Labour Code 2012 - Government of Montserrat

MONTSERRATLABOUR CODE, 2012No. 20 of 2012(c) on the expiry of his term of office; or(d) whenever required to do so by the rules of the tradeunion,render to the trade union a true account of all moniesreceived and paid by him since his appointment or sincehe last rendered an account, whichever is the later.(2) The books and accounts kept under subsection (1) shallbe audited by the auditor at least once a year.(3) Where an officer leaves office, he shall hand over to hissuccessor or to the trade union any funds or property ofthe trade union in his possession, custody or under hiscontrol, failing which the trade union may sue theofficer before the High Court to recover the funds orproperty.(4) Every secretary shall keep minutes of all meetingsincluding branch meetings of a trade union.156. Withholding or misapplying trade union effects(1) If an officer, member or other person, being orrepresenting himself to be a member of a trade unionregistered under this Code, or the nominee, executor,administrator or assignee of a member thereof, or anyperson whatsoever—(a) by false representation or imposition, obtainspossession of any funds or property of that tradeunion; or(b) having any funds or property of that trade union inhis possession, wilfully withholds or fraudulentlymisapplies the same, or wilfully applies any part ofthe same to purposes other than those expressed ordirected in the rules of the trade union,the Magistrate, upon a complaint made by a person onbehalf of the trade union or by the Registrar, may orderthat officer, member or other person to deliver up anyfunds or property of that trade union to the trade unionor to repay the amount of money applied improperly,94