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 Statutory Rules and Orders no....
 Ordinance no. 12 of 1952






Group Title: Official gazette, Dominica.
Title: Official gazette - Dominica
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Permanent Link: http://ufdc.ufl.edu/UF00076862/00179
 Material Information
Title: Official gazette - Dominica
Physical Description: v. : ; 31 cm.
Language: English
Creator: Dominica
Publisher: s.n.
Place of Publication: Roseau
Frequency: weekly
regular
 Subjects
Subject: Politics and government -- Dominica   ( lcsh )
Genre: periodical   ( marcgt )
 Notes
Dates or Sequential Designation: v. 1- April 5, 1865-
 Record Information
Bibliographic ID: UF00076862
Volume ID: VID00179
Source Institution: University of Florida
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: aleph - 000976222
oclc - 01670671
notis - AEV1925

Table of Contents
    Main
        Page 350
        Page 351
        Page 352
        Page 353
        Page 354
        Page 355
    Statutory Rules and Orders no. 31 of 1952 (substitution)
        Page A-54
    Ordinance no. 12 of 1952
        Page B-17
        Page B-18
        Page B-19
        Page B-20
        Page B-21
        Page B-22
        Page B-23
        Page B-24
        Page B-25
        Page B-26
        Page B-27
        Page B-28
Full Text
3 -
















Dominica.


Official Gazette.
..>-


VOL. LXXV ROSEAU, WEDNESDAY, OCTOBER 29, 1952. No. 56

Government Notices.

No. 170
REPOSSESSION OF ALIENATED CROWN LANDS

IN the Supreme Court of the Windward Islands and Leeward
Islands Dominica Circuit.
IN the Matter of the Forest, Soil and Water Conservation
Ordinance, 194&
And
IN the Matter of the Title to the Stenehill Hstate situate in the
Parish of St, Joseph in the Colony of Dominica.
ELIZABETH II. By the Grace of God of Great Britain, Ireland, and the British
Dominions beyond the Seas Queen, Defender of the Faith.
To all persons claiming an interest in the lands and tenements hereinafter described.
WHEREAS it has been made to appear to Us that the Stonehill Estate situate
in the Parish of St. Joseph in the Island of Dominica, containing 200 acres 1 rood is
unoccupied since 1914, and there is no person having title thereto, whereby the
said parcel of land ought to be vested in Us, that proceedings will be taken to
have the said parcel of land vested in Us at a sitting of the Supreme Court to be
holden at Roseau in the Colony of Dominica in the month of Apr:l, 1963.
All persons claiming an interest in such land, shall within one week from the
date of the last publication of this summons in the (asette (such summons shall be
published during a period of six months) file an appearance, either in person, or by
Solicitor in the office of the Registrar, and shall, within one month from the date of
such appearance, lodge in the said office a written claim containing a statement
of the reasons on which the same is founded: and you are hereby further warned
that if you fail to appear at the said Court to be holden as aforesaid the said pro-
ceedings will be heard and taken without you.
IN WITNESS WHERBEF, We have caused the Seal of Our said Court to be
hereunto affixed, at Roseau, this 12th day of July, 1952.

SActing Registrar

D 7/6 L20.
624/50.










OFFICIAL GAZETTE, WEDNESDAY, OCTOBER 29, 1952


No. 271
U.K./WEST INDIES WORKING
PARTY ON CANADA WEST
INDIES TRADE

THE United Kingdom / West Indies
Working Party on Canada/ West Indies
Trade held its final meeting in the Colonial
Office on September 12th, 1952.
The Working Party has provided an
invaluable opportunity for joint discussion
between representatives of the West In
dian Governments and of the Departments
in London on all aspects of trade between
the West Indies and Canada.
The Working Party reaffirmed the im-
portance of maintaining trade between
Canada and the West Indies at the high-
est possible level consistent with the need
to safeguard the present difficult balance
of payments position of the sterling areas.
All aspects of the trade were examined by
the Working Party with a view to seeing
whether it was practicable, having regard
to present circumstances, to remove any
obstacles which might be impeding the
free flow of trade.
The Working Party noted with regret
the decision of the Canadian National
Steamships Company to withdraw the
"Lady" boats which have served the many
islands of the Eastern Caribbean so well
in the past. Further study is to be made
of inter-island shipping. It is of consider-
able economic importance in this area,
particularly to the smaller islands that
there should be adequate services between
the islands.
The West Indies look upon Canada as
the traditional market for much of its
most important product, sugar, and the
Working Party expressed the hope that
the decision recorded in the Common-
wealth .Sugar Agreement to return the
sale of West Indian and ether Common-
wealth Sugar to Canada to private hands
from the beginning of 1953 would help to
ensure the maintenance of the sales of
West Indian sugar to Canada. at a high
and stable level.
The report of the Working Party is new
to be studied by Her Majesty's Govern.
meat and the West Indian Gevernments.
C. 87/51
22nd October, 1952.



No. 272
TRANSFERS
ST. BERNARD, E. L., Magistrate District
E transferred to British Hoaduras
as Crown Council.
C, 107/52.
22nd October, 1952.


