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Trade Unions Act 1959, Page 12

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.

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 commencement 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.

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.

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