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[F.A.Q.]
Papua New Guinea Consolidated Legislation |
Chapter 173.
Industrial Organizations Act 1962.
Certified on: / /20 .
INDEPENDENT
STATE OF PAPUA NEW GUINEA.
Chapter 173.
Industrial Organizations Act 1962.
ARRANGEMENT OF SECTIONS.
1. Interpretation.
2. Application to the State, etc.
3. Appointment of Industrial Registrar, Deputy Industrial Registrar, Inspectors and officers.
4. Duties of Registrar, etc.
5. Duties, etc., of Inspectors.
6. Protection of officers.
7. Register of Industrial Organizations.
8. Requirement of registration of industrial organizations.
9. Application for registration.
10. Further particulars.
11. Similarity of name.
12. Order of dealing with applications.
13. Advertisement of application.
14. Objection to registration.
15. Evidence in support of objection.
16. Evidence in reply.
17. Date of hearing.
18. Hearing.
19. Right of applicants to be heard.
20. Registration.
21. Certificate of registration.
22. Refusal of registration.
23. Cancellation of registration.
24. Consequences of cancellation of registration.
25. Acting on behalf of unregistered industrial organization, etc.
26. Surrender of cancelled certificate.
27. Incorporation.
28. Powers of registered industrial organizations.
29. Immunity from civil suit.
30. Objects in restraint of trade.
31. Proceedings by and against unregistered industrial organizations.
32. Execution, etc., against certain funds of industrial organizations.
33. Qualifications for membership generally.
34. Membership of minors.
35. Disqualifications from membership.
36. Membership.
37. Ex officio membership of secretary.
38. Disputes as to membership.
39. Officers.
40. Requirement of information.
41. Amalgamation.
42. Federation.
43. Affiliation.
44. Branches.
45. Change of name.
46. Effect of amalgamation or change of name.
47. Registered office.
48. Requirements as to rules.
49. Determination or validity of rules.
50. Direction for performance of rules.
51. Copies of rules.
52. Notification of officers.
53. Notification of dissolution.
54. Application of funds.
55. Prohibited payments.
56. Books and accounts.
57. Giving of accounts.
58. Requirement of detailed accounts.
59. Records.
60. Inspection of accounts, etc.
61. Secret ballots.
62. Provision of copies of rules.
63. Injuring employee or employer on account of industrial action.
63A. Collection of union contributions by employers.
64. Incitement to boycott awards.
65. Proceedings by and against clubs.
66. Obstruction of inspectors.
67. Dissolution.
68. Small organizations.
69. Liability for offences by industrial organizations.
70. Appeal.
71. Regulations.
INDEPENDENT STATE OF PAPUA NEW GUINEA.
AN ACT
entitled
Industrial Organizations Act 1962,
Being an Act to provide for the registration and control of industrial organizations, and for related purposes.
PART I. – PRELIMINARY.
1. INTERPRETATION.
“branch”, in relation to an industrial organization, means any number of the members of the organization who–
(a) in accordance with the constitution of the organization, have appointed their own management committee; and
(b) remain under the control of the executive committee of the organization; and
(c) continue to be bound under the constitution of the organization to contribute to its general funds;
“certificate of registration” means a certificate of registration as an industrial organization issued under Section 21(1);
“Deputy Registrar” means a Deputy Industrial Registrar appointed under Section 3(b);
“employee” means a person who has entered into or works under a contract of service or apprenticeship–
(a) whether by way of manual labour, clerical work or otherwise; and
(b) whether the contract is express or implied, oral or in writing; and
(c) whether on wages or piece-work rates, or as a member of a buttygang,
other than a member of the Defence Force, and includes a person whose usual occupation is that of such an employee;
“employer” means a person, firm or association employing one or more employees, whether on behalf of himself or itself or any other person, and includes–
(a) the State; and
(b) an authority established by or under a law; and
(c) a managing director or manager of a company, firm or association; and
(d) a manager for an employer; and
(e) a club;
“executive committee”, in relation to an industrial organization, means the person or body of persons to whom or to which the management of the affairs of the organization is entrusted;
“federation” means an association of two or more industrial organizations formed under Section 42;
“industrial dispute” means a dispute or difference between–
(a) an employer and an employee or employees; or
(b) employers and employees; or
(c) employees and employees; or
(d) employers and employers,
connected with an industrial matter, and includes–
(e) a threatened, impending or probable dispute; and
(f) a situation likely to give rise to a dispute; and
(g) a dispute arising from a contract of employment the particulars of which are contested by either party to the contract within three months after the termination of the contract;
