Industrial Act 1973-Mauritius

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THE INDUSTRIAL RELATIONS ACT 1973 Act 67/1973 ARRANGEMENT OF SECTIONS PART I – PRELIMINARY 1. 1. Short title. 2. 2. Interpretation. 3. 3. Application of Act. PART II - REGISTRATION OF TRADE UNIONS 4. 4. Register of trade unions. 5. 5. Registration of trade unions. 6. 6. Application for registration. 7. 7. Objections to registration. 8. 8. Consideration of application and objection. 9. 9. Grounds for refusal to register. 10. 10. Notification of decision and appeal. 11. 11. Certificate of registration. 12. 12. Consequences of refusal to register. 13. 13. Cancellation of registration by order of Tribunal. 14. 4. Consequences of cancellation of registration. PART III - CONSTITUTION AND ADMINISTRATION OF TRADE UNIONS 15. 15. Acts in contemplation or furtherance of industrial dispute. 16. 16. Trade union to be a body corporate. 17. 17. Rules of trade unions. 18. 18. Alteration of rules or change of name. 19. 19. Consideration of application. 20. 20. Membership. 21. 21. Members' nominees. 22. 22. Registered office. 23. 23. Branches of trade unions. 24. 24. Executive and officers. 25. 25. Meetings of trade unions. 26. 26. Taking of ballots. 27. 27. Federation and amalgamation. 28. 28. Dissolution of trade unions. 9. 29. Application of funds. 30. 30. Restriction on use for political purposes. 31. 31. Political fund of federations. 32. 32. Notice to contribute to political fund. 33. 33. Misapplication of funds. 34. 34. Keeping of accounts and records. 35. 35. General statement to annual general meeting. 36. 36. Annual return to Registrar. 37. 37. Retention and inspection of records. 38. 38. Powers of Registrar in relation to accounts. PART IV - PERMANENT ARBITRATION TRIBUNAL, INDUSTRIAL RELATIONS COMMISSION AND NATIONAL REMUNERATION BOARD 39. 39. Establishment of Tribunal. 40. 40. Functions of Tribunal. 41. 41. Establishment of Commission. 42. 42. Functions of Commission. 43. 43. References to Commission by Minister. 44. 44. Conciliation service. 45. 45. Establishment of Board. 46. 46. Functions of the Board. 47. 47. Principles to be applied. 48. 48. Intervention by the Attorney-General. PART V - PROTECTION OF INDIVIDUAL RIGHTS 49. 49. Rights of employees. 50. 50. Protection in unlawful actions. 51. 51. Closed shop agreement to be void. PART VI - PROMOTION OF INDUSTRIAL RELATIONS 52. 52. Promotion of good industrial relations. 53. 53. Agreement of representational status. 54. 54. Order for representational status. 55. 5. Revocation of order. 56. 56. Applications to Commission. 57. 57. Extension of scope of application. 58. 58. Recommendations as regards recognition. 59. 59. Enforcement of recommendation for recognition. 60. 60. Order for recognition. 61. 61. Saving. 62. 62. Conditions for check-off agreements. 63. 63. Registration of check-off agreements. 64. 64. Tribunal may declare check-off agreements. 65. 65. Provisions relating to check-off agreements. 66. 66. Termination of check-off agreements. 67. 67. Application for agency shop order. 68. 68. Recommendations for agency shop order. 69. 69. Making of agency shop order. 0. 70. Effect of agency shop order. 71. 71. Workers Education Fund. 72. 72. Operation of agency shop order. 73. 73. Discontinuance of agency shop order. 74. 74. Limitations for applications. 75. 75. Deductions from wages of employees. 76. 76. Prohibition of other payments. 77. 77. Establishment of works councils. PART VII - INDUSTRIAL DISPUTES 78. 78. Arbitration in industrial disputes. 79. 79. Reporting of industrial disputes. 80. 80. Rejection of report by Minister. 81. 81. Appeal to Tribunal. 82. 82. Consideration of report by Minister. 83. 83. Compulsory arbitration. 84. 84. Limitation on report of dispute. 5. 85. Effect of awards. 86. 86. Registration of collective agreement. 87. 87. Extension of awards and agreements. 88. 88. Interpretation of order, award and collective agreement. 89. 89. Order for adherence to agreed procedure. 90. 90. Order for utilisation of legal remedies. 91. 91. Order for adherence to award and agreement. 92. 92. Unlawful strikes and lock-outs. 93. 93. Imperiling the national economy. PART VIII - REMUNERATION ORDERS 94. 94. References to the Board. 95. 95. Recommendations. 96. 96. Remuneration Orders. 96A. Power to make regulations to reflect payment of additional remuneration 97. 7. Effect of Remuneration Order. 98. 98. Permits to infirm and incapacitated persons. PART IX - THE PUBLIC SERVICE AND CIVIL SERVICE UNIONS 99. 99. Application of Act to public service. 100. 100. Civil Service Arbitration Tribunal. PART X - OFFENCES AND PENALTIES 101. 101. Prevention of intimidation. 102. 102. Penalty for strike or lock-out offences. 103. 103. Offences by trade unions and officers. 104. 104. Other offences. PART XI - MISCELLANEOUS 105. 105. No pay while on strike. 106. 106. Service of notices. 107. 107. Publication of returns. 108. 108. Regulations. First Schedule -Trade Unions Rules Second Schedule –Permanent Arbitration Tribunal Industrial Relations Commission and National Remuneration Board Third Schedule - Code of Practice PART I – PRELIMINARY 1. Short title. This Act may be cited as the Industrial Relations Act. 2. Interpretation. (1)In this Act, unless the context otherwise requires - “agency shop order” means an order under section 69; “award" means an award made by the Tribunal under section 78 or 83; “bargaining unit" means employees or classes of employees, whether or not employed by the same employer, on whose behalf a collective agreement may be made; Board” means the National Remuneration Board established by section 47; “branch” means a branch of a trade union; “check-off agreement" means an agreement between an employer and a trade union for dues to be deducted from the wages of an employee by the employer and paid to the trade union; “civil service union" means a trade union of employees membership of which is confined to public officers; “collective agreement" means a procedure agreement, or an agreement which relates to terms and conditions of employment, made between a trade union of employees or a joint negotiating panel and an employer or a trade union of employers; collective bargaining" means negotiations relating to terms and conditions of employment or to the subject matter of a procedure agreement; "Commission" means the Industrial Relations Commission established by section 41; “contract of employment" means a contract of service or of apprenticeship, whether express or implied; “contribution" means the amount of money deductible from the wages of an employee under an agency shop order; “Court" means the Industrial Court established under the Industrial Court Act; “disciplined force" has the same meaning as in section III of the Constitution; dues” means a regular subscription payable to a trade union by a member as a condition of his membership, but does not include any other subscription or levy; “executive" means the body entrusted with the management of the affairs of a trade union; “federation" means a federation of trade unions; “industrial dispute" means a dispute between an employee or a trade union of employees and an employer or a trade union of employers which relates wholly or mainly to - (a)a contract of employment or a procedure agreement except, notwithstanding any other enactment, those provisions of the contract or agreement which - i)concern remuneration or allowance of any kind; and (ii)apply to the employee as a result of the exercise by him of an option to be governed by the corresponding recommendations made in a report of the Pay Research Bureau. b) (b)   the engagement or non-engagement, or termination or suspension of employment, of an employee; or c) (c)   the allocation of work between employees or groups of employees; Amended by [Act No. 13 of 2003] “industry” means trade; “joint negotiating panel" means the representatives of 2 or more trade unions of employees authorised to participate in collective bargaining and to enter into a collective agreement; local authority" has the same meaning as in section 2 of the Local Government Act 1989; “lock