(a)     shall affect –

(i) any agreement between partners as to their own business;

(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 goodof a business or of instruction in any profession, trade or handicraft; or

(b)     shall preclude any trade union from providing benefits for its members.

Trade unions not criminal.
3.         The purposes of any trade union shall not, by reason merely that they are in restraint of trade, be deemed to be unlawful so as to render any member of such trade union liable to criminal prosecution for conspiracy or otherwise.

Trade unions not unlawful for civil purposes.
4.         The purposes of any trade union shall not, by reason merely that they are in restraint of trade, be unlawful so as to render voidable any agreement or trust.

Trade unions prohibited from carrying on business unless registered.
5. (1)         No trade union or any member thereof shall perform any act in furtherance of the purposes for which it has been formed unless the trade union has first been registered.

5. (2)         Any trade union or any officer or member thereof who
contravenes the provisions of this section is liable on summary conviction
to a fine of one thousand five hundred dollars.

Registrar of trade unions.
6.         The President may appoint such person as he may think fit to be Registrar of trade unions.
     
Registration of trade unions.
7.         Any seven or more members of a trade union may by subscribing their names to the rules of the union and otherwise complying with the provisions of this Act with respect to registration, register the trade union under this Act; but if any one of the purposes of the trade union is unlawful the registration shall be void.

Compulsory registration.
8. (1)        Every trade union shall be registered in accordance with this Act or be dissolved within three months of the date –

(a)     of its formation; or

(b)     of any notification by the Registrar that he has refused under section 10 to register the trade union; or     

(c)     of the commencement of this Act whichever is the later date.

8. (2)         Every trade union which is not registered or dissolved within the period prescribed in subsection (1) and every officer thereof is liable on summary conviction to a fine of two hundred and fifty dollars for every day it remains unregistered after the expiration of such period.

Rules for registry.
9.         With respect to the registration under this Act of a trade union, and of the rules thereof, the following provisions shall apply:

(a)     an application to register the trade union and its rules shall be sent to the Registrar with copies of the rules and a list of the titles and names of the officers of the trade union;

(b)     the Registrar upon being satisfied that the trade union has complied with the rules respecting registration in force under this Act shall, subject to the provisions of section 1 0, register the trade union and rules;

(c)     no trade union shall be registered under a name identical with that by which any other existing trade union has been registered or so nearly resembling such name as to be likely to deceive the members or the public;

(d)     the Registrar upon registering a trade union shall issue a certificate of registration.

Refusal of registration.
10. (1)         If the Registrar is satisfied that-

(a)     the applicants have not been duly authorised to apply for registration; or

(b)     the purposes of the trade union are unlawful; or

(c)     the application is not in conformity with the provisions of this Act,
he may refuse registration.

10. (2)     When the Registrar refuses to register a trade union he shall forthwith inform the applicants in writing of the grounds of his refusal.

10. (3)         An appeal shall lie to the High Court from a refusal of the Registrar to register a trade union and on the appeal the High Court may make any such order as it thinks proper, including any directions as to the costs of the appeal. Any such order of the High Court shall be final.

10. (4)         The rule making body of the Supreme Court may make Rules governing the appeals, providing for the method of giving evidence, prescribing the time within which the appeals shall be brought, the fees to be paid, the procedure to be followed and the manner of notifying the Registrar of the appeal.

10. (5)         The Registrar shall be entitled to be heard on any appeal.

Cancellation of registration.
11. (1)     The Registrar may cancel the registration of any trade union-

(a)     at the request of the trade union, to be evidenced in such manner as he may direct;

(b)     on proof to his satisfaction that a certificate of registration has been obtained by fraud or mistake, or that the trade union has wilfully, and after notice from the Registrar, violated any of the provisions of this Act or has ceased to exist.

11. (2)     Not less than two months previous notice specifying briefly the grounds of the proposed cancellation, except where the trade union has ceased to exist in which case notice of cancellation may be given forthwith, shall be given by the Registrar to the trade union before the cancellation is effected.

11. (3)     An appeal from the decision of the Registrar under this section shall lie to the High Court subject to the same conditions as are provided for an appeal against the refusal of the Registrar to register a trade union, and the High Court may make rules providing for the same matters for which rules may be made in respect of the appeal. The decision of the High Court shall be final.

