Section 29Part 6 — Miscellaneous
Misapplying property, etc., of a trade union
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If any officer, member or other person being or representing himself to be a member of a registered trade union, or the nominee, executor, administrator or assignee of a member thereof, or any person whatsoever, by false representation or imposition —
obtains possession of any moneys, securities, books, papers and other effects of such trade union;
having them in his possession, wilfully withholds or fraudulently misapplies them, or any part thereof; or
wilfully applies them, or any part thereof, to purposes other than those expressed or directed in the rules of such trade union,
any two Justices for the district in which the registered office of the trade union is situate or for the district where the offence had been committed, upon a complaint made by any person on behalf of such trade union, or by the Registrar, may by summary order, order such officer, member or other person to deliver up all such moneys, securities, books, papers or other effects to the trade union, or to repay the amount of money applied improperly, and in addition to pay, if the Court think fit, a fine of forty dollars, together with costs not exceeding two dollars and, in default of such delivery of effects, or repayment of such amount of money, or payment of such fine and costs, to imprisonment with hard labour for three months:
Provided that nothing herein contained shall prevent the said trade union from proceeding by indictment against such person:
Provided, however, that no person shall be proceeded against by indictment if a conviction has been previously obtained for such offence under this Law.