No. 273
TREATY OF PEACE WITH
JAPAN

IN exercise of the powers conferred on
them by the Japanese Treaty of Peace
Order, 1952, and of all other powers enahl
ingthem ii that behalf, the Board of Trade
hereby direct the release from the provis-
ions of that Order of the property, rights
and interests situate on the 28th day of
April, 1952, within the United Kingdom
and then belonging to or held or managed
on behalf of any individual of Japanese
nationality continuously resident from the
7th day of December, 1941, to the 28th
day of April, 1952, in territory which has
at no time been enemy territory as defined
by the Trading with the Enemy Act, 1939,
ether than property, rights or interests
which .have at any time been subject to
an Order made dy the loard of Trade
under Section 7 of the Trading with the
Enemy Act. 1939.
Dated this 2Sth day of June, 1952.
(Signed) R. H. King.
An Assistant Secretary of the Board of
Trade.
829/52
23rd October, 1952.

No. 274
BRITISH PRO "ERTY RIGHTS
AND INTERESTS IN JAPAN

BRITIAH owners of property in Japan
are informed that provision is made in the
Treaty of Peace with Japan for the return
to its owners of the property of each
Allied Power ani its nationals which was
in Japan at any time between December
7, 1941 and September 2, 1945. Where
property has not yet been returned or
where the owner has not yet accepted the
return of his property application for its
return most be made to the Japanese Gov-
ernment within nine months of the date
of coming into force of the Treaty, that is
before January 28, 1953,
The Treaty also provides for compensa-
tion in respect of loss of or damage to
Allied Powers' property which was within
Japan on December 7, 1941 To give
effect to this.provision of the Treaty, the
Japanese Government have promulgated
a special law, the Allied Powers Property
Compensation Law. Under this law pro-
perty owners, must, of they have not
already done so, make application, within
nine months of the coming into force of
the Treaty, for the return of their pro-
perty, which would entail the acceptance
of any-damaged property which is return-
able in its present state, if they wish to
make a claim for compensation for loss or
damage. -Claims for compensation must
be lodged with the Japanese Government
within eighteen months of the coming
into force of the Peace Treaty, i. e, before
October 28, 1953.
It has been arranged that application
for return of property and compensation
claims are to be made to the Japanese
Government through the Government of













OFFICIAL GAZETTE, WEDNESDAY, OCTOBER 39, 1952


each Allied Power. Her Majesty's Govern-
ment are, therefore, making arrange-
ments for the presentation of applications
for return and of compensation claims of
British subjects.
Property which may he the subject of a
claim includes movable and inirovable
property, bank balances or debts when
have been paid into the Special Frcperty
Administration Acconnt in the Bank of
Japan but does not include monetary
credits or debts which have not been
so paid.
British subjects in the United Kinadom
who have registered interests in Japan
will the description above with the Ad-
ministration of Enemy Propei ty Depart-
ment formerlyy the' T'rading with the
Enemy department ) will shortly receive
advice on the matter from that Depart-
mel t.,
lritish subjects who have vot registered
such interests in Jaran with the Depart-
went. shliu d apply at once for advice to
the Contrillerr generall Administration of
Encriy Property [epart meant, L.acon
House. llTheobalds Rwad. londoion W C. 1.

2:;iii October. 1! 52.

No 275
LEAVE
ROYER, Miss I'ATRICIA, Third (lass Clerk,
Public Woiks Department, vacation
leave from 6th October to 21st
October, 1952 inclusive and special
leavr from 22nd October to5th Nov-
-ember. 1952. inclusive.
23rd October, 1952,

No. 27(;
THIE following Statutory Rules and
Orders is circulated with and forms part
of this Gaz,'lc: -
No. :1 of 1952. A Proclamation
(This is in substitution for Gazette
Notice No. ':GS of the 20th October. 1952).
111(;/52.
24th October, 1952.

No 277
REMEMBRANCE DAY
SUNDAY, NOVEMBER 9TH. 1952.
THE Official commemoration of Remem-
brance day will take place at the War
Memorial at the War Momorial. Victoria
Street, Roseau, on Sunday, November
9th, 1952, beginning at 10.55 n.m.
2. The form of the Ceremony will be as
follows :-
1. His Honour will arrive at the War
Memorial at 10.58 a.m
2. Two minutes silence 11 00 a.m.
11 02 a.m.
3. The Last Post and "Reveille"
4. Hymn The Supreme Sacrifice "
by SIR JOHN ARKWIt(;wHTr-(to the
accompaniment of the Band of
the Dominica Music Lovers'
Society).
5. Laying of Wreaths.
6. National Anthem.


3. It is hoped that as many as possible
of those who served in her Majesty's
Forces and in the Nursing Services during
the wars of 1914-1918 and 19;:9 19,15
will be present at the Ceremony. War
1Medals andi Drcorations should Le worn
with civilinii dress by all ex-officers, ex-
service men a(no women and, members
of the Nursing Service Medals held by
relatives of deceased men may be worn by
such relatives on the right breast.i
4. It is also houed that the Boy Scouts
and Girl Guides will be present.
5 Members of councils Heads of
Religious Denominations, Heads of Gov-
ernments and thuir staff, Consular )lli-
cers, Members of the Roseau Town Coun-
cil, Managers of the Banks and the
general Public are invited to attend the
Ceremony at the War Memorial and to be
in their places punctually at 10.55 a.m.
All persons are requ-sted to observe the
two minutes silence at 11 00 a.m. and all
vehicular traffic and normal activities
should bIe suspended during the silence.
For the purposes of the Ceremony and the
silence to be observed at the War Memo-
iial. time will be taken by the (Catlhe(ral
'clock.
71'/52.
2,thi October 1952.

