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Wakilii

Trade Unions Act

Cap. 223 Decree 20 of 1976 Current version · as at 31 December 2000

An Act to amend and consolidate the law establishing and regulating the National Organisation of Trade Unions and providing for the formation by employees of autonomous trade unions and branch unions of their own choice, and for other purposes connected therewith.

Enacted1976
Commenced23 July 1976
Last amended
Point-in-time consolidation · as at 31 December 2000. This page may not reflect amendments made after that date. Confirm the current position against the latest Uganda Gazette before relying on it.

About this Act

An Act to amend and consolidate the law establishing and regulating the National Organisation of Trade Unions and providing for the formation by employees of autonomous trade unions and branch unions of their own choice, and for other purposes connected therewith.

Jurisdiction
Uganda
Type
Principal Legislation
Status
In force
Language
English

Full text of the Act

1 part · 72 sections · 2 Schedules

Enhanced Annotated View adds approved, source-linked propositions, operative requirements, judicial passages, related provisions, amendment notes and authority status. Choose Original PDF to inspect the source consolidation.

Uganda

Trade Unions Act

Chapter 223

Commenced on 23 July 1976

[This is the version of this document at 31 December 2000.]

An Act to amend and consolidate the law establishing and regulating the National Organisation of Trade Unions and providing for the formation by employees of autonomous trade unions and branch unions of their own choice, and for other purposes connected therewith.

Part i

12. Power of registrar to interdict or suspend certain officers, etc
(1)

The registrar may interdict or suspend any officer or any person acting as an officer of a registered trade union if he or she is satisfied that that officer or person is guilty of-

(a)

misuse;

(b)

misappropriation; or

(c)

mismanagement, of the funds or affairs of the trade union.

(2)

Where the registrar interdicts or suspends any officer or person under subsection (1), he or she shall immediately forward to the trade unions tribunal a certified copy of his or her decision, and the trade unions tribunal may confirm, modify or alter the decision of the registrar.

(3)

The trade unions tribunal may direct the registrar to remove or reinstate any such officer or person, and the registrar shall comply with that direction.

(4)

Any officer or other person removed under subsection (3) may, within a period of two months from the date of the direction, appeal to the High Court, and section 11(6) and (7) shall thereupon apply.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Power of registrar to interdict or suspend certain officers, etc”.

“(1) The registrar may interdict or suspend any officer or any person acting as an officer of a registered trade union if he or she is satisfied that that officer or person is guilty of-”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

7
  1. (1) The registrar may interdict or suspend any officer or any person acting as an officer of a registered trade union if he or she is satisfied that that officer or person is guilty of-
  2. (a) misuse;
  3. (b) misappropriation; or
  4. (c) mismanagement, of the funds or affairs of the trade union.
  5. (2) Where the registrar interdicts or suspends any officer or person under subsection (1), he or she shall immediately forward to the trade unions tribunal a certified copy of his or her decision, and the trade unions tribunal may confirm, modify or alter the decision of the registrar.
  6. (3) The trade unions tribunal may direct the registrar to remove or reinstate any such officer or person, and the registrar shall comply with that direction.
  7. (4) Any officer or other person removed under subsection (3) may, within a period of two months from the date of the direction, appeal to the High Court, and section 11(6) and (7) shall thereupon apply.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions
Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
13. Unregistered trade unions prohibited from carrying on business
(1)

No trade union or any of its members shall perform any act in furtherance of the objects for which it has been formed unless the trade union has been registered in accordance with this Act.

(2)

Subsection (1) shall not apply to a person taking part in the management or organisation of the trade union or acting on behalf of or as an officer of the trade union for the purpose of-

(a)

any proceedings brought by or against the trade union; or

(b)

dissolving the trade union and disposing of its funds in accordance with its rules.

(3)

Any trade union which fails to apply for registration under and in accordance with this Act shall not enjoy any of the rights, immunities or privileges of a registered trade union, nor shall its officers or members enjoy any of the rights, immunities or privileges accorded to the officers and members of a registered trade union.

(4)

Any trade union, any of its officers, and any person acting as an officer of the trade union or purporting so to act, who contravenes subsection (1), commits an offence and is liable to a fine not exceeding five hundred shillings, and in the case of a continuing offence to a fine not exceeding two hundred shillings for each day during which the offence continues.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Offence or consequence

This section creates or governs statutory liability concerning “Unregistered trade unions prohibited from carrying on business”.

“(1) No trade union or any of its members shall perform any act in furtherance of the objects for which it has been formed unless the trade union has been registered in accordance with this Act.”
Primary legislation Source quotation matched
Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

6
  1. (1) No trade union or any of its members shall perform any act in furtherance of the objects for which it has been formed unless the trade union has been registered in accordance with this Act.
  2. (2) Subsection (1) shall not apply to a person taking part in the management or organisation of the trade union or acting on behalf of or as an officer of the trade union for the purpose of-
  3. (a) any proceedings brought by or against the trade union; or
  4. (b) dissolving the trade union and disposing of its funds in accordance with its rules.
  5. (3) Any trade union which fails to apply for registration under and in accordance with this Act shall not enjoy any of the rights, immunities or privileges of a registered trade union, nor shall its officers or members enjoy any of the rights, immunities or privileges accorded to the officers and members of a registered trade union.
  6. (4) Any trade union, any of its officers, and any person acting as an officer of the trade union or purporting so to act, who contravenes subsection (1), commits an offence and is liable to a fine not exceeding five hundred shillings, and in the case of a continuing offence to a fine not exceeding two hundred shillings for each day during which the offence continues.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
14. Information required by the Minister from the National Organisation of Trade Unions
(1)

The Minister may, in writing, order any officer of the National Organisation of Trade Unions to furnish, within a stated time, such particulars as appear to the Minister necessary about any association or organisation to which the National Organisation of Trade Unions may be affiliated.

(2)

Any officer who, when so required, fails to furnish within a stated time such particulars as it is in his or her power to give or who knowingly furnishes false particulars, commits an offence and is liable to imprisonment for a term not exceeding three months or to a fine not exceeding one thousand shillings or to both.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Offence or consequence

This section creates or governs statutory liability concerning “Information required by the Minister from the National Organisation of Trade Unions”.

“(1) The Minister may, in writing, order any officer of the National Organisation of Trade Unions to furnish, within a stated time, such particulars as appear to the Minister necessary about any association or organisation to which the National Organisation of Trade Unions may be affiliated.”
Primary legislation Source quotation matched
Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (1) The Minister may, in writing, order any officer of the National Organisation of Trade Unions to furnish, within a stated time, such particulars as appear to the Minister necessary about any association or organisation to which the National Organisation of Trade Unions may be affiliated.
  2. (2) Any officer who, when so required, fails to furnish within a stated time such particulars as it is in his or her power to give or who knowingly furnishes false particulars, commits an offence and is liable to imprisonment for a term not exceeding three months or to a fine not exceeding one thousand shillings or to both.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
15. Registration of branch unions
(1)

A registered trade union may, for the proper management of its affairs, form such number of branch unions as it may deem fit.

(2)

An application for the registration of a branch of a registered trade union shall be made by the secretary of the registered trade union within sixty days from the date of its formation.

(3)

The application shall be signed by the secretary, and accompanied by the prescribed fee and shall contain the following particulars-

(a)

the name of the registered trade union, the name of the branch, the postal address of the branch office or of the place of meeting for carrying out the business of the branch; and

(b)

the titles, names, ages, addresses and occupations of the officers of the branch.

(4)

Whenever any branch of the registered trade union is dissolved, notice of dissolution shall be given by the secretary of the branch union to the registrar who shall, subject to subsections (5) and (6), cancel the registration of the branch union.

(5)

Before registering a branch of a registered trade union or cancelling the registration of a branch union, the registrar may require the production of such evidence relating to the formation or dissolution of the branch union as he or she deems necessary.

(6)

If after such inquiry as the registrar deems necessary the registrar is not satisfied as to the validity or propriety of the purported formation or dissolution of a branch of a trade union, he or she may refer the matter to the trade unions tribunal which shall inquire into the matter and make its recommendations to the registrar, who shall register or refuse to register the branch, or cancel the registration of the branch union in accordance with the recommendations.

(7)

Whenever the registrar has reason to believe that a branch union has been dissolved, or that it has ceased to function, he or she may refer the matter to the trade unions tribunal which shall inquire into the matter and send its report together with its recommendations to the registrar who shall, if the tribunal so recommends, cancel the registration of the branch union.

(8)

Any person acting or purporting to act as an officer of a branch of a trade union which has not been registered or of which the registration has been cancelled commits an offence and is liable to a fine not exceeding two thousand shillings.

(9)

For the avoidance of doubt, it is declared that this Act shall, except where the context or the subject matter otherwise requires, apply to branch unions registered under this Act as they apply to registered trade unions.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Offence or consequence

This section creates or governs statutory liability concerning “Registration of branch unions”.

“(1) A registered trade union may, for the proper management of its affairs, form such number of branch unions as it may deem fit.”
Primary legislation Source quotation matched
Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

11
  1. (1) A registered trade union may, for the proper management of its affairs, form such number of branch unions as it may deem fit.
  2. (2) An application for the registration of a branch of a registered trade union shall be made by the secretary of the registered trade union within sixty days from the date of its formation.
  3. (3) The application shall be signed by the secretary, and accompanied by the prescribed fee and shall contain the following particulars-
  4. (a) the name of the registered trade union, the name of the branch, the postal address of the branch office or of the place of meeting for carrying out the business of the branch; and
  5. (b) the titles, names, ages, addresses and occupations of the officers of the branch.
  6. (4) Whenever any branch of the registered trade union is dissolved, notice of dissolution shall be given by the secretary of the branch union to the registrar who shall, subject to subsections (5) and (6), cancel the registration of the branch union.
  7. (5) Before registering a branch of a registered trade union or cancelling the registration of a branch union, the registrar may require the production of such evidence relating to the formation or dissolution of the branch union as he or she deems necessary.
  8. (6) If after such inquiry as the registrar deems necessary the registrar is not satisfied as to the validity or propriety of the purported formation or dissolution of a branch of a trade union, he or she may refer the matter to the trade unions tribunal which shall inquire into the matter and make its recommendations to the registrar, who shall register or refuse to register the branch, or cancel the registration of the branch union in accordance with the recommendations.

3 further items remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
Rights and liabilities
16. Benefits of registration

On the registration of a trade union under this Act, the registered trade union shall enjoy all the rights, immunities or privileges of a registered trade union conferred on a registered trade union by this Act

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Benefits of registration”.

“On the registration of a trade union under this Act, the registered trade union shall enjoy all the rights, immunities or privileges of a registered trade union conferred on a registered trade union by this Act”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. On the registration of a trade union under this Act, the registered trade union shall enjoy all the rights, immunities or privileges of a registered trade union conferred on a registered trade union by this Act
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
17. Rights, immunities, etc
(1)

The rights, immunities or privileges conferred by this Act on the National Organisation of Trade Unions or a registered trade union shall be as follows-

(a)

no suit or other legal proceedings shall be maintainable in any civil court against the National Organisation of Trade Unions or any registered trade union or any officer or member of the National Organisation of Trade Unions or registered trade union in respect of any act done in contemplation or in furtherance of a dispute concerning the National

Organisation of Trade Unions or registered trade union to which a member of the National Organisation of Trade Unions is a party on the ground only that such an 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 rights of some other person to dispose of his or her capital or his or her labour as he or she wills;

(b)

a suit against the National Organisation of Trade Unions or a registered trade union or against any member or officer thereof on behalf of themselves and all other members of the National Organisation of Trade Unions or a registered trade union in respect of any tortious act alleged to have been committed by or on behalf of the National Organisation of Trade Unions or a registered trade union shall not be entertained by any court;

(c)

the objects of the National Organisation of Trade Unions or a registered trade union shall not by reason only that they are in restraint of trade-

(i)

be deemed to be unlawful so as to render any member of the National Organisation of Trade Unions or a registered trade union liable to criminal prosecution for conspiracy or otherwise; or

(ii)

be unlawful so as to render void or voidable any agreement or trust;

(d)

a registered trade union may sue or be sued under its registered name;

(e)

every employer shall be bound to recognise a registered trade union to which at least 51 percent of his or her employees have freely subscribed their membership and in respect of which the registrar has issued a certificate under his or her hand certifying the registered trade union to be a negotiating body with which the employer is to deal in all matters affecting the relationship between the employer and those of his or her employees who fall within the scope of membership of the registered trade union.

(2)

For the purpose of subsection (1)(e), whenever an employer refuses to deal with a registered trade union as provided in that subsection, the trade union shall report the facts to the Minister who shall call upon the employer to show cause in writing within twenty-eight days why the trade union is not been so recognised.

(3)

Where the Minister is not satisfied with the cause shown by the employer under subsection (2) or the Minister considers that the public interest so requires, the Minister may, by statutory order and after informing the parties concerned, declare that the registered trade union shall deal in respect of all matters relating to the relations of the employer with those of his or her employees who fall within the scope of membership of that trade union.

(4)

Any person who fails to show cause as required under subsection (2) or does not recognise the registered trade union as declared under subsection (3) commits an offence and is liable to a fine not exceeding twenty thousand shillings or to imprisonment for a term not exceeding five years, and in the case of a continuing offence, to a fine of one hundred shillings for every day during which the offence continues.

(5)

Where an offence under this section is committed by a body corporate, every director or other officer of the body corporate is liable to a fine not exceeding twenty thousand shillings or to imprisonment for a term not exceeding five years unless he or she proves that he or she took all necessary steps to prevent the commission of the offence.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Offence or consequence

This section creates or governs statutory liability concerning “Rights, immunities, etc”.

“(1) The rights, immunities or privileges conferred by this Act on the National Organisation of Trade Unions or a registered trade union shall be as follows-”
Primary legislation Source quotation matched
Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

12
  1. (1) The rights, immunities or privileges conferred by this Act on the National Organisation of Trade Unions or a registered trade union shall be as follows-
  2. (a) no suit or other legal proceedings shall be maintainable in any civil court against the National Organisation of Trade Unions or any registered trade union or any officer or member of the National Organisation of Trade Unions or registered trade union in respect of any act done in contemplation or in furtherance of a dispute concerning the National
  3. (b) a suit against the National Organisation of Trade Unions or a registered trade union or against any member or officer thereof on behalf of themselves and all other members of the National Organisation of Trade Unions or a registered trade union in respect of any tortious act alleged to have been committed by or on behalf of the National Organisation of Trade Unions or a registered trade union shall not be entertained by any court;
  4. (c) the objects of the National Organisation of Trade Unions or a registered trade union shall not by reason only that they are in restraint of trade-
  5. (i) be deemed to be unlawful so as to render any member of the National Organisation of Trade Unions or a registered trade union liable to criminal prosecution for conspiracy or otherwise; or
  6. (ii) be unlawful so as to render void or voidable any agreement or trust;
  7. (d) a registered trade union may sue or be sued under its registered name;
  8. (e) every employer shall be bound to recognise a registered trade union to which at least 51 percent of his or her employees have freely subscribed their membership and in respect of which the registrar has issued a certificate under his or her hand certifying the registered trade union to be a negotiating body with which the employer is to deal in all matters affecting the relationship between the employer and those of his or her employees who fall within the scope of membership of the registered trade union.

4 further items remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
18. Liability in contract
(1)

The National Organisation of Trade Unions and every registered trade union shall be liable on any contract not being a contract which is void or unenforceable at law, entered into by it or by an agent acting on its behalf.