out" means any action taken by an employer, whether or not in contemplation or furtherance of an industrial dispute, and whether or not the employer is a party to the dispute, which consists in - (a)the exclusion of a group of employees from a place of employment; b. (b) the suspension of work in a place of employment; or (c) the collective, simultaneous or otherwise connected termination or suspension of employment of a group of employees; Minister" means the Minister to whom responsibility for the subject of Industrial Relations is assigned; “negotiating rights" means the right to participate in collective bargaining; “officer" means, in relation to a trade union – (a) a member of the executive; (b) a member of the managing body of a branch; (c) a shop steward or other executive officer, by whatever name called; "Pay Research Bureau" means the bureau referred to in the yearly Recurrent Budget under the Vote of Expenditure pertaining to the Prime Minister's Office. Added by [Act No. 13 of 2003] political fund" means a fund of a trade union kept exclusively for the purpose of incurring expenditure for the furtherance of political objects; "procedure agreement" means an agreement which relates to – a) (a)   machinery for consultation with regard to, or for the settlement of, terms and conditions of employment; b) (b)   negotiating rights; (c) facilities for officers; (d) procedures relating to disciplinary matters; or (e) procedures relating to grievances of individual employees; "public officer” includes primary aided school teacher; register" means the register required to be kept by the Registrar under section 4; “registered" means registered under this Act; “registered office" means the registered place of business of a trade union; "Registrar" means the Registrar of Associations or any other public officer acting on his behalf or under his authority; "Remuneration Order" means an order under section 96; “representational status" means the authority of a trade union of employees to represent a member of that trade union in any difference between the member and his employer in which the member is relying upon his legal rights; secretary" means the secretary of a trade union or any person who acts or purports to act as such; "sole bargaining agent" means a trade union or joint negotiating panel which has exclusive negotiating rights in respect of a bargaining unit; “special fund" means a fund of a trade union, other than a political fund, to which the members of the trade union are free not to contribute; "strike" means any action taken by a group of employees, whether or not in contemplation or furtherance of an industrial dispute and whether or not they are parties to the dispute, which consists in - ) (a)   a concerted stoppage of work; or b) (b)   a concerted course of conduct, including going slow or working to rule, which is carried on – (i)with the intention of preventing, reducing or otherwise interfering with the production or distribution of goods or the provision of services; and (ii)in the case of some or all of the employees involved, in breach of their obligations to their employer or in disregard of the normal arrangements between them and their employer; "trade" or "industry" includes any occupation, calling or business and includes any part of a trade or industry; trade union" means an association of persons, whether registered or not, having as one of its objects the regulation of industrial relations between employees and employers and includes a federation; “treasurer" means the treasurer of a trade union and includes any person who, under the rules of the trade union, is responsible for any accounts of the trade union or for the collection, receipt, disbursement, custody or control of the moneys of the trade union; "Tribunal" means the Permanent Arbitration Tribunal established by section 39; union's share" means that portion of the contribution which is payable under section 70 to a trade union; “visiting force" has the same meaning as in section 2 of the Visiting Forces Act; “wages" means all emoluments payable in cash to an employee under a contract of employment; 3. Application of Act. (1)Subject to subsection (2), this Act shall bind the State. (2) This Act shall not apply - a) (a)   to a member of a disciplined force; b) (b)   to a member of a visiting force; (c)to a person in the service of the State who is not a public officer. 3) Subject to Part IX, this Act shall apply to the public service and civil service unions. PART II - REGISTRATION OF TRADE UNIONS 4. Register of trade unions. (1) The Registrar shall keep a register in the prescribed form in which shall be entered the particulars of all registered trade unions. (2) Any interested person may, on written application to the Registrar, at all reasonable times inspect the register. 5. Registration of trade unions. (1) Subject to section 110, every trade union shall, not later than three months after the date of its formation, apply to the Registrar for registration. 2)No trade union shall claim or receive any admission fee, dues or contribution unless the trade union has been registered under section 11. (3)Where a trade union fails to comply with subsection (1) or (2), the trade union shall commit an offence and the trade union shall be wound up by the Registrar in the prescribed manner. Amended by [Act No. 25 of 1975] 6. Application for registration. (1)The application for registration of a trade union shall be in the prescribed form. (2)Every application under subsection (1) shall be accompanied by - (a)the prescribed fee; b) two copies of the rules of the trade union; and (c) a statement of particulars in the prescribed form. (3)The Registrar may, by written notice, require an applicant to provide any further information he may reasonably require for the purpose of considering the application. (4)Where the Registrar considers that the rules or the name of the trade union do not comply with this Act, he shall give written notice to the trade union of the want of compliance and afford the trade union such time as he considers reasonable in which to submit amended rules or another name. 5)The Registrar shall refuse any application which does not comply with this section. 6) (6)         Where a trade union – a) (a)   fails to provide any information required by the Registrar under subsection (3); or b) (b)   refuses to submit amended rules or another name as requested by the Registrar under subsection (4), the Registrar shall refer the application to the Commission. 7. Objections to registration. (1)The Registrar shall, in the prescribed manner, publish in the Gazette and in 2 daily newspapers a notice of any application which is not refused by him under section 6(5). 2)Any registered trade union may, not later than 21 days after the publication of the notice in the Gazette under subsection (1), lodge a written objection to the application with the Registrar. (3)The Registrar shall, not later than 14 days after receiving an objection under subsection (2), by written notice, require the applicant to show cause, within such time as may be specified in the notice, why the objection should not be upheld. 8. Consideration of application and objection. 1)Where an objection to an application has been lodged in accordance with section 7(2), the Registrar shall, after the time limit specified in a notice issued under section 7(3) has elapsed, refer the application and the objection to the Commission. (2)Where no objection is lodged in accordance with section 7(2), the Registrar may, after the time limit specified in section 7(2) has elapsed - (a)register the trade union; or (b) refer the application to the Commission. 