262 - AKTA KESATUAN SEKERJA 1959

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 262 TRADE UNIONS ACT 1959 As at 15 September 2024 This text is ONLY AN UPDATED TEXT of the Trade Unions Act 1959 by the Attorney General’s Chambers. Unless and until reprinted pursuant to the powers of the Commissioner of Law Revision under subsection 14(1) of the Revision of Laws Act 1968 [Act 1], this text is NOT AN AUTHENTIC TEXT. 2 TRADE UNIONS ACT 1959 First enacted … … … … … … … 1959 (F.M. Ordinance Act No. 23 of 1959) Revised … … … … … … … … 1981 (Act 262 w.e.f. 11 February 1982) Latest amendment made by Act A1700 which came into operation on … … … … … … 15 September 2024 PREVIOUS REPRINTS First Reprint … … … … … 1968 Second Reprint … … … … … 2000 Third Reprint … … … … … 2006 3 LAWS OF MALAYSIA Act 262 TRADE UNIONS ACT 1959 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title 2. Interpretation PART II APPOINTMENT OF DIRECTOR GENERAL AND OTHER OFFICERS 3. Appointment of Director General 4. Appointment of Deputy Director General and other officers 4A. Powers of Director General 5. All officers to be public servants 6. Protection of public servants PART III REGISTRATION 7. Register of trade unions 8. Necessity for registration 9. Date of establishment of trade union 10. Application for registration 4 Laws of Malaysia ACT 262 Section 11. Temporary provisions relating to collection of funds 12. Registration 13. Certificate of registration 14. Power of Director General to call for further particulars 15. Cancellation of registration 16. Prohibition on activities during period of notice of intended cancellation or determination of appeal 17. (Deleted) 18. Power of the Minister to suspend a trade union 19. Consequences of failure to register or of cancellation of registration PART IV RIGHTS AND LIABILITIES OF TRADE UNIONS 20. Disabilities of unregistered union 21. Immunity from civil suit in certain cases 22. Liability in tort 23. Liability in contract 24. Objects in restraint of trade not unlawful in case of registered trade union 25. Proceedings by and against trade unions 25A. Strikes and lock-outs PART V CONSTITUTION 26. Membership of trade union 27. Membership of public officers and employees of statutory authorities 28. Officers 29. Employees of a trade union 30. Power of Minister in relation to sections 28 and 29 Trade Union 5 Section 31. Change of name 32. Amalgamation 33. Transfer of engagements 34. Notice of change of name or amalgamation 35. (Repealed) 36. Effect of change of name or amalgamation 37. Registered office 38. Rules 39. (Repealed) 40. Secret ballot 40A. Imposition of levy 41. Notification of changes of officers and employees 42. Notification of dissolution 43. Trustees PART VI DISPUTES 44. Decision of disputes 45. Powers of the Court and Director General in relation to disputes 46. Interpretation of “dispute” for the purpose of this Part PART VII PROPERTY 47. All property vested in trustees 48. Devolution of property 49. Investment of funds 6 Laws of Malaysia ACT 262 PART VIII FUNDS AND ACCOUNTS Section 50. Application of funds 50A. Collection of funds and moneys 51. Prohibition of payment of fines or penalties 52. Prohibition of use of funds for political objects 53. Injunction to restrain misuse of funds 54. Preservation of funds of registered trade union 55. Duty to render accounts 56. Annual returns to be prepared as Director General may direct 57. Keeping and inspection of accounts and records PART IX REGULATIONS 58. Regulations PART X OFFENCES AND PENALTIES 59. Acts done prior to registration 60. Misuse of money or property of a registered trade union 61. Supplying false information regarding trade unions 62. Failure to submit returns 63. General penalty 63A. Power of enforcement 63B. Enforcement officer 63C. Powers of examination 63D. Production, etc., of article or document 63E. Seizure of article or document Trade Union 7 Section 64. Prosecution and power to enter premises 65. Saving of offences under other written law 65A. Liability of president, secretary, treasurer etc., of trade union PART XI MISCELLANEOUS 66. Act not to affect certain agreements or authorize action outside rules 67. Legislation relating to societies and companies not applicable to trade unions 68. Service of legal process 68A. Service of summons issued by the Director General 69. Notification in the Gazette 70. Inspection, production and evidence of documents of the Director General 71. Power of Director General to summon witnesses 71A. Appeal to Minister 71B. Admissibility of electronic record PART XII FEDERATION OF TRADE UNIONS 72. Formation of federation of trade unions 73. Registration of federation of trade unions 74. Affiliation with registered federation of trade unions 75. Provisions and penalties applicable to federation of trade unions 76. Decisions by secret ballot 8 Laws of Malaysia ACT 262 PART XIIA CONSULTATIVE BODIES Section 76A. Restriction on the formation of or affiliation with consultative or similar bodies. 76B. Application for permission to form or affiliate with consultative bodies 76C. Power of Director General to withdraw permission or declare affiliation invalid 76D. Duty to inform the Director General of appointment to an office or employment in consultative bodies 76E. Application of Societies Act 1966 to consultative body 76F. Interpretation of consultative or similar body PART XIII TRANSITORY PROVISIONS AND REPEAL 77. Transitory provisions relating to existing trade unions 78. Transitory provisions relating to existing federations 79. Repeal FIRST SCHEDULE SECOND SCHEDULE— Repealed THIRD SCHEDULE FOURTH SCHEDULE 9 LAWS OF MALAYSIA Act 262 TRADE UNIONS ACT 1959 An Act relating to trade unions. [Peninsular Malaysia — 1 June 1959, L.N. 192/1959; Sabah — 25 March 1965, L.N. 115/1965; Sarawak — 19 August 1965, L.N. 311/1965] PART I PRELIMINARY Short title 1. This Act may be cited as the Trade Unions Act 1959. Interpretation 2. (1) In this Act, unless the context otherwise requires or it is otherwise expressly provided— “Director General” means the Director General of Trade Unions appointed under section 3, and includes a Deputy Director General, a Director, an Assistant Director of Trade Unions, and a Trade Unions Officer, appointed under section 4; “Director General for Industrial Relations” means Director General as appointed under subsection 2A(1) of the Industrial Relations Act 1967 [Act 177]; 10 Laws of Malaysia ACT 262 “employee”, when used with reference to a trade union or political party means any person who is engaged for hire or reward on a full-time or part-time basis; “employer” means any person or body of persons, whether corporate or unincorporate, who employs a workman, and includes the Government and any statutory authority; “establishment” means any place of business or employment belonging to an employer and includes any division or branch thereof; “executive” means the body, by whatever name called, to which the management of the affairs of a trade union or of any branch thereof is entrusted; “funds”, when used in relation to the funds of a trade union includes all moneys collected or received by the trade union or any branch thereof from any source, including the proceeds of any investment or other thing done under subsection 49(1); “Government” means the Federal Government or the Government of a State; “levy” means any mandatory contribution, other than members’ entrance fee or subscription, which is imposed by a trade union on its members; “lock-out” means— (a) the closing of a place of employment; (b) the suspension of work; or (c) the refusal by an employer to continue to employ any number of workmen employed by him, in furtherance of a trade dispute, done with a view to compelling those workmen to accept terms or conditions of or affecting employment; “Minister” means the Minister charged with responsibility for human resources; Trade Union 11 “office-bearer”, when used with reference to a political party, means any person who is the president, vice-president, secretary, assistant secretary, treasurer or assistant treasurer of the political party, or who holds any office or position, by whatever name called, which is analogous to any of those mentioned above, or who holds any office or position in the political party whereby he exercises management or control of the affairs of the political party; “officer”, when used with reference to a trade union, means any member of the executive thereof, but does not include an auditor; *“Peninsular Malaysia” has the meaning assigned thereto in section 3 of the Interpretation Acts 1948 and 1967 [Act 388], and includes the Federal Territory; “person” means an individual, corporation, statutory authority, society, trade union, co-operative society, firm and any other body, organization, association or group of persons, whether corporate or unincorporate; “public officer” means a person in the permanent or temporary employment of any Government in Malaysia; “register” means the register of trade unions maintained by the Director General under section 7; “registered office” means that office of a trade union which is registered under this Act as the head office of the trade union; “registered trade union” means a trade union registered under this Act; “regulations” means regulations made under section 58; “statutory authority” means any authority or body established, appointed or constituted by any written law, and includes any local authority; *NOTE—“Federal Territory” refers to the Federal Territories of Kuala Lumpur and Labuan are included—see P.U. (A) 274/1984. 12 Laws of Malaysia ACT 262 “strike” means the cessation of work by a body of workmen acting in combination, or a concerted refusal or a refusal under a common understanding of a number of workmen to continue to work or to accept employment, and includes any act or omission by a body of workmen acting in combination or under a common understanding, which is intended to or does result in any limitation, restriction, reduction or cessation of, or dilatoriness in, the performance or execution of the whole or any part of the duties connected with their employment; “trade dispute” means any dispute between an employer and his workmen which is connected with the employment or non-employment or the terms of employment or the conditions of work of any such workmen; “trade union” or “union” means any association or combination of workmen or employers, being workmen whose place of work is in Peninsular Malaysia, Sabah or Sarawak, as the case may be, or employers employing workmen in Peninsular Malaysia, Sabah or Sarawak, as the case may be— (a) (Deleted by Act A1700); (b) whether temporary or permanent; and (c) having among its objects one or more of the following objects: (i) the regulation of relations between workmen and employers for the purposes of promoting good and harmonious industrial relations between workmen and employers, improving the working conditions of workmen or enhancing their economic and social status, or increasing productivity; (ia) the regulation of relations between workmen and workmen, or between employers and employers; Trade Union 13 (ii) the representation of either workmen or employers in trade disputes; (iiA) the conducting of, or dealing with, trade disputes and matters related thereto; or (iii) the promotion or organization or financing of strikes or lock-outs in any trade or industry or the provision of pay or other benefits for its members during a strike or lock-out; “trustees” means the trustees appointed under the rules of a registered trade union made in accordance with section 43; “workman” means any person, including an apprentice, employed by an employer under a contract of employment to work for hire or reward and for the purposes of any proceedings in relation to a trade dispute includes any such person who has been dismissed, discharged or retrenched in connection with or as a consequence of that dispute or whose dismissal, discharge or retrenchment has led to that dispute. (2) (Deleted by Act A1700). PART II APPOINTMENT OF DIRECTOR GENERAL AND OTHER OFFICERS Appointment of Director General 3. (1) The Yang di-Pertuan Agong shall appoint a Director General of Trade Unions who shall have the general supervision, direction and control of all matters relating to trade unions throughout Malaysia. (2) In the absence of the Director General of Trade Unions, the Deputy Director General shall have all powers and may discharge all duties and perform all functions conferred on the Director General of Trade Unions under this Act. 14 Laws of Malaysia ACT 262 Appointment of Deputy Director General and other officers 4. (1) The Yang di-Pertuan Agong may appoint one or more Deputy Director Generals, Directors, Deputy Directors, Senior Assistant Directors and Assistant Directors of Trade Unions, Trade Unions Officers and such other officers as may from time to time be required for the purposes of this Act. (2) Subject to such limitations, if any, as may be prescribed by regulations, any Director General appointed under subsection (1) shall perform all the duties and functions imposed and may exercise all the powers conferred upon the Director General under this Act, and every duty and function so performed and power so exercised shall be deemed to have been duly performed and exercised for the purposes of this Act. Powers of Director General 4A. In addition to the powers, duties and functions conferred on the Director General by this Act and any regulations, the Director General shall have and may exercise all such powers, discharge all such duties and perform all such functions as may be necessary for the purposes of giving effect to and carrying out the provisions of this Act. All officers to be public servants 5. All officers appointed under sections 3 and 4 shall be deemed to be public servants for the purposes of the Penal Code [Act 574]. Protection of public servants 6. No suit shall lie against any public servant for anything done or omitted to be done by him in good faith without negligence and in intended exercise of any power or performance of any duty provided or imposed by this Act. Trade Union 15 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. (1 ) For the purpose of maintaining the register, the Director General A may require any officer of a registered trade union to produce such document or provide such information to the Director General in respect of the officer’s registered trade union as the Director General may specify, and the officer shall comply with the requirement of the Director General. (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 six months 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 twelve months in the aggregate. 