(2)

Nothing in this Act shall be deemed to constitute any of the following agreements unlawful, nor shall a court entertain any legal proceeding instituted with the object of directly enforcing or recovering damages for the breach of any such agreements, namely-

(a)

any agreement between members of a registered trade union as such, concerning the conditions on which any members for the time being of the trade union shall or shall not sell their goods, transact business, employ or be employed;

(b)

any agreement for the payment by any person of any subscription or penalty to a registered trade union;

(c)

any agreement for the application of the funds of a registered trade union-

(i)

to provide benefits to members, other than a benefit under a contributory provident fund or pensions scheme; or

(ii)

to furnish contributions to any employer or employee who is not a member of the trade union in consideration of the employer or employee acting in conformity with the rules or regulations of the trade union; or

(iii)

to discharge any fine imposed upon any member or employee of the trade union by sentence of a court of competent jurisdiction;

(d)

any agreement made between one registered trade union and another; or

(e)

any bond to secure the performance of any of the abovementioned agreements.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Jurisdictional rule

This section establishes the jurisdictional rule for “Liability in contract”.

“(1) The National Organisation of Trade Unions and every registered trade union shall be liable on any contract not being a contract which is void or unenforceable at law, entered into by it or by an agent acting on its behalf.”
Primary legislation Source quotation matched
Practical effect

A litigant should establish this jurisdictional basis before asking the court to determine the merits.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

10
  1. (1) The National Organisation of Trade Unions and every registered trade union shall be liable on any contract not being a contract which is void or unenforceable at law, entered into by it or by an agent acting on its behalf.
  2. (2) Nothing in this Act shall be deemed to constitute any of the following agreements unlawful, nor shall a court entertain any legal proceeding instituted with the object of directly enforcing or recovering damages for the breach of any such agreements, namely-
  3. (a) any agreement between members of a registered trade union as such, concerning the conditions on which any members for the time being of the trade union shall or shall not sell their goods, transact business, employ or be employed;
  4. (b) any agreement for the payment by any person of any subscription or penalty to a registered trade union;
  5. (c) any agreement for the application of the funds of a registered trade union-
  6. (i) to provide benefits to members, other than a benefit under a contributory provident fund or pensions scheme; or
  7. (ii) to furnish contributions to any employer or employee who is not a member of the trade union in consideration of the employer or employee acting in conformity with the rules or regulations of the trade union; or
  8. (iii) to discharge any fine imposed upon any member or employee of the trade union by sentence of a court of competent jurisdiction;

2 further items remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
19. Proceedings by and against unions
(1)

A registered trade union may sue, be sued or be prosecuted under the name by which it has been operating or is generally known.

(2)

A trade union whose registration has been cancelled may sue, be sued or be prosecuted under the name by which it was registered.

(3)

Execution for any money recoverable from any trade union in civil proceedings may issue against any property belonging to or held in trust for the trade union other than its benevolent fund.

(4)

Any fine ordered to be paid by any trade union may be recovered by distress and sale of any property belonging to or held in trust for such trade union in accordance with the provisions of the Magistrates Courts Act.

(5)

No distress shall be levied on any provident or benevolent fund kept by a trade union unless the court so orders.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Proceedings by and against unions”.

“(1) A registered trade union may sue, be sued or be prosecuted under the name by which it has been operating or is generally known.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

5
  1. (1) A registered trade union may sue, be sued or be prosecuted under the name by which it has been operating or is generally known.
  2. (2) A trade union whose registration has been cancelled may sue, be sued or be prosecuted under the name by which it was registered.
  3. (3) Execution for any money recoverable from any trade union in civil proceedings may issue against any property belonging to or held in trust for the trade union other than its benevolent fund.
  4. (4) Any fine ordered to be paid by any trade union may be recovered by distress and sale of any property belonging to or held in trust for such trade union in accordance with the provisions of the Magistrates Courts Act.
  5. (5) No distress shall be levied on any provident or benevolent fund kept by a trade union unless the court so orders.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions
Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
20. Membership of minors
(1)

Subject to the rules of the registered trade union, a minor-

(a)

may be a member of a registered trade union; and

(b)

shall enjoy all the rights of a member except as otherwise provided in this Act.

(2)

A minor shall have capacity to execute all instruments and give all acquittances necessary to be executed or given under the constitution or rules of the registered trade union of which he or she is a member.

(3)

A minor shall not be a member of the executive or a trustee of the National Organisation of Trade Unions or a registered trade union.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Membership of minors”.

“(1) Subject to the rules of the registered trade union, a minor-”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

5
  1. (1) Subject to the rules of the registered trade union, a minor-
  2. (a) may be a member of a registered trade union; and
  3. (b) shall enjoy all the rights of a member except as otherwise provided in this Act.
  4. (2) A minor shall have capacity to execute all instruments and give all acquittances necessary to be executed or given under the constitution or rules of the registered trade union of which he or she is a member.
  5. (3) A minor shall not be a member of the executive or a trustee of the National Organisation of Trade Unions or a registered trade union.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
21. Officers of the National Organisation of Trade Unions and registered trade unions
(1)

Subject to this section and to the permission of the registrar, all officers of the National Organisation of Trade Unions or a registered trade union, other than the secretary and treasurer, shall be persons who have been and still are engaged or employed for a period of not less than one year in an industry or occupation with which the National Organisation of Trade Unions or the trade union is directly concerned; and no officer of the National Organisation of Trade Unions shall hold an office in any registered trade union, nor shall an officer of a registered trade union hold office in another trade union, but such officer may hold an office in the National Organisation of Trade Unions.

(2)

An officer of the National Organisation of Trade Unions or a registered trade union shall not be required to relinquish his or her office only on account of his or her ceasing to be employed in the industry or occupation with which his or her trade union is directly concerned.

(3)

No person shall hold office in the National Organisation of Trade Unions or in a registered trade union who has been convicted of any offence involving fraud or dishonesty.

(4)

No person shall hold office in the National Organisation of Trade Unions or in a registered trade union on a full-time basis if he or she is employed in any other institution where such person is paid a regular salary.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Offence or consequence

This section creates or governs statutory liability concerning “Officers of the National Organisation of Trade Unions and registered trade unions”.

“(1) Subject to this section and to the permission of the registrar, all officers of the National Organisation of Trade Unions or a registered trade union, other than the secretary and treasurer, shall be persons who have been and still are engaged or employed for a period of not less than one year in an industry or occupation with which the National Organisation of Trade Unions or the trade union is directly concerned; and no officer of the National Organisation of Trade Unions shall hold an office in any…”
Primary legislation Source quotation matched
Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

4
  1. (1) Subject to this section and to the permission of the registrar, all officers of the National Organisation of Trade Unions or a registered trade union, other than the secretary and treasurer, shall be persons who have been and still are engaged or employed for a period of not less than one year in an industry or occupation with which the National Organisation of Trade Unions or the trade union is directly concerned; and no officer of the National Organisation of Trade Unions shall hold an office in any registered trade union, nor shall an officer of a registered trade union hold office in another trade union, but such officer may hold an office in the National Organisation of Trade Unions.
  2. (2) An officer of the National Organisation of Trade Unions or a registered trade union shall not be required to relinquish his or her office only on account of his or her ceasing to be employed in the industry or occupation with which his or her trade union is directly concerned.
  3. (3) No person shall hold office in the National Organisation of Trade Unions or in a registered trade union who has been convicted of any offence involving fraud or dishonesty.
  4. (4) No person shall hold office in the National Organisation of Trade Unions or in a registered trade union on a full-time basis if he or she is employed in any other institution where such person is paid a regular salary.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
22. Voting members of the National Organisation of Trade Unions and registered trade unions
(1)

No person shall be a voting member of the National Organisation of Trade Unions or of a registered trade union unless he or she is a member thereof and is employed or resident in Uganda.

(2)

Without prejudice to any shorter period specified in the constitution or rules of the National Organisation of Trade Unions or a registered trade union, no person shall be a voting member of the National Organisation of Trade Unions or that trade union if his or her monthly subscription is more than thirteen weeks in arrears.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Voting members of the National Organisation of Trade Unions and registered trade unions”.

“(1) No person shall be a voting member of the National Organisation of Trade Unions or of a registered trade union unless he or she is a member thereof and is employed or resident in Uganda.”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (1) No person shall be a voting member of the National Organisation of Trade Unions or of a registered trade union unless he or she is a member thereof and is employed or resident in Uganda.
  2. (2) Without prejudice to any shorter period specified in the constitution or rules of the National Organisation of Trade Unions or a registered trade union, no person shall be a voting member of the National Organisation of Trade Unions or that trade union if his or her monthly subscription is more than thirteen weeks in arrears.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
23. Alterations to constitution and rules, etc
(1)

Subject to this Act and to the conditions contained in its constitution or rules, the National Organisation of Trade Unions or a registered trade union may alter or add to its objects or to its constitution or rules.

(2)

Notwithstanding this section, no alteration or additions to the name, other than the name of the National Organisation of Trade Unions, or objects of the National Organisation of Trade Unions or a registered trade union shall be valid unless notice in writing containing particulars of the proposed alteration or addition has first been given to the registrar and he or she has signified in writing that he or she approves the proposed change.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Alterations to constitution and rules, etc”.

“(1) Subject to this Act and to the conditions contained in its constitution or rules, the National Organisation of Trade Unions or a registered trade union may alter or add to its objects or to its constitution or rules.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (1) Subject to this Act and to the conditions contained in its constitution or rules, the National Organisation of Trade Unions or a registered trade union may alter or add to its objects or to its constitution or rules.
  2. (2) Notwithstanding this section, no alteration or additions to the name, other than the name of the National Organisation of Trade Unions, or objects of the National Organisation of Trade Unions or a registered trade union shall be valid unless notice in writing containing particulars of the proposed alteration or addition has first been given to the registrar and he or she has signified in writing that he or she approves the proposed change.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
24. Annual general meetings
(1)

The National Organisation of Trade Unions and every registered trade union shall, in each calendar year, hold a general meeting as its annual general meeting in addition to any other meetings in that year, and shall specify the meeting as such in the notice calling it.

(2)

Not more than fifteen months shall elapse between the date of one annual general meeting of the National Organisation of Trade Unions or a registered trade union and that of the next.

(3)

In the case of the first annual general meeting of a registered trade union, the period of fifteen months specified in subsection (2) shall be calculated from the date of its formation.

(4)

If default is made in holding an annual general meeting in accordance with subsections (1), (2) and (3), the registrar shall call or direct the calling of an annual general meeting of the National

Organisation of Trade Unions or the registered trade union, as the case may be, and give such ancillary or consequential directions modifying or supplementing, with immediate effect in relation to the calling, holding and conducting of the meeting, the operation, constitution or rules of the National Organisation of Trade Unions or the trade union.

(5)

Directions given by the registrar under subsection (4) shall include a direction that a certain number of members of the National Organisation of Trade Unions or the registered trade union present in person shall be deemed to constitute the annual general meeting for the year notwithstanding the terms of the constitution or rules of the National Organisation of Trade Unions or the trade union, unless a meeting so held is not held in the year in which the default in holding the National Organisation of Trade Unions or the trade union's annual general meeting occurred.

(6)

An annual general meeting held under subsections (4) and (5) shall not be adjourned for any reason without the permission of the registrar.

(7)

If default is made in holding an annual general meeting in accordance with subsection (1) or in complying with any directions of the registrar under subsections (4) and (5), the registrar may refer the matter to the trade unions tribunal, and every officer of the National Organisation of Trade Unions or the trade union concerned may be dealt with in accordance with section 11(3) .

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Annual general meetings”.

“(1) The National Organisation of Trade Unions and every registered trade union shall, in each calendar year, hold a general meeting as its annual general meeting in addition to any other meetings in that year, and shall specify the meeting as such in the notice calling it.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

7
  1. (1) The National Organisation of Trade Unions and every registered trade union shall, in each calendar year, hold a general meeting as its annual general meeting in addition to any other meetings in that year, and shall specify the meeting as such in the notice calling it.
  2. (2) Not more than fifteen months shall elapse between the date of one annual general meeting of the National Organisation of Trade Unions or a registered trade union and that of the next.
  3. (3) In the case of the first annual general meeting of a registered trade union, the period of fifteen months specified in subsection (2) shall be calculated from the date of its formation.
  4. (4) If default is made in holding an annual general meeting in accordance with subsections (1), (2) and (3), the registrar shall call or direct the calling of an annual general meeting of the National
  5. (5) Directions given by the registrar under subsection (4) shall include a direction that a certain number of members of the National Organisation of Trade Unions or the registered trade union present in person shall be deemed to constitute the annual general meeting for the year notwithstanding the terms of the constitution or rules of the National Organisation of Trade Unions or the trade union, unless a meeting so held is not held in the year in which the default in holding the National Organisation of Trade Unions or the trade union's annual general meeting occurred.
  6. (6) An annual general meeting held under subsections (4) and (5) shall not be adjourned for any reason without the permission of the registrar.
  7. (7) If default is made in holding an annual general meeting in accordance with subsection (1) or in complying with any directions of the registrar under subsections (4) and (5), the registrar may refer the matter to the trade unions tribunal, and every officer of the National Organisation of Trade Unions or the trade union concerned may be dealt with in accordance with section 11(3).
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions
Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
25. Extraordinary general meeting
(1)

The executive committee of the National Organisation of Trade Unions or a registered trade union notwithstanding anything in its constitution or rules shall, on the requisition of not less than one- tenth of its members, immediately proceed to convene an extraordinary general meeting of the National Organisation of Trade Unions or the trade union, as the case may be.

(2)

The requisition shall state the objects of the meeting and shall be signed by the requisitionists and deposited at the registered office of the National Organisation of Trade Unions or the concerned trade union.

(3)

If the executive committee does not, within twenty-one days from the date of the deposit of the requisition, proceed duly to convene a meeting to be held not later than forty days after the date of the deposit, the requisitionists or any of them representing more than one of their number may themselves convene a meeting; but any meeting so convened shall not be held after the expiration of three months of the date of the deposit.

(4)

If default is made in holding a meeting in accordance with subsection (1), the registrar may refer the matter to the trade unions tribunal, and any officer of the National Organisation of Trade Unions or the registered trade union concerned may be dealt with in accordance with section 11(3) .

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Extraordinary general meeting”.

“(1) The executive committee of the National Organisation of Trade Unions or a registered trade union notwithstanding anything in its constitution or rules shall, on the requisition of not less than one- tenth of its members, immediately proceed to convene an extraordinary general meeting of the National Organisation of Trade Unions or the trade union, as the case may be.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

4
  1. (1) The executive committee of the National Organisation of Trade Unions or a registered trade union notwithstanding anything in its constitution or rules shall, on the requisition of not less than one- tenth of its members, immediately proceed to convene an extraordinary general meeting of the National Organisation of Trade Unions or the trade union, as the case may be.
  2. (2) The requisition shall state the objects of the meeting and shall be signed by the requisitionists and deposited at the registered office of the National Organisation of Trade Unions or the concerned trade union.
  3. (3) If the executive committee does not, within twenty-one days from the date of the deposit of the requisition, proceed duly to convene a meeting to be held not later than forty days after the date of the deposit, the requisitionists or any of them representing more than one of their number may themselves convene a meeting; but any meeting so convened shall not be held after the expiration of three months of the date of the deposit.
  4. (4) If default is made in holding a meeting in accordance with subsection (1), the registrar may refer the matter to the trade unions tribunal, and any officer of the National Organisation of Trade Unions or the registered trade union concerned may be dealt with in accordance with section 11(3).
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions
Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
26. Record of meetings, etc
(1)

The National Organisation of Trade Unions and every registered trade union shall cause minutes of all proceedings of general meetings and of all proceedings at meetings of its executive committee to be entered in books kept for that purpose, and a copy of the minutes shall be forwarded to the registrar.