3) The Commission shall hear and consider the application and any objection to it and, after making such enquiries as it considers necessary, direct the Registrar to register or not to register the trade union. (4)Where in accordance with subsection (3) the Commission directs the Registrar - (a)not to register a trade union; or (b) notwithstanding an objection lodged against an application for registration, to register a trade union, it shall specify the grounds for refusing to register the trade union or the reasons for rejecting the objection, as the case may be. . Grounds for refusal to register. (1)Subject to subsection (2), a trade union shall not be registered if - (a) any of its objects is unlawful or is inconsistent with this Act; (b) the trade union is engaged, or is about to engage, in activities likely to cause a serious threat to public safety or public order; (c) its rules are ambiguous; (d)except in the case of a civil service union, its membership is open to public officers; (e)its membership is open to persons who are not engaged in the same trade, or in similar or connected trades or in the same undertaking; f)its rules do not contain adequate provision, or it is not organised to provide adequately, for the protection and promotion of the interests of its members in every trade which it purports to represent; (g)any of its officers is not qualified to hold, or is incapable of performing the duties of, his office; (h)its name is the same as that of a registered trade union or so resembles that of a registered trade union that the public may be deceived or misled; or (i)its name is, in the Registrar's opinion, objectionable or otherwise unsuitable. 2)Subsection (1)(d) shall not apply in relation to the registration of a federation comprising a federation of civil service unions and other trade unions. Amended by [Act No. 25 of 1975]; [Act No. 35 of 1976] 10. Notification of decision and appeal. (1)Where, pursuant to a direction of the Commission under section 8(3), the Registrar - (a)refuses to register a trade union; or (b) notwithstanding an objection lodged against an application for registration, registers a trade union, e shall give written notice to the applicant trade union and to any trade union which has objected to the application for registration, of the ground on which the refusal is based or, of the reasons for the rejection of the objection, as the case may be. (2)Any trade union aggrieved by a decision to register or not to register a trade union may, not later than one month after the date of the notification of the decision, appeal against the decision to the Tribunal and, on appeal, the Tribunal may make such order as it thinks fit. (3)The Registrar may appear and be heard on an appeal under subsection (2). 11. Certificate of registration. The Registrar shall, on registering a trade union, issue a certificate of registration in the prescribed form to the trade union and the certificate shall, unless the registration is cancelled pursuant to section 13, be conclusive evidence that the trade union is not registered. Amended by [Act No. 25 of 1975] 12. Consequences of refusal to register. (1)Where the Registrar has refused to register a trade union, the trade union shall be dissolved forthwith and be wound up - (a)if no appeal has been lodged under section 10(2), not later than one month after the date of the notification of the decision; b)if an appeal has been so lodged and the appeal has been dismissed, not later than one month after the date of the dismissal of the appeal. (2)Where a trade union is not wound up and its property distributed as provided by its rules within the time specified in subsection (1), every officer shall commit an offence and the trade union shall be wound up by the Registrar in the prescribed manner. Amended by [Act No. 25 of 1975] 13. Cancellation of registration by order of Tribunal. (1)The registration of a trade union may be cancelled on the ground that - a) the registration was obtained by fraud or misrepresentation; (b) the trade union has ceased to exist; (c) by reason of any change of circumstances for which the trade union is responsible, the trade union would no longer be eligible for registration; (d)the trade union has engaged, or is about to engage, in activities likely to cause a serious threat to public safety or public order; (e) the trade union has contravened its rules by failing to provide effective representation of the interests of its members in general, or of those of its members who belong to a particular trade; or f)the trade union has failed to comply with any requirement (including a requirement relating to its rules) imposed on it by this Part, and has persisted in its default after the Registrar has given it written notice specifying the default and fixing a time which shall not be less than 2 months for remedying the default, and that time has expired. (2)Where the Registrar is of opinion that the registration of a trade union should be cancelled, he shall refer the matter to the Tribunal, stating the ground which, in his opinion, justifies the cancellation. 3)Where on a reference under subsection (2), the Tribunal is satisfied that the ground of the reference is well-founded, the Tribunal may - (a)adjourn the hearing of the reference so as to allow the trade union time to remedy the default or failure; or (b) direct the Registrar to cancel the registration of the trade union. (4)Where, at the resumed hearing after an adjournment under subsection (3) (a), the Tribunal finds that the trade union has not taken adequate steps to remedy the default or failure, it shall direct the Registrar to cancel the registration of the trade union. 5)On receipt of a direction under subsection 3(b) or (4), the Registrar shall cancel the registration of the trade union. 14. Consequences of cancellation of registration. (1)Where the Registrar cancels the registration of a trade union - (a)he shall publish a notice of the cancellation in the Gazette and in 2 daily newspapers; (b) the trade union shall forthwith cease to engage in any trade union activity; (c)the trade union shall be dissolved within one month, or such further period as the Registrar may allow, after the date of the publication of the notice in the Gazette under paragraph (q). 2)Where a trade union is not dissolved within the time specified in subsection (1)(c), every officer shall commit an offence and the trade union shall be wound up by the Registrar in the prescribed manner. Amended by [Act No. 25 of 1975] PART III - CONSTITUTION AND ADMINISTRATION OF TRADE UNIONS A - RESTRICTION ON LEGAL PROCEEDINGS 15. Acts in furtherance of industrial dispute. (1) An act done by a person in contemplation or furtherance of an industrial dispute shall not give rise to an action in damages on the ground only - a)that it induces or will induce another person to break a contract to which that other person is a party or prevents another person from performing a contract; (b) that it consists in his threatening that a contract, whether he is a party to it or not, will be broken or will be prevented from being performed, or that he will induce another person to break a contract to which that other person is a party or will prevent another person from performing a contract; or c)that it is an interference with the trade, business or employment of another person, or with the right of another person to dispose of his capital or his labour as he wishes. (2)An agreement or combination by 2 or more persons to do or procure to be done any act in contemplation or furtherance of an industrial dispute shall not render any of those persons liable to civil or criminal proceedings, if the act in question is one which, if done without any such agreement or combination, would not render him so liable. B - STATUS, RULES, MEMBERSHIP AND DISSOLUTION 16. Trade union to be a body corporate. 1) Subject to the other provisions of this Act, a registered trade union shall be a body corporate having perpetual succession and a common seal and all the rights and powers of a natural person. (2)No property belonging to a trade union shall be disposed of, pledged, mortgaged or charged unless a majority of all the members of the trade union who are not disqualified from voting pursuant to section 20(2) have consented to the transaction. (3)A trade union may sue and be sued in its corporate name and service of any notice or process by or on the secretary shall be deemed to be service on behalf of or on the trade union. 