“industrial matters” means all matters pertaining to the relations of employers and employees and, without limiting the generality of that statement, includes–
(a) all matters or things affecting or relating to work done or to be done; and
(b) the privileges, rights and duties of employers and employees; and
(c) the wages, allowances and remuneration of persons employed or to be employed; and
(d) the piece-work, contract or other reward paid or to be paid in respect of employment; and
(e) a question, whether piece-work or contract work or any other system of payment by results is to be allowed, forbidden or exclusively prescribed; and
(f) a question, whether monetary allowances are to be made by employers in respect of any time when an employee is not actually working; and
(g) the hours of employment, sex, age, qualifications and status of employees; and
(h) the mode, terms and conditions of employment; and
(i) the employment of children or young persons, or of any persons or class of persons; and
(j) the preferential employment or the non-employment of–
(i) any particular person or class of persons; or
(ii) persons being or not being members of an industrial organization; and
(k) the right to dismiss or to refuse to employ, or the duty to reinstate in employment, a particular person or class of persons; and
(l) any custom or usage in an industry, whether general or in a particular locality; and
(m) any shop, factory or industry dispute, including any matter that may be a contributory cause of such a dispute; and
(n) any question arising between two or more industrial organizations, or within an industrial organization, as to the rights, status or functions of the members of those organizations or of that organization, or otherwise, in relation to the employment of those members; and
(o) any claim that the same wage shall be paid to persons of either sex performing the same work or producing the same return or profit or value to their employer; and
(p) any question as to the demarcation of functions of employees or classes of employees, whether as between employers and employees, or as between members of different organizations; and
(q) the provision of first aid equipment, medical attendance, ambulance facilities, restrooms, sanitary and washing facilities, canteens, cafeterias, dining rooms and other amenities for employees; and
(r) the fixing of standards of normal temperatures and atmospheric purity in working places below or above ground; and
(s) the prescribing of shorter hours, higher wages or other conditions in respect of persons employed under abnormal conditions or in abnormal working places, and the determination of what are abnormal conditions or abnormal working places,
and includes all questions, what is right and fair in relation to an industrial matter having regard to the interests of the persons immediately concerned and of Papua New Guinea as a whole;
“industrial organization” means a trade or other union, or branch of a union, or an organization or body–
(a) that is composed of, or is representative of, employers or employees; and
(b) one of the objects of which is, under its constitution, the regulation, in respect of industrial matters, of the relations between–
(i) employees and employers; or
(ii) employees and employees; or
(iii) employers and employers,
or for taking part in or in the settlement of industrial disputes on behalf of its members,
whether it would or would not, if this Act had not been passed, have been deemed to be unlawful by reason of some one or more of its objects being in restraint of trade;
“Inspector” means an Inspector appointed under Section 3(c);
“objector” means a person who has lodged, under Section 14, a notice of objection to the registration of an industrial organization;
“officer” means–
(a) in relation to an industrial organization–
(i) the secretary of the organization; or
(ii) a member, other than a trustee or auditor, of the executive committee; and
(b) in relation to a branch–a member, other than a trustee or auditor, of the management committee of the branch;
“the Register” means the Register of Industrial Organizations kept under Section 7;
“registered” means registered under this Act;
“registered office” means the office of an industrial organization registered under Section 47;
“the Registrar” means the Industrial Registrar appointed under Section 3(a);
“registration” means registration as an industrial organization under Section 20;
“the regulations” means any regulations made under this Act;
“secretary”, in relation to an industrial organization, includes a manager or other principal executive officer of the organization;
“this Act” includes the regulations.
(2) For the purposes of the definition of “employee” in Subsection (1), the fact that a person is working–
(a) under a contract for labour only, or substantially for labour only; or
(b) as lessee of–
(i) any tools or other implements of production; or
(ii) a vehicle used in the delivery of goods; or
(c) as the owner, whether wholly or partly, of a vehicle used in the transport of goods or passengers,
does not in itself prevent him from being held to be an employee within the meaning of that definition.