(2)

Any such minutes if purporting to be signed by the chairperson of the meeting at which they were recorded or by the chairperson of the next succeeding meeting or meeting of the executive committee, as the case may be, shall be prima facie evidence of the facts contained in the minutes.

(3)

Where minutes have been recorded in accordance with this section, the meeting shall, until the contrary is shown, be deemed to have been duly held and convened and all its proceedings to have been duly taken; and all appointments or dismissals of officers arising from the meeting shall be deemed to be valid.

(4)

If the national organisation of trade unions or a registered trade union fails to comply with subsection (1), the registrar may refer the matter to the trade unions tribunal, and any officer of the National Organisation of Trade Unions or the concerned trade union may be dealt with in accordance with section 11(3) .

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Record of meetings, etc”.

“(1) The National Organisation of Trade Unions and every registered trade union shall cause minutes of all proceedings of general meetings and of all proceedings at meetings of its executive committee to be entered in books kept for that purpose, and a copy of the minutes shall be forwarded to the registrar.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

4
  1. (1) The National Organisation of Trade Unions and every registered trade union shall cause minutes of all proceedings of general meetings and of all proceedings at meetings of its executive committee to be entered in books kept for that purpose, and a copy of the minutes shall be forwarded to the registrar.
  2. (2) Any such minutes if purporting to be signed by the chairperson of the meeting at which they were recorded or by the chairperson of the next succeeding meeting or meeting of the executive committee, as the case may be, shall be prima facie evidence of the facts contained in the minutes.
  3. (3) Where minutes have been recorded in accordance with this section, the meeting shall, until the contrary is shown, be deemed to have been duly held and convened and all its proceedings to have been duly taken; and all appointments or dismissals of officers arising from the meeting shall be deemed to be valid.
  4. (4) If the national organisation of trade unions or a registered trade union fails to comply with subsection (1), the registrar may refer the matter to the trade unions tribunal, and any officer of the National Organisation of Trade Unions or the concerned trade union may be dealt with in accordance with section 11(3).
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions
Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
27. Custody of record of minutes
(1)

The book containing the minutes of proceedings of any general meeting of the National Organisation of Trade Unions or a registered trade union and proceedings of its executive committee shall be kept at the registered office of the National Organisation of Trade Unions or the trade union and shall be open to the inspection of any member or the registrar or anyone authorised in that behalf by the registrar for not less than one hour in each day without charge; and where the National Organisation of Trade Unions or the trade union does not exhibit a notice at the registered office specifying the time for such inspection, then any person entitled to inspect the books under this section shall be entitled to do so immediately on application.

(2)

Any member of the National Organisation of Trade Unions or a registered trade union shall be entitled to be furnished, within fourteen days after he or she has made a request for that purpose to the National Organisation of Trade Unions or the trade union, with a copy of any such minutes as aforesaid at a charge not exceeding one shilling for every hundred words.

(3)

If any inspection required under this section is refused or if any copy required under this section is not sent or delivered within the proper time, every officer of the union who is in default commits an offence and is liable on conviction, in respect of each offence, to a fine not exceeding one hundred shillings.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Offence or consequence

This section creates or governs statutory liability concerning “Custody of record of minutes”.

“(1) The book containing the minutes of proceedings of any general meeting of the National Organisation of Trade Unions or a registered trade union and proceedings of its executive committee shall be kept at the registered office of the National Organisation of Trade Unions or the trade union and shall be open to the inspection of any member or the registrar or anyone authorised in that behalf by the registrar for not less than one hour in each day without charge; and where the National Organisation of Trade Unions…”
Primary legislation Source quotation matched
Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

3
  1. (1) The book containing the minutes of proceedings of any general meeting of the National Organisation of Trade Unions or a registered trade union and proceedings of its executive committee shall be kept at the registered office of the National Organisation of Trade Unions or the trade union and shall be open to the inspection of any member or the registrar or anyone authorised in that behalf by the registrar for not less than one hour in each day without charge; and where the National Organisation of Trade Unions or the trade union does not exhibit a notice at the registered office specifying the time for such inspection, then any person entitled to inspect the books under this section shall be entitled to do so immediately on application.
  2. (2) Any member of the National Organisation of Trade Unions or a registered trade union shall be entitled to be furnished, within fourteen days after he or she has made a request for that purpose to the National Organisation of Trade Unions or the trade union, with a copy of any such minutes as aforesaid at a charge not exceeding one shilling for every hundred words.
  3. (3) If any inspection required under this section is refused or if any copy required under this section is not sent or delivered within the proper time, every officer of the union who is in default commits an offence and is liable on conviction, in respect of each offence, to a fine not exceeding one hundred shillings.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
28. Amalgamation of registered trade unions

Any two or more registered trade unions may, with the prior consent in writing of the registrar and subject to any conditions as may be specified by the registrar, amalgamate together as one trade union in any case in which at least 50 percent of the delegates called for that purpose agree that the trade union concerned may enter into any such amalgamation

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Amalgamation of registered trade unions”.

“Any two or more registered trade unions may, with the prior consent in writing of the registrar and subject to any conditions as may be specified by the registrar, amalgamate together as one trade union in any case in which at least 50 percent of the delegates called for that purpose agree that the trade union concerned may enter into any such amalgamation”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. Any two or more registered trade unions may, with the prior consent in writing of the registrar and subject to any conditions as may be specified by the registrar, amalgamate together as one trade union in any case in which at least 50 percent of the delegates called for that purpose agree that the trade union concerned may enter into any such amalgamation
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
29. Registration of amalgamated trade unions
(1)

Notice in writing containing such particulars as may be prescribed shall be given immediately to the registrar of every amalgamation of registered trade unions signed jointly by the secretaries of the unions concerned and by five members of each amalgamated trade union which is a party to the amalgamation and endorsed by the general secretary of the National Organisation of Trade Unions.

(2)

If the registrar is satisfied that section 28 has been complied with and that the trade union formed thereby would be entitled to be registered under this Act, the registrar shall approve of the proposed amalgamation and register the trade union in the prescribed manner; and the amalgamation shall have effect from the date of the registration.

(3)

Any person aggrieved by the refusal of the registrar to signify his or her approval to a proposed amalgamation of any two or more registered trade unions may appeal against the refusal to the Minister whose decision, after consultation with the trade unions tribunal, shall be final.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Registration of amalgamated trade unions”.

“(1) Notice in writing containing such particulars as may be prescribed shall be given immediately to the registrar of every amalgamation of registered trade unions signed jointly by the secretaries of the unions concerned and by five members of each amalgamated trade union which is a party to the amalgamation and endorsed by the general secretary of the National Organisation of Trade Unions.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

3
  1. (1) Notice in writing containing such particulars as may be prescribed shall be given immediately to the registrar of every amalgamation of registered trade unions signed jointly by the secretaries of the unions concerned and by five members of each amalgamated trade union which is a party to the amalgamation and endorsed by the general secretary of the National Organisation of Trade Unions.
  2. (2) If the registrar is satisfied that section 28 has been complied with and that the trade union formed thereby would be entitled to be registered under this Act, the registrar shall approve of the proposed amalgamation and register the trade union in the prescribed manner; and the amalgamation shall have effect from the date of the registration.
  3. (3) Any person aggrieved by the refusal of the registrar to signify his or her approval to a proposed amalgamation of any two or more registered trade unions may appeal against the refusal to the Minister whose decision, after consultation with the trade unions tribunal, shall be final.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions
Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
30. Effect of change of name
(1)

A change in the name of a registered trade union shall not affect any right or obligation of the trade union or render defective any legal proceedings by or against a registered trade union, and any legal proceedings 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 of such trade unions or any right of a creditor of any of them.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Effect of change of name”.

“(1) A change in the name of a registered trade union shall not affect any right or obligation of the trade union or render defective any legal proceedings by or against a registered trade union, and any legal proceedings 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.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (1) A change in the name of a registered trade union shall not affect any right or obligation of the trade union or render defective any legal proceedings by or against a registered trade union, and any legal proceedings 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. (2) An amalgamation of two or more registered trade unions shall not prejudice any right of either or any of such trade unions or any right of a creditor of any of them.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
31. Registered office and postal address
(1)

The National Organisation of Trade Unions and every registered trade union shall have a registered office and a registered postal address to which all communications and notices may be addressed.

(2)

Notice of the situation of the registered office and the registered postal address and of any change in them shall be given to the registrar and shall be registered by him or her; and the National Organisation of Trade Unions or any registered trade union shall be deemed not to have complied with this Act until such notice has been given.

(3)

If the National Organisation of Trade Unions or any registered trade union-

(a)

operates without having a registered office and a registered postal address or without giving notice of the situation of its registered office as required under this section; 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, the National Organisation of Trade Unions or the trade union concerned and every officer of the National Organisation of Trade Unions or the trade union concerned in default commits an offence and is liable to a fine not exceeding five hundred shillings.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Offence or consequence

This section creates or governs statutory liability concerning “Registered office and postal address”.

“(1) The National Organisation of Trade Unions and every registered trade union shall have a registered office and a registered postal address to which all communications and notices may be addressed.”
Primary legislation Source quotation matched
Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

5
  1. (1) The National Organisation of Trade Unions and every registered trade union shall have a registered office and a registered postal address to which all communications and notices may be addressed.
  2. (2) Notice of the situation of the registered office and the registered postal address and of any change in them shall be given to the registrar and shall be registered by him or her; and the National Organisation of Trade Unions or any registered trade union shall be deemed not to have complied with this Act until such notice has been given.
  3. (3) If the National Organisation of Trade Unions or any registered trade union-
  4. (a) operates without having a registered office and a registered postal address or without giving notice of the situation of its registered office as required under this section; or
  5. (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, the National Organisation of Trade Unions or the trade union concerned and every officer of the National Organisation of Trade Unions or the trade union concerned in default commits an offence and is liable to a fine not exceeding five hundred shillings.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
32. Constitution or rules
(1)

The constitution or rules of the National Organisation of Trade Unions and of every registered trade union shall provide for the matters specified in the First Schedule to this Act and shall not be so altered or amended as to cease to contain provision in respect of all such matters.

(2)

A copy of every new rule and every amendment made to the constitution or rules of the National Organisation of Trade Unions or a registered trade union signed by the executive committee of the National Organisation of Trade Unions, or, as the case may be, the trade union, shall be sent to the registrar within fourteen days of the making of such rule or amendment and shall be registered by the registrar upon payment of the prescribed fee if he or she is satisfied that the requirements of this Act concerning such amendment of the constitution or rules have been complied with.

(3)

Every amendment of the constitution or rules of the National Organisation of Trade Unions or a registered trade union shall take effect from the date of registration thereof by the registrar unless some later date is specified in this behalf.

(4)

If the National Organisation of Trade Unions or any registered trade union fails to comply with this section, the registrar may refer the matter to the trade unions tribunal, and any officer of the National Organisation of Trade Unions or the trade union concerned may be dealt with in accordance with section 11(3) .

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Constitution or rules”.

“(1) The constitution or rules of the National Organisation of Trade Unions and of every registered trade union shall provide for the matters specified in the First Schedule to this Act and shall not be so altered or amended as to cease to contain provision in respect of all such matters.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

4
  1. (1) The constitution or rules of the National Organisation of Trade Unions and of every registered trade union shall provide for the matters specified in the First Schedule to this Act and shall not be so altered or amended as to cease to contain provision in respect of all such matters.
  2. (2) A copy of every new rule and every amendment made to the constitution or rules of the National Organisation of Trade Unions or a registered trade union signed by the executive committee of the National Organisation of Trade Unions, or, as the case may be, the trade union, shall be sent to the registrar within fourteen days of the making of such rule or amendment and shall be registered by the registrar upon payment of the prescribed fee if he or she is satisfied that the requirements of this Act concerning such amendment of the constitution or rules have been complied with.
  3. (3) Every amendment of the constitution or rules of the National Organisation of Trade Unions or a registered trade union shall take effect from the date of registration thereof by the registrar unless some later date is specified in this behalf.
  4. (4) If the National Organisation of Trade Unions or any registered trade union fails to comply with this section, the registrar may refer the matter to the trade unions tribunal, and any officer of the National Organisation of Trade Unions or the trade union concerned may be dealt with in accordance with section 11(3).
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions
Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
33. Copies of rules

A copy of the constitution or rules of the National Organisation of Trade Unions or of a registered trade union shall be delivered by the National Organisation of Trade Unions or the trade union to any person becoming a member thereof and to any person entitled to apply to become a member of the National Organisation of Trade Unions or the trade union on demand and on payment of a sum of money not exceeding one shilling

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Copies of rules”.

“A copy of the constitution or rules of the National Organisation of Trade Unions or of a registered trade union shall be delivered by the National Organisation of Trade Unions or the trade union to any person becoming a member thereof and to any person entitled to apply to become a member of the National Organisation of Trade Unions or the trade union on demand and on payment of a sum of money not exceeding one shilling”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. A copy of the constitution or rules of the National Organisation of Trade Unions or of a registered trade union shall be delivered by the National Organisation of Trade Unions or the trade union to any person becoming a member thereof and to any person entitled to apply to become a member of the National Organisation of Trade Unions or the trade union on demand and on payment of a sum of money not exceeding one shilling
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
34. Notification of changes of officers, etc
(1)

A notice of all changes of officers or trustees and their titles shall be prominently exhibited in the registered office of the National Organisation of Trade Unions and every registered trade union.

(2)

Notice of all changes of officers or trustees shall, within fourteen days of the change, be sent to the registrar by the secretary of the National Organisation of Trade Unions or the registered trade union concerned, together with the prescribed fee, and the registrar shall, subject to subsections (4) and (5), register the change accordingly.

(3)

If default is made in complying with this section, the registrar may refer the matter to the trade unions tribunal, and any officer of the National Organisation of Trade Unions or the trade union who is in default may be dealt with in accordance with section 11(3) .

(4)

Before registering any change of officers or trustees or correcting any register, the registrar may require the production of such evidence in relation to the change of officers or trustees or the correction asked for as he or she deems necessary to satisfy himself or herself as to the validity or propriety of the change.

(5)

If, after such inquiry as he or she deems necessary, the registrar is not satisfied as to the validity of any appointment or the propriety of any proposed correction to the register, he or she may refer the matter to a tribunal composed of one or more independent persons appointed by the Minister; and the tribunal shall inquire into the matter and make its recommendations thereon to the registrar who shall thereupon register or refuse to register the change in officers or trustees or correct or refuse to correct the register in accordance with the recommendations.

(6)

No change of officers or trustees shall have effect until registered by the registrar.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Notification of changes of officers, etc”.

“(1) A notice of all changes of officers or trustees and their titles shall be prominently exhibited in the registered office of the National Organisation of Trade Unions and every registered trade union.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

6
  1. (1) A notice of all changes of officers or trustees and their titles shall be prominently exhibited in the registered office of the National Organisation of Trade Unions and every registered trade union.
  2. (2) Notice of all changes of officers or trustees shall, within fourteen days of the change, be sent to the registrar by the secretary of the National Organisation of Trade Unions or the registered trade union concerned, together with the prescribed fee, and the registrar shall, subject to subsections (4) and (5), register the change accordingly.
  3. (3) If default is made in complying with this section, the registrar may refer the matter to the trade unions tribunal, and any officer of the National Organisation of Trade Unions or the trade union who is in default may be dealt with in accordance with section 11(3).
  4. (4) Before registering any change of officers or trustees or correcting any register, the registrar may require the production of such evidence in relation to the change of officers or trustees or the correction asked for as he or she deems necessary to satisfy himself or herself as to the validity or propriety of the change.
  5. (5) If, after such inquiry as he or she deems necessary, the registrar is not satisfied as to the validity of any appointment or the propriety of any proposed correction to the register, he or she may refer the matter to a tribunal composed of one or more independent persons appointed by the Minister; and the tribunal shall inquire into the matter and make its recommendations thereon to the registrar who shall thereupon register or refuse to register the change in officers or trustees or correct or refuse to correct the register in accordance with the recommendations.
  6. (6) No change of officers or trustees shall have effect until registered by the registrar.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions
Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
35. Notification of dissolution

When a registered trade union is dissolved, notice containing such particulars as may be prescribed of the dissolution signed by seven members and by the secretary of the registered trade union shall, within fourteen days of the dissolution, be sent to the registrar and shall be registered by the registrar if he or she is satisfied that the dissolution has been effected in accordance with the constitution or rules of the trade union, and the dissolution shall have effect from the date of the registration

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Notification of dissolution”.

