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TRADE UNIONS
[Cap. 174
CHAPTER 174
Ordinances
Nos.l4ofl935,
3
of
1946,
Acts
Nos.l5ofl948,
18
of
1958,
24 of 1970.
TRADE UNIONS
AN ORDINANCE TO PROVIDE FOR THE REGISTRATION AND CONTROL OF TRADE
UNIONS.
[1 st November. 1935.]
Short title.
Interpretation.
PART I
PRELIMINARY
1. This Ordinance may be cited as the
Trade Unions Ordinance.
2. In this Ordinance, unless the context
otherwise requires—
" executive " means the body, by whatever
name called, to which the
management of the affairs of a
trade union is entrusted and
includes the president, the secretary
and the treasurer of any trade
union;
" lock-out" means the closing of a place
of employment or the suspension of
work, or the refusal by an employer
to continue to employ any number
of persons employed by him in
consequence of a dispute, done with
a view to compelling those persons,
or to aid another employer in
compelling persons employed by
him, to accept terms or conditions
of or affecting employment;
" officer " when used with reference to a
trade union; includes any member
of the executive thereof, but does
not include an auditor;
" prescribed " means prescribed by
regulations made under section 52
of this Ordinance ;
" register " means the register of trade
unions maintained by the Registrar
under section 7 ;
" registered office " means that office of a
trade union which is registered
under this Ordinance as the head
office of the trade union;
" registered trade union " means a trade
union registered under this
Ordinance;
" Registrar" means the person for the
time being appointed under section
3 by name or by office to be or to
act as Registrar of Trade Unions,
and includes any person appointed
under section 4 to be or to act as an
Assistant Registrar of Trade
Unions;
" regulation " means a regulation made by
the Minister under section 52 ;
" strike " means the cessation of work by
a body of persons employed in any
trade or industry acting in
combination, or a concerted refusal,
or a refusal under a common
understanding of any number of
persons who are, or have been so
employed, to continue to work or
to accept employment;
" trade dispute" means any dispute or
difference between employers and
workmen, or between workmen and
workmen connected with the
employment or non-employment,
or the terms of the employment, or
with the conditions of labour, of
any person;
" trade union " means any association or
combination of workmen or
employers, whether temporary or
permanent, having among its
objects one or more of the
following objects:—
(a) the regulation of relations
between workmen and
employers, or between
workmen and workmen or
VII/343
Cap.174]
TRADE UNIONS
between employers
employers; or
and anything done or omitted to be done by him
in good faith.
(b) the imposing of restrictive
conditions on the conduct of
any trade or business; or
(c) the representation of either
workmen or employers in
trade disputes; or
(d) the promotion or organization or
financing of strikes or lock-
outs in any trade or industry
or the provision of pay or
other benefits for its members
during a strike or lock-out,
and includes any federation of two
or more trade unions ;
" workman " means any person who has
entered into or works under a
contract with an employer in any
capacity, whether the contract is
express or implied, oral or in
writing, and whether it is a contract
of service or of apprenticeship, or a
contract personally to execute any
work or labour and includes any
person ordinarily employed under
any such contract, whether such
person is or is not in employment at
any particular time.
PART II
APPOINTMENT OF REGISTRAR AND
OTHER OFFICERS
3. There may be appointed a Registrar
of Trade Unions who shall be responsible
for the due performance of the duties and
functions assigned to him as Registrar under
this Ordinance.
4. There may be appointed one or more
Assistant Registrars of Trade Unions and
such other officers as may from time to time
be required for the purposes of this
Ordinance.
5. All officers appointed under sections 3
and 4 of this Ordinance shall be deemed to
be public servants within the meaning of the
Penal Code.
6. No suit shall lie against any public
servant acting under this Ordinance for
PART III
REGISTRATION
7. (1) The Registrar shall keep and
maintain in such form as may be prescribed,
a register of trade unions in which shall be
registered the prescribed particulars relating
to any registered trade union and any
alteration or change, which may from time
to time be effected in the name, rules,
officers or executive thereof or in the
situation of the registered office thereof; and
all such other matters as may be required to
be registered therein under this Ordinance.
(2) A certified copy of any entry in the
register shall be conclusive proof of the facts
specified therein as on the date of such
certified copy.
8. (1) Every trade union established
before the date of the commencement of this
Ordinance shall apply to be registered under
this Ordinance within a period of three
months reckoned from that date.
(2) Every trade union established after
the commencement of this Ordinance shall
apply to be registered under this Ordinance
within a period of three months reckoned
from the date on which it was so
established.
(3) The Registrar may, if he thinks fit,
from time to time grant an extension of the
periods respectively specified in subsections (1)
and (2):
Provided that neither of such periods
shall, in any particular case, be so extended
as to exceed a period of six months in the
aggregate.
(4) For the purposes of this Ordinance, a
trade union is established on the first date
on which any workmen or employers agree
to become or to create an association or
combination for the furtherance of any one
or more of the objects specified in the
definition of a trade union in section 2.
(5) For the purpose of prosecuting any
trade union which fails to apply for
registration in accordance with the
provisions of this section, the date of
Register of
trade unions.
Necessity for
registration.
Appointment
of Registrar.
Appointment
of Assistant
Registrars and
other officers.
All officers
deemed to be
public servants.
