2015
LABOUR AMENDMENT
l2) The Registrar 1nay seek clarification from any employment
council or from the responsible general accountant, public accountant
or public auditor of any item in the audited account of its revenue and
expenditure, and any failure to do so within seven days of the Registrar
making a written demand to that effect shall constitute grounds for the
cancellation of the registration of the employment council or for the
launching of an investigation of its affairs in accordance with the following
provisions of this section.
(3) If the Registrar has reasonable cause to believe that the
property or funds of any employment council are being misappropriated
or misapplied, or that the affairs of any employment council are being
conducted in a manner that is detrimental to the interests of the employers
or employees in the industry or undertaking for which it is registered,
the Registrar may investigate or order that such employment council be
investigated in accordance with subsection (4).
(4) The Registrar may appoint any officer in the Civil Service or
other person (hereinafter called an "investigating officer") to do any or
all of the following(a) seek clarification from any employment council or from the
responsible general accountant, public accountant or public
auditor of any item in the audited account of its revenue and
expenditure:
(b) inspect any aspect of the affairs or activities of any employment
council and examine all documents relating thereto;
(c) examine the books, accounts and other documents relating
to the financial affairs of any employment council;
and make a report thereon to the Minister through the Registrar, including
any recommendation as to whether it should be deregistered or administered
in terms of subsections (9) to ( 11 ).
( 5) During the period of investigation of an employment council
no employee of the employment council shall, without the consent of the
investigating officer, in any way expend or dispose of any property of the
employment council:
Provided that an investigating officer shall not refuse to grant
consent in terms ofthis subsection in respect of any expenditure or disposal
which is in the ordinary and lawful course of business of the employment
council concerned.
(6) For the purpose of any investigation in terms of subsection
(2), the investigating officer-
(a) may(i)
(ii)
by notice under his or her hand, delivered to the person
concerned personally or sent to him or her by post,
require any person to produce to him or her any book
or other document which has any bearing on the subject
of the inspection, examination or audit and
retain for a reasonable period any book or document
produced to him or her by virtue of a notice under this
subsection or voluntarily by any person:
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