7. Rules of trade unions. (1) The rules of every trade union shall make provision for all the matters specified in the First Schedule. (2)Every member of a trade union shall, on request made to the secretary and on payment of a fee of one rupee, be entitled to receive a copy of the rules of the trade union. (3)A secretary who fails to supply a copy of the rules under subsection (2) shall commit an offence and shall, on conviction, be liable to a fine not exceeding 50 rupees. 18. Alteration of rules or change of name. 1) Subject to subsection (2), a trade union may alter its rules or change its name by a resolution approved at a general meeting held in accordance with the rules of the trade union. (2)An alteration of the rules or a change of the name of a trade union shall not have effect until it is registered. (3)An application for the registration of an alteration of the rules or a change of the name of a trade union shall be made, in the prescribed form, to the Registrar and shall be accompanied by the prescribed fee. 4)The Registrar may, by written notice, require the trade union to provide any further information he may reasonably require for the purpose of considering the application. (5)The Registrar shall, in the prescribed manner, publish in the Gazette and in 2 daily newspapers a notice of any application for a change of the name of a trade union. (6)Any other registered trade union may, not later than 21 days after the publication of the notice in the Gazette under subsection (5), lodge a written objection to the application with the Registrar. 7)The Registrar shall, not later than 14 days after receiving an objection under subsection (6), by written notice, require the applicant trade union to show cause, within such time as may be specified in the notice, why the objection should not be upheld. 19. Consideration of application for alteration of rules and change of name. (1)An alteration of the rules or a change of the name of a trade union shall not be registered where - (a)it has not been made in accordance with this Act or with the rules of the trade union; or b) at the time of the application for registration of the trade union, the trade union would not have been registered had - (i) its rules included any provision contained in the alteration; or (ii)its name been similar to the new name. (2)The Registrar shall, on registering an alteration of the rules or a change of the name of a trade union, issue to the trade union a certificate of the registration, in the prescribed form. (3)Where the Registrar - (a)refuses to register an alteration of the rules or a change of the name of a trade union; or (b) rejects an objection to a change of the name of a trade union, e shall give written notice of his decision to the applicant trade union and to any trade union which has objected to the change of name. (4) Any trade union aggrieved by a decision of the Registrar under this section may, not later than 14 days after the date of the notification of the decision, appeal against the decision to the Tribunal and, on appeal, the Tribunal may make such order as it thinks fit. (5) The Registrar may appear and be heard on an appeal under subsection (4). 20. Membership. (1)No person shall be eligible to be a member of a trade union unless he resides in Mauritius and - a)he is bona fide engaged in a trade which the trade union purports to represent; or (b) if he is not so engaged, he has been so engaged at any time for a period of, or periods amounting in the aggregate to, not less than 18 months. (2)No member of a trade union shall have the right to vote at a meeting of the trade union if his dues are in arrears by more than 3 months or such shorter period as may be specified in the rules of the trade union. (3) The minimum age for membership of a trade union shall be 16 years or such greater age as may be specified in the rules of the trade union. 4) Subject to section 24 and to the rules of the trade union, a member of a trade union who is a minor may enjoy all the rights of a member, and may execute any instrument or give any discharge required under the rules of the trade union. 21. Members’ nominees. (1) Subject to subsection (2), a member of a trade union may, by written notice to the trade union, nominate a person to whom any money payable on the death of the member shall be paid. (2)An officer of the trade union shall not be nominated under subsection (1) unless he is the husband, wife, father, mother or child of the member. 3) A trade union shall, on receiving satisfactory proof of the death of a member, pay any money payable on the death of the member to the person nominated by the member under subsection (1). 22. Registered office. (1) Every trade union shall have a registered office to which all communications and notices may be addressed and where all the books and documents relating to the trade union shall be available for inspection by the Registrar or by any person having a pecuniary interest in the funds of the trade union. (2) The trade union shall give notice of the address and of any change of its registered office to the Registrar. 3. Branches of trade union. Where a trade union establishes or dissolves a branch, it shall give written notice of the establishment of the branch, or of the dissolution, to the Registrar not later than 14 days after the date of the establishment or of the dissolution. 24. Executive and officers. (1) No person shall be qualified to become or, having been so appointed or elected, shall continue to be an officer who - (a)is a minor; (b) is an undischarged bankrupt or is insolvent; (c) has, within the 3 preceding years, been convicted of an offence involving fraud or dishonesty; d) in the case of a trade union of employees, is not a member of that trade union. (2) Every trade union shall cause the names and titles of every officer to be prominently exhibited in its registered office and in the office of every branch. (3) Every trade union shall, not later than seven days after the appointment or election of its officers and of every change among its officers or in their titles, give written notice to the Registrar of the appointment, election or change. 4) (4)         Where the Registrar has reasonable cause to elieve that any change notified to him under subsection (3) was not made in accordance with this Act or the rules of the trade union, he shall not register the change and shall give written notice to the trade union of the ground on which the refusal is based. (5)Any person aggrieved by a decision of the Registrar under subsection (4) may, not later than 14 days after the date of the notification of the decision, appeal against the decision to the Tribunal and, on appeal, the Tribunal may make such order as it thinks fit. (6)The Registrar may appear and be heard on an appeal under subsection (5). 7)Any person who, not being qualified as such under subsection (1), acts or purports to act as an officer shall commit an offence. 25. Meetings of trade unions. (1) Every trade union shall, between 1 January and 31 March in every year, hold an annual general meeting. (2)The notice convening an annual general meeting shall be published, not less than 21 days before the date of the meeting, in one daily newspaper approved by the Registrar. (3)The notice convening the annual general meeting shall specify - (a)that the meeting is convened as an annual general meeting; and (b) that the matters to be considered at the meeting will include - i)the statement of accounts of the trade union for the preceding year; and (ii)the election of officers and members of the executive. (4) Where an annual general meeting of a trade union consists in a meeting of delegates of branches or, in the case of a federation, of the constituent trade unions, the trade union shall, at the same time as the publication of the notice under subsection (2), give each branch or, in the case of a federation, each of the constituent trade unions, written notice setting out all the matters to be considered at the meeting and the number of delegates to be elected by each branch or by each of the constituent rade unions. (5)Each branch or, in the case of a federation, each of the constituent trade unions shall, not later than 5 days after the publication of a notice under subsection (2), convene a general meeting at which - (a)all the matters to be discussed at the annual general meeting of the delegates shall be considered; (b) the delegates to represent the branch or, in the case of a federation, the constituent trade union shall be elected; and c) where the matters to be discussed at the annual general meeting include a resolution which, under this Act or under the rules of the trade union, must be approved by the members of the trade union, there shall be taken a ballot of the members of the branch or, in the case of a federation, of the members of the constituent trade union, on the resolution. 