No 27'
ASSENT TO ORDINANCES
THE undei mentioned Ordinance which
has been assented to by His Excellency
the Gove, nor is published with and forms
part of this issue of the Gauztte : -
No. 12 of 1:)52. Trade Unions and Trade
l)Uspiuts Ordinance, 1i,52.
Ref. t. ;i/41.
27th October, 1j52.
No. 279
ACTING APPOINTMENT
MCINTYRE, Miss YIOLANDU, Third Class
Clerk, Supply Office appointed to act
Second Class Clerk, -upply O(nire.
1st October, 1952.
1P. F. 446
No. 28b
APPOINTMENTS
WVITI reference to Gazette Notice No.
229 oif 6 9 r:'.. Mr. G. A GcANTr arrived
in tlie Coluny on 2nd October. ain as-sunied
the dues of Director of Works. Dominica.-
ROYEI, Miss PATRICIA, appointed Thlid
Class Clerk, Public Works Depai t-
nif i;t.
1st. October, 1952.
BY COMMAND ,
VIC 'OR C. JOSSE.
Gover, menit Sfcretary.

Departmental and other
Notices

VACANT POST
Temporary Post of Construction
Foreman, Public Works Department,
Dominica
APPLICATIONS are invited for appoi:t-
rnent on contract to the temporary post
of Construction Foreman, Public Works
Department, Dominica, H.W,I,










OFFICIAL GAZETTE, WEDNESDAY, OCTOBER 29, 1952


Applicants should have experience as
Construction Foreman in Public Works
Departments or with reputable firms of
contractors on building, bridge and other
construction projects involving the use of
masonry, reinforced concrete, steel and
timber, and must be competent in the
reading of working drawings and blue-
prints, in the setting-out of work on site,
and in the handling of skilled and unskilled
labour.
The salary of the temporary post will be
at the rate of $2,4(-0 per annum plus
a temporary Cost of Living Allowance
of ~05, of salary. Field subsistence allow-
ances will be paid at current rates in
accordance with local regulations. The
Public Works Department will furnish
transport. Housing is not provided.
Appointment will be on contract for
three (3) years in the first instance.
Applications stating qualifications and
giving particulars of experience should be
addressed to the Establishment Officer,
Government Office, Roreau, Dominica,
B W I. and should reach that address not
later than the 28th November, 1952.
Applications from members of the Gov-
ernment Service of any Colony slioui:l be
transmitted through the Officer Adminis-
tering the Government of that Colony.

CONFERENCE OF COLONIAL
HIDES AND SKINS
A CONFERENCE on Colonial Hides and
Skins will be held in the Hoare Memorial
Hall, The Church House, Great Smith
Street, S W. 1. on Tuesday, Wednesday
and Thursday of next week (September,
16. 17 and 18). It will be opened by the
Earl of Munster, Parliamentary Under
-Secretary of State for the colonies ,
and will be attended by about 80 dele-
gates from the Clonial Veterinary Ser-
vices and from associations connected
with the United Kingdom.
The Conference will discuss improve-
ments in the quality and methods of
marketing of Colonial hides and skins in
the light of problems with which produ-
cers and exporters are faced and will pro-
vide an opportunity for an interchange of
ideas and information between trade or-
ganizations in the United Kingdom and
Europe which are interested in Colon al
products and those concerned with the
preparation and marketing of hides and
skins in Colonial territories.
Meetings of the conference will be pre-
sided over by Mr. C. G. EASTWOOD, an
Assistant Under-Secretary of State, Colo-
nial Office.
----.t----~--
SECOND COLONIAL CIVIL
AVIATION CONFERENCE
THE second Colonial Civil Aviation Con-
ference which was opened by the Rt. Hon.
The Earl of Munster. Parliamentary
Under Secretary of State for the Colonies,
on September 8 ended on September 13.
Discussion between representatives from
the Colonial territories and the United
Kingdom covered a wide field of mutual
interests. Action necessary to maintain
the future development of the network of
B itish and Colonial air services in a safe,
orderly and economic manner was fully
discussed.


Other matters of common concern, in-
cluding the future exchange of information
between the United Kidgdom and the
Colonies, and problems concerning the
recruitment and training of civil aviation
personnel also figured in the discussions.
Experience gained since the 1951
London Jet Conference as regards the
operation of jet aircraft was reviewed.
The Conference also considered the special
requirements of the Colonial territories
in the matter of the supply of aircraft,
and it was agreed that a further ('Confer-
ence should he arranged as soon as practi-
cable, at which operators of aircraft in
the Colonies would have an opportunity
of discussing wiLh representatives of the
manufacturers in this country how the
requirements of the Colonies could best be
met by the Briti.-h Aircraft Industry.
There was also some discussion of the
measures that could be taken to minimize
the nuisance caused by noise from aircraft.
Colonial Office Information
Department
September 13th, 1952.

