A LAW TO PROVIDE FOR THE REGISTRATION AND CONTROL OF TRADE UNIONS AND THE REGULATION OF TRADE DISPUTES.

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP57-00384R000400040045-6
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 27
• Document Creation Date: December 20, 2016
• Document Release Date: September 10, 2001
• Sequence Number: 45
• Publication Date: November 19, 1941
• Content Type: MISC

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TAB
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 A Law to Provide for the Registration and Control of Trade
Unions and the Regulation of Trade Disputes.
19th November 1941.
PartLl.
Preliminary.
1. This Law may be cited as the Trade Unions and Trade
Disputes Law, 1941.
2. In this Law the following expressions have the meanings
hereby respectively assigned to them, that is to say:-
"committee Qf management" means the bodr by whatever nave
called to which the management Qf the affairs of a trade
union is entrusted and includes the secretary and treasurer
of any trade union;
"lock+out" means the closing of a place of employment or the
suspension of work, or the refusal by an employer to continue to
employ any number of persons employed by him in consequerce
of a dispute, done with a view to compelling those persons, or
to aid another employer in compelling persons employed by him,
to accept terms or conditions of or affecting employemett;
"officer" when used with reference to a trade union, includes
any member of the committee of management therof, but does
not include an auditor;
"register" means the register bf trade unions kept and
maintained by the Registrar under section 7;
"registered trade union" means a trade union registered under
this Law;
"Registrar" means the person for the time being appointed by
the Governor under section 4 of this Law by name or by offi,>-e
to be or to act as Registrar of Trade Unions;
"statutory objects" means the re- lation of the relations
between workmen and masters or between workmen and workmen,
or between masters and masters, and also the provision of
benefits to members of a trade union;
"strike" means the cessation of work by a body of persons
employed in any trade cr industry acting in combination, or a
concerted refusal, or a refusal under a common understanding
of any number of persons who are, or have been so employed, to
continue to work or to accept employment;
"trade dispute" means any dispute between employers and workmen,
or between workmen and workmen, which is connected with the
employment or non-employment or the terms of the employment,
or with the conditions of labour, of any person;
"trade union" means any combination whether temporary or
permanent, the principal objects of which are, uuuder its
constitution, the regulation of the relations between workmen
and masters, or tetween workmen and workmen, or between monsters
and masters whether such combination would or would not, if
this Law had not been enacted, have been deemed to have been
an unlawful combination by reason of some one or more of its
objects being in restraint of trade:
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.
Prov..ded that nothing in this-: Law sltall-
(a) 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; or
(b) preclude any trade union from providing benefits for its
members;
"wozkmen" means all person employed in agriculture, trade or
industry whether or not in the employment of the employer vith
whom a trade dispute arises..
3..The?fact that a combination has caner its constitution
objects other than statutory objects shall not prevent the
combination being a trade union for the purposes of this L~..w,
so long as the combination is a trade union as defined by this
Law.
Part II
Appointment of Registrar and Other Officers.
4Q -(1) The Governor shall appoint a Registrar of Trade Unions
who shall be _?esponsible for the due performance of the du ies
and functions assigned to hi.m as Registrar uner this Law.
(2) The Governor may appoint such other officers as ma:T
from time to time be required for the purposes of this Law.
5. A report on the preceding year's work of the Registrar
and any other officers appointed under this Law shall be
furnished to the Colonial Secretary by the Registrar on or
before the 31st day of January in each year.
6. No suit shall lie against any person appointed under section
4 of this Law for anything done or omitted to be done by him
in good faith without negligence and in intended exercise of
any powere or performance of any duty provided or imposed -ay
this Law.
Part III
Registration.
7.-(l) The Registrar shall keep ant- maintain in such form as
may be prescribed a register of trade unions in which shall
be entered the prescribed particulars relating to any registerec_
trade union and any alteration or change which may from time
to time be effected in the name, rules, officers or committee of
management thereof or in the situation of the registered office
thereof, and all such other matters as may be required to be
entered therm under this Law.