26. Taking of ballots. 1) Where a trade union proposes to take a ballot for any the purposes specified in this Act or in its rules it shall, not less than 21 days before the date of the taking of the ballot, cause notice of the ballot to be published in one daily newspaper approved by the Registrar. 2) (2)   A notice under subsection (1) shall specify – a) (a)   the day on which and the time and place at which the ballot is to be taken; and ) (b)   the matter which is to be determined by the ballot. (3)The persons appointed as scrutineers of a ballot shall, after the counting of the votes, certify the result of the ballot to the Registrar and secure the ballot papers which have been counted and those which have been rejected, in separate sealed parcels which shall be retained by the trade union for a period of at least 6 months. 27. Federation and amalgamation of trade unions. (1)Subject to subsection (2), 2 or more trade unions (including federations) may combine to form a federation or amalgamate to form one trade union if a resolution for federation or amalgamation is approved, on a ballot, at a general meeting of every trade union concerned, by a majority of all the members of that trade union who are not disqualified from voting pursuant to section 20(2). 2)A federation or amalgamation shall not have effect until the federation or the trade union formed by the amalgamation is registered. (3)Where the Registrar registers a trade union formed by an amalgamation of two or more trade unions he shall cancel the registration of those trade unions. 28. Dissolution of trade unions. (1) Subject to subsection (2), a trade union may be dissolved where a resolution for its dissolution is approved at a general meeting held in accordance with the rules of the trade union. 2) Where, under the rules of the trade union, provision is made for a special fund, the dissolution of the trade union shall not have effect until a majority of all the members who contribute to the special fund have approved, on a ballot, the manner in which any asset of the fund is to be disposed of. (3)Where a trade union resolves that it should be dissolved, it shall, not later than 14 days after the date on which the resolution for the dissolution is approved in accordance with subsection (1), give written notice of the resolution to the Registrar. 4)On receipt of a notice under subsection (3), and on being satisfied that the resolution to dissolve the trade union has been approved in accordance with subsection (1), the Registrar shall publish a notice of the dissolution in the Gazette and in two daily newspapers. (5)The dissolution of a trade union shall take effect from the date of the publication of the notice in the Gazette under subsection (4). 6)Where on the dissolution of any trade union, the Registrar is of opinion that the rules of the trade union for the disposal of its funds and other property are inadequate or are not being properly applied, he may issue to an officer such written directions as he considers necessary to safeguard the interests of the creditors or members of the trade union, and the officer shall comply with those directions. Amended by [Act No. 25 of 1975] [Reprint No. 3 of 2003] C - PROPERTY AND FUNDS 29. Application of funds. 1)Subject to subsections (2) and (3), no trade union shall apply its funds except for the following purposes - (a)expenditure incurred for the purpose of complying with this Act; (b) the payment of reasonable emoluments to officers; (c) reasonable expenditure for the administration of the trade union and the auditing of its accounts; (d) the conduct of legal proceedings to which the trade union or any of its members is a party, where the proceedings are undertaken for the purpose of securing or protecting any rights of the trade union or of any of its members in relation to his contract of employment; e) the conduct of an industrial dispute on behalf of the trade union or any of its members, and the payment of compensation to members of the trade union for any loss arising out of an industrial dispute; (f)benefits to members of the trade union or their dependents on account of accidents, unemployment, sickness, old age or death; and (g) any other purpose approved by the Minister. (2) No trade union shall apply any of its funds either directly or indirectly in payment of any penalty imposed upon any person by a court of law, other than a penalty imposed upon the trade union itself. 3) No trade union shall apply any of its funds in support of or in connection with any unlawful strike and lock-out. (4) Where, under the rules of a trade union, provision is made for any special fund, the rules applicable to that special fund - (a)shall specify the expenses and benefits which may be paid out of that fund; (b) shall not be altered except by a resolution approved, on a ballot, by a majority of the total number of members who contribute to that fund. 30. Restriction on application of funds for political purposes. 1)No trade union shall apply any of its funds for a political object unless its rules provide for the setting up of a political fund from which payments for political objects may be made, and no assets of the trade union other than those forming part of the political fund shall be applied or charged for any political object. (2) No assets of the trade union other than lawful contributions of members to the political fund shall be credited to that fund. (3) Contribution to the political fund of a trade union shall not be made a condition of membership of the trade union. 4) No member of a trade union shall be liable to contribute to a political fund unless he has, by written notice to the trade union, agreed to contribute to that fund. (5) A member who is not liable to contribute to a political fund shall not be excluded from any benefits of the trade union, or placed in any disability or at any disadvantage as compared with other members who contribute to the political fund, except in relation to the control and management of the political fund. (6) For the purposes of subsection (1), payments for political objects include expenditure incurred for - a) the payment of any expenses incurred, either directly or in- directly, by a candidate for election to the Assembly or to a local authority, before, during or after the holding of the election, in connection with his candidature or election; (b) the holding of any meeting or the distribution of literature or documents in support of a candidate or prospective candidate; (c) the registration of voters, or the selection of a candidate, for the Assembly or any local authority; (d) the holding of a political meeting or the printing or distribution of political literature or political documents. 31. Political fund of federations. Where a federation has set up a political fund, no constituent trade union of the federation shall contribute to that fund unless - (a)the constituent trade union has set up a political fund; (b) the constituent trade union has, with the approval, on a ballot, of a majority of all the members of the constituent trade union who contribute to its political fund, given written notice to the federation that it agrees to contribute to the political fund; (c) the contribution of the constituent trade union to the political fund of the federation is paid exclusively from the assets of the political fund of the constituent trade union. 