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Industrial Relations Act 1967 (2010 revision), Page 8

Part VIII - INVESTIGATION AND INQUIRY

Investigation and inquiry into trade disputes

34. Where any trade dispute exists or is apprehended, the Minister may, without prejudice to Parts V and VII, appoint a Committee of Investigation or a Board of Inquiry and may refer to the Committee or Board any matter appearing to him to be connected with or relevant to the dispute.

Committee

35. (1) A Committee may consist of one or more persons appointed by the Minister.

(2) A Committee shall as soon as possible after its appointment, investigate the causes and circumstances of any trade dispute or matter referred to it and report thereon to the Minister.

Board

36. (1) A Board may consist of a chairman and such other persons as the Minister thinks fit or may consist of one person.

(2) A Board may act notwithstanding any vacancy in its number.

(3) The Minister may make rules regulating the procedure of any Board, including rules as to the summoning and payment of expenses of witnesses, quorum and calling for documents.

(4) A person may be represented in proceedings before a Board, with the permission of the chairman, by any officer or employee of a trade union of employers or workmen, or, notwithstanding anything to the contrary contained in any written law relating to the registration of trade unions, by any official of an organization (not being a trade union) of employers or of workmen registered in Malaysia, or by an advocate.

(5) A Board may, subject to the rules made under this section, require any person to furnish, in writing or otherwise, such particulars as the Board may require and to attend before the Board and give evidence on oath or affirmation.

Reports

37. (1) A Board shall, either in public or in private at its discretion, inquire into any matter referred to it and report thereon to the Minister.

(2) A Board may, if it thinks fit, make interim reports.

(3) Any report of a Board shall be laid as soon as may be before the Dewan Rakyat.

(4) The Minister may, whether before or after any such report has been laid before the Dewan Rakyat, publish or cause to be published from time to time, in such manner as he thinks fit, any information obtained or conclusions arrived at by the Board as a result or in the course of its inquiry:

Provided that there shall not be included in any report or publication made or authorized by the Board or the Minister any information obtained by the Board in the course of its inquiry as to any trade union, business or organization which is not available otherwise than through evidence given at the inquiry, except with the consent of the trade union, business or organization in question, nor shall any individual member of the Board or any person concerned in the inquiry, disclose any such information without such consent.

(5) Any member of a Board or other person concerned in any inquiry who discloses any information in contravention of subsection (4) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one thousand ringgit.

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