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Trade Unions Act 1959, Page 3

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.

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

(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;

(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;

(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 register 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 as 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.

(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.

(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.

(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 anything 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.

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.

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