1
Trade Unions
LAWS OF MALAYSIA
REPRINT
Act 262
TRADE UNIONS ACT 1959
Incorporating all amendments up to 1 January 2006
PUBLISHED BY
THE COMMISSIONER OF LAW REVISION, MALAYSIA
UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968
IN COLLABORATION WITH
PERCETAKAN NASIONAL MALAYSIA BHD
2006
2
TRADE UNIONS ACT 1959
First enacted
... ... ... ... ...
1959 (F.M. Ordinance
No. 23 of 1959)
Revised
... ... ... ... ...
1981 (Act 262 w.e.f.
11 February 1982)
PREVIOUS REPRINTS
First Reprint
...
...
...
...
...
1968
Second Reprint ...
...
...
...
...
2000
3
LAWS OF MALAYSIA
Act 262
TRADE UNIONS ACT 1959
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
1.
Short title
2.
Interpretation
PART II
APPOINTMENT OF DIRECTOR GENERAL
AND OTHER OFFICERS
3.
Appointment of Director General
4.
Appointment of Deputy Director General and other officers
4A. Powers of Director General
5.
All officers to be public servants
6.
Protection of public servants
PART III
REGISTRATION
7.
Register of trade unions
8.
Necessity for registration
9.
Date of establishment of trade union
10.
Application for registration
11.
Temporary provisions relating to collection of funds
12.
Registration
13.
Certificate of registration
4
Laws of Malaysia
Section
14.
Power of Director General to call for further particulars
15.
Cancellation of registration
16.
Prohibition on activities during period of notice of intended cancellation
or determination of appeal
17.
Suspension of a branch of a trade union
18.
Power of the Minister to suspend a trade union
19.
Consequences of failure to register or of cancellation of registration
PART IV
RIGHTS AND LIABILITIES OF TRADE UNIONS
20.
Disabilities of unregistered union
21.
Immunity from civil suit in certain cases
22.
Liability in tort
23.
Liability in contract
24.
Objects in restraint of trade not unlawful in case of registered trade
union
25.
Proceedings by and against trade unions
25A. Strikes and lock-outs
PART V
CONSTITUTION
26.
Membership of minors
27.
Membership of public officers and employees of statutory authorities
28.
Officers
29.
Employees of a trade union
30.
Power of Minister in relation to sections 28 and 29
31.
Change of name
32.
Amalgamation
33.
Transfer of engagements
34.
Notice of change of name or amalgamation
35.
(Deleted)
36.
Effect of change of name or amalgamation
37.
Registered office
5
Trade Unions
Section
38.
Rules
39.
(Deleted)
40.
Secret ballot
41.
Notification of changes of officers and employees
42.
Notification of dissolution
43.
Trustees
PART VI
DISPUTES
44.
Decision of disputes
45.
Powers of the Court and Director General in relation to disputes
46.
Interpretation of "dispute" for the purpose of this Part
PART VII
PROPERTY
47.
All property vested in trustees
48.
Devolution of property
49.
Investment of funds
PART VIII
FUNDS AND ACCOUNTS
50.
Application of funds
51.
Prohibition of payment of fines or penalties
52.
Prohibition of use of funds for political objects
53.
Injunction to restrain misuse of funds
54.
Preservation of funds of registered trade union
55.
Duty to render accounts
56.
Annual returns to be prepared as Director General may direct
57.
Keeping and inspection of accounts and records
PART IX
REGULATIONS
58.
Regulations
6
ACT 262
Laws of Malaysia
PART X
OFFENCES AND PENALTIES
Section
59.
Acts done prior to registration
60.
Misuse of money or property of a registered trade union
61.
Supplying false information regarding trade unions
62.
Failure to submit returns
63.
General penalty
64.
Prosecution and power to enter premises
65.
Saving of offences under other written law
PART XI
MISCELLANEOUS
66.
Act not to affect certain agreements or authorize action outside rules
67.
Legislation relating to societies and companies not applicable to trade
unions
68.
Service of legal process
69.
Notification in the Gazette
70.
Inspection, production and evidence of documents of the Director General
71.
Power of Director General to summon witnesses
71A. Appeal to Minister
PART XII
FEDERATION OF TRADE UNIONS
72.
Formation of federation of trade unions
73.
Registration of federation of trade unions
74.
Affiliation with registered federation of trade unions
75.
Provisions and penalties applicable to federation of trade unions
76.
Decisions by secret ballot
PART XIIA
CONSULTATIVE BODIES
76A. Restriction on the formation of or affiliation with consultative or similar
bodies.
7
Trade Unions
Section
76B. Application for permission to form or affiliate with consultative bodies
76C. Power of Director General to withdraw permission or declare affiliation
invalid
76D. Duty to inform the Director General of appointment to an office or
employment in consultative bodies
76E. Application of Societies Act 1966 to consultative body
76F. Interpretation of consultative or similar body
PART XIII
TRANSITORY PROVISIONS AND REPEAL
77.
Transitory provisions relating to existing trade unions
78.
Transitory provisions relating to existing federations
79.
Repeal
FIRST SCHEDULE
SECOND SCHEDULE--Deleted
THIRD SCHEDULE
8
ACT 262
Laws of Malaysia
9
Trade Unions
LAWS OF MALAYSIA
Act 262
TRADE UNIONS ACT 1959
An Act relating to trade unions.
[Peninsular Malaysia -- 1 June 1959, L.N. 192/1959;
Sabah -- 25 March 1965, L.N. 115/1965;
Sarawak -- 19 August 1965, L.N. 311/1965]
PART I
PRELIMINARY
Short title
1.
This Act may be cited as the Trade Unions Act 1959.
Interpretation
2. (1) In this Act, unless the context otherwise requires or it is
otherwise expressly provided--
"Director General" means the Director General of Trade Unions
appointed under section 3, and includes a Deputy Director General,
a Director, an Assistant Director of Trade Unions, and a Trade
Unions Officer, appointed under section 4;
"Director General for Industrial Relations" means Director General
as appointed under subsection 2A(1) of the Industrial Relations
Act 1967 [Act 177];
"employee", when used with reference to a trade union or political
party means any person who is engaged for hire or reward on a
full-time or part-time basis;
"employer" means any person or body of persons, whether
corporate or unincorporate, who employs a workman, and includes
the Government and any statutory authority;
10
ACT 262
Laws of Malaysia
"establishment" means any place of business or employment
belonging to an employer and includes any division or branch
thereof;
"executive" means the body, by whatever name called, to which
the management of the affairs of a trade union or of any branch
thereof is entrusted;
"funds", when used in relation to the funds of a trade union
includes all moneys collected or received by the trade union or any
branch thereof from any source, including the proceeds of any
investment or other thing done under subsection 49(1);
"Government" means the Federal Government or the Government
of a State;
"lock-out" means--
(a) the closing of a place of employment;
(b) the suspension of work; or
(c) the refusal by an employer to continue to employ any
number of workmen employed by him,
in furtherance of a trade dispute, done with a view to compelling
those workmen to accept terms or conditions of or affecting
employment;
"Minister" means the Minister charged with responsibility for
labour;
"office-bearer", when used with reference to a political party,
means any person who is the president, vice-president, secretary,
assistant secretary, treasurer or assistant treasurer of the political
party, or who holds any office or position, by whatever name
called, which is analogous to any of those mentioned above, or
who holds any office or position in the political party whereby he
exercises management or control of the affairs of the political
party;
"officer", when used with reference to a trade union, means any
member of the executive thereof, but does not include an auditor;
11
Trade Unions
*"Peninsular Malaysia" has the meaning assigned thereto in section 3
of the Interpretation Acts 1948 and 1967 [Act 388], and includes
the Federal Territory;
"public officer" means a person in the permanent or temporary
employment of any Government in Malaysia;
"register" means the register of trade unions maintained by the
Director General under section 7;
"registered office" means that office of a trade union which is
registered under this Act as the head office of the trade union;
"registered trade union" means a trade union registered under
this Act;
"regulations" means regulations made under section 58;
"statutory authority" means any authority or body established,
appointed or constituted by any written law, and includes any local
authority;
"strike" means the cessation of work by a body of workmen
acting in combination, or a concerted refusal or a refusal under a
common understanding of a number of workmen to continue to
work or to accept employment, and includes any act or omission
by a body of workmen acting in combination or under a common
understanding, which is intended to or does result in any limitation,
r e s t r i c t i o n , reduction or cessation of, or dilatoriness in, the
performance or execution of the whole or any part of the duties
connected with their employment;
"trade dispute" means any dispute between an employer and his
w o r k m e n which is connected with the employment or non-
employment or the terms of employment or the conditions of work
of any such workmen;
"trade union" or "union" means any association or combination
of workmen or employers, being workmen whose place of work
is in Peninsular Malaysia, Sabah or Sarawak, as the case may be,
or employers employing workmen in Peninsular Malaysia, Sabah
or Sarawak, as the case may be--
(a) within any particular establishment, trade, occupation or
industry or within any similar trades, occupations or
industries;
*NOTE--"Federal Territory" refers to the Federal Territories of Kuala Lumpur and Labuan are
included­see P.U. (A) 274/1984.
12
ACT 262
Laws of Malaysia
(b) whether temporary or permanent; and
(c) having among its objects one or more of the following
objects:
(i) the regulation of relations between workmen and
employers for the purposes of promoting good
i n d u s t r i a l relations between workmen and
employers, improving the working conditions of
workmen or enhancing their economic and social
status, or increasing productivity;
(ia) the regulation of relations between workmen and
workmen, or between employers and employers;
(ii) the representation of either workmen or employers
in trade disputes;
(iiA) the conducting of, or dealing with, trade disputes
and matters related thereto; or
(iii) the promotion or organization or financing of strikes
or lock-outs in any trade or industry or the provision
of pay or other benefits for its members during a
strike or lock-out;
"trustees" means the trustees appointed under the rules of a
registered trade union made in accordance with section 43;
"workman" means any person, including an apprentice, employed
by an employer under a contract of employment to work for hire
or reward and for the purposes of any proceedings in relation to
a trade dispute includes any such person who has been dismissed,
discharged or retrenched in connection with or as a consequence
of that dispute or whose dismissal, discharge or retrenchment has
led to that dispute.
(2) For the purposes of the definition of "trade union" in subsection
(1) and for the purposes of sections 32, 33, 72 and 74, "similar"
means similar in the opinion of the Director General.
13
Trade Unions
PART II
APPOINTMENT OF DIRECTOR GENERAL AND OTHER
OFFICERS
Appointment of Director General
3.  The Yang di-Pertuan Agong shall appoint a Director General
of Trade Unions who shall have the general supervision, direction
and control of all matters relating to trade unions throughout Malaysia.
Appointment of Deputy Director General and other officers
4. (1) The Yang di-Pertuan Agong may appoint one or more Deputy
Director Generals, Directors and Assistant Directors of Trade Unions,
Trade Unions Officers and such other officers as may from time
to time be required for the purposes of this Act.