“When a registered trade union is dissolved, notice containing such particulars as may be prescribed of the dissolution signed by seven members and by the secretary of the registered trade union shall, within fourteen days of the dissolution, be sent to the registrar and shall be registered by the registrar if he or she is satisfied that the dissolution has been effected in accordance with the constitution or rules of the trade union, and the dissolution shall have effect from the date of the registration”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. When a registered trade union is dissolved, notice containing such particulars as may be prescribed of the dissolution signed by seven members and by the secretary of the registered trade union shall, within fourteen days of the dissolution, be sent to the registrar and shall be registered by the registrar if he or she is satisfied that the dissolution has been effected in accordance with the constitution or rules of the trade union, and the dissolution shall have effect from the date of the registration
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
36. Trustees
(1)

The constitution or rules of the National Organisation of Trade Unions and every registered trade union shall provide for the appointment or election of trustees and for the filling of vacancies in the office of trustees so that, as far as may be, there shall always be at least three trustees of the National Organisation of Trade Unions.

(2)

No officer of the National Organisation of Trade Unions or of a registered trade union shall be a trustee, and no person shall be appointed or elected a trustee of the National Organisation of Trade Unions unless he or she is a member of a registered trade union nor shall any person be appointed or elected a trustee of a registered trade union unless he or she is a member of that trade union.

(3)

A bank approved by the registrar may be appointed a trustee.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Trustees”.

“(1) The constitution or rules of the National Organisation of Trade Unions and every registered trade union shall provide for the appointment or election of trustees and for the filling of vacancies in the office of trustees so that, as far as may be, there shall always be at least three trustees of the National Organisation of Trade Unions.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

3
  1. (1) The constitution or rules of the National Organisation of Trade Unions and every registered trade union shall provide for the appointment or election of trustees and for the filling of vacancies in the office of trustees so that, as far as may be, there shall always be at least three trustees of the National Organisation of Trade Unions.
  2. (2) No officer of the National Organisation of Trade Unions or of a registered trade union shall be a trustee, and no person shall be appointed or elected a trustee of the National Organisation of Trade Unions unless he or she is a member of a registered trade union nor shall any person be appointed or elected a trustee of a registered trade union unless he or she is a member of that trade union.
  3. (3) A bank approved by the registrar may be appointed a trustee.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
37. Property of the National Organisation of Trade Unions vests in trustees
(1)

Any property belonging to the National Organisation of Trade Unions-

(a)

shall vest in the trustees for the time being of the National Organisation of Trade Unions for the use and benefit of the National Organisation of Trade Unions and its members; and

(b)

shall be under the control of the trustees.

(2)

Upon the death or removal of any trustee, the property shall vest in the succeeding trustees for the same estate and interest as the former trustee had in the property and subject to the same trusts without any conveyance or assignment whatever.

(3)

In all actions or suits or prosecutions before any court touching or concerning any such property, the property shall be stated to be the property of the persons for the time being holding the office of trustees in their proper names as trustees of the National Organisation of Trade Unions without any further description.

(4)

The trustees shall deal with any property held by them for or on behalf of the National Organisation of Trade Unions in such manner as the executive committee shall order.

(5)

No disposal of any property of the National Organisation of Trade Unions shall be made unless the trustees are satisfied that the executive committee has acted lawfully and in accordance with the constitution or rules of the National Organisation of Trade Unions.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Property of the National Organisation of Trade Unions vests in trustees”.

“(1) Any property belonging to the National Organisation of Trade Unions-”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

7
  1. (1) Any property belonging to the National Organisation of Trade Unions-
  2. (a) shall vest in the trustees for the time being of the National Organisation of Trade Unions for the use and benefit of the National Organisation of Trade Unions and its members; and
  3. (b) shall be under the control of the trustees.
  4. (2) Upon the death or removal of any trustee, the property shall vest in the succeeding trustees for the same estate and interest as the former trustee had in the property and subject to the same trusts without any conveyance or assignment whatever.
  5. (3) In all actions or suits or prosecutions before any court touching or concerning any such property, the property shall be stated to be the property of the persons for the time being holding the office of trustees in their proper names as trustees of the National Organisation of Trade Unions without any further description.
  6. (4) The trustees shall deal with any property held by them for or on behalf of the National Organisation of Trade Unions in such manner as the executive committee shall order.
  7. (5) No disposal of any property of the National Organisation of Trade Unions shall be made unless the trustees are satisfied that the executive committee has acted lawfully and in accordance with the constitution or rules of the National Organisation of Trade Unions.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
38. Power of registered trade union to hold land
(1)

Notwithstanding the Trustees Incorporation Act, the National Organisation of Trade Unions and any registered trade union may purchase or take upon lease in the name of its trustees any land and may sell, exchange, mortgage or let the same.

(2)

No purchaser, assignee, mortgagee or tenant shall be bound to inquire whether the trustees have any authority for any sale, exchange, mortgage or letting, and the receipts of the trustees shall be a discharge for the money arising therefrom.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Power of registered trade union to hold land”.

“(1) Notwithstanding the Trustees Incorporation Act, the National Organisation of Trade Unions and any registered trade union may purchase or take upon lease in the name of its trustees any land and may sell, exchange, mortgage or let the same.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (1) Notwithstanding the Trustees Incorporation Act, the National Organisation of Trade Unions and any registered trade union may purchase or take upon lease in the name of its trustees any land and may sell, exchange, mortgage or let the same.
  2. (2) No purchaser, assignee, mortgagee or tenant shall be bound to inquire whether the trustees have any authority for any sale, exchange, mortgage or letting, and the receipts of the trustees shall be a discharge for the money arising therefrom.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions
Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
39. Funds of the National Organisation of Trade Unions and registered trade unions
(1)

The funds of the National Organisation of Trade Unions shall consist of-

(a)

subscriptions from affiliate member unions;

(b)

investments; and

(c)

donations, and shall be kept by the treasurer of the National Organisation of Trade Unions.

(2)

The funds of a registered trade union shall consist of-

(a)

subscriptions from its members;

(b)

investments;

(c)

donations; and

(d)

contributions made by an employee in accordance with regulations made under section 69(2) (g), and shall be kept by the treasurer of that trade union.

(3)

The rate of subscriptions to the National Organisation of Trade Unions by every affiliate member union referred to in subsection (1)(a) shall be determined by the Minister by statutory order.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Funds of the National Organisation of Trade Unions and registered trade unions”.

“(1) The funds of the National Organisation of Trade Unions shall consist of-”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

10
  1. (1) The funds of the National Organisation of Trade Unions shall consist of-
  2. (a) subscriptions from affiliate member unions;
  3. (b) investments; and
  4. (c) donations, and shall be kept by the treasurer of the National Organisation of Trade Unions.
  5. (2) The funds of a registered trade union shall consist of-
  6. (a) subscriptions from its members;
  7. (b) investments;
  8. (c) donations; and

2 further items remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions
Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
40. Estimates and expenditure
(1)

The National Organisation of Trade Unions and every registered trade union shall cause estimates of income and expenditure of both revenue and capital for the coming period of twelve months to be submitted at least one month before the end of its financial year.

(2)

The estimates of income and expenditure referred to under subsection (1) shall be submitted to the annual delegates conference of the National Organisation of Trade Unions or, as the case may be, the registered trade union for approval, and if they are approved, the National Organisation of Trade Unions or the trade union concerned may incur expenditure for the purposes of running its affairs; so, however, that the amount spent shall not exceed the amount approved by the annual delegates conference for that financial year.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Estimates and expenditure”.

“(1) The National Organisation of Trade Unions and every registered trade union shall cause estimates of income and expenditure of both revenue and capital for the coming period of twelve months to be submitted at least one month before the end of its financial year.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (1) The National Organisation of Trade Unions and every registered trade union shall cause estimates of income and expenditure of both revenue and capital for the coming period of twelve months to be submitted at least one month before the end of its financial year.
  2. (2) The estimates of income and expenditure referred to under subsection (1) shall be submitted to the annual delegates conference of the National Organisation of Trade Unions or, as the case may be, the registered trade union for approval, and if they are approved, the National Organisation of Trade Unions or the trade union concerned may incur expenditure for the purposes of running its affairs; so, however, that the amount spent shall not exceed the amount approved by the annual delegates conference for that financial year.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
41. Restriction on foreign aid

Notwithstanding any provision of this Act or any other written law to the contrary, the National Organisation of Trade Unions or any registered trade union shall not enter into any agreement for aid of any nature with any foreign country or organisation without consultation with, and approval of, the Minister.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Restriction on foreign aid”.

“Notwithstanding any provision of this Act or any other written law to the contrary, the National Organisation of Trade Unions or any registered trade union shall not enter into any agreement for aid of any nature with any foreign country or organisation without consultation with, and approval of, the Minister.”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. Notwithstanding any provision of this Act or any other written law to the contrary, the National Organisation of Trade Unions or any registered trade union shall not enter into any agreement for aid of any nature with any foreign country or organisation without consultation with, and approval of, the Minister.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
Finance
42. Application of funds

The funds of the National Organisation of Trade Unions or a registered trade union may subject to the provisions of this Act and to the constitution or rules thereof, be expended only for the following objects (a) the payment of salaries, allowances and expenses to officers of the National Organisation of Trade Unions or the trade union;

(b)

the payment of expenses for the administration of the National Organisation of Trade Unions or the trade union, including audit of the accounts of the funds;

(c)

the prosecution or defence of any legal proceedings to which the National Organisation of Trade Unions or the trade union or any member thereof is a party, when such prosecution or defence is undertaken for the purpose of securing or protecting any rights of the National Organisation of Trade Unions or the trade union as such or any rights arising out of the relations of any member thereof with his employer or with a person whom such member employs;

(d)

the conduct of any trade dispute on behalf of the National Organisation of Trade Unions or the trade union or any member thereof;

(e)

the compensation of members of the National Organisation of Trade Unions or the trade union for loss arising out of a trade dispute;

(f)

allowances to members or their dependents on account of death, old age, sickness, accidents or unemployment of such members;

(g)

the payment of subscription and fees to any federation or congress of trade unions to which the National Organisation of Trade Unions, after consultation with the Minister, may be affiliated;

(h)

the payment of expenses for the education of members; and

(i)

any other object which the Minister may, on the application of the National Organisation of Trade Unions, by statutory order, declare to be an object for which such funds may be expended, subject to such conditions as the Minister may, by the same or any subsequent order, direct.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Scope rule

This section defines when and how “Application of funds” applies.

“The funds of the National Organisation of Trade Unions or a registered trade union may subject to the provisions of this Act and to the constitution or rules thereof, be expended only for the following objects (a) the payment of salaries, allowances and expenses to officers of the National Organisation of Trade Unions or the trade union;”
Primary legislation Source quotation matched
Practical effect

Confirm that the matter and forum fall within this section before applying the Act's remaining provisions.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

8
  1. (b) the payment of expenses for the administration of the National Organisation of Trade Unions or the trade union, including audit of the accounts of the funds;
  2. (c) the prosecution or defence of any legal proceedings to which the National Organisation of Trade Unions or the trade union or any member thereof is a party, when such prosecution or defence is undertaken for the purpose of securing or protecting any rights of the National Organisation of Trade Unions or the trade union as such or any rights arising out of the relations of any member thereof with his employer or with a person whom such member employs;
  3. (d) the conduct of any trade dispute on behalf of the National Organisation of Trade Unions or the trade union or any member thereof;
  4. (e) the compensation of members of the National Organisation of Trade Unions or the trade union for loss arising out of a trade dispute;
  5. (f) allowances to members or their dependents on account of death, old age, sickness, accidents or unemployment of such members;
  6. (g) the payment of subscription and fees to any federation or congress of trade unions to which the National Organisation of Trade Unions, after consultation with the Minister, may be affiliated;
  7. (h) the payment of expenses for the education of members; and
  8. (i) any other object which the Minister may, on the application of the National Organisation of Trade Unions, by statutory order, declare to be an object for which such funds may be expended, subject to such conditions as the Minister may, by the same or any subsequent order, direct.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
43. Prohibition of payment of fines or penalties
(1)

The funds of the National Organisation of Trade Unions or a registered trade union shall not be applied either directly or indirectly in payment of the whole or any part of any fine or penalty imposed upon any person by sentence or order of a court other than a fine or penalty imposed upon the National Organisation of Trade Unions or the trade union under this Act.

(2)

The Minister may restrain any unauthorised or unlawful expenditure of the funds of the National Organisation of Trade Unions or a registered trade union on the application of five or more persons having sufficient interest in the relief sought or on the application of the registrar.

(3)

In restraining such expenditure the Minister, in the case of the dissolution of a registered trade union upon the cancellation of its registration, may order that the funds of that trade union be paid over to the public trustee for disposal in accordance with the constitution or rules of that trade union.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Prohibition of payment of fines or penalties”.

“(1) The funds of the National Organisation of Trade Unions or a registered trade union shall not be applied either directly or indirectly in payment of the whole or any part of any fine or penalty imposed upon any person by sentence or order of a court other than a fine or penalty imposed upon the National Organisation of Trade Unions or the trade union under this Act.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

3
  1. (1) The funds of the National Organisation of Trade Unions or a registered trade union shall not be applied either directly or indirectly in payment of the whole or any part of any fine or penalty imposed upon any person by sentence or order of a court other than a fine or penalty imposed upon the National Organisation of Trade Unions or the trade union under this Act.
  2. (2) The Minister may restrain any unauthorised or unlawful expenditure of the funds of the National Organisation of Trade Unions or a registered trade union on the application of five or more persons having sufficient interest in the relief sought or on the application of the registrar.
  3. (3) In restraining such expenditure the Minister, in the case of the dissolution of a registered trade union upon the cancellation of its registration, may order that the funds of that trade union be paid over to the public trustee for disposal in accordance with the constitution or rules of that trade union.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
44. Books of account, etc
(1)

The National Organisation of Trade Unions and every registered trade union shall cause to be kept proper books of account as are necessary to give a true and fair view of the financial position of the National Organisation of Trade Unions or the trade union, as the case may be, and explain its transaction and, more particularly, with respect to-

(a)

all sums of money received and expended by the National Organisation of Trade Unions or the trade union and the matters in respect of which the receipt and expenditure takes place; and

(b)

the assets and liabilities of the National Organisation of Trade Unions or the trade union.

(2)

The books of account shall be kept at the registered office of the National Organisation of Trade Unions and the trade union concerned, as the case may be, or at such other place in Uganda as the executive committee thinks fit and shall at all reasonable times be open to inspection by the members of the executive committee.

(3)

The registrar or his or her representative may inspect the books of account kept under this section at any time he or she may think fit.

(4)

Any officer of the National Organisation of Trade Unions or of a registered trade union who fails to take all reasonable steps to secure compliance by the National Organisation of Trade Unions or the trade union with the requirements of this section, or has by his or her own wilful act been the cause of any default by the National Organisation of Trade Unions or the trade union under this section commits an offence and is liable to imprisonment for a term not exceeding twelve months or to a fine not exceeding two thousand shillings.

