Draf Cadangan Pindaan TU 2018

DRAFT AS AT 21.11.
2018
PROPOSED TABLE OF AMENDMENT TO THE

TRADE UNIONS ACT 1959 (ACT 262)
SECTION ORIGINAL PROVISION PROPOSED AMENDMENT COMMENT
PART I PART I
PRELIMINARY PRELIMINARY
2(1) Nil “electronic message” means an

information generated, sent, received
or stored by electronic means;
1
DRAFT AS AT 21.11.2018
2(1) Nil "electronic transmission" means the

transfer of data or information through
an authorized electronic data interchange
system consisting of, but not limited to,
computer modems and computer
networks.
2(1) Nil “federation” means a federation of two

or more trade unions;
2(1) "trade union" or "union" means any "trade union" or "union" means any
association or combination of workmen or association or combination of workmen or
employers, being workmen whose place of employers, being workmen whose place of
work is in Peninsular Malaysia, Sabah or work is in Peninsular Malaysia, Sabah or
Sarawak, as the case may be, or Sarawak, as the case may be, or
employers employing workmen in employers employing workmen in
Peninsular Malaysia, Sabah or Sarawak, Peninsular Malaysia, Sabah or Sarawak, as
as the case may be-- the case may be--
(a) within any particular establishment,

trade, occupation or industry or within (a) within any particular establishment,
any similar trades, occupations or trade, occupation or industry or within
industries; and any similar trades, occupations or
industries; and
(b) whether temporary or permanent; and
2
(b) whether temporary or permanent; and

(c) having among its objects one or more
of the following objects: (c) having among its objects one or more
of the following objects
(i) the regulation of relations
between workmen and employers (1) the regulation of relations between
for the purposes of promoting workmen and employers for the
good and harmonious industrial purposes of promoting good and
relations between workmen and harmonious industrial relations
employers, improving the working between workmen and employers,
conditions of workmen or improving the working conditions of
enhancing their economic and workmen or enhancing their economic
social status, or increasing and social status, or increasing
productivity; productivity;
(ia) the regulation of relations (ia) the regulation of relations between

between workmen and workmen, workmen and workmen, or between
or between employers and employers and employers;
employers;
(ii) the representation of either (ii) the representation of either workmen

workmen or employers in trade or employers in trade disputes;
disputes;
(iiA) the conducting of, or dealing (iiA) the conducting of, or dealing with,
with, trade disputes and matters trade disputes and matters related
related thereto; or thereto; or
3
(iii) he promotion or organisation or

financing of strikes or lock-outs in (iii) the promotion or organisation or
any trade or industry or the financing of strikes or lock-outs in any
provision of pay or other benefits trade or industry or the provision of
for its members during a strike or pay or other benefits for its members
lock-out; during a strike or lock-out;
2(2) For the purposes of the definition of For the purposes of the definition of "trade
"trade union" in subsection(1) and for union" in subsection(1) and for the
the purposes of sections 32, 33, 72 and purposes of sections 32, 33, 72 and 74,
74, "similar" means similar in the opinion "similar" means similar in the opinion of the
of the Director General. Director General.
PART II PART II
APPOINTMENT OF DIRECTOR APPOINTMENT OF DIRECTOR
GENERAL AND OTHER OFFICERS GENERAL AND OTHER OFFICERS
4(2) Subject to such limitations, if any, as may Subject to such limitations, if any, as may
be prescribed by regulations, any Director be prescribed by regulations, any Director
General appointed under subsection (1) General appointed under subsection (1)
shall perform all the duties and functions shall perform all the duties and functions
imposed and may exercise all the powers imposed and may exercise all the powers
conferred upon the Director General under conferred upon the Director General under
this Act, and every duty and function so this Act, and every duty and function so
4
performed and power so exercised shall performed and power so exercised shall be
be deemed to have been duly performed deemed to have been duly performed and
and exercised for the purposes of this Act. exercised for the purposes of this Act.
Nil 4B Delegation of powers
(1) The Director General may, in writing,

delegate any of his functions or powers
under this Act, subject to such
conditions, limitations or restrictions as
he thinks fit.
(2) Delegation made under this section

shall not preclude the Director General
himself from performing or exercising
the functions or powers so delegated.
PART III PART III

REGISTRATION REGISTRATION
7 Nil (1A)The register may be kept in whole or

in part in an electronic form.
5
7 Nil (1B)The Director General may require an

officer or member of a registered trade
union to produce such document or
provide such information as the Director
General may require for the purposes of
maintaining the register.
9(1) Date of establishment of trade union Date of establishment of trade union
For the purposes of this Act, a trade union For the purposes of this Act, a trade union
is established on the first date on which is established on the first date on which any
any workmen or employers agree to workmen or employers agree to become or
become or to create an association or to create an association or combination
combination within any particular within any particular establishment, trade,
establishment, trade, occupation or occupation or industry, and whether
industry, and whether temporary or temporary or permanent, for the
permanent, for the furtherance of any one furtherance of any one or more of the
or more of the objects specified in the objects specified in the definition of a trade
definition of a trade union in section 2. union in section 2.
12 Registration Registration
(1) The Director General may, upon The Director General may shall, upon
receiving any application under section 10, receiving any application under section 10,
and subject to this section, register the and subject to this section, register the
trade union in the prescribed manner. trade union in the prescribed manner.
6
(2) The Director General may refuse to The Director General may refuse to register
register a trade union in respect of a a trade union in respect of a particular
particular establishment, trade, occupation establishment, trade, occupation or industry
or industry if he is satisfied that there is in if he is satisfied that there is in existence a
existence a trade union representing the trade union representing the workmen in
workmen in that particular establishment, that particular establishment, trade,
trade, occupation or industry and it is not occupation or industry and it is not in the
in the interest of the workmen concerned interest of the workmen concerned that
that there be another trade union in there be another trade union in respect
respect thereof. thereof.
(3) The Director General shall refuse to (3) The Director General shall refuse to
register a trade union if-- register a trade union if--
(a) he is of the opinion that the trade (a) he is of the opinion that the trade
union is likely to be used for union is likely to be used for
unlawful purposes or for purposes unlawful purposes or for purposes
contrary to or inconsistent with its contrary to or inconsistent with its
objects and rules; objects and rules;
(b) any of the objects of the trade (b) any of the objects of the trade
union is unlawful; union is unlawful;
(c) he is not satisfied that the trade (c) he is not satisfied that the trade
union has complied with this Act union has complied with this Act
and of the regulations; and of the regulations;
7
(d) he is satisfied that the objects, (d) he is satisfied that the objects,
rules, and constitution of the rules, and constitution of the trade
trade union conflict with any of union are in serious violation
the provisions of this Act or of any conflict with any of the provisions of
regulations; or this Act or of any regulations; or
(e) the name under which the trade (e) he name under which the trade
union is to be registered is-- union is to be registered is--
1. identical to that of any other 2. identical to that of any other