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(2) A certified copy of any entry in the register shall be
conclusive proof of the facts specified therein as on the date
of such certified copy.
8.-(l) Upon the establishment of a trade union, it shall be
,the duty of the committee of management or the directing
authority, by whatever name it may be called, of such union, to
make application for registration within sixty days after the
date of the establishment of such union. Any person who fails to
comply with the requirements of t1.is section shall be guilty
of an offence and shall be liable on conviction to a fine not
exceeding Twenty-five pounaw, and to an additional fine of the
like amount for each week during which the omission continues.
(2) In the case of a trade union established at the date of
the coming into force of this Law, this section shall :apply as
if the date of the coming into force of this Law were the date
of the establishment of such union.
(3) When a fine is jointly and severally incurred under
this section by any number of persons, every such person shall
be liable to pay the whole fine unless the Court otherwise
directs.
(4) The Registrar may, if he thinks fit, from time to time,
grant an extension )f the period specified in sub-section(l)
of this section, provided that such period shall not, in any
particular case, be so extended as to exceed a period of
three months in the aggregates
9.-(1) Every applicatio~a for registration of a trade union
shall be made to the registrar in the prescrioed..form and shall
be signed by at least seven members of the union, any of .vhom
may be officers thereof.
(2) Uncancelled stamps to the value prescribed shall bi
affixed to every application for registration:
Provided that a trade union previously registered under
the provisions of the Trade Union Law, 1932, shall not be
required to pay a registration fee under this Law.
(3) Every application for registration sk'all be accompanied
by two copies of the rules of the trade union and a statement of
the following particulars, namely-
(a) the names, occupaticns and addresses of the members
making the application;
(b) the name of the trade union and the address of it,::s
head office; and
(c) the titles, anmes, a,;es, addresses and accupat~.on
of the officers of the trade union.
(4) A trade union established before the commencement of
this Law shall deliver to the Registrar, together with its
application for registration, a general statement of the assets
and liabilities of the trade union prepared in such form and
containing such particulars as may be prescribed.
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104 The Registrar, if he is satisfied that a trade union
applying for registration has complied with the provisions of
this Law and of the regulations made thereunder and that the
objects, rules and constitution of the union do not conflict
with any of such provisions and are not unlawful, shall
register the trade union in the prescribed manner:
Provided that if any one of the objects of such trade union
is unlawful, the registration of the trade unio,; shall be void:
Provided further that viaere a trade union applying fo2?
registration represents more than one trade o. calling the
Registrar shall not register such trade union without th?,
sanction bf the Governor in Council.
11. The Registrar, on registering a trade union under section
10 of this Law, shall issue to the trade union a certificate
of registration the prescribed form, and such certifcate,
unless proved to have been cancelled or withdrawn, shall bt
conclusive evidence for all purposes that the trade unior..has
been duly registered under this Law.
12. The Registrar _.lay call for further information for the
purpose of satisfying himself that any application complies
with the provisions of section 9 of this Law or that the
trade union is entitled to registration under this Law.
13. If the name under '.ihich a tratn or furthe-
rance of a 't- ,de dispute, to attend at or near a house or plane
where a person resides or worke or carries on business or
happens to be, if they so attend merely for the purpose of
peacefully obtaining or communicating information, or of
peacefully persuading any person to work or abstain from
working:
Provided that it shall not be lawful for one or more persons
(whether acting on their own behalf or on behalf of a
registered trade union or of an individual employer or firm,
and notwithstanding that they may be acting in contempla Lion
or furtherance of a trade dispute) to attend at or near a
house or place where a person resides or works or carries on
business or happens to be, for the purpose of obtaining or
communicating information or of persuading or inducing any
person to work or to abstain from working, if they o attend
in such numbers or otherwise in such manner as to be calculec-
ted to intimitate any person in that house or place, or to
obstruct the approach thereto or egress therefrom, or to lead
to a breach of the peace; and any person who acts in contra-
vension of the proviso shall be liable on conviction to a fine
not exceeding twenty pounds, or to imprianment for a term not
exceeding three months.
