Second Schedule. (2), The Trade Unions Ordinance

I. These rules may be cited as the Trade Union Registration Rules. 2. The Registrar shall not register a trade union under a name identical with that of any other registered trade union, or so nearly resembling such name as to be likely to deceive the members or the public. 3. Every application by a trade union for registration shall be made in Form A in the appendix to these rules, and shall be accompanied by two typed or printed copies of the rules, marked and signed as mentioned in the said form. 4. 'l'he certificate of registration of a trade union shall be in Form B in the appendix. 5. An alteration of the rules of a trade union may be either- (a) A partial alteration, consisting of the addition of a new rule or part of a rule or rules to the existing rules, or of the substitution of a new rule or part of a rule or rules for any of the existing rules, or of a rescission of any of the existing rules or any part thereof without any substitution or of more than one or all of those modes; or, (b) A complete alteration consisting of the substitution of an entire set of rules for the existing set of rules. 6. An application for the registration of a partial alteration of rules shall be made by five members of the trade union in Form C in the appendix, and shall be accompanied by a statutory declaration in Form D in the appendix, and by a typed or printed copy of the existing rules, and hy the following documents- (a) If the partial alteration consists of the addition or substitution of a new rule or part of a rule or rules, two copies of such rule or part of a rule or rules, each copy being marked 0 and signed by each of the applicants. (b) If the partial alteration consists of the rescission of any of the rules without any substitution, two copies of the resolution for such rescission, each copy being marked 0 and signed by each of the applicants. The Registrar, before registering a partial alteration of rules, shall ascertain that the rules of the trade union, if altered in accordance with the proposed partial alteration, will provide for all the matters required by the Trade Unions Ordinance, to be provided for by the rules of a registered trade union. 7. The certificate of registration of a partial alteration shall be in Form E in the appendix, and shall be delivered to the applicants, attached to one of the copies of the new rule or rules, or, when the alteration consists of rescission merely, attached to the old set of rules. 8. An application for the registration of a complete alteration of rules shall be made by five members of the trade union, and shall be in Form F in the appendix, and shall be accompanied by a statutory declaration in Form D in the appendix, and by a printed copy of the existing rules and by the two printed copies of the new rules, each copy being marked P and signed by each of the applicants; and the Registrar, before registering the new set of rules, shall ascertain that it provides for all matters which, by the Trade Unions Ordinance are to be provided for by the rules of a registered trade union. Certificate of partial alteration. to register complete alteration. 9. The certificate of registration of a complete alteration of rules shall Certificate ol be in the Form G in the appendix, and shall be delivered to the applicants complete regi8tration. attached to one of the copies of the new set of rules. 10. Notice before cancellation of certificate, where required, shall be in :-rotice before Form H in the appendix. cancellation. 11. The cancellation of certificate shall be in Form I in the appendix. 12. Notice of change in the situation of the registered office of a trade union shall be given to the Registrar in Form J in the appendix. 13. An application for approval, and notice of change of name of a trade union shall be made and given in duplicate in Form K in the appendix, accompanied by a statutory declaration in Form L in the appendix. The Registrar, before approving the change of name, shall ascertain that the new name is not identical with that of any other registered trade union, or so nearly resembling the same as to be calculated to deceive; and if the change of name be approved, the word " approved" shall be endorsed at the foot or end of each copy of the application and notice and the same shall be signed by the Registrar. One copy shall be filed in the registry and the other copy returned to the trade union. 14. When a registered trade union is dissolved, notice of dissolution should be given in duplicate in Form M in the appendix, and the Registrar shall return one copy to the trade union, endorsed with the word " registered " and duly authenticated. 15. When two or more registered trade unions become amalgamated notice shall be given in Form N in the appendix, accompanied by statutory declarations from each such trade union in Form 0 in the appendix, and the Registrar shall return to the amalgamated trade union one copy of the notice, endorsed with the word " registered " and duly authenticated. S.L.-VoL. IV-25* Certificate of cancellation. Notice of change in registered office of trade union. for approval of change of name. i'\otice of dissolution. Notice of amalgamation. Nomination. Authentication of documents. Fees. Rule 3. 