POST OFFICE NOTICE
INLAND--COSTAL SERVICE
WIT1t reference to Post Offie Notice of
27th June, 1952, it is notified for geer;eral
information that the Mail Launch will
continue to leave Portsmouth forr 1o-enu
on Friday instead of Thursdays until the
7th Novenber, 1952.
A D BOYD.
Colonial Postmaster.
GENERAL POST OFFICE.
DoMINICA.
20TH OCTUBEI:, 1952.

NOTICE

OPENING OF NEW POLICE
STATION
IT is notified for general information
that a Police Station will be opened at
Calibishie on 1st November. 1952.
RIOBERT de la C. OZANNE,
5 u/pei te'(deit of Police.

POEMS ETC. FOR
BROADCASTING.

I AM informed by the British Coun-
cil that the Jamaica Broadcasting
Company would be pleased to receive
for consideration poems etc for broad-
casting from local authors.
The following is the table of fees
pa:> able for poems etc. if accepted and
used:
For poems up to 24 lines $2.52
For poems over 24 lines $5 04
For short Stories $10.08
For Radio Plays $10 08
For Essays on Articles
$5.04 to $10.08
(according to length)
(Sgd) J. HAMILTON MAURICE,
Education Odicer.











OFFICIAL GAZETTE, WEDNESDAY, OCTOBER 29, 1952.


DOMINICA BANANA
ASSOCIATION
UNDER Section 15 (3) of the Dominica
Banana Ordinance, No. 2 of 1934. it is
hereby notified for general information
that Mr W. F. HARRISON, has tendered
his resignation as an elected member of
the Board with effect from the 4th Novem-
ber 1952.
STAFFORD SHILLING FORD,
Secretary.

IN accordance with Section 3 (A) of
S R Ne. 16 of 1989, all members are
invited to attend a Special General Meet-
ing of the Dominica Banana Association to
be held at the Imray Schoolroom at 10 80
a in. on Wednesday. 12th November 1952.
STAFFORD SIIILLINGFORD,
Secretary.
AGENDA
Election of a member to serve on the
Board of M'anagement for the period end.
ing March 31st 195:, due to the vacancy
cr, ated by Mr W F HAARISON'S resigna-
tion


NOTICE

(1ST PUBLIC A TION)
APPTICATION having been made by the
persons named for the purchase of portions
of Crown Land in the Parishes shown
below, the said lands will be sold by
Public Auction at the Forest Oltice.
Rosfau, on the 20th day of December
1952 at and after 11.00 a in
Any persons laying claim to, or wishing
to bid for any Crown Lands must give
notice in writing to the Chief Forest
Officer by the 24th day of November 1952.
Parish of St. George :
Applicant Colonial Development
Ctorpcation for 0.308 Acres.
Laid bounded as follows : -
No th : By Land of J. Matthew &
Charles Rolle
South : By Land of Howard Rolle
East: By Crown Lands
West :
Pa ish of St. Joseph :
Applicarnt Carnation Felix of
St Joseph for 5.16 Acres
Land bounded as follows :--
North East: By Crown Lands
South East :
North West: By Lands of Luke
Joseph
South West: By Crown Lands
Applicant Ogiste Christopher of
Macoucherie for 6 25 acres.
Land bounded as follows : -
North : By Crown Lands
South: By Land of Wyllie Sor-
haindo
East : By Land of Ogiste Christo-
pher
West: By Crown Lands
Applicant Syperine Sylvester of St.
Joseph for 4 26 acres.
Land bounded as follows : -
North : By Crown Lands
South :
East :
Wst : ,,


Applicat Orline Pierre of St.
Joseph for 16.06 acres.
Land bounded as fol-
lows : -
North West : By Zocata River
South West: By Crown Lands
North East: ,,
South East:
Applicant Wyllie Surhaindo of St.
Joseph for 5 8 acres.
Land bounded as follows : -
North East : By Lands of Clement
Ferriera
South-West: By Lands of Ogiste
Christopher.
South East : By Crown Lands
North West : 13y Lands of Ogiste
Christopher
Parish of St David
Applicant Fed Atoine of Cas-
tle Bruce for 11 M8 acres.
Land bounded as follows :
North East: By Crown Lands
South East :
North Wvst:
South West : By La Riviere L'ore
PIarih of St. Andrew
A pplicart Hellamie S i ill o n
D)urand of Attinson for 17.2 acres.
Land bounded as follows:
North: By Lands of Mecchiour
(;ifo res
South : By C own Lands
East: Hy Lands of George
ltiviere
West: By Crown Lands
App'ica.t Luther Walton Uoland of
Marigot for 4 83 acres.
Land bounded as follows:-
Not th : B. Crown Lands

Haest :

Apo'ica it Siemington Lewis of
Marigot for 4 16 acrvs.
Land bounded as follows :-
North: By Crown Lands
South: ,,
East :
Vvest ,,
Patiish of St. Paul :
Applicant WilliamF lorant of Camp-
bell for 5 7 acres.
Land bounded as follows :
North: By Crown Lands
South
East: ,,
West: ,,


DOMINICA B.W.I.
CONTROL NOTICE
GIFT PARCELS
ATTENTION is drawn to the fact that
bona fide unsolicited gifts only net exceed
inag $65.00 (B.W.I. Currency) are permit-
ted to be imported without an import
licence provided that such gifts are not
intended for sale or exchange or for use
in any commercial undertaking.
Gifts arriving in the Colony without
an imported licence h ving first been
obtained, in excess of a vaiue of t6i5.0J
(B,W.I Currency) are liable to confisca-
tion.