Officers of trade union to account.
12. (1)     Every treasurer or other officer of a registered trade union at such times as by the rules thereof he should render such accounts as
hereinafter mentioned, or having been required to do so, shall render to the members thereof, at a meeting of the trade union, a just and true account of all moneys received and paid by him since he last rendered the like account, and of the balance then remaining in his hands and of all bonds and securities of the trade union.

12. (2)     The account shall be audited by some fit and proper person or persons to be appointed by the Registrar.

12. (3)         Upon the account being audited the treasurer or other officer, as the case may be, shall, if thereupon required, hand over to the trade union the balance which on the audit appeared to be due from him and shall also, if required, hand over to the trade union all securities and effects, books, papers and property of the trade union in his hands or custody.

12. (4)         If the treasurer or other officer fails to hand over such things and documents as in subsection (3) required, the committee of management of the trade union or any member of the trade union or the Registrar may sue him for and on behalf of the trade union in any competent Court for the balance appearing to have been due from him upon the account last rendered by him, and for all moneys since received by him on account of the trade union and for the securities and effects, books, papers and property in his hands or custody leaving him to set off in the action the sums, if any, which he may have since paid on account of the trade union; and in any such action the plaintiff shall be entitled to recover full costs of suit to be taxed as between solicitor and client.

Statement of accounts and audit certificate, etc., to be transmitted to the Registrar.
13. (1)         The treasurer of every trade union (or such other officer as is designated in that behalf by the rules of the trade union) shall, on or before the 1st June in every year, cause to be received by the Registrar-

(a)     a statement in the prescribed form of the revenue and expenditure of the trade union during the year preceding the date of the statement;

(b)     a statement in the prescribed form of the assets and liabilities of the trade union at the date of the statement required by paragraph (a);

(c)     an audit certificate in the prescribed form by the person or persons appointed by the Registrar to the effect that the statement of revenue and expenditure and the statement of assets and liabilities have each been audited by the person or persons, as the case may be, who have checked all accounts, receipts, vouchers and books of the trade union relating to transactions during the year in respect of which the statements are made up, and that the statements have been found to be true and correct;

(d)     a return in the prescribed form showing the number of members of the trade union at the date of the statement; and

(e)     a return relating to the year immediately preceding the date of the statements, showing –

(i)     all new rules of the trade union and all alterations to the existing rules made during the period; and

(ii) all changes of officers of the trade union during the period.

13. (2)         In addition to the statements, certificates and returns required by subsection (1), the Registrar may at any time by order in writing require the treasurer or any other officer of a trade union to deliver to him, by a date to be specified in the order, detailed accounts of the revenue, expenditure, assets, liabilities and funds of the trade  union in respect of any period specified in the order, and any accounts so rendered shall include such details and information and be supported by such documents as the Registrar in any case may require.

13.(3)         Every member of a trade union shall be entitled to receive, on application to the treasurer or secretary of the trade union, a copy of all or any of the statements and accounts and of the audit certificate and returns provided for by this section, without making any payment therefor.

13. (4)         Every trade union which and every officer of a trade union who contravenes any of the provisions or requirements of subsection (1) or of an order of the Registrar under subsection (2) and every treasurer and secretary of a trade union who fails to comply with an application made under subsection (3) is liable on summary conviction to a fine of two hundred and fifty dollars.

13. (5)         Upon a conviction for any offence under the provisions of subsection (4), the Magistrate for the district in which the registered office of the trade union is situated may order the offending trade union or any specified officer thereof (whether or not such officer has been convicted) to deliver to the Registrar by a specified date (which shall not be later than fourteen days from the date of the order) -

(a)     all or any of the statements, certificates and returns referred to in subsection (1), in cases where the conviction relates to an offence in respect of the provisions of that subsection;

(b)     all or any of the accounts, including such details, information and documents referred to in any order made by the Registrar under subsection (2), in cases where the conviction relates to an offence in respect of a failure to comply with any such order, and any trade union which and any officer of a trade union who fails to comply with such order is in respect of the failure liable on summary conviction to a fine of one hundred dollars in respect of each day or part of a day during which the failure shall have continued.

13.(6)         Any person who wilfully makes or causes to be made any false entry in or any omission from any of the statements, accounts, certificates or returns required by this section is liable on summary conviction to a fine of three thousand dollars.

Rules of registered trade union.
14.         With respect to the rules of a registered trade union, the following provisions shall have effect:

Schedule.

(a)     the rules of every trade union shall contain provisions in respect of the several matters mentioned in the Schedule;

(b)     a copy of the rules shall be delivered by the trade union to every person on demand on payment of a sum not exceeding twenty- four cents.