Protection of
public servants
VII/344
TRADE UNIONS
[Cap. 174
establishment of that trade union shall, in
the absence of proof of the date referred to
in subsection (4), be deemed to be —
(a) the date on which any person is
proved to have been accepted or
admitted as a member of that trade
union; or
(b) the date on which any act is proved
to have been done by that trade
union in furtherance of any one or
more of the objects specified in the
definition of a trade union in
section 2;
and, in a case where proof is available of
both the dates referred to in paragraphs (a)
and (b), the earlier of such dates shall be
deemed so to be the date of the
establishment of that trade union.
Application for
9. (1) Every application for
registration
registration
of
a
trade union shall be made
to the Registrar in the prescribed form and
shall be signed by at least seven members of
the union, any of whom may be officers
thereof.
(2) Uncancelled stamps to the value of
one rupee shall be affixed to every such
application which shall be accompanied by
a copy of the rules of the trade union and a
statement of the following particulars,
namely:—
(a) the names, occupations and
addresses of the members making
the application;
(b) the name of the trade union and the
address of its head office ; and
(c) the titles, names, ages, addresses and
occupations of the officers of the
trade union.
(3) A trade union established before the
commencement of this Ordinance shall
deliver to the Registrar, together with its
application for registration, a general
statement of the assets and liabilities of the
trade union prepared in such form and
containing such particulars as may be
prescribed.
Registration
.
10.
The Registrar,
if
he
is
satisfied
that
a
trade union applying for registration has
complied with the provisions of this
Ordinance and of the regulations made
thereunder and that the objects, rules and
Power of
Registrar to
call for further
information
constitution of the union do not conflict
with any of such provisions and are not
unlawful, shall register the trade union in
the prescribed manner:
Provided that if any one of the objects of
such trade union is unlawful, the
registration of the trade union shall be void.
11. The Registrar, on registering a trade
union under section 10, shall issue to the
trade union a certificate of registration in
the prescribed form and that certificate,
unless proved to have been cancelled or
withdrawn, shall be conclusive evidence for
all purposes that the trade union has been
duly registered under this Ordinance.
Certificate of
registration
12. The Registrar may call for further
information for the purpose of satisfying
himself that any application complies with
the provisions of section 9 or that the trade
union is entitled to registration under this
Ordinance.
13. If the name under which a trade
union is proposed to be registered is
identical with that by which any other
existing trade union has been registered or,
in the opinion of the Registrar, so nearly
resembles such name as to be likely to
deceive or mislead the public or the
members of either trade union, the Registrar
shall require the persons applying for
registration to alter the name of the trade
union stated in the application, and shall
refuse to register the trade union until such
alteration has been made.
Power of
Registrar to
require
alteration of
name.
14. The Registrar may refuse to register
Refusal of
any trade union if he is not satisfied that the
registration.
trade union has complied with the
provisions of this Ordinance or of any
regulations made thereunder, or if he is of
opinion that any one of the objects or rules,
or the constitution of the union is unlawful
or conflicts with any such provision.
15. (1) A certificate of registration of a
withdrawal or
trade union may be withdrawn or cancelled
cacellation of
registration.
(a) at the request of the trade union
upon its dissolution to be verified in
such manner as the Registrar may
require;
VII/345
by the Reristrar -
Cap.174]
TRADE UNIONS
(b) if he is satisfied—
(i) that the certificate of registration
was obtained by fraud or
mistake;
(ii) that any one of the objects or
rules of the trade union is
unlawful;
(iii) that the constitution of the
trade union or of its executive
is unlawful;
(iv) that the trade union has
wilfully and after notice from
the Registrar contravened any
provision of this Ordinance or
allowed any rule to continue
in force which is inconsistent
with any such provision, or
has rescinded any rule
providing for any matter, for
which provision is required by
section 38;
(v) that the funds of the trade union
are expended in an unlawful
manner or on an unlawful
object or on an object not
authorized by the rules of the
union;
(vi) that the trade union has ceased
to exist.
(2) Except in a case falling within
subsection (1) (a), not less than two months'
previous notice in writing specifying the
ground on which it is proposed to withdraw
or to cancel its certificate of registration
shall be given by the Registrar to a trade
union before such certificate is withdrawn
or cancelled.
(3) A trade union served with a notice
under subsection (2) may, afany time within
a period of two months reckoned from the
date of such notice, show cause in writing
against the proposal to withdraw or to
cancel its certificate of registration, as the
case may be; and, if such cause is shown,
the Registrar may hold such enquiry as he
may consider necessary in the
circumstances.
(4) The Registrar may, after the
expiration of the period of two months
referred to in subsection (3), withdraw or
cancel the certificate of registration of any
trade union which has failed duly to show
cause under that subsection, or which,
having so shown cause, has failed to satisfy
him that its certificate of registration should
not be withdrawn or cancelled, as the case
may be.
(5) An order made by the Registrar under
this section withdrawing or cancelling the
certificate of registration of any trade union
shall be dated as of the date on which it was
made and shall forthwith be served on the
trade union affected thereby.
16. (1) Any person aggrieved by the Appeal to
refusal of the Registrar
to
register
a
trade
Distnct Court.
union or by an order made by the Registrar
under section 15, may appeal against such
refusal or order by filing a petition of appeal
in the District Court within a period of
thirty days reckoned from the date of such
refusal or order.
(2) Every petition of appeal under
subsection (1) shall—
(a) name the Registrar as respondent;
(b) state the grounds of appeal and the
date of the refusal or order against
which the appeal is preferred ;
(c) be signed by the appellant; and
(d) be stamped with a stamp of one
rupee.