WEDNESBAY, OCTOBERR 29, 1952.


Liceneer' will not ordinarily be granted
for the importation of gifts in excess of a
value of $86.8 (B W.I. Currency). The
only exception that may be made is in the
ease of gifts sent to religious, charitable
or educational institutions.
E.0 D. CHARLES,
Acting Controller of Suaplas.
746/52.
SUPPLY OFFICE,
BOMINICA.
10th October. 1952.




FORM A"
APPLICATION FOR REGISTRATION
10OMINISA
The Registration of United Kingdom
Trade Marks Ordinance, 1946.


THE HOPLEAF
Application is hereby made for the
Registration, in the Register, of the
United Kingdom Trade Marks Nes, 218848
(a) and (b) registered on the 28th day of
November, 1940, and for the issue to
Messrs. H. & G SIMONDS, Ltd., England,
of a Certificate of Registration in the
Colony of Dominica for the said trade
mark.
Dated the 29th day of September, 1952.
G. A, JAMES,
Signature of Applicant or Agent.
To the Registrar of Trade Marks,
DOMINICA


D1MINICA
Printed at theSBO LLBTIN OFFIcml o.ftean,t-By Aubhorltyl


OiF,81IAL GAWKdbBE,











1952 BANK HOLIDAY SRO 31 A 54




DOMINICA


STATUTORY RULES AND ORDERS NO
BANK HOLIDAY


31 OF 1952.


PROCLAMATION APPOINTING M )NDAY THE THIRD DAY OF NOVEM-
BER, 1952, TO BE A BANK HOLIDAY.
BY THE GOVERNOR,
A PROCLAMATION
H. LINDO,
Administrator.
(Gazetted 20th October, 19F2 )
WHEREAS under t'e provisions of the Bank Holiday Act,
(Cap. 114) it is enacted that the Governor may from time to time
wlii tihe advice of the Executive Council issue a Proclamation
appointing a special day to be reserved as a a Bank Holiday;
AND WHEREAS it is desirable that Monday, the Third day
of November, 1952, should be observed as a Bank Holiday in the
NOW, THERiFORE, I do hereby, by and with the advice
of the Executive Conncil of the Colony of Dominica and in the
exerci e of the powers conferred on me by the Act aforesaid and
of all other powers and authorities me thereunto enabling, ap.
point Monday, the third day of November, 1952, as a special day
to be rese, ved and kept as a Bank Holiday throughout the Colony,
and I do by this Proclamation command all Her Majesty's loving
subjects in the Colony to order themselves accordingly,
GIVEN at the Government House, Lominica this 1bth day
of October, 1952, and in the first year of Her
Majesty's Reign.
GOD SAVE THE QUEEN.
116. 52.
DOMINICA
Printed at the Bulletin Office, Roseau, by Authority.
(Priee Id.)






Trade Unions and Trade Disputes


DOMINICA


ORDINANCE NO. 12 OF 1952.


I L.S I Assent

15th September, 1952


R. D. H. ARUNDELL,
Governor.


AN ORDINANCE TO AMEND AND CONSOLIDATE THE
LAW RELATING TO TRADE UNIONS AND TRADE
DISPUTES.

(Gazetted 2th October, 1952..)

BE IT ENACTED by the Legislature of Dominica, as
follows:-
1. This Ordinance may be cited as the
TRADE UNIONS AND TRADE DISPUTES ORDINANCE, short title.
1952

PART I.


2. In this Ordinance, unless the context otherwise
requires-
"prescribed" means prescribed by regulations;
"registered" means registered under this Ordinance;
"Registrar" means the Registrar of Trade Unions;
"trade union" means any combination whether
temporary or permanent, the principal purposes of
which are under its constitution the regulation of the
relations between workmen and masters, or between
workmen and workmen, or between masters and mas-
ters whether such combination would or would not if
this Ordinance had not been enacted, have been deem-


Interpretation.


1950


Ord. 12






Trade Unions and Trade Disputes


Trade unions
not criminal.




Trade unions
not unlawful
for ciTl
purpo-w.
Trade unions
prohibited from
carrying on
businees unlem
registered.






Regstrar of
trade unions.

Regstrstlon of
trade unlons


ed to have been an unlawful combination by reason of
some one or more of its purposes being in restraint of
trade:

Provided that nothing in this Ordinance-

(a) shall affect -

(1) any agreement between partners as to their
own business;
(2) any agreement between an employer and
those employed by him as to such employ-
ment;
(3) any agreement in consideration of the sale
of the goodwill of a business or of instruc-
tion in any profession, trade or handicraft;
or

(b) shall preclude any trade union from providing
benefits for its members.

3. The purposes of any trade union shall not, by
reason merely that they are in restraint of trade, be
deemed to be unlawful so as to render any member of
such trade union liable to criminal prosecution for con-
spiracy or otherwise.