(2) In this section the. expressin"to intimitate"
means to cause in the mind of a parson a reasonable appre-
hension of injury to him or to any member of his family or
to any of his dependents or of violence or damage to any person
or pro_erty and the expression "injury" includes injury to
a person in respect of his business,occupation, employment or
other emu:`",of income and includes any actionable wrong.
51. -(1) Every per on who with a view to compel any other
person to abstain from doing or to do any act which such other
person has a legal right to do or abstain from doing, wron;3ful-
ly and without legal authori y:-
(a) uses violences to or intimidates such other
person or his wife or children, or injures his property; or
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(b) persistently follows such other person bout from place
to place; or
(c) hides any tools, clothe or other property owned or uded
by such other person, or deprives him of or hinders him in
the use thereof; or
(d) watches or besets the house or other place wherl.18her
person resides or works or carries on business or happens to
be or the approach to such house or pia ce; ca
(e) follows such other parson with two or more other persons
in a disorderly manner in or through any street or road,
shallbe guilty of an offence punishable with a fine not
exceeding twenty pounds or with imprisonment fro a term not
exceeding three months.
(2) Attending at or near any house or place in such
er, or in such manners as is by the proviso to sub-section
of section 50 declared to be unlawful shall be deemed to be
a watching and besetting of that house or place within the
meaning of this section.
52.- (1) It is hereby declared -
ts~ that any strike is illegal if it -
i has any object other than or in addition to the
furtherance of a trade dispute with the trade or industry in
which tkestrikers are engaged, and
(ii) is a strike designed or calculated to coerce the
Government either directly or by inflicting hard ship upon
the community; and
b that any lock-out is illegal if it -
i) has any object other than or in addition to the
furtherance of a trade dispute within the trade or industry
in which the employers lockin, out are engaged, and
(ii) is a lock-out designed or calculated to coerce
the Government either directly or by the inflicting hardship
upon the community:
And it is further deck red that it is illegal to commence,
or continue, or to apply any sums in furtherance or support
of, any such ille_;al strike or lock-but.
For the urposes of the foregoing provisions -
(a) a trade dispute shall not beaus deemed to be within
a trade or industry unless it is a dispute between employers
and workmen or between workmen and workmen, in that trade or
industry which is connected with the employment or non- emnlo-
yment of the terms of the employment, or with the conditions
of 3a bour of persons in that trade or industry; and
(b) without prejudice to the generality of the expressio:
"trade or industry" workmen shall be deemed to be within te
same trade or industry if their wages or conditions of
employmant are determined in accordance with agreements mare
with the same employer or group of employers.
(2) If any person declares, insticates or incites others
to take part in or otherwise acts in furtherance of a strike
or lock-out, declared by this section to be illegal, he shall
be liable on conviction to a fine not exceeding fifty pounds
or to imprisonment not exceeding one year:
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Provided that no persson shall be deemed to have committed an
offence und.:~r this section, by reason. only of his having
ceased work or refused to continue to work or to accept
employment.
(3) A strike or look-out shall not be deemed to be calculated
to coerce the Governiuent unles.a such coersion ought reasonably
to be expected as a consequence hereof.
(4) The rights, immunities and privileges conferred upon a
registered trade union by this law shall not apply to any act
done in contemplation or furtherance of a strike or lock-out
which is by thi> section declared to be illegal, and any such
act shall hot be deeded fort he purposes of this law to be
done in contemplation or furtherance of a trade dispute.
53.- (1) No person refusing to take part or to continue to
take part in any strike or lock-out which is by section 52
of this law declared to be illegal, shall be by reason of
such refusal or by reason of any action taken by him under
this section, subject to expulsion from any trade uiion or
to any fine or penalty, or to deprivation of any right or
benefit to which or ilia legal;t personal representatives would
otherwise be entitled, or liable to be pierced in any respect
either directly or indirectly under any disability err at any
disada er tage as compared with other members of the trade union
anything to the contrary in the rules of a trade union not
withstanding.
