Singapore legislation
Clause 16
Clause 16
Transitional provisions
(1)
Every association or combination of workmen or employers registered as a trade union before the commencement of this Act and which ceases to be a trade union by virtue of section 2 of this Act shall be entitled to continue to be so registered for a period of one year from the commencement of this Act for the purpose of resolving its affairs, and the provisions of the principal Act shall continue to apply to such trade union so long as it continues to be so registered.
(2)
After the expiration of one year from the commencement of this Act, the Registrar shall cancel any certificate of registration issued to such trade union and the Registrar shall within seven days of such cancellation give to the trade union notice in writing to that effect.
(3)
Section 19 of the principal Act shall apply to any trade union whose certificate of registration has been cancelled by the Registrar under this section.
(4)
Where the certificate of registration of any trade union is cancelled under this section —
the property of the trade union shall forthwith vest in the Official Assignee in Bankruptcy; and
the Official Assignee in Bankruptcy shall proceed to wind up the affairs of the trade union and, after satisfying and providing for all debts and liabilities of the trade union and the costs of winding up, shall with the approval of the Minister pay the surplus assets, if any, to any society registered under the Societies Act (Cap. 262), and consisting of the majority of the members of the trade union.
(5)
Where for any reason the surplus assets have not been or cannot be paid to a society in accordance with subsection (4), the Official Assignee in Bankruptcy shall pay those surplus assets —
where the Minister so directs, into the Workers’ Fund established under the Workmen’s Compensation Act, 1975 (Act 25 of 1975); or
in the absence of a direction from the Minister, in accordance with the rules of the trade union.
(6)
Where no direction is given by the Minister under paragraph (a) of subsection (5) and the surplus assets or part thereof cannot be paid in accordance with the rules of the trade union either because the members cannot be found or no meeting of the members is possible or for any other good and sufficient reason, such surplus assets shall be paid into the Workers’ Fund.