existing trade union, or so existing trade union, or so
nearly resembles the name of nearly resembles the name of
such other trade union as, in such other trade union as, in
the opinion of the Director the opinion of the Director
General, is likely to deceive General, is likely to deceive the
the public or the members of public or the members of either
either trade union; or trade union; or
(ii) in the opinion of the Director (ii) in the opinion of the Director
General, undesirable, General, undesirable,
Nil (iii) could create a serious threat

to public order or inflame
sensitivities related to race,
religion or nationality.
unless the trade union alters its name to unless the trade union alters its name to
8
one acceptable to the Director General. one acceptable to the Director General.
15 Cancellation of registration
(1) A certificate of registration of a trade Remain

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 Remain
such manner as the Director
General may require;
(b) if he is satisfied—
(i) that the certificate of registration Remain

was obtained or issued by
fraud or mistake;
(ii) that any one of the objects or (ii) that any one of the objects or rules
rules of the trade union is of the trade union is unlawful used
unlawful; for criminal purpose;
(iii) that the constitution of the trade (ii) that the constitution of the trade
union or of its executive is union or of its executive is
9
unlawful; unlawful in serious violation of

this Act;
(iv) that the union has been or is

being or is likely to be used for (iv) that the union has been or is being
any unlawful purpose or for any or is likely to be used for any
purpose contrary to its objects unlawful purpose or for any
or rules; purpose contrary to its objects or
rules committed a serious
breach of law;
(v) that the trade union has
contravened any provision of (v) that the trade union has
this Act or of any regulations contravened any provision of this
made thereunder, or of any of Act or of any regulations made
its rules, or allowed any rule to thereunder, or of any of its rules,
continue in force which is or allowed any rule to continue in
inconsistent with any such force which is inconsistent with
provision, or has rescinded any any such provision, or has
rule providing for any matter for rescinded any rule providing for
which provision is required by any matter for which provision is
section 38; required by section 38;
(vi) that the funds of the trade union (vi) that the funds of the trade union are
are or have been expended in or have been expended in an
an unlawful manner or on an unlawful manner or on an unlawful
unlawful object or on an object object or on an object not
not authorized by the rules of authorized by the rules of the
the union; union a manner constituting a
10
serious breach of law;
(vii) that the trade union has ceased

to exist; or Remain
(c) upon the amalgamation of the trade

union under subsection 34(4) or the Remain
dissolution of the trade union under
section 42.
(2) Where two or more registered trade

unions exist in a particular establishment, (2) Where two or more registered trade
trade, occupation or industry, as the case unions exist in a particular establishment,
may be, the Director General may, if he is trade, occupation or industry, as the case
satisfied that it is in the interest of the may be, the Director General may, if he is
workmen in that establishment, trade, satisfied that it is in the interest of the
occupation or industry so to do-- workmen in that establishment, trade,
occupation or industry so to do--
(a) cancel the certificate of
registration of the trade union or (a)cancel the certificate of
trade unions other than the trade registration of the trade union or
union which has the largest trade unions other than the trade
number of workmen in the said union which has the largest number
establishment, trade, occupation of workmen in the said
or industry as its members; or establishment, trade, occupation or
industry as its members; or
(b) issue an order requiring the trade
union or trade unions other than (b) issue an order requiring the trade
11
the trade union which has the union or trade unions other than
largest number of workmen in the the trade union which has the
said establishment, trade, largest number of workmen in the
occupation or industry as its said establishment, trade,
members to remove from the occupation or industry as its
membership register those members to remove from the
members as are employed in that membership register those
establishment, trade, occupation members as are employed in that
or industry and thereafter the establishment, trade, occupation or
trade union or trade unions so industry and thereafter the trade
ordered shall not enrol as union or trade unions so ordered
members workmen in that shall not enrol as members
establishment, trade, occupation workmen in that establishment,
or industry, except with the trade, occupation or industry,
permission in writing of the except with the permission in
Director General; an order under writing of the Director General; an
this paragraph shall have full force order under this paragraph shall
and effect notwithstanding any have full force and effect
provision of the rules of the trade notwithstanding any provision of
unions concerned. 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
subsection(1)(b) or subsection (2)(a), he (2A) Where the Director General proposes
shall give to the trade union not less than to cancel or withdraw the certificate of
thirty days previous notice in writing registration of any trade union under
specifying the ground on which it is subsection(1)(b) or subsection (2)(a), he
12
proposed to cancel or withdraw its shall give to the trade union not less than
certificate of registration before such thirty days previous notice in writing
certificate is cancelled or withdrawn. 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 (2B) Where the Director General proposes
to issue an order to any trade union under to issue an order to any trade union under
subsection (2)(b), he shall prior to the subsection (2)(b), he shall prior to the issue
issue of such order, notify the trade union of such order, notify the trade union of his
of his intention to do so, and shall give it intention to do so, and shall give it an
an opportunity to submit such opportunity to submit such representations
representations as it may wish to make as it may wish to make against such order
against such order being issued. being issued.
18(1) Power of the Minister to suspend a Power of the Minister to suspend a trade
trade union union
(1) Notwithstanding anything in this Act, it (1) Notwithstanding anything in this Act, it
shall be lawful for the Minister in his shall be lawful for the Minister in his
absolute discretion, but with the absolute discretion, but with the
concurrence of the Minister responsible for concurrence of the Minister responsible for
internal security and public order, by order internal security and public order, by order
published in the Gazette to suspend for a published in the Gazette to suspend for a
period not exceeding six months any trade period not exceeding six months any trade
union, or any class or description of trade union, or any class or description of trade
unions, which in his opinion is, or is being, unions, which in his opinion is, or is being,
13
used for purposes prejudicial to or used for purposes prejudicial to or