16 Laws of Malaysia ACT 262 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 of such workmen or employers 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 in the national language 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; Trade Union 17 (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. (1) 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) (Repealed 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) (Deleted by Act A1700). (3) The Director General shall refuse to register a trade union if— (a) (Deleted by Act A1700). (b) (Deleted by Act A1700). (c) (Deleted by Act A1700). 18 Laws of Malaysia ACT 262 (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, would promote feelings of ill-will and hostility between different races, religions or nationalities, unless the trade union alters its name to one acceptable to the Director General. (4) Where the Director General refuses to register a trade union under this section, he shall inform the trade union in writing of his refusal and the grounds for such refusal. 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 Trade Union 19 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; (b) if he is satisfied— (i) that the certificate of registration was obtained or issued by fraud or mistake; (ii) (Deleted by Act A1700); (iii) that the membership of its executive is in contravention of paragraph 28(1)(c) or (d); (iv) (Deleted by Act A1700); (v) (Deleted by Act A1700); (vi) that the funds of the trade union are or have been expended for purposes prejudicial to or incompatible with the security of the Federation or any part thereof or public order, including for purposes which contravene subsection 25A(2) or section 52; or (vii) that the trade union has ceased to exist; (c) upon the amalgamation of the trade union under subsection 34(4) or the dissolution of the trade union under section 42; or 20 Laws of Malaysia ACT 262 (d) if the trade union has been convicted of any of the offences specified in the Fourth Schedule. (1A) The Minister may by order add to, delete from or amend the Fourth Schedule. (2) (Deleted by Act A1700). (2 ) Where the Director General proposes to cancel or withdraw the A certificate of registration of any trade union under paragraph (1)(b), he shall give to the trade union not less than thirty days prior 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. (2 ) (Deleted by Act A1700). B (3) A trade union served with a notice under subsection (2 ) may, A 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) (Repealed by Act A483). Trade Union 21 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(2 ), order that any trade union to A 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. 17. (Deleted by Act A1700). 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 22 Laws of Malaysia ACT 262 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 *ten thousand ringgit. *NOTE—Previously “three thousand ringgit, or to imprisonment for a term not exceeding three years, or to both”–see section 9 of the Trade Unions (Amendment) Act 2024 [Act A1700]. Trade Union 23 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 by the Director General or is rendered null and void by a decision of any court, 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 71 A 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. (Proviso) (Repealed by Act A90) 24 Laws of Malaysia ACT 262 PART IV RIGHTS AND LIABILITIES OF TRADE UNIONS Disabilities of unregistered union 20. A trade union shall not enjoy any of the rights, immunities or privileges of a registered trade union unless it is registered. Immunity from civil suit in certain cases 21. No suit or other legal proceeding shall be maintainable in any civil court against any registered trade union or any officer or member thereof in respect of any act done in contemplation or in furtherance of a trade dispute to which a member of the trade union is a party on the ground only that such act induces some other person to break a contract of employment, or that it is an interference with the trade, business or employment of some other person or with the right of some other person to dispose of his capital or of his labour as he wills. Liability in tort 22. (1) A suit against a registered trade union or against any members or officers thereof on behalf of themselves and all other members of the trade union in respect of any tortious act alleged to have been committed by or on behalf of the trade union shall not be entertained by any court. (2) Nothing in this section shall affect the liability of a trade union or any trustee or officers thereof to be sued in any court touching or concerning the specific property or rights of a trade union or in respect of any tortious act arising substantially out of the use of any specific property of a trade union except in respect of an act committed by or on behalf of the trade union in contemplation or furtherance of a trade dispute. Trade Union 25 Liability in contract 23. Every registered trade union shall be liable on any contract entered into by it or by an agent acting on its behalf: Provided that a trade union shall not be so liable on any contract which is void or unenforceable at law. Objects in restraint of trade not unlawful in case of registered trade union 24. The objects of a registered trade union shall not, by reason only that they are in restraint of trade be deemed to be unlawful so as to render any member of such trade union liable to criminal prosecution for conspiracy or otherwise or to render void or voidable any agreement or trust. Proceedings by and against trade unions 25. (1) A registered trade union may sue and be sued and be prosecuted under its registered name. (2) An unregistered trade union may be sued and prosecuted under the name by which it has been operating or is generally known. (3) A trade union whose registration has been cancelled or withdrawn may be sued and prosecuted under the name by which it was registered. (4) Execution for any money recovered from a trade union in civil proceedings may issue against any property belonging to or held in trust for the trade union other than the benevolent fund of a registered trade union. (5) Any fine ordered to be paid by a trade union may be recovered by distress and sale of any movable property belonging to or held in 26 Laws of Malaysia ACT 262 trust for the trade union in accordance with any written law relating to criminal procedure. (6) In any civil or criminal proceedings in which a registered trade union is a party such trade union may appear in such proceedings by anyone of its officers or by an advocate and solicitor. Strikes and lock-outs 25A. (1) No trade union of workmen shall call 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 workmen, without first obtaining at least more than one-half of the votes by secret ballot in favour of the proposed strike of at least sixty per centum of its total number of members who are entitled to vote and in respect of whom the strike is to be called; and in the case of a trade union of employers, without first obtaining at least more than one-half of the votes by secret ballot in favour of the proposed lock-out of at least sixty per centum of its total number of members who are entitled to vote; (b) before the expiry of seven working days after submitting to the Director General the results of such secret ballot in accordance with subsection 40(5); (c) if the secret ballot for the proposed strike or lock-out has become invalid or of no effect by virtue of subsection 40(2), (3), (6) or (9); (d) in contravention of, or without complying with, the rules of the trade union; (e) in respect of any matter covered by a direction or decision of the Minister given or made in any appeal to him under this Act; or Trade Union 27 (f) in contravention of, or without complying with, any other provision of this Act or any provision of any other written law. (2) Any trade union which, and every member of its executive who, commences, promotes, organizes or finances any strike or lock-out which is in contravention of subsection (1) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding *five thousand ringgit and a further fine of two hundred ringgit for every day during which such offence continues. (3) Any member of a trade union of workmen who commences, participates in, or otherwise acts in furtherance of, any strike which is in contravention of subsection (1) shall forthwith cease to be a member of the trade union, and thereafter such member shall not be eligible to become a member of any trade union except with the prior approval of the Director General in writing; and the trade union of which he has so ceased to be a member shall forthwith— (a) remove the name of such member from its membership register; (b) inform the Director General and the member concerned of such removal; and (c) exhibit conspicuously in its registered office in a place where it may be easily read a list of members whose names are so removed. (4) The Director General may, where he is satisfied that subsection (1) has been contravened by any person and the trade union concerned has failed to carry out the provisions of subsection (3), or where there is undue delay in so doing, after such investigation as he deems necessary, order the trade union to remove forthwith the names of the members concerned from its membership register. *NOTE—Previously “two thousand ringgit, or to imprisonment for a term not exceeding one year, or to both, and further fine of one hundred ringgit”–see paragraph 10(b) of the Trade Unions (Amendment) Act 2024 [Act A1700]. 28 Laws of Malaysia ACT 262 (5) The satisfaction of the Director General under subsection (4) that subsection (1) has been contravened by any person may be arrived at regardless as to whether or not there is any prosecution of any person for contravention of the said subsection (1). (6) Any registered trade union which, and every member of its executive who, fails to comply with subsection (3) or with an order of the Director General under subsection (4) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one thousand ringgit, and a further fine of one hundred ringgit for every day during which such offence continues. (7) In every proceedings for an offence under this section the onus of proving that the requirements specified in subsection (1) have been complied with shall be on the trade union, the member of its executive or the member of the trade union, as the case may be. (8) For the purposes of this section, “working day” means a calendar day but excludes weekends and public holidays applicable at the Federal Territory or State where the registered office of the trade union is situated. PART V CONSTITUTION Membership of trade union 26. (1) Subject to the provisions of this Act, a person who has attained the age of fifteen years, but under the age of twenty-one years, 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 education is provided in any school, polytechnic, college, university, university college, or any Trade Union 29 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— (a) bona fide employed as a workman; and (b) over the age of eighteen years. (1A) No person shall join, or be a member of, or be accepted or retained as a member by, any trade union if he is not a workman or an employer. (1B) Notwithstanding subsection (1A)— (a) no workman or employer shall be accepted as a member of a trade union except as provided in the rules of the trade union; and (b) any workman who has been dismissed, discharged, retrenched, or has retired may be retained as a member of a trade union subject to the rules of the trade union. (1C) No membership of a trade union shall be confined to a particular race, religion or nationality. (2) A member of a trade union who has not attained the age of eighteen years shall not be entitled to vote on any of the following matters: (a) strikes and lock-outs and all matters relating thereto; (b) the imposition of a levy; (c) dissolution of the trade union or of the federation with which it is connected; (d) amendment of the rules of the trade union where such amendment results in increasing the liability of the 30 Laws of Malaysia ACT 262 members to contribute or in decreasing the benefits to which members are entitled. (2A) A member of a trade union from amongst the workmen who has been dismissed, discharged, retrenched, or has retired shall not be entitled to vote on strike and all matters relating thereto. (3) (Deleted by Act A1324). Membership of public officers and employees of statutory authorities 27. (1) Subject to subsection (2), no