(3) It shall be competent for the District
Court in appeal—
(a) to direct the appellant or the
Registrar to furnish further
information;
(b) to hold an inquiry and to take and
record such evidence as it may
deem necessary;
(c) to allow the appeal and to order the
registration of the trade union or to
reverse any order made by the
Registrar under section 15 ;
VII/346
TRADE UNIONS
[Cap.174
(d) to dismiss the appeal; or
(e) to make such order as it shall
consider just and to give such
directions as it may consider
necessary, including directions as to
the costs of the appeal and the
procedure to be observed at the
hearing of the appeal.
(4) Save as is otherwise in this section
provided, an appeal to the District Court
against a refusal of the Registrar to register
a trade union or against an order made by
the Registrar under section 15 shall be
deemed to be a civil action of the value of
three hundred rupees for the purposes of the
Stamp Ordinance,* and of the Civil
Procedure Code.
(5) In this section, " District Court ", in
the case of an appeal against the refusal of
the Registrar to register a trade union,
means the District Court having local
jurisdiction over the place sought to be
registered as the place of the head office of
the trade union in the application for
registration made under section 9; and, in
the case of an appeal against an order made
by the Registrar under section 15, means the
District Court having local jurisdiction over
the place where the registered office of the
trade union affected by that order is
situated.
(b) the trade union shall not, nor shall
any of its officers or agents on
behalf of the union, take part in any
trade dispute or promote, organize
or finance any strike or lock-out, or
provide pay or other benefits for its
members during a strike or
lock-out;
(c) the trade union shall be dissolved
and its funds shall be disposed of in
accordance with the rules of the
union; and
(d) no person shall, except for the
purpose of defending proceedings
against the union or dissolving the
union and disposing of its funds in
accordance with the rules, take any
part in its management or
organization, or act or purport to
act on behalf of the union or as an
officer of the union.
PART IV
SPECIAL PROVISIONS APPLICABLE To
TRADE UNIONS OF PUBLIC OFFICERS
19.
In
this
Part-
Interpretation
of this Part.
Appeal to
Court of
Appeal.
Consequences
of failure to
register or of
withdrawal or
cancellation of
registration.
17. An appeal shall lie to the Court of
Appeal against an order made by a District
Court under section 16 and the provisions
of the Civil Procedure Code shall apply
accordingly in all matters relating to or
connected with such appeal.
18. If any trade union does not apply
for registration in due time, or if the
registration of any trade union is refused,
withdrawn, or cancelled, then—
(a) the trade union shall be deemed to
be an unlawful association and shall
cease to enjoy any of the rights,
immunities, or privileges of a
registered trade union, but without
prejudice to any liabilities incurred
or to be incurred by the trade union
which may be enforced against the
union and its assets ;
(a) " public officer " includes any person
in the employment of the
Government of Sri Lanka,
whatsoever may be the terms or
duration of his employment as
such;
(b) " trade union to which this Part
applies " means any trade union of
which public officers are members
or membership of which is declared
by the rules of the union to be open
to public officers.
20. (1) For the resolution of doubts it
is hereby declared that, save as otherwise
provided in subsection (2), every association
or combination of public officers having as
its object or among its objects one or more
Declaration
that certain
associations of
public officers
are " trade
unions
".
* See also the Stamp Duty Act, No. 43 of 1982.
VII/347
Cap.174]
TRADE UNIONS
of the objects specified in the definition of
" trade union " in section 2, is a trade union
for the purposes of this Ordinance ; and the
provisions of this Ordinance shall, subject to
the succeeding provisions of this Part, apply
accordingly in the case of every such
association or combination.
(2) An association or combination
consisting of—
(a) judicial officers;
(b) members of the armed forces;
(c) police officers;
(d) prison officers ; or
(e) members of any corps established
under the Agricultural Corps
Ordinance,
shall, notwithstanding anything in its
objects, be deemed not to be a trade union,
and nothing in this Ordinance shall apply
to, or in relation to, any such association or
combination.
In this subsection—
(a) "judicial officer" means a judicial
officer, within the meaning of
Article 170 of the Constitution;
(b) " armed forces" means the Sri
Lanka Army, the Sri Lanka Navy
and the Sri Lanka Air Force ;
(c) " police officer " means a member of
the police force established under
the Police Ordinance; and
(d) " prison officer" has the same
meaning as in the Prisons
Ordinance but does not include any
medical officer or apothecary for
the time being on the staff of any
prison.
21. (1) The Registrar shall not register
any trade union to which this Part applies
unless the rules of the union contain the
following provisions, that is to say :—
(a) a provision restricting the eligibility
for membership of the union or for
any office whatsoever (whether paid
or honorary, including that of
patron) solely to public officers who
are employed in any one specified
department of Government or in
any one specified service of the
Government, or who, having regard
to the nature of the work upon
which they are engaged are of any
specified class or category of public
officers though employed in
different departments of
Government, provided however
that such provision may permit two
persons from outside the
department or the class or category
of public officers, as the case may
be, to be elected at an annual
general meeting of the union to be
members or to hold office, one of
such two persons being the
president or the secretary of the
union, and the other being a
member of the union; and
(b) in the case of a union of peace
officers or Government staff
officers, in addition to the provision
referred to in paragraph (a)—
(i) a provision declaring that the
union shall not be affiliated to
or amalgamated or federated
with any other trade union
whether of public officers or
otherwise; and
(ii) a provision declaring that the
union shall not have any
political objects or political
fund within" the meaning of
section 47 of this Ordinance.