Alteration of rules of trade unions.
15. (1)         Every alteration the rules of a registered trade union shall be registered with the Registrar and shall take effect from the date of registration unless some later date is specified in the rules.

15. (2)     The rules of a registered trade union shall not be altered so that they cease to contain provisions in respect of the several matters in the Schedule

Rules.
16. The Minister may make Rules respecting registration under this Act and in paI1icular, but without prejudice to the generality of the foregoing power, with respect to –

(a)     the seal, if any, to be used by the Registrar for the purpose of registration under this Act;

(b)     the forms to be used for the registration and any other forms which may be prescribed under this Act;

(c)     the inspection of registers and documents kept by the Registrar and the making of copies of any entries therein;

(d)    the fees to be charged for registration and inspection and any other service or matter prescribed or permitted by this Act; and

(e)     generally for carrying this Part of this Act into effect.

(a)     that a contract of employment (whether one to which he is party or not) will be broken;

(b)     that he will induce another to break a contract of employment to which that other is a party,

or is capable of giving rise to an action of reparation on the ground only that it so consists.

Intimidation or annoyance.
21.         Any person who, with a view to compelling 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, wrongfully and without legal authority -

(a)     uses violence to, or intimidates, such other person or his wife or children, or injures his property; or

(b) persistently follows such other person about from place to place; or

(c) hides any tools, clothes, or other property owned or used 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 where such other person resides or works or carries on business or happens to be, or the approach to such house or place; or

(e) follows such other person with two or more other persons in a disorderly manner in or through any streets or road,

is liability on summary conviction to a fine of one thousand dollars or to imprisonment for three months.

Peaceful picketing and prevention of intimidation.
22.         Notwithstanding anything contained in this Act, it shall be one or more persons, acting on their own behalf or on behalf of a trade union or of an individual employer or film in contemplation 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, 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.

Saving rules.
23.         All Rules, Regulations or Orders made or given under the Trade Unions Ordinance, 1940 (repealed by this Act) and in force at the time of coming into operation of this Act shall be deemed to have been made and given under this Act and shall continue in force until other provision shall be made by virtue of this Act.

1.Short title.
2.Interpretation.
3.Form of register.
4.Name of trade union.
5.Authority to make application.
6.Form of application.
7.Certificate of registration.
8.Alteration and rescission of rules.
9.Registration of partial alteration of rules.
10.Certificate of registration of partial alteration of rules.
11.Application for registration of complete alteration of rules.
12.Certificate of registration of complete alteration of rules.
13.Withdrawal or cancelling of registration.
14.Notice.
15.Form of withdrawal or cancelling of registration.
16.Notice as to registered office.
17.Change of name.
18.Transfer of stock - form of application.
19.Draft to be submitted.
20.Further proof.
21.Form of transfer.
22.Notice of dissolution.
23.Notice of amalgamation.
24.Nominations.
25.Fees.
26.Authentication of documents.

SCHEDULE.

Short title.
1.        These Regulations may be citied as the Trade Unions Regulations.

Interpretation.
Schedule.
2.         In these Regulations, "Form" identified by a letter means the    Form of that letter set out in the Schedule.     

Form of register.
3.         The form of register of all trade unions registered under the Act shall be such as the Minister may prescribe from time to time.

Name of trade union.
4.         The Registrar shall not register a trade union under a name identical with that of any other existing trade union known to him, whether registered or not registered, or so nearly resembling such name as to be likely to deceive the members of the public.

Authority to make applicator.
5.         Upon an application for the registration of a trade union which is already in operation, the Registrar, if he has reason to believe that the applicants have not been duly authorised by such-trade union to make the same, may, for the purpose of ascertaining the fact, require from the applicants such evidence as may seem to him necessary.

Form of application.
6.         Application for registration of a trade union shall be made in Form A, and shall be accompanied by two printed copies of the rules marked and signed as mentioned in the said Form.

Certificate of registration.
7.        The certificate of registration of a trade union shall be in Form B.

Alteration and rescission of rules.
8.         An alteration of the rules of a trade union may be either –

(a) a partial alteration, consisting of the addition of a new rule or part of a rule or rules to the existing rules, or of the substitution of a new rule or part of a rule or rules for any of the existing rules, or of a rescission of any of the existing rules or any part thereof without any substitution or of more than one or all of those modes; or

(b)     a complete alteration consisting of the substitution of an entire set of rules for the existing set of rules.

