CHAPTER 244
TRADE UNIONS ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title.

   2.   Interpretation.

PART II
APPOINTMENT OF REGISTRAR AND OTHER OFFICERS

   3.   Appointment of Registrar.

   4.   Appointment of other officers.

   5.   Protection of officers.

PART III
REGISTRATION OF TRADE UNIONS

   6.   Register.

   7.   Trade unions to be registered.

   8.   Application for registration.

   9.   Date of establishment of trade union.

   10.   Registration.

   11.   Power of Registrar to call for further particulars.

   12.   Power of Registrar to require alteration of name.

   13.   Certificate of registration.

   14.   Refusal of registration.

   15.   Cancellation of registration.

   16.   Appeals.

   17.   Trade unions prohibited from carrying on business unless registered.

   18.   Consequences of cancellation of registration.

   19.   Prohibition of activities on intended cancellation of registration or determination of appeal.

   20.   Suspension of a branch of a union.

   21.   Power of the Registrar to suspend a trade union.

PART IV
FEDERATION OF TRADE UNIONS

   22.   Formation of federation.

   23.   Registration of federation.

   24.   Affiliation with registered federation.

   25.   Provisions and penalties applicable to federations.

   26.   Decision by secret ballot.

PART V
CONSULTATIVE BODIES

   27.   Formation of or affiliation with consultative or similar bodies.

   28.   Notification of formation or affiliation with consultative or similar bodies.

   29.   Powers of Registrar to declare affiliation invalid.

   30.   Duty to inform Registrar on appointment to an office or employment in consultative or similar bodies.

   31.   Interpretation of consultative or similar body.

PART VI
CONSTITUTION AND RULES OF TRADE UNION

   32.   Membership of minors.

   33.   Members and officers of a trade union.

   34.   Voting members of a trade union.

   35.   Change of name.

   36.   Amalgamation.

   37.   Notice of change of name, amalgamation, etc.

   38.   Effect of change of name, amalgamation, etc.

   39.   Notice of affiliation or establishment or dissolution of a branch.

   40.   Registered office and postal address.

   41.   Rules.

   42.   Copies of rules.

   43.   Notification of officers, etc.

   44.   Notification of dissolution.

   45.   Trustees.

PART VII
RIGHTS AND LIABILITIES

   46.   Rights, immunities etc., of trade union pending registration.

   47.   Immunity from civil suit.

   48.   Liability in tort.

   49.   Liability in contract.

   50.   Objects in restraint of trade not unlawful.

   51.   Proceedings by and against trade unions.

PART VIII
PROPERTY

   52.   Property of trade union to vest in trustees.

   53.   Power of trade union to hold land.

   54.   Dues.

   55.   Deduction and payment.

   56.   Union service charge.

   57.   Deduction and payment.

   58.   Levy and subscription.

   59.   Discharge of union members' liability.

   60.   Acknowledgement of union dues.

   61.   Void agreement.

PART IX
FUNDS AND ACCOUNTS

   62.   Application of funds.

   63.   Prohibition of payment of fines or penalties.

   64.   Payment of dues to federation.

   65.   Control of finance.

   66.   Books of accounts.

   67.   Treasurer to render accounts.

   68.   Annual returns.

   69.   Inspection of accounts and documents.

   70.   Obstructing inspection by Registrar.

   71.   Power to call for detailed accounts.

   72.   Power to suspend officers.

   73.   Power to apply for appointment of receiver.

PART X
PICKETING AND INTIMIDATION AND OTHER MATTERS RELATING TO DISPUTES

   74.   Definitions.

   75.   Peaceful picketing and prevention of intimidation.

   76.   Intimidation or annoyance.

   77.   Conspiracy in trade disputes.

PART XI
MISCELLANEOUS PROVISIONS

   78.   Nomination by a member under sixteen years.

   79.   Inapplicability of certain laws.

   80.   Collection of subscriptions.

   81.   Service of legal process.

   82.   Prohibition on certain persons to join trade union or federation.

   83.   Notification in the Gazette.

PART XII
OFFENCES AND PENALTIES

   84.   Penalty for misuse of money, etc., of a trade union.

   85.   Officer in default.

   86.   Courts which may try offences.

PART XIII
REGULATIONS AND REPEALS

   87.   Regulations.

   88.   [Repeal of R.L. Cap. 381 and Act No. 20 of 1991.]

SCHEDULE

CHAPTER 244
THE TRADE UNIONS ACT

An Act to make provision for trade unions and related matters.

[1st July, 2000]
[G.N. No. 255 of 2000]

Act No. 10 of 1998

PART I
PRELIMINARY PROVISIONS (ss 1-2)

1.   Short title

   This Act may be cited as the Trade Unions Act.

