Section 7: Cancellation of registration

7. Cancellation of registration (1) The registration of a trade union may be cancelled on the ground that— (a) the trade union has ceased to exist or function; (b) the registration was obtained by fraud or misrepresentation; E9A – 9 [Issue 5] Employment Relations Act (c) the membership of the trade union has fallen below the required minimum specified in section 5 (1) (e) or (f); (d) the trade union has persistently been infringing the requirements of its rules or Parts II and III and has failed to remedy the default, within such time limit as may be specified in a notice of default issued by the Registrar; or (e) in the case of a trade union that has public officers as members, membership has not been limited to public officers. (2) Where the Registrar— (a) receives an application from a registered trade union for the cancellation of another trade union on any of the grounds specified in subsection (1); or (b) after examination of returns submitted under section 25, has reasonable cause to believe that the registration of a trade union should be cancelled, he shall, by written notice, require the trade union to show cause, within such time limit as may be specified in the notice, why the registration should not be cancelled. (3) Where the Registrar is of the opinion that the registration of a trade union should be cancelled on any of the grounds under subsection (1), or where the trade union fails to show cause, or objects to the application for cancellation as required under subsection (2), the Registrar shall apply to the Tribunal for cancellation. (4) Where, on an application under subsection (3), the Tribunal is satisfied that the registration of a trade union should be cancelled, the Tribunal may adjourn the hearing so as to allow the trade union to remedy the default or failure, or may direct the Registrar to cancel the registration of the trade union. (5) Where, after an adjourned hearing, the Tribunal finds that the trade union has not taken adequate steps to remedy the default or failure, it shall direct the Registrar to cancel the registration of the trade union. (6) The Tribunal shall complete its proceedings within 90 days of the date of application for cancellation under subsection (3). (7) Where the Tribunal directs the cancellation of the registration of a trade union, the order shall also provide for the disposal of the assets of the trade union as provided for in the rules of that trade union or, in the absence of such rules, as the Tribunal may order. (8) Where the registration of a trade union is cancelled— (a) the Registrar shall publish a notice of the cancellation in the Gazette and in at least 2 daily newspapers; (b) the trade union shall forthwith cease to engage in any trade union activity; and [Issue 5] E9A – 10 Revised Laws of Mauritius (c) the trade union shall be wound up within 30 days or such longer period as the Registrar may allow, after the date of publication of the notice in the Gazette under paragraph (a) or, where there is an application for judicial review, within 30 days of the judgment of the Supreme Court confirming the order of the Tribunal, as the case may be. (9) Where a trade union is not wound up within the time specified in subsection (8) (c), every officer of that union shall commit an offence and the trade union shall be wound up by the Registrar in the prescribed manner. (10) Any party aggrieved by the decision of the Tribunal may apply for a judicial review and the Supreme Court may s where there is an application for judicial review, within 30 days of the judgment of the Supreme Court confirming the order of the Tribunal, as the case may be. (9) Where a trade union is not wound up within the time specified in subsection (8) (c), every officer of that union shall commit an offence and the trade union shall be wound up by the Registrar in the prescribed manner. (10) Any party aggrieved by the decision of the Tribunal may apply for a judicial review and the Supreme Court may stay execution of the decision of the Tribunal pending the determination of the application. [S. 7 amended by s. 5 of Act 5 of 2013 w.e.f. 11 June 2013.]