Section 12: Amendment of rules or change of name

12. Amendment of rules or change of name (1) Subject to subsection (2), a trade union may, in accordance with its rules, amend its rules or change its name by a resolution approved at a general assembly. (2) An amendment to the rules or change of the name of a trade union shall not have effect until it is registered with the Registrar. (3) An application for registration pursuant to subsection (2) shall be made in the approved form to the Registrar within 30 days of the date of the resolution approving the amendment or change and shall be accompanied by— (a) 2 certified copies of the amendment of rules; (b) a certified copy of the minutes of proceedings of the general assembly where such resolution was approved; and (c) the prescribed fee. (4) The Registrar may, by written notice, within 14 days of the receipt of an application under subsection (3), require the applicant trade union to provide any additional information which he may reasonably require for the purpose of considering the application. (5) The Registrar shall, within 21 days of— (a) the receipt of the application for a change of name; or (b) the receipt of the information required under subsection (4), register the change of name, where the name of the trade union is not the same as that of any other registered trade union or does not bear close resemblance to that of a registered trade union, or refuse to register the change of name. (6) The Registrar shall, within 21 days of— (a) the receipt of the application for amendment of the rules of the trade union; or (b) the receipt of the information requested for under subsection (4), register or refuse to register such amendment. (7) The Registrar shall, within 14 days of the registration of the change of name under subsection (5), publish in the Gazette and in 2 daily newspapers a notice of the change of name of the trade union. (8) Any trade union aggrieved by the decision of the Registrar to register a change of name under subsection (5) may appeal against the decision to [Issue 5] E9A – 12 Revised Laws of Mauritius the Tribunal within 21 days of the publication of the notice under subsection (7) and on hearing the parties, the Tribunal may confirm or order the revocation of the decision of the Registrar. (8A) An appeal under subsection (8) shall be heard in the presence of the trade union of which the change of name has been registered under subsection (5). (9) The Registrar shall, on registering an amendment of the rules or a change of the name of a trade union, issue to the trade union a certificate in the approved form. (10) Where the Registrar refuses to register an amendment of the rules or a change of the name of a trade union, he shall, within 14 days of his decision, give written notice thereof to the applicant trade union, stating the grounds for his refusal. (11) Any applicant trade union aggrieved by the decision of the Registrar under subsection (10) may appeal against the decision of the Registrar to the Tribunal within 21 days of the receipt of the notice under subsection (10) and, on hearing the parties, the Tribunal may confirm or order the revocation of the decision of the Registrar. (12) The Tribunal shall hear and determine an appeal made under subsection (8) or (11) within 90 days of the date of lodging of the appeal. [S. 12 amended by s. 6 of Act 5 of 2013 w.e.f. 11 June 2013.]