public officer shall join or be a member of any trade union or shall be accepted as a member of any trade union. (2) The Yang di-Pertuan Agong may by notification in the Gazette exempt from the provisions of subsection (1), either wholly or subject to such conditions as may be specified in such notification, any public officers or any category, class or description of public officers other than— (a) members of the Royal Malaysian Police; (b) members of any prison service; (c) members of the Armed Forces; (d) public officers engaged in a confidential or security capacity; (e) public officers who are prohibited under any written law from forming or being members of a trade union; and (f) public officers holding any post in the Managerial and Professional Group, except such public officers, or such class, category or description of public officers in such Group, as are excluded from the operation of this paragraph Trade Union 31 by a direction in writing issued by the Chief Secretary to the Government. (3) (a) No person employed by a statutory authority shall join or be a member of, or be accepted as a member by any trade union unless the membership of that trade union is confined exclusively to persons employed by that particular statutory authority. (aa) Notwithstanding paragraph (3)(a), any person employed by a statutory authority who— (i) holds any post in the Managerial and Professional Group or the equivalent thereof, shall not join, or be a member of, or be accepted or retained as a member by, any trade union, except such of these persons, or such class, category or description of these persons, as are excluded from the operation of this subparagraph by a direction in writing issued by the Chief Secretary to the Government; or (ii) is engaged in a confidential or security capacity shall not join, or be a member of, or be accepted or retained as a member by, any trade union. (b) Any trade union whose membership is confined to persons employed by a statutory authority shall not be affiliated to any other trade union or any federation of trade unions whose membership is not otherwise so confined: Provided that any such trade union may, after obtaining the written approval of the Minister, affiliate with a registered federation of trade unions comprising trade unions of public officers. (bb) Notwithstanding paragraph (3)(b), two or more trade unions of workmen employed by statutory authorities, other than workmen employed by local authorities, may, with the approval of the Minister and subject to the provisions of Part XII, form or create a federation of trade unions. 32 Laws of Malaysia ACT 262 (c) For the purpose of this subsection the persons appointed to serve and serving in an institution or at a place or under a body or person specified in the first column of the Third Schedule shall be deemed to be persons employed by the authority or body specified in relation to such institution, place or person in the second column of that Schedule, and such authority or body shall be deemed to be a statutory authority. (d) The Minister may by order add to, delete from or amend the Third Schedule. (4) Notwithstanding subsection (3), but subject to paragraph (aa) thereof— (a) employees of a financially autonomous local authority may join or be members of a trade union whose membership is confined exclusively to employees of one or more such financially autonomous local authorities; (b) employees of statutory authorities other than employees of local authorities may with the approval of the Minister join or be members of a trade union whose membership is confined exclusively to employees of one or more financially autonomous local authorities. (5) Any question under subsection (2) or (3) as to whether a person is engaged in a confidential or security capacity shall be decided by the Chief Secretary to the Government. (6) Any person or a group of persons who have sought a direction of the Chief Secretary to the Government under paragraph (2)(f) or under subparagraph (3)(aa)(i), and have failed to obtain such direction, or any person dissatisfied with any decision of the Chief Secretary to the Government under subsection (5), may, within thirty days of the failure to obtain such direction, or of such decision, as the case may be, appeal to the Minister responsible for public services, whose decision thereon shall be final and conclusive. Trade Union 33 (7) Any person who, immediately before the commencement of this subsection, is a member of a trade union but is disqualified from being a member thereof by virtue of paragraphs (2)(a) to (f), or by virtue of paragraph (3)(aa), shall cease to be a member thereof upon the expiry of six months after the commencement of this subsection, save that— (a) in the case of a person to whom paragraph (2)(f) applies, such person shall not cease to be a member thereof if within such period of six months he obtains the direction of the Chief Secretary to the Government under the said paragraph (f) and is exempted by a notification of the Yang di-Pertuan Agong under subsection (2); and (b) in the case of a person to whom subparagraph (3)(aa)(i) applies such person shall not cease to be a member thereof if within such period of six months he obtains the direction of the Chief Secretary to the Government under the said subparagraph (i): Provided that where any such person is an officer of his trade union, he may continue to remain a member of such trade union until the expiry of the term of his office, or until he otherwise earlier ceases to hold such office, if the term of his office extends beyond the said period of six months. (8) (a) In this section “Managerial and Professional Group” means the Kumpulan Pengurusan dan Iktisas referred to in paragraph 7.2 of either Pekeliling Perkhidmatan Bil. 2 Tahun 1977 or Pekeliling Perkhidmatan Bil. 4 Tahun 1977 (both dated the 31 March 1977) or in paragraph 8.2 of either Pekeliling Perkhidmatan Bil. 1 Tahun 1978 or Pekeliling Perkhidmatan Bil. 2 Tahun 1978 (both dated the 12 April 1978) issued by the Jabatan Perkhidmatan Awam, Malaysia, or, when used with reference to persons employed by a statutory authority, it means any group of persons corresponding to those referred to in the said paragraph 7.2 or the said paragraph 8.2 of the said Pekeliling-pekeliling, as the case may be. 34 Laws of Malaysia ACT 262 (b) The Minister responsible for public services may, from time to time, by notification in the Gazette, amend the definition of “Managerial and Professional Group” set out in this subsection. Officers 28. (1) A person shall not be or act as a 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; (b) (Deleted by Act A1324). (c) he has been a member of the executive of any trade union the registration of which has been cancelled or withdrawn under subparagraph 15(1)(b)(vi) or paragraph 15(1)(d) or under any law repealed by this Act; (ca) he is an office-bearer of a political party; (d) he has been convicted by any court of law of criminal breach of trust, extortion or intimidation, or of an offence under section 49, 50 or 50A; or (e) he is a bankrupt: Provided that paragraph (a) shall not apply in the case of a union which, in the opinion of the Minister, is required by its objects to represent persons or the interests of persons who are not resident in Peninsular Malaysia, Sabah or Sarawak, as the case may be. (2) Where the Director General certifies in writing to the executive of a trade union or a federation of trade unions that any person who is a member of the executive of that union or federation is disqualified from being a member of such executive, specifying in such certification the grounds on which such person is so disqualified, such Trade Union 35 person shall immediately thereupon cease to be a member of such executive. Employees of a trade union 29. (1) A registered trade union or registered federation of trade unions may, subject to subsection (2) and the rules of such trade union or federation of trade unions, employ any person as an employee of the registered trade union or of the registered federation of trade unions. (2) A person shall not be employed by a registered trade union under subsection (1)— (a) if he is not a citizen of the Federation resident in Peninsular Malaysia, in the case of a trade union in Peninsular Malaysia, or resident in Sabah, in the case of a trade union in Sabah, or resident in Sarawak, in the case of a trade union in Sarawak; (b) if he has been convicted by any court of a criminal offence and has not received a free pardon in respect thereof, and such conviction in the opinion of the Director General renders him unfit to be employed by a trade union; (c) if he is an officer or employee of any other trade union; or (c1) if he is an office-bearer or employee of a political party: Provided that paragraph (a) shall not apply in the case of a union which, in the opinion of the Minister, is required by its objects to represent persons or the interests of persons who are not resident in Peninsular Malaysia, Sabah or Sarawak as the case may be, and that paragraph (c) shall not apply to a federation of trade unions registered under Part XII. 36 Laws of Malaysia ACT 262 (3) Any person who is disqualified to be employed by a trade union under subsection (2) and has himself so employed without first obtaining the exemption of the Minister under paragraph 30(b), shall be guilty of an offence and shall, on conviction, be liable to *a fine not exceeding five thousand ringgit. Power of Minister in relation to sections 28 and 29 30. The Minister may by order— (a) declare that section 28 or 29 shall not apply to any registered trade union or class of registered trade unions specified in the order;

or (b) grant, either absolutely or subject to such conditions as he may consider reasonably necessary, exemption from all or any of the provisions of section 28 or 29 in 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. Change of name 31. (1) Subject to section 34, any registered trade union may, with the consent of more than one-half of its members or delegates, change its name. (2) Notwithstanding subsection (1), a trade union may change its name without the consent of its members or delegates if there is a change in the name of the establishment being effected under any written law, occupation, ministry, department, or statutory authority, as the case may be, in respect of which the trade union is registered. *NOTE—Previously “imprisonment for a term not exceeding one year, or to a fine not exceeding two thousand ringgit, or to both”–see subparagraph 13(b)(ii) of the Trade Unions (Amendment) Act 2024 [Act A1700]. Trade Union 37 Amalgamation 32. Any two or more registered trade unions may become amalgamated as one trade union, with all the funds of such trade unions vested in the amalgamated trade union and all their properties vested in the trustees of the amalgamated trade union, provided that— (a) the votes of at least one-half of the members of each or every such trade union entitled to vote are recorded; and (b) that at least sixty per centum of the votes recorded are in favour of the proposal. Transfer of engagements 33. (1) (a) Subject as hereinafter provided a trade union may by a special resolution transfer its engagements to any other trade union which may undertake to fulfil those engagements; but no transfer under this section shall prejudice any right of any creditor of any trade union which is a party thereto. (b) For the purpose of this subsection “a special resolution” means a resolution proposed at any general meeting of which notice specifying the intention to propose that resolution has been duly given according to the rules and passed by not less than two-thirds of the members of the union present and entitled to vote at the meeting, or if the general meetings of the union are meetings of delegates, by not less than two-thirds of the delegates present at the meeting. (2) No transfer under this section shall take effect unless or until— (a) the consent thereto of not less than two-thirds of the members of the union transferring its engagements has been obtained either at meetings or in writing, or the Director General on application made to him in writing by the union and after notice of the application has been published in the Gazette and (if he so requires) in one or more newspapers, and after hearing the union and any 38 Laws of Malaysia ACT 262 other persons whom he considers entitled to be heard, has dispensed with that consent; and (b) notice of the transfer (which it shall be the duty of every union transferring its engagements to send to the Director General) has been registered. The application for registration of the notice of transfer shall be made in writing and signed by the chairman of the meeting and the secretary of the union transferring its engagements, and by the president, secretary and trustees of the union undertaking to fulfil the engagements. (3) The property held for the benefit of any trade union amalgamating with any other trade union or of any trade union transferring its engagements under this section, or for the benefit of a branch of any such union, by the trustees of the union or of any branch thereof, other than property excepted from the operations of this subsection by the instrument of transfer or amalgamation, shall without any conveyance or assignment vest, on registration of notice of the amalgamation or transfer, or on the appointment of the appropriate trustees, whichever is the later, in the appropriate trustees, that is to say— (a) in the case of any property to be held for the benefit of a branch of the amalgamated union or of a branch of the union undertaking to fulfil the engagements, in the trustees of that branch, unless the rules of that branch provide that property to be so held shall be held by the trustees of the union; and (b) in any other case in the trustees of the amalgamated union or of the union undertaking to fulfil the engagements. (4) Every instrument of amalgamation or transfer shall specify any property to be vested under the foregoing provisions, in relation to which the trustees of the amalgamated union or of the union undertaking to fulfil the engagements are not or will not be the appropriate trustees and shall designate the persons who are or will be the appropriate trustees in relation to that property. Trade Union 39 Notice of change of name or amalgamation 34. (1) Notice in writing shall be given to the Director General of every change of name and of every amalgamation, signed, in the case of a change of name, by the secretary and by seven members of the registered trade union changing its name, and, in the case of an amalgamation, by the secretary and by seven members of each and every registered trade union which is a party thereto. (2) If the proposed name is 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 is in the opinion of the Director General would promote feelings of ill-will and hostility between different races, religions or nationalities, he shall refuse to register the change of name. (3) Subject to subsection (2), the Director General shall, if he is satisfied that the provisions of this Act in respect of change of name have been complied with, register the change of name in the prescribed manner, and the change of name shall have effect from the date of such registration. (4) If the Director General is satisfied that the provisions of this Act in respect of amalgamation have been complied with and that the trade union formed thereby is entitled to registration under section 12, he shall register the trade union in the prescribed manner and the amalgamation shall have effect from the date of such registration. 