16. Every registered trade union shall keep a record or register of all nominations made by the members, and of all revocations and variations of the same, and for the recording or registering of every such nomination, revocation, or variation the rules of the trade union may require the member nominating to pay a sum not exceeding threepence. 17. Every document under the Trade Unions Ordinance, bearing the seal of the Registrar's office or signed by the Registrar, as the case may be, shall be deemed to be duly authenticated for the purpose of the said Ordinance and these Rules. 18. The following fees shall be payable- For the certificate of registration of a trade union For the certificate of registration of an alteration of rules ... For the certificate of registration of a change of name For registration of notice of a dissolution ... For registration of amalgamation For every document required to be authenticated by the Registrar, not chargeable with any other fee ... For every inspection on the same day of documents (whether one or more), in the custody of the Registrar, relating to one and the same trade union For every copy or extract of any document in the custody of the Registrar, not exceeding 216 words If exceeding 216 words, per folio of seventy-two words or part thereof The above fees are in addition to the fee for authentication. No fee is payable for the registration or recording of- The cancellation of certificate of registration. Any notice of change of registered office. Any document or copy of document supplied to the Government. Any document in respect of which a fee is already chargeable under or by virtue of the Ordinance or any other Ordinance. £ s. d. 1 0 0 0 10 0 0 10 0 0 2 6 0 10 0 0 2 6 0 1 0 0 1 0 0 0 4 The Registrar may also dispense with the fee for inspection of documents in cases where he may consider it for the public interest to do so. APPENDIX. THE TRADE UNION REGISTRATION RUI,ES. FORM A. Application for Registration of Trade Union. 1. This application is made by the five persons whose names are subscribed at the foot hereof. 2. The name under which it is proposed that the trade union on behalf of which this application is made shall be registered is ........................ as set forth in rule No ..................................... . To the best of our belief there is no registered trade union the name of which is identical with the proposed name or so nearly resembles the same as to cause confusion. 3. The office of the 1.......... ... to which all communications and notices may be addressed, is at. ............................. as set forth in rule No ............................... . 4. The1 .............................was formed on the .................................... day of... ................................. . 5. The whole of the objects for which the1 ........................... ..is formed and the purposes for which the funds thereof are applicable are set forth in rule No ....................... . 6. The conditions under which members may become entitled to benefits assured are set forth in rule No ................... . 7. The subscriptions and dues to be paid by members are set forth in 8. The fines and forfeitures to be imposed on members are set forth in 9. The manner of making, altering, amending, and rescinding rules is set forth in rule No ............................... . 10. The provision for the appointment and removal of a general committee of management, of treasurer and other officers is set forth in rule No ............................... . 11. The duties of the members of the managing committee and other officers are set forth in rule No. .................... .. 12. The provision for the investment of funds and for the periodical audit of accounts is set forth in rule No ...................... . 13. The provision for the inspection of the books and names of the members by every person having an interest in the funds is set forth in 14. The provision for the manner of dissolving the trade union is set forth in rule No..... ................... . 15. Accompanying this application are sent- (i) Two printed copies, each marked A, of the rules. (ii) A list, marked B, of the titles and names of the officers. Signed: 1. 2. 3. 4. 5. Dated this ................................. day of................................. 1 9 ........... . To THE REGISTRAR oF TRADE UNIONs, THE TRADE UNION REGISTRATION RuLES. FORM B. Certificate of Registration of Trade Union. It is hereby certified that the ............................ has been registered under the Trade Unions Ordinance this .................................. day of. ................................. .19 ............ . Seal andfor Signature of Registrar. 1 Name of trade union. Rule 4. Rule 6. Rule 6. FORM C. Application for Registration of partial Alterat'ion of R~tle.