SAINT VINCENT AND THE GRENADINES
REVISED EDITION 1990
CHAPTER 154
TRADE UNIONS RULES
Booklet 1
S. R. 0. 95 of 1952 amended by
* Act 3 of 1978
Commencement: 11th November 1952
1. These Rules may be cited as the Trade Unions Rules.
Form of register.
2. The form of register of all trade unions registered under the Act shall be such as may be prescribed.
Name of trade union.
3. 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 or the public.
Authority to make application.
4. Upon 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.
5. Application for registration of a trade union shall be made in Form A in the Schedule, shall be signed by the applicants in the presence of the Registrar, and shall be accompanied by two printed copies of the rules, marked and signed, as mentioned in the said Form.
Certificate of registration.
6. The certificate of registration of a trade union shall be in Form B in the Schedule.
Alteration and rescission of rules. 7. Alteration and rescission of rules. An alteration of the rules of a trade union may be either -
(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 pan of a rule or rules for any of the existing rules, or of a rescission of any of the existing rules or any pan 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.
8. (1) An application for the registration of a partial alteration of rules must be made by seven members of the trade union, and must be made in Form C in the Schedule, and must be accompanied by a statutory declaration in Form D in the Schedule, 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 rule or rules, two copies of such rule or part of a rule 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.
8. (2) 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. 9. The certificate of registration of a partial alteration shall be in Form E in the Schedule, 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 or rules.
Application for registration of complete alteration of rules.
10. (1) An application for the registration of a complete alteration of the rules shall be made by seven members of the trade union, shall be signed by them in the presence of the Registrar, and shall be in Form F in the Schedule and must be accompanied by
(i) a statutory declaration in Form D;
(ii) a printed copy of the existing rules; and
(iii) two printed copies of the new rules, each copy being marked P and signed by each of the applicants.
10. (2) The Registrar, before registering the new set of rules, shall ascertain that it provides for all the 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. 11. The certificate of registration of a complete alteration of rules shall be in Form G in the Schedule, and shall be delivered to the applicants attached to one of the copies of the new set of rules.
Withdrawal or cancellation of registration.
12. Every request by a trade union for withdrawal or cancellation of its certificate of registration shall be sent to the Registrar in Form H in the Schedule.
Notice.
13. Notice before withdrawal or cancellation of a certificate, where required, shall be in Form I in the Schedule.
Form of withdrawal or cancellation of registration.
14. The withdrawal or cancellation of a certificate shall be in Form J in the Schedule.
Forms required by section 25 of the Act.
15. The forms to be used in preparing the various statements, certificates and returns for transmission to the Registrar, as required by section 25 of the Act, shall be in Forms K, L, M and N respectively in the Schedule.
Notice of dissolution. 16. When a trade union is dissolved notice of the dissolution shall be given to the Registrar in duplicate, in Form 0 in the Schedule, and the Registrar shall return one copy to the trade union endorsed with the word registered and duly authenticated.
Fees. 17. (1) The following fees shall be payable under the Act -
(a) for registering a trade union; $5.00
(b) for registering alterations in rules; $2.50
(c) for registration of notice of dissolution; $0.50
(d) for every document required to be
authenticated by the Registrar, not chargeable with any
other fee; $1.00
(e) 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; $0.50
(f) for every copy or extract of any document in the custody of the Registrar8 cents per folio of
72 words in addition to the fee for authentication;
17. (2) No fee shall be payable for the registration or recording of
(a) the cancellation or withdrawal of a certificate of registration;
(b) any document, or copy of a document, supplied to a public department;
(c) any document in respect of which a fee is already chargeable under or by virtue of the Trade Unions Act or any other Act.
Authentication of documents.
18. 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.
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Rule 5
Application for registration of trade union
1. This application is made by the seven persons whose names are subscribed at the foot hereof.
2. The name under which it is proposed that the trade union on behalf of which this application is made shall be registered is____________ as set forth in rule To the best of our belief there is no other existing trade union, whether registered or not registered, the name of which is identical with the proposed name or so nearly resembles the same as to cause confusion.
3. The place of meeting for the business of the *name of trade union* and the office to which all communications and notices may be addressed is at __________ as set forth in rule
4. The *name of trade union* was established on the _____ day of ______ .
5. The whole of the objects for which the *name of trade union* is established and the purposes for which the funds thereof are applicable are set forth in rule
6. The conditions under which members may become entitled to benefits assured are set forth in rule
7. The fines and forfeitures to be imposed on members are set forth in rule
8. The manner of making, altering, amending and rescinding rules, is set forth in rule
9. The provision for the appointment and removal of a general committee of management, of a treasurer and other officers, is set forth in rule
10. The provision for the investment of funds, for their deposit in a bank and for an annual or periodical audit of accounts is set forth in rule
11. The provision for the inspection of the books and names of the members of every person having an interest in the funds is set forth in rule
12. The provision for the manner of dissolving the trade union is set forth in rule
13. Accompanying this application are sent -
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
*name of trade union* at that date set up to which the statement is made out.
(b) The receipts and expenditure of *name of trade union* during the of the year preceding the
*this date to be fixed by the Registrar* up to which the statement is made out, such expenditure being set forth under separate heads corresponding to the several objects of trade union, the trade union.