(2) Subject to such limitations, if any, as may be prescribed by
regulations, any Director General appointed under subsection (1)
shall perform all the duties and functions imposed and may exercise
all the powers conferred upon the Director General under this Act,
and every duty and function so performed and power so exercised
shall be deemed to have been duly performed and exercised for
the purposes of this Act.
Powers of Director General
4A.  In addition to the powers, duties and functions conferred on
the Director General by this Act and any regulations, the Director
General shall have and may exercise all such powers, discharge
all such duties and perform all such functions as may be necessary
for the purposes of giving effect to and carrying out the provisions
of this Act.
All officers to be public servants
5.  All officers appointed under sections 3 and 4 shall be deemed
to be public servants for the purposes of the Penal Code [Act 574].
14
ACT 262
Laws of Malaysia
Protection of public servants
6.  No suit shall lie against any public servant for anything done
or omitted to be done by him in good faith without negligence and
in intended exercise of any power or performance of any duty
provided or imposed by this Act.
PART III
REGISTRATION
Register of trade unions
7. (1) The Director General shall keep and maintain in such form
as may be prescribed, a register of trade unions in which shall be
registered--
(a) the prescribed particulars relating to any registered trade
union;
(b) any alteration or change which may from time to time be
effected in such particulars; and
(c) all such other matters as may be required to be registered
therein under this Act.
(2) A certified copy of any entry in the register shall be conclusive
proof of the facts specified therein as on the date of such certified
copy.
Necessity for registration
8. (1) Every trade union established after the commencement of
this Act shall apply to be registered under this Act within a period
of one month reckoned from the date on which it is so established.
(2) The Director General may, if he thinks fit, from time to time
grant an extension of the period specified in subsection (1):
Provided that such period shall not in any particular case, be so
extended as to exceed a period of six months in the aggregate.
15
Trade Unions
Date of establishment of trade union
9. (1) For the purposes of this Act, a trade union is established
on the first date on which any workmen or employers agree to
become or to create an association or combination within any
particular establishment, trade, occupation or industry, and whether
temporary or permanent, for the furtherance of any one or more
of the objects specified in the definition of a trade union in
section 2.
(2) For the purpose of prosecuting any trade union which fails
to apply for registration under section 8, the date of establishment
of that trade union shall, in the absence of proof of the date
referred to in subsection (1), be deemed to be--
(a) the date on which any person is proved to have been
accepted or admitted as a member of that trade union; or
(b) the date on which any act is proved to have been done
by that trade union in furtherance of any one or more of
the objects specified in the definition of a trade union in
section 2;
and in a case where proof is available of both the dates referred
to in paragraphs (a) and (b), the earlier of such dates shall be
deemed to be the date of the establishment of that trade union.
Application for registration
10. (1) Every application for registration of any association,
combination or society as a trade union shall be made to the
Director General in the prescribed form, and shall be signed by
at least seven members of the union, any of whom may be officers
thereof.
(2) Every application under subsection (1) shall be accompanied
by such fee as may be prescribed, and by a printed copy of the
rules of the trade union signed by the members of the trade union
making the application and a statement of the following particulars,
namely:
(a) the names, occupations and addresses of the members
making the application;
(b) the name of the trade union and the address of its head
office; and
16
ACT 262
Laws of Malaysia
(c) the titles, names, ages, addresses and occupations of the
officers of the trade union, and such other information
regarding such officers as the Director General may in
any particular case require to be furnished.
Temporary provisions relating to collection of funds
11.  Between the date of establishment of a trade union under
section 9 and the date of any certificate issued under section 13
or the date of the receipt by the person or persons making the
application of notice in writing from the Director General that the
trade union has been refused registration, as the case may be, no
person shall organize or take part in any collection of money or
other property for or on behalf of such trade union without the
prior written permission of the Director General and subject to
such conditions as may be specified by the Director General.
(2) & (3) (Deleted by Act A90).
Registration
12. (1) The Director General may, upon receiving any application
under section 10, and subject to this section, register the trade
union in the prescribed manner.
(2) The Director General may refuse to register a trade union
in respect of a particular establishment, trade, occupation or industry
if he is satisfied that there is in existence a trade union representing
the workmen in that particular establishment, trade, occupation or
industry and it is not in the interest of the workmen concerned that
there be another trade union in respect thereof.
(3) The Director General shall refuse to register a trade union
if--
(a) he is of the opinion that the trade union is likely to be
used for unlawful purposes or for purposes contrary to
or inconsistent with its objects and rules;
(b) any of the objects of the trade union is unlawful;
(c) he is not satisfied that the trade union has complied with
this Act and of the regulations;
17
Trade Unions
(d) he is satisfied that the objects, rules, and constitution of
the trade union conflict with any of the provisions of this
Act or of any regulations; or
(e) the name under which the trade union is to be registered
is--
(i) identical to that of any other existing trade union,
or so nearly resembles the name of such other
trade union as, in the opinion of the Director General,
is likely to deceive the public or the members of
either trade union; or
(ii) in the opinion of the Director General, undesirable,
unless the trade union alters its name to one acceptable
to the Director General.
Certificate of registration
13.  The Director General, on registering a trade union under
section 12 shall issue to the trade union a certificate of registration
in the prescribed form and that certificate, unless proved to have
been cancelled or withdrawn, shall be conclusive evidence for all
purposes that the trade union has been duly registered under this
Act.
Power of Director General to call for further particulars
14.  The Director General may call for further information for the
purpose of satisfying himself that any application complies with
this Act and of any regulations made thereunder or that the trade
union is entitled to registration under this Act.
Cancellation of registration
15. (1) A certificate of registration of a trade union may be cancelled
or withdrawn by the Director General--
(a) at the request of the trade union upon its dissolution to
be verified in such manner as the Director General may
require; or
(b) if he is satisfied--
(i) that the certificate of registration was obtained or
issued by fraud or mistake;
18
ACT 262
Laws of Malaysia
(ii) that any one of the objects or rules of the trade
union is unlawful;
(iii) that the constitution of the trade union or of its
executive is unlawful;
(iv) that the union has been or is being or is likely to
be used for any unlawful purpose or for any purpose
contrary to its objects or rules;
(v) that the trade union has contravened any provision
of this Act or of any regulations made thereunder,
or of any of its rules, or allowed any rule to continue
in force which is inconsistent with any such
provision, or has rescinded any rule providing for
any matter for which provision is required by
section 38;
(vi) that the funds of the trade union are or have been
expended in an unlawful manner or on an unlawful
object or on an object not authorized by the rules
of the union; or
(vii) that the trade union has ceased to exist.
(2) Where two or more registered trade unions exist in a particular
establishment, trade, occupation or industry, as the case may be,
the Director General may, if he is satisfied that it is in the interest
of the workmen in that establishment, trade, occupation or industry
so to do--
(a) cancel the certificate of registration of the trade union or
trade unions other than the trade union which has the
largest number of workmen in the said establishment,
trade, occupation or industry as its members; or
(b) issue an order requiring the trade union or trade unions
other than the trade union which has the largest number
of workmen in the said establishment, trade, occupation
or industry as its members to remove from the membership
r e g i s t e r those members as are employed in that
establishment, trade, occupation or industry and thereafter
the trade union or trade unions so ordered shall not enrol
a s members workmen in that establishment, trade,
occupation or industry, except with the permission in
writing of the Director General; an order under this
paragraph shall have full force and effect notwithstanding
any provision of the rules of the trade unions concerned.
19
Trade Unions
(2A) Where the Director General proposes to cancel or withdraw
the certificate of registration of any trade union under paragraph
(1)(b) or paragraph (2)(a), he shall give to the trade union not less
than thirty days previous notice in writing specifying the ground
on which it is proposed to cancel or withdraw its certificate of
registration before such certificate is cancelled or withdrawn.
(2B) Where the Director General proposes to issue an order to
any trade union under paragraph (2)(b), he shall prior to the issue
of such order, notify the trade union of his intention to do so, and
shall give it an opportunity to submit such representations as it
may wish to make against such order being issued.
(3) A trade union served with a notice under subsection (2A)
may, at any time within the period of thirty days reckoned from
the date of such notice, show cause in writing against the proposal
to cancel its certificate of registration; and, if such cause is shown,
the Director General may hold such enquiry as he may consider
necessary in the circumstances.
(4) The Director General may, after the expiration of the period
of thirty days referred to in subsection (3), cancel the certificate
of registration of any trade union which has failed duly to show
cause under that subsection, or which, having so shown cause, has
failed to satisfy him that its certificate of registration should not
be cancelled.
(5) An order made by the Director General under this section
cancelling the certificate of registration of any trade union shall
be dated as on the date on which it was made, shall specify briefly
the grounds for the cancellation of the certificate of registration
and shall forthwith be served on the trade union affected thereby.
(6) (Deleted by Act A483).
Prohibition on activities during period of notice of intended
cancellation or determination of appeal
16. (1) The Director General may, on or after the giving of any
notice referred to in subsection 15(2A), order that any trade union
to which such notice is addressed shall be prohibited from carrying
on such activities as he may specify in such order for such period
as may be specified in such order.
20
ACT 262
Laws of Malaysia
(2) A notification of every order made under this section shall
be published in the Gazette and a copy of the order shall be served
on the trade union concerned or shall be affixed in a conspicuous
manner on any building occupied by such trade union and at the
nearest police station of the police district in which such building
exists.
Suspension of a branch of a trade union
17. (1) The Director General may, if he is satisfied that a branch
of a trade union has contravened the provisions of this Act or the
rules of the union, by order direct the suspension of such branch.
(2) The order of suspension made under subsection (1)--
(i) may contain such directions as the Director General may
consider expedient; and
(ii) shall be deemed to be duly served if it is delivered at the
registered office of the trade union or if it is served
personally on any officer of the branch.
(3) The order of suspension may at any time be revoked by the
Director General.
(4) Until the order of suspension is revoked by the Director
General, the branch of the trade union in respect of which the order
of suspension is made, shall be prohibited from carrying on any
activity, except as may be specified in the order of suspension.
Power of the Minister to suspend a trade union
18. (1) Notwithstanding anything in this Act, it shall be lawful
for the Minister in his absolute discretion, but with the concurrence
of the Minister responsible for internal security and public order,
by order published in the Gazette to suspend for a period not
exceeding six months any trade union, or any class or description
of trade unions, which in his opinion is, or is being, used for
purposes prejudicial to or incompatible with, the interests of the
security of, or public order in, Malaysia or any part thereof.
(2) Where in the opinion of the Minister the exigencies of the
situation so require, the Minister may bring such order into force
immediately upon its being made and before its publication in the
Gazette, but after publicising it in such manner as the Minister
thinks fit.
21
Trade Unions
(3) Where the Minister makes an order under subsection (1) he
may, either at the time of making the order or at any time subsequently
thereto, give such directions of an ancillary or consequential nature
or otherwise, as he may deem necessary or expedient, including
directions in respect of any matter or proceeding before any authority,
in relation to the trade union, under this Act or any other written
law.
(4) A direction given under subsection (3)--
(a) may at any time be varied or revoked as the Minister
deems necessary or expedient; and
(b) shall be valid and have full force and effect notwithstanding
a n y t h i n g inconsistent therewith or contrary thereto
contained in this Act.
