LABOUR ACT [Chapter 28:01] (as amended)
ganization or federation for electioneering
for the trade union or employers organization or federation or for political purposes;
and
(d)
(e)
[Repealed]
the equitable sharing of the funds of the
trade union or employers organization with
any of its branches; and
(f) the maintenance of a register of members
and a record of the fees, if any, paid by each
member and the periods to which those fees
relate; and
(g) the giving to any person who is refused
membership or who is expelled of written
reasons for such refusal or expulsion; and
(h) such other matters as may be prescribed.
36 Registration of trade unions, employers
organizations and federations
(1) Subject to this Act, the Registrar may, after
considering any representations lodged in terms of
subsection (2) of section thirty-three and after the
holding of accreditation proceedings, if any, grant
or refuse an application for the registration of a
trade union or employers organization or federation.
(2) When granting any application for registration in terms of subsection (1), the Registrar may,
after consultation with the applicant, increase or
reduce the interests or area in respect of which the
applicant applied for registration.
(3) Where the Registrar grants an application
for registration of a trade union or employers
organization, he shall enter in his register—
(a) the name of the trade union or employers
organization; and
(b) every undertaking or industry in respect of
which the trade union or employers organization is registered; and
(c) such other particulars as may be prescribed;
and shall issue the trade union or employers
organization with a certificate of registration in
the prescribed form.
(4) The Registrar shall, on request, supply any
interested person with his reasons for any decision
made by him in terms of this section.
37
[Repealed]
38
[Repealed]
39 Application or proposal to vary,
suspend or rescind registration
(1) Any interested person, including the trade
union or employers organization concerned, may
apply to the Registrar for the variation, suspension
or rescission of the registration of a trade union or
employers organization.
(2) If a registered trade union or employers
organization—
(a) no longer adequately represents the interests
or area for which it was registered; or
(b) has failed to perform any of its functions in
terms of this Act;
Re-issue
the Minister may, after consultation with the trade
union or employers organization concerned, direct
the Registrar to hold accreditation proceedings to
determine whether or not the registration of the
trade union or employers organization concerned
should be varied, suspended or rescinded.
(3) On receipt of an application in terms of
subsection (1) or a direction in terms of subsection
(2), the Registrar shall publish notice in the
Gazette of the application or direction and shall,
in such notice, invite any person who wishes to
make any representations relating to such application or direction to lodge with him such representations within thirty days of the date of publication
of the notice, and to state whether or not he wishes
to appear in support of such representations at
accreditation proceedings.
40 Variation, suspension or rescission of
registration
(1) Subject to this Act, the Registrar may, after
considering any representations lodged in terms of
subsection (3) of section thirty-nine and after the
holding of accreditation proceedings, if any, vary,
suspend or rescind the registration or certification
of a trade union or employers organization.
(2) The rescission of the certification of a trade
union or employers organization shall have the
effect of rescinding the registration of that trade
union or employers organization, unless the
Registrar otherwise directs.
(3) The suspension of the registration or certification of a trade union or employers organization
shall have the effect of suspending that trade union
or employers organization, as the case may be,
from performing all or any of the functions of a
registered or certified trade union or employers
organization, as may be specified in the order of
suspension.
(4) The Registrar shall, on request, supply any
interested person with his reasons for any decision
made in terms of this section.
41 Accreditation proceedings
Accreditation proceedings shall be held for the
purposes of determining whether or not—
(a) a trade union or employers organization
should be registered;
(b) [Repealed]
(c) the registration of a trade union or employers
organization should be varied, suspended or
rescinded;
in any case where—
(i) the Registrar considers that such proceedings should be held; or
(ii) the Minister directs that such proceedings should be held; or
(iii) any interested person has requested such
proceedings, whether in relation to a
trade union or employers organization
which has already been registered or in
relation to a trade union or employers
organization which is proposed to be
registered:
Provided that the Registrar may, in
any case referred to in this subpara-
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1st May 2003-
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