Cap. 452 Art. 55Refusal or cancellation of registration. Cap. 12.

(1) If the Registrar is satisfied that -

(a) the applicants for registration have not been duly authorised to apply for registration; or

(b) any of the purposes of the trade union or employers’ association is unlawful; or

(c) the application for registration or the rules of the union or association are not in conformity with the provisions of this Act, he shall refuse registration.

(2) It shall be lawful for the Registrar to cancel the registration of any trade union or employers’ association -

(a) at the request of the union or association, to be evidenced in such manner as he may require;

(b) on proof to his satisfaction that a certificate of registration has been obtained by fraud or mistake, or that the registration was void, or that the union or association has wilfully contravened any of the provisions of this Act;

(c) if, for any reason, the rules of the union or association are not in conformity with the provisions of this Act;

(d) if he is satisfied that the union or association has ceased to exist;

(e) if he is satisfied that the membership of the union or association has been reduced to less than seven members calculated as provided in article 53(2).

(3) Where the Registrar refuses to register a trade union or an employers’ association, he shall forthwith inform the applicants in writing of the refusal and of the grounds thereof.

(4) Where the Registrar proposes to cancel the registration of a trade union or of an employers’ association, he shall give notice of the proposed cancellation to the union or association specifying the reason therefor; and the registration shall not be cancelled before the expiration of two months from the giving of such notice, nor shall the registration be cancelled if, prior to the cancellation, the union or association has remedied any default or otherwise taken steps to avoid cancellation. If notwithstanding any representations made, or other steps taken, by the union or association, the Registrar decides that he ought to cancel the registration, he shall inform the union or association in writing of his decision: Provided that, where the union or association has ceased to exist, the Registrar may cancel the registration without complying with any of the provisions of this sub-article and give notice of the cancellation in the Gazette.

(5) From any refusal by the Registrar to register a trade union or an employers’ association and from any decision by him to cancel any such registration, an appeal shall lie to the Court of Appeal by application made not later than seven days from the communication by him of his refusal or decision as required by this article. On any such appeal the court may make such orders as it may deem proper, including a direction as to the costs of appeal; and any such order of the court shall be final.

(6) The board established under article 29 of the Code of Organization and Civil Procedure may make rules governing such appeals, providing for the method of giving evidence, prescribing the procedure to be followed, the manner of notifying the Registrar of the appeal and generally providing for such other matter as the court may deem necessary or expedient.

(7) The Minister responsible for justice may by regulations under this sub-article establish the fees payable in the registry of the court for the filing of judicial acts in connection with appeals under this article:

Provided that until such fees are so established by the Minister, the fees established in Schedule A to the Code of Organization and Civil Procedure shall apply.

(8) The Registrar shall be entitled to be heard on any such appeal and shall be given the opportunity to do so.