35. (Repealed by Act A483). Effect of change of name or amalgamation 36. (1) A change in the name of a registered trade union shall not affect any rights or obligations of that trade union or render defective any legal proceeding by or against the trade union, and any legal proceeding which might have been continued or commenced by or 40 Laws of Malaysia ACT 262 against it under its former name may be continued or commenced by or against it under its new name. (2) An amalgamation of two or more registered trade unions shall not prejudice any right of either or any such trade unions or any right of a creditor of either or any of them. Registered office 37. (1) Every registered trade union shall have a registered office situated in Peninsular Malaysia, Sabah or Sarawak, as the case may be, to which all communications and notices may be addressed. (2) Notice of the situation of such registered office, and of any change therein, shall be given to the Director General at least fourteen days prior to such change and shall be registered by him, and the trade union shall not be deemed to have complied with this Act until such notice has been given. (3) Every trade union which— (a) operates without having a registered office, or without giving notice of the situation of its registered office as hereinbefore required; or (b) operates at any place to which its registered office may have been removed, without having given notice of the change in the situation thereof to the Director General, and every officer of any such union shall, on conviction, be liable to a fine not exceeding fifty ringgit for every day during which such union is so in operation. Rules 38. (1) The rules of every registered trade union shall make provision for all the matters specified in the First Schedule, and shall not be so altered or amended as to cease to contain provision in respect of all such matters. Trade Union 41 (2) A copy printed in National Language or English or Tamil or Chinese of the rules for the time being in force of any registered trade union shall be prominently exhibited in such place as it may easily be read at the registered office thereof and shall be furnished by the secretary of such trade union to any person on demand on payment of a sum not exceeding ten ringgit: Provided that if the copy of the rules is not printed in National Language or English, a typewritten or otherwise mechanically produced copy of the rules in National Language or English as registered and signed by the president, secretary and treasurer of the union shall, in addition, be prominently exhibited at the registered office and shall be furnished by the secretary with every copy of the printed rules of the union in Tamil or Chinese on demand. (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: Provided that any alteration of the rules which results in increasing the liability of the members to contribute other than the imposition of levy or in decreasing the benefits to which members are entitled shall not be approved by the Director General unless more than one-half of the votes returned of the members entitled to vote in accordance with the union’s rules are in favour of the proposed alteration. (4) Every alteration of the rules of a trade union shall take effect from the date of registration by the Director General unless some later date is specified in the rules. (5) The Minister may by order add to, delete from or amend the First Schedule. 39. (Repealed by Act A483). 42 Laws of Malaysia ACT 262 Secret ballot 40. (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 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 trustees) by the members in accordance with the rules of the union; (c) all matters relating to strikes or lock-outs; (d) the imposition of a levy; (e) dissolution of the trade union or federation of trade unions; (f) amendment of the rules where such amendment results in increasing the liability of the members to contribute or in decreasing the benefits to which members are entitled; (g) amalgamation with another trade union or transfer of engagements to another trade union. (h) (Deleted by Act A717). (2) Where a secret ballot is taken on any matter relating to a strike or a lock-out, it shall contain a resolution setting out clearly the issues leading to the proposed strike or lock-out and describing clearly the nature of the acts which are to be done or omitted to be done in the course of such strike or lock-out; and a secret ballot which does not fulfil these requirements shall be invalid and of no effect, and no strike or lock-out shall be carried out on the basis of such secret ballot. (3) A secret ballot which has been taken on any matter relating to a strike or lock-out shall cease to have effect upon the expiry of ninety days after the date on which the secret ballot is taken and no strike or Trade Union 43 lock-out shall thereafter be carried out on the basis of such secret ballot. (4) In carrying out any secret ballot, a trade union shall ensure that every member thereof has an equal right and a reasonable opportunity to record his vote freely, that the secrecy of the ballot is properly secured and that the results of the ballot are correctly ascertained. (5) The results of a secret ballot taken to decide on any of the matters specified in subsection (1) shall be submitted by the secretary of the trade union to the Director General in triplicate, substantially in the form prescribed by regulations, within fourteen days after the taking of the secret ballot. (6) Where a trade union has taken a secret ballot to call for a strike or to declare a lock-out, the Director General may upon receipt of the results thereof under subsection (5), carry out all such investigations as he may deem necessary, and where he is satisfied that the proposed strike or lock-out if carried out would contravene this section or section 25A or any of the provisions of Part IX of the Industrial Relations Act 1967 he shall direct the trade union not to commence the proposed strike or lock-out. (7) The secretary of the trade union shall take all such steps as are necessary to ensure that all ballot papers and documents used in connection with or relevant to a secret ballot are kept at the registered office of the trade union for a period of not less than six months after the completion of the ballot. (8) For the purpose of satisfying himself that a secret ballot taken by a trade union has been properly conducted, the Director General may require any person to deliver to him any ballot papers, envelopes, lists, or other documents whatsoever, which have been used in connection with or are relevant to the secret ballot and which are in the possession or under the control of that person, and may inspect any such document and retain it for such period as he deems necessary; but save as aforesaid or as may be provided in the rules of the trade union no person shall be allowed to inspect or copy any document relating to a secret ballot. 44 Laws of Malaysia ACT 262 (9) The Director General may in any particular case declare a secret ballot taken by a trade union to be invalid if he is satisfied that the trade union has contravened any provision of this Act, or of any regulations, or of any of its rules in carrying out such secret ballot. Imposition of levy 40A. A trade union may impose a levy on its members, provided that for each and every imposition of the levy— (a) the votes of at least one-half of the members who are entitled to vote are recorded; and (b) at least fifty per centum of the votes recorded are in favour of the imposition of such levy. Notification of changes of officers and employees 41. (1) A trade union shall exhibit prominently in its registered office in a place where it may be easily read a list showing the names and titles of the officers and employees for the time being of the union, and shall also so exhibit at the office of each branch of the trade union a list showing the names and titles of the officers and employees for the time being of the branch. (2) Notice in the form prescribed by regulations of every change of officer, employee or of the title of any officer or employee shall, together with the fee prescribed by regulations, be sent to the Director General within fourteen days after the change, and the Director General shall, on being satisfied that such change is not contrary to the rules of the union or this Act or any regulations, alter the register accordingly. Trade Union 45 Notification of dissolution 42. When a registered trade union is dissolved voluntarily, notice of the dissolution signed by seven members and by the secretary of the trade union shall, within fourteen days of the dissolution, be sent to the Director General, and shall be registered by him if he is satisfied that the dissolution has been effected in accordance with the rules of the trade union and this Act and any regulations made thereunder; and the dissolution shall have effect from the date of such registration. Trustees 43. (1) The rules of a registered trade union shall provide for the appointment or election of trustees and for the filling of vacancies in the office of trustee so that, as far as may be, there shall always be at least three trustees of the union. (2) No secretary or treasurer of a registered trade union may be a trustee thereof. (3) A corporation approved by the Director General may be appointed as sole trustee by a registered trade union, and references in this Act to “trustees” shall include reference to a corporation so appointed. (4) The names and particulars of the trustees appointed or elected or any changes therein shall be forwarded by the union to the Director General for entry in the register within fourteen days after the change and such appointment or election shall not take effect until so registered. PART VI DISPUTES Decision of disputes 44. (1) Every dispute between— 46 Laws of Malaysia ACT 262 (a) a member or person claiming through a member or under the rules of a registered trade union or any branch thereof, and the union or any branch thereof or an officer thereof; (b) any person aggrieved who has ceased to be a member of a registered trade union or any branch thereof, or any person claiming through such person aggrieved, and the union or any branch thereof, or an officer hereof; (c) any registered trade union and any branch thereof; (d) an officer of any branch and the registered trade union of which such branch is a branch; or (e) any two or more branches of a registered trade union or any officers thereof respectively, shall be decided in the manner directed by the rules of the trade union, and the decision so given shall be binding and conclusive on all parties; and application for the enforcement thereof may be made to a Sessions Court. (2) The parties to a dispute in a registered trade union may, by consent (unless the rules of the union expressly forbid it), refer the dispute to the Director General. (3) The Director General of Trade Unions shall either by himself or by any Deputy Director General, or any Director, or any Assistant Director, hear and determine any dispute referred under subsection (2), and shall have power to order the expenses of determining the dispute to be paid either out of the funds of the union, or by such parties to the dispute as he may think fit, and his determination and order shall have the same effect and be enforceable in like manner as a decision made in the manner directed by the rules of the union. (4) The Director General of Trade Unions, any Deputy Director General, or any Director, or any Assistant Director may for the purpose of determining a dispute referred under subsection (2) administer oaths, and may require the attendance of all parties concerned, and of Trade Union 47 witnesses, and the production of all books and documents relating to the matter in question. (5) Where the rules of a registered trade union direct that disputes shall be referred to the courts, the dispute shall be determined by a Sessions Court. (6) Where no decision is made on a dispute within forty days after application to the union for a reference under its rules, the member or person aggrieved may apply to a Sessions Court and the Sessions Court may hear and determine the matter in dispute. Powers of the Court and Director General in relation to disputes 45. Notwithstanding anything contained in the *Arbitration Act 1952 [Act 93], or in any other written law, a Sessions Court and the Director General or any arbitrator or umpire to whom a dispute is referred under the rules of a registered trade union shall not be compelled to state a special case on any question of law arising in the case, but the Court or Director General may, at the request of either party, state a case for the opinion of the High Court on any question of law, and may also grant to either party such discovery as to documents and otherwise, or such inspection of documents as might be granted by any court, and the discovery shall be made on behalf of the union by such officer thereof as the Sessions Court or the Director General may determine. Interpretation of “dispute” for the purpose of this Part 46. In this Part the expression “dispute” includes any dispute arising on the question whether a member or person aggrieved is entitled to be or to continue to be a member or to be reinstated as a member, or whether the rules relating to the decision of disputes or the procedure thereunder has not been complied with but, save as aforesaid, in the case of a person who has ceased to be a member, does not include any *NOTE—The Arbitration Act 1952 [Act 93] has since been repealed by The Arbitration Act 2005 [Act 646]. 