Section 7: Cancellation of registration.
(1) Subject to the provisions of this section and of section 10(2) of this Act, the Registrar shall cancel the registration of a trade union if it is proved to his satisfaction-
(a) that the registration of the union was obtained by fraud or as the result of a mistake; or
(b) that any of the purposes of the union is unlawful;or
(c) that after receipt of a warning in writing from the Registrar, the union has deliberately contravened or continued to contravene any provision of this Act or the Regulations; or
(d) the principal purpose for which the union is in practice being carried on is a purpose other than that of regulating the terms and conditions of employment of workers; or
(e) the union, though still in existence, has ceased to function; or
(f) the union has ceased to exist.
(2) Where the Registrar proposes to cancel the registration of a trade union under subsection (1) of this section, he shall send to the trade union at its registered office a notice in the prescribed form-
(a) stating that he proposes to cancel the registration of the union, and specifying briefly the ground or grounds on which he proposes to do so;
(b) specifying a date not less than two months after the date of the notice and stating that unless before that date he is satisfied that the registration ought not to be cancelled, he will proceed to cancel the registration on the expiration of the period of thirty days beginning with that date unless an appeal against the proposed cancellation is brought within that period.
(3) Where-
(a) the Registrar has sent a notice under subsection (2) of this section to a trade union; and
(b) the trade union is still in existence on the date specified in the notice; and
(c) the Registrar has not withdrawn the notice before that date,
any official or member of the trade union may within the period of thirty days beginning with that date appeal to the appropriate High Court against the proposed cancellation.
[1996 No. 26.1999 No. 1.]
(4) The Registrar shall not cancel the registration of a trade union under this section before the expiration of the period of thirty days beginning with the date specified in the notice under subsection (2) of this section; and if an appeal against the proposed cancellation is brought during that period, he shall not cancel the registration unless the appeal is abandoned or the proposed cancellation is confirmed on the final determination of the appeal.
(5) A trade union whose registration is cancelled under this section shall, as from the date of the cancellation, cease to enjoy the privileges conferred by this Act on trade unions; but any liability incurred by the union before that date shall not be affected by the cancellation and may be enforced against the union on or after that date as if the cancellation had not taken place.
(6) On cancelling the registration of a trade union under this section, the Registrar shall send to the address at which, immediately before the cancellation, the registered office of the union was situated, a notice in the prescribed form stating the date on which the registration was cancelled and the grounds for the cancellation, and shall also cause a notice to the like effect to be published in the Federal Gazette; and the original certificate of registration of the union shall be delivered to the Registrar not more than thirty days after the date of the cancellation.
(7) If a certificate which is required by subsection (6) of this section to be delivered to the Registrar is not delivered to the Registrar within the time prescribed by that subsection, every person who on the date of the cancellation was an official or member of the union shall be guilty of an offence against this Act.
(8)
The foregoing provisions of this section shall, with the necessary modifications, apply in relation to the registration of Federation of Trade Unions as they apply in relation to trade unions.
(9) Nothwithstanding anything to the contrary contained in this section, the minister may due to overriding public interest revoke the certificate of registeration of any trade union specified in Part A of the Third Schedule to this Act.
[1996 No. 26. Third Schedule.]
Cite this section
Section 7, TRADE UNIONS ACT (1973).
https://repo.podus.ai/laws/trade-unions-act/section/7/