Iiuthis subsection and in section 23—
(a) " peace officer " shall have the same
meaning as in the Code of Criminal
Procedure Act, and
(b) " Government staff officer" shall
mean a Government officer who
holds an office the initial of the
salary scale of which is not below
five hundred and sixty rupees per
month.
VII/348
[§2,
24
of
1970.]
Restriction as
to registration
of unions to
which this Part
applies.
[§3,
24
of
1970.]
TRADE UNIONS
[Cap.174
(2) The powers of the Registrar under
section 14 shall include the power to refuse
to register any trade union to which this
Part applies on the ground that the rules of
the union do not contain the provisions or
any of the provisions specified in subsection
(1), or that any such provision contained in
any rule is being contravened with the
knowledge, consent or connivance of any
officer of the union; and an appeal under
section 16 shall lie in any case where the
Registrar refuses to register a trade union
on any ground hereinbefore mentioned.
22. (1) The District Court of
Colombo, on application made to the court
in that behalf by the Attorney-General, may
make order directing the Registrar to
withdraw or cancel the certificate of
registration of any registered trade union to
which this Part applies, if the court is
satisfied that the rules of the union for the
time being in force do not contain any of
the provisions required by subsection (1) of
section 21 or that any such required
provision which is contained in any rule of
the union has been contravened with the
knowledge, consent or connivance of any
officer of the union.
(2) Every application under subsection
(1) in respect of any trade union shall—
(a) name the union as respondent;
(b) state the grounds on which the
application is made; and
(c) be signed by the Attorney-General,
or by the Solicitor-General on his
behalf.
(3) Upon any application being made to
the District Court under subsection (1), the
court shall hold an inquiry and take and
record such evidence as it may deem
necessary, and for the purposes of such
inquiry shall have and may exercise all the
powers of a District Court in a civil action.
(4) The order of the District Court upon
any application under this section shall be
deemed to be an order made by the court
under section 16 and the provisions of
section 17 shall apply accordingly.
(5) Notwithstanding anything in any
other written law, no stamp duty shall be
payable in respect of any application under
this section or of any proceedings upon any
such application or of any document filed in
the course thereof.
(6) The provisions of this section shall
not be deemed or construed to prejudice any
power of the Registrar to withdraw or
cancel the certificate of registration of any
trade union on any ground not referred to
in subsection (1) of this section.
23. (1) The provisions of section 32
shall not apply to any trade union to which
this Part applies.
(2) The provisions of sections 34 and 47
shall not apply to any trade union of peace
officers or Government staff officers.
24. Save as otherwise expressly
provided, the provisions of this Part shall be
in addition and without prejudice to the
other provisions of this Ordinance :
Provided that in the event of any conflict
or inconsistency between any provision of
this Part and any other provision of this
Ordinance, the former provision shall
prevail.
PART V
RIGHTS AND LIABILITIES OF TRADE
UNIONS
25. A trade union shall not enjoy any of
the rights, immunities or privileges of a
registered trade union until it is registered.
26. No action or other legal proceeding
shall be maintainable in any civil court
against any registered trade union or any
officer or member thereof in respect of any
act done in contemplation or in furtherance
of a trade dispute to which a member of the
trade union is a party on the ground only
that such act induces some other person to
break a contract of employment, or that it is
in interference with the trade, business or
employment of some other person or with
the right of some other person to dispose of
his capital or of his labour as he wills.
27. An action against a trade union or
against any members or officers thereof on
behalf of themselves and all other members
of the trade union in respect of any tortious
Certain
provisions of
this Ordinance
not to apply to
certain trade
unions.
[§5,24 of
1970.]
Saving for
operation of
other
provisions of
this Ordinance.
Disabilities of
unregistered
union.
Immunity from
civil action in
certain cases.
Trade union
not liable for
tortious act.
Cancellation of
registration of
union to which
this Part
applies.
[§4,24 of
1970.]
VII/349
Cap.174]
TRADE UNIONS
act alleged to have been committed by or. on
behalf of the trade union in contemplation
or in furtherance of a trade dispute shall not
be entertained by any court.
28. Every trade union shall be liable on
any contract entered into by it or by an
agent acting on its behalf:
Liability in
contract.
Provided that a trade union shall not be
so liable on any contract which is void or
unenforceable at law.
29. The objects of a registered trade
union shall not, by reason only that they are
in restraint of trade be deemed to be
unlawful so as to render any member of
such trade union liable to criminal
prosecution for conspiracy or otherwise or
to render void or voidable any agreement or
trust.
Objects in
restraint of
trade not
unlawful in
case of
registered trade
union.
Proceedings by
30. (1) A registered trade union may sue
and against
and be sued and be prosecuted under its
trade unions.
registered name.
(2) An unregistered trade union may be
sued and prosecuted under the name by
which it has been operating or is generally
known.
PART VI
CONSTITUTION
31. A person under the age of twenty-
Membership of
one, but above the age of sixteen, may be a
minors-
member of a registered trade union, unless
provision be made in the rules thereof to the
contrary, and may, subject to the rules of
the trade union, enjoy all the rights of a
member except as herein provided, and
execute all instruments and give all
acquittances necessary to be executed or
given under the rules, but shall not be a
member of the executive or a trustee of a
registered trade union.
32.
(1) Not less
than
one-half of the
Officers
of
total number of the officers of every
registered trade union shall be persons
actually engaged or employed in an industry
or occupation with which the trade union is
connected.
trade union.