~. This application for the registration of a partial alteration of the rules of the ........................trade union is made by the five persons whose names are subscribed at the foot hereof. With this application are sent- (a) A printed (or typed) copy of the registered rules marked to show where and in what way they are altered; (b) Two printed (or typed) copies of the alteration, each marked 0, signed by each of the applicants; (c) A statutory declaration of an officer of this trade union, that in making the alteration of rules now submitted for registration the rules of the ........................... Trade Union were duly complied with. 2. We have been duly authorised by the .... Trade Union to make this application on its behalf, such authorisation consisting of a resolution passed at a general meeting on the1 ............ ... day of...... ................ .19 8igned: 1. 2. 3. 4. 5. nated this ............ day of ............................. J9 To 'l'HR REGISTRAR OF TRA DJ<~ UNIONs, FREETOW~. THE TRADE UNION REGISTRATION Rm.Es. FoRM D. Declaration accompany1:ng Alteration of Rules. I ......... oL ........................... , an officer of the above-named union, do solemnly and sincerely declare that in making the alteration of the rules of the trade union, the application for the registration of which is appended to this declaration, the rules of the said trade union have been duly complied with. And I make this solemn declaration, conscientiously believing the same to be true, and by virtue of the provisions of the Statutory Declarations Act, 1835. Taken and received before} me, etc. 1 Here insert the date, or if there was no such resolution, state in what other way the ant.horisation was given. d ..... FoRM E. Certificate of Hegistm#on of partial Alterat-ion of Rull's. It is hereby certified that the foregoing partial alteration has been registered under the Trade Unions Ordinance this,,,,,,,,,,,,,,,,.,,day of ,,,,,,,,,,,,,,,,19.,,,,,,. Seal andjor Signatu,re of Registrar. 'l'm•; TRADE UNION REGISTRATION RuLEs. FoRM F. Application for Registration of complete Alteration of R1tles. 1. This application for the registration of a complete alteration of the registered rules of the,,,,,,,,,,,,,.,Trade Union is made by the five persons whose names are subscribed at the foot hereof. 2. The complete alteration submitted for registration is the substitution of the set of rules, two printed copies of which (each copy marked P, and signed by the applicants) accompany this application, for the set of rules already registered. 3. The office to which all communications and notices may be addressed, is at,,,,,,,,,,,,,_,,as set forth in rule No.,,,,_ · 4. The1.,,,,,,. ,,,,,,,was registered on the .... ,.,,,,,.,,.,.,.,, .. ,.,,day oL., .. ,,,_, ___ ,.,, 19,,,.,.,. 5. The whole of the objects for which the 1 .,,,.,., ... , .. ,,.. , ...is established, and the purposes for which the funds thereof are applicable, are set forth in rule No ..... ,.,,.,.,,,,., ... ,., .. 6. The conditions under which members may become entitled to benefits assured are set forth in rule No.,,,.,,,,,.,,, .. ,,,. 7. The subscriptions and dues to be paid by members are set forth in rule No ... , ... ,.,.,,,, .... ,, .. 8. The fines and forfeitures to be imposed on members are set forth in rule No .......,,,,, .. ,, .... , .. . 9. The manner of making, altering, amending, and rescinding rules is set forth in rule No,,.,., .. , 10. The provision for the appointment and removal of a general committee of management, of treasurer and other officers, is set forth in rule No .... ,,,, .. ________________ . 11. The provision for the investment of funds and for the periodical audit of accounts is set forth in rule No., .. ,.,,,,,, 1 Name of trade union. Rule 7. RuleS. Rule 9. Rule IO. 12. The provision for the inspection of the books and names of the members by every person having an interest in the funds is set forth in 13. The provision for the manner of dissolving the trade union is set forth in rule No. 14. This application is accompanied by a statutory declaration of .................. , an officer of the said trade union, to the effect that in making the alteration of rules now submitted for registration the rules of the trade union were duly complied with. 15. We have been duly authorised by the 1 ........ to make this application on its behalf, such authorisation consist'ng of a resolution passed at a general meeting held on the 2 .. d .d . ... day of ........... .19 Signed: 1. 2 . .,u. 4. 5. Dated this ..... . .............. day oL .. To THE REGISTRAR OF TRADE Ux1oxs, ····d········J9. 'rHE TRADE UNION REGisTRATION RuLEs. FoRM G. Ceri'ijicate of Registration of Compll'te Alteration of R'Ules. T·rade Um:on. Register No. It is hereby certified that the set. of rule:>, eopy whereof is appeude<t hereto, has been registered under the Trade Unions Ordinance in substitution of the set of rules already registered for the ....... Trade Union this ......... day of ................................... .19 ....... . Seal and/or Signatu.re of Registrar. THE 'l'RADE UNJON REGISTRATION RnLES. FORM H. Notice Bl'jore Canrellation of Certificate of Registration. Notice is hereby given to the above-mentioned trade union that it is the intention of the Registrar to proceed on thed ....... d............. d.day of............. d.. d.... . 19 ... ddd., to cancel the registration of the trade union, unless cause be shown to the contrary in the meantime. 1 Name of trade union. 