Registration of partial alteration of rules.
9.         An application for the registration of a partial alteration of rules must be made by the committee of management of the trade union, and must be made in Form C, and must be accompanied by a statutory declaration in Form D, and by a printed copy of the existing rules, and by the following documents:

(a)     if the partial alteration consists of the addition or substitution of a new rule or part of a rules or rules, two copies of such rule or part of a rules or rules, each copy being marked 0, and signed by each of the applicants;

(b)     if the partial alteration consists of the rescission of any of the rules without any substitution, two copies of the resolution for such rescission, each copy being marked 0, and signed by each of the applicants.

The Registrar, before registering the partial alteration of rules, shall ascertain that the rules of the trade union, if altered in accordance with the proposed partial alteration, will provide for all the matters required by the Act to be provided for by the rules of a registered trade union.

Certificate of registration of partial alteration of rules.
10.         The certificate of registration of a partial alteration shall be in Form E, and shall be delivered to the applicants, attached to one of the copies of the new rule or rules or, when the alteration consists of rescission merely, attached to the old set of rules.

Application for registration of complete alteration of rules..
11.         An application for the registration of a complete alteration of rules shall be made by the committee of management of the trade union, and shall be in Form F, and must be accompanied by a statutory declaration in Form D, and by a printed copy of the existing rules and by two printed copies of the new rules, each copy being marked P and signed by each of the applicants; and the Registrar before registering the new set of rules shall ascertain that it provides for all matters which, by the Act, are to be provided for by the rules of a registered trade union.

Certificate of registration of complete alteration of rules..
12.        The certificate of registration of a complete alteration of rules shall be in Form G, and shall be delivered to the applicants attached to one of the new set of rules.

Withdrawal or cancelling of registration.
13.        Every request by trade union for withdrawal or cancelling of its certificate of registration shall be sent to the Registrar, in Form H.

Notice.
14.        Notice before withdrawal or cancelling of its certificate, where required, shall be in Form I.

Form of withdrawal or cancelling of registration.
15.         The withdrawal or cancelling of certificate shall be in Form J.

Notice as to registered office.
16.        Notice of the situation of the registered office of a trade union and of any change therein shall be given to the Registrar in Form K.

Change of name.
17.         The application for approval, and notice of change of name of a trade union, shall be in Form L and shall be sent in duplicate, accompanied by a statutory declaration in Form M, to the Registrar. The Registrar, before approving the change of name, shall ascertain that the new name is not identical with that of any existing trade union known to him or so nearly resembling the same as to be calculated to deceive; and if the change of name is approved, the word "approved" shall be written at the foot or end of each copy of the application, and the same shall be signed by the Registrar and shall be registered by him.

Transfer of stock form of application..
18.        Every application to the Registrar to direct a transfer of stock shall follow, as near as may be, Form N and shall be accompanied by a statutory declaration in Form O, or as near thereto as the facts admit, and by the certificate of the stock in respect of which the application is made.

Draft to be submitted.
19.        Before making the application, the trade union shall submit to the Registrar for examination a draft copy, on foolscap paper, written on one side only, of the proposed application and declaration.

Further proof.
20.        The Registrar, before directing the transfer, may require further proof of any statement in the application.

Form of transfer.
21.        The Registrar shall give a direction in Form P, so framed in each case as to suit the particular circumstances, and shall register the same and deliver the same to the applicants endorsed with the word "registered" and duly authenticated.

Notice of dissolution.
22.         When a trade union is dissolved, notice of the dissolution shall be given to the Registrar in duplicate in Form Q, and the Registrar shall return one copy to the trade union endorsed with the word "registered" and duly authenticated.

Notice of amalgamation..    
23.        Where two or more trade unions become amalgamated together, notice shall be given to the Registrar in duplicate in Form R, accomby statutory declarations from each such trade union in Form S, and the Registrar shall return to the amalgamated trade union one copy of the notice endorsed with the word "registered" and duly authenticated.

Nominations.
24.         Every registered trade union shall keep a record or register of all nominations made by the members and of all revocations and variations of the same; and for the recording or registering of every such nomination, revocation or variation, the rules of the trade union may require the member nominated to pay a sum not exceeding six cents.