(2) The Minister may, by special or
general Order published in the Gazette,
declare that the provisions of this section
shall not apply to any registered trade union
or class of registered trade unions specified
in the Order.
(3) A trade union whose registration has
been cancelled or withdrawn may be sued
and prosecuted under the name by which it
was registered.
(4) Execution for any money recovered
from a trade union in civil proceedings may
issue against any property belonging to or
held in trust for the trade union other than
the benevolent fund of a registered trade
union.
(5) Any fine ordered to be paid by a trade
union may be recovered by distress and sale
of any movable property belonging to or
held in trust for the trade union in
accordance with the provisions of the Code
of Criminal Procedure Act.
(6) It shall be competent for a registered
trade union to file a proxy in any court or in
any civil or other judicial proceedings
provided that the proxy is signed by at least
two of the trustees of that registered trade
union.
33. Any registered trade union may,
Change of
with the consent of not less than two-thirds
name
of the total number of its members and
subject to the provisions of section 35,
change its name.
34. Any two or more registered trade
Amalgamation.
unions may become amalgamated together
as one trade union with or without
dissolution or division of the funds of such
trade unions or either or any of them:
Provided that the votes of at least one-
half of the members of each or every such
trade union entitled to vote are recorded,
and that at least sixty per centum of the
votes recorded are in favour of the proposal.
35. (1) Notice in writing shall be given
to the Registrar of every change of name
and of every amalgamation, signed, in the
case of a change of name, by the secretary
and by seven members of the trade union
changing its name, and, in the case of an
Notice of
change of
name or
amalgamation.
VII/350
TRADE UNIONS
[Cap.174
amalgamation, by the secretary and by
seven members of each and every trade
union which is a party thereto.
(2) If the proposed name is identical with
that by which any other existing trade union
has been registered or, in the opinion of the
Registrar, so nearly resembles such name as
to be likely to deceive the public or the
members of either trade union, the Registrar
shall refuse to register the change of name.
(3) Save as is provided in subsection (2),
the Registrar shall, if he is satisfied that the
provisions of this Ordinance in respect of
change of name have been complied with,
register the change of name in the
prescribed manner, and the change of name
shall have effect from the date of such
registration.
(4) If the Registrar is satisfied that the
provisions of this Ordinance in respect of
amalgamation have been complied with and
that the trade union formed thereby is
entitled to registration under section 10, he
shall register the trade union in the
prescribed manner and the amalgamation
shall have effect from the date of such
registration.
(d) be stamped with a stamp of one
rupee.
(7) It shall be competent for the District
Court in an appeal under subsection (5)—
(a) to direct the appellant or the
Registrar to furnish further
information;
(b) to hold an inquiry and to take and
record such evidence as it may
deem necessary;
(c) to allow the appeal and reverse the
order made by the Registrar;
(d) to dismiss the appeal; or
(e) to make such order as it shall consider
just and to give such directions as it
may consider necessary, including
directions as to the costs of the
appeal and the procedure to be
observed at the hearing of the
appeal.
(8) Save as is otherwise in subsection (6)
provided, an appeal to the District Court
under subsection (5) shall for the purposes
of the Stamp Ordinance * and of the Civil
Procedure Code, be deemed to be a civil
action of the value of three hundred rupees.
(5) Any person aggrieved by the refusal
of the Registrar to register either a change
of the name of a registered trade union or
the trade union formed by the
amalgamation of any two or more registered
trade unions, may appeal against such
refusal by filing a petition of appeal in the
District Court within a period of thirty days
reckoned from the date of such refusal.
of appeal under
(6)
Every
petition
subsecton
(5)
shall-
(a) name the Registrar as respondent;
(b) state the grounds of appeal and the
date of the refusal against which the
appeal is preferred;
(c) be signed by the appellant; and
(9) In this section, " District Court ", in
the case of an appeal against the refusal of
the Registrar to register a change of the
name of a registered trade union, means the
District Court having local jurisdiction over
the place where the registered office of that
trade union is situated ; and, in the case of a
refusal by the Registrar to register a trade
union formed by the amalgamation of two
or more registered trade unions, " District
Court" means the District Court having
jurisdiction over the place sought to be
the trade union formed as a result of such
amalgamation.
(10) An appeal shall lie to the Court of
Appeal against an order made by the
District Court under subsection (7), and the
provisions of the Civil Procedure Code shall
apply accordingly in all matters relating to
or connected with such appeal.
* See also the Stamp Duty Act, No. 43 of 1982.
VII/351
Cap. 174]
TRADE UNIONS
36. (1) A change in the name of a
registered trade union shall not affect any
rights or obligations of that trade union or
render defective any legal proceeding by or
against the trade union, and any legal
proceeding which might have been
continued or commenced by or against it
under its former name may be continued or
commenced by or against it under its new
name.
(2) An amalgamation of two or more
registered trade unions shall not prejudice
any right of either or any such trade unions
or any right of a creditor of either or any of
them.
37. (1) Every registered trade union
shall have a registered office to which all
communications and notices may be
addressed.
(2) Notice of the situation of such
registered office, and of any change therein,
shall be given to the Registrar and shall be
registered by him, and the trade union shall
not be deemed to have complied with the
provisions of this Ordinance until such
notice has been given.
(3) Every trade union which—
(a) operates without having a registered
office, or without giving notice of
the situation of its registered office
as hereinbefore required ; or
(b) operates at any place to which its
registered office may have been
removed, without having given
notice of the change in the situation
thereof to the Registrar,
shall, on conviction after summary trial by a
Magistrate, be liable to a fine not exceeding
ten rupees for every day during which it is
so in operation; and every officer of any
such trade union shall be liable to be
convicted and fined a like amount in respect
of the same offence.