(5) An order under subsection (1) may at any time be varied
or revoked by the Minister.
(6) Subject to any direction given by the Minister under subsection
(3), until an order of suspension is revoked by the Minister--
(a) the certificate of registration of the trade union in respect
of which the order of suspension is made shall cease to
have effect and the trade union shall cease to enjoy any
of the rights, immunities and privileges of a registered
trade union;
(b) the trade union shall be prohibited from carrying on any
activity whatsoever; and
(c) no person shall take any part in its management or
organization, or act or purport to act on behalf of the
union or as an officer of the union.
(7) An order or direction of the Minister under this section shall
be final and conclusive.
(8) Any person who contravenes subsection (6) or any direction
given under subsection (3) shall be guilty of an offence and shall,
on conviction, be liable to a fine not exceeding three thousand
ringgit, or to imprisonment for a term not exceeding three years,
or to both.
22
ACT 262
Laws of Malaysia
Consequences of failure to register or of cancellation of
registration
19.  If any trade union does not apply for registration in due time,
or if the registration of any trade union is refused, withdrawn or
cancelled, then--
(a) the trade union shall be deemed to be an unlawful
association and shall cease to enjoy any of the rights,
immunities, or privileges of a registered trade union, but
without prejudice to any liabilities incurred or to be incurred
by the trade union which may be enforced against the
union and its assets;
(b) the trade union shall not, nor shall any of its officers,
members or agents on behalf of the union, take part in
any trade dispute or promote, organize or finance any
strike or lock-out, or provide pay or other benefits for its
members during a strike or lock-out;
(c) the trade union shall be dissolved and its funds
disposed of in such manner as may be prescribed and,
subject thereto, in accordance with the rules of the union;
and
(d) no person shall, except for the purpose of dissolving the
union and disposing of its funds in accordance with the
rules or for the purpose of an appeal under section 71A
against such refusal, withdrawal or cancellation, take any
part in its management or organization, or act or purport
to act on behalf of the union or as an officer of the union.
PART IV
RIGHTS AND LIABILITIES OF TRADE UNIONS
Disabilities of unregistered union
20.  A trade union shall not enjoy any of the rights, immunities
or privileges of a registered trade union unless it is registered.
23
Trade Unions
Immunity from civil suit in certain cases
21.  No suit or other legal proceeding shall be maintainable in
any civil court against any registered trade union or any officer
or member thereof in respect of any act done in contemplation or
in furtherance of a trade dispute to which a member of the trade
union is a party on the ground only that such act induces some
other person to break a contract of employment, or that it is an
interference with the trade, business or employment of some other
person or with the right of some other person to dispose of his
capital or of his labour as he wills.
Liability in tort
22. (1) A suit against a registered trade union or against any
members or officers thereof on behalf of themselves and all other
members of the trade union in respect of any tortious act alleged
to have been committed by or on behalf of the trade union shall
not be entertained by any court.
(2) Nothing in this section shall affect the liability of a trade
union or any trustee or officers thereof to be sued in any court
touching or concerning the specific property or rights of a trade
union or in respect of any tortious act arising substantially out of
the use of any specific property of a trade union except in respect
of an act committed by or on behalf of the trade union in contemplation
or furtherance of a trade dispute.
Liability in contract
23.  Every registered trade union shall be liable on any contract
entered into by it or by an agent acting on its behalf:
Provided that a trade union shall not be so liable on any contract
which is void or unenforceable at law.
Objects in restraint of trade not unlawful in case of registered
trade union
24.  The objects of a registered trade union shall not, by reason
only that they are in restraint of trade be deemed to be unlawful
so as to render any member of such trade union liable to criminal
prosecution for conspiracy or otherwise or to render void or voidable
any agreement or trust.
24
ACT 262
Laws of Malaysia
Proceedings by and against trade unions
25. (1) A registered trade union may sue and be sued and be
prosecuted under its registered name.
(2) An unregistered trade union may be sued and prosecuted
under the name by which it has been operating or is generally
known.
(3) A trade union whose registration has been cancelled or
withdrawn may be sued and prosecuted under the name by which
it was registered.
(4) Execution for any money recovered from a trade union in
civil proceedings may issue against any property belonging to or
held in trust for the trade union other than the benevolent fund of
a registered trade union.
(5) Any fine ordered to be paid by a trade union may be recovered
by distress and sale of any movable property belonging to or held
in trust for the trade union in accordance with any written law
relating to criminal procedure.
(6) In any civil or criminal proceedings in which a registered
trade union is a party such trade union may appear in such proceedings
by anyone of its officers or by an advocate and solicitor.
Strikes and lock-outs
25A. (1) No trade union of workmen shall call for a strike, and
no member thereof shall go on strike, and no trade union of employers
shall declare a lock-out--
(a) in the case of a trade union of workmen, without first
obtaining the consent by secret ballot of at least two-
thirds of its total number of members who are entitled
to vote and in respect of whom the strike is to be called;
and in the case of a trade union of employers, without
first obtaining by secret ballot the consent of at least two-
thirds of its total number of members who are entitled
to vote;
(b) before the expiry of seven days after submitting to the
Director General the results of such secret ballot in
accordance with subsection 40(5);
25
Trade Unions
(c) if the secret ballot for the proposed strike or lock-out has
become invalid or of no effect by virtue of subsection
40(2),(3), (6) or (9);
(d) in contravention of, or without complying with, the rules
of the trade union;
(e) in respect of any matter covered by a direction or decision
of the Minister given or made in any appeal to him under
this Act; or
(f) in contravention of, or without complying with, any other
provision of this Act or any provision of any other written
law.
(2) Any trade union which, and every member of its executive
who, commences, promotes, organizes or finances any strike or
lock-out which is in contravention of subsection (1) shall be guilty
of an offence and shall, on conviction, be liable to a fine not
exceeding two thousand ringgit, or to imprisonment for a term not
exceeding one year, or to both, and a further fine of one hundred
ringgit for every day during which such offence continues.
(3) Any member of a trade union of workmen who commences,
participates in, or otherwise acts in furtherance of, any strike
which is in contravention of subsection (1) shall forthwith cease
to be a member of the trade union, and thereafter such member
shall not be eligible to become a member of any trade union except
with the prior approval of the Director General in writing; and the
trade union of which he has so ceased to be a member shall
forthwith--
(a) remove the name of such member from its membership
register;
(b) inform the Director General and the member concerned
of such removal; and
(c) exhibit conspicuously in its registered office in a place
where it may be easily read a list of members whose
names are so removed.
(4) The Director General may, where he is satisfied that subsection
(1) has been contravened by any person and the trade union concerned
has failed to carry out the provisions of subsection (3), or where
there is undue delay in so doing, after such investigation as he
deems necessary, order the trade union to remove forthwith the
names of the members concerned from its membership register.
26
ACT 262
Laws of Malaysia
(5) The satisfaction of the Director General under subsection
(4) that subsection (1) has been contravened by any person may
be arrived at regardless as to whether or not there is any prosecution
of any person for contravention of the said subsection(1).
(6) Any registered trade union which, and every member of its
executive who, fails to comply with subsection (3) or with an order
of the Director General under subsection (4) shall be guilty of an
offence and shall, on conviction, be liable to a fine not exceeding
one thousand ringgit, and a further fine of one hundred ringgit for
every day during which such offence continues.
(7) In every proceedings for an offence under this section the
onus of proving that the requirements specified in subsection (1)
have been complied with shall be on the trade union, the member
of its executive or the member of the trade union, as the case may
be.
PART V
CONSTITUTION
Membership of minors
26. (1) Subject to the provisions of this Act, a person under the
age of twenty-one, but above the age of sixteen, may be a member
of a registered trade union, unless provision be made in the rules
thereof to the contrary, and may, subject to the rules of the trade
union, enjoy all the rights of a member except as here in provided,
and execute all instruments and give all acquittances necessary to
be executed or given under the rules, but shall not be a member
of the executive or a trustee of a registered trade union:
Provided that no person for whom education is provided in any
school, polytechnic, college, university, university college, or any
other institution providing education, established by or under any
written law, shall join or be a member of or be accepted or retained
as a member by any trade union, unless he is--
(a) bona fide employed as a workman; and
(b) over the age of eighteen years.
27
Trade Unions
(1A) No person shall join, or be a member of, or be accepted
or retained as a member by, any trade union if he is not employed
or engaged in any establishment, trade, occupation or industry in
respect of which the trade union is registered.
(1B) For the purpose of subsection (1A), any person who is
employed by a trade union as a member of its executive under
paragraph (a) of the proviso to subsection 29(1) shall be deemed
to be employed or engaged in the establishment, trade, occupation
or industry concerned.
(2) A member of a trade union who has not attained the age of
eighteen years shall not be entitled to vote on any of the following
matters:
(a) strikes and lock-outs and all matters relating thereto;
(b) the imposition of a levy;
(c) dissolution of the trade union or of the federation with
which it is connected;
(d) amendment of the rules of the trade union where such
amendment results in increasing the liability of the members
to contribute or in decreasing the benefits to which members
are entitled.
(3) Where a trade union of workmen has served a claim for
recognition under the Industrial Relations Act 1967 [Act 177], the
Director General may, at the request of the Director General for
Industrial Relations, carry out a membership check in such manner
as may be prescribed by regulations in order to ascertain the
percentage of workmen or any class of workmen, in respect of
whom recognition is being sought, who are members of the union
making the claim.
Membership of public officers and employees of statutory
authorities
27. (1) Subject to subsection (2), no public officer shall join or
be a member of any trade union or shall be accepted as a member
of any trade union.
28
ACT 262
Laws of Malaysia
(2) The Yang di-Pertuan Agong may by notification in the Gazette
exempt from the provisions of subsection (1), either wholly or
subject to such conditions as may be specified in such notification,
any public officers or any category, class or description of public
officers other than--
(a) members of the Royal Malaysian Police;
(b) members of any prison service;
(c) members of the Armed Forces;
(d) public officers engaged in a confidential or security
capacity;
(e) public officers who are prohibited under any written
law from forming or being members of a trade union;
and
(f) public officers holding any post in the Managerial and
Professional Group, except such public officers, or such
class, category or description of public officers in such
Group, as are excluded from the operation of this paragraph
by a direction in writing issued by the Chief Secretary
to the Government.
(3) (a) No person employed by a statutory authority shall join
or be a member of, or be accepted as a member by any trade union
unless the membership of that trade union is confined exclusively
to persons employed by that particular statutory authority.
(aa) Notwithstanding paragraph (3)(a), any person employed
by a statutory authority who--
(i) holds any post in the Managerial and Professional Group
or the equivalent thereof, shall not join, or be a member
of, or be accepted or retained as a member by, any trade
union, except such of these persons, or such class, category
or description of these persons, as are excluded from the
operation of this subparagraph by a direction in writing
issued by the Chief Secretary to the Government; or
(ii) is engaged in a confidential or security capacity shall not
join, or be a member of, or be accepted or retained as a
member by, any trade union.
