Singapore legislation

Section 15

of Trade Unions Act 1940

Section 15

Cancellation or withdrawal of registration

(1)

A certificate of registration of a trade union may be withdrawn or cancelled by the Registrar —

(a)

at the request of the trade union upon its dissolution to be verified in such manner as the Registrar may require;

(b)

if he is satisfied —

(i)

that the certificate of registration was obtained by fraud or mistake;

(ii)

that any one of the objects or rules of the trade union is unlawful;

(iii)

that the constitution of the trade union or of its executive is unlawful;

(iv)

that the trade union is being used for any unlawful purpose or for any purpose inconsistent with its objects and rules;

(v)

that the trade union has rescinded any rule providing for any matter for which provision is required by section 38 or has wilfully and after notice from the Registrar —

(A)

contravened any provision of this Act or allowed any rule to continue in force which is inconsistent with that provision; or

(B)

allowed any rule to continue in force which is in the opinion of the Registrar oppressive or unreasonable;

(vi)

that the funds of the trade union are expended in an unlawful manner or on an unlawful object or on an object not authorised by the rules of the trade union; or

(vii)

that the trade union has ceased to exist;

(c)

if he is satisfied in the case of a trade union of workmen in a particular trade, occupation or industry, that it is being used or is likely to be used against the interests of workmen in that particular trade, occupation or industry; or

(d)

if he is of the opinion in the case of a trade union of workmen in a particular trade, occupation or industry and having regard to the existence of another trade union or other trade unions of workmen in the same trade, occupation or industry that it is necessary in the interests of the workmen in that particular trade, occupation or industry, to cancel or withdraw the certificate of registration of the trade union.

(2)

Except in a case falling within subsection (1)(a), not less than 2 months previous notice in writing specifying the ground on which it is proposed to withdraw or to cancel its certificate of registration shall be given by the Registrar to a trade union before the certificate is withdrawn or cancelled.

(3)

A trade union served with a notice under subsection (2) may, at any time within a period of 2 months reckoned from the date of the notice, show cause in writing against the proposal to withdraw or to cancel its certificate of registration, as the case may be.

(4)

If such cause under subsection (3) is shown, the Registrar may hold such inquiry as he may consider necessary in the circumstances.

(5)

The Registrar may, after the expiration of the period of 2 months referred to in subsection (3), withdraw or cancel the certificate of registration of any trade union which has failed duly to show cause under that subsection, or which, having so shown cause, has failed to satisfy him that its certificate of registration should not be withdrawn or cancelled, as the case may be.

(6)

An order made by the Registrar under this section withdrawing or cancelling the certificate of registration of any trade union —

(a)

shall be dated as of the date on which it was made;

(b)

shall specify briefly the grounds for the withdrawal or cancellation of the certificate of registration; and

(c)

shall immediately be served on the trade union.

Read in full context — Trade Unions Act 1940 →