38. (1) The rules of every registered
trade union shall provide for all the matters
specified in the First Schedule.
(2) A copy of the rules for the time being
in force of any registered trade union shall
be prominently exhibited at the registered
office thereof and shall be furnished by the
secretary of such trade union to any person
on demand on payment of a sum not
exceeding fifty cents.
(3) A copy of every new rule and of every
alteration made in the rules of a registered
trade union shall be sent to the Registrar
within seven days of the making of such rule
or alteration and shall be registered by the
Registrar on payment of the prescribed fee.
(4) The rules of a trade union may be
[§2,18 of
made in Sinhala, or Tamil, or English.
1958.]
39. Notice of all changes of officers or
Notice of
of the title of any officer shall be
change of
officers, &c.
prominently exhibited in the registered
office of every registered trade union, and
shall, within seven days after the change, be
sent to the Registrar by such trade union
together with the prescribed fee, and the
Registrar shall thereupon correct the
register accordingly.
40. When
a
registered
trade
union is
Notice of
dissolved, notice of the dissolution signed by
dissolution.
seven members and by the secretary of the
trade union shall, within fourteen days of the
dissolution, be sent to the Registrar and
shall be registered by him if he is satisfied
that the dissolution has been effected in
accordance with the rules of the trade
union; and the dissolution shall have effect
from the date of such registration.
41. (1) The rules of a trade union shall
Trustees.
provide for the appointment or election of
trustees and for the filling of vacancies in
the office of trustee so that, as far as may
be, there shall always be at least three
trustees of the union.
(2) Any officer or member of a registered
trade union may be a trustee thereof.
Effect of
change of
name or
amalgama-
tion.
Registered
office.
Rules.
VII/352
Cap.174]
TRADE UNIONS
(5) No member of a registered trade
union shall be liable to contribute to the
political fund of that union unless he has
signed and delivered at the registered office
thereof a notice substantially in the form I
in the Second Schedule of his willingness to
contribute to that fund and has not
withdrawn such notice by signing and
delivering at the registered office of the
union a notice substantially in the form II in
that Schedule.
(6) A notice under subsection (5) may be
delivered personally or by an agent or
servant, and shall be deemed to have been
duly delivered if it is sent by registered post
addressed to the secretary of the registered
trade union at its registered office.
(7) No member shall be compelled or
required to make a contribution to the
political fund unless he is liable for such
contribution.
(8) Where a member of a registered trade
union is liable to contribute to the political
fund of that union, every demand made to
that member for a contribution to the funds
of the union shall specify separately the
amount, if any, demanded from him as a
contribution to the political fund ; and every
receipt issued to any member of a registered
trade union for any contribution made by
that member to the funds of that union shall
specify separately what sum, if any, out of
the total amount of such contribution was
received from that member on account of
the political fund.
(9) No assets of a trade union, other than
the contributions of members liable to
contribute to the political fund and
voluntary contributions to the political fund
received from non-members, shall be
credited to the political fund ; and no assets
of a trade union not forming part of the
political fund shall be directly or indirectly
applied in furtherance of any political
object.
(10) A member of a registered trade
union who does not contribute to the
political fund thereof shall not be expelled
therefrom nor be excluded from any
benefits of that trade union nor be placed in
any respect either directly or indirectly
under any disability or at any disadvantage
as compared with other members of that
trade union (except in relation to the
control or management of the political
fund) by reason of his not contributing to
that fund; and a contribution to the
political fund shall not be made a condition
for admission to the trade union.
48. An injunction restraining any
unauthorized or unlawful expenditure of the
funds of a registered trade union may be
granted on the application of any person
having a sufficient interest in the relief
sought, or of the Attorney-General.
49. (1) Every treasurer of a registered
trade union and every other officer thereof
who is responsible for the accounts of the
union or for the collection, disbursement,
custody or control of the funds or moneys
thereof, shall, upon resigning or vacating his
office and at least once in every year at such
time as may be specified by the rules of the
union and at any other times at which he
may be required to do so by a resolution of
the members of the union or by the rules
thereof, render to the union and its
members a just and true account of all
moneys received and paid by him during the
period which has elapsed since the date of
his assuming office, or if he has previously
rendered an account, since the last date
upon which he rendered such account, and
of the balance remaining in his hands, at the
time of rendering such account and of all
bonds, securities, or other property of the
trade union entrusted to his custody or
under his control.
(2) The form of account may be
prescribed by regulation.
(3) The account shall be verified by
affidavit, and the union shall cause the
account to be audited by some fit and
proper person approved by the Registrar.
(4) After the account has been audited,
the treasurer or other officer referred to in
subsection (1) shall forthwith hand over to
the trustees of the union, if required by
them to do so, such balance as appears to be
due from him, and also, if so required, all
bonds, securities, effects, books, papers, and
property of the union in his hands or
custody, or otherwise under his control.
Injunction to
restrain
unauthorized
or unlawful
expenditure of
funds.
Treasurer to
render
accounts.
VII/354
TRADE UNIONS
[Cap.174
50. (1) The secretary of every registered
trade union shall furnish annually to the
Registrar on or before the prescribed date in
each and every year a general statement
audited in the prescribed manner, of all
receipts and expenditure during the period
of twelve months ending on the thirty-first
day of March next preceding such
prescribed date, and of the assets and
liabilities of the trade union as at such
thirty-first day of March. The statement
shall be accompanied by a copy of the
auditor's report and shall be prepared in
such form and shall comprise such
particulars as may be prescribed.