(3) Without affecting any restrictions imposed by any other provision of this Act, the question whether–
(a) an employer should be obliged to employ only–
(i) members of; or
(ii) persons who are willing to become, or do become, members of,
a specified or any industrial organization; or
(b) an employee should be obliged to restrict his entry into employment to, or to remain in employment with, only an employer who–
(i) is a member of; or
(ii) is willing to become, or does become, a member of,
a specified or any industrial organization,
is not, for the purposes of this Act, an industrial matter, nor is a dispute as to any such matter an industrial dispute for those purposes.
2. APPLICATION TO THE STATE, ETC.
PART II. – REGISTRAR AND OTHER OFFICERS.
3. APPOINTMENT OF INDUSTRIAL REGISTRAR, DEPUTY INDUSTRIAL REGISTRAR, INSPECTORS AND OFFICERS.
(a) appoint a person to be the Industrial Registrar; and
(b) appoint a person to be a Deputy Industrial Registrar; and
(c) appoint Inspectors and such other officers as he thinks necessary for the purposes of this Act.
4. DUTIES OF REGISTRAR, ETC.
(2) The Departmental Head and the Registrar have all the powers of an Inspector.
5. DUTIES, ETC., OF INSPECTORS.
(2) Subject to Subsection (3), for the purpose of carrying out his duty under this section an Inspector may, during working hours, enter any building, mine, mine working, ship, vessel, place or premises in which, or in respect of which–
(a) an industry is carried on or work is being, or has been, done or commenced; or
(b) any matter or thing is taking place, or has taken place,
in relation to which–
(c) an industrial dispute is pending; or
(d) an award has been made; or
(e) an offence against this Act is suspected,
and may–
(f) inspect any work, material, machinery, appliances, articles, book or document in it or them; and
(g) interview any employee engaged in it or them.
(3) A mine shall not be entered or inspected under Subsection (2) by a person other than a qualified inspector of mines or mining engineer except in the presence of a qualified inspector of mines or mining engineer.
6. PROTECTION OF OFFICERS.
PART III. – REGISTRATION.
7. REGISTER OF INDUSTRIAL ORGANIZATIONS.
(2) The Register shall contain such particulars of and in relation to a registered industrial organization as are prescribed.
(3) A copy of an entry in the Register, certified under the hand of the Registrar, is, until the contrary is shown, proof of the facts specified in the copy, as at the date of the copy.
8. REQUIREMENT OF REGISTRATION OF INDUSTRIAL ORGANIZATIONS.
(a) make application to the Registrar for the registration of the organization as an industrial organization; or
(b) dissolve and dispose of the funds of the organization in accordance with its rules and this Act.
(2) If he thinks fit, the Registrar may grant an extension of the period specified in Subsection (1) for a period or periods not exceeding six months in the aggregate.
(3) The members of the executive committee or the secretary of an industrial organization, other than an industrial organization referred to in Subsection (1) may make application to the Registrar for the registration of the organization as an industrial organization.
9. APPLICATION FOR REGISTRATION.
(a) be in the prescribed form; and
(b) be accompanied by the prescribed particulars; and
(c) subject to Section 68, be signed by–
(i) in the case of an organization of employers–at least four members or officers of the organization; or
(ii) in the case of an organization of employees–at least 20 members or officers of the organization.
10. FURTHER PARTICULARS.
(a) the application complies with this Act; and
(b) there is no objection to the registration of the organization.
11. SIMILARITY OF NAME.
(a) is identical with the name by which any other existing industrial organization is registered; or
(b) in the opinion of the Registrar–
(i) so nearly resembles a name of a kind referred to in Paragraph (a) as to be likely to deceive or mislead; or
(ii) is itself misleading or undesirable,
the Registrar shall–
(c) require the persons applying for registration to alter the name of the organization proposed in the application; and
(d) refuse to register the organization until the alteration has been made.
12. ORDER OF DEALING WITH APPLICATIONS.
13. ADVERTISEMENT OF APPLICATION.
(2) Where an organization that has applied for registration alters its rules before registration, the alterations shall be lodged with the Registrar, who shall cause notice of them to be published in the National Gazette.
