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Trade Unions Act 1959, Page 10

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.

(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.

General penalty

63. (1) Every 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

(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.

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