Fees.
25.        The following fees shall be payable under the Act:

For registering a trade union : $20.00

For registering alteration in rules : 5.00

For the certificate of registration of a change of name : 5.00

For a direction to transfer stock : 10.00

For registration of notice of a dissolution : 2.00

For registration of amalgamation : 5.00

For every document required to be authenticated
by the Registrar, not chargeable with any other fee : 3.00

For every inspection on the same day of documents
(whether one or more), in the custody of the Registrar,
relating to one and the same trade union :  2.00

For every copy or extract of any document in the custody of the Registrar $0.10 cents per folio of seventy-two words in addition to the fee for authentication.

No fee is payable for the registration or recording of -

(a)     the cancelling or withdrawal of certificate of registration;

(b)     any notice of change of office;

(c)     any document or copy of document supplied to a public department;

(d)     any document in respect of which a fee is already chargeable under or by virtue of this Act, or of any other Act.

The Registrar may also dispense with the fee for inspection of documents in cases where he may consider it for the public interest to do so.

All fees taken under this Act shall be paid in cash.

Authentication documents.
26.         Every document under the Act, bearing the signature of the Registrar, shall be deemed to be duly authenticated for the purposes of the Act and the Regulations made thereunder.
 

(1)     two printed copies, each marked A, of the rules;

(2)     a list, marked B, of the titles and names of the officers;

(3) a general statement, marked C, * showing -

*This will be necessary in cases where the trade union has been in operation more than a year previous to the date of the application.    

(a)     the assets and liabilities of the ………………..at the date up to which the statement is made out;
        
(b)     the receipts and expenditure of ………………… during the year preceding the date up to which the statement is made out, such expenditure being set forth under separate heads corresponding to the several objects of the trade union.

14. ** We have been duly authorised by the trade union to make this application on its behalf such authorisation consisting of -

** This will only be necessary where the trade union has been in operation before the date of the application.

(Signed)        1.
                    2.
                    3.
                    4.    
                    5.
                    6.
                    7.


……….day of …………., 19……

In paragraph 14 must be stated whether the authority to make this application was given by a "resolution of a general meeting of the trade union", or, if not, in what other way it was given.

The two copies of rules must be signed by the members signing this application. The application should be dated, and forwarded to "The Registrar of Trade Unions".

Short title.
1.         These Rules may be cited as the Trade unions (appeals) Rules.

Interpretation.
2.         In these Rules -

means the High Court;

"Registrar" means a registrar of trade unions.

Method of bringing appeals.
3.         All appeals to the Court from a refusal of the Registrar to register a trade union or against the Registrar's decision to cancel the registration of a trade union shall be commenced by originating notice of motion within two months of the decision of the Registrar or within such further time as the Registrar of the Court may think fit to allow, and the rules of the Court for the time being in force shall (except if and so far as otherwise provided by these Rules) apply to all proceedings on any such appeal.

Notice of motions.
4.         The notice of motion shall be headed with a reference to the Act and also with a reference to the decision of the Registrar which is appealed against and shall contain or have scheduled or annexed thereto a concise statement of the grounds of the appeal, and no grounds other than those comprised in such statement shall (except with the leave of the Court and on such terms, if any, as the Court thinks just) be allowed to be taken by the appellant at the hearing of the motion.

Directions of Court in relation to motion.
5. (1)         The Court may at any stage of the motion direct that the same be served on any persons that the Court may think proper:

Provided always that, except where the trade union or alleged trade union in question are themselves the appellants, such trade union or alleged trade union, or any person who appeared before the Registrar and in whose favour he decided shall (unless the Court otherwise orders) be respondents or one of the respondents to the motion.

5. (2)         At any stage of the motion the Court may, if it appears to be expedient to do so, cause notice to be given by advertisement or otherwise of the time when the motion will be, or is likely to be, heard and disposed of, or otherwise make provision for enabling any person interested in the trade union or alleged trade union in question or in the subject matter of the appeal to appear and be heard on the motion.

5. (3)         At any stage of the motion the Court may, if it thinks fit, give any such special directions for the hearing and disposal of the motion either on affidavit evidence or with witnesses or otherwise and generally at such time and in such manner as may be just and convenient

Powers of the Court.
6.         In all proceedings on any such appeal the Court shall have all the Powers of the powers vested by the Act in the Registrar, and may make any order Court, which might or ought to have been made by the Registrar.

Hearings of appeals.
7.         All appeals shall be heard in Chambers unless the Court other- Hearings of appeals, wise directs.

Costs.
8.         In all proceedings on any such appeal the costs of and incident Costs, thereto, including the costs of and incident to any proceedings before the Registrar, shall be in the discretion of the Court.