14. OBJECTION TO REGISTRATION.
(2) The grounds of objection shall be set out in the notice, and particulars of each ground of objection shall be given.
(3) The objector shall be restricted to the grounds specified in the notice of objection unless the Registrar, on application and for reasons shown by the objector, permits otherwise.
15. EVIDENCE IN SUPPORT OF OBJECTION.
(a) lodge with the notice of objection under Section 14 a statutory declaration in support setting out shortly the facts on which the objector relies in respect of each ground of objection; and
(b) within seven days after the notice of objection is lodged with the Registrar, serve copies of the notice of objection and of the statutory declaration on the applicants.
16. EVIDENCE IN REPLY.
17. DATE OF HEARING.
18. HEARING.
(2) On the hearing, the Registrar shall hear the parties if they are present and desire to be heard, and shall, subject to this Act, decide the matter.
(3) The Registrar may, in his discretion, permit a party to call oral evidence.
19. RIGHT OF APPLICANTS TO BE HEARD.
20. REGISTRATION.
(a) an industrial organization complies with this Act; and
(b) in all the circumstances there is no objection to the registration of the organization,
he may, in the prescribed manner, register an industrial organization as a registered industrial organization under this Act.
(2) The Registrar shall cause notice of the registration of an industrial organization to be published in the National Gazette.
21. CERTIFICATE OF REGISTRATION.
(2) A certificate of registration is, unless proved to have been cancelled, conclusive evidence for all purposes that the industrial organization in respect of which it is issued is duly registered under this Act.
22. REFUSAL OF REGISTRATION.
(a) an industrial organization has not complied with this Act; or
(b) any of the objects or the constitution of an industrial organization is unlawful or conflicts with a provision of this Act; or
(c) an industrial organization is being used for an unlawful purpose; or
(d) the funds of an industrial organization are being applied–
(i) in an unlawful manner; or
(ii) towards an unlawful object; or
(iii) towards an object not authorized by this Act; or
(e) the accounts of an industrial organization are not being kept in accordance with this Act; or
(f) an industrial organization is a branch of an industrial organization in the country that is not a registered industrial organization; or
(g) some other industrial organization, whether registered or the subject of an application for registration, is sufficiently representative of the whole or of a substantial proportion of the interests in respect of which the applicants seek registration of an industrial organization; or
(h) an industrial organization is wholly or partly formed, organized, supported, maintained or conducted, directly or indirectly, for the purpose of, or with a view to, opposing, injuring or prejudicing the interests of employers or employees, as the case may be, whose interests it purports to represent, further or protect,
the Registrar may refuse to register the organization.
(2) Where the Registrar refuses to register an industrial organization, he shall notify the applicants, in writing, of the ground of the refusal, and the industrial organization is dissolved with effect from–
(a) the date of the notification; or
(b) where the industrial organization appeals under Section 70 to the National Court against the decision of the Registrar and the appeal is dismissed–the date of the dismissal of the appeal.
23. CANCELLATION OF REGISTRATION.
(a) at the request of the organization on its dissolution, which request shall be verified in such manner as the Registrar requires; or
(b) if he is satisfied that the organization has–
(i) ceased to exist; or
(ii) amalgamated with another registered industrial organization.
(2) Subject to this Act, where the Registrar is satisfied that–
(a) the registration of an industrial organization was obtained by fraud, misrepresentation or mistake; or
(b) any of the objects of an industrial organization is unlawful; or
(c) the constitution of an industrial organization or of its executive committee is unlawful; or
(d) an industrial organization is being used for an unlawful purpose; or
(e) an industrial organization has, after notice from the Registrar–
(i) contravened a provision of this Act; or
(ii) allowed a rule to continue in force that is inconsistent with a provision of this Act; or
(iii) rescinded a rule providing for any matter for which provision is required by Section 48 to be made; or
(f) the funds of an industrial organization have been or are being expended on an object not authorized by this Act; or
(g) the accounts of an industrial organization are not being kept in accordance with this Act; or
(h) an industrial organization was at the time of its registration, or has subsequently become, a branch of an industrial organization in the country that is not a registered industrial organization; or
(i) an industrial organization is wholly or partly formed, organized, supported, maintained or conducted, directly or indirectly, for the purpose of, or with a view to, opposing, injuring or prejudicing the interests of employers or employees, as the case may be, whose interests it purports to represent, further or protect,
the Registrar may cancel the registration, and the certificate of registration, of the organization.
