions. Treasurers and other officers to account. Annual returns. paid by him since he last rendered the like accmmt, and of the balance then remaining in his hands, and of all bonds and securities of such trade union. (2) Such account shall be audited by some fit and proper person or persons to be appointed by the trade union and approved by the Registrar. (3) Upon the accounts being audited the treasurer or other officer as the case may be shall, if thereupon required, hand over to the trade union the balance which on such audit appeared to be due from him and shall also, if required, hand over to the trade union all securities and effects, books, papers, and property of the said trade union in his hands or custody. (4) If the treasurer fails to hand over such things and documents as in sub-section (3) required, the Committee of management of the trade union, or any member for and on behalf of the trade union, may sue the treasurer or other officer as the case may be in any competent court for the balance appearing to have been due from him upon the account last rendered by him, and for all moneys since received by him on account of such trade union or branch thereof, and for the securities and effects, books, papers and property in his hands or custody, leaving him to set off in such action the sums, if any, which he may have since paid on account of such trade union; and in any such action the plaintiff shall be entitled to recover full costs of suit to be taxed as between solicitor and client. 23. (I) A general statement of the receipts, funds, effects and expenditure of every registered trade union shall be transmitted to the Registrar before the first day of June in every year, and shall show- (a) fully the assets and liabilities at the date, and the receipts and expenditure during the year preceding the date to which it is made out, of the trade union; (b) separately the expenditure in respect of the several objects of the trade union. (2) Such statement shall be prepared and made out up to such date, in such form, and shall comprise such particulars, including particulars of membership and changes therein, as the Registrar may from time to time require. (3) Every member of, and depositor in, any such trade union shall be entitled to receive, on application to the treasurer or secretary of that trade union, a copy of such general statement, without making any payment for the same. (4) Together with such general statement there shall be sent to the Registrar a copy of all alterations of rules and new rules and changes of officers made by the trade union during the year preceding the date up to which the general statement is made out, and a copy of the rules of the trade union as they exist at that date. ( 5) Every registered trade union which fails to comply with or acts in contravention of this section and also every officer of the trade union so failing, shall each be guilty of an offence and liable to a fine not exceeding five pounds. (6) Every person who wilfully makes or orders to be made any false entry in or any omission from any such general statement, or in or from the return of such copies of rules or alterations of rules, shall be guilty of an offence and liable to a fine not exceeding fifty pounds. 24. ( l) Every registered trade union shall transmit to the Copies of R ' h d d d' d · d · h accountseg1strar t e account prepare an au 1te m accor ance w1t under section 22 within one month of its submission to the members sbectiond22 dto fth -'- d · eren ere 0 e ura e UlliOn. to Registrar. (2) Every officer of a registered trade union which fails to comply with the provisions of this section shall be guilty of an offence against the Ordinance. 25. (1) In addition to the proviSIOns of this Ordinance Registrar 1 ' h d · f h R · may call for re atmg to t e ren ermg o accounts, t e egiStrar may at accounts. any time call upon the treasurer, committee of management or other proper officer of a registered trade union to render detailed accounts of the funds of the trade union in respect of any particular period; such accounts shall show in detail such information as the Registrar may require. (2) Every person whose duty it is under this section to render or assist in rendering the account referred to in sub-section (l), upon failing or neglecting without lawful excuse to render such account or assist in the rendering of such account, shall be guilty of an offence against this Ordinance. Rules of registered trade unions. Alteration of rules. Rules. Second Schedule. Circulating false copies of rules an offence. RULES OF TRADE UNIONS. 26. With respect to tbe rules of a registered trade union, the following provisions shall have effect- (1) The rules of every such trade union shall contain provisions in respect of the several matters mentioned in the First Schedule. {2) A copy of the rules shall be delivered by the trade union to every person on demand on payment of a sum not exceeding one shilling. 27. (I) Every alteration of the rules 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 in the First Schedule. RuLES. 28. (l) The Governor in Council may from time to time make rules respecting registry under this Ordinance and in particular but without prejudice to the generality of the foregoing power with respect to- (a) the seal, if any, to be used by the Registrar for the purpose of registration under this Ordinance; (b) the forms to be used for such registry; (c) the inspection of registers and documents kept by the Registrar and the making of copies of any entries therein; (d) the fees to be charged for registration, inspection and any other service or matter prescribed or permitted by this Ordinance; and (e) generally for carryi..11g this Ordinance into effect. (2) Unless and until amended, varied or revoked by the Governor in Council the rules set out in the Second Schedule hereto shall have effect as if they had been duly made under this section. OFFENCES AND LEGAL PROCEDURE. 29. If any person with intent to mislead or defraud gives to any member of a :registered trade union or to any person intending o:r applying to become a member of such trade union, a copy of any rules or of any alteration or amendment of the same other than those respectively which exist for the time being, on the pretence that the same are the existing rules of such trade union, or that there are no other rules of such trade union, or if any person with the intent aforesaid gives a copy of any rules to any person on the pretence that such rules are the rules of a trade union registered under this Ordinance which is not so registered, every person so offending shall be liable to a fine not exceeding one hundred pounds or to imprisonment for twelve months, or to both such fine and imprisonment. 30. A registered trade union which fails to give any notice or send any document which it is required by this Ordinance to give or send, and every officer or other person bound by the rules thereof to give or send the same, or if there be no such officer, then every member of the committee of management of the union, unless proved to have been ignorant of, or to have attempted to prevent the omission to give or send the same, shall be liable to a fine not exceeding five pounds recoverable at the suit of the Registrar, or of any person aggrieved, and to an additional fine of the like amount for each week during which the omission continues. 31. Every offence under this Ordinance may be prosecuted summarily where the offence is one relating to a trade union or to the acts of one of its officers before the court having jurisdiction where the Registrar's office is situated, or where the registered office of the trade union in question is situated, and, in other cases where the offence arose. 32. Any person who commits an offence against the provisions of this Ordinance for which no special penalty is provided shall be liable on summary conviction to a fine not exceeding twenty-five pounds.