29
Trade Unions
(b) Any trade union whose membership is confined to persons
employed by a statutory authority shall not be affiliated to any
other trade union or any federation of trade unions whose membership
is not otherwise so confined:
Provided that any such trade union may, after obtaining the
written approval of the Minister, affiliate with a registered federation
of trade unions comprising trade unions of public officers.
(bb) Notwithstanding paragraph (3)(b), two or more trade unions
of workmen employed by statutory authorities, other than workmen
employed by local authorities, may, with the approval of the Minister
and subject to the provisions of Part XII, form or create a federation
of trade unions.
(c) For the purpose of this subsection the persons appointed to
serve and serving in an institution or at a place or under a body
or person specified in the first column of the Third Schedule shall
be deemed to be persons employed by the authority or body specified
in relation to such institution, place or person in the second column
of that Schedule, and such authority or body shall be deemed to
be a statutory authority.
(d) The Minister may by order add to, delete from or amend the
Third Schedule.
(4) Notwithstanding subsection (3), but subject to paragraph
(aa) thereof--
(a) employees of a financially autonomous local authority
may join or be members of a trade union whose membership
is confined exclusively to employees of one or more such
financially autonomous local authorities;
(b) employees of statutory authorities other than employees
of local authorities may with the approval of the Minister
join or be members of a trade union whose membership
is confined exclusively to employees of one or more
financially autonomous local authorities.
(5) Any question under subsection (2) or (3) as to whether a
person is engaged in a confidential or security capacity shall be
decided by the Chief Secretary to the Government.
30
ACT 262
Laws of Malaysia
(6) Any person or a group of persons who have sought a direction
of the Chief Secretary to the Government under paragraph (2)(f)
or under subparagraph (3)(aa) (i), and have failed to obtain such
direction, or any person dissatisfied with any decision of the Chief
Secretary to the Government under subsection (5), may, within
thirty days of the failure to obtain such direction, or of such
decision, as the case may be, appeal to the Minister responsible
for public services, whose decision thereon shall be final and
conclusive.
(7) Any person who, immediately before the commencement of
this subsection, is a member of a trade union but is disqualified
from being a member thereof by virtue of paragraphs (2)(a) to (f),
or by virtue of paragraph (3)(aa), shall cease to be a member
thereof upon the expiry of six months after the commencement of
this subsection, save that--
(a) in the case of a person to whom paragraph (2)(f) applies,
such person shall not cease to be a member thereof if
within such period of six months he obtains the direction
of the Chief Secretary to the Government under the said
paragraph (f) and is exempted by a notification of the
Yang di-Pertuan Agong under subsection (2); and
(b) in the case of a person to whom subparagraph (3)(aa)
applies such person shall not cease to be a member thereof
if within such period of six months he obtains the direction
of the Chief Secretary to the Government under the said
subparagraph (i):
Provided that where any such person is an officer of his trade
union, he may continue to remain a member of such trade union
until the expiry of the term of his office, or until he otherwise
earlier ceases to hold such office, if the term of his office extends
beyond the said period of six months.
(8) (a) In this section "Managerial and Professional Group"
means the Kumpulan Pengurusan dan Iktisas referred to in paragraph
7.2 of either Pekeliling Perkhidmatan Bil. 2 Tahun1977 or Pekeliling
Perkhidmatan Bil. 4 Tahun 1977 (both dated the 31 March 1977)
or in paragraph 8.2 of either Pekeliling Perkhidmatan Bil. 1 Tahun
1978 or Pekeliling Perkhidmatan Bil. 2 Tahun 1978 (both dated
the 12 April 1978) issued by the Jabatan Perkhidmatan Awam,
Malaysia, or, when used with reference to persons employed by
31
Trade Unions
a statutory authority, it means any group of persons corresponding
to those referred to in the said paragraph 7.2 or the said paragraph
8.2 of the said Pekeliling-pekeliling, as the case may be.
(b) The Minister responsible for public services may, from time
to time, by notification in the Gazette, amend the definition of
"Managerial and Professional Group" set out in this subsection.
Officers
28. (1) A person shall not act as a member of the executive of
a trade union or any branch thereof, or of any federation of trade
unions, and shall be disqualified for election as such member, if--
(a) he is not a citizen of the Federation;
(b) he has not been engaged or employed for a period of at
least one year in any establishment, trade, occupation or
industry with which the trade union or federation is
connected;
(c) he has been a member of the executive of any trade union
the registration of which has been cancelled or withdrawn
under subparagraph 15(1)(b)(iv), (v) or (vi) or under any
law repealed by this Act;
(c1) he is an office-bearer or employee of a political party;
(d) he has been convicted by any court of law of criminal
breach of trust, extortion or intimidation, or of any offence
which in the opinion of the Director General renders him
unfit to be an officer of a trade union; or
(e) he is a bankrupt:
Provided that paragraphs (a) and (b) shall not apply in the case
of a union which, in the opinion of the Minister, is required by
its objects to represent persons or the interests of persons who are
not resident in Peninsular Malaysia, Sabah or Sarawak, as the case
maybe.
(2) Where the Director General certifies in writing to the executive
of a trade union or a federation of trade unions that any person
who is a member of the executive of that union or federation is
disqualified from being a member of such executive, specifying
in such certification the grounds on which such person is so
disqualified, such person shall immediately thereupon cease to be
a member of such executive.
32
ACT 262
Laws of Malaysia
Employees of a trade union
29. (1) A registered trade union may, subject to subsection (2)
and of the rules of such union, employ and pay a secretary, treasurer
and such other persons as may be necessary for the purposes of
such union or of any federation of trade unions to which the union
belongs:
Provided that no employee of such union other than--
(a) the holder of a full-time office as secretary, assistant
secretary, treasurer or assistant treasurer who is elected
in accordance with the rules of such union; or
(b) a secretary, assistant secretary, treasurer or assistant
treasurer who is employed as such immediately before
the commencement of this paragraph and possessing no
power of voting in respect of the affairs of such union
or of any of its committees,
shall be a member of the executive of such union.
(2) A person shall not be employed by a registered trade union
under subsection (1)--
(a) if he is not a citizen of the Federation resident in Peninsular
Malaysia, in the case of a trade union in Peninsular
Malaysia, or resident in Sabah, in the case of a trade
union in Sabah, or resident in Sarawak, in the case of a
trade union in Sarawak;
(b) if he has been convicted by any court of a criminal
offence and has not received a free pardon in respect
thereof, and such conviction in the opinion of the Director
General renders him unfit to be employed by a trade
union;
(c) if he is an officer or employee of any other trade union;
or
(c1) if he is an office-bearer or employee of a political party:
Provided that paragraph (a) shall not apply in the case of a union
which, in the opinion of the Minister, is required by its objects to
represent persons or the interests of persons who are not resident
in Peninsular Malaysia, Sabah or Sarawak as the case may be, and
that paragraph (c) shall not apply to a federation of trade unions
registered under Part XII.
33
Trade Unions
(3) Any person who is disqualified to be employed by a trade
union under subsection (1) or subsection (2) and has himself so
employed without first obtaining the exemption of the Minister
under paragraph 30(b), shall be guilty of an offence and shall, on
conviction, be liable to imprisonment for a term not exceeding one
year, or to a fine not exceeding two thousand ringgit, or to both.
Power of Minister in relation to sections 28 and 29
30.
The Minister may by order--
(a) declare that section 28 or 29 shall not apply to any registered
trade union or class of registered trade unions specified
in the order; or
(b) grant, either absolutely or subject to such conditions as
he may consider reasonably necessary, exemption from
all or any of the provisions of section 28 or 29 in respect
of officers or employees or such proportion or class of
officers or employees of any registered trade union or
class of registered trade unions as may be specified in the
order.
Change of name
31.  Any registered trade union may, with the consent of not less
than two-thirds of the total number of its members and subject to
section 34, change its name.
Amalgamation
32.  Any two or more registered trade unions whose members are
employed within similar trades, occupations or industries may
become amalgamated as one trade union, with or without dissolution
or division of the funds of such trade unions or either or any of
them, provided that--
(a) the votes of at least one-half of the members of each or
every such trade union entitled to vote are recorded; and
(b) that at least sixty per centum of the votes recorded are
in favour of the proposal.
34
ACT 262
Laws of Malaysia
Transfer of engagements
33. (1) (a) Subject as hereinafter provided a trade union may by
a special resolution transfer its engagements to any other trade
union whose members are employed within similar trades, occupations
or industries which may undertake to fulfil those engagements; but
no transfer under this section shall prejudice any right of any
creditor of any trade union which is a party thereto.
(b) For the purpose of this subsection "a special resolution"
means a resolution proposed at any general meeting of which
notice specifying the intention to propose that resolution has been
duly given according to the rules and passed by not less than two-
thirds of the members of the union present and entitled to vote at
the meeting, or if the general meetings of the union are meetings
of delegates, by not less than two-thirds of the delegates present
at the meeting.
(2) No transfer under this section shall take effect unless or
until--
(a) the consent thereto of not less than two-thirds of the
members of the union transferring its engagements has
been obtained either at meetings or in writing, or the
Director General on application made to him in writing
by the union and after notice of the application has been
published in the Gazette and (if he so requires) in one
or more newspapers, and after hearing the union and any
other persons whom he considers entitled to be heard,
has dispensed with that consent; and
(b) notice of the transfer (which it shall be the duty of every
union transferring its engagements to send to the Director
G e n e r a l ) has been registered. The application for
registration of the notice of transfer shall be made in
writing and signed by the chairman of the meeting and
the secretary of the union transferring its engagements,
and by the president, secretary and trustees of the union
undertaking to fulfil the engagements.
( 3 ) T h e property held for the benefit of any trade union
amalgamating with any other trade union or of any trade union
transferring its engagements under this section, or for the benefit
of a branch of any such union, by the trustees of the union or of
any branch thereof, other than property excepted from the operations
35
Trade Unions
of this subsection by the instrument of transfer or amalgamation,
shall without any conveyance or assignment vest, on registration
of notice of the amalgamation or transfer, or on the appointment
of the appropriate trustees, whichever is the later, in the appropriate
trustees, that is to say--
(a) in the case of any property to be held for the benefit of
a branch of the amalgamated union or of a branch of the
union undertaking to fulfil the engagements, in the trustees
of that branch, unless the rules of that branch provide
that property to be so held shall be held by the trustees
of the union; and
(b) in any other case in the trustees of the amalgamated
union or of the union undertaking to fulfil the engagements.
(4) Every instrument of amalgamation or transfer shall specify
any property to be vested under the foregoing provisions, in relation
to which the trustees of the amalgamated union or of the union
undertaking to fulfil the engagements are not or will not be the
appropriate trustees and shall designate the persons who are or will
be the appropriate trustees in relation to that property.
Notice of change of name or amalgamation
34. (1) Notice in writing shall be given to the Director General
of every change of name and of every amalgamation, signed, in
the case of a change of name, by the secretary and by seven
members of the registered trade union changing its name, and, in
the case of an amalgamation, by the secretary and by seven members
of each and every registered trade union which is a party thereto.