(3) The registration and the certificate of registration of an industrial organization shall not be cancelled under Subsection (2) unless–
(a) the Registrar has given to the organization not less than two months’ written notice of the proposed cancellation–
(i) specifying the grounds on which it is proposed to cancel the registration and the certificate of registration; and
(ii) requiring the organization to show cause, in writing, against the proposed cancellation within a period of two months after receipt of the notice; and
(b) the organization has–
(i) within the period of two months referred to in Paragraph (a), failed to show cause in writing against the proposed cancellation; or
(ii) shown cause within that period, but has failed to satisfy the Registrar, after such enquiry as he thinks necessary in the circumstances, that its registration should not be cancelled.
(4) An order made by the Registrar under this section cancelling the registration and the certificate of registration of an industrial organization shall–
(a) specify briefly the grounds for the cancellation; and
(b) be served promptly on the organization.
(5) The Registrar shall cause notice of the cancellation of the registration of an industrial organization to be published in the National Gazette.
24. CONSEQUENCES OF CANCELLATION OF REGISTRATION.
(a) the registration and certificate of registration of an industrial organization are cancelled under Section 23; and
(b) in the case of a cancellation under Subsection (2) of that section, either–
(i) no appeal is made under this Act to the National Court; or
(ii) any such appeal is dismissed,
then–
(c) the organization, its officers and its members cease to enjoy–
(i) in the case of a cancellation under Section 23(1)–as from the date of cancellation; or
(ii) in the case of a cancellation under Section 23(2)–as from the date of expiration of the time for appeal or of dismissal of the appeal,
the rights, immunities and privileges of a registered industrial organization, and of officers and members of a registered industrial organization, respectively; and
(d) as from the applicable date referred to in Paragraph (c)–
(i) the organization is dissolved; and
(ii) its funds shall be disposed of in accordance with this Act; and
(e) the certificate of registration of the organization shall be delivered to the Registrar by the organization for cancellation.
(2) The operation of Subsection (1)(a) is without prejudice to any liabilities incurred or to be incurred by the industrial organization that may be enforced against the organization and its assets.
25. ACTING ON BEHALF OF UNREGISTERED INDUSTRIAL ORGANIZATION, ETC.
(a) the formation of the organization; or
(b) applying for and obtaining registration of the organization; or
(c) dissolving the organization and disposing of its funds in accordance with its rules; or
(d) bringing or defending legal proceedings,
takes any part in the management of, or acts or purports to act on behalf of or as an officer of, an unregistered industrial organization to which Section 8(1) applies, is guilty of an offence.
Penalty: A fine not exceeding K200.00 and, in addition, in the case of a continuing offence a fine not exceeding K10.00 for each day for which the offence continues.
26. SURRENDER OF CANCELLED CERTIFICATE.
Penalty: A fine not exceeding K100.00 and, in addition, in the case of a continuing offence a fine not exceeding K10.00 for each day for which the offence continues.
PART IV. – RIGHTS AND LIABILITIES OF REGISTERED INDUSTRIAL ORGANIZATIONS.
27. INCORPORATION.
(a) is a corporation by the name by which it is registered; and
(b) has perpetual succession; and
(c) shall have a seal.
(2) All courts, Judges and persons acting judicially shall take judicial notice of the seal of a registered industrial organization affixed to any document, and shall presume that it was duly affixed.