32. Notice to contribute to political fund. (1)A notice under section 30(4) or 31(b) shall have effect from the first day of the month following the month in which it is given and shall cease to have effect on the last day of the month following the month in which a written notice of intention to cease to fund contribute to a political fund is given. (2)In the case of a federation no notice of intention to cease to contribute to a political fund shall be given by a constituent trade union unless the approval, on a ballot, of a majority of all the members of the constituent trade union who contribute to its political fund has been obtained. 3. Misapplication of funds. (1)Where 5 or more members of a trade union, or the Registrar, have reason to believe that a trade union is incurring expenditure in breach of this sub-Part or of its rules, they may apply to the Court to restrain the trade union from incurring that expenditure and, on such an application, the Court may make such order as it thinks fit. (2)Where an application under subsection (1) is made in relation to a trade union which has been or is about to be dissolved, the Court may order that the assets of the trade union be vested in the Registrar. 3)Where an order under subsection (2) has been made, the assets of the trade union shall vest in the Registrar and the trade union shall be wound up by the Registrar in the prescribed manner. D - ACCOUNTS AND RETURNS 34. Keeping of accounts and records. (1)Every treasurer shall keep a record of all moneys received and paid by him for and on behalf of the trade union and shall - a) (a)   in respect of each year; b) (b)   on his resignation; (c)on the expiry of his term of office; or (d) where required so to do by the rules of the trade union, ender to the trade union a true account of all moneys received and paid by him since his appointment or since he last rendered an account, whichever is the later. (2) The treasurer of a trade union shall prepare a general statement in the prescribed manner of all receipts and expenditure of the trade union in respect of every year, and of the assets and liabilities of the trade union existing on the 31 December in every year. (3)Every account or statement prepared under this section shall be in the prescribed form and shall be audited by 2 persons to be appointed by the trade union with the approval of the Registrar. 4)Every treasurer shall, in accordance with the rules of the trade union, hand over to the trade union the balance which on any audit appears to be due from him and all bonds, securities, books, papers or other property of the trade union in his possession, under his control or entrusted to his custody. (5) Where a treasurer fails to comply with subsection (4), the trade union, any of its members acting on behalf of the trade union or the Registrar may, by judicial process before the Court, recover from the treasurer - (a)the balance appearing to have been due upon the account, if any, last rendered by him; b) all other moneys received by him on account of the trade union; and (c) all bonds, securities, books, papers or other property in his control or custody. 35. General statement to be submitted to annual general meeting. (1) The treasurer of every trade union shall submit the general statement prepared under section 34(2) for the approval of the members of the trade union at the annual general meeting of the general trade union and shall, on the application of a member of the trade union, deliver to him a copy of the statement. 2)Every trade union shall cause a copy of the last general statement to be prominently exhibited in the registered office of the trade union and in the office of every branch. 36. Annual return to Registrar. Every trade union shall, on or before the 1 April in every year, submit to the Registrar a return, in the prescribed form, containing - (a)a certified copy of the general statement required to be prepared under section 34(2); (b) a statement of the names and postal addresses of its officers; and (c) a return of its membership as on the 31 December of the previous year. 7. Retention and inspection of trade union records. (1) Every trade union shall retain - (a)for a period of at least three years after the last date to which they relate - (i)all books and statements of accounts, and auditors' reports; (ii)all registers of members, and all records of money paid by members to the trade union; (b)for a period of at least three years after their date of origin, all minutes of meetings (including branch meetings), vouchers, receipts, correspondence and other documents relating to the affairs of the rade union. (2)A trade union shall permit a member of the trade union to inspect the books and accounts of the trade union and the register of its members on his giving reasonable notice to the trade union. 38. Powers of Registrar in relation to accounts. (1) The Registrar may verify, inspect or audit the books and accounts of any trade union and, for this purpose, may require any trade union or any officer or former officer to appear and to produce for his inspection the books and accounts. 2)The secretary or treasurer of a trade union shall, not later than 21 days after the receipt by him of a written notice from the Registrar, furnish the Registrar with such information relating to the trade union, including detailed accounts of the funds or other assets of the trade union or its branches, as may be specified in the notice. PART IV - PERMANENT ARBITRATION TRIBUNAL, INDUSTRIAL RELATIONS COMMISSION AND NATIONAL REMUNERATION BOARD A - PERMANENT ARBITRATION TRIBUNAL 39. Establishment of Tribunal. (1)There is established for the purposes of this Act a tribunal to be known as the Permanent Arbitration Tribunal. ) (2)   The Tribunal shall consist of – (a) (i)a President; and (ii)a Vice-President, whose offices shall be public offices; and (b) not more than 6 other members, who shall be appointed annually by the Minister, after consultation with such organisations representing employees and employers as he considers appropriate. (3) A person shall not be appointed President of the Tribunal unless he is qualified for appointment as a judge. (4)Part I and, where appropriate, of Part II of the Second Schedule shall have effect with respect to the Tribunal and its members. 40. Functions of Tribunal. The Tribunal shall have such functions as are set out in this Act or as may be prescribed or as may otherwise be provided by Parliament. B - INDUSTRIAL RELATIONS COMMISSION 41. Establishment of Commission. (1)There is established for the purposes of this Act a commission to be known as the Industrial Relations Commission. (2)The Commission shall consist of a Chairman and not less than 3 nor more than 6 other members, who shall be appointed annually by the Minister, after consultation with such organisations representing employees and employers as he considers appropriate. 3)Part II of the Second Schedule, where appropriate, shall have effect with respect to the Commission and its members. 42. Functions of Commission. The Commission shall have such functions as are set out in this Act or as may be prescribed or as may otherwise be provided by Parliament. 43. References to Commission by Minister. (1)The Minister may refer to the Commission any question relating to industrial relations generally or to industrial relations in any particular industry, and the Commission shall enquire into and report upon any question so referred. 2)The report of the Commission on any question referred to it under subsection (1) may be published in such manner as the Minister may, after consultation with the Commission, determine. 44. Conciliation service. The Commission shall provide a conciliation service for the assistance of employees, employers and trade unions. C - NATIONAL RENUMERATION BOARD 45. Establishment of National Remuneration Board. (1) There is established for the purposes of this Act a board to be known as the National Remuneration Board. 