incompatible with, the interests of the incompatible with, the interests of the
security of, or public order in, Malaysia or security of, or public order in, Malaysia or
any part thereof. any part thereof. criminal activity that
seriously threaten the public order and
security of the country.
Provided that no trade union shall be

suspended unless the act done is not
protected by existing labour
legislations.
18(7) (7) An order or direction of the Minister (7) An order or direction of the Minister
under this section shall be final and under this section shall be final and
conclusive. conclusive.
25A Strikes and lock-outs
(1) No trade union of workmen shall call Remain

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 (a) in the case of a trade union of
workmen, without first obtaining the workmen, without first obtaining the
consent by secret ballot of at least consent by secret ballot a vote of
two-thirds of its total number of at least two-thirds of the total
14
members who are entitled to vote number of members who are

and in respect of whom the strike is entitled to vote and in respect of
to be called; and in the case of a whom the strike is to be called are
trade union of employers, without recorded and majority of votes
first obtaining by secret ballot the are in favour of the proposed
consent of at least two-thirds of its strike; and in the case of a trade
total number of members who are union of employers, the consent by
entitled to vote; secret ballot a vote of at least two-
thirds of the total number of
members who are entitled to vote
and majority of votes are in
favour of the proposed lock-out;
(b) before the expiry of seven days (b) before the expiry of seven working
after submitting to the Director days after submitting to the Director
General the results of such secret General the results of such secret
ballot in accordance with section ballot in accordance with section
40(5); 40(5);
(c) if the secret ballot for the proposed Remain

strike or lock-out has become
invalid or of no effect by virtue of
section 40(2), (3), (6) or (9);
(d) in contravention of, or without Remain

complying with, the rules of the
trade union;
(e) in respect of any matter Remain
15
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 Remain

complying with, any other provision
of this Act or any provision of any
other written law.
Nil For the purpose of this section, working

day means a calendar day but exclude
restdays and public holidays applicable
at the State or Federal Territory where
the head office of the registered trade
union is situated.
(2) Any trade union which, and every 2) Any trade union which, and every
member of its executive who, commences, member of its executive who, commences,
promotes, organizes or finances any strike promotes, organizes or finances any strike
or lock-out which is in contravention of or lock-out which is in contravention of
subsection (1) shall be guilty of an offence subsection (1) shall be guilty of an offence
and shall, on conviction, be liable to a fine and shall, on conviction, be liable to a fine
not exceeding two thousand ringgit, or to not exceeding five two thousand ringgit, or
imprisonment for a term not exceeding to imprisonment for a term not exceeding
one year, or to both, and a further fine of one year, or to both, and a further fine of
one hundred ringgit for every day during two one hundred ringgit for every day
which such offence continues. during which such offence continues.
16
PART V PART V
CONSTITUTION CONSTITUTION
26 Membership of minors Membership of minors
(1) Subject to the provisions of this Act, a Remain

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 herein
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

Remain
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--
17
(a) bona fide employed as a Remain

workman; and
(b) over the age of eighteen years. Remain
(1A) No person shall join, or be a member (1A) No person shall join, or be a member
of, or be accepted or retained as a of, or be accepted or retained as a member
member by, any trade union if he is not by, any trade union if he is not employed or
employed or engaged in any engaged in any establishment, trade,
establishment, trade, occupation or occupation or industry in respect of which
industry in respect of which the trade the trade union is registered. No person
union is registered. shall join, or be a member of, or be
accepted or in the case of retired,
suspended or dismissed workman,
retained as a member by a trade union
except as provided in the constitution in
respect of which the trade union is
registered.
(1B) For the purpose of subsection (1A),

(1B) For the purpose of subsection (1A), any person who is employed by a trade
any person who is employed by a trade union as a member of its executive under
union as a member of its executive under paragraph (a) of the proviso to section
paragraph (a) of the proviso to section 29(1) shall be deemed to be employed or
29(1) shall be deemed to be employed or engaged in the establishment, trade,
engaged in the establishment, trade, occupation or industry concerned.
18
occupation or industry concerned. Membership in a trade union shall be

regulated in the constitution and by
laws of the trade union.
26(4) Nil (1) Where a trade union of workmen has

served a claim for recognition under the
Industrial Relations Act 1967 [Act 177],
the Director General may, upon receipt
of a reference from the Director General
for Industrial Relations, take such steps
or make such enquiries to determine --
(a) a competency check to ascertain

the competence of the trade union
of workmen concerned to
represent any workmen or class
of workmen in respect of whom
recognition is sought to be
accorded; and
(b) in the event the trade union is

competent, the Director General
may, upon request from the
Director General for Industrial
Relations, a membership check in
such manner, as may be
prescribed by regulations, in
19
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.
(2) In this section, the Director General

may, if he considers necessary, enter
into any premises to obtain or
communicate information with a trade
union and its members.
28 Officers
(1) A person shall not be or act as a Remain

