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VOLUME: X
TRADE UNIONS AND EMPLOYERS039 ORGANIZATIONS
CHAPTER: 48:01
Part:XIV Offences and Penalties ss 5759
57.     Penalty for misuse of money or other property

            (1) Where, on complaint made by a member of a registered trade union or employers' organization or by an officer or member of a trade union belonging to a registered federation of trade unions or by the Registrar, it is shown to the satisfaction of a court of a Magistrate Grade I or over that any person-

     (a)     has in his possession or control any property of the trade union, federation of trade unions or employers' organization otherwise than in accordance with its constitution; or

     (b)     has unlawfully expended or withheld any money of the trade union, federation of trade unions or employers' organization,

the court may, if it considers that the justice of the case so requires, order that person to deliver all such property or pay the money so unlawfully expended or withheld to the trustees of the trade union or federation of trade unions or of the employers' organization, if such exist, or, if such do not exist, to the executive committee of the employers' organization.

            (2) A complaint under subsection (1), not being 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 trade union or employers' organization or an officer or member of a trade union that belongs or belonged, on that date, to the federation of trade unions, in respect of whose money or other property the complaint is made.

            (3) Any person to whom an order under subsection (1) is addressed who fails to comply therewith, within such time as shall be specified therein, shall be guilty of an offence and liable to a fine not exceeding P100.

58.     Penalty for false entries in documents

            Any person who makes or causes to be made any entry in a document required by or for the purposes of this Act that he knows to be false or does not believe to be true in a material particular or omits or causes to be omitted from any such document any fact which he knows or suspects to be a material fact shall be guilty of an offence and liable, unless some other punishment is prescribed therefor, to a fine not exceeding P1 000 or to imprisonment for a term not exceeding two years, or to both.

59.     Limitation of prosecutions

            No prosecution shall be instituted for an offence under section 53 or 54 or for an offence of attempting or conspiring with another person to commit such an offence unless the prosecution is instituted by or at the instance of or with the consent in writing of the Director of Public Prosecutions:

            Provided that a person may be arrested for and charged with any such offence and remanded in custody or on bail notwithstanding that the consent of the Director of Public Prosecutions to the institution of a prosecution for the offence has not been obtained; but no further or other proceedings shall be taken unless that consent has been obtained.