2)The Board shall consist of a Chairman and not less than 4 and not more than 10 other members who shall be appointed by the Minister, after consultation with such organisations representing employees and employers as he considers appropriate. (3)The Chairman, Vice-Chairman and the members of the Board shall be appointed for such term as the Minister may determine. (4) (a)Where the Minister refers any matter to the Board under section 94, the Minister may appoint such even number of assessors as he thinks fit, half to represent employees and half to represent employers, to assist the Board in its determination of the matter. b)Before making any appointment under this subsection the Minister shall consult such organisations representing employees and employers, interested in the particular matter, as he considers appropriate and if, after consultation, the Minister is unable to secure the consent of suitably representative persons for appointment as assessors, whether to represent employees or employers or both, the Minister may appoint assessors to represent employees only, or employers only, or may refrain from appointing any assessor. c) A person shall not be qualified to be appointed as an assessor if he is a member of, or a candidate for election to, the Assembly or any local authority. (5)Part II of the Second Schedule, where appropriate, shall have effect with respect to the Board and its members. 46. Functions of the Board. The Board shall have such functions as are set out in Part VIII or as may be prescribed or as may otherwise be provided by Parliament. D - GENERAL 47. Principles to be applied by Tribunal, Commission and Board. Where any matter is before the Tribunal, the Commission or the Board shall, in the exercise of their functions under this Act, be applied have regard, inter alia, to - (a)the interests of the persons immediately concerned and the community as a whole; (b) the principles and practices of good industrial relations; (c) the need for Mauritius to maintain a favourable balance of trade and balance of payments; (d) the need to ensure the continued ability of the Government to finance development programmes and recurrent expenditure in the public sector; e) the need to increase the rate of economic growth and to provide greater employment opportunities; (f)the need to preserve and promote the competitive position of local products in overseas markets; (g) the need to develop schemes for payment by results, and so far as possible to relate increased remuneration to increased labour productivity; (h)the need to prevent gains in the wages of employees from being adversely affected by price increases; (i) the need to establish and maintain reasonable differentials in rewards between different categories of skills and levels of responsibility; and j) the need to maintain a fair relation between the incomes of different sectors in the community. [Reprint No. 4 of 1974] 48. Intervention by the Attorney-General. (1)Where any matter is before the Tribunal, the Commission or the Board, the Attorney-General may, for the purpose of giving such assistance to the Tribunal, the Commission or the Board as he may be able to provide, intervene in the matter if it appears to him that some question of public importance or affecting the public interest is in issue. 2)The Attorney-General may, at the request of the Tribunal, the Commission or the Board, intervene in any matter before the Tribunal, the Commission or the Board. (3)The Attorney-General may, on an intervention made under this section, tender such evidence, and make such submissions, as he thinks fit with respect to the matter before the Tribunal, the Commission or the Board. (4)No intervention by the Attorney-General shall be taken to cause the Attorney-General to become a party to the matter before the Tribunal, and accordingly no order or award shall be made against the Attorney-General in any matter. PART V - PROTECTION OF INDIVIDUAL RIGHTS A - TRADE UNION ACTIVITIES 49. Rights of employees. (1)Every employee shall, as between himself and his employer, have the right - (a) to be a member of a trade union; (b) not to be a member or to refuse to be a member of a trade union; and (c)to take part, at the appropriate time, in the activities of a trade union of which he is a member, including the right to seek appointment or election as an officer of the trade union, and to hold office as such. 2)No employer shall refuse to engage an employee or dismiss, penalise, or otherwise discriminate against an employee by reason of his having exercised, his exercising, or wishing or being likely to exercise any right under subsection (1). (3) Nothing in this section shall be construed as preventing an employer from encouraging an employee to join a trade union which has negotiating rights in respect of that employee. (4) In this section - “appropriate time" means time which - (a)is outside the working hours of an employee; or b) is within the working hours of an employee and which, in accordance with arrangements with his employer, is consented to by, or on behalf of, the employer; “working hours" means any time when, under his contract of employment, an employee is required to be at work. (5)Any employer who fails to comply with subsection (2) shall commit an offence and shall, on conviction, be liable to imprisonment for a term not exceeding six months and to a fine not exceeding two thousand rupees. 50. Protection in unlawful actions. Notwithstanding anything in the rules of a trade union, no person who refuses to participate in, or otherwise to act in furtherance of, any strike or lock-out which is unlawful, or who refuses to take any other action which is unlawful, shall, by reason of the refusal be subject to - (a) expulsion from a trade union; (b) removal from office as an officer; (c) any fine or penalty imposed by a trade union; (d) deprivation of any right or benefit to which he or his legal personal representatives would otherwise be entitled; or e)any disability or disadvantage, whether direct or indirect, as compared with other members of the trade union. B - PROHIBITION OF CLOSED SHOP 51. Closed shop agreement to be void. (1)No employer shall enter into an agreement with a trade union which purports to - (a)preclude the employer from engaging an employee who is not a member of a trade union; (b) preclude the employer from engaging an employee who has not been recommended or approved by a trade union; c)require that one of the terms and conditions of employment of an employee shall be that that employee must become a member of a trade union. (2) Any person who has been refused employment and who claims that the refusal was attributable wholly or partly to a provision in an agreement as is specified in subsection (1), may apply to the Court for an order under subsection (3). 3) (3)   Where on an application under subsection (2) the Court finds – (a)that a provision in an agreement as is specified in subsection (1) is or was in force; and b)that the refusal to employ the applicant was wholly or partly attributable to that provision, the Court may order the employer to pay to the applicant such sum by way of compensation as the Court thinks just. PART VI - PROMOTION OF INDUSTRIAL RELATIONS A - CODE OF PRACTICE 52. Practical guidance for promotion of good industrial relations. (1)The Code of Practice set out in the Third Schedule shall - (a)provide practical guidance for the promotion of good promotion of industrial relations; (b) provide practical guidance for the grant of negotiating trial rights; c) assist employers and trade unions of employees to make effective collective agreements. (2)A failure on the part of any person to observe any provision of the Code of Practice shall not of itself render that person liable to proceedings of any kind. (3)In any proceedings under this Act any provision of the Code of Practice which appears to the Tribunal, the Commission or the Court to be relevant to any question arising in the proceedings shall be taken into account for the purpose of determining that question. B - REPRESENTATIONAL STATUS 53. Agreement for representational status. An employer and a trade union of employees may enter into an agreement whereby the employer recognises the representational status of the trade union in relation to his employees who are members of the trade union. 