4. The purposes of any trade union shall not, by
reason merely that they are in restraint of trade, be un-
lawful so as to render voidable any agreement or trust.

5. (1) No trade union or any member thereof shall
perform any act in furtherance of the purposes for which
it has been formed unless such trade union has first been
registered.

(2) Any trade union or any officer or member
thereof who contravenes the provisions of this section
shall be liable on summary conviction to a penalty not
exceeding one hundred and twenty dollars.

6. The Governor may appoint such person as he
may think fit to be the Registrar of Trade Unions.

7. Any seven or more members of a trade union
may by subscribing their names to the rules of the union
and otherwise complying with the provisions of this Or-
dinance with respect to registration, register such trade
union under this Ordinance:

Provided that if any one of the purposes of such
trade union be unlawful such registration shall be void.


1952


Orl. 12






1952. Trade Unions and Trade Disputes Ord. 12


8. (1)Every trade union shall be registered in ac- Compulacry
cordance with the provisions of this Ordinance or be dis- o
solved within three months of the date-
(a) of its formation, or

(b) of any notification by the Registrar that
he has refused under section 10 to regis-
ter the trade union, or

(c) of the commencement of this Ordinance
whichever is the later date.
(2) Every trade union which is not registered or
dissolved within the period prescribed in the preceding
sub-section and every officer thereof shall be liable on sum-
mary conviction to a penalty not exceeding twenty-four
dollars for every day it remains unregistered after the
expiration of such period.

9. With respect to the registry under this Ordin- Buil ia Begatr" .
ance of a trade union, and of the rules thereof, the fol-
lowing provisions shall apply:-
(1) An application to register the trade union
and its rules shall be sent to the Registrar
with copies of the rules and a list of the titles
and names of the officers of the trade union.

(2) The Registrar upon being satisfied that the
trade union has complied with the rules re-
specting registry in force under this Ordin-
ance shall, subject to the provisions of section
10 register the trade union and rules.

(3) No trade union shall be registered under a
name identical with that by which any other
existing trade union has been registered or
so nearly resembling such name as to be
likely to deceive the members or the public.
(4) The Registrar upon registering a trade union
shall issue a certificate of registration.

10. (1) If the Registrar is satisfied that-
(a) the applicants have not been duly author- Brs
ised to apply for registration; or
(b) the purposes of the trade union are unlaw-
ful; or





20


1952 Trade Unions and Trade Disputes Ord. 12


(c) the application is not in conformity with the
provisions of this Ordinance;
he may refuse registration.
(2) When the Registrar refuses to register a
trade union he shall forthwith inform the applicants in
writing of the grounds of his refusal.
(3) An appeal shall lie to the Supreme Court
from a refusal of the Registrar to register a trade union
and on such appeal the Supreme Court may make any
such order as it thinks proper, including any directions
as to the costs of the appeal. Any such order of the Su-
preme Court shall be final.
(4) The Supreme Court may make rules govern-
ing such appeals, providing for the method of giving
evidence, prescribing the time within which such appeals
shall be brought, the fees to be paid, the procedure
to be followed and the manner of notifying the Registrar
of the appeal.
(5) The Registrar shall be entitled to be heard
on any appeal.

Canellston 11. (1) It shall be lawful for the Registrar to cancel
the registration of any trade union-
(a) at the request of the trade union, to be evi-
denced in such manner as he may direct;
(b) on proof to his satisfaction that a certificate
of registration has been obtained by fraud
or mistake, or that such trade union has wil-
fully, and after notice from the Registrar,
violated any of the provisions of this Ordin-
ance or has ceased to exist.
(2) Not less than two months previous notice
specifying briefly the grounds of the proposed cancella-
tion, except where the trade union has ceased to exist
in which case notice of cancellation may be given forth-
with, shall be given by the Registrar to the trade union
before such cancellation is effected.
(3) An appeal from the decision of the Registrar
under this section shall lie to the Supreme Court subject
to the same conditions as are provided for an appeal
against the refusal of the Registrar to register a trade
union, and the Supreme Court may make rules providing
for the same matters for which rules may be made in
respect of such appeal. The decision of the Supreme
Court shall be final.







Trade Unions and Trade Disputes


12. (1) Every treasurer or other officer of a regis-
tered trade union at such times as by the rules thereof
he should render such accounts as hereinafter mentioned,
or having been required so to do, shall render to the mem-
bers thereof, at a meeting of the trade union, a just and
true account of all moneys received and paid by him since
he last rendered the like account, and of the balance then
remaining in his hands and of all bonds and securities
of such trade union.

(2) Such account shall be audited by some fit
and proper person or persons to be appointed by the Regis-
trar.

(3) Upon the account being audited the treas-
urer or other officer as the case may be shall, if thereupon
required, hand over to the trade union the balance which
on such audit appeared to be due from him and shall
also, if required, hand over to the trade union all securities
and effects, books, papers and property of the trade union
in his hands or custody.

