1989 Ed.]

Trade Unions

[CAP. 332

11

(2) Where an appeal has been duly brought under section 12(1), the Registrar shall not cancel the registration of the trade union before the appeal has been determined.

11. Notice of cancellation

Before cancelling the registration of a registered trade union, the Registrar shall give to the trade union not less than 2 months' previous notice in writing specifying the ground upon which he intends to cancel its registration:

Provided that no such notice shall be required-

(a) where the trade union has ceased to exist; or

(b) where cancellation is at the request of the trade union.

12. Appeals in relation to cancellation by Registrar

of registration of trade union

(1) Any voting member of a trade union that has received from the Registrar notice in writing of his intention to cancel its registration who considers that the Registrar is not entitled to cancel its registration on the ground specified in the notice in that, as the case may be-

(a) the certificate of registration of the trade union was not obtained by fraud or mistake;

(b) the registration of the trade union has not become void under the proviso to section 6(1);

(c) the trade union was not being used, nor has at any time since its registration been used, for any unlawful purpose or for any purpose inconsistent with its objects or rules;

(d) the trade union has not wilfully and after notice in writing from the Registrar contravened this Ordinance nor allowed any rule which is inconsistent with this Ordinance to continue in force nor rescinded any rule providing for any matter for which provision is required by section 18;

(e) the funds of the trade union have not been expended in any way specified in section 10(1)(b)(v);

(f) any such funds as are specified in section 10(1)(b)(vi) have not wilfully and after notice in writing from the Registrar requiring the same to be entered in the accounts of the trade union been omitted from such accounts,

may, within 28 days after the service of such notice upon the trade union, appeal to the High Court, which may, if it finds that the Registrar is not entitled as aforesaid to cancel the registration of the trade union, so declare, but, save as hereinbefore provided, the appeal shall be dismissed. (Amended 15 of 1971 s. 8)

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