54. Order for representational status. (1)Subject to subsection (2), a trade union of employees which has been refused representational status by an employer employing any of the members of the union may apply to the Court for an order directing the employer to recognise the representational status of the trade union. 2)Where an application under subsection (l) relates to an employer in respect of whom the same trade union has previously made an application, the Court shall not consider the application unless - (a)it is made after one year from the date on which the Court decided the previous application; or (b) the applicant satisfies the Court that there has, since the previous application, been a change in circumstances sufficient to justify another application. (3)Subject to subsection (4), the Court may make an order under this section if it is satisfied that - a)the applicant has sufficient resources and is sufficiently well organised to effectively represent its members; (b)the grant of the application is not likely to affect adversely any existing or proposed collective agreement; and (c) the grant of the application is conducive to good industrial relations. (4)The Court shall not, unless it considers that there are exceptional circumstances, make an order under this section if the applicant - (a)has less than 100 members; or (b) has less than 5 members in the employment of the employer. 55. Revocation of order for representational status. Where there has been a change of circumstances which would justify the revocation of an order under section 54, the Court may, at the instance of an employer, revoke the order. C - RECOGNITION 56. Application to Commission (1)An application for the consideration of any question relating to the claim of a trade union of employees or a joint negotiating panel for negotiating rights may be made to the commission by the trade union or panel, or by the employer directly affected by the claim, or jointly by the trade union or the panel and the employer. 2)Subject to subsection (3), the Commission shall consider an application under subsection (1) if it is satisfied that a reference of the question to the Commission is necessary with a view to promoting a satisfactory settlement. (3) The Commission shall not consider an application under subsection (1) where it appears to the Commission that it is being invited to consider an order made by the Tribunal which is still in force or, in the case of an application which relates to a previous recommendation made by the Commission, if the application is made within one year of the date on which the previous recommendation was made. 7. Extension of scope of application. (1) Subject to subsection (2), where an application is made under section 56, the Commission may extend the scope of the application if, after hearing the parties on the proposed extension of the scope of the application, it appears to the Commission to be appropriate to do so in the interests of a satisfactory settlement of the question in issue. (2)The scope of an application shall not be extended to any employer who is not specified in the original application, unless that employer has been made a party to the proceedings. 8. Recommendation as regards recognition. (1)Subject to subsections (3) and (4), the commission shall make a recommendation on an application under section 56 and the recommendation may be made subject to such conditions as the Commission thinks fit. (2)The Commission may, in making a recommendation under subsection (1), require - (a)a trade union of employees recommended for recognition as a sole bargaining agent, or for inclusion in a joint negotiating panel, to make sufficient trained officers available for purposes of collective bargaining; or b) any trade union so recommended to undertake not to make or pursue any claim to be recognised as sole bargaining agent for any other bargaining unit consisting wholly or partly of employees of any employer to whom the recommendation relates. (3)Where at any time while an application under section 56 is under consideration by the Commission, it appears to the Commission that a satisfactory settlement of the question in issue has been reached by agreement of the parties, it may terminate consideration of the application and confine its recommendation to a record of the terms of the agreement and of the material circumstances surrounding it. 4)The Commission shall not recommend the recognition of a sole bargaining agent for a bargaining unit unless the Commission is satisfied that to effectively represent the bargaining unit - (a)the trade union of employees concerned or, in the case of a joint negotiating panel, each of the trade unions concerned has sufficient resources and is sufficiently well organised, and (b)the trade union of employees or the joint negotiating panel concerned is sufficiently supported by, or is acceptable to, the employees comprised in the bargaining unit. 5)Where the Commission makes a recommendation under this section, it shall publish, in such manner as it considers appropriate, the recommendation and the reasons therefor. 59. Enforcement of recommendation for recognition. (1) Subject to subsection (2), where the Commission has made a recommendation for the recognition by an employer of a sole bargaining agent, an application for an order to enforce the recommendation may be made to the Tribunal by the trade union of employees concerned or, in the case of a joint negotiating panel, any of the trade unions concerned, or the employer. 2) Except in the case of a recommendation which records an agreement between the parties, no application under subsection (1) shall be entertained by the Tribunal where it is made more than one year after the date on which the recommendation was made. (3) The Tribunal shall, when considering an application under subsection (1), take into account any change in the material circumstances which appears to the Tribunal to have occurred since the making of the ecommendation to which the application relates. (4) Before making an order on an application under subsection (1), the Tribunal may refer to the Commission, for investigation and report, any question material to the application. 60. Order for recognition. (1) Where the Tribunal makes an order on an application under section 59, the order shall - a) (a)   define the bargaining unit; b) (b)   specify the employer and the trade union or joint negotiating panel concerned; ) (c)   specify the duration of the order, which shall not exceed the period of 2 years beginning with the date of the recommendation to which the application relates; (d) declare that, while the order remains in force, the trade union of employees or joint negotiating panel concerned shall be recognised as sole bargaining agent; and (e)require the trade union of employees or joint negotiating panel and the employer concerned to meet at specified intervals or at such times and on such occasions as the circumstances may reasonably require for the purposes of collective bargaining. 2)The Tribunal may, at the instance of any party specified in the order, revoke or vary an order made under subsection (1) where it is satisfied that there has been a change of circumstances, or any default on the part of any party specified in the order, which is sufficient to justify the revocation or variation of the order. (3)The Tribunal may, in addition to any order it may make under this section, order the payment of compensation to a trade union by an employer if it is satisfied that the recommendation to which the application relates has not been put into effect or an order made by the Tribunal has not been coupled with. 1. Saving. (1)Nothing in this Part shall prevent the parties affected by a recommendation of the Commission under section 58 or an order of the Tribunal under section 60(l) from agreeing to vary the recommendation or order.

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