(5)

No person shall be sentenced to imprisonment under this section unless, in the opinion of the court, the offence was committed wilfully.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Offence or consequence

This section creates or governs statutory liability concerning “Books of account, etc”.

“(1) The National Organisation of Trade Unions and every registered trade union shall cause to be kept proper books of account as are necessary to give a true and fair view of the financial position of”
Primary legislation Source quotation matched
Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

7
  1. (1) The National Organisation of Trade Unions and every registered trade union shall cause to be kept proper books of account as are necessary to give a true and fair view of the financial position of the National Organisation of Trade Unions or the trade union, as the case may be, and explain its transaction and, more particularly, with respect to-
  2. (a) all sums of money received and expended by the National Organisation of Trade Unions or the trade union and the matters in respect of which the receipt and expenditure takes place; and
  3. (b) the assets and liabilities of the National Organisation of Trade Unions or the trade union.
  4. (2) The books of account shall be kept at the registered office of the National Organisation of Trade Unions and the trade union concerned, as the case may be, or at such other place in Uganda as the executive committee thinks fit and shall at all reasonable times be open to inspection by the members of the executive committee.
  5. (3) The registrar or his or her representative may inspect the books of account kept under this section at any time he or she may think fit.
  6. (4) Any officer of the National Organisation of Trade Unions or of a registered trade union who fails to take all reasonable steps to secure compliance by the National Organisation of Trade Unions or the trade union with the requirements of this section, or has by his or her own wilful act been the cause of any default by the National Organisation of Trade Unions or the trade union under this section commits an offence and is liable to imprisonment for a term not exceeding twelve months or to a fine not exceeding two thousand shillings.
  7. (5) No person shall be sentenced to imprisonment under this section unless, in the opinion of the court, the offence was committed wilfully.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
45. Circulation of accounts
(1)

The treasurer of the National Organisation of Trade Unions and that of every registered trade union shall, once at least in every calendar year at intervals of not more than fifteen months, cause to be prepared and sent to the annual delegates conference of the National Organisation of Trade Unions or, as the case may be, the trade union, a balance sheet in such form as the Minister may prescribe, which shall give a true and fair view of the state of the financial affairs of the National Organisation of Trade Unions or the trade union at the end of the financial year.

(2)

The balance sheet prepared under subsection (1) shall be audited by an auditor appointed by the Minister, and for this purpose the auditor shall be entitled to have access to all books and documents relating to the accounts of the National Organisation of Trade Unions or a registered trade union.

(3)

Any person who obstructs or in any manner hinders an auditor in the discharge of his or her functions under subsection (2) commits an offence and is liable to a fine not exceeding one thousand shillings or to imprisonment for a term not exceeding six months.

(4)

Notwithstanding subsections (1), (2) and (3), every treasurer of the National Organisation of Trade Unions or a registered trade union and every other officer thereof who is responsible for the accounts of the National Organisation of Trade Unions or the trade union or for the collection, disbursement, custody or control of the funds or monies thereof shall, upon resigning or vacating his or her office, or at any other time when required so to do by a resolution of the members of the National Organisation of Trade Unions or the trade union, or the registrar, as the case may be, furnish a statement of just and true account of all monies received and paid by him or her during the period which has elapsed since the date of his or her assuming office.

(5)

The statement of account referred to in subsection (4) shall include the balance of any monies remaining in his or her hands and of all bonds, securities or other property of the National Organisation of Trade Unions or the registered trade union entrusted to his or her custody or are under his or her control.

(6)

An account prepared by the treasurer of the National Organisation of Trade Unions or a registered trade union or other officer who is responsible for the accounts of the National Organisation of Trade Unions or the trade union, on resignation or vacation of office, shall also be audited by the auditor appointed under subsection (2), and the provisions of this section relating to the powers of an auditor appointed under this section shall apply.

(7)

After the auditing of the accounts as provided for by subsection (6), the treasurer or other officer concerned shall immediately hand over to the trustees of the National Organisation of Trade Unions or the trade union the balance (if any) due from him or her and all bonds, securities, effects, books, papers and property in his or her hands or custody or otherwise under his or her control.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Offence or consequence

This section creates or governs statutory liability concerning “Circulation of accounts”.

“(1) The treasurer of the National Organisation of Trade Unions and that of every registered trade union shall, once at least in every calendar year at intervals of not more than fifteen months, cause to be prepared and sent to the annual delegates conference of the National Organisation of Trade Unions or, as the case may be, the trade union, a balance sheet in such form as the Minister may prescribe, which shall give a true and fair view of the state of the financial affairs of the National Organisation of Trade…”
Primary legislation Source quotation matched
Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

7
  1. (1) The treasurer of the National Organisation of Trade Unions and that of every registered trade union shall, once at least in every calendar year at intervals of not more than fifteen months, cause to be prepared and sent to the annual delegates conference of the National Organisation of Trade Unions or, as the case may be, the trade union, a balance sheet in such form as the Minister may prescribe, which shall give a true and fair view of the state of the financial affairs of the National Organisation of Trade Unions or the trade union at the end of the financial year.
  2. (2) The balance sheet prepared under subsection (1) shall be audited by an auditor appointed by the Minister, and for this purpose the auditor shall be entitled to have access to all books and documents relating to the accounts of the National Organisation of Trade Unions or a registered trade union.
  3. (3) Any person who obstructs or in any manner hinders an auditor in the discharge of his or her functions under subsection (2) commits an offence and is liable to a fine not exceeding one thousand shillings or to imprisonment for a term not exceeding six months.
  4. (4) Notwithstanding subsections (1), (2) and (3), every treasurer of the National Organisation of Trade Unions or a registered trade union and every other officer thereof who is responsible for the accounts of the National Organisation of Trade Unions or the trade union or for the collection, disbursement, custody or control of the funds or monies thereof shall, upon resigning or vacating his or her office, or at any other time when required so to do by a resolution of the members of the National Organisation of Trade Unions or the trade union, or the registrar, as the case may be, furnish a statement of just and true account of all monies received and paid by him or her during the period which has elapsed since the date of his or her assuming office.
  5. (5) The statement of account referred to in subsection (4) shall include the balance of any monies remaining in his or her hands and of all bonds, securities or other property of the National Organisation of Trade Unions or the registered trade union entrusted to his or her custody or are under his or her control.
  6. (6) An account prepared by the treasurer of the National Organisation of Trade Unions or a registered trade union or other officer who is responsible for the accounts of the National Organisation of Trade Unions or the trade union, on resignation or vacation of office, shall also be audited by the auditor appointed under subsection (2), and the provisions of this section relating to the powers of an auditor appointed under this section shall apply.
  7. (7) After the auditing of the accounts as provided for by subsection (6), the treasurer or other officer concerned shall immediately hand over to the trustees of the National Organisation of Trade Unions or the trade union the balance (if any) due from him or her and all bonds, securities, effects, books, papers and property in his or her hands or custody or otherwise under his or her control.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
46. Annual returns
(1)

The National Organisation of Trade Unions and every registered trade union shall furnish annually to the registrar on or before the prescribed date in each year a copy of the balance sheet prepared and audited in accordance with section 45 , together with a copy of the auditor's report thereon.

(2)

Together with the balance sheet referred to in subsection (1), the National Organisation of Trade Unions or the registered trade union shall furnish to the registrar copies of all amendments to its constitution or rules, and a list of all changes of officers or trustees made by the National Organisation of Trade Unions or the trade union during the period of twelve months preceding the thirty-first day of December and a copy of the rules of the National Organisation of Trade Unions or the trade union as in force on that day.

(3)

If the National Organisation of Trade Unions or any registered trade union fails to comply with subsection (1), the registrar may refer the matter to the trade unions tribunal, and any officer of the National Organisation of Trade Unions or the trade union concerned may be dealt with in accordance with section 11(3) .

(4)

Any person who wilfully or knowingly makes or orders or causes or procures to be made any false entry in or omission from any document delivered to the registrar under this section commits an offence and is liable to imprisonment for a term not exceeding three years.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Offence or consequence

This section creates or governs statutory liability concerning “Annual returns”.

“(1) The National Organisation of Trade Unions and every registered trade union shall furnish annually to the registrar on or before the prescribed date in each year a copy of the balance sheet prepared and audited in accordance with section 45, together with a copy of the auditor's report thereon.”
Primary legislation Source quotation matched
Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

4
  1. (1) The National Organisation of Trade Unions and every registered trade union shall furnish annually to the registrar on or before the prescribed date in each year a copy of the balance sheet prepared and audited in accordance with section 45, together with a copy of the auditor's report thereon.
  2. (2) Together with the balance sheet referred to in subsection (1), the National Organisation of Trade Unions or the registered trade union shall furnish to the registrar copies of all amendments to its constitution or rules, and a list of all changes of officers or trustees made by the National Organisation of Trade Unions or the trade union during the period of twelve months preceding the thirty-first day of December and a copy of the rules of the National Organisation of Trade Unions or the trade union as in force on that day.
  3. (3) If the National Organisation of Trade Unions or any registered trade union fails to comply with subsection (1), the registrar may refer the matter to the trade unions tribunal, and any officer of the National Organisation of Trade Unions or the trade union concerned may be dealt with in accordance with section 11(3).
  4. (4) Any person who wilfully or knowingly makes or orders or causes or procures to be made any false entry in or omission from any document delivered to the registrar under this section commits an offence and is liable to imprisonment for a term not exceeding three years.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions
Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
47. Inspection of accounts and documents

The books of account of the National Organisation of Trade Unions or a registered trade union and a list of the members thereof shall be open to inspection by any officer or member of the National Organisation of Trade Unions or the trade union at such times as may be provided for in the rules of the National Organisation of Trade Unions or the trade union, and by the registrar or any person authorised in that behalf in writing by the registrar, at any reasonable time

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Inspection of accounts and documents”.

“The books of account of the National Organisation of Trade Unions or a registered trade union and a list of the members thereof shall be open to inspection by any officer or member of the National Organisation of Trade Unions or the trade union at such times as may be provided for in the rules of the National Organisation of Trade Unions or the trade union, and by the registrar or any person authorised in that behalf in writing by the registrar, at any reasonable time”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. The books of account of the National Organisation of Trade Unions or a registered trade union and a list of the members thereof shall be open to inspection by any officer or member of the National Organisation of Trade Unions or the trade union at such times as may be provided for in the rules of the National Organisation of Trade Unions or the trade union, and by the registrar or any person authorised in that behalf in writing by the registrar, at any reasonable time
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
48. Obstructing inspection by registrar

Any person who opposes, obstructs or in any other manner whatsoever hinders the registrar or any person authorised by the registrar under section 47 in carrying out an inspection under that section commits an offence and is liable to a fine not exceeding one thousand shillings or to imprisonment for a term not exceeding six months or to both

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Offence or consequence

This section creates or governs statutory liability concerning “Obstructing inspection by registrar”.

“Any person who opposes, obstructs or in any other manner whatsoever hinders the registrar or any person authorised by the registrar under section 47 in carrying out an inspection under that section commits an offence and is liable to a fine not exceeding one thousand shillings or to imprisonment for a term not exceeding six months or to both”
Primary legislation Source quotation matched
Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions
Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
49. Power to call for detailed accounts
(1)

In addition to any other provisions of this Act relating to the tendering of accounts, the registrar may, at any time, direct the treasurer, the committee management or other proper officer of the National Organisation of Trade Unions or a registered trade union to render details of accounts, vouched in such manner as the registrar may require, of the funds of the National Organisation of Trade Unions or the trade union in respect of any particular period, and such accounts shall show in particular such information as the registrar may require.

(2)

If an officer of the National Organisation of Trade Unions or a registered trade union fails to comply with a direction made by the registrar under subsection (1), the registrar may refer the matter to the trade unions tribunal, and the officer may be dealt with in accordance with section 11(3) .

(3)

For the purpose of this section, the officer referred to in subsections (1) and (2) shall include any person who has held any such office whether or not any such person is or is not at the relevant time a member of the National Organisation of Trade Unions or the registered trade union.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Power to call for detailed accounts”.

“(1) In addition to any other provisions of this Act relating to the tendering of accounts, the registrar may, at any time, direct the treasurer, the committee management or other proper officer of the National Organisation of Trade Unions or a registered trade union to render details of accounts, vouched in such manner as the registrar may require, of the funds of the National Organisation of Trade Unions or the trade union in respect of any particular period, and such accounts shall show in particular such…”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

3
  1. (1) In addition to any other provisions of this Act relating to the tendering of accounts, the registrar may, at any time, direct the treasurer, the committee management or other proper officer of the National Organisation of Trade Unions or a registered trade union to render details of accounts, vouched in such manner as the registrar may require, of the funds of the National Organisation of Trade Unions or the trade union in respect of any particular period, and such accounts shall show in particular such information as the registrar may require.
  2. (2) If an officer of the National Organisation of Trade Unions or a registered trade union fails to comply with a direction made by the registrar under subsection (1), the registrar may refer the matter to the trade unions tribunal, and the officer may be dealt with in accordance with section 11(3).
  3. (3) For the purpose of this section, the officer referred to in subsections (1) and (2) shall include any person who has held any such office whether or not any such person is or is not at the relevant time a member of the National Organisation of Trade Unions or the registered trade union.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions
Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
50. Prohibition of officers from holding office or controlling funds
(1)

A member of the National Organisation of Trade Unions or of a registered trade union, or the registrar, may make an application to the trade unions tribunal to prohibit an officer of the National Organisation of Trade Unions or the trade union from holding or controlling the funds of the National Organisation of Trade Unions or the trade union, and the trade unions tribunal, if it is satisfied that there is a prima facie case against the officer for the fraudulent misuse of the funds of the National Organisation of Trade Unions or the trade union, or that such an officer is disqualified under section 21 from holding office in the National Organisation of Trade Unions or the trade union, may grant the application.

(2)

Any person who is aggrieved by the grant or refusal of an application under subsection (1) may, within two months from the date of grant or refusal, as the case may be, appeal to the High Court.

(3)

The decision of the High Court on an appeal under this section shall be final.

Picketing, intimidation, disputes, etc.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Prohibition of officers from holding office or controlling funds”.

“(1) A member of the National Organisation of Trade Unions or of a registered trade union, or the registrar, may make an application to the trade unions tribunal to prohibit an officer of the National Organisation of Trade Unions or the trade union from holding or controlling the funds of the National Organisation of Trade Unions or the trade union, and the trade unions tribunal, if it is satisfied that there is a prima facie case against the officer for the fraudulent misuse of the funds of the National…”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

3
  1. (1) A member of the National Organisation of Trade Unions or of a registered trade union, or the registrar, may make an application to the trade unions tribunal to prohibit an officer of the National Organisation of Trade Unions or the trade union from holding or controlling the funds of the National Organisation of Trade Unions or the trade union, and the trade unions tribunal, if it is satisfied that there is a prima facie case against the officer for the fraudulent misuse of the funds of the National Organisation of Trade Unions or the trade union, or that such an officer is disqualified under section 21 from holding office in the National Organisation of Trade Unions or the trade union, may grant the application.
  2. (2) Any person who is aggrieved by the grant or refusal of an application under subsection (1) may, within two months from the date of grant or refusal, as the case may be, appeal to the High Court.
  3. (3) The decision of the High Court on an appeal under this section shall be final.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions
Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
Picketing, intimidation, disputes, etc
51. Peaceful picketing and prevention of intimidation
(1)

Notwithstanding anything contained in this Act-

(a)

it shall be lawful for one or more persons whether acting on their own behalf or on behalf of a registered trade union or of an individual employer or firm, in contemplation or furtherance of a trade dispute, to attend at or near a house or place where any person resides or works or carries on business or happens to be, if they so attend merely for the purpose of peacefully obtaining or communicating information; but

(b)

it shall not be lawful for one or more persons, whether acting on their own behalf or on behalf of a registered trade union or of an individual employer or firm, and notwithstanding that they may be acting in contemplation or furtherance of a trade dispute, to attend at or near a house or place where any person resides or works or carries on business or happens to be, for the purpose of obtaining or communicating information or of persuading or inducing any person to work or to abstain from working if they so attend in such numbers or otherwise in such manner as to be calculated-

(i)

to intimidate any person in that house or place, or to obstruct the approach thereto or egress therefrom;

(ii)

to lead to a breach of the peace; or

(iii)

to cause complete cessation of work.