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; (a) he is not a citizen of the Federation;
(b) (Deleted by Act A1324 s 9(b) ); Remain
(c) he has been a member of the
20
executive of any trade union the

registration of which has been
cancelled or withdrawn under
section 15(1)(b)(iv), (v) or (vi) or
under any law repealed by this Act;
(c1) he is an office-bearer or employee
(c1) he is an office-bearer or employee of a political party;
of a political party;
(d) he has been convicted by any court of
(d) he has been convicted by any court law of criminal breach of trust,
of law of criminal breach of trust, extortion or intimidation, or of an
extortion or intimidation, or of an offence under section 49, 50 or 50A
offence under section 49, 50 or or of any offence directly related to
50A or of any offence which in the a serious breach of fiduciary duty
opinion of the Director General which in the opinion of the Director
renders him unfit to be an officer of General renders him unfit to be an
a trade union; or officer of a trade union; or
(e) he is a bankrupt:
(f) in the case of a non citizen, has not

NIL been legally employed or engaged
in Malaysia for a period of at least
3 years consecutively preceding
to the election as an officer.
Provided that paragraphs (a) and (b) shall Provided that paragraphs (a) and (b) shall
not apply in the case of a union which, in not apply in the case of a union which, in
the opinion of the Minister, is required by its
21
the opinion of the Minister, is required by objects to represent persons or the

its objects to represent persons or the interests of persons who are not resident in
interests of persons who are not resident Peninsular Malaysia, Sabah or Sarawak, as
in Peninsular Malaysia, Sabah or the case may be.
Sarawak, as the case may be.
29 Employees of a trade union Employees of a trade union
(1) A registered trade union may, subject (1) A registered trade union may, subject to
to subsection (2) and of the rules of such subsection (2) and of the rules of such
union, employ and pay a secretary, union, employ any person as employee of
treasurer and such other persons as may a trade union and pay a secretary,
be necessary for the purposes of such treasurer and such other persons as may
union or of any federation of trade unions be necessary for the purposes of such
to which the union belongs: union or of any federation of trade unions to
which the union belongs:
Provided that no employee of such union

Provided that no employee of such union
other than--
other than--
(a) the holder of a full-time office as
(a) the holder of a full-time office as
secretary, assistant secretary,
secretary, assistant secretary,
treasurer or assistant treasurer
treasurer or assistant treasurer who
who is elected in accordance with
is elected in accordance with the
the rules of such union; or
rules of such union; or
(b) a secretary, assistant secretary,
treasurer or assistant treasurer (b) a secretary, assistant secretary,
22
who is employed as such treasurer or assistant treasurer who

immediately before the is employed as such immediately
commencement of this paragraph before the commencement of this
and possessing no power of voting paragraph and possessing no power
in respect of the affairs of such of voting in respect of the affairs of
union or of any of its committees, such union or of any of its
committees,
shall be a member of the executive of

such union.
shall be a member of the executive of such
union.
30 Power of Minister in relation to sections Power of Minister in relation to sections

28 and 29 28 and 29
The Minister may by order-- The Minister may by order--
(a) declare that section 28 or 29 shall (a) declare that section 28 or 29 shall
not apply to any registered trade not apply to any registered trade
union or class of registered trade union or class of registered trade
unions specified in the order; or unions specified in the order; or
(b) grant, either absolutely or subject to Remain

such conditions as he may
consider reasonably necessary,
exemption from all or any of the
provisions of section 28 or 29 in
23
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.
Amalgamation Amalgamation
32
Any two or more registered trade unions Any two or more registered trade unions
whose members are employed within whose members are employed within
similar trades, occupations or industries similar trades, occupations or industries
may become amalgamated as one trade may become amalgamated as one trade
union, with all the funds of such trade union, with all the funds of such trade
unions vested in the amalgamated trade unions vested in the amalgamated trade
union and all their properties vested in the union and all their properties vested in the
trustees of the amalgamated trade union, trustees of the amalgamated trade union,
provided that-- provided that--
(a) the votes of at least one-half of Remain

the members of each or every
such trade union entitled to
vote are recorded; and
(b) that at least sixty per centum of the Remain

votes recorded are in favour of the
24
proposal.
33 Transfer of engagements Transfer of engagements
(1)(a) Subject as hereinafter provided a (1)(a)Subject as hereinafter provided a

trade union may by a special resolution trade union may by a special resolution
transfer its engagements to any other transfer its engagements to any other trade
trade union whose members are employed union whose members are employed within
within similar trades, occupations or similar trades, occupations or industries
industries which may undertake to fulfil which may undertake to fulfil those
those engagements; but no transfer under engagements; but no transfer under this
this section shall prejudice any right of any section shall prejudice any right of any
creditor of any trade union which is a party creditor of any trade union which is a party
thereto. thereto.
38 Rules
(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:
25
Provided that any alteration of the rules Provided that any alteration of the rules
which results in increasing the liability of which results in increasing the liability of
the members to contribute other than the the members to contribute other than the
increase of members' subscription or in increase of members' subscription or in
decreasing the benefits to which members decreasing the benefits to which members
are entitled shall not be approved by the are entitled shall not be approved by the
Director General unless more than one- Director General unless more than one-half
half of the members entitled to vote in of votes returned are the members
accordance with the union's rules have entitled to vote in accordance with the
voted in favour of the proposed alteration. union's rules have voted in favour of the
proposed alteration.
40 Secret ballot Remain
(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 Remain

