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The Laws of Fiji
Last Updated: 2 July 2010

[IA 16] Cancellation of registration of defunct industrial association16 

16
(1) When the Registrar has reasonable cause to believe that an industrial association has been wound up or is not functioning as an industrial association, he or she shall send to such industrial association a registered letter inquiring whether its winding up has been completed or (as the case may be) whether it is functioning as such, and stating that if an answer is not received within 14 days from the date thereof, or within such longer time as may be stipulated in the letter, a notice such as is referred to in subsection (2) shall be published in the Gazette.
(2) If the Registrar—
  • (a)receives an answer from the industrial association to the effect that its winding up has been completed or that it is not functioning as an industrial association; or
  • (b)receives some other answer from the industrial association, and he or she is not satisfied after inquiry that the winding up of the association has not been completed or that it is functioning as an industrial association; or
  • (c)does not within 14 days of sending the letter or within such longer time as may be stipulated therein receive any answer, he or she may publish in the Gazette and send to the association by registered post a notice that, at the expiration of a period mentioned in that notice, the registration of the industrial association mentioned therein will, unless cause is shown to the contrary, be cancelled.
(3) At the expiration of the period mentioned in any such notice as is described in subsection (2) the Registrar may, unless cause to the contrary to his or her satisfaction is previously shown, cancel the registration of the industrial association, and shall publish notice thereof in the Gazette.
(4) If any person charged with the winding up of the industrial association or any member, office bearer or official or creditor of the association feels aggrieved by the cancellation of the registration of such association, the High Court may, within a period of one month, on the application of the person so charged, or the member, office bearer, official or creditor, and on notice being given to the Registrar, who shall be entitled to be heard by the High Court if he or she so desires, if satisfied that at the time of the cancellation the association had not been wound up or that it was functioning as an industrial association, or otherwise that it is just that the cancellation of the registration of the association be set aside, set aside that cancellation; and the High Court may give such directions and make such provisions as seem just for placing the association and all other persons in the same position, as nearly as may be, as if the registration of the association had not been cancelled.
(5) Upon the cancellation of the registration of any industrial association under this section, that association shall cease to be a body corporate, provided that the liability (if any) of every person charged with the winding up of an industrial association and every office bearer, official and member of such association, shall continue and may be enforced as if the registration of the association had not been cancelled.
(6) A letter or notice under this section shall be addressed to the association at its known head office.
(7) The person who holds or last held the office of secretary of an association the registration of which has been cancelled under this section shall within 14 days of demand by the Registrar transmit to him or her the certificate of registration issued to the association.