(2)

For the avoidance of doubt, it is declared that, notwithstanding this or any other enactment, it shall be an offence for any person in contemplation or furtherance of a dispute within the meaning of section 1 of the Public Service (Negotiating Machinery) Act to attend at or near any premises or land occupied by the Government.

(3)

Any person who acts in contravention of subsection (1)(b) commits an offence and is liable to a fine not exceeding five hundred shillings or to imprisonment for a term not exceeding three months or to both.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Offence or consequence

This section creates or governs statutory liability concerning “Peaceful picketing and prevention of intimidation”.

“(1) Notwithstanding anything contained in this Act-”
Primary legislation Source quotation matched
Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

8
  1. (1) Notwithstanding anything contained in this Act-
  2. (a) it shall be lawful for one or more persons whether acting on their own behalf or on behalf of a registered trade union or of an individual employer or firm, in contemplation or furtherance of a trade dispute, to attend at or near a house or place where any person resides or works or carries on business or happens to be, if they so attend merely for the purpose of peacefully obtaining or communicating information; but
  3. (b) it shall not be lawful for one or more persons, whether acting on their own behalf or on behalf of a registered trade union or of an individual employer or firm, and notwithstanding that they may be acting in contemplation or furtherance of a trade dispute, to attend at or near a house or place where any person resides or works or carries on business or happens to be, for the purpose of obtaining or communicating information or of persuading or inducing any person to work or to abstain from working if they so attend in such numbers or otherwise in such manner as to be calculated-
  4. (i) to intimidate any person in that house or place, or to obstruct the approach thereto or egress therefrom;
  5. (ii) to lead to a breach of the peace; or
  6. (iii) to cause complete cessation of work.
  7. (2) For the avoidance of doubt, it is declared that, notwithstanding this or any other enactment, it shall be an offence for any person in contemplation or furtherance of a dispute within the meaning of section 1 of the Public Service (Negotiating Machinery) Act to attend at or near any premises or land occupied by the Government.
  8. (3) Any person who acts in contravention of subsection (1)(b) commits an offence and is liable to a fine not exceeding five hundred shillings or to imprisonment for a term not exceeding three months or to both.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions
Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
52. Intimidation or annoyance
(1)

Any person who, with a view to compelling any other person to abstain from doing or to do any act which the other person has a legal right to do or abstain from doing, wrongfully and without legal authority-

(a)

uses violence to or intimidates that other person or his wife or children or injures the property of that other person;

(b)

persistently follows such other person about from place to place;

(c)

hides any tools, clothes or other property owned or used by such other person, or deprives him or her of or hinders him or her in the use thereof;

(d)

watches or besets the house or other place where that other person resides or works or carries on business or happens to be or the approach to that house or place; or

(e)

follows that other person in a disorderly manner in or through any street or road, commits an offence and is liable to a fine not exceeding one thousand shillings or to imprisonment for a term not exceeding six months.

(2)

For the purposes of this section, attending at or near any house or place in such numbers or in such manner as is not lawful under section 51(1)(b) , shall be deemed to be watching and besetting of that house or place within the meaning of this section.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Offence or consequence

This section creates or governs statutory liability concerning “Intimidation or annoyance”.

“(1) Any person who, with a view to compelling any other person to abstain from doing or to do any act which the other person has a legal right to do or abstain from doing, wrongfully and without legal authority-”
Primary legislation Source quotation matched
Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

7
  1. (1) Any person who, with a view to compelling any other person to abstain from doing or to do any act which the other person has a legal right to do or abstain from doing, wrongfully and without legal authority-
  2. (a) uses violence to or intimidates that other person or his wife or children or injures the property of that other person;
  3. (b) persistently follows such other person about from place to place;
  4. (c) hides any tools, clothes or other property owned or used by such other person, or deprives him or her of or hinders him or her in the use thereof;
  5. (d) watches or besets the house or other place where that other person resides or works or carries on business or happens to be or the approach to that house or place; or
  6. (e) follows that other person in a disorderly manner in or through any street or road, commits an offence and is liable to a fine not exceeding one thousand shillings or to imprisonment for a term not exceeding six months.
  7. (2) For the purposes of this section, attending at or near any house or place in such numbers or in such manner as is not lawful under section 51(1)(b), shall be deemed to be watching and besetting of that house or place within the meaning of this section.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions
Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
53. Conspiracy in trade disputes
(1)

Any agreement or combination by two or more persons to do or procure to be done any act in contemplation or furtherance of a trade dispute other than a strike shall not be punishable as a conspiracy if the act when committed by one person would not be punishable as a crime.

(2)

An act done in pursuance of an agreement or combination by two or more persons shall not, if done in contemplation or furtherance of a trade dispute, be actionable unless the act, if done without any such agreement or combination, would be actionable.

(3)

Nothing in this section shall exempt from punishment any person guilty of a conspiracy for which a punishment is awarded by any other enactment.

(4)

Nothing in this section shall affect the law relating to riot, unlawful assembly, breach of the peace or sedition, or any offence against the President or the Government.

(5)

For the purposes of this section, a crime means an offence for the commission of which the offender is liable to be imprisoned either absolutely or at the discretion of the court as an alternative for some other punishment.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Definition

This section supplies the definitions or statutory meaning governing “Conspiracy in trade disputes”.

“(1) Any agreement or combination by two or more persons to do or procure to be done any act in contemplation or furtherance of a trade dispute other than a strike shall not be punishable as a conspiracy if the act when committed by one person would not be punishable as a crime.”
Primary legislation Source quotation matched
Practical effect

Use this definition when interpreting other provisions that employ the language addressed by “Conspiracy in trade disputes”.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

5
  1. (1) Any agreement or combination by two or more persons to do or procure to be done any act in contemplation or furtherance of a trade dispute other than a strike shall not be punishable as a conspiracy if the act when committed by one person would not be punishable as a crime.
  2. (2) An act done in pursuance of an agreement or combination by two or more persons shall not, if done in contemplation or furtherance of a trade dispute, be actionable unless the act, if done without any such agreement or combination, would be actionable.
  3. (3) Nothing in this section shall exempt from punishment any person guilty of a conspiracy for which a punishment is awarded by any other enactment.
  4. (4) Nothing in this section shall affect the law relating to riot, unlawful assembly, breach of the peace or sedition, or any offence against the President or the Government.
  5. (5) For the purposes of this section, a crime means an offence for the commission of which the offender is liable to be imprisoned either absolutely or at the discretion of the court as an alternative for some other punishment.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
54. Freedom of association of employees
(1)

Employees shall have the right to organise themselves in any trade union and may assist in its running and may bargain collectively through a representative of their own choosing and may engage in other lawful activity which is for the purpose of collective bargaining or other mutual aid or practice.

(2)

An employer shall not-

(a)

interfere with, restrain or coerce an employee in exercise of his or her rights guaranteed under this Act;

(b)

interfere with the formation of a trade union or with the administration of the National Organisation of Trade Unions or a registered trade union;

(c)

discriminate in regard to hire, tenure or any terms or conditions of employment to discourage membership in a trade union; and

(d)

discharge an employee on account of his or her lawful involvement in union activities.

(3)

Any employer who contravenes subsection (2) commits an offence and is liable to a fine not exceeding two thousand shillings or to imprisonment for a term not exceeding one year or to both.

(4)

For the purposes of ensuring compliance with this section, the registrar may investigate the affairs of any employer in relation to any of the matters set out in subsection (2) and may for that purpose call on the employer to produce for his or her inspection all and any of the books or documents of the employer or to furnish in writing such information or explanation as the registrar may require.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Offence or consequence

This section creates or governs statutory liability concerning “Freedom of association of employees”.

“(1) Employees shall have the right to organise themselves in any trade union and may assist in its running and may bargain collectively through a representative of their own choosing and may engage in other lawful activity which is for the purpose of collective bargaining or other mutual aid or practice.”
Primary legislation Source quotation matched
Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

8
  1. (1) Employees shall have the right to organise themselves in any trade union and may assist in its running and may bargain collectively through a representative of their own choosing and may engage in other lawful activity which is for the purpose of collective bargaining or other mutual aid or practice.
  2. (2) An employer shall not-
  3. (a) interfere with, restrain or coerce an employee in exercise of his or her rights guaranteed under this Act;
  4. (b) interfere with the formation of a trade union or with the administration of the National Organisation of Trade Unions or a registered trade union;
  5. (c) discriminate in regard to hire, tenure or any terms or conditions of employment to discourage membership in a trade union; and
  6. (d) discharge an employee on account of his or her lawful involvement in union activities.
  7. (3) Any employer who contravenes subsection (2) commits an offence and is liable to a fine not exceeding two thousand shillings or to imprisonment for a term not exceeding one year or to both.
  8. (4) For the purposes of ensuring compliance with this section, the registrar may investigate the affairs of any employer in relation to any of the matters set out in subsection (2) and may for that purpose call on the employer to produce for his or her inspection all and any of the books or documents of the employer or to furnish in writing such information or explanation as the registrar may require.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
Employees associations
55. Employees associations
(1)

All employees associations shall, so soon as they are established, notify their establishment to the registrar.

(2)

An employees association or any person on its behalf shall not collect from its members or from any other person any subscription or pecuniary contribution to its funds, other than an annual contribution to an office expense fund or welfare fund, nor shall it create any fund other than an office expense fund or welfare fund.

(3)

Any employees association may at any time apply to the registrar under section 6(1) for registration as a trade union and on such registration as a trade union the association shall cease immediately to be an employees association.

(4)

Whenever the Minister is satisfied that an employees association is conducting its affairs in such manner that it should be regarded as a trade union, the Minister may order the association to apply for registration as a trade union, and upon such application being made subsection (3) shall apply to the association.

(5)

Where any employees association contravenes any of the provisions of this section or fails to comply with an order made by the Minister by virtue of subsection (4), any person who is responsible for the disobedience or contravention commits an offence and is liable to a fine not exceeding one thousand shillings.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Offence or consequence

This section creates or governs statutory liability concerning “Employees associations”.

“(1) All employees associations shall, so soon as they are established, notify their establishment to the registrar.”
Primary legislation Source quotation matched
Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

5
  1. (1) All employees associations shall, so soon as they are established, notify their establishment to the registrar.
  2. (2) An employees association or any person on its behalf shall not collect from its members or from any other person any subscription or pecuniary contribution to its funds, other than an annual contribution to an office expense fund or welfare fund, nor shall it create any fund other than an office expense fund or welfare fund.
  3. (3) Any employees association may at any time apply to the registrar under section 6(1) for registration as a trade union and on such registration as a trade union the association shall cease immediately to be an employees association.
  4. (4) Whenever the Minister is satisfied that an employees association is conducting its affairs in such manner that it should be regarded as a trade union, the Minister may order the association to apply for registration as a trade union, and upon such application being made subsection (3) shall apply to the association.
  5. (5) Where any employees association contravenes any of the provisions of this section or fails to comply with an order made by the Minister by virtue of subsection (4), any person who is responsible for the disobedience or contravention commits an offence and is liable to a fine not exceeding one thousand shillings.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions
Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
56. Accounts and books of employees association
(1)

The registrar may advise employees associations as to the manner in which they shall keep their accounts and books, and may direct any such association to furnish him or her with copies of its constitution, rules and balance sheet.

(2)

If any employees association fails to comply with any direction under subsection (1), the association and any officer or member acting or purporting to act as its officer commits an offence and is liable to a fine not exceeding two thousand shillings.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Offence or consequence

This section creates or governs statutory liability concerning “Accounts and books of employees association”.

“(1) The registrar may advise employees associations as to the manner in which they shall keep their accounts and books, and may direct any such association to furnish him or her with copies of its constitution, rules and balance sheet.”
Primary legislation Source quotation matched
Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (1) The registrar may advise employees associations as to the manner in which they shall keep their accounts and books, and may direct any such association to furnish him or her with copies of its constitution, rules and balance sheet.
  2. (2) If any employees association fails to comply with any direction under subsection (1), the association and any officer or member acting or purporting to act as its officer commits an offence and is liable to a fine not exceeding two thousand shillings.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
Offences and penalties
57. Penalty for misuse of money or property of trade unions
(1)

Where, on complaint made by a member of the National Organisation of Trade Unions or a registered trade union or the registrar, it is shown to the satisfaction of a court that any person-

(a)

has in his or her possession or control any property of the National Organisation of Trade Unions or the trade union otherwise than in accordance with the constitution or rules of the National Organisation of Trade Unions or the trade union; or

(b)

has unlawfully expended or withheld any money of the National Organisation of Trade Unions or the trade union, the court shall, if it considers that the justice of the case so requires, order that person to deliver all such property to the trustees of the National Organisation of Trade Unions or the trade union, as the case may be, and to pay to them the money so unlawfully expended or withheld.

(2)

A complaint under subsection (1), other than a complaint made by the registrar, shall not be entertained unless the court is satisfied that the complainant is, or was, on the date of the complaint, a member of the National Organisation of Trade Unions or the registered trade union in respect of whose property or money the complaint was made.

(3)

Any person bound by an order made under subsection (1) who fails to comply with the terms of the order and the directions given in the order within the time specified in the order commits an offence and is liable to a fine not exceeding one thousand shillings.

(4)

Any person who, in any return, minute, report, certificate, balance sheet or other document required by or for the purposes of this Act, wilfully makes or is privy to the making of a statement in respect of any such document which is false in any material particular, knowing it to be false, commits an offence and is liable to a fine not exceeding ten thousand shillings or to imprisonment for a term not exceeding two years or to both.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Offence or consequence

This section creates or governs statutory liability concerning “Penalty for misuse of money or property of trade unions”.

“(1) Where, on complaint made by a member of the National Organisation of Trade Unions or a registered trade union or the registrar, it is shown to the satisfaction of a court that any person-”
Primary legislation Source quotation matched
Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

6
  1. (1) Where, on complaint made by a member of the National Organisation of Trade Unions or a registered trade union or the registrar, it is shown to the satisfaction of a court that any person-
  2. (a) has in his or her possession or control any property of the National Organisation of Trade Unions or the trade union otherwise than in accordance with the constitution or rules of the National Organisation of Trade Unions or the trade union; or
  3. (b) has unlawfully expended or withheld any money of the National Organisation of Trade Unions or the trade union, the court shall, if it considers that the justice of the case so requires, order that person to deliver all such property to the trustees of the National Organisation of Trade Unions or the trade union, as the case may be, and to pay to them the money so unlawfully expended or withheld.
  4. (2) A complaint under subsection (1), other than a complaint made by the registrar, shall not be entertained unless the court is satisfied that the complainant is, or was, on the date of the complaint, a member of the National Organisation of Trade Unions or the registered trade union in respect of whose property or money the complaint was made.
  5. (3) Any person bound by an order made under subsection (1) who fails to comply with the terms of the order and the directions given in the order within the time specified in the order commits an offence and is liable to a fine not exceeding one thousand shillings.
  6. (4) Any person who, in any return, minute, report, certificate, balance sheet or other document required by or for the purposes of this Act, wilfully makes or is privy to the making of a statement in respect of any such document which is false in any material particular, knowing it to be false, commits an offence and is liable to a fine not exceeding ten thousand shillings or to imprisonment for a term not exceeding two years or to both.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
58. Limitation of prosecutions

No prosecution shall be instituted under section 51 or 52 except by, or at the instance of, or with the written consent of the Director of Public Prosecutions

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Limitation of prosecutions”.