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 Remain

trustees) by the members in
accordance with the rules of the
26
union;
(c) all matters relating to strikes or lock- Remain
outs;
(d) the imposition of a levy; Remain
(e) dissolution of the trade union or Remain

federation of trade unions;
(f) amendment of the rules where such Remain

amendment results in increasing
the liability of the members to
contribute or in decreasing the
benefits to which members are
entitled;
Remain
(g) amalgamation with another trade
union or transfer of engagements to
another trade union.
Remain
(h) (Deleted by Act A717).
(i) Affiliation with consultative or

Nil similar bodies established outside
Malaysia
40(6) Where a trade union has taken a secret Where a trade union has taken a secret
27
ballot to call for a strike or to declare a ballot to call for a strike or to declare a lock-
lock-out, the Director General may upon out, the Director General may upon receipt
receipt of the results thereof under of the results thereof under subsection (5),
subsection (5), carry out all such carry out all such investigations as he may
investigations as he may deem necessary, deem necessary, and where he is satisfied
and where he is satisfied that the the findings indicate that the proposed
proposed strike or lock-out if carried out strike or lock-out if carried out would
would contravene this Act or any other contravene section 25A or section 40 of
written law he shall direct the trade union this Act or any other written law he shall
not to commence the proposed strike or direct the trade union not to commence the
lock-out. proposed strike or lock-out.
PART X PART X
OFFENCES AND PENALTIES OFFENCES AND PENALTIES
64 Prosecution and power to enter

premises Prosecution and power to enter
premises
(1) Any prosecution in respect of any
offence under this Act or any regulations (1) Any prosecution in respect of any
may be conducted by the Director General offence under this Act or any regulations
with the prior written consent of the Public may be conducted by the Director General
Prosecutor. with the prior written consent of the Public
Prosecutor.
(2) The Director General may--
(2) The Director General may--
(a) for the purposes of discharging
any of his duties or carrying out any (a) for the purposes of discharging any
28
of his functions under this Act or any of his duties or carrying out any of his
regulations, or otherwise for any of functions under this Act or any
the purposes of this Act or any regulations, or otherwise for any of
regulations, enter at any reasonable the purposes of this Act or any
time into the registered office of a regulations, enter at any reasonable
trade union or any premises or time into the registered office of a
place which he has reason to trade union or any premises or place
believe is kept or used for the which he has reason to believe is
purposes of the trade union and kept or used for the purposes of the
may carry out such inspection and trade union and may carry out such
examination as he may consider inspection and examination as he
necessary; and may consider necessary; and
(b) where he has reasonable grounds for

(b) where he has reasonable grounds believing that an offence under this
for believing that an offence under Act or any regulations has been
this Act or any regulations has been committed, enter at any time, after
committed, enter at any time, after obtaining a search warrant from a
obtaining a search warrant from a Magistrate, any office, premises or
Magistrate, any office, premises or place which is specified in the search
place which is specified in the warrant, and carry out any search,
search warrant, and carry out any inspection or examination, and seize
search, inspection or examination, or detain any article or document
and seize or detain any article or found in such office, premises or
document found in such office, place which may be required for the
premises or place which may be purposes of any prosecution in
required for the purposes of any respect of such offence.
prosecution in respect of such
offence.
29
(3) A search warrant under subsection (2)

(3) A search warrant under subsection (2) (b) may be issued by a Magistrate to the
(b) may be issued by a Magistrate to the Director General if he is satisfied upon
Director General if he is satisfied upon written information by the Director General
written information by the Director General that there is good reason to believe that an
that there is good reason to believe that an offence under this Act or any regulations
offence under this Act or any regulations has been committed, and that the office,
has been committed, and that the office, premises or place to be specified in the
premises or place to be specified in the search warrant is kept or used for the
search warrant is kept or used for the purposes of the trade union.
purposes of the trade union.
65 Saving of offences under other written Saving of offences under other written law
law
Subject to Clause (2) of Article 7 of the Subject to Clause (2) of Article 7 of the
Constitution, the offences and penalties Constitution, the offences and penalties
specially defined and provided in this Act specially defined and provided in this Act
are in addition to and not in substitution for are in addition to and not in substitution for
those defined and provided in any other those defined and provided in any other
written law. written law.
PART XA PART XA I
INVESTIGATION AND PROSECUTION INVESTIGATION AND PROSECUTION
30
To insert a new part “Investigation and Prosecution”. Part of the provisions are taken
from Part IXA Industrial Relations Act 1967. The new part is inserted to provide the
necessary power to the Department with regard to investigation and prosecution on any
offence committed by a trade union under the Act.
65A Nil 65A Investigation Officer
The Director General may appoint such

number of investigation officers, from
amongst the officers appointed under
section 4, as may be necessary for the
purposes of this Act.
Nil 65B Authority Card

65B
(1) There shall be issued to each
investigation officer an authority card
which shall be signed by the Director
General.
(2) Whenever an investigation officer

exercises any of the powers under this
Act, he shall on demand produce to the
person against whom the power is being
exercised the authority card issued to
him under subsection (1).
31
65C Nil 65C Power To Conduct Investigation
(1) Where an investigation officer has

reason to suspect that a person has
committed an offence against this Act,
its regulations or rules of the trade
union, he may make such investigation
as he thinks expedient for the due
administration of this Act.
(2) where he has reasonable grounds for

believing that an offence under this Act,
its regulations or any rules of the trade
union has been committed, enter at any
reasonable 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 subsection

(2) may be issued by a Magistrate to the
Director General if he is satisfied upon
32
written information by the Director