48 Laws of Malaysia ACT 262 dispute other than a dispute on a question between him and the trade union or an officer thereof which arose whilst he was a member or arises out of his previous relation as a member to that trade union. PART VII PROPERTY All property vested in trustees 47. All property, movable or immovable, of a registered trade union shall be vested in the trustees for the use and benefit of the union and its members and shall be under the control of the trustees. Devolution of property 48. Upon any change in the office of any trustee, the High Court may upon an ex parte motion made to it in that behalf make an order vesting the property of a registered trade union in the trustees for the time being of the union for the same estate and interest as the former trustee had therein, and subject to the same trusts, without any transfer, conveyance or assignment. Investment of funds 49. (1) A registered trade union may— (a) purchase or take upon lease for the purposes of the union any land or building and, subject to any written law or other law which may be applicable, lease, or with the consent of its members obtained by way of a resolution at a general meeting or a meeting of delegates sell, exchange or charge any such land or building which may be so purchased; Trade Union 49 (b) invest its funds in any securities or in any loans to any company in accordance with any law relating to trustees; (c) deposit its funds in the Bank Simpanan Nasional, any bank incorporated in Malaysia or any finance company which is a subsidiary company of such bank; or (d) with the prior written approval of the Minister and subject to such conditions as he may impose, invest its funds— (i) in any registered cooperative society; or (ii) in any commercial, industrial or agricultural undertaking or banking enterprise, which is incorporated and operating in Malaysia. (2) The Minister may, before granting approval under paragraph (1)(d), require such trade union to obtain a report on the feasibility and viability of the project. (2A) For the purpose of satisfying himself that an investment under this section has been properly made, the Director General may order any person to deliver to him any document or accounts relating to the investment which are in the possession or control of that person and may inspect and retain them for such period as he deems necessary for such purpose, and any person who fails or neglects without reasonable excuse to comply with any such order, shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one thousand ringgit. (3) Every person who and every trade union which contravenes any of the provisions of subsection (1) shall be guilty of an offence and shall, on conviction, be liable to *a fine not exceeding ten thousand ringgit. *NOTE—Previously “imprisonment for a term not exceeding two years, or to a fine not exceeding two thousand ringgit or to both”–see section 20 of the Trade Unions (Amendment) Act 2024 [Act A1700]. 50 Laws of Malaysia ACT 262 PART VIII FUNDS AND ACCOUNTS Application of funds 50. (1) The funds of a registered trade union may, subject to the rules thereof and to this Act, be expended only for the following objects— (a) the payment of salaries, allowances and expenses to officers and employees of the trade union; (b) the payment of costs and expenses of the administration of the trade union including audit of the account of the funds of the trade union; (c) the prosecution or defence of any legal proceeding to which the trade union or any member thereof is a party, when such prosecution or defence is undertaken for the purpose of securing or protecting any right of the trade union as such or any right arising out of the relations of any member with his employer, or with a person whom the member employs; (d) the expenses incurred in the settlement of disputes under Part VI; (e) the conduct of trade disputes on behalf of the trade union or any member thereof provided that such trade disputes do not contravene this Act or any other written law; (f) the compensation of members for loss arising out of trade disputes involving such members provided that such trade disputes do not contravene this Act or any other written law; Trade Union 51 (g) allowances to members or their dependants on account of death, old age, sickness, accidents or unemployment of such members; (h) the payment of fees in respect of affiliation with, or membership of, any federation of trade unions registered under Part XII, or any consultative or similar body in respect of which permission has been given by the Director General under subsection 76A(1) or the Director General has been notified under subsection 76A(2); (i) the payment of— (i) all train fares, other essential transport expenses, cost of board and lodging, supported by vouchers, or such amounts as are laid down by the union; (ii) the amount of actual wages lost by representatives of trade unions attending meetings connected with or related to the promotion of industrial relations or attending to any matters as required by the Director General in relation to this Act or any regulations; (iii) expenditure for the purpose of the establishment or maintenance of a federation of trade unions registered under Part XII, or a consultative or similar body in respect of which permission has been given by the Director General under subsection 76A(1) or the Director General has been notified under subsection 76A(2); (j) the editing, printing, publication and circulation of any journal, magazine, news sheet or other printed literature published by the registered trade union for the advancement of its objects or the promotion of the interests of the members in accordance with its registered objects and rules; 52 Laws of Malaysia ACT 262 (k) the conduct of social, sporting, educational and charitable activities of the members; (l) the payment of premia to insurance companies registered in Malaysia as may from time to time be approved by the Director General. (2) The Minister may by notification in the Gazette add to, delete from or amend the objects specified in subsection (1). Collection of funds and moneys 50A. (1) No trade union shall enter into any agreement with any person by which such person undertakes to raise funds or collect moneys for or on behalf of the trade union except with the prior approval in writing of the Director General and subject to such conditions as he may impose. (2) Subsection (1) shall not apply to any agreement where an employer make deductions from the wages of his workmen for payment to a trade union on account of subscriptions. Prohibition of payment of fines or penalties 51. The funds of a registered trade union shall not be applied either directly or indirectly in payment of the whole or part of any fine or penalty imposed upon any person by sentence or order of a court. Prohibition of use of funds for political objects 52. (1) The funds of a registered trade union shall not be applied either directly or indirectly in any payment whatsoever to a political party or in furtherance of any political object. (2) The expression “political object” referred to in subsection (1) includes— Trade Union 53 (a) the payment of any expenses incurred either directly or indirectly by a candidate or prospective candidate for election to the Dewan Rakyat or any Dewan Undangan Negeri before, during or after the election in connection with his candidature or election; (b) the holding of any meeting or the distribution of any literature or documents in support of any such candidate or prospective candidate; (c) the maintenance of any person who is a member of the Dewan Rakyat or any Dewan Undangan Negeri; (d) the registration of electors or the selection of a candidate for membership of the Dewan Rakyat or any Dewan Undangan Negeri; (e) the holding of political meetings of any kind, or the distribution of political literature or political documents of any kind; or (f) any object which the Minister may by notification in the Gazette specify. Injunction to restrain misuse of funds 53. An injunction restraining any unauthorized or unlawful expenditure of the funds of a registered trade union may be granted on the application of any five persons having a sufficient interest in the relief sought, or of the Director General, or of the Public Prosecutor. Preservation of funds of registered trade union 54. (1) Where a notice has been given by the Director General to a trade union under subsection 15(2A), the Director General may, where he is satisfied that it is likely that the funds of the union may be misused, by order direct any bank in Malaysia not to pay any money 54 Laws of Malaysia ACT 262 out of nor to pay cheques drawn on the account of such union for a specified period not exceeding six months. (2) Any officer of the bank who complies with an order of the Director General under subsection (1) shall be relieved of any liability to any other person in respect of the payment prohibited by such order. (3) The manager of any bank which fails to comply with an order of the Director General under subsection (1) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding *five thousand ringgit. (4) The Director General shall cause to be published in the Gazette the name of any trade union in respect of which any order is made under subsection (1). (5) – (7) (Repealed by Act A483). Duty to render accounts 55. (1) Every treasurer of a registered trade union and every other officer and employee thereof who is responsible for the accounts of the union or for the collection, disbursement, custody or control of the funds or moneys thereof, shall enter or cause to be entered in the accounts of such union a record of all receipts by and payments out of the funds of the union and shall, upon resigning or vacating his office or employment and at least once in every year at such time as may be specified by the rules of the union and at any other times at which he may be required to do so by a resolution of the members of the union or by the rules thereof, or by the Director General, render to the union and its members or to the Director General, as the case may be, a just and true account of all moneys received and paid by him during the period which has elapsed since the date of his assuming office, or if he has previously rendered an account, since the last date upon which he rendered such account, and of the balance remaining in his hands, at *NOTE—Previously “three thousand ringgit, or to imprisonment for a term not exceeding three years, or to both”–see section 21 of the Trade Unions (Amendment) Act 2024 [Act A1700]. Trade Union 55 the time of rendering such account and of all bonds, securities, or other property of the trade union entrusted to his custody or under his control. (2) The form of account may be prescribed by regulations. (3) The account shall be verified by statutory declaration, and the union shall cause the account to be audited by some fit and proper person approved by the Director General. (4) After the account has been audited, the treasurer or other officer or employee referred to in subsection (1) shall forthwith hand over to the trustees of the union, if required by them to do so, such balance as appears to be due from him, and also, if so required, all bonds, securities, effects, books, papers and property of the union in his hands or custody, or otherwise under his control. Annual returns to be prepared as Director General may direct 56. (1) A general statement audited in the manner prescribed by regulations of the receipts, funds, effects, and expenditure of every registered trade union in respect of the