“No prosecution shall be instituted under section 51 or 52 except by, or at the instance of, or with the written consent of the Director of Public Prosecutions”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. No prosecution shall be instituted under section 51 or 52 except by, or at the instance of, or with the written consent of the Director of Public Prosecutions
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions
Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
59. Courts which may try offences

All offences under this Act may be prosecuted before a court presided over by a chief magistrate

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Courts which may try offences”.

“All offences under this Act may be prosecuted before a court presided over by a chief magistrate”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. All offences under this Act may be prosecuted before a court presided over by a chief magistrate
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
Investigations
60. Inquiries by Minister, etc
(1)

The Minister may, whenever he or she considers it necessary in the public interest to do so, call on the National Organisation of Trade Unions or a registered trade union to produce for the Minister's inspection or for the inspection of any other person authorised for that purpose in the order, all or any of the books or documents of the National Organisation of Trade Unions or the trade union.

(2)

Where it appears to the Minister that there are circumstances suggesting, in relation to the National Organisation of Trade Unions or a registered trade union-

(a)

that the affairs of the National Organisation of Trade Unions or the trade union are being conducted or the powers of the officers thereof are being exercised in a manner oppressive to one or more members of the National Organisation of Trade Unions or the trade union, or in disregard of his or her or their proper interests as a member or members of the National Organisation of Trade Unions or the trade union;

(b)

that any book or document which the National Organisation of Trade Unions or the trade union is required to send to him or her or to a person so authorised under subsection (1) does not disclose a full and fair statement of the matters to which it purports to relate; or

(c)

that the affairs of the National Organisation of Trade Unions or the trade union are being conducted in a manner prejudicial to the interests of the members thereof, the Minister may call on the National Organisation of Trade Unions or the trade union to produce, for his or her inspection or the inspection of any person authorised for that purpose in the order, all or any of the books and documents of the National Organisation of Trade Unions or the trade union to furnish in writing such information or explanation as the Minister may specify in the order.

(3)

Where the Minister calls on the National Organisation of Trade Unions or any trade union to produce any book or document under subsection (1) or (2), the National Organisation of Trade Unions or trade union shall comply with the same within such time as may be specified in the order, and all persons who are or have been officers of the National Organisation of Trade Unions or the trade union shall, so far as lies within their power, produce such books, documents or furnish such information or explanation.

(4)

Where the National Organisation of Trade Unions or a registered trade union makes default in complying with subsection (3), the National Organisation of Trade Unions or the trade union and any officer thereof who is in default commits an offence and is liable to a fine not exceeding two thousand shillings; and if any officer or former officer of the National Organisation of Trade Unions or the trade union makes default in complying with the subsection, he or she is likewise liable to a fine not exceeding two thousand shillings.

(5)

Unless the books, documents, information or explanations produced or given to the Minister or a person so authorised in accordance with this section satisfy the Minister or the person so authorised that further action is not needed, the Minister shall either-

(a)

proceed in accordance with section 65 ; or

(b)

act in accordance with section 61 .

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Offence or consequence

This section creates or governs statutory liability concerning “Inquiries by Minister, etc”.

“(1) The Minister may, whenever he or she considers it necessary in the public interest to do so, call on the National Organisation of Trade Unions or a registered trade union to produce for the Minister's inspection or for the inspection of any other person authorised for that purpose in the order, all or any of the books or documents of the National Organisation of Trade Unions or the trade union.”
Primary legislation Source quotation matched
Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

10
  1. (1) The Minister may, whenever he or she considers it necessary in the public interest to do so, call on the National Organisation of Trade Unions or a registered trade union to produce for the Minister's inspection or for the inspection of any other person authorised for that purpose in the order, all or any of the books or documents of the National Organisation of Trade Unions or the trade union.
  2. (2) Where it appears to the Minister that there are circumstances suggesting, in relation to the National Organisation of Trade Unions or a registered trade union-
  3. (a) that the affairs of the National Organisation of Trade Unions or the trade union are being conducted or the powers of the officers thereof are being exercised in a manner oppressive to one or more members of the National Organisation of Trade Unions or the trade union, or in disregard of his or her or their proper interests as a member or members of the National Organisation of Trade Unions or the trade union;
  4. (b) that any book or document which the National Organisation of Trade Unions or the trade union is required to send to him or her or to a person so authorised under subsection (1) does not disclose a full and fair statement of the matters to which it purports to relate; or
  5. (c) that the affairs of the National Organisation of Trade Unions or the trade union are being conducted in a manner prejudicial to the interests of the members thereof, the Minister may call on the National Organisation of Trade Unions or the trade union to produce, for his or her inspection or the inspection of any person authorised for that purpose in the order, all or any of the books and documents of the National Organisation of Trade Unions or the trade union to furnish in writing such information or explanation as the Minister may specify in the order.
  6. (3) Where the Minister calls on the National Organisation of Trade Unions or any trade union to produce any book or document under subsection (1) or (2), the National Organisation of Trade Unions or trade union shall comply with the same within such time as may be specified in the order, and all persons who are or have been officers of the National Organisation of Trade Unions or the trade union shall, so far as lies within their power, produce such books, documents or furnish such information or explanation.
  7. (4) Where the National Organisation of Trade Unions or a registered trade union makes default in complying with subsection (3), the National Organisation of Trade Unions or the trade union and any officer thereof who is in default commits an offence and is liable to a fine not exceeding two thousand shillings; and if any officer or former officer of the National Organisation of Trade Unions or the trade union makes default in complying with the subsection, he or she is likewise liable to a fine not exceeding two thousand shillings.
  8. (5) Unless the books, documents, information or explanations produced or given to the Minister or a person so authorised in accordance with this section satisfy the Minister or the person so authorised that further action is not needed, the Minister shall either-

2 further items remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions
Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
61. Appointment of investigator
(1)

The Minister may appoint a person being an advocate of not less than two years' standing to investigate the affairs of the National Organisation of Trade Unions or a registered trade union and to report thereon to the Minister in such manner as he or she directs-

(a)

upon a report by the person so authorised after inquiries have been made in accordance with section 60 ;

(b)

upon the application of the registrar; and

(c)

upon the application of not less than six members of the National Organisation of Trade Unions or a registered trade union.

(2)

When an application is made under subsection (1)(c)-

(a)

the application shall be supported by such evidence as the investigator may require for the purposes of showing that the applicants have good reason for requiring the investigation;

(b)

at least fourteen days' previous notice of the application shall be given to the registrar who shall be entitled to be represented at the hearing and to give evidence and call witnesses.

(3)

An application under this section shall not be entertained unless at least fourteen days' previous notice thereof shall have been given to the National Organisation of Trade Unions or the registered trade union which shall be entitled to be represented at the hearing and to give evidence and call witnesses.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Appointment of investigator”.

“(1) The Minister may appoint a person being an advocate of not less than two years' standing to investigate the affairs of the National Organisation of Trade Unions or a registered trade union and to report thereon to the Minister in such manner as he or she directs-”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

8
  1. (1) The Minister may appoint a person being an advocate of not less than two years' standing to investigate the affairs of the National Organisation of Trade Unions or a registered trade union and to report thereon to the Minister in such manner as he or she directs-
  2. (a) upon a report by the person so authorised after inquiries have been made in accordance with section 60;
  3. (b) upon the application of the registrar; and
  4. (c) upon the application of not less than six members of the National Organisation of Trade Unions or a registered trade union.
  5. (2) When an application is made under subsection (1)(c)-
  6. (a) the application shall be supported by such evidence as the investigator may require for the purposes of showing that the applicants have good reason for requiring the investigation;
  7. (b) at least fourteen days' previous notice of the application shall be given to the registrar who shall be entitled to be represented at the hearing and to give evidence and call witnesses.
  8. (3) An application under this section shall not be entertained unless at least fourteen days' previous notice thereof shall have been given to the National Organisation of Trade Unions or the registered trade union which shall be entitled to be represented at the hearing and to give evidence and call witnesses.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions
Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
62. Investigation into other trade unions, etc

If the Minister, upon the recommendation of the investigator, thinks it necessary for the purposes of an investigation under section 61 that there should be an investigation into the affairs of any other trade union or person which or who has, at any relevant time, been associated in any manner with the National Organisation of Trade Unions or the trade union concerned, he or she shall order such investigation; and the investigator shall report on the affairs of any such other trade union or persons so far as he or she thinks the results of his or her investigation thereof are relevant to the investigation of the affairs of the first-mentioned trade union.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Investigation into other trade unions, etc”.

“If the Minister, upon the recommendation of the investigator, thinks it necessary for the purposes of an investigation under section 61 that there should be an investigation into the affairs of any other trade union or person which or who has, at any relevant time, been associated in any manner with the National Organisation of Trade Unions or the trade union concerned, he or she shall order such investigation; and the investigator shall report on the affairs of any such other trade union or persons so far as he…”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. If the Minister, upon the recommendation of the investigator, thinks it necessary for the purposes of an investigation under section 61 that there should be an investigation into the affairs of any other trade union or person which or who has, at any relevant time, been associated in any manner with the National Organisation of Trade Unions or the trade union concerned, he or she shall order such investigation; and the investigator shall report on the affairs of any such other trade union or persons so far as he or she thinks the results of his or her investigation thereof are relevant to the investigation of the affairs of the first-mentioned trade union.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions
Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
63. Production of books, documents, evidence, etc
(1)

It shall be the duty of all officers and agents of the National Organisation of Trade Unions or a trade union and of all officers and agents of any other person whose affairs are investigated, by virtue of section 62 , to produce to the investigator all books or documents of or relating to the National Organisation of Trade Unions or the trade union or, as the case may be, the other person, which are in their custody or power, and otherwise to give to the investigator all assistance in connection with the investigation which they are reasonably able to give.

(2)

The investigator may examine on oath the officers or agents of the National Organisation of Trade Unions or the trade union or other person in relation to its constitution or rules, administration, affairs or activities, and may administer an oath accordingly.

(3)

If an officer or agent of the National Organisation of Trade Unions or the trade union or other person destroys or refuses to produce to the investigator any book or document which it is his or her duty under this section so to produce, or refuses to answer any question put to him or her by the investigator with respect to the constitution or rules, administration, affairs or other activities of the National Organisation of Trade Unions or the trade union or other person, as the case may be, the investigator may certify the facts in writing to the High Court, and the High Court may thereby inquire into the case, and after hearing all witnesses who may be produced against or on behalf of the alleged offender, and after hearing any statement which may be offered in defence, punish the offender in like manner as if he or she has been guilty of contempt of the High Court.

(4)

If the investigator thinks fit or necessary for the purposes of an investigation under this Act that a person whom he or she has no power to examine on oath should be so examined, he or she may apply to the High Court, and the High Court may, if it sees fit, order that person to attend and to be examined on oath before it on any matter relevant to the investigation.

(5)

On an examination under subsection (4)-

(a)

the investigator may take part in the examination, either personally or by an advocate;

(b)

the High Court may put such questions to the person examined as the High Court thinks fit;

(c)

the person examined shall answer all such questions as the High Court may put or allow to be put to him or her, but may, at his or her own cost, employ an advocate who shall be at liberty to put to him or her such questions as the High Court may deem just for the purposes of enabling him or her to explain or qualify any answers given by him or her; and notes of the examination shall be taken down in writing, and shall be read over to or by, and signed by the person examined, and may thereafter be used in evidence against him or her.

(6)

Notwithstanding anything contained in subsection (5)(c), the High Court may allow the person examined such costs as in its discretion it may think fit, and any costs so allowed shall be paid as part of the expenses of the investigation.

(7)

For the purposes of this section, any reference to officers or to agents shall include past as well as present officers or agents, as the case may be.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Production of books, documents, evidence, etc”.

“(1) It shall be the duty of all officers and agents of the National Organisation of Trade Unions or a trade union and of all officers and agents of any other person whose affairs are investigated, by virtue of section 62, to produce to the investigator all books or documents of or relating to the National Organisation of Trade Unions or the trade union or, as the case may be, the other person, which are in their custody or power, and otherwise to give to the investigator all assistance in connection with the…”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

10
  1. (1) It shall be the duty of all officers and agents of the National Organisation of Trade Unions or a trade union and of all officers and agents of any other person whose affairs are investigated, by virtue of section 62, to produce to the investigator all books or documents of or relating to the National Organisation of Trade Unions or the trade union or, as the case may be, the other person, which are in their custody or power, and otherwise to give to the investigator all assistance in connection with the investigation which they are reasonably able to give.
  2. (2) The investigator may examine on oath the officers or agents of the National Organisation of Trade Unions or the trade union or other person in relation to its constitution or rules, administration, affairs or activities, and may administer an oath accordingly.
  3. (3) If an officer or agent of the National Organisation of Trade Unions or the trade union or other person destroys or refuses to produce to the investigator any book or document which it is his or her duty under this section so to produce, or refuses to answer any question put to him or her by the investigator with respect to the constitution or rules, administration, affairs or other activities of the National Organisation of Trade Unions or the trade union or other person, as the case may be, the investigator may certify the facts in writing to the High Court, and the High Court may thereby inquire into the case, and after hearing all witnesses who may be produced against or on behalf of the alleged offender, and after hearing any statement which may be offered in defence, punish the offender in like manner as if he or she has been guilty of contempt of the High Court.
  4. (4) If the investigator thinks fit or necessary for the purposes of an investigation under this Act that a person whom he or she has no power to examine on oath should be so examined, he or she may apply to the High Court, and the High Court may, if it sees fit, order that person to attend and to be examined on oath before it on any matter relevant to the investigation.
  5. (5) On an examination under subsection (4)-
  6. (a) the investigator may take part in the examination, either personally or by an advocate;
  7. (b) the High Court may put such questions to the person examined as the High Court thinks fit;
  8. (c) the person examined shall answer all such questions as the High Court may put or allow to be put to him or her, but may, at his or her own cost, employ an advocate who shall be at liberty to put to him or her such questions as the High Court may deem just for the purposes of enabling him or her to explain or qualify any answers given by him or her; and notes of the examination shall be taken down in writing, and shall be read over to or by, and signed by the person examined, and may thereafter be used in evidence against him or her.

2 further items remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions
Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
64. Report of investigator
(1)

The investigator shall, on the conclusion of the investigation, make a final report to the Minister.

(2)

The Minister shall, unless in his or her opinion it is not desirable in the public interest to do so-

(a)

forward a copy of any report made to him or her under this Act to the National Organisation of Trade Unions or the trade union concerned;

(b)

forward a copy of the report on request and on payment of a reasonable charge to any other person who is a member of the National Organisation of Trade Unions or the trade union or any other person dealt with in the report by virtue of the provisions of section 62 ;

(c)

where the investigator is appointed by virtue of section 61(1)(c) furnish, at the request of the applicants for the investigation, a copy to them, and may also cause the report to be published in the Gazette.

(3)

A copy of the report as published in the Gazette shall be admissible in any legal proceedings as evidence of the opinion of the investigator in relation to any matter contained in the report.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Report of investigator”.