2.   Interpretation

   (1) In this Act, unless the context requires otherwise–

   "branch" means any number of the members of a registered trade union who have in accordance with the constitution of the registered trade union appointed their own management committee but who are under the control of the executive committee of that trade union and are bound under the constitution of that trade union to contribute to its general funds;

   "branch office" means that office within United Republic of Tanzania from which the affairs and business of a branch of Trade Union are conducted;

   "Contract of Service" means any contract, whether in writing, oral, or whether expressed or implied, to employ or to serve as an employee for any period of time or number of days to be worked, or to execute any task or piecework or to perform any journey and includes foreign contract of service;

   "employee" means any person who has entered into or works under a contract of service with an employer and whether the contract is expressed or implied or is oral or in writing, and includes any person in the employment of the Government or of any local authority and any apprentice and learner who has entered into or works under any agreement whether expressed or implied or whether oral or in writing;

   "employer" means any person or any firm, corporation or company, public authority (including the Government) or body of persons who or which has entered into a contract of service to employ any person and includes any general manager of that person in authority over all other persons employed by any person, form, corporation, company, authority or body;

   "executive committee" means the body, by whatever name called, to which the management of the affairs of a trade union is entrusted and includes the president or chairman, the secretary and the treasurer of any trade union;

   "federation" means any combination or association of two or more trade unions which has a separate legal existence from the trade unions of which it is comprised;

   "local authority" includes a city council, municipal council, town council, local council, township authority and mine settlement authority;

   "lockout" means the closing of a place of employment or the suspension of work or the refusal by an employer to continue to employ any number of persons employed by him in consequence of a trade dispute, done with a view to compelling those persons, or to aid another employer in compelling persons employed by him, to accept terms or conditions of or affecting employment;

   "Minister" means the Minister responsible for labour matters;

   "Officer" when used with reference to a trade union, includes any member of the executive committee and any officer of a branch but does not include a trustee or an auditor;

   "Register" means the register of trade unions maintained by the Registrar under section 5 of this Act;

   "registered office" means that office within United Republic of Tanzania of a trade union which is registered under the provisions of section 3 of this Act;

   "registered postal address" means the address of a trade union registered under the provisions of section 6 of this Act;

   "registered trade union" means a trade union registered as a trade union under the provisions of this Act;

   "Registrar" means the person for the time being appointed by the Minister under the provisions of section 2 of this Act by name or by office to be or to act as Registrar of trade unions, and includes any person appointed by the Minister under section 2 of this Act to be or to act as an assistant registrar of trade unions;

   "strike" means the cessation of work by a body of persons employed acting in combination or a concerted refusal or a refusal under a common understanding of any number of persons employed to continue to work for an employer in consequence of a trade dispute done as a means of compelling their employer or any person or body of persons employed or to aid other employees in compelling their employer or any person or body of person employed to accept or not to accept terms or conditions of or affecting employment;

   "trade union" means any combination, either temporary or permanent of twenty or more employees or of four or more employers, the principal purposes of which are under its constitution the regulation of the relations between employees and employers, or between employees and employees or between employers and employers whether that combination would not, if this Act had not been enacted be deemed enacted, and be deemed to have an unlawful combination by reason of some one or more of its purposes being restraint of trade and includes a federation.

   (2) Any combination of employees employed by the Government or by any department or service of any international body or organisation operating in Tanzania of which Tanzania is a member, shall not be deemed to be a trade union by virtue only of its being a combination of persons employed by or under the Government.

   (3) Nothing in this Act shall–

   (a)   affect–

      (i)   any agreement between an employer and those employed by him as to that employment;

      (ii)   any agreement in consideration of the sale of the goodwill of a business or of instruction in any profession, trade or handicraft; or

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

PART II
APPOINTMENT OF REGISTRAR AND OTHER OFFICERS (ss 3-5)

3.   Appointment of Registrar

   (1) The Minister shall appoint a Registrar and a Deputy Registrar of trade unions who shall be responsible for the due performance of the duties and functions assigned to them under this Act.

   (2) In appointing a person to be a Registrar or Deputy Registrar the Minister shall have regard to persons who are knowledgeable and experienced in labour matters.

4.   Appointment of other officers

   The Minister may appoint any other officers who may from time to time be required for the purposes of this Act.

5.   Protection of officers

   No suit shall lie against the Registrar or Deputy Registrar or any officer for anything done or omitted to be done by him in good faith and without negligence and in the intended exercise of any power or performance of any duty conferred or imposed by this Act.

PART III
REGISTRATION OF TRADE UNIONS (ss 6-21)

6.   Register

   (1) The Registrar shall keep and maintain in any form which may be prescribed, a register of trade unions in which shall be registered–

   (a)   the prescribed particulars relating to any registered trade union;

   (b)   any alteration or change which may from time to time be effected in the name, rules, officers, executive committee, or registered postal address of any trade union or in the situation of its registered office, and any other matters which may be required to be contained in that register under this Act or any regulation made under this Act.

   (2) A copy of any entry in the register, certified under the hand of the Registrar, shall be conclusive proof of the facts specified in it, as on the date of the certified copy.

7.   Trade unions to be registered

   (1) Every trade union not registered or deemed to have been registered as a trade union before the coming into operation of this Act, shall either apply to be registered as a trade union or be dissolved, within a period of three months from the commencement of this Act or the date of its formation, whichever is the later.