(4) If the treasurer or other officer fails to hand
over such things and documents as in sub-section (3)
of this section required, the Committee of Management of
the trade union or any member of the trade union or the
Registrar may sue him for and on behalf of the
trade union in any Competent Court for the bal-
ance appearing to have been due from him upon the
account last rendered by him, and for all moneys since
received by him on account of such trade union and for
the securities and effects, books, papers and property in
his hands or custody, leaving him to set off in such action
the sums, if any, which he may have since paid on ac-
count of such trade uinon; and in any such action the
plaintiff shall be entitled to recover full costs of suit to
be taxed as between solicitor and client.
13. (1) The treasurer of every trade union (or such
other officer as is designated in that behalf by the rules of
the trade union) shall, on or before the first day of June
in every year, cause to be received by the Registrar-

(a) a statement in the prescribed form of the
revenue and expenditure of the trade union
during the year preceding the date of such
statement;

(b) a statement in the prescribed form of the
assets and liabilities of the trade union at the
date of the statement required by paragraph
(a) of this section;


oncers of
trade union
to account.


Statement of
accounts and audit
certificate. &c., to
be transmitted to
the Registrar.


NNWWN_


'1952


Ord. 12







795T Trade Unions and Trade Disputes Ord. 12


(c) an audit certificate in the prescribed form by
the person or persons appointed by the Regis-
trar to the effect that such statement of rev-
enue and expenditure and such statement of
assets and liabilities have each been audit-
ed by such person or persons, as the case may
be, who have checked all accounts, receipts,
vouchers and books of the trade union rela-
ting to transactions during the year in re-
spect of which the statements are made up,
and that such statements have been found
to be true and correct;
(d) a return in the prescribed form showing the
number of members of the trade union at the
date of such statement; and

(e) a return relating to the year immediately pre-
ceding the date of such statements, show-
ing-
(i) all new rules of the trade union and all
alterations to the existing rules made
during the period; and
(ii) all changes of officers of the trade union
during the period.

(2) In addition to the statements, certificates and
returns required by the provisions of subsection (i) of this
section, the Registrar may at any time by order in writing
require the treasurer or any other officer of a trade union
to deliver to him, by a date, to be specified in such order,
detailed accounts of the revenue, expenditure, assets,
liabilities and funds of the trade union in respect of any
period specified in such order, and any accounts so rend-
ered shall include such details and information, and be
supported by such documents, as the Registrar in any case
may require.
(3) Every member of a trade union shall be en-
titled to receive, on application to the treasurer or secre-
tary of the trade union, a copy of all or any of the state-
ments and accounts, and of the audit certificate, and re-
turns provided for by this section, without making any
payment therefore.
(4) Every trade union which, and every officer of
a trade union who, contravenes or fails to comply with
any of the provisions or requirements of subsection (1) of
this section, or of an order of the Registrar under subsec-






1952 Trade Unions and Trade Disputes Ord. 12


tion (2) of this section, and every treasurer and secretary
of a trade union who fails to comply with an application
made under subsection (3) of this section, shall be liable
on summary conviction to a penalty not exceeding twenty-
five dollars.

(5) Upon a conviction for any offence under the
provisions of subsection (4) of this section, the Magistrate
for the district in which the registered office of the trade
union is situate may order the offending trade union or
any specified officer thereof (whether or not such officer
has been convicted) to deliver to the Registrar by a speci-
fied date (which shall not be later than fourteen days
from the date of the order)--

(a) all or any of the statements, certificates, and
returns referred to in subsection (1) of this
section, in cases where the conviction relates
to an offence in respect of the provisions of
such subsection;
(b) all or any of the accounts, including such de-
tails, information and documents referred to
in any order made by the Registrar under
subsection (2) of this section, in cases where
the conviction relates to an offence in respect
of a failure to comply with any such order,
and any trade union which, and any officer of
a trade union who, fails to comply with such
order, shall in respect of such failure be liable
on summary conviction to a penalty not
exceeding ten dollars in respect of each day
or part of a day during which such failure
shall have continued.
(6) Any person who wilfully makes or causes to
be made any false entry in, or any omission from any of
the statements, accounts, certificates or returns required
by this section, shall be liable on summary conviction to
a penalty not exceeding two hundred and forty dollars.
14. With respect to the rules of a registered trade Ruies of
union, the following provisions shall have effect:-- retenion.
(1) The rules of every such trade union shall
contain provisions in respect of the several
matters mentioned in the Schedule.

(2) A copy of the rules shall be delivered by the
trade union to every person on demand on
payment of a sum not exceeding twenty-
four cents.





24


1952 Trade Unions and Trade Disputes Ord. 12


Mteration of 15. (1) Every alteration of the rules of a registered
rules of
trade unions. trade union shall be registered with the Registrar and
shall take effect from the date of registration unless some
later date is specified in the rules.

(2) The rules of a registered trade union shall
not be altered so that they cease to contain provisions
in respect of the several matters in the Schedule.

lovernr In 16. The Governor in Council may make rules
council respecting registry under this Ordinance and in particu-
lar, but without prejudice to the generality of the fore-
going power, with respect to-

(a) the seal, if any, to be used by the Registrar
for the purpose of registration under this
Ordinance;
(b) the forms to be used for such registry and
any other forms which may be prescribed
under this Ordinance;

(c) the inspection of registers and documents
kept by the Registrar -and the making of
copies of any entries therein;
(d) the fees to be charged for registration and
inspection and any other service or matter
prescribed or permitted by this Ordinance;
and

(e) generally for carrying this part of this Ordin-
ance into effect.