General that there is good reason to
believe that an offence under this Act,
its regulations or rules of the trade
union 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.
65E Nil 65E Prosecution
(1) Any prosecution in respect of any

offence under this Act, its regulations or
any rules of the trade union, may be
conducted by the Director General with
the prior written consent of the Public
Prosecutor.
(2) Where an offence under this Act has

been committed by a trade union, the
President, Secretary, Treasurer or other
officer of the trade union at the time of
the commission of the offence may be
charged severally or jointly in the same
proceedings as the trade union and if
the trade union is found to have
committed the offence, shall be deemed
to have committed the offence unless he
33
proves that the offence was committed

without his knowledge or connivance or
that he took all reasonable precautions
or that he had exercised due diligence to
prevent the commission of the offence.
65F Nil 65F Saving Of Offences Under Other

Written Law
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 PART XI
MISCELLANEOUS MISCELLANEOUS
71 Power of Director General to summon Power of Director General to summon

witnesses witnesses
(1) The Director General may summon (1) The Director General may summon
before him any person who he has reason before him any person who he has reason
34
to believe is able to give any information-- to believe is able to give any information--
(a) as to the existence of or as to the (a) as to the existence of or as to the

operations of any trade union or operations of any trade union or
suspected trade union, which is suspected trade union, which is not
not registered under this Act; or registered under this Act; or
(b) as to the activities of any (b) as to the activities of any registered

registered trade union. trade union.
(2) The person so summoned shall attend (2) The person so summoned shall attend
at the hour and place in the summons at the hour and place in the summons
specified, and produce all documents in specified, and produce all documents in his
his custody, possession or power relating custody, possession or power relating to
to such trade union or suspected trade such trade union or suspected trade union,
union, and answer truthfully all questions and answer truthfully all questions which
which the Director General may put to him the Director General may put to him
(3) The Director General may administer (3) The Director General may administer
oaths to and examine on oath any person oaths to and examine on oath any person
summoned before him under this section. summoned before him under this section.
(4) Any person who refuses to comply with (4) Any person who refuses to comply with
such order or who obstructs compliance such order or who obstructs compliance
with such order may be arrested and with such order may be arrested and
35
detained in custody and shall, on detained in custody and shall, on

conviction, be liable to a fine not conviction, be liable to a fine not exceeding
exceeding five hundred ringgit. five hundred ringgit.
(5) No statement made by a person (5) No statement made by a person

summoned before the Director General summoned before the Director General
under this section shall subject him to any under this section shall subject him to any
arrest or criminal prosecution, or be arrest or criminal prosecution, or be proved
proved against him in any criminal against him in any criminal proceeding,
proceeding, except a prosecution for except a prosecution for failing to answer
failing to answer truthfully under this truthfully under this section.
section.
71A Appeal to Minister Remain
(1) Any person who is dissatisfied with any Remain

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) section 2(2); (a) section 2(2);
(b) section 12; (b) section 12;
(c) section 15(2)(b) or section 15(4); (c) section 15(2)(b) or section 15(4);
36
(d) section 16(1); (d) section 16(1);
(e) section 17(1); (e) section 17(1);
(f) section 25a(4); (f) section 25a(4);
(g) section 28(1)(d), or section 29(2) (g) section 28(1)(d), or section 29(2)(b);
(b);
(h) section 34(2);
(h) section 34(2);
(i) section 40(6) or 40(9);
(i) section 40(6) or 40(9);
(j) section 54(1);
(j) section 54(1);
(k) section 76A(1); or
(k) section 76a(1); or
(l) section 76c (1),
(l) section 76c(1),
may, within thirty days from the rate of the
may, within thirty days from the rate of the opinion, order, declaration,refusal,
opinion, order, declaration, refusal, cancellation, withdrawal, direction or
cancellation, withdrawal, direction or decision of the Director General, appeal
decision of the Director General, appeal against the same to the Minister, in such
against the same to the Minister, in such manner as may be prescribed by
manner as may be prescribed by regulations
regulations.
71A(4) A direction or decision of the Minister A direction or decision of the Minister under
under this section shall be final and this section shall be final and conclusive.
37
conclusive.
71C Nil 71C Electronic Medium
(1) The Director General may require any

application, notice or form prescribed
under this Act and its regulations by a
registered trade union to be furnished
by way of an electronic transmission.
(2) For the purposes of subsection (1),

the conditions and specifications under
which any application, notice or form is
to be furnished shall be determined by
the Director General.
71D Nil 71D LEGAL RECOGNITION OF

ELECTRONIC MESSAGE
(1) Any information shall not be denied

legal effect, validity or enforceability on
the ground that it is wholly or partly in
an electronic form.
(2) Any information shall not be denied

legal effect, validity or enforceability on
the ground that the information is not
38
contained in the electronic message that

gives rise to such legal effect, but is
merely referred to in that electronic
message, provided that the information
being referred to is accessible to the
person against whom the referred
information might be used.
PART XII FEDERATION OF TRADE PART XII FEDERATION OF TRADE