(2) Together with the general statement
referred to in subsection (1), the secretary of
each registered trade union shall furnish to
the Registrar a copy of all alterations or
amendments of rules, and of all new rules,
and a list of all changes of officers, made by
the union during the period of twelve
months preceding the said thirty-first day of
March, and a copy of the rules of the trade
union in force on that day.
(3) In the case of a registered trade union
which was established before the
commencement of this Ordinance, it shall be
lawful for the Registrar, on application
made to him in that behalf, by writing under
his hand to substitute the day on which the
financial year of that trade union ends for
the thirty-first day of March mentioned in
subsections (1) and (2) and, if necessary,
some other date for the date prescribed for
the purposes of subsection (1); and all the
provisions of this section shall thereupon
apply accordingly in the case of that
registered trade union as though the date
and the day so substituted were respectively
the date referred to in subsection (1) and the
day referred to in subsections (1) and (2).
(4) Every member of a registered trade
union shall be entitled to receive free of
charge a copy of the general statement
referred to in subsection (1) and the
secretary of each registered trade union shall
deliver a copy of such statement to every
member of his union who makes application
to him therefor.
(5) Any secretary of a registered trade
union who fails to comply with any of the
requirements of this section shall be guilty
of an offence, and shall, on conviction after
summary trial by a Magistrate, be liable to a
fine not exceeding one hundred rupees.
(6) Every person who wilfully makes or
orders or causes or procures to be made any
false entry in or omission from any general
statement, copy or list delivered to the
Registrar under subsections (1) and (2) shall
be guilty of an offence and shall be liable to
a fine not exceeding one hundred rupees, or
to imprisonment of either description for a
term not exceeding three months, or to both
such fine and imprisonment.
51. The account books of a registered
trade union and a list of the members
thereof shall be open to inspection by any
officer or member of the trade union at such
times as may be provided for in the rules of
the trade union.
Inspection of
accounts and
documents.
PART IX
REGULATIONS
52.
(1) The Minister may make
Regulations
regulations for the purpose of carrying out
or giving effect to the principles and
provisions of this Ordinance.
(2) In particular and without prejudice to
the generality of the powers conferred by
subsection (1), the Minister may make
regulations for or in respect of all or any of
the following matters :—
(a) all matters stated or required in this
Ordinance to be prescribed ;
(b) the books and registers to be kept for
the purposes of this Ordinance and
the forms thereof;
(c) the manner in which trade unions and
the rules of the trade unions shall
be registered and the fees payable
on registration;
(d) the manner in which, and the
qualifications of persons by whom,
the accounts of registered trade
unions or of any class of such
unions shall be audited ;
Annual
returns.
VII/355
Cap. 174]
TRADE UNIONS
(e) the conditions subject to which
inspection of documents kept by the
Registrar shall be allowed and the
fees which shall be chargeable in
respect of such inspections ;
(f) the due disposal and safe custody of
the funds and moneys of a trade
union;
(g) the creation, administration,
protection, control and disposal of
the benevolent funds of registered
trade unions and all matters
connected therewith or incidental
thereto; and
(h) generally for all matters incidental to
or connected with the matters or
subjects specifically mentioned in
this subsection.
(3) The Minister may by regulation
declare that any regulation made under
paragraph (g) of subsection (2) shall apply
to a specified trade union only or that any
particular trade union or class of trade
union shall be exempt from the operation of
any regulation made under that paragraph
of that subsection.
53. (1) No regulation made under
section 52 shall have effect unless it has been
approved by Parliament. Notification of
such approval shall be published in the
Gazette.
(2) Every regulation made by the
Minister shall upon publication of a
notification of the approval of that
regulation as provided for in subsection (1),
be as valid and effectual as if it were herein
enacted.
PART X
OFFENCES AND PENALTIES
54. (1) Where, on complaint made by a
member of a registered trade union, it is
shown to the satisfaction of a Magistrate
that any officer or member of that union
has in his possession or control any
property of the union except in accordance
with the rules of the union, or has
unlawfully expended or withheld any money
of the union, the Magistrate shall, if he
considers the justice of the case so requires,
order such officer or member to deliver all
such property to the trustees of the union
and to pay to them the money so unlawfully
expended or withheld.
(2) A complaint made under subsection
(1) shall not be entertained unless the
Magistrate is satisfied that the complainant
is, on the date of that complaint, a member
of the registered trade union in respect of
the property of which such complaint is so
made.
(3) Any person bound by an order made
under subsection (1) who fails to comply
with the terms thereof and the directions
given therein within a time to be specified in
such order shall be guilty of an offence and
shall, on conviction after summary trial by a
Magistrate, be liable to a fine not exceeding
five hundred rupees.
(4) An order under subsection (1) shall
not affect or prevent a prosecution of, or
civil proceedings against, any such officer or
member.
55. Any person who, with intent to
deceive, gives to any member of a registered
trade union or to any person intending or
applying to become a member of such trade
union any document purporting to be a
copy of the rules of the trade union or of
any alterations thereto which he knows, or
has reason to believe, is not a correct copy
of such rules or alterations as are for the
time being in force, or any person who, with
the like intent, gives a copy of any rules of
an unregistered trade union to any person
on the pretence that such rules are the rules
of a registered trade union, shall be guilty of
and offence and shall on conviction after
summary trial by a Magistrate be liable to a
fine not exceeding one hundred rupees or to
imprisonment of either description for any
period not exceeding three months, or to
both such fine and imprisonment.