PART II.
Definitions 17. In this part-

"to intimidate" means to use violence or threats of
violence such as would justify the offender being
bound over to keep the peace;

"trade dispute" means any dispute between em-
ployers and workmen, or between workmen and
workmen, which is connected with the employment
or non-employment, or with the terms of the employ-
ment, or with the conditions of labour, of any person;

"workmen" means all persons employed in trade or
industry, whether or not in the employment of the
employer with whom a trade dispute arises.







Trade Unions and Trade Disputes


18. (1) An action against a trade union, whether
of workmen or masters, or against any members or offi-
cials thereof on behalf of themselves and all other mem-
bers of the trade union in respect of any tortious act
alleged to have been committed by or on behalf of the
trade union shall not be entertained by any Court.

(2) Nothing in this section shall affect the lia-
bility of a trade union or any official thereof to be sued
in any Court touching or concerning the property or
rights of a trade union, except in respect of any tortious
act committed by or on behalf of the trade union in con-
templation or in furtherance of a trade dispute.

19. (1) An agreement or combination of two or
more persons to do or procure to be done any act in con-
templation or furtherance of a trade dispute shall not
be triable as a conspiracy if such act 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, if done in
contemplation or furtherance of a trade dispute, not be
actionable unless the act, if done without any such agree-
ment 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 law in force in the
Colony.

(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 State or the Sov-
ereign.

(5) A crime for the purposes of this section
means an offence for the commission of which the of-
fender is liable to imprisonment either absolutely or at
the discretion of the Court as an alternative for some
other punishment.

(6) Where a person is convicted of any such
agreement or combination as aforesaid to do or procure
to be done an act which is punishable on summary con-
viction, and is sentenced to imprisonment, the imprison-
ment shall not exceed three months, or such longer time,
if any, as may have been prescribed by the law for the
punishment of the said act when committed by one per-
son.


Immunity of
trade unions
from actions
of tort.


Conspiracy in
relation to
trade disputes.


1952


Ord. 12






Trade Unions and Trade Dispates


Removal of
liabiltiy for
interfering with
another person'
business.




Intimidation or
annoyance.


Peaceful
picketing and
prevention of
intimidation.








Repeal
No. 20 of 1940.
No. 23 of 1940.
No. 4 of 1943.


20. An act done by a person in contemplation or
furtherance of a trade dispute shall not be actionable on
the ground only that it induces some other person to
break a contract of employment or that it is an inter-
ference with the trade, business, or employment of some
other person, or with the right of some other to dispose of
his capital or his labour as he wills.
21. Every person who, with a view to compel any
other person to abstain from doing or to do any act
which such other person has a legal right to do or abstain
from doing, wrongfully and without legal authority-
(a) uses violence to, or intimidates, such other
person or his wife or children, or injures his
property; or
(b) persistently follows such other person about
from place to place; or
(c) hides any tools, clothes, or other property
owned or used by such other person, or de-
prives him of, or hinders him in, the use
thereof; or
(d) watches or besets the house or other place
where such other person resides or works
or carries on business or happens to be, or
the approach to such house or place; or
(e) follows such other person with two or more
other persons in a disorderly manner in or
through any streets or road,
shall be liable on summary conviction to a penalty not
exceeding ninety-six dollars or to imprisonment with or
without hard labour for a term not exceeding three
months.
22. Notwithstanding anything contained in this
Ordinance, it shall be lawful for one or more persons
acting on their own behalf or on behalf of a 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 a person resides or works or car-
ries on business or happens to be, if they so attend merely
for the purpose of peacefully obtaining or communicating
information or of peacefully persuading any person to
work or abstain from working.

23. The following Ordinances are hereby repealed:-
The Trade Unions Ordinance, 1940;
The Trade Unions (Amendment) Ordinance, 1940;
The Trade Unions (Amendment) Ordinance, 1943;


26


1952


Ord. 12







1952 Trade Unions and Trade Disputes Ord. 12



Provided that all rules, regulations or orders made
or given under the Ordinances hereby repealed and in
force at the time of coming into operation of this Ordin-
ance shall be deemed to have been made and given under
this Ordinance and shall continue in force until other
provision shall be made by virtue of this Ordinance.

Passed this 29th day of July, 1952.


W. O. SEVERIN,
Clerk of the Legislative Council

C61/41






1952 Trade Unions and Trade Disputes Ord. 12



(Section 14).
THE SCHEDULE.

1. The name of the trade union.

2. The whole of the objects for which the trade
union is to be established, the purposes for which the
funds thereof shall be applicable, and the conditions un-
der which any member may become entitled to any bene-
fit assured thereby and the fines and forfeitures to be
imposed on any member of the trade union.

3. The manner of making, altering, amending and
rescinding rules.

4. A provision for the appointment and removal of
a general committee of management, of a treasurer and
other officers.

5. A provision for the keeping of full and accurate
accounts by the treasurer.

6. A provision for the investment of the funds or
their deposits in a bank and for an annual or periodical
audit of accounts.

7. The inspection of the books and names of mem-
bers of the trade union by every person having an inter-
est in the funds of the trade union.

8. The manner of dissolving the trade union.


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