UNIONS UNIONS
72 Formation of federation of trade unions Formation of federation of trade unions
Two or more registered trade unions in Two or more registered trade unions in
Malaysia whose members are employed in Malaysia whose members are employed in
a similar trade, occupation or industry may a similar trade, occupation or industry may
form or create a federation of trade unions form or create a federation of trade unions
if the consent of the members of each of if the consent of the members or delegates
the registered trade unions wishing to form of each of the registered trade unions
or create a federation has been obtained wishing to form or create a federation has
by a majority of votes taken at a general been obtained by a majority of votes taken
meeting or a meeting of delegates, as the at a general meeting or a meeting of
case may be, after service on the Director delegates, as the case may be, after
General and all members of the union, not service on the Director General and all
less than fourteen days prior to such members of the union, not less than
meeting, of notice of the proposed fourteen days prior to such meeting, of
resolution to participate in the federation. notice of the proposed resolution to
39
participate in the federation.
74 Affiliation with registered federation of Affiliation with registered federation of

trade unions trade unions
(1) A registered trade union may affiliate (1) A registered trade union may affiliate
with a registered federation of trade unions with a registered federation of trade unions
representing similar trades, occupations or representing similar trades, occupations or
industries if the consent of the members of industries if the consent of the members or
the trade union to such affiliation has been delegates of the trade union to such
obtained in the manner provided in affiliation has been obtained in the manner
section72, and the federation of trade provided in section72, and the federation of
unions files with the Director General a trade unions files with the Director General
notice, signed by the secretary of the a notice of acceptance , signed by the
federation, that the application to affiliate secretary of the federation, that the
has been duly approved by the federation. application to affiliate has been duly
approved by the federation.
PART XIIA PART XIIA

CONSULTATIVE BODIES CONSULTATIVE BODIES
76A Restriction on the formation of or Restriction on the formation of or

affiliation with consultative or similar affiliation with consultative or similar
bodies bodies
(1) No trade union registered under this (1) No trade union registered under this Act
40
Act shall affiliate with, or be a member of, shall affiliate with, or be a member of, any
any consultative or similar body, by consultative or similar body, by whatever
whatever name called, established outside name called, established outside Malaysia,
Malaysia, except with the prior permission except with the prior permission in writing
in writing of the Director General and of the Director General and subject to such
subject to such conditions as he may conditions as he may impose:
impose:
Provided that no such permission shall be
Provided that no such permission shall be given where the Director General is
given where the Director General is satisfied-
satisfied-- unless the consent by secret ballot of at
least more than one half of its members
or delegates entitled to vote has been
obtained and the result of the secret
ballot is submitted to the Director
General within 14 days of the taking of
such ballot.
(a) that such body pursues or intends to

pursue any of the objects specified in
(a) that such body pursues or intends the definition of "trade union" in
to pursue any of the objects section 2(1) other than the regulation
specified in the definition of "trade of relations between workmen and
union" in section2(1) other than workmen or between employers and
the regulation of relations between employers, as the case may be; or
workmen and workmen or
between employers and (b) that the consent of the members of
employers, as the case may be; or
41
the union has not been obtained by a

(b) that the consent of the members of majority of votes taken at a general
the union has not been obtained meeting or a meeting of delegates,
by a majority of votes taken at a after service on the members or
general meeting or a meeting of delegates, as the case may be, not
delegates, after service on the less than fourteen days prior to such
members or delegates, as the meeting, of notice of the proposed
case may be, not less than resolution to affiliate with, or be a
fourteen days prior to such member of, such consultative or
meeting, of notice of the proposed similar body.
resolution to affiliate with, or be a
member of, such consultative or
similar body. (2)(a) A registered trade union may form
with any other registered trade union,
affiliate with, or be a member of, any
(2) (a) A registered trade union may from consultative or similar body, by whatever
with any other registered trade union, name called, established within Malaysia,
affiliate with, or be a member of, any that does not pursue or intend to pursue
consultative or similar body, by whatever any of the objects specified in the definition
name called, established within Malaysia, of "trade union" in section 2(1) other than
that does not pursue or intend to pursue the regulation of relations between
any of the objects specified in the workmen and workmen or between
definition of "trade union" in section 2(1) employers and employers, as the case may
other than the regulation of relations be, if the consent of the members or
between workmen and workmen or delegates of the registered trade union has
between employers and employers, as the been obtained by a majority of votes taken
case may be, if the consent of the at a general meeting or a meeting of
members of the registered trade union has delegates, after service on the members or
been obtained by a majority of votes taken delegates, as the case may be, not less
42
at a general meeting or a meeting of than fourteen days prior to such meeting, of

delegates, after service on the members notice of the proposed resolution to form,
or delegates, as the case may be, not less affiliate with, or be a member of, such
than fourteen days prior to such meeting, consultative or similar body.
of notice of the proposed resolution to
form, affiliate with, or be a member of, (b) The trade union concerned shall within
such consultative or similar body. sixty days of the formation, affiliation or
membership referred to in paragraph (a)
(b) The trade union concerned shall within notify the Director General in writing of
sixty days of the formation, affiliation or such formation, affiliation or membership
membership referred to in paragraph (a) and such notification shall be accompanied
notify the Director General in writing of with a statement of the particulars referred
such formation, affiliation or membership to in section76B(2).
and such notification shall be
accompanied with a statement of the (2A) The trade union referred to in
particulars referred to in section76b(2). subsection (1) and (2), shall within sixty
days of the formation, affiliation or
(2A) Nil membership notify the Director General
in writting of such formation, affiliation
or membership and such notification
shall be accompanied with a statement
of the following particulars, namely;
(a) he name of such body and

address of its head office;
(b) the objects for which such body

is established;
43
(c) the title and name of each office-

bearer; and
(d) that the affiliation has been duly

approved by such body.
76B Application for permission to form or Application for permission to form or