(2) No provision:i of this law limiting the proceedings
which may be entertained by any Court, and nothing in the
rules of the trade union requiring the settlement of disputes
in any mannr shall apply to any proceeding for enforcing any
write or exemption secured by thiL7 section.
54. In any civil or criminal proceedings in which a registered
trade union is a party such trade union may appear in such
proceed.,Z.ngp any one of its officers or by an advocate.
PART VIII
?FF " ;1i;S ANT) PvNAI=T I :S
55. If any officer, member or other person, being or
representing himself to be a member of a trade union re-
gistered under this Law, or the nominee, executor, admini-
strator or asui -nee of a member thereof, or anyyiperson what-
soever by false representation or in position, obtains
possession of any moneys, securities, books, papers or othfir
effects of such trade union, or, having the same in his
possession, wilfully withholds or fraudulently misapplies
the same, or wilfully applies any, part of the same to purposes
other than those expressed or directed in the rules of such
trade union or any part thereof, a Judge of a District Court
upon a complaint ma#eby any person on behalf of such trade
union or by the Registrar may by summary order, order such
officer, member or other person to deliver up all such moneys
securities, books, papers or other effects to the trade union
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or to repay the amount of many applied improperly, and to
pay, if the Judge of the. Distict Court thinks fit, a further
sum of money not exceeding twenty pounds together with costs
not exceeding twenty shillings; and in default of such delivery
of effects or repayment of such amount of money or payment
of such fine and costs the Judge of the District Court may
order the person so convicted to be imprisoned for any term
not exceeding three months:
Provided that:-
(a) notiAing herein contained shall prevent tism the said
trade union from otherwise proceeding against the party of ore-
:said; and
(b) no person shall be otherwise proceeded against if a
conviction shall have been previously obtained for the same
offence under the provisions of thsi Law.
56. 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 do-
cument purporting to be a copy of the rules of the trade
nnion or of any alterationathereto which he knows, or has
reason to believe, is not a correct copy of such rules or
alterations as are fort he time being in force, or any person
who with the like int and, 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, shall
be guilty of an offence and shall on conviction be liable to
a fine not exceeding twenty pound.: or to imprisonment for a
term not exceeding three months, or to both# such fine and
imprisonment.
57. If moult is aaide on the part of any registered trade
union in doing any act, in giving any notice, or in sendin
any statement, return or other document as required by this
Law or by the regi lations made thereunder, every officer or
other person bound by therules of the trade union or under ttie
provisions of this Law or the regulations made thereunder to
do such act, 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 shall severally be guilty of an offence and shall
on conviction be liable to a fine not exceeding twentyfive
pounds.
58. No prosecution shall be instituted under this Law except
by, or at the instance of, or with the written consent of, the
Attorney-General.
PART IX
REGULV, IONS
59.- (1) The Governor in Council may from time to time rake
regulations for the better carrying this law into effect.
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(2) In particular and without prejudice to the generality of
the powers conferred by sub-section (I) of this section, the
Governor in Council may make regulations for or in respect
of all or any of the following matters:-
(a) all matters stated or required in this law to be
prescribed;
(b) the qualifications of persons by whom the accounts of
registered trade unions may be audited;
(c) 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 inspection;
(d) the manner in which trade union funds may be invested;
(e) the books and registers to be kept for the purposes
of this Law and the forms thereof ;
(f) the submission to the Registrar of a list of the
members of a trade union.
PART X.
GRAL.
60-- The fact that any trade union has'`been registered, the fact
hat the certificate of registration of any registered trade union
has been withdrawn or cancelled, the fact that any change of
name or amalgamation affecting any registered trade union ha3
been registered, and the fact that any registered trade unis,n
has been dissolved shall be notified by the Registrar in the
Gazette.
63... Every summons, notice or other document required to be
served on a tr