2 Here insert the date, or, if there was no such resolution, state in what other way the authorisation was given. The ground of such proposed cancellation is that the certificate of registration has been obtained by fraud (or mistake), or that the registration of the trade union has become void under section 8 of the Trade Unions Ordinance, or that the trade union has wilfully and after notice from me violated the provisions of the Trade Unions Ordinance, or has ceased to exist. (The facts should be briefly specified where practicable.) Dated this... ..day oL ......................... 19 Signature of Registrar. 'rHE TRADE UNION REGISTRATION RuLEs. J!'ORM l. Cancellation of Certificate of Registration. The certificate of registration of the above-mentioned trade union is hereby cancelled. (The Registrar may, if he thinks fit, add a statement as in Form H of the ground of the cancellation.) Dated this .................................... day of .................................. l9 ............ . Signature of Registrar. THE TRADE UNION REGISTRATION RuLES. FORM .T. Notice of Change of Registered Office. To THE REGISTRAR oF TRADE UNIONS, Notice is hereby given that the registered office of the above-mentioned trade union has been removed from......... .. ... ..in... ..to ... in .............................. . Dated this ........ . ... day oL ... .... .19 ............ . } Committee of Management. 1Received this .............................. day of.. ......................... notice of removal of the :egistered office of the ............................ Register No... .. .. , to ............................. m .............................. . 1 This part to be detached by the Registrar when the notice is registered and returned to the trade union. Rule ll. Rule 12. Rule l:l. Cap. 221] l'rade Unions THE TRADE UNION REGISTRATION RuLES, FoRM K. Application for Approval, and Notice of Change of Name. Name already registered ... Registered No .... 'l'o THE REGISTRAR OJ<' TRADE UNIONS, Application for approval of a change of name of the above-mentioned trade union is hereby made by the .......... "' .................. persons whose names are subscribed at the foot hereof. The following is a copy of a resolution passed by the consent of two thirds of the total number of members of the trade union- [The 1·esolution to be copied at length.] And notice of the said change is hereby given for registration in your office. Dated this ........ . 1. 2. :3. 'l. .... day of.. ........................ .19 ............ . }"'''"'"" Secretary . THE TRADE UNION REGISTRATION Rur.Es. FoRM L. Declaration to Accompany Application for Approval of Change of Name. Narne of trade union .............................. . Register No ............................... . J,.............................. of. ............................. the secretary of the above-named trade union, do solemnly and sincerely declare that in making the change of name, notice of which is appended to this declaration, the provisions of the Trade Unions Ordinance in respect of change of name, have been complied with. And I make this solemn declaration, conscientiously believing the same to be true, and by virtue of the provisions of the Statutory Declarations Act, 1835. Taken and received before} me, etc. 1'rade Unions FORM M. Trade Union. To 'l'HE REGISTRAR OF TRADE UNIONS, [Cap. 221 Notice is hereby given that the above-mentioned trade union was dissolved in pursuance of the rules thereof on the ............................day oL ......................... . 1. Secretary. 2. ') <>. 4. 5. 6. N arne and address to which} registered copy is to be returned. Date.................................... l9............ . }M.mi>"' THE TRADE UNION REGISTRATION RuLES. FORM N. Notice of A1nalgamation of Trade Unions. A Trade Union. Register No ... B Trade Union. Register No .. [and so on if more than two.] To THE REGISTRAR OF TRADE UNIONS, Notice is hereby given, that by the consent of two thirds of the whole number of members of each or every of the above-mentioned trade unions, they have resolved to become amalgamated as one trade union. And that the following are the terms of the said amalgamation [state the terms]:- And that it is intended that the trade union shall henceforth be called the .............................. . Accompanying this notice is a copy of the rules intended to be henceforth adopted by the amalgamated trade union [which are rules of the ............................. Trade Union). [To be signed by five members and the Secretary of each trade union.] Name and address to which} registered copy is to be sent. Dated this .................................... day oL .......................... 19... . Rule 14. Rule 15. Rnle 15. Cap. 221] 1'rade Unions FoRM 0. Declaration to Accompany Notice of Amalgamation. I, ......... of............ .... , the secretary of the above-mentioned trade union, do solemnly and sincerely declare that in the amalgamation of the said trade union with the .............................. , notice of which is appended to this declaration, the provisions of the Trade Unions Ordinance in respect of amalgamations have been duly complied with. And I make this solemn declaration, conscientiously believing the same to be true, and by virtue of the provisions of the Statutory Declarations Act, 1835. Taken and received} before me, etc.