affiliate with consultative bodies affiliate with consultative bodies
(1) Every application for the permission of (1) Every application for the permission of
the Director General referred to in section the Director General referred to in section
76a(1) shall be made to the Director 76a(1) shall be made to the Director
General in the prescribed form and shall General in the prescribed form and shall be
be signed by at least three principal signed by at least three principal officers of
officers of the union. the union.
(2) Every application under subsection (1) (2) Every application under subsection (1)
shall be accompanied by a copy of the and shall be accompanied by a copy of the and
rules of the consultative or similar body rules of the consultative or similar body and
and a statement of the following a statement of the following particulars,
particulars, namely: namely:
(a) the name of such body and the (a) the name of such body and the
address of its head office; address of its head office;
(b) he objects for which such body is (b) he objects for which such body is
established; established;
44
(c) the title, name, date of birth, (c) the title, name, date of birth,
address and occupation of each address and occupation of each
office-bearer of such body and office-bearer of such body and
such other information and such other information and
particulars regarding such office- particulars regarding such office-
bearer as the Director General bearer as the Director General
may require to be furnished; and may require to be furnished; and
(d) such other information and (d) such other information and
particulars whatsoever relating to particulars whatsoever relating to
such body or to any person such body or to any person
connected therewith or to the connected therewith or to the
application as the Director application as the Director
General may require to be General may require to be
furnished. furnished.
76C Power of Director General to withdraw Power of Director General to withdraw

permission or declare affiliation invalid permission or declare affiliation invalid
Where the Director General is satisfied Where the Director General is satisfied
that-- that--
(a) any trade union which is affiliated (a) any trade union which is affiliated
with, or is a member of, any with, or is a member of, any
consultative or similar body: or consultative or similar body: or
(b) the consultative or similar body with (b) the consultative or similar body with
which such trade union is affiliated, which such trade union is affiliated,
or of which it is a member, or of which it is a member,
45
has acted or is acting in contravention of has acted or is acting in contravention of

any provision of this Act or any other any provision of this Act or any other
written law or any condition imposed by written law or any condition imposed by
him, he may-- him, he may engaged in criminal activity
or other activity that seriously threaten
the security of the country, declare such
affiliation or membership to be invalid.
(a) in the case of a trade union to which (a) in the case of a trade union to which
permission has been granted under permission has been granted under
section 76a(1), withdraw such section 76a(1), withdraw such
permission; or permission; or
(b) in the case of a trade union which has (b) in the case of a trade union which has
given notification to the Director given notification to the Director
General under section 76A(2), General under section 76A(2),
declare such affiliation or declare such affiliation or membership
membership to be invalid, to be invalid,
and upon such withdrawal or declaration, and upon such withdrawal or declaration,
such trade union shall forthwith cease its such trade union shall forthwith cease its
affiliation with, or membership of, such affiliation with, or membership of, such
consultative or similar body. consultative or similar body.
46
47

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DRAFT AS AT 21.11.

PROPOSED TABLE OF AMENDMENT TO THE

SECTION ORIGINAL PROVISION PROPOSED AMENDMENT COMMENT

2(1) Nil “electronic message” means an

SECTION ORIGINAL PROVISION PROPOSED AMENDMENT COMMENT

2(1) Nil "electronic transmission" means the

2(1) Nil “federation” means a federation of two

(a) within any particular establishment,

SECTION ORIGINAL PROVISION PROPOSED AMENDMENT COMMENT

(b) whether temporary or permanent; and

(ia) the regulation of relations (ia) the regulation of relations between

(ii) the representation of either (ii) the representation of either workmen

SECTION ORIGINAL PROVISION PROPOSED AMENDMENT COMMENT

(iii) he promotion or organisation or

SECTION ORIGINAL PROVISION PROPOSED AMENDMENT COMMENT

Nil 4B Delegation of powers

(1) The Director General may, in writing,

(2) Delegation made under this section

PART III PART III

7 Nil (1A)The register may be kept in whole or

SECTION ORIGINAL PROVISION PROPOSED AMENDMENT COMMENT

7 Nil (1B)The Director General may require an

9(1) Date of establishment of trade union Date of establishment of trade union

SECTION ORIGINAL PROVISION PROPOSED AMENDMENT COMMENT

SECTION ORIGINAL PROVISION PROPOSED AMENDMENT COMMENT

1. identical to that of any other 2. identical to that of any other

Nil (iii) could create a serious threat

SECTION ORIGINAL PROVISION PROPOSED AMENDMENT COMMENT

(1) A certificate of registration of a trade Remain

(a) at the request of the trade union

(i) that the certificate of registration Remain

SECTION ORIGINAL PROVISION PROPOSED AMENDMENT COMMENT

unlawful; unlawful in serious violation of

(iv) that the union has been or is

SECTION ORIGINAL PROVISION PROPOSED AMENDMENT COMMENT

serious breach of law;

(vii) that the trade union has ceased

(c) upon the amalgamation of the trade

(2) Where two or more registered trade

SECTION ORIGINAL PROVISION PROPOSED AMENDMENT COMMENT

(2A) Where the Director General proposes

SECTION ORIGINAL PROVISION PROPOSED AMENDMENT COMMENT

SECTION ORIGINAL PROVISION PROPOSED AMENDMENT COMMENT

used for purposes prejudicial to or used for purposes prejudicial to or

Provided that no trade union shall be

25A Strikes and lock-outs

(1) No trade union of workmen shall call Remain

SECTION ORIGINAL PROVISION PROPOSED AMENDMENT COMMENT

members who are entitled to vote number of members who are

(c) if the secret ballot for the proposed Remain

(d) in contravention of, or without Remain

(e) in respect of any matter Remain

SECTION ORIGINAL PROVISION PROPOSED AMENDMENT COMMENT

covered by a direction or decision

(f) in contravention of, or without Remain

Nil For the purpose of this section, working

SECTION ORIGINAL PROVISION PROPOSED AMENDMENT COMMENT

26 Membership of minors Membership of minors

(1) Subject to the provisions of this Act, a Remain

Provided that no person for whom

SECTION ORIGINAL PROVISION PROPOSED AMENDMENT COMMENT

(a) bona fide employed as a Remain

(b) over the age of eighteen years. Remain