56. If default is made on the part of any
registered trade union in doing any act, in
giving any notice, or in sending any
statement, return or other document as
required by this Ordinance or by the
regulations made thereunder, every officer
or other person bound by the rules of the
trade union or under the provisions of this
Supplying false
information
regarding trade
Penalty for
failure to
comply with
requirements
of this
Ordinance in
regard to
r
eturns, &c.
Approval of
regulations.
Penalty for
misuse of
money or
property of a
registered trade
union.
VII/356
unions.
TRADE UNIONS
[Cap.174
Ordinance or the regulations made
thereunder to do such act, or to give such notice,
or to send such statement, return or
document, or, if there is no such officer or
person, every member of the executive of
that registered trade union shall severally be
guilty of an offence and shall on conviction
after summary trial by a Magistrate be
liable to a fine not exceeding fifty rupees.
General 57. (1) Every person who, and every
penalty,
trade
union which, contravenes any
provision of this Ordinance or any
regulation made thereunder shall be guilty
of an offence and shall, on conviction after
summary trial by a Magistrate, be liable to a
fine not exceeding one hundred rupees
unless some other punishment is provided
for such offence by this Ordinance.
(2) Upon conviction of an unregistered
trade union under subsection (1), every
person proved to have been a member of the
executive of that trade union at any time
after the commencement of this Ordinance
shall be deemed severally to be guilty of the
offence for which the trade union was so
convicted and the Magistrate shall, after
necessary enquiry, declare in his judgment
and verdict the name of each person so
deemed to be guilty and shall pass sentence
upon him according to law.
Limitation of
58. No prosecution shall be instituted
prosecutions
.
under
this
Ordinance except by, or at the
instance of, or with the written consent of,
the Attorney-General.
59. The offences and penalties
specifically defined and provided in this
Ordinance are in addition to and not in
substitution of those defined and provided
in any other written law.
Saving of
offences under
other written
law.
PART XI
MISCELLANEOUS
60. This Ordinance shall not affect—
Ordinance not
to affect
(a) any agreement between partners as to
certain
agreements.
their own business ; or
(b) any agreement between an employer
and those employed by him as to
such employment; or
(c) any agreement in consideration of the
sale of the goodwill of a business or
of instruction in any profession,
trade or handicraft.
61. The following enactments,
Certain
namely:-
Ordinances not
to apply to
trade unions.
(a) the Companies Ordinance*,
(b) the Societies Ordinance,
(c) the Business Names Ordinance, and
(d) the Co-operative Societies Law,
shall not apply to any trade union; and the
registration of any trade union under any of
those enactments shall be void.
62.
Every summons, notice or other
Service of legal
document required to be served on a trade
process.
union in any civil or criminal proceeding
shall be deemed to be duly served if it is
delivered at the registered office of the trade
union or if it is served personally on the
president or the treasurer or the secretary or
on any officer of the trade union provided
that such service is otherwise in compliance
with the requirments of written law.
FIRST SCHEDULE
[Section 38.]
MATTERS FOR WHICH PROVISION MUST BE MADE IN THE RULES OF EVERY REGISTERED TRADE UNION
1. The name of the trade union and the place of meeting for the business of the trade union.
2. The whole of the objects for which the trade union is to be established, the purposes for which the funds
thereof shall be applicable, the conditions under which any member thereof may become entitled to any benefit
assured thereby, and the fines and forfeitures to be imposed on any member thereof.
3. The manner of making, altering, amending, and rescinding rules.
• Repealed and replaced by the Companies Act, No. 17 of 1982.
VII/357
Cap. 174]
TRADE UNIONS
4. The appointment or election and removal of an executive and of trustees, secretaries, treasurers, and other
officers, of the trade union.
5. The custody and investment of the funds of the trade union, the designation of the officer or officers
responsible therefor, and the annual or periodical audit of its accounts.
6. The inspection of the books and names of members of the trade union by any person having an interest in
the funds of the trade union.
7. The manner of the dissolution of the trade union and the disposal of the funds thereof available at the time
of such dissolution.
SECOND SCHEDULE
Form I
[Section
FORM OF POLITICAL FUND CONTRIBUTION NOTICE
47(5).]
POLITICAL FUND CONTRIBUTION NOTICE
Name of Trade Union:.
I,................
hereby
give
notice that I am willing, and agree,
to
contribute
to
the political fund
of
the
above Trade Union; and I understand that I shall, in consequence, be liable to contribute to that fund, and shall
continue to be so liable, unless I deliver at the office of the Union a written notice of withdrawal.
(Signed) A. B.
Address
:...............
Date of delivery:............
Membership number (if any):.
Form II
FORM OF WITHDRAWAL OF POLITICAL FUND CONTRIBUTION NOTICE
WITHDRAWAL OF POLITICAL FUND CONTRIBUTION NOTICE
Name of Trade Union :................
I,................
hereby
give
notice
that
I withdraw the political
fund
contribution notice delivered
by
me
at
the registered office of the above Trade Union, signifying my willingness to contribute to the political fund of that
Union; and I understand that from the date of delivery of this notice at the registered office of the Union I shall
not be liable to contribute to the political fund of the Union, unless I deliver at the registered office of the Union a
further contribution notice.
(Signed) A. B.
Address:
...............
Date of delivery:............
Membership number (if any): .
VII/358

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