period of twelve months ending on the thirty-first day of March in each year shall be transmitted by the secretary of the union to the Director General before the first day of October in every year, and shall show fully the assets and liabilities at that date, and the receipts and expenditure during the year preceding the date to which it is made out, of the trade union, and shall show separately the expenditure in respect of the several objects of the trade union, and shall be prepared and made out up to such date, in such form, and shall comprise such particulars, as the Director General may from time to time require; and every member of, and depositor in, any such trade union shall be entitled to receive, on application to the treasurer or secretary of that trade union, a copy of such general statement, without making any payment for the same. (1A) The general statement referred to in subsection (1) shall be verified by statutory declaration, and the union shall cause the general 56 Laws of Malaysia ACT 262 statement to be audited by some fit and proper person approved by the Director General: Provided that no trade union shall cause its general statement to be audited by the same person successively for a period of more than three years. (1B) The Director General may, if he considers it necessary, by notice in writing— (a) direct the attendance before him, at the place and time set out in the notice, of any person appointed to audit the general statement of a trade union for any purpose related to the audit; or (b) direct any trade union to cause the general statement to be further audited in such manner as he may require. (1C) All expenses incurred in complying with any direction of the Director General under subsection (1B) shall be borne by the trade union concerned. (2) Together with the general statement referred to in subsection (1), the secretary of each registered trade union shall furnish to the Director General a copy of all alterations or amendments of rules, and of all new rules, and a list of all changes of officers, made by the union during the period of twelve months preceding the said thirty-first day of March, and a copy of the rules of the trade union in force, and particulars of its membership, on that day. (3) Every member of a registered trade union shall be entitled to receive free of charge a copy of the general statement referred to in subsection (1) and the secretary of each registered trade union shall deliver a copy of such statement to every member of his union who makes application to him therefor. (4) Every registered trade union and president, secretary and treasurer of the registered trade union who fails to comply with any of the requirements of subsection (1) shall be jointly and severally guilty Trade Union 57 of an offence and shall, on conviction, be liable to a fine not exceeding one hundred ringgit for each day or part of a day during which the default continues; and any secretary of a registered trade union who fails to comply with any of the requirements of subsections (2) and (3) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one hundred ringgit for each day or part of a day during which the default continues. (5) Every person who wilfully makes or orders or causes or procures to be made any false entry in or omission from any account of a registered trade union or general statement, copy or list delivered to the Director General under subsections (1) and (2) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding *five thousand ringgit. Keeping and inspection of accounts and records 57. (1) Every registered trade union shall cause to be kept such account books and other records as may be prescribed by regulations. (2) The books or records referred to in subsection (1), the records of a trade union’s proceedings, and a list of its members shall at all reasonable times be open to inspection by any member of the trade union, or any person having an interest in the funds of the trade union, or the Director General. (3) The Director General may, acting for a member or on his own behalf, in any particular case, order the account books and other records of a trade union to be made available for inspection or audit by a fit and proper person approved by him. (4) Every trade union which, and every member of its executive who, contravenes subsection (1) or (2) or fails to comply with any order under subsection (3) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding *five thousand ringgit. *NOTE—Previously “one thousand ringgit, or to imprisonment for a term not exceeding six months, or to both”–see sections 22 and 23 of the Trade Unions (Amendment) Act 2024 [Act A1700]. 58 Laws of Malaysia ACT 262 PART IX REGULATIONS Regulations 58. (1) The Minister may make regulations for the purpose of carrying out or giving effect to the principles and provisions of this Act. (2) In particular and without prejudice to the generality of the powers conferred by subsection (1), the Minister may make regulations for or in respect of all or any of the following matters— (a) all matters stated or required in this Act to be prescribed; (b) the books and registers to be kept for the purposes of this Act and the forms thereof; (c) the manner in which trade unions and the rules of the trade unions shall be registered and the fees payable on registration; (d) the manner in which, and the qualifications of persons by whom, the accounts of registered trade unions or of any class of such unions shall be audited; (e) the conditions subject to which inspection of documents kept by the Director General shall be allowed and the fees which shall be chargeable in respect of such inspections; (f) the due disposal and safe custody of the funds and moneys of a trade union; (g) the creation, administration, protection, control and disposal of the funds of registered trade unions and all matters connected therewith or incidental thereto; (h) the penalties for any contravention or failure to comply with any of the provisions of any regulation made under Trade Union 59 this section: provided that no such penalty shall exceed the penalty prescribed under section 63; and (i) generally for all matters incidental to or connected with the matters or subjects specifically mentioned in this subsection. (3) The Minister may by regulation declare that any regulation made under paragraph (2)(g) shall apply to a specified trade union only or that any particular trade union or class of trade unions shall be exempt from the operation of any regulation made under that head of that subsection. (4) All regulations made under this section shall be laid on the table of the Dewan Rakyat at the first meeting of the Dewan Rakyat after the publication of such regulations in the Gazette. 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 60 Laws of Malaysia ACT 262 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 61 trade union, shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding *five thousand ringgit. 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 thereunder 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 **five 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 ***five thousand ringgit. 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; *NOTE—Previously “two hundred ringgit, or to imprisonment for a term not exceeding three months, or to both”–see section 24 of the Trade Unions (Amendment) Act 2024 [Act A1700]. **NOTE—Previously “one thousand ringgit”–see paragraph 25(a) of the Trade Unions (Amendment) Act 2024 [Act A1700]. ***NOTE—Previously “one thousand ringgit, or to imprisonment for a term not exceeding six months, or to both”–see paragraph 25(b) of the Trade Unions (Amendment) Act 2024 [Act A1700]. 62 Laws of Malaysia ACT 262 (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 five 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. Power of enforcement 63A. (1) The Director General shall have all the powers necessary to investigate into any offence or enforce any provision under this Act or any regulations made under this Act. Enforcement officer 63B. (1) The Director General may appoint such number of enforcement officers from amongst the officers appointed under section 4 to perform such duties of the Director General relating to investigation and enforcement under this Act or any regulations made under this Act. (2) There shall be issued to each enforcement officer an authority card to be signed by the Director General. Trade Union 63 (3) When such enforcement officer exercises any of the powers under this Act or any regulations made 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 (2). Powers of examination 63C. (1) The Director General in carrying out an investigation into any offence under this Act or any regulations made under this Act may by notice in writing, require the attendance of any person acquainted with the facts and circumstances of a case to appear before him for the purpose of being examined orally by the Director General in relation to any matter which may, in the opinion of the Director General, assist in the investigation. (2) A person to whom a written notice under subsection (1) has been given shall comply with the terms of such written notice and shall attend in accordance with the terms of the written notice to be examined, and shall continue to so attend from day to day as directed by the Director General until the examination is completed, and shall during such examination disclose all information which is within his knowledge, or which is available to him, or which is capable of being obtained by him, in respect of the matter in relation to which he is being examined. (3) An examination under subsection (1) shall be reduced into writing by the Director General and shall be read to and signed by the person being examined, and where such person refuses to sign the statement reduced into writing, the Director General shall endorse thereon under his hand the fact of such refusal and the reasons thereof, if any, stated by the person examined. (4) Any statement made by any person under this section shall be admissible as evidence in any proceedings in court under this Act against the person or any other person. 64 Laws of Malaysia ACT 262 Production, etc., of article or document 63D. In the course of investigation or examination under this Part, the Director General may— (a) require any such person to produce to him such article or document; and (b) inspect, make copies of, take extracts from, remove and detain any article or document. Seizure of article or document 63E. Where the Director General in carrying out an investigation under this Act or any regulations made under this Act, has reason to believe that an offence has been committed against this Act or regulations made under this Act, he may seize any article or document produced under section 63 and such article and document shall be D admissible in evidence in any proceedings in court under this Act against the person or any other person. 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 Trade Union 65 (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. Liability of president, secretary, treasurer etc., of trade union 65A. Where an offence under this Act or any regulations made under this Act has been committed by a trade union, any person who at the time of commission of the offence was a president, secretary, treasurer or other officer of the trade union or person purporting to act on the instruction of the president, secretary, treasurer or such other officer of the trade union— (a) may be charged severally or jointly in the same proceedings with the trade union; and 66 Laws of Malaysia ACT 262 (b) if the trade union is found guilty of the offence, shall be deemed to be guilty of that offence and shall be liable to the same fine or penalty as an individual unless having regard to the nature of his functions in that capacity and to all circumstances, he proves— (i) that the offence was committed without his knowledge; and (ii) that the offence was committed without his consent or connivance and that he had taken all reasonable precautions and exercised due diligence to prevent the commission of the offence. PART XI MISCELLANEOUS Act not to affect certain agreements or authorize action outside rules 66. (1) This Act shall not affect— (a) any agreement between partners as to their own business; (b) any agreement between an employer and those employed by him as to such employment; or (c) any agreement in consideration of the sale of the goodwill of a business or of instruction in any profession, trade or handicraft. (2) Nothing in this Act shall be deemed to authorize a trade union to act contrary to, or in excess of the powers conferred upon it by, its rules. Trade Union 67 Legislation relating to societies and companies not applicable to trade unions 67. (1) The *Societies Act 1966 [Act 335], and of any other written law providing for the registration or recording of societies shall not apply to a trade union registered under this Act, and the registration under any such written law of a trade union shall thereupon be deemed to have been cancelled and of no effect for the purposes of this Act. (2) No association or combination of workmen or employers having among its objects one or more of the objects set out in paragraph (c) of the definition of “trade union” in subsection 2(1) other than the regulation of relations between workmen and workmen or between employers and employers, as the case maybe, shall be registered as a society under the *Societies Act 1966 or under any other written law providing for the registration or recording of societies; and any such association or combination (not being a registered trade union or exempt from this section by any order made under subsection (4)) shall be deemed to be an unlawful society for the purposes of such Act and such other written law. (3) No company registered under any written law relating to companies in Malaysia shall be eligible to apply for registration as a trade union; and no trade union shall be registered as a company under any such written law, and any such registration shall thereupon be deemed to have cancelled and of no effect for the purposes of this Act. (4) The Minister may by order exempt, either absolutely or subject to such conditions as he may think fit, any association or combination of workmen or employers from all or any of the provisions of this section. *NOTE—The Societies Act 1966 [Act 335] has been superseded by the Societies Act 1966 [Act 832] w.e.f. 1 December 2021. 