28. POWERS OF REGISTERED INDUSTRIAL ORGANIZATIONS.
(a) to invest its funds; and
(b) to purchase, take on lease or acquire by gift, devise, exchange or otherwise, property in the country; and
(c) to sell its property or any part of it, together or in parcels, by public auction or private contract, for cash or on credit, on such terms and subject to such conditions as it thinks proper; and
(d) to exchange the property or any part of it for other property; and
(e) to transfer and assure the property when sold or exchanged to the purchaser or purchasers or to the person taking the exchange, freed and discharged from any trusts affecting it; and
(f) for all or any of the purposes referred to in Paragraphs (a), (b), (c), (d) and (e), to sign, seal and execute all such contracts, transfers and other deeds, documents and instruments as are necessary; and
(g) to raise sums of money when and on such terms as it thinks proper, by deposit of the deeds or by mortgage, with or without power of sale, of its property or any part of it, and to execute all proper assurances for that purpose; and
(h) to demise and lease its property or any part of it for such periods at such rents and on such terms and subject to such conditions as it thinks proper; and
(i) to appoint by instrument under its seal any person as its attorney, either generally or in respect of specified matters, and to act in any place.
(2) All deeds signed by an attorney appointed under Subsection (1)(i) on behalf of the industrial organization and under his seal are binding on the organization and have the same effect as if they were under its seal.
29. IMMUNITY FROM CIVIL SUIT.
(a) induces some other person to break a contract of employment; or
(b) interferes with–
(i) the trade, business or employment of some other person; or
(ii) the right of some other person to dispose of his capital or of his labour as he wishes.
30. OBJECTS IN RESTRAINT OF TRADE.
(a) to make a member of the organization liable to criminal prosecution for conspiracy or otherwise; or
(b) to make void or voidable any agreement or trust.
31. PROCEEDINGS BY AND AGAINST UNREGISTERED INDUSTRIAL ORGANIZATIONS.
(2) In any proceedings by or against an unregistered industrial organization, the court may–
(a) require to be joined in the proceedings such persons (if any) as it thinks necessary; and
(b) make such order against the person referred to in Paragraph (a) as, in the circumstances, it thinks just.
32. EXECUTION, ETC., AGAINST CERTAIN FUNDS OF INDUSTRIAL ORGANIZATIONS.
PART V. – CONSTITUTIONS OF INDUSTRIAL ORGANIZATIONS.
33. QUALIFICATIONS FOR MEMBERSHIP GENERALLY.
(a) engaged or usually engaged in an industry or occupation within the country; or
(b) qualified to be engaged in an industry or occupation within the country and wishes to be engaged in it,
and is–
(c) a resident of the country; and
(d) not otherwise disqualified,
is qualified for admission as a member of an industrial organization representative of his interests in the industry or occupation.
34. MEMBERSHIP OF MINORS.
(a) unless there is provision to the contrary in the rules of the organization, be a member of a registered industrial organization; and
(b) subject to those rules and to Section 39, when a member–
(i) enjoy all the rights of a member; and
(ii) execute all instruments and give all acquittances necessary to be executed or given by him under those rules.
35. DISQUALIFICATIONS FROM MEMBERSHIP.
(a) any body of persons, incorporated or unincorporated, that by its constitution or propaganda or otherwise advocates or encourages–
(i) the overthrow of the Constitution by revolution or sabotage; or
(ii) the overthrow by force or violence of the established government of Papua New Guinea or of any civilized country, or of organized government; or
(iii) the destruction or injury of property of the State or of property used in trade or commerce with other countries,
or that is, or purports to be, affiliated with an organization that advocates or encourages any of the doctrines or practices specified in this paragraph; or
(b) any body of persons, incorporated or unincorporated, that by its constitution or propaganda or otherwise advocates or encourages the doing of any act having, or purporting to have, as an object the carrying out of a seditious intention.
(2) A person who–
(a) except as provided by Section 34–is a minor; or
(b) is of general bad character; or
(c) is a member of an unlawful association; or
(d) advocates or encourages or has, within one year immediately before seeking to become a member of the organization, advocated or encouraged, any of the matters referred to in Subsection (1),
is not qualified for admission as a member of an industrial organization.
36. MEMBERSHIP.
(a) to become a member of an industrial organization representative of his interests in the industry or occupation in which he is or is usually engaged, or wishes to become engaged; and
(b) to remain a member of the organization so long as he continues usually to engage in the industry or occupation and complies with the rules of the organization.
(2) Subsection (1) has effect notwithstanding the rules of the industrial organization concerned.