“(1) The investigator shall, on the conclusion of the investigation, make a final report to the Minister.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

6
  1. (1) The investigator shall, on the conclusion of the investigation, make a final report to the Minister.
  2. (2) The Minister shall, unless in his or her opinion it is not desirable in the public interest to do so-
  3. (a) forward a copy of any report made to him or her under this Act to the National Organisation of Trade Unions or the trade union concerned;
  4. (b) forward a copy of the report on request and on payment of a reasonable charge to any other person who is a member of the National Organisation of Trade Unions or the trade union or any other person dealt with in the report by virtue of the provisions of section 62;
  5. (c) where the investigator is appointed by virtue of section 61(1)(c) furnish, at the request of the applicants for the investigation, a copy to them, and may also cause the report to be published in the Gazette.
  6. (3) A copy of the report as published in the Gazette shall be admissible in any legal proceedings as evidence of the opinion of the investigator in relation to any matter contained in the report.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions
Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
65. Proceedings after investigations

If, as a result of any information obtained in accordance with section 52(4) or 60 or as a result of any report made under section 64 , it appears to the Minister that (a) any person may have committed an offence of which he or she is criminally liable, the Minister may refer the matter to the Director of Public Prosecutions who, if he or she considers that the case is one in which a prosecution ought to be instituted, shall institute proceedings accordingly;

(b)

the registration of any trade union ought to be cancelled, the Minister may direct the registrar to cancel the registration of that trade union;

(c)

proceedings ought, in the public interest, to be brought by the National Organisation of Trade Unions or any registered trade union or any other person against any officer or former officer of the National Organisation of Trade Unions or any trade union, or against any person to recover any property or money or damages or compensation to which the National Organisation of Trade Unions or the registered trade union or such other person is entitled, the Minister may direct the registrar to bring proceedings for that purpose in the name of the National Organisation of Trade Unions or the trade union or person concerned.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Offence or consequence

This section creates or governs statutory liability concerning “Proceedings after investigations”.

“If, as a result of any information obtained in accordance with section 52(4) or 60 or as a result of any report made under section 64, it appears to the Minister that (a) any person may have committed an offence of which he or she is criminally liable, the Minister may refer the matter to the Director of Public Prosecutions who, if he or she considers that the case is one in which a prosecution ought to be instituted, shall institute proceedings accordingly;”
Primary legislation Source quotation matched
Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (b) the registration of any trade union ought to be cancelled, the Minister may direct the registrar to cancel the registration of that trade union;
  2. (c) proceedings ought, in the public interest, to be brought by the National Organisation of Trade Unions or any registered trade union or any other person against any officer or former officer of the National Organisation of Trade Unions or any trade union, or against any person to recover any property or money or damages or compensation to which the National Organisation of Trade Unions or the registered trade union or such other person is entitled, the Minister may direct the registrar to bring proceedings for that purpose in the name of the National Organisation of Trade Unions or the trade union or person concerned.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions
Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
Miscellaneous
66. Nomination
(1)

A minor who is a member of the National Organisation of Trade Unions or a registered trade union may, in writing, under his or her hand, delivered at, or sent to, the registered office of the National Organisation of Trade Unions or the trade union, nominate a person not being an officer or servant of the National Organisation of Trade Unions or the trade union, unless that officer or servant is a blood relation of the nominator to whom any monies payable on the death of the minor shall be paid at his or her decease.

(2)

A nomination made under subsection (1) may, from time to time, be revoked or varied by writing under the hand of the minor and similarly delivered or sent.

(3)

On receiving satisfactory proof of the death of a nominator, the National Organisation of Trade Unions or the registered trade union shall pay to the nominee any benefits under its constitution or rules due to the deceased member.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Nomination”.

“(1) A minor who is a member of the National Organisation of Trade Unions or a registered trade union may, in writing, under his or her hand, delivered at, or sent to, the registered office of the National Organisation of Trade Unions or the trade union, nominate a person not being an officer or servant of the National Organisation of Trade Unions or the trade union, unless that officer or servant is a blood relation of the nominator to whom any monies payable on the death of the minor shall be paid at his or her…”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

3
  1. (1) A minor who is a member of the National Organisation of Trade Unions or a registered trade union may, in writing, under his or her hand, delivered at, or sent to, the registered office of the National Organisation of Trade Unions or the trade union, nominate a person not being an officer or servant of the National Organisation of Trade Unions or the trade union, unless that officer or servant is a blood relation of the nominator to whom any monies payable on the death of the minor shall be paid at his or her decease.
  2. (2) A nomination made under subsection (1) may, from time to time, be revoked or varied by writing under the hand of the minor and similarly delivered or sent.
  3. (3) On receiving satisfactory proof of the death of a nominator, the National Organisation of Trade Unions or the registered trade union shall pay to the nominee any benefits under its constitution or rules due to the deceased member.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
67. Service of legal process

Every summons, notice or other document required to be served on the National Organisation of Trade Unions or a registered trade union in any civil or criminal proceedings shall be deemed to be duly served if it is delivered at the registered office of the National Organisation of Trade Unions or the trade union or posted to its registered postal address, or if it is served personally on the chairperson or the treasurer or the secretary or on any officer of the National Organisation of Trade Unions or the trade union insofar as that service is otherwise in compliance with the requirements of any relevant law

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Procedural rule

This section establishes the governing procedure for “Service of legal process”.

“Every summons, notice or other document required to be served on the National Organisation of Trade Unions or a registered trade union in any civil or criminal proceedings shall be deemed to be duly served if it is delivered at the registered office of the National Organisation of Trade Unions or the trade union or posted to its registered postal address, or if it is served personally on the chairperson or the treasurer or the secretary or on any officer of the National Organisation of Trade Unions or the trade…”
Primary legislation Source quotation matched
Practical effect

A litigant should address this rule at the procedural stage named in the section and preserve evidence of compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. Every summons, notice or other document required to be served on the National Organisation of Trade Unions or a registered trade union in any civil or criminal proceedings shall be deemed to be duly served if it is delivered at the registered office of the National Organisation of Trade Unions or the trade union or posted to its registered postal address, or if it is served personally on the chairperson or the treasurer or the secretary or on any officer of the National Organisation of Trade Unions or the trade union insofar as that service is otherwise in compliance with the requirements of any relevant law
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
68. Facts to be notified in the Gazette

The registrar shall notify the following facts in the Gazette (a) the fact that any trade union has been registered or that registration has been refused;

(b)

the fact that the registration of any registered trade union has been cancelled;

(c)

the fact that a change of name or amalgamation affecting any registered trade union has been registered; and

(d)

the fact that any registered trade union has been dissolved.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Facts to be notified in the Gazette”.

“The registrar shall notify the following facts in the Gazette (a) the fact that any trade union has been registered or that registration has been refused;”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

3
  1. (b) the fact that the registration of any registered trade union has been cancelled;
  2. (c) the fact that a change of name or amalgamation affecting any registered trade union has been registered; and
  3. (d) the fact that any registered trade union has been dissolved.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
69. Regulations
(1)

The Minister may make regulations for the purposes of carrying out or giving effect to the principles and provisions of this Act.

(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)

prescribing all matters stated or required in this Act to be prescribed;

(b)

prescribing the books and registers to be kept for the purposes of this Act and the forms thereof;

(c)

the manner in which the trade unions and their constitutions or rules shall be registered and the fees payable on such registration;

(d)

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 inspection;

(e)

the due disposal and safe custody of the funds and monies of the National Organisation of Trade Unions or a registered trade union;

(f)

the creation, administration, protection, control and disposal of the benevolent funds of registered trade unions and all the matters connected therewith or incidental thereto;

(g)

the basic agreements and arrangements in respect of the system known as "checkoff" and the National Organisation of Trade Unions and trade union subscriptions;

(h)

generally for all matters incidental to or connected with the matters or subjects specifically mentioned in this subsection.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Regulations”.

“(1) The Minister may make regulations for the purposes of carrying out or giving effect to the principles and provisions of this Act.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

10
  1. (1) The Minister may make regulations for the purposes of carrying out or giving effect to the principles and provisions of this Act.
  2. (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-
  3. (a) prescribing all matters stated or required in this Act to be prescribed;
  4. (b) prescribing the books and registers to be kept for the purposes of this Act and the forms thereof;
  5. (c) the manner in which the trade unions and their constitutions or rules shall be registered and the fees payable on such registration;
  6. (d) 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 inspection;
  7. (e) the due disposal and safe custody of the funds and monies of the National Organisation of Trade Unions or a registered trade union;
  8. (f) the creation, administration, protection, control and disposal of the benevolent funds of registered trade unions and all the matters connected therewith or incidental thereto;

2 further items remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
70. Ineligibility for membership in trade union and inapplicability of certain laws
(1)

The following persons shall not be eligible to become members of a trade union-

(a)

members of the Uganda Peoples' Defence Forces and members of any police force, or prisons service, including a local administration police force or prisons service established by law;

(b)

officers of the Internal Security Organisation and External Security Organisation; and

(c)

other persons or categories of persons referred to in the Second Schedule to this Act which Schedule the Minister may, from time to time, amend by statutory instrument.

(2)

The Companies Act and the Cooperative Societies Act shall not apply to the National Organisation of Trade Unions or any trade union, and the registration of any trade union under either of those Acts shall be void.

First Schedule (Section 32 )

Matters for which provision shall be made in the constitution or rules of the National Organisation of Trade Unions and the trade unions.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Ineligibility for membership in trade union and inapplicability of certain laws”.

“(1) The following persons shall not be eligible to become members of a trade union-”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

5
  1. (1) The following persons shall not be eligible to become members of a trade union-
  2. (a) members of the Uganda Peoples' Defence Forces and members of any police force, or prisons service, including a local administration police force or prisons service established by law;
  3. (b) officers of the Internal Security Organisation and External Security Organisation; and
  4. (c) other persons or categories of persons referred to in the Second Schedule to this Act which Schedule the Minister may, from time to time, amend by statutory instrument.
  5. (2) The Companies Act and the Cooperative Societies Act shall not apply to the National Organisation of Trade Unions or any trade union, and the registration of any trade union under either of those Acts shall be void.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions
Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
1. The name of the trade union

and the place of meeting for the business of the National Organisation of Trade Unions or trade union

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Governing rule

This section states the governing statutory rule for “The name of the trade union”.

“and the place of meeting for the business of the National Organisation of Trade Unions or trade union”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “The name of the trade union”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
2. The whole of the objects for which the National Organisation of Trade Unions or trade unions are 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 benefits issued thereby, and the fines and forfeitures to be imposed

on any member thereof

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “The whole of the objects for which the National Organisation of Trade Unions or trade unions are 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 benefits issued thereby, and the fines and forfeitures to be imposed”.

“on any member thereof”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
3. The manner of making, altering, amending

and rescinding a constitution or rules

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Governing rule

This section states the governing statutory rule for “The manner of making, altering, amending”.

“and rescinding a constitution or rules”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “The manner of making, altering, amending”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
4. The appointment or election and removal

of an executive and of trustees, secretaries, treasurers and other officers of the National Organisation of Trade Unions or trade union

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Governing rule

This section states the governing statutory rule for “The appointment or election and removal”.

“of an executive and of trustees, secretaries, treasurers and other officers of the National Organisation of Trade Unions or trade union”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “The appointment or election and removal”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
5. The custody and investment of the

funds of the National Organisation of Trade Unions and trade union, the designation of the officer or officers responsible thereof, and the annual or periodical audit of its accounts

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Governing rule

This section states the governing statutory rule for “The custody and investment of the”.

“funds of the National Organisation of Trade Unions and trade union, the designation of the officer or officers responsible thereof, and the annual or periodical audit of its accounts”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “The custody and investment of the”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
6. The inspection of the books and names of members of the National Organisation of Trade Unions and the trade unions by

any person having been interested in the funds of the National Organisation of Trade Unions and its trade unions

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Governing rule

This section states the governing statutory rule for “The inspection of the books and names of members of the National Organisation of Trade Unions and the trade unions by”.

“any person having been interested in the funds of the National Organisation of Trade Unions and its trade unions”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “The inspection of the books and names of members of the National Organisation of Trade Unions and the trade unions by”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
7. The manner of the dissolution of

the trade unions and the disposal of the funds thereof available at the time of such dissolutions

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Governing rule

This section states the governing statutory rule for “The manner of the dissolution of”.

“the trade unions and the disposal of the funds thereof available at the time of such dissolutions”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “The manner of the dissolution of”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
8. The taking of all decisions in respect of the election of officers, the amendment of rules, constitution, lockouts, dissolution and

any other matter affecting members of the National Organisation of Trade Unions or trade union generally, by secret ballot if required by the members

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Governing rule

This section states the governing statutory rule for “The taking of all decisions in respect of the election of officers, the amendment of rules, constitution, lockouts, dissolution and”.

“any other matter affecting members of the National Organisation of Trade Unions or trade union generally, by secret ballot if required by the members”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “The taking of all decisions in respect of the election of officers, the amendment of rules, constitution, lockouts, dissolution and”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. any other matter affecting members of the National Organisation of Trade Unions or trade union generally, by secret ballot if required by the members
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
9. The right of any member to a reasonable opportunity to vote

The text of this section isn't in the consolidation we hold — see the original PDF above.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory right

This section creates or regulates the entitlement described as “The right of any member to a reasonable opportunity to vote”.

“The right of any member to a reasonable opportunity to vote”
Primary legislation Source quotation matched
Practical effect

A person relying on the entitlement should identify the statutory conditions and the person or institution against whom it operates.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
10. The amount of subscription and fees

payable by members and the disqualifications of a member from voting on any matter concerning the National Organisation of Trade Unions or trade union and from receiving benefits if his or her subscription is in arrear.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Governing rule

This section states the governing statutory rule for “The amount of subscription and fees”.

“payable by members and the disqualifications of a member from voting on any matter concerning the National Organisation of Trade Unions or trade union and from receiving benefits if his or her subscription is in arrear.”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “The amount of subscription and fees”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. payable by members and the disqualifications of a member from voting on any matter concerning the National Organisation of Trade Unions or trade union and from receiving benefits if his or her subscription is in arrear.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
11. If honorary members are to be permitted, the conditions under which

a person may become an honorary member.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “If honorary members are to be permitted, the conditions under which”.

“a person may become an honorary member.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. a person may become an honorary member.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
12. Provision for keeping in a separate

fund all monies received or paid by the National Organisation of Trade Unions in respect of any contributory provident fund or pensions fund scheme.

13. In the case of the National

Organisation of Trade Unions suitable provision for the protection and promotion of each of the respective industrial interests of its affiliate member unions.

Second Schedule (Section 70(1)(c) )

Persons not eligible for membership of a trade union or an employees association affiliated to a trade union (1) Officers holding the following offices-

(a)

Permanent Secretaries;

(b)

heads of department, divisions or sections;

(c)

school headmasters and deputy headmasters;

(d)

principals or directors of institutions of higher learning;

(e)

heads of departments of institutions of higher learning; or

(f)

any other public officer who is on the salary scale U2 or an equivalent or similar scale replacing that scale or who is above that salary scale.

(2)

Officers of the Bank of Uganda holding the following offices-

(a)

governor;

(b)

deputy governor;

(c)

secretary;

(d)

general manager;

(e)

heads of department;

(f)

assistant or deputy heads of department;

(g)

personnel officers.

(3)

Other officers and employees, whether or not in the public service holding the following offices-

(a)

personnel officers;

(b)

labour officers;

(c)

industrial relations officers;

(d)

chiefs;

(e)

judges, magistrates and registrars of the courts of judicature.

(4)

Persons holding the office of personal secretary to any of the offices specified in paragraphs (1), (2), and (3) of this Schedule.

(5)

Officers or employees excluded from membership of trade unions or employees associations by mutual agreement between an employer and the trade union to which such officers or employees would otherwise belong.

Original Laws of Uganda consolidation (as at 31 December 2000) — public-domain legislation, consolidated by ULII / Laws.Africa (CC BY 4.0). This is a point-in-time text and may not reflect later amendments; confirm against the latest Uganda Gazette before relying on it.