68 Laws of Malaysia ACT 262 Service of legal process 68. Every summons, notice or other document required to be served on a trade union in any civil or criminal proceeding 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 the president or the treasurer or the secretary or on any officer of the trade union provided that such service is otherwise in compliance with the requirements of any relevant written law. Service of summons issued by the Director General 68A. (1) A summons issued by the Director General under section 71 may be served personally, if practicable, on the person summoned by showing him the original summons and by tendering or delivering to him a copy of the summons. (2) Every person on whom a summons is so served shall, if so required by the serving officer, sign a receipt for the copy of the summons on the back of the original summons. (3) In the case of a corporation the summons may be served on the secretary or other like officer of the corporation. (4) Where the person to be summoned cannot by the exercise of due diligence be found the summons may be served by leaving a copy of the summons for him with some adult member of his family or with his servant residing with him. (5) Where the person to be summoned cannot by the exercise of due diligence be found and service cannot be effected in the manner provided for in subsection (4), the serving officer shall affix a copy of the summons to some conspicuous part of the house or other place in which the person summoned ordinarily resides, and in such case the summons shall be deemed to have been duly served. Trade Union 69 (6) When a summons issued is served under this section, an affidavit of such service purported to be made before an officer duly authorized to administer an oath shall be admissible in evidence. Notification in the Gazette 69. The fact that any trade union has been registered, the fact that the certificate of registration of any registered trade union has been withdrawn or cancelled, the fact that any change of name or amalgamation affecting any registered trade union has been registered, the fact that any change in the situation of the registered office of a trade union has been registered, and the fact that any registered trade union has been dissolved shall be notified by the Director General in the Gazette. Inspection, production and evidence of documents of the Director General 70. (1) A certificate of registration of a trade union or any other document in the possession of the Director General received from any trade union by virtue of its being required to be submitted to the Director General under this Act or any regulations, may, with the approval of the Director General, be inspected by any person on payment of the prescribed fee, and any person may, on payment of the prescribed fee, obtain from the Director General a certified copy or extract of the certificate of registration of any registered trade union or a certified copy of or extract from any other document as aforesaid in the possession of the Director General: Provided that the Director General may in his absolute discretion and without assigning any reason therefor refuse to grant approval for the inspection of any document or refuse to supply a copy or an extract of any document. (2) No process for compelling the production of any document kept by the Director General shall issue from any court except with the 70 Laws of Malaysia ACT 262 leave of that court, and any such process if issued shall bear a statement thereon that it is issued with the leave of that court. (3) A copy of or extract from any document kept and registered at the office of the Director General, certified to be a true copy under the hand and seal of the Director General, shall in all legal proceedings be admissible in evidence as of equal validity with the original document. Power of Director General to summon witnesses 71. (1) The Director General may summon before him any person who he has reason to believe is able to give any information— (a) as to the existence of or as to the operations of any trade union or suspected trade union, which is not registered under this Act; or (b) as to the activities of any registered trade union. (2) The person so summoned shall attend at the hour and place in the summons specified, and produce all documents in his custody, possession or power relating to such trade union or suspected trade union, and answer truthfully all questions which the Director General may put to him. (3) The Director General may administer oaths to and examine on oath any person summoned before him under this section. (4) Any person who refuses to comply with such order or who obstructs compliance with such order shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding *five thousand ringgit. (5) No statement made by a person summoned before the Director General under this section shall subject him to any arrest or criminal *NOTE—Previously “five hundred ringgit”–see paragraph 28(b) of the Trade Unions (Amendment) Act 2024 [Act A1700]. Trade Union 71 prosecution, or be proved against him in any criminal proceeding, except a prosecution for failing to answer truthfully under this section. Appeal to Minister 71A. (1) Any person who is dissatisfied with any 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) (Deleted by Act A1700); (b) section 12; (c) subsection 15(4); (d) subsection 16(1); (e) (Deleted by Act A1700); (f) subsection 25A(4); (g) paragraph 28(1)(d), or paragraph 29(2)(b); (h) subsection 34(2); (i) subsection 40(6) or 40(9); (j) subsection 54(1); (k) subsection 76A(1); or (l) section 76C, may, within thirty days from the rate of the opinion, order, declaration, refusal, cancellation, withdrawal, direction or decision of the Director General, appeal against the same to the Minister, in such manner as may be prescribed by regulations. 72 Laws of Malaysia ACT 262 (2) Except in matters relating to cancellation or withdrawal of certificate of registration of trade union, an appeal under subsection (1) shall not operate as a stay of execution of the opinion, order, declaration, refusal, cancellation, withdrawal, direction or decision, as the case maybe, of the Director General unless the Minister otherwise directs, and where he so directs he may impose such terms and conditions as he deems fit. (3) The Minister may, after considering any such appeal, give such decision thereon as he deems just and proper. (4) A direction or decision of the Minister under this section shall be final and conclusive. Admissibility of electronic record 71B. (1) Notwithstanding any other written law, where in any proceedings under this Act an electronic record of— (a) any prescribed form is furnished by way of electronic transmission; or (b) any other document is stored or received by or communicated to the Director General in an electronic medium or by way of electronic transmission, the electronic record or the copy or print-out of that electronic record shall be admissible as evidence of the facts stated or contained therein: Provided that the electronic record or the copy or print-out of that electronic record is— (i) certified by the Director General to contain all or any information furnished, stored, communicated or received in an electronic medium or by way of electronic transmission under this section; or Trade Union 73 (ii) otherwise authenticated in the manner provided in the Evidence Act 1950 [Act 56] for authentication of documents produced by computer. (2) Where the electronic record of any form prescribed under this Act or any other document, or a copy or print-out of that electronic record is admissible under subsection (1), it shall be presumed, until the contrary is proved, that the record or copy or print-out of that record accurately reproduces the content of that form or document. (3) For the purposes of this Act, “electronic medium” includes data, text, image or any other information stored, received or communicated by means of electronic, magnetic, optical, imaging or any other data processing device. PART XII FEDERATION OF TRADE UNIONS Formation of federation of trade unions 72. Two or more registered trade unions in Malaysia may form or create a federation of trade unions if the consent of the members or delegates 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 or delegates 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. 74 Laws of Malaysia ACT 262 (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 if a resolution has been passed by majority Trade Union 75 of votes taken at a general meeting or a meeting of delegates, as the case may be, and upon the acceptance by the federation of such affiliation by notice. (2) The registered trade union shall file with the Director General the notice of resolution to affiliate together with the notice of acceptance by the federation referred to in subsection (1), within one month from the date of the notice of acceptance by the federation. (3) Upon the filing of both the notices subsections (2), the Director General shall, if he satisfied that the provisions of this section have been complied with, enter the fact of such affiliation in the register, and thereupon the trade union shall be deemed to be a member of the federation 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. 76 Laws of Malaysia ACT 262 PART XIIA CONSULTATIVE BODIES Restriction on the formation of or affiliation with consultative or similar bodies 76A. (1) No trade union registered under this Act shall affiliate with, or be a member of, any consultative or similar body, by whatever name called, established outside Malaysia, except with the prior permission in writing of the Director General and subject to such conditions as he may impose: Provided that no such permission shall be given where the Director General is satisfied— (a) that such body pursues or intends to pursue any of the objects specified in the definition of “trade union” in subsection 2(1) other than the regulation of relations between workmen and workmen or between employers and employers, as the case may be; or (b) that the consent of the members or delegates of the union has not been obtained by a majority of votes taken at a general meeting or a meeting of delegates, after service on the members or delegates, as the case may be, not less than fourteen days prior to such meeting, of notice of the proposed 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 consultative or similar body, by whatever name called, established within Malaysia, that does not pursue or intend to pursue any of the objects specified in the definition of “trade union” in subsection 2(1) other than the regulation of relations between workmen and workmen or between employers and employers, as the case may be, if the consent of the members or delegates of the registered trade union has been obtained by a majority of votes taken at a general meeting or a meeting Trade Union 77 of delegates, after service on the members or delegates, as the case may be, not less than fourteen days prior to such meeting, of notice of the proposed resolution to form, affiliate with, or be a member of, such consultative or similar body. (b) The trade union concerned shall within sixty days of the formation, affiliation or membership referred to in paragraph (a) notify the Director General in writing of such formation, affiliation or membership and such notification shall be accompanied with a statement of the particulars referred to in subsection 76B(2). (3) Where any registered trade union is already affiliated with, or is a member of, any consultative or similar body, established outside or within Malaysia, under the repealed provisions of this Act immediately before the commencement of this subsection, the trade union shall be deemed to have obtained the permission of the Director General referred to in subsection (1) or to have notified the Director General as required under subsection (2), as the case may be. Application for permission to form or affiliate with consultative bodies 76B. (1) Every application for the permission of the Director General referred to in subsection 76A(1) shall be made to the Director General in the prescribed form and shall be signed by at least three principal officers of the union. (2) Every application under subsection (1) shall be accompanied by a copy of the constitution and rules of the consultative or similar body and a statement of the following particulars, namely: (a) the name of such body and the address of its head office; (b) the objects for which such body is established; (c) the title, name, date of birth, address and occupation of each office-bearer of such body and such other 78 Laws of Malaysia ACT 262 information and particulars regarding such office-bearer as the Director