First Schedule.
Application for consent to be referred
13
(c) any of the purposes of such trade union will be unlawful; (d) the name by which it is proposed that such trade union will be known is identical with that under which any other trade union, whether existing or not, is or has been registered or so nearly resembles such name as to be likely to deceive the public or the members of such trade union or of any other trade unton
(2) Where, under subsection (1) of this section or subsection (2) of section 28, the Registrar refuses to give his consent to the amalgama- tion of any registered trade unions, he shall, in writing, notify the trade unions of his refusal and shall specify therein the ground for his refusal.
(3) Any person who considers that the Registrar was wrong in refusing under subsection (1) to give his consent to an intended amalgamation of registered trade unions on the ground specified in the notice given pursuant to subsection (2) in that, as the case may be-- (a) the provisions of this Ordinance in respect of the making of
the application for his consent had been complied with;
(b) the proposed rules of the trade union to be formed by the amalgamation would have made adequate provision for each and all of the matters specified in the First Schedule;
(c)
none of the purposes of such trade union will be unlawful; (d) the name by which it was proposed that such trade union would be known was not such a name as is specified in para- graph (d) of subsection (1),
may, within fourteen days after the Registrar has given such notice, appeal to the Full Court, and, if upon any such appeal the Full Court finds that the refusal of the Registrar to give his consent to the intended amalgamation was wrong as aforesaid, it may so declare and thereupon the Registrar shall, subject to the provisions of section 28, give his consent to the amalgamation, but, save us hereinbefore provided, the appeal shall be dismissed,
28. (1) Where the Registrar has received an application under subsection (1) of section 25 for his consent to the amalgamation of any to Governor registered trade unions and any of such trade unions is a member of any kind of a trade union or other organization established outside the Colony, he shall, if, but for the provisions of this section, he would have given his consent to the amalgamation, refer such application to the Governor in Council.
in Council in certain casek.
(2) Where, under subsection (1), the Registrar has referred an application to the Governor in Council, he shall refuse to give his consent to the amalgamation unless the Governor in Council consents to the same.
19
29. (1) Where the Registrar gives bis consent to the amalgamation Notice in of any registered trade unions, he shall send to each of the trade unions Writing to
be given of a notice in writing thereof and shall supply to each of the trade unions consent lo such additional copies of such notice as may be necessary to enable the amalgama- trade union to comply with paragraph (a) of subsection (1) of section 30. tion. and saving of (2) The giving by the Registrar of his consent to the amalgamation powers of of any registered trade unions shall not prejudice or affect in any way in relation the powers vested in him by this Ordinance to refuse to register the to registra trade union formed by such amalgamation or the exercise of any powers union formed so vested in him in connexion with the registration thereof.
by acholga- malion
Registrar
tion of trade
30. (1) No registered trade unions shall be amalgamated as one Procedure trade union unless-
for amalga- mation, etc.
(a) the notice in writing of the consent of the Registrar to the amalgamation has been posted at the registered office of each of the trade unions party to the amalgamation and in every branch thereof for a period of not less than fourteen days; and
(6) in the case of each such trade union, on a vote being taken in secret ballot, the votes of at least fifty per centum of the members thereof are recorded and of the votes recorded those in favour of the amalgamation exceed by not less than twenty per centum those against the same.
(2) An amalgamation of registered trade unions may take place with or without any dissolution or division of the funds of the trade unions.
to trade
31. (1) All deeds, bonds, agreements and instruments to which Transfer of any registered trade union that is amalgamated with any other registered liabilities, etc. trade union was a party that are subsisting at the time of the amalga- wion formed mation shall be of as full force and effect against or in favour of the by amalga- trade union formed by the amalgamation as if, instead of such registered mation.
trade union, the trade union sa formed had been named therein or had been a party thereto.
(2) Where, in respect of any registered trade union that has amalgamated with any other registered trade union, any proceeding or cause of action was pending or existed at the time of the amalgamation, the same may be continued or enforced by or against the trade union formed by the amalgamation as it might have been continued or enforced by or against such registered trade union if the amalgamation had not taken place.
32. (1) When a registered trade union is dissolved, notice of the Notification dissolution thereof, signed by the secretary of the trade union and seven of dis. persons who were voting members thereof at the date of the dissolution,
solution.
No comments yet.
Private notes are available after approval.