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-
in his possession or control any property of the trade union, federation of
trade unions or employers' organization otherwise than in accordance with its
unlawfully expended or withheld any money of the trade union, federation of
trade unions or employers' organization,
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
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.