   (2) Every trade union, established after the commencement of this Act, shall apply to be registered under this Act within a period of one month from the date on which it is so established.

   (3) The Registrar may, if he thinks fit, grant an extension of the period specified in subsections (1) and (2) for any further period or periods, not exceeding six months in the aggregate.

   (4) If any trade union fails to apply for registration or fails to be dissolved in accordance with the provisions of this section, the trade union, every officer and every person acting as an officer or purporting so to act, commits an offence, and upon conviction that trade union and each person shall be liable to a fine not exceeding one hundred thousand shillings or six months' imprisonment or to both that fine and imprisonment.

8.   Application for registration

   (1) Every application for registration as a trade union shall be made to the Registrar in the prescribed form and shall be signed–

   (a)   in the case of an association or combination of employees, by at least twenty members;

   (b)   in the case of an association or combination of employers by at least four members of the body applying for registration and any one of them may be an officer of the body.

   (2) An application under subsection (1) shall be accompanied by any fees which may be prescribed, the printed copies of the constitution and rules of the trade union signed by the members of the trade union making the application, and a statement containing the following particulars:

   (a)   the names, occupations and addresses of the members making the application;

   (b)   the name of the trade union and the address of its head office; and

   (c)   the titles, names, age, addresses and occupations of the officers of the trade union, and any other information regarding those officers which the Registrar, in any particular case, may require to be furnished.

   (3) A trade union established before the commencement of this Act shall deliver to the Registrar, together with its application for registration, a general statement of the assets and liabilities of the trade union, prepared in any form and containing any particulars which may be prescribed.

9.   Date of establishment of trade union

   (1) For the purpose of this Act, a trade union is established on the first day on which any employees or employers agree to become or create an association or combination whether temporary or permanent, within any particular establishment, trade, occupation or industry, for the furtherance of any one or more of the objects specified in the definition of a trade union in section 2.

   (2) For the purpose of prosecuting any trade union which fails to apply for registration under section 7, the date of establishment of that trade union shall, in the absence of proof of the date referred to in subsection (1), be deemed to be–

   (a)   the date on which any person is proved to have been accepted or admitted as a member of that trade union; or

   (b)   the date on which any act is proved to have been done by that trade union in furtherance of any one or more of the objects specified in the definition of trade union in section 2; or

   (c)   in case where proof is available of both the dates referred to in paragraphs (a) and (b), the earlier date shall be deemed to be the date of establishment of that trade union.

10.   Registration

   On application for registration being made in accordance with section 8 by a trade union, the Registrar shall subject to the provisions of sections 15, 16 and 17 register the trade union in the prescribed manner.

11.   Power of Registrar to call for further particulars

   The Registrar may call for further information for the purpose of satisfying himself that any application complies with this Act and of any regulations made under it or that the trade union is entitled to registration under this Act.

12.   Power of Registrar to require alteration of name

   If the name under which a trade union is proposed to be registered or, in the opinion of the Registrar, so nearly resembles any name which is likely to deceive or mislead the public or the members of either trade union or in his opinion is itself misleading, the Registrar shall require the person applying for registration to alter the name of the trade union stated in the application, and shall refuse to register the trade union until the alteration has been made.

13.   Certificate of registration

   The Registrar on registering a trade union shall issue to the trade union a certificate in the prescribed form and that certificate, unless proved to have been cancelled or withdrawn, shall be conclusive evidence for all purposes that the trade union has been duly registered under this Act.

14.   Refusal of registration

   (1) The Registrar may refuse to register any trade union if he is satisfied that–

   (a)   it has not complied with the provisions of this Act or any regulations made under it; or

   (b)   any of its objects or its constitution is unlawful or conflicts with any provisions of this Act; or

   (c)   any of the persons of whom its executive committee is composed is not qualified for membership of the executive committee or for the office by virtue of which he is a member of the executive committee, or has not been appointed or elected, as the case may be, to the executive committee or that office in accordance with the rules of the trade union; or

   (d)   it is used for unlawful purpose; or

   (e)   the principal objects of the combination seeking registration are not in accordance with those set out in the definition of trade union contained in this Act; or

   (f)   it is an organisation consisting of persons engaged in, or working at, more than one trade or calling, and that its constitution does not contain suitable provisions for the protection and promotion of their respective trade interests; or

   (g)   its accounts are not being kept in accordance with the provisions of this Act; or

   (h)   it is a branch of a trade union other than a registered trade union.

   (2) When the Registrar refuses to register a trade union, he shall notify the applicants in writing of the grounds of his refusal, and the trade union shall be deemed to be dissolved with effect from the date of that notification.

   (3) Where a trade union appeals against the decision of the Registrar under the provisions of section 16 of this Act and the appeal is dismissed the trade union shall be deemed to be dissolved with effect from the date of the dismissal of that appeal.

   (4) Any person acting as an officer of a trade union which has been deemed to be dissolved under the provisions of subsection (3) of this section or any person purporting so to act commits an offence and upon conviction is liable to a fine not exceeding ten thousand shillings and in the case of a continuing offence to a fine not exceeding ten thousand shillings for each day during which the offence continues.

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