Page:Suppression of Communism Act 1950.pdf/4

---

Act No. 44 of 1950.

(3) The provisions of paragraphs (b), (c) and (d) of sub-section (2) shall not apply in relation to an employers’ organization or trade union registered under the Industrial Conciliation Act, 1937 (Act No. 36 of 1937), or to any employers’ organization or trade union whose registration under the said Act has been cancelled in terms of section fifteen of the said Act, until such organization or trade union or any office-bearer, officer or member thereof, has had a reasonable opportunity of exhausting, in respect of such cancellation, the remedies provided in sub-section (4) of section fifteen or section sixteen or seventy-seven of the said Act.

Consequences where organization declared to be unlawful.

3. (1) As from the date upon which an organization becomes an unlawful organization in terms of sub-section (1) of section two or a proclamation under sub-section (2) of the said section—

(a)

no person shall—

(i)

become, continue to be or perform any act as an office-bearer, officer or member of the unlawful organization; or

(ii)

carry or display anything whatsoever indicating that he is or was an office-bearer, officer or member of or in any way associated with the unlawful organization; or

(iii)

contribute or solicit anything as a subscription or otherwise, to be used directly or indirectly for the benefit of the unlawful organization; or

(iv)

in any way take part in any activity of the unlawful organization, or carry on in the direct or indirect interest of the unlawful organization, any activity in which it was or could have engaged at the said date;

(b)

all property (including all rights and documents) held by the unlawful organization or held by any person for the benefit of the unlawful organization, shall vest in a person to be designated by the Minister as the liquidator of the assets of the unlawful organization; and

(c)

the unlawful organization shall, if it is registered in any office, cease to be registered, and the officer in charge of the register shall remove its name therefrom.

(2) No proceedings shall after the expiration of a period of fourteen days from the date of a proclamation under sub-section (2) of section two be instituted in any court for an order declaring that proclamation invalid, and no court shall after the expiration of a period of twelve months from the date of any such proclamation have jurisdiction to pronounce upon the validity thereof.

(3) The liquidator shall be appointed on such conditions, and may be paid out of the assets of the unlawful organization such remuneration for his services, as the Minister may determine.

---