(2) If the proposed name is identical to that of any other existing
trade union, or so nearly resembles the name of such other trade
union as, in the opinion of the Director General, is likely to deceive
the public or the members of either trade union, or is in the opinion
of the Director General undesirable, he shall refuse to register the
change of name.
(3) Subject to subsection (2), the Director General shall, if he
is satisfied that the provisions of this Act in respect of change of
name have been complied with, register the change of name in the
prescribed manner, and the change of name shall have effect from
the date of such registration.
36
ACT 262
Laws of Malaysia
(4) If the Director General is satisfied that the provisions of his
Act in respect of amalgamation have been complied with and that
the trade union formed thereby is entitled to registration under
section 12, he shall register the trade union in the prescribed
manner and the amalgamation shall have effect from the date of
such registration.
35.
(Deleted by Act A483).
Effect of change of name or amalgamation
36. (1) A change in the name of a registered trade union shall not
affect any rights or obligations of that trade union or render defective
any legal proceeding by or against the trade union, and any legal
proceeding which might have been continued or commenced by
or against it under its former name may be continued or commenced
by or against it under its new name.
(2) An amalgamation of two or more registered trade unions
shall not prejudice any right of either or any such trade unions or
any right of a creditor of either or any of them.
Registered office
37. (1) Every registered trade union shall have a registered office
situated in Peninsular Malaysia, Sabah or Sarawak, as the case
may be, to which all communications and notices may be addressed.
(2) Notice of the situation of such registered office, and of any
change therein, shall be given to the Director General and shall
be registered by him, and the trade union shall not be deemed to
have complied with this Act until such notice has been given.
(3) Every trade union which--
(a) operates without having a registered office, or without
giving notice of the situation of its registered office as
hereinbefore required; or
(b) operates at any place to which its registered office may
have been removed, without having given notice of the
change in the situation thereof to the Director General,
and every officer of any such union shall, on conviction, be liable
to a fine not exceeding fifty ringgit for every day during which
such union is so in operation.
37
Trade Unions
Rules
38. (1) The rules of every registered trade union shall make provision
for all the matters specified in the First Schedule, and shall not
be so altered or amended as to cease to contain provision in respect
of all such matters.
(2) A copy printed in National Language or English or Tamil
or Chinese of the rules for the time being in force of any registered
trade union shall be prominently exhibited in such place as it may
easily be read at the registered office thereof and shall be furnished
by the secretary of such trade union to any person on demand on
payment of a sum not exceeding one ringgit:
Provided that if the copy of the rules is not printed in National
Language or English, a typewritten or otherwise mechanically
produced copy of the rules in National Language or English as
registered and signed by the president, secretary and treasurer of
the union shall, in addition, be prominently exhibited at the registered
office and shall be furnished by the secretary with every copy of
the printed rules of the union in Tamil or Chinese on demand.
(3) A copy in national language of every new rule and of every
alteration made in the rules of a registered trade union shall be sent
to the Director General within thirty days of the making of such
rule or alteration and shall if approved by him be registered by the
Director General on payment of the prescribed fee:
Provided that any alteration of the rules which results in increasing
the liability of the members to contribute other than the increase
of members' subscription or in decreasing the benefits to which
members are entitled shall not be approved by the Director General
unless more than one-half of the members entitled to vote in
accordance with the union's rules have voted in favour of the
proposed alteration.
(4) Every alteration of the rules of a trade union shall take
effect from the date of registration by the Director General unless
some later date is specified in the rules.
(5) The Minister may by order add to, delete from or amend the
First Schedule.
39.
(Deleted by Act A483).
38
ACT 262
Laws of Malaysia
Secret ballot
40. (1) A trade union shall take a secret ballot to make a decision
on any of the following matters--
(a) the election of delegates to a general meeting, if the rules
of the union provide for meetings of delegates, or to a
federation of trade unions;
(b) the election of officers (other than trustees) by the members
in accordance with the rules of the union;
(c) all matters relating to strikes or lock-outs;
(d) the imposition of a levy;
(e) dissolution of the trade union or federation of trade unions;
(f) amendment of the rules where such amendment results
in increasing the liability of the members to contribute
or in decreasing the benefits to which members are entitled;
(g) amalgamation with another trade union or transfer of
engagements to another trade union.
(h) (Deleted by Act A717).
(2) Where a secret ballot is taken on any matter relating to a
strike or a lock-out, it shall contain a resolution setting out clearly
the issues leading to the proposed strike or lock-out and describing
clearly the nature of the acts which are to be done or omitted to
be done in the course of such strike or lock-out; and a secret ballot
which does not fulfil these requirements shall be invalid and of
no effect, and no strike or lock-out shall be carried out on the basis
of such secret ballot.
(3) A secret ballot which has been taken on any matter relating
to a strike or lock-out shall cease to have effect upon the expiry
of ninety days after the date on which the secret ballot is taken
and no strike or lock-out shall thereafter be carried out on the basis
of such secret ballot.
(4) In carrying out any secret ballot, a trade union shall ensure
that every member thereof has an equal right and a reasonable
opportunity to record his vote freely, that the secrecy of the ballot
is properly secured and that the results of the ballot are correctly
ascertained.
39
Trade Unions
(5) The results of a secret ballot taken to decide on any of the
matters specified in subsection (1) shall be submitted by the secretary
of the trade union to the Director General in triplicate, substantially
in the form prescribed by regulations, within fourteen days after
the taking of the secret ballot.
(6) Where a trade union has taken a secret ballot to call for a
strike or to declare a lock-out, the Director General may upon
receipt of the results thereof under subsection (5), carry out all
such investigations as he may deem necessary, and where he is
satisfied that the proposed strike or lock-out if carried out would
contravene this Act or any other written law he shall direct the
trade union not to commence the proposed strike or lock-out.
(7) The secretary of the trade union shall take all such steps as
are necessary to ensure that all ballot papers and documents used
in connection with or relevant to a secret ballot are kept at the
registered office of the trade union for a period of not less than
six months after the completion of the ballot.
(8) For the purpose of satisfying himself that a secret ballot
taken by a trade union has been properly conducted, the Director
General may require any person to deliver to him any ballot papers,
envelopes, lists, or other documents whatsoever, which have been
used in connection with or are relevant to the secret ballot and
which are in the possession or under the control of that person,
and may inspect any such document and retain it for such period
as he deems necessary; but save as aforesaid or as may be provided
in the rules of the trade union no person shall be allowed to inspect
or copy any document relating to a secret ballot.
(9) The Director General may in any particular case declare a
secret ballot taken by a trade union to be invalid if he is satisfied
that the trade union has contravened any provision of this Act, or
of any regulations, or of any of its rules in carrying out such secret
ballot.
Notification of changes of officers and employees
41. (1) A trade union shall exhibit prominently in its registered
office in a place where it may be easily read a list showing the
names and titles of the officers and employees for the time being
of the union, and shall also so exhibit at the office of each branch
of the trade union a list showing the names and titles of the officers
and employees for the time being of the branch.
40
ACT 262
Laws of Malaysia
(2) Notice in the form prescribed by regulations of every change
of officer, employee or of the title of any officer or employee
shall, together with the fee prescribed by regulations, be sent to
the Director General within fourteen days after the change, and the
Director General shall, on being satisfied that such change is not
contrary to the rules of the union or this Act or any regulations,
alter the register accordingly.
Notification of dissolution
42.  When a registered trade union is dissolved voluntarily, notice
of the dissolution signed by seven members and by the secretary
of the trade union shall, within fourteen days of the dissolution,
be sent to the Director General, and shall be registered by him if
he is satisfied that the dissolution has been effected in accordance
with the rules of the trade union and this Act and any regulations
made thereunder; and the dissolution shall have effect from the
date of such registration.
Trustees
43. (1) The rules of a registered trade union shall provide for the
appointment or election of trustees and for the filling of vacancies
in the office of trustee so that, as far as may be, there shall always
be at least three trustees of the union.
(2) No secretary or treasurer of a registered trade union may be
a trustee thereof.
(3) A corporation approved by the Director General may be
appointed as sole trustee by a registered trade union, and references
in this Act to "trustees" shall include reference to a corporation
so appointed.
(4) The names and particulars of the trustees appointed or elected
or any changes therein shall be forwarded by the union to the
Director General for entry in the register within fourteen days after
the change and such appointment or election shall not take effect
until so registered.
41
Trade Unions
PART VI
DISPUTES
Decision of disputes
44. (1) Every dispute between--
(a) a member or person claiming through a member or under
the rules of a registered trade union or any branch thereof,
and the union or any branch thereof or an officer thereof;
(b) any person aggrieved who has ceased to be a member of
a registered trade union or any branch thereof, or any
person claiming through such person aggrieved, and the
union or any branch thereof, or an officer hereof;
(c) any registered trade union and any branch thereof;
(d) an officer of any branch and the registered trade union
of which such branch is a branch; or
(e) any two or more branches of a registered trade union or
any officers thereof respectively,
shall be decided in the manner directed by the rules of the trade
union, and the decision so given shall be binding and conclusive
on all parties; and application for the enforcement thereof may be
made to a Sessions Court.
(2) The parties to a dispute in a registered trade union may, by
consent (unless the rules of the union expressly forbid it), refer
the dispute to the Director General.
(3) The Director General of Trade Unions shall either by himself
or by any Deputy Director General, or any Director, or any Assistant
Director, hear and determine any dispute referred under subsection
(2), and shall have power to order the expenses of determining the
dispute to be paid either out of the funds of the union, or by such
parties to the dispute as he may think fit, and his determination
and order shall have the same effect and be enforceable in like
manner as a decision made in the manner directed by the rules of
the union.
42
ACT 262
Laws of Malaysia
(4) The Director General of Trade Unions, any Deputy Director
General, or any Director, or any Assistant Director may for the
purpose of determining a dispute referred under subsection (2)
administer oaths, and may require the attendance of all parties
concerned, and of witnesses, and the production of all books and
documents relating to the matter in question.
(5) Where the rules of a registered trade union direct that disputes
shall be referred to the courts, the dispute shall be determined by
a Sessions Court.
(6) Where no decision is made on a dispute within forty days
after application to the union for a reference under its rules, the
member or person aggrieved may apply to a Sessions Court and
the Sessions Court may hear and determine the matter in dispute.
Powers of the Court and Director General in relation to disputes
45.  Notwithstanding anything contained in the *Arbitration Act
1952 [Act 93], or in any other written law, a Sessions Court and
the Director General or any arbitrator or umpire to whom a dispute
is referred under the rules of a registered trade union shall not be
compelled to state a special case on any question of law arising
in the case, but the Court or Director General may, at the request
of either party, state a case for the opinion of the High Court on
any question of law, and may also grant to either party such
discovery as to documents and otherwise, or such inspection of
documents as might be granted by any court, and the discovery
shall be made on behalf of the union by such officer thereof as
the Sessions Court or the Director General may determine.
