Section 5: Registration of trade unions

5. Registration of trade unions (1) The Registrar may register a trade union where— (a) section 4 has been complied with; (b) the rules of the trade union comply with this Act and the Constitution; (c) the name of the trade union is not the same as that of a registered trade union or does not bear close resemblance to that of a registered trade union; (d) in the case of a trade union of workers that has public officers as members, membership is limited to public officers; [Issue 9] E9A – 8 Revised Laws of Mauritius (e) in the case of a trade union of workers, it has a minimum of 30 members; (f) in the case of a trade union of employers, it has a minimum of 5 members. (2) The Registrar shall, not later than 30 days after the receipt of— (a) an application for registration; or (b) information required under section 4 (3), register or refuse to register the trade union. continued on page E9A – 9 E9A – 8 (1) [Issue 9] Revised Laws of Mauritius (3) — (4) Subsection (1) (d) shall not apply in relation to the registration of a federation or confederation comprising civil service unions and other trade unions. (5) Where the Registrar registers a trade union under subsection (2), he shall publish a notice of registration in the Gazette and in 2 daily newspapers, specifying, inter alia, the address of the registered office. (6) Where the Registrar refuses to register a trade union, he shall, within 7 days of his decision, give written notice to the applicant trade union, stating the grounds of the refusal. (7) An applicant trade union aggrieved by a decision not to register the trade union under subsection (2) may, within 21 days of the giving of the written notice under subsection (6), appeal to the Tribunal against that decision. (8) Any other registered trade union aggrieved by a decision of the Registrar to register a trade union may, within 21 days of the publication of the notice in the Gazette, appeal to the Tribunal against that decision. (9) The Tribunal shall hear and determine an appeal made under subsection (7) or (8) within 90 days of the date of lodging of the appeal. (9A) An appeal under subsection (8) shall be heard in the presence of the trade union registered under subsection (2). (10) A trade union which has not obtained its registration, whether by the Registrar or on appeal, shall be dissolved forthwith and be wound up within 30 days of the decision of the Registrar, or the decision on appeal, as the case may be. (11) Where a trade union is not wound up within the time specified in subsection (10), every officer of the trade union shall commit an offence and the trade union shall be wound up by the Registrar in the prescribed manner. [S. 5 amended by s. 4 of Act 5 of 2013 w.e.f. 11 June 2013.]