Labour Code 2012 - Government of Montserrat

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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
MONTSERRATLABOUR CODE, 2012No. 20 of 2012and to pay a further sum of $7,000.00 together withcosts of $10,000.00.(2) If the person, against whom an order is made undersubsection (1), fails to comply with the order, theMagistrate may order that person to be imprisoned for aperiod of 3 months.(3) Despite subsection (1)—157. Regulations(a) a trade union is not prevented from proceeding byindictment against a party; and(b) a person shall not be proceeded against byindictment if a conviction was previously obtainedagainst that person for the same offence under theprovisions of this Code.The Governor acting on the advice of Cabinet may makeregulations for—(a) the registration of a trade union;(b) the forms to be used;(c) the seal to be used for registration;(d) the inspection of documents kept by the Registrar;(e) the fees to be paid;(f) carrying this Code into effect.158. Rules of registered unionsA trade union shall deliver to a person on demand acopy of its rules on payment of a sum not exceeding$100.00.159. Registered office of union(1) A trade union registered under this Code shall have aregistered office to which all communications andnotices may be addressed.(2) A trade union shall give notice of the situation of theregistered office, and of any change, to the Registrar,95
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Labour Code 2012 - Government of Montserrat

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