Interpretation of "dispute" for the purpose of this Part
46.  In this Part the expression "dispute" includes any dispute
arising on the question whether a member or person aggrieved is
entitled to be or to continue to be a member or to be reinstated
as a member, or whether the rules relating to the decision of
disputes or the procedure thereunder has not been complied with
but, save as aforesaid, in the case of a person who has ceased to
be a member, does not include any dispute other than a dispute
on a question between him and the trade union or an officer thereof
which arose whilst he was a member or arises out of his previous
relation as a member to that trade union.
*NOTE--The Arbitration Act 1952 [Act 93] has since been repealed by The Arbitration Act 2005
[Act 646].
43
Trade Unions
PART VII
PROPERTY
All property vested in trustees
47.  All property, movable or immovable, of a registered trade
union shall be vested in the trustees for the use and benefit of the
union and its members and shall be under the control of the trustees.
Devolution of property
48.  Upon any change in the office of any trustee, the High Court
may upon an ex parte motion made to it in that behalf make an
order vesting the property of a registered trade union in the trustees
for the time being of the union for the same estate and interest as
the former trustee had therein, and subject to the same trusts,
without any transfer, conveyance or assignment.
Investment of funds
49. (1) A registered trade union may--
(a) purchase or take upon lease for the purposes of the union
any land or building and, subject to any written law or
other law which may be applicable, to sell, exchange,
charge or lease any such land or building which may be
so purchased;
(b) invest its funds in any securities or in any loans to any
company in accordance with any law relating to trustees;
(c) deposit its funds in the Bank Simpanan Nasional, any
bank incorporated in Malaysia or any finance company
which is a subsidiary company of such bank; or
(d) with the prior written approval of the Minister and subject
to such conditions as he may impose, invest its funds--
(i) in any registered cooperative society; or
(ii) i n any commercial, industrial or agricultural
u n d e r t a k i n g or banking enterprise, which is
incorporated and operating in Malaysia.
44
ACT 262
Laws of Malaysia
( 2 ) T h e Minister may, before granting approval under
paragraph (1)(d), require such trade union to obtain a report on the
feasibility and viability of the project.
(2A) For the purpose of satisfying himself that an investment
under this section has been properly made, the Director General
may order any person to deliver to him any document or accounts
relating to the investment which are in the possession or control
of that person and may inspect and retain them for such period as
he deems necessary for such purpose, and any person who fails
or neglects without reasonable excuse to comply with any such
order, shall be guilty of an offence and shall, on conviction, be
liable to a fine not exceeding one thousand ringgit.
(3) Every person who and every trade union which contravenes
any of the provisions of subsection (1) shall be guilty of an offence
and shall, on conviction, be liable to imprisonment for a term not
exceeding two years, or to a fine not exceeding two thousand
ringgit or to both.
PART VIII
FUNDS AND ACCOUNTS
Application of funds
50. (1) The funds of a registered trade union may, subject to the
rules thereof and to this Act, be expended only for the following
objects--
(a) the payment of salaries, allowances and expenses to officers
and employees of the trade union;
(b) the payment of costs and expenses of the administration
of the trade union including audit of the account of the
funds of the trade union;
(c) the prosecution or defence of any legal proceeding to
which the trade union or any member thereof is a party,
when such prosecution or defence is undertaken for the
purpose of securing or protecting any right of the trade
union as such or any right arising out of the relations of
any member with his employer, or with a person whom
the member employs;
45
Trade Unions
(d) the expenses incurred in the settlement of disputes under
Part VI;
(e) the conduct of trade disputes on behalf of the trade union
or any member thereof provided that such trade disputes
do not contravene this Act or any other written law;
(f) the compensation of members for loss arising out of
trade disputes involving such members provided that such
trade disputes do not contravene this Act or any other
written law;
(g) allowances to members or their dependants on account
of death, old age, sickness, accidents or unemployment
of such members;
(h) the payment of fees in respect of affiliation with, or
membership of, any federation of trade unions registered
under Part XII, or any consultative or similar body in
respect of which permission has been given by the Director
General under subsection 76A(1) or the Director General
has been notified under subsection 76A(2);
(i) the payment of--
(i) all train fares, other essential transport expenses,
cost of board and lodging, supported by vouchers,
or such amounts as are laid down by the union;
(ii) the amount of actual wages lost by representatives
of trade unions attending meetings connected with
or related to the promotion of industrial relations
or attending to any matters as required by the
Director General in relation to this Act or any
regulations;
(iii) expenditure for the purpose of the establishment
or maintenance of a federation of trade unions
registered under Part XII, or a consultative or
similar body in respect of which permission has
been given by the Director General under subsection
76A(1) or the Director General has been notified
under subsection 76A(2);
(j) the editing, printing, publication and circulation of any
journal, magazine, news sheet or other printed literature
published by the registered trade union for the advancement
of its objects or the promotion of the interests of the
members in accordance with its registered objects and
rules;
46
ACT 262
Laws of Malaysia
(k) the conduct of social, sporting, educational and charitable
activities of the members;
(l) the payment of premia to insurance companies registered
in Malaysia as may from time to time be approved by the
Director General.
(2) The Minister may by notification in the Gazette add to,
delete from or amend the objects specified in subsection (1).
Prohibition of payment of fines or penalties
51.  The funds of a registered trade union shall not be applied
either directly or indirectly in payment of the whole or part of any
fine or penalty imposed upon any person by sentence or order of
a court.
Prohibition of use of funds for political objects
52. (1) The funds of a registered trade union shall not be applied
either directly or indirectly in any payment whatsoever to a political
party or in furtherance of any political object.
(2) The expression "political object" referred to in subsection
(1) includes--
(a) the payment of any expenses incurred either directly or
indirectly by a candidate or prospective candidate for
election to the Dewan Rakyat or any Dewan Undangan
Negeri before, during or after the election in connection
with his candidature or election;
(b) the holding of any meeting or the distribution of any
literature or documents in support of any such candidate
or prospective candidate;
(c) the maintenance of any person who is a member of the
Dewan Rakyat or any Dewan Undangan Negeri;
(d) the registration of electors or the selection of a candidate
for membership of the Dewan Rakyat or any Dewan
Undangan Negeri;
47
Trade Unions
(e) the holding of political meetings of any kind, or the
distribution of political literature or political documents
of any kind; or
(f) any object which the Minister may by notification in the
Gazette specify.
Injunction to restrain misuse of funds
53.  An injunction restraining any unauthorized or unlawful
expenditure of the funds of a registered trade union may be granted
on the application of any five persons having a sufficient interest
in the relief sought, or of the Director General, or of the Public
Prosecutor.
Preservation of funds of registered trade union
54. (1) Where a notice has been given by the Director General
to a trade union under subsection 15(2A), the Director General
may, where he is satisfied that it is likely that the funds of the
union may be misused, by order direct any bank in Malaysia not
to pay any money out of nor to pay cheques drawn on the account
of such union for a specified period not exceeding six months.
(2) Any officer of the bank who complies with an order of the
Director General under subsection (1) shall be relieved of any
liability to any other person in respect of the payment prohibited
by such order.
(3) The manager of any bank which fails to comply with an
order of the Director General under subsection (1) shall be guilty
of an offence and shall, on conviction, be liable to a fine not
exceeding three thousand ringgit, or to imprisonment for a term
not exceeding three years, or to both.
(4) The Director General shall cause to be published in the
Gazette the name of any trade union in respect of which any order
is made under subsection (1).
(5)­(7) (Deleted by Act A483).
48
ACT 262
Laws of Malaysia
Duty to render accounts
55. (1) Every treasurer of a registered trade union and every other
officer and employee thereof who is responsible for the accounts
of the union or for the collection, disbursement, custody or control
of the funds or moneys thereof, shall enter or cause to be entered
in the accounts of such union a record of all receipts by and
payments out of the funds of the union and shall, upon resigning
or vacating his office or employment and at least once in every
year at such time as may be specified by the rules of the union
and at any other times at which he may be required to do so by
a resolution of the members of the union or by the rules thereof,
or by the Director General, render to the union and its members
or to the Director General, as the case may be, a just and true
account of all moneys received and paid by him during the period
which has elapsed since the date of his assuming office, or if he
has previously rendered an account, since the last date upon which
he rendered such account, and of the balance remaining in his
hands, at the time of rendering such account and of all bonds,
securities, or other property of the trade union entrusted to his
custody or under his control.
(2) The form of account may be prescribed by regulations.
(3) The account shall be verified by statutory declaration, and
the union shall cause the account to be audited by some fit and
proper person approved by the Director General.
(4) After the account has been audited, the treasurer or other
officer or employee referred to in subsection (1) shall forthwith
hand over to the trustees of the union, if required by them to do
so, such balance as appears to be due from him, and also, if so
required, all bonds, securities, effects, books, papers and property
of the union in his hands or custody, or otherwise under his control.
Annual returns to be prepared as Director General may direct
56. (1) A general statement audited in the manner prescribed by
regulations of the receipts, funds, effects, and expenditure of every
registered trade union in respect of the period of twelve months
ending on the thirty-first day of March in each year shall be
transmitted by the secretary of the union to the Director General
before the first day of October in every year, and shall show fully
49
Trade Unions
the assets and liabilities at that date, and the receipts and expenditure
during the year preceding the date to which it is made out, of the
trade union, and shall show separately the expenditure in respect
of the several objects of the trade union, and shall be prepared and
made out up to such date, in such form, and shall comprise such
particulars, as the Director General may from time to time require;
and every member of, and depositor in, any such trade union shall
be entitled to receive, on application to the treasurer or secretary
of that trade union, a copy of such general statement, without
making any payment for the same.
(1A) The general statement referred to in subsection (1) shall
be verified by statutory declaration, and the union shall cause the
general statement to be audited by some fit and proper person
approved by the Director General:
Provided that no trade union shall cause its general statement
to be audited by the same person successively for a period of more
than three years.
(1B) The Director General may, if he considers it necessary, by
notice in writing--
(a) direct the attendance before him, at the place and time
set out in the notice, of any person appointed to audit the
general statement of a trade union for any purpose related
to the audit; or
(b) direct any trade union to cause the general statement to
be further audited in such manner as he may require.
(1C) All expenses incurred in complying with any direction of
the Director General under subsection (1B) shall be borne by the
trade union concerned.
( 2 ) T o g e t h e r with the general statement referred to in
subsection (1), the secretary of each registered trade union shall
furnish to the Director General a copy of all alterations or amendments
of rules, and of all new rules, and a list of all changes of officers,
made by the union during the period of twelve months preceding
the said thirty-first day of March, and a copy of the rules of the
trade union in force, and particulars of its membership, on that
day.
50
ACT 262
Laws of Malaysia
(3) Every member of a registered trade union shall be entitled
to receive free of charge a copy of the general statement referred
to in subsection (1) and the secretary of each registered trade union
shall deliver a copy of such statement to every member of his
union who makes application to him therefor.
(4) Any secretary of a registered trade union who fails to comply
with any of the requirements of this section shall be guilty of an
offence, and shall, on conviction before a Magistrate, be liable to
a fine not exceeding one hundred ringgit for each day during
which the default continues.