14. §this will only be necessary where the trade union has been in operation before the date of the application§ We have been duly authorised by the trade union to make this application on its behalf, such authorisation consisting of -
(signed) 1. 2. 3. 4. 5.
6. 7. in the presence of *Registrar of Trade Unions*.
Dated this_____ 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 seven members signing this application.
Rule 6
Certificate of registration of trade union
It is hereby certified that the____________ has been registered under the Trade Unions Act, this ___________ day of ___________ 19
________________
Registrar
Rule 8
Application for registration of partial alteration of rules
Register No. _____________
___________________ Trade Union.
This application for the registration of a partial alteration of the rules of the _________ trade union is made by the seven persons whose names are subscribed at the foot hereof.
With this application are sent -
(a) a printed copy of the registered rules marked to show where and in what way they are altered;
(b) two printed (or written) copies of the alteration, each marked 0, signed by each of the applicants;
(c) a statutory declaration of an officer of this trade union, that in making the alteration of rules now submitted for registration, the rules of the _______ trade union were duly complied with.
2. We have been duly authorised by the _____________ trade union to make this application on its behalf, such authorisation consisting of a resolution passed at a general meeting on the
* here insert the date, or if there was no resolution state in what other way the authorisation was given* ________ day of ____________ 19 ___
(signed) 1. 2. 3. 4. 5.
6. 7.
_______day of ______19__
To the Registrar of Trade Unions.
Rule 8
Declaration accompanying alteration of rules
Register No. _____________
___________________ Trade Union.
I ________ of _____________ an officer of the above-mentioned trade union, do solemnly and sincerely declare as follows: that in making the alteration of the rules of the trade union, the application for the registration of which is appended to this declaration, the rules of the said trade union have been duly complied with.
I make this declaration conscientiously believing the same to be true, and according to the Declarations in Lieu of Oaths Act (Cap. 157), and I am aware that if there is any statement in this declaration which is false in fact, which I know or believe to be false or do not believe to be true, I am liable to fine and imprisonment.
Declared at _________________
This _________________ day
of _______________________ 19___ Before me,
Rule 9
Certificate of registration of partial alteration of rules
Register No. _____________
___________________ Trade Union.
It is hereby certified that the foregoing partial alteration has been registered under the above-mentioned Act this _________ day of _________ 19 __
______________
Registrar
Rule 11
Form of application for registration of complete alteration of rules
Register No. _____________
___________________ Trade Union.
1. This application for the registration of a complete alteration of the registered rules of the ___________________ trade union is made by the seven persons whose names are subscribed at the foot hereof.
2. The complete alteration submitted for registration is the substitution of the set of rules, two printed copies of which (each copy marked P, and signed by the applicants) accompany this application, for the set of rules already registered.
3. The name under which it is proposed that the trade union on behalf of which this application is wade shall be registered is _____________ as set forth in rule To the best of our belief there is no other existing trade union, whether registered or not registered, the name of which is identical with the proposed name, or so nearly resembles the same as to cause confusion.
4. The place of meeting for the business of the *name of trade union* and the office to which all communications and notices may be addressed is at _________________ as set forth in rule
5. The *name of trade union* was established on the_______ day of __________ 19 __
6. The whole of the objects for which the *name of trade union* is established, and the purposes for which the funds thereof are applicable, are set forth in rule
7. The conditions under which members may become entitled to benefits assured are set forth in rule
8. The fines and forfeitures to be imposed on members are set forth in rule
9. The manner of making, altering, amending, and rescinding rules is set forth in rule
10. The provision for the appointment and removal of a general committee of management, of a treasurer, and other officers, is set forth in rule
11. The provision for the investment of funds, and for their deposit in a bank, and for an annual or periodical audit of accounts is set forth in rule
12. The provision for the inspection of the books and names of the members by every person having an interest in the funds is set forth in rule
13. The provision for the manner of dissolving the trade union is set forth in rule
14. This application is accompanied by a statutory declaration of __________, an officer of the said trade union, to the effect that in making the alteration of rules now submitted for registry the rules of the trade union were duly complied with.
15. We have been duly authorised by the _______________ Trade Union make this application on its behalf, such authorisation consisting of a resolution passed at a general meeting held on the *here insert the date, or if there was no resolution state in what other way authorisation was given* day of __________ 19 ___ (signed) 1. 2. 3. 4. 5.
6. 7.
_______day of ______19__
To the Registrar of Trade Unions.
Rule 11
Certificate of registration of complete alteration to Rules
Register No. _____________
___________________ Trade Union.
It is hereby certified that the set of rules, a copy whereof is appended hereto, has been registered under the above-mentioned Act in substitution for the set of rules already registered for the _____________ trade union this ________ day of ________________ 19 ___
_______________________ Signature of Registrar
Rule 13
Request to withdraw or cancel certificate of registration
Register No. _____________
___________________ Trade Union.
To the Registrar.
