Trade Unions Act 1940 · 2020 Revised Edition · Part 3 · Registration
15. Cancellation or withdrawal of registration
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A certificate of registration of a trade union may be withdrawn or cancelled by the Registrar —
trade union
“trade union” means any association or combination of workmen or employers, whether temporary or permanent, whose principal object is to regulate relations between workmen and employers for all or any of the following purposes:(a)to promote good industrial relations between workmen and employers;(b)to improve the working conditions of workmen or enhance their economic and social status;(c)to achieve the raising of productivity for the benefit of workmen, employers and the economy of Singapore,and includes any federation;
at the request of the trade union upon its dissolution to be verified in such manner as the Registrar may require;
if he is satisfied —
that the certificate of registration was obtained by fraud or mistake;
that any one of the objects or rules of the trade union is unlawful;
that the constitution of the trade union or of its executive is unlawful;
that the trade union is being used for any unlawful purpose or for any purpose inconsistent with its objects and rules;
that the trade union has rescinded any rule providing for any matter for which provision is required by section 38 or has wilfully and after notice from the Registrar —
contravened any provision of this Act or allowed any rule to continue in force which is inconsistent with that provision; or
allowed any rule to continue in force which is in the opinion of the Registrar oppressive or unreasonable;
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
that the trade union has ceased to exist;
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
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.
In addition to subsection (1), a certificate of registration of a federation may be cancelled or withdrawn by the Registrar if the Registrar —
is of the opinion that the federation is being used or is likely to be used against the interests of —
the workmen in any trade, occupation or industry with which any constituent trade union is connected; or
in the case of a combined federation, the workmen mentioned in sub-paragraph (i) or the platform workers providing any platform service with which any constituent platform work association is connected or both; or
having regard to the matters in subsection (1B), is of the opinion that it is necessary in the interests of the persons mentioned in subsection (1B)(a)(i) or (ii) to cancel or withdraw the certificate of registration of the combined federation.
The matters mentioned in subsection (1A)(b) are the following:
that a federation comprises —
one or more trade unions in respect of the workmen in a particular trade, occupation or industry; and
in the case of a combined federation, also one or more platform work associations in respect of the platform workers providing a particular platform service;
the existence of any other federation which comprises —
one or more trade unions in respect of the workmen in the same trade, occupation or industry mentioned in paragraph (a)(i); or
in the case of a combined federation, also one or more platform work associations in respect of the platform workers providing the same platform service mentioned in paragraph (a)(ii).
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.
Registrar
“Registrar” means the person for the time being appointed by the Minister under section 3 by name or by office to be or to act as Registrar of Trade Unions, and includes any person appointed by the Minister under section 4 to be or to act as an Assistant Registrar of Trade Unions;
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.
If such cause under subsection (3) is shown, the Registrar may hold such inquiry as he may consider necessary in the circumstances.
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.
An order made by the Registrar under this section withdrawing or cancelling the certificate of registration of any trade union —
shall be dated as of the date on which it was made;
shall specify briefly the grounds for the withdrawal or cancellation of the certificate of registration; and
shall immediately be served on the trade union.