(5) Every person who wilfully makes or orders or causes or
procures to be made any false entry in or omission from any
account of a registered trade union or general statement, copy or
list delivered to the Director General under subsections (1) and (2)
shall be guilty of an offence and shall, on conviction, be liable to
a fine not exceeding one thousand ringgit, or to imprisonment for
a term not exceeding six months, or to both.
Keeping and inspection of accounts and records
57. (1) Every registered trade union shall cause to be kept such
account books and other records as may be prescribed by regulations.
(2) The books or records referred to in subsection (1), the records
of a trade union's proceedings, and a list of its members shall at
all reasonable times be open to inspection by any member of the
trade union, or any person having an interest in the funds of the
trade union, or the Director General.
(3) The Director General may, acting for a member or on his
own behalf, in any particular case, order the account books and
other records of a trade union to be made available for inspection
or audit by a fit and proper person approved by him.
(4) Every trade union which, and every member of its executive
who, contravenes subsection (1) or (2) or fails to comply with any
order under subsection (3) shall be guilty of an offence and shall,
on conviction, be liable to a fine not exceeding one thousand
ringgit, or to imprisonment for a term not exceeding six months,
or to both.
51
Trade Unions
PART IX
REGULATIONS
Regulations
58. (1) The Minister may make regulations for the purpose of
carrying out or giving effect to the principles and provisions of
this Act.
(2) In particular and without prejudice to the generality of the
powers conferred by subsection (1), the Minister may make
regulations for or in respect of all or any of the following matters--
(a) all matters stated or required in this Act to be prescribed;
(b) the books and registers to be kept for the purposes of this
Act and the forms thereof;
(c) the manner in which trade unions and the rules of the
trade unions shall be registered and the fees payable on
registration;
(d) the manner in which, and the qualifications of persons
by whom, the accounts of registered trade unions or of
any class of such unions shall be audited;
(e) the conditions subject to which inspection of documents
kept by the Director General shall be allowed and the
f e e s which shall be chargeable in respect of such
inspections;
(f) the due disposal and safe custody of the funds and moneys
of a trade union;
(g) the creation, administration, protection, control and disposal
of the funds of registered trade unions and all matters
connected therewith or incidental thereto;
(h) the penalties for any contravention or failure to comply
with any of the provisions of any regulation made under
this section: provided that no such penalty shall exceed
the penalty prescribed under section 63; and
(i) generally for all matters incidental to or connected with
the matters or subjects specifically mentioned in this
subsection.
52
ACT 262
Laws of Malaysia
(3) The Minister may by regulation declare that any regulation
made under paragraph (2)(g) shall apply to a specified trade union
only or that any particular trade union or class of trade unions shall
be exempt from the operation of any regulation made under that
head of that subsection.
(4) All regulations made under this section shall be laid on the
table of the Dewan Rakyat at the first meeting of the Dewan
Rakyat after the publication of such regulations in the Gazette.
PART X
OFFENCES AND PENALTIES
Acts done prior to registration
59.  Every person who, and every trade union which, prior to the
registration of the union under this Act, does any act in furtherance
of any of the objects specified in the definition of a trade union
in section 2, shall be guilty of an offence:
Provided that nothing in this section shall apply to any act done
in good faith in the course and for the purpose of establishing the
trade union.
Misuse of money or property of a registered trade union
60. (1) Where, on complaint made by a member of a registered
trade union, or by the Director General it is shown to the satisfaction
of a Sessions Court that any officer, employee or member or
former officer, employee or member of that union has in his possession
or control any property of the union except in accordance with the
rules of the union, or has unlawfully expended or withheld any
money of the union, the Court shall, if it considers the justice of
the case so requires, order such officer, employee or member to
deliver all such property to the trustees of the union and to pay
to them the money so unlawfully expended or withheld.
(2) A complaint made under subsection (1), other than a complaint
made by the Director General, shall not be entertained unless the
Sessions Court is satisfied that the complainant is, on the date of
that complaint, a member of the registered trade union in respect
of the property of which such complaint is so made.
53
Trade Unions
(3) Any person bound by an order made under subsection (1)
who fails to comply with the terms thereof and the directions given
therein within a time to be specified in such order shall be guilty
of an offence and shall, on conviction, by a Sessions Court, be
liable to a fine not exceeding five hundred ringgit.
(4) An order under subsection (1) shall not affect or prevent a
prosecution of, or civil proceedings against, any such officer,
employee or member.
Supplying false information regarding trade unions
61.  Any person who, with intent to deceive, gives to any member
of a registered trade union or to any person intending or applying
to become a member of such trade union any document purporting
to be a copy of the rules of the trade union or of any alterations
thereto which he knows, or has reason to believe, is not a correct
copy of such rules or alterations as are for the time being in force,
or any person who, with the like intent, gives a copy of any rules
of an unregistered trade union to any person on the pretence that
such rules are the rules of a registered trade union, shall be guilty
of an offence and shall, on conviction, be liable to a fine not
exceeding two hundred ringgit, or to imprisonment for a term not
exceeding three months, or to both.
Failure to submit returns
62. (1) If default is made on the part of any registered trade union
in doing any act, in giving any notice, or in sending any statement,
return or other document as required by this Act or by the regulations
made thereunder, every officer or other person bound by the rules
of the trade union or under this Act or the regulations made there
under to do such act, or to give such notice, or to send such
statement, return or document, or, if there is no such officer or
person, every member of the executive of that registered trade
union shall severally be guilty of an offence and shall, on conviction,
be liable to a fine not exceeding one thousand ringgit.
(2) Any person who with intent to deceive submits to the Director
General any statement, return or document required under this Act
or any regulations, which he knows or has reason to believe is not
correct, shall be guilty of an offence and shall, on conviction, be
liable to a fine not exceeding one thousand ringgit, or to imprisonment
for a term not exceeding six months, or to both.
54
ACT 262
Laws of Malaysia
General penalty
6 3 . ( 1 ) E v e r y person who, and every trade union which,
contravenes--
(a) any provisions of this Act for which no other punishment
is provided;
(b) any rule of the union relating to any matter specified in
the First Schedule;
(c) any regulation made under this Act for which no other
punishment is provided; or
(d) any summons, order, direction or condition given, made
or imposed under this Act,
shall be guilty of an offence and shall, on conviction, of an offence
under this Act for which no other punishment is provided, be liable
to a fine not exceeding one thousand ringgit.
(2) Upon conviction of an unregistered trade union under this
Act, every person proved to have been an officer or member of
the executive of that trade union at any time after the commencement
of this Act shall be deemed severally to be guilty of the offence
for which the trade union was so convicted and the court shall,
after necessary enquiry declare in its finding and order the name
of each person so deemed to be guilty and shall pass sentence upon
him according to law.
Prosecution and power to enter premises
64. (1) Any prosecution in respect of any offence under this Act
or any regulations may be conducted by the Director General with
the prior written consent of the Public Prosecutor.
(2) The Director General may--
(a) for the purposes of discharging any of his duties or carrying
out any of his functions under this Act or any regulations,
or otherwise for any of the purposes of this Act or any
regulations, enter at any reasonable time into the registered
office of a trade union or any premises or place which
he has reason to believe is kept or used for the purposes
of the trade union and may carry out such inspection and
examination as he may consider necessary; and
55
Trade Unions
(b) where he has reasonable grounds for believing that an
offence under this Act or any regulations has been
committed, enter at any time, after obtaining a search
warrant from a Magistrate, any office, premises or place
which is specified in the search warrant, and carry out
any search, inspection or examination, and seize or detain
any article or document found in such office, premises
or place which may be required for the purposes of any
prosecution in respect of such offence.
(3) A search warrant under paragraph (2)(b) may be issued by
a Magistrate to the Director General if he is satisfied upon written
information by the Director General that there is good reason to
believe that an offence under this Act or any regulations has been
committed, and that the office, premises or place to be specified
in the search warrant is kept or used for the purposes of the trade
union.
Saving of offences under other written law
65.  Subject to Clause (2) of Article 7 of the Constitution, the
offences and penalties specially defined and provided in this Act
are in addition to and not in substitution for those defined and
provided in any other written law.
PART XI
MISCELLANEOUS
Act not to affect certain agreements or authorize action outside
rules
66. (1) This Act shall not affect--
(a) any agreement between partners as to their own business;
(b) any agreement between an employer and those employed
by him as to such employment; or
(c) any agreement in consideration of the sale of the goodwill
of a business or of instruction in any profession, trade or
handicraft.
(2) Nothing in this Act shall be deemed to authorize a trade
union to act contrary to, or in excess of the powers conferred upon
it by, its rules.
56
ACT 262
Laws of Malaysia
Legislation relating to societies and companies not applicable
to trade unions
67. (1) The Societies Act 1966 [Act 335], and of any other written
law providing for the registration or recording of societies shall
not apply to a trade union registered under this Act, and the
registration under any such written law of a trade union shall
thereupon be deemed to have been cancelled and of no effect for
the purposes of this Act.
(2) No association or combination of workmen or employers
having among its objects one or more of the objects set out in
paragraph (c) of the definition of "trade union" in subsection 2(1)
other than the regulation of relations between workmen and workmen
or between employers and employers, as the case maybe, shall be
registered as a society under the Societies Act 1966 or under any
other written law providing for the registration or recording of
societies; and any such association or combination (not being a
registered trade union or exempt from this section by any order
made under subsection (4)) shall be deemed to be an unlawful
society for the purposes of such Act and such other written law.
(3) No company registered under any written law relating to
companies in Malaysia shall be eligible to apply for registration
as a trade union; and no trade union shall be registered as a
company under any such written law, and any such registration
shall thereupon be deemed to have cancelled and of no effect for
the purposes of this Act.
(4) The Minister may by order exempt, either absolutely or
subject to such conditions as he may think fit, any association or
combination of workmen or employers from all or any of the
provisions of this section.
Service of legal process
68.  Every summons, notice or other document required to be
served on a trade union in any civil or criminal proceeding shall
be deemed to be duly served if it is delivered at the registered
office of the trade union or if it is served personally on the president
or the treasurer or the secretary or on any officer of the trade union
provided that such service is otherwise in compliance with the
requirements of any relevant written law.
57
Trade Unions
Notification in the Gazette
69.  The fact that any trade union has been registered, the fact
that the certificate of registration of any registered trade union has
been withdrawn or cancelled, the fact that any change of name or
amalgamation affecting any registered trade union has been registered,
the fact that any change in the situation of the registered office
of a trade union has been registered, and the fact that any registered
trade union has been dissolved shall be notified by the Director
General in the Gazette.
Inspection, production and evidence of documents of the Director
General
70. (1) A certificate of registration of a trade union or any other
document in the possession of the Director General received from
any trade union by virtue of its being required to be submitted to
the Director General under this Act or any regulations, may, with
the approval of the Director General, be inspected by any person
on payment of the prescribed fee, and any person may, on payment
of the prescribed fee, obtain from the Director General a certified
copy or extract of the certificate of registration of any registered
trade union or a certified copy of or extract from any other document
as aforesaid in the possession of the Director General:
Provided that the Director General may in his absolute discretion
and without assigning any reason therefor refuse to grant approval
for the inspection of any document or refuse to supply a copy or
an extract of any document.