1. The above-mentioned trade union desires that its certificate of registration under the Trade Unions Act, Cap. 1.54, may be withdrawn (or cancelled) on the following ground, viz: (state reason for desiring the request withdrawal or cancellation of certificate of registry) and at a general meeting *If not at a general meeting, state in what manner the request has been determined upon* duly held on the ____________day of __________19 ___ it resolved as follows:
That the trustees be authorised to request the Registrar to withdraw (or cancel) the certificate of registration of this trade union. 2. This request is made by the trustees accordingly.___________________
___________________ ___________________
Registered Office ______________________ Date ____________________________19 ____
Rule 13
Notice before withdrawal or cancellation of certificate of registration
Register No. _____________
___________________ Trade Union.
Notice is hereby given to the above-mentioned trade union that it is the intention of the Registrar to proceed on the *This will be not less than two months after the date of the notice* ________ day of _________19 ___ to cancel (or to withdraw) the registration of the trade union, unless cause be shown to the contrary in the meantime.
The ground of such proposed cancellation (or withdrawal) is that the certificate of registry has been obtained by fraud (or mistake), or that the registry of the trade union has become void under s. 15 of the Trade Unions Act (Cap. 154) or that the trade union has wilfully, and after notice from me, violated the provisions of the abovementioned Act or has ceased to exist. (The facts should be briefly specified where practicable.)
Signature ____________________________ Registrar Date ________________19 __
Rule 14
Withdrawal or cancellation of certificate of registration
Register No. _____________
___________________ Trade Union.
The certificate of registration of the above-mentioned trade union is hereby withdrawn or cancelled at its request (or, as the case may be).
The Registrar may, if he thinks fit, acid a statement, as in Form I of the ground of the cancelling.
Signature ____________________________ Registrar Date ________________19 __
Rule 15 Statement of accounts etc. of ______________ union for the year ended
__________ as required by section 25 of the Trade Unions Act.
| Revenue |
$ |
Expenditure |
$ |
1. Members’ Dues—
(i)
Male
members
(a)
Entrance
fees
(b)
Subscriptions
(c)
Levies,
etc.
(ii)
Female
Members
(a)
Entrance
fees
(b)
Subscriptions
(c)
Levies,
etc.
|
|
1. Benefits—
(a)
Dispute pay
(b) Death
and funeral
(c) Sickness
(d)
Unemployment
(e) Old age
(f) Other
(details)
Total
|
|
2.
Investments—Income
from
(details) |
|
2. Management
(a)
Salaries (b)
Traveling expenses of officers of union (c) Rent, rates, taxes (d) Stationery, printing, postage, etc
|
|
3. Gifts, etc. (outside financial
assistance) |
|
3. Other
expenditure—(details) |
|
4. Other sources (e.g. funds
transferred from
other unions in
amalgamation, contributions from
other unions, etc.) |
|
Balance at end of year Treasurer |
|
Rule 15
|
Statement of
assets $ |
Statement of
liabilities $ |
The assets of the Union on ____________ day of ___________________ being the last day of the year above mentioned were: Cash~ balance as shown above Furniture, fixtures and other property Real estate - premises situate at Any other property or securities (name them) |
|
To
be signed by—
Treasurer |
To
be signed by—
President, secretary
or accountant of the union other than the treasurer) |
AUDITORS CERTIFICATE
I / We the undersigned auditor/auditors, duly appointed by the Registrar under section 24 of the Trades Union Act, do certify that the foregoing statement of revenue and expenditure together with statement of assets and liabilities have each been audited by me/us and that 1/We have had access to and have checked all accounts, receipts, vouchers and books of the trade union relating to transactions during the twelve months in respect of which the statements are made up, and that such statements have been found to be true and correct. Auditor ____________________________
Auditor
____________________________
(Place)
____________________________
(Date)
____________________________
Rule 15
Membership return
_________________________ union for the year ending ________________ 19 ___
(a) No. of members whose contributions are not in arrears.
|
Section |
Males |
Females |
Total |
|
(1) |
|
|
|
|
(2) |
|
|
|
|
(3) |
|
|
|
|
etc |
|
|
|
|
Totals |
|
|
|
(b) No. of members whose contributions are in arrears but who have not ceased to be members.
|
Section |
Males |
Females |
Total |
|
(1) |
|
|
|
|
(2) |
|
|
|
|
(3) |
|
|
|
|
etc |
|
|
|
|
Totals |
|
|
|
_____________________________
Treasurer (or other officer of trade union)
Rule 15
Return of new rules, alterations to existing rules
and changes of officers during year ending 31st December, 19__
| Name of Union |
Subject matter of new rule & date of registration |
Reference to existing rule, extent of alteration & date of registration |
Change of officers and date of change |
|
|
|
|
_____________________________ Treasurer (or other officer of trade union)
Rule 16
Notice of dissolution
Register No. _____________
___________________ Trade Union.
To the Registrar of Trade Unions
Notice is hereby given that the above-mentioned trade union was dissolved in pursuance of the rules thereof on the ______________________ day of ______
1. __________Secretary.
2. __________Member.
3. __________Member.
4. __________Member.
5. __________Member.
6. __________Member.
7. __________Member.
8. __________Member
Name and address to which the registered copy is to be returned
Date ________________19 __ _________________________
|
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