37. EX OFFICIO MEMBERSHIP OF SECRETARY.
38. DISPUTES AS TO MEMBERSHIP.
(a) the person; or
(b) a person who is or desires to become the employer of the person; or
(c) the organization; or
(d) the Registrar; or
(e) any other interested person,
may apply to the National Court for a declaration as to his entitlement to membership of the organization.
(2) The National Court–
(a) has jurisdiction to hear and determine a question or dispute arising under Subsection (1); and
(b) may, after hearing all interested parties and notwithstanding anything in the rules of the industrial organization concerned, make such declarations or orders as it thinks proper in relation to the question or dispute.
(3) The orders that the National Court may make under Subsection (2) include an order requiring the industrial organization concerned to treat the person concerned as a member of the organization.
(4) On the making of an order under Subsection (3) or as otherwise specified in the order, the person concerned is, by force of this Act, a member of the organization, subject to payment of any moneys properly payable in respect of membership.
39. OFFICERS.
(a) is an officer of another industrial organization; or
(b) is not actually engaged in an industry or occupation with which the organization is directly concerned, unless the Registrar, in his discretion, so permits; or
(c) is not over the age of 21 years; or
(d) is not a member of the organization; or
(e) is not ordinarily resident in the country,
is not entitled to be an officer of an industrial organization.
(2) Subsection (1) does not prevent an officer of an industrial organization from being an officer of another industrial organization–
(a) that is a federation of which that first-mentioned industrial organization is a member; or
(b) with the consent of the Registrar.
(3) Subject to Subsection (4), the office of secretary of an industrial organization may be filled by a person not actually engaged in an industry or occupation with which the organization is directly concerned, unless the Registrar otherwise directs.
(4) The Registrar may, by order, remove from office the secretary or treasurer of an industrial organization who is, in his opinion, not capable of performing effectively the duties of his office.
40. REQUIREMENT OF INFORMATION.
(2) An officer of an industrial organization who refuses or fails, without reasonable excuse (proof of which is on him), to comply with a requirement by the Registrar under Subsection (1) is guilty of an offence.
Penalty: A fine not exceeding K200.00.
41. AMALGAMATION.
(2) An industrial organization shall not amalgamate with an industrial organization other than a registered industrial organization.
(3) Within one month after an industrial organization amalgamates with another industrial organization under this section, written notice of the amalgamation containing the prescribed particulars shall be given to the Registrar by each organization that is a party to the amalgamation.
(4) A notice under Subsection (3) shall be signed by the secretary and, subject to Section 68, by–
(a) in the case of an organization of employees–at least six members of the organization; or
(b) in the case of an organization of employers–at least two members of the organization.
(5) Subject to Subsection (7), where the Registrar is satisfied that–
(a) the provisions of this Act with respect to the amalgamation of industrial organizations have been complied with; and
(b) the industrial organization formed by the amalgamation would be entitled to be registered as an industrial organization under this Act,
he shall register the industrial organization in the prescribed manner.
(6) An amalgamation has effect from the date of the registration of the industrial organization formed by the amalgamation.
(7) Where, in the opinion of the Registrar, the amalgamation of any industrial organizations materially affects, or may materially affect, the rights of the members of, or the objects of, any of the organizations (otherwise than by virtue of the mere fact of amalgamation), the Registrar may direct that notice of the amalgamation be advertised.
(8) On advertisement under Subsection (7), Sections 13 to 19, with the necessary modifications, apply to and in relation to the registration of the industrial organization formed by the amalgamation.
42. FEDERATION.
(a) any two or more registered industrial organizations may form a federation of industrial organizations; and
(b) a registered industrial organization may join a federation of registered industrial organizations.
(2) Subject to Subsection (3), a registered industrial organization shall not become a member of a federation of industrial organizations, any of whose members is not a registered industrial organization.
(3) Subsections (1) and (2) do not operate to prevent the federation of an industrial organization with an industrial organization outside the country.
(4) Within one month after–
(a) the formation under this section of a federation of registered industrial organizations; or
(b) an industrial organization joins such a federation,
written notice of the fact containing the prescribed particulars shall be given to the Registrar by each organization concerned in the formation of the federation or by the organization so joining, as the case may be.
(5) A notice under Subsection (4) shall be signed by the secretary and, subject to Section 68, by–
(a) in the case of an organization of employees–at least six members of the organization; or
(