(2) No process for compelling the production of any document
kept by the Director General shall issue from any court except
with the leave of that court, and any such process if issued shall
bear a statement thereon that it is issued with the leave of that
court.
(3) A copy of or extract from any document kept and registered
at the office of the Director General, certified to be a true copy
under the hand and seal of the Director General, shall in all legal
proceedings be admissible in evidence as of equal validity with the
original document.
58
ACT 262
Laws of Malaysia
Power of Director General to summon witnesses
71. (1) The Director General may summon before him any person
who he has reason to believe is able to give any information--
(a) as to the existence of or as to the operations of any trade
union or suspected trade union, which is not registered
under this Act; or
(b) as to the activities of any registered trade union.
(2) The person so summoned shall attend at the hour and place
in the summons specified, and produce all documents in his custody,
possession or power relating to such trade union or suspected trade
union, and answer truthfully all questions which the Director General
may put to him.
(3) The Director General may administer oaths to and examine
on oath any person summoned before him under this section.
(4) Any person who refuses to comply with such order or who
obstructs compliance with such order may be arrested and detained
in custody and shall, on conviction, be liable to a fine not exceeding
five hundred ringgit.
(5) No statement made by a person summoned before the Director
General under this section shall subject him to any arrest or criminal
prosecution, or be proved against him in any criminal proceeding,
except a prosecution for failing to answer truthfully under this
section.
Appeal to Minister
71A. (1) Any person who is dissatisfied with any opinion, order,
declaration, refusal, cancellation, withdrawal, direction or decision,
as the case may be, given, made or effected by the Director General
under any of the following provisions:
(a) subsection 2(2);
(b) section 12;
(c) paragraph 15(2)(b) or subsection 15(4);
(d) subsection 16(1);
(e) subsection 17(1);
59
Trade Unions
(f) subsection 25A(4);
(g) paragraph 28(1)(d), or paragraph 29(2)(b);
(h) subsection 34(2);
(i) subsection 40(6) or 40(9);
(j) subsection 54(1);
(k) subsection 76A(1); or
(l) subsection 76C(1),
may, within thirty days from the rate of the opinion, order, declaration,
refusal, cancellation, withdrawal, direction or decision of the Director
General, appeal against the same to the Minister, in such manner
as may be prescribed by regulations.
(2) An appeal under subsection (1) shall not operate as a stay
of execution of the opinion, order, declaration, refusal, cancellation,
withdrawal, direction or decision, as the case maybe, of the Director
General unless the Minister otherwise directs, and where he so
directs he may impose such terms and conditions as he deems fit.
(3) The Minister may, after considering any such appeal, give
such decision thereon as he deems just and proper.
(4) A direction or decision of the Minister under this section
shall be final and conclusive.
PART XII
FEDERATION OF TRADE UNIONS
Formation of federation of trade unions
72.  Two or more registered trade unions in Malaysia whose
members are employed in a similar trade, occupation or industry
may form or create a federation of trade unions if the consent of
the members of each of the registered trade unions wishing to form
or create a federation has been obtained by a majority of votes
taken at a general meeting or a meeting of delegates, as the case
may be, after service on the Director General and all members of
the union, not less than fourteen days prior to such meeting, of
notice of the proposed resolution to participate in the federation.
60
ACT 262
Laws of Malaysia
Registration of federation of trade unions
73. (1) Every federation of trade unions established after the
commencement of this Act shall apply to be registered within one
month from the date on which it was so established.
(2) Every application for registration under this section shall
be signed by the secretary and by seven members of each and
every registered trade union forming or creating such federation.
(3) Upon receipt of any such application the Director General
shall, if satisfied that this section and section 72 have been complied
with and that the federation is entitled to registration, register the
federation.
(4) The Director General may, if he thinks fit, from time to
time, grant an extension of the period specified in subsection (1),
provided that no such period shall in any particular case, be so
extended as to exceed a period of six months in the aggregate.
(5) For the purposes of this section--
(a) a federation of trade unions shall be deemed to have been
established before the commencement of this Part if
resolutions agreeing to form or create such federation
have been passed substantially in the manner provided
by section 72 by at least two registered trade unions
before the date of such commencement;
(b) a federation of trade unions established after the
c o m m e n c e m e n t of this Act shall be deemed to be
established on the date on which resolutions are passed
in the manner hereinbefore provided by at least two
registered trade unions agreeing to form or create such
federation:
Provided that, in the event of the resolutions being
passed on different dates, the date of the establishment
of such federation shall be deemed to be the date of the
passing of the second of such resolutions.
61
Trade Unions
Affiliation with registered federation of trade unions
74. (1) A registered trade union may affiliate with a registered
federation of trade unions representing similar trades, occupations
or industries if the consent of the members of the trade union to
such affiliation has been obtained in the manner provided in section
72, and the federation of trade unions files with the Director
General a notice, signed by the secretary of the federation, that the
application to affiliate has been duly approved by the federation.
(2) Notice in writing of any resolution for affiliation passed by
a registered trade union under subsection (1) signed by the secretary
and by seven members of such union shall be filed with the Director
General within one month of the date of the passing of such
resolution.
(3) Upon the filing of both the notices referred to in subsections
(1) and (2) the Director General shall, if satisfied that the provisions
of this section have been complied with and that the trade union
is entitled to affiliate with the federation, enter the fact of such
affiliation in the register, and thereupon the trade union shall be
deemed to be a member of the federation as from the date of
acceptance of such affiliation by the federation.
Provisions and penalties applicable to federation of trade unions
75.  The provisions of this Act relating to trade unions (including
the provisions as to penalties) shall apply, so far as the same may
be applicable, to a federation of trade unions as if such federation
were a trade union.
Decisions by secret ballot
76.  The provisions of this Act relating to the taking of decisions
by secret ballot shall apply to a federation of trade unions as if
the individual members of the trade unions comprised in the federation
were the members of that federation and not the unions, except in
the matter of the election of officers, who shall be elected by secret
ballot of the delegates representing the component unions.
62
ACT 262
Laws of Malaysia
PART XIIA
CONSULTATIVE BODIES
Restriction on the formation of or affiliation with consultative
or similar bodies
76A. (1) No trade union registered under this Act shall affiliate
with, or be a member of, any consultative or similar body, by
whatever name called, established outside Malaysia, except with
the prior permission in writing of the Director General and subject
to such conditions as he may impose:
Provided that no such permission shall be given where the Director
General is satisfied--
(a) that such body pursues or intends to pursue any of the
objects specified in the definition of "trade union" in
subsection 2(1) other than the regulation of relations
between workmen and workmen or between employers
and employers, as the case may be; or
(b) that the consent of the members of the union has not been
obtained by a majority of votes taken at a general meeting
or a meeting of delegates, after service on the members
or delegates, as the case may be, not less than fourteen
days prior to such meeting, of notice of the proposed
resolution to affiliate with, or be a member of, such
consultative or similar body.
(2) (a) A registered trade union may from with any other registered
trade union, affiliate with, or be a member of, any consultative or
similar body, by whatever name called, established within Malaysia,
that does not pursue or intend to pursue any of the objects specified
in the definiton of "trade union" in subsection 2(1) other than the
regulation of relations between workmen and workmen or between
employers and employers, as the case may be, if the consent of
the members of the registered trade union has been obtained by
a majority of votes taken at a general meeting or a meeting of
delegates, after service on the members or delegates, as the case
may be, not less than fourteen days prior to such meeting, of notice
of the proposed resolution to form, affiliate with, or be a member
of, such consultative or similar body.
63
Trade Unions
(b) The trade union concerned shall within sixty days of the
formation, affiliation or membership referred to in paragraph (a)
notify the Director General in writing of such formation,
a f f i l i a t i o n or membership and such notification shall be
accompanied with a statement of the particulars referred to in
subsection 76B(2).
(3) Where any registered trade union is already affiliated with,
or is a member of, any consultative or similar body, established
outside or within Malaysia, under the repealed provisions of this
Act immediately before the commencement of this subsection, the
trade union shall be deemed to have obtained the permission of
the Director General referred to in subsection (1) or to have notified
the Director General as required under subsection (2), as the case
may be.
Application for permission to form or affiliate with consultative
bodies
76B. (1) Every application for the permission of the Director General
referred to in subsection 76A(1) shall be made to the Director
General in the prescribed form and shall be signed by at least three
principal officers of the union.
( 2 ) E v e r y application under subsection (1) shall be
accompanied by a copy of the constitution and rules of the consultative
or similar body and a statement of the following particulars, namely:
(a) the name of such body and the address of its head office;
(b) the objects for which such body is established;
(c) the title, name, date of birth, address and occupation of
each office-bearer of such body and such other information
and particulars regarding such office-bearer as the Director
General may require to be furnished; and
(d) such other information and particulars whatsoever relating
to such body or to any person connected therewith or to
the application as the Director General may require to be
furnished.
64
ACT 262
Laws of Malaysia
Power of Director General to withdraw permission or declare
affiliation invalid
76C.
Where the Director General is satisfied that--
(a) any trade union which is affiliated with, or is a member
of, any consultative or similar body: or
(b) the consultative or similar body with which such trade
union is affiliated, or of which it is a member,
has acted or is acting in contravention of any provision of this Act
or any other written law or any condition imposed by him, he
may--
(a) in the case of a trade union to which permission has been
granted under subsection 76A(1), withdraw such permission;
or
(b) in the case of a trade union which has given notification
to the Director General under subsection 76A(2), declare
such affiliation or membership to be invalid,
and upon such withdrawal or declaration, such trade union shall
f o r t h w i t h cease its affiliation with, or membership of, such
consultative or similar body.
Duty to inform the Director General of appointment to an
office or employment in consultative bodies
76D. (1) If any member, officer or employee of a trade union
holds any office in, or is employed by, any consultative or similar
body, whether within or outside Malaysia, immediately before or
after the commencement of this Part, he shall within sixty days of
the commencement of this Part, or within sixty days of his
appointment to the office or of his employment, as the case maybe,
inform the Director General of such appointment or employment:
Provided that such information shall not absolve him from any
requirement under any written law relating to such appointment
or employment.
65
Trade Unions
(2) A person who has been a member of the executive of any
trade union the registration of which has been cancelled under this
Act shall not hold office in or be employed by any consultative
of similar body except with the permission in writing of the Minister
and subject to such conditions as he may impose.
Application of Societies Act 1966 to consultative body
76E.  Nothing in this Part shall render or be construed as rendering
inapplicable to a consultative or similar body referred to in this
Part the provisions of the Societies Act, 1966 or any other written
law relating to the registration or recording of societies.
Interpretation of consultative or similar body
76F.  For the purposes of this Part the expression "consultative
or similar body" includes any trade union council, trade union co-
ordinating or advisory body, trade secretariat or any other organisation
composed of trade unions other than a federation of trade unions
registered or required to be registered under Part XII.
PART XIII
TRANSITORY PROVISIONS AND REPEAL
Transitory provisions relating to existing trade unions
77.