TRADE DISPUTES (ESSENTIAL SERVICES) ACT - CAP. T9 L.F.N. 2004

January 16, 2017 | 0

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Trade Disputes (Essential Services) Act is An Act to empower the President to proscribe any trade union or association the members of which are employed in any essential service if such union or association has been engaged in industrial unrest or acts calculated to disrupt the smooth running of any essential service.

 

Brief Overview of Trade Disputes (Essential Services) Act

Power to proscribe trade unions or associations in certain cases, etc.

(1)      If the President is satisfied that any trade union or association any of the members of which are employed in any essential service-

(a)      is or has been engaged in acts calculated to disrupt the economy or acts calculated to obstruct or disrupt the smooth running of any essential service; or

(b)`    has, where applicable, wilfully failed to comply with the procedure specified in the Trade Disputes Act in relation to the reporting and settlement of trade disputes, he may by order published in the Federal Gazette proscribe the trade union or association (in this Act referred to as "the proscribed organisation") and the proscribed organization shall, as from the date of the order, cease to exist.

(2)      Where a proscribed organisation is a trade union, the union shall, not later than fourteen days from the date of the order under subsection (1) of this section, surrender its certificate of registration to the Registrar of Trade Unions who shall forthwith cancel such registration.

(3)      As from the commencement of an order under subsection (1) of this section, all properties (whether movable or immovable) of the proscribed organisation, whether held in the name of the organisation, or held by any person for or in trust for the organization shall be forfeited to the Federal Government and shall vest in that Government free of encumberances without any further assurance apart from this subsection.

(4)      Any person who holds any property referred to in subsection (3) of this section shall, within fourteen days of the making of an order under subsection (1) of this section, or where the property comes into his possession after the making of the order, within fourteen days after the property comes into his possession, deliver such property to the Secretary to the Federal Government or notify him in writing of the place where the property may be recovered and, in the latter case, shall take all other steps as the Secretary to the Federal Government may require in the recovery of such property.

(5)      Any person who contravenes or fails to comply with any of the provisions of sub-section (4) of this section shall be guilty of an offence and shall on conviction be liable to imprisonment for a term not exceeding five years.

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