General may require to be furnished; and (d) such other information and particulars whatsoever relating to such body or to any person connected therewith or to the application as the Director General may require to be furnished. Power of Director General to withdraw permission or declare affiliation invalid 76C. Where— (a) any trade union which is affiliated with, or is a member of, any consultative or similar body: or (b) the consultative or similar body with which such trade union is affiliated, or of which it is a member, has been convicted of any of the offences specified in the Fourth Schedule, the Director General may— (a) in the case of a trade union to which permission has been granted under subsection 76A(1), withdraw such permission; or (b) in the case of a trade union which has given notification to the Director General under subsection 76A(2), declare such affiliation or membership to be invalid, and upon such withdrawal or declaration, such trade union shall forthwith cease its affiliation with, or membership of, such consultative or similar body. Trade Union 79 Duty to inform the Director General of appointment to an office or employment in consultative bodies 76D. (1) If any member, officer or employee of a trade union holds any office in, or is employed by, any consultative or similar body, whether within or outside Malaysia, immediately before or after the commencement of this Part, he shall within sixty days of the commencement of this Part, or within sixty days of his appointment to the office or of his employment, as the case maybe, inform the Director General of such appointment or employment: Provided that such information shall not absolve him from any requirement under any written law relating to such appointment or employment. (2) A person who has been a member of the executive of any trade union the registration of which has been cancelled under this Act shall not hold office in or be employed by any consultative of similar body except with the permission in writing of the Minister and subject to such conditions as he may impose. Application of *Societies Act 1966 to consultative body 76E. Nothing in this Part shall render or be construed as rendering inapplicable to a consultative or similar body referred to in this Part the provisions of the *Societies Act 1966 or any other written law relating to the registration or recording of societies. Interpretation of consultative or similar body 76F. For the purposes of this Part the expression “consultative or similar body” includes any trade union council, trade union co-ordinating or advisory body, trade secretariat or any other *NOTE—The Societies Act 1966 [Act 335] has been superseded by the Societies Act 1966 [Act 832] w.e.f. 1 December 2021. 80 Laws of Malaysia ACT 262 organization composed of trade unions other than a federation of trade unions registered or required to be registered under Part XII. PART XIII TRANSITORY PROVISIONS AND REPEAL Transitory provisions relating to existing trade unions 77. (1) Subject to this section, every trade union registered under the Trade Unions Enactment 1940 [F.M.S. 11/1940], immediately before the date of the coming into force of this Act (hereinafter in this section referred to as an existing trade union) shall during the period of six months following the date of such coming into force, be deemed to be registered under this Act. (2) During the period of six months from the date of the coming into force of this Act an existing trade union may deliver to the Director General an application for registration under section 8, together with a general statement of the assets and liabilities of such trade union prepared in such form and containing such particulars as may be prescribed: Provided that such application need not be accompanied by the copy of the rules and the particulars required by subsection 10(2) unless the Director General, within one month from the date upon which such application is made, shall so require. (3) An existing trade union shall not be registered unless the Director General is satisfied that it complies with this Act. (4) In the event of an existing trade union failing to deliver an application for registration pursuant to subsection (2) within the period of six months from the date of the coming into force of this Act it shall immediately upon the expiration of such period be deemed to be dissolved, and its funds shall be disposed of in accordance with the rules of the union. Trade Union 81 Transitory provisions relating to existing federations 78. (1) Subject to this section, every federation of trade unions registered under the Trade Unions Enactment 1940 of the Federated Malay States, as extended to have effect throughout the Federation by the Trade Unions Ordinance 1946 [M.U. Ord. 12 of 1942], the Trade Unions and Trade Disputes Ordinance of Sabah [Sabah Cap. 143], the Trade Unions Ordinance of Sarawak [Sarawak Cap. 78], as the case may be, immediately before the date of the coming into force of this Act (hereinafter in this section referred to as an existing federation) shall during the period of six months following the date of such coming into force be deemed to be registered under this Act. (2) During the period of six months from the date of the coming into force of this Act an existing federation may deliver to the Director General an application for registration under section 73; and no such existing federation shall be registered unless the Director General is satisfied that it complies with and has been established in a manner substantially in accord with section 72. (3) In the event of an existing federation failing to deliver an application for registration pursuant to subsection (2) within the period of six months from the date of the coming into force of this Act it shall immediately upon the expiration of such period be deemed to be dissolved, and its funds shall be disposed of in such manner as may be prescribed. Repeal 79. The Trade Unions Enactment 1940, of the Federated Malay States, as extended to have effect throughout the Federation by virtue of the Trade Unions Ordinance 1946, and the Trade Unions Ordinance 1946, the Trade Unions Act 1965 [Act 81 of 1965], the Trade Unions and Trade Disputes Ordinance of Sabah and the Trade Unions Ordinance of Sarawak are hereby repealed: Provided that all appointments, regulations, rules made and all certificates issued under such Enactment as so extended and in force at 82 Laws of Malaysia ACT 262 the commencement of this Act shall continue in force and have effect as if they had been made or issued under this Act until other provisions shall be made under this Act. *NOTE—see section 36 of the Trade Unions (Amendment) Act 2024 [Act A1700] w.e.f 15 September 2024 which provides the following provision: Saving 36. (1) Any application made under the principal Act immediately before the date of coming into operation of this Act and pending under the principal Act shall, on the date of coming into operation of this Act, continue to be dealt with under the principal Act as if the principal Act had not been amended by this Act. (2) Any opinion, order, declaration, refusal, cancellation, withdrawal, direction or decision, made, issued, given or effected under the principal Act immediately before the date of coming into operation of this Act shall, on the date of coming into operation of this Act, continue to remain in force and effect until amended, repealed, rescinded, revoked or replaced. (3) Any action, appeal or proceedings commenced under the principal Act immediately before the date of coming into operation of this Act and pending under the principal Act shall, on the date of coming into operation of this Act, be continued as if the principal Act had not been amended by this Act. Trade Union 83 FIRST SCHEDULE [Section 38] MATTERS FOR WHICH PROVISION MUST BE MADE IN THE RULES OF EVERY REGISTERED TRADE UNION 1. The name of the trade union and the place of meeting for the business of the trade union. 2. The whole of the objects for which the trade union is to be established, the purposes for which the funds thereof shall be applicable, the conditions under which any member thereof may become entitled to any benefit assured thereby, and the fines and forfeiture to be imposed on any member thereof. 3. The manner of making, altering, amending and rescinding rules. 4. (a) The election of members of the executive of the trade union in accordance with the rules of the union. (b) Subject to paragraph (a), the nomination, appointment or election and removal of an officer and of trustees, secretaries, treasurers and employees of the trade union. (c) The prohibition of the employment of all officers and employees of the trade union by any other trade union. 5. The custody and investment of the funds of the trade union, the designation of the persons responsible therefor, and the annual or periodical audit of its accounts. 6. The inspection of the books and names of members of the trade union by any person having an interest in the funds of the trade union. 7. The manner of the dissolution of the trade union and the disposal of the funds thereof available at the time of such dissolution. 8. Where applicable, the manner of establishing and dissolving any branch of the trade union and the manner in which any such branch and the accounts thereof shall be administered. 9. The taking of decisions by secret ballot on the following matters: (a) the election of delegates to a general meeting, if the rules of the union provide for meetings of delegates, or to a federation of trade union; (b) the election of officers (other than trustees) by the members in accordance with the rules of the union; 84 Laws of Malaysia ACT 262 (c) all matters relating to strikes or lock-out; (d) the imposition of a levy; (e) dissolution of the trade union or federation of trade unions; (f) amendment of the rules where such amendment results in increasing the liability of the members to contribute or in decreasing the benefits to which members are entitled; (g) amalgamation with another trade union or transference of engagements to another trade union. (h) (Deleted by Act A717). 10. The procedure for holding ballots, the securing of the secrecy of secret ballots and the preservation of ballot papers for the prescribed period. 11. The manner in which disputes referred to in Part VI of the Trade Unions Act 1959, shall be decided. 12. Cessation of membership if members commence, participate or otherwise act in furtherance of any strike in contravention of subsection 25A(1). SECOND SCHEDULE (Repealed by Act A483) THIRD SCHEDULE [Paragraph 27(3)(c)] Name of institution, place, body of person Name of body or authority University Hospital referred to in Hospital Board on Management Statute XXVIII made under the constituted under Statute XXVIII Constitution of the University of made under the Constitution of the Malaya University of Malaya. Trade Union 85 FOURTH SCHEDULE [Paragraph 15(1)(d), subsection 15(1A) and section 76C] Offences under Chapters VI, VIA and VIB of the Penal Code [Act 574] 86 LAWS OF MALAYSIA Act 262 TRADE UNIONS ACT 1959 LIST OF AMENDMENTS Amending law Short title In force from L.N.115/1965 Modification of Laws (Trade Unions 25-03-1965 and Trade Disputes) (Modification and Extension) Order 1965 L.N.311/1965 Modification of Laws (Trade 20-08-1965 Unions) (Sarawak) (Modification and Extension) Order 1965 Act 81/1965 Trade Unions Act 1965 09-11-1965 Act 36/1967 Trade Unions (Amendment) Act 10-08-1967 1967 Act 51/1967 Trade Unions (Amendment) (No. 2) 30-09-1967 Act 1967 P.U. (A) 408/1969 Essential (Trade Unions) 10-10-1969 Regulations 1969 P.U. (A) 202/1970 Essential (Trade Unions) Regulations 09-10-1969 1970 P.U. (A) 34/1971 Essential (Trade Unions) Regulations 09-10-1969 1971 Act A90 Trade Unions (Amendment) Act 01-10-1971 1971 Act A198 Trade Unions (Amendment) Act 01-06-1973 1973 Act 160 Malaysian Currency (Ringgit) Act 29-08-1975 1975 Trade Union 87 Amending law Short title In force from Act A483 Trade Unions (Amendment) Act 30-05-1980 1980 P.U. (A) 330/1980 Trade Unions (Amendment of 30-05-1980 Definition of “Managerial and Professional Group”) Notification 1980 P.U. (A) 274/1984 Federal Territory of Labuan 16-04-1984 (Modification of Trade Unions Act) Order 1984 Act A717 Trade Unions (Amendment) Act 10-02-1989 1989 Act A732 Trade Unions (Amendment) Act 05-05-1989 1989 Act A798 Trade Unions (Amendment) Act 15-06-1991 1991 Act A1324 Trade Unions (Amendment) Act 28-02-2008 2007 Act A1700 Trade Unions (Amendment) Act 15-09-2024 2024 88 LAWS OF MALAYSIA Act 262 TRADE UNIONS ACT 1959 LIST OF SECTIONS AMENDED Section Amending authority In force from 2 Act 36/1967 10-08-1967 Act A483 30-05-1980 P.U. (A) 274/1984 16-04-1984 Act A717 10-02-1989 Act A732 05-05-1989 Act A1324 28-02-2008 Act A1700 15-09-2024 3 Act A483 30-05-1980 Act A717 10-02-1989 Act A1324 28-02-2008 4 Act A483 30-05-1980 Act A717 10-02-1989 Act A1324 28-02-2008 4A Act A483 30-05-1980 Act A717 10-02-1989 7 Act A717 10-02-1989 Act A1700 15-09-2024 8 Act A717 10-02-1989 Act A1700 15-09-2024 9 Act A732 05-05-1989 Act A1700 15-09-2024 10 Act A717 10-02-1989 Act A1324 28-02-2008 11 P.U. (A) 408/1969 10-10-1969 Act A90 01-10-1971 Trade Union 89 Section Amending authority In force from Act A483 30-05-1980 Act A717 10-02-1989 12 P.U. (A) 408/1969 10-10-1969 Act A90 01-10-1971 Act A483 30-05-1980 Act A717 10-02-1989 Act A732 05-05-1989 Act A1700 15-09-2024 13 Act A483 30-05-1980 14 Act A717 10-02-1989 15 P.U. (A) 408/1969 10-10-1969 Act A90 01-10-1971 Act A483 30-05-1980 Act A717 10-02-1989 Act A732 05-05-1989 Act A1324 28-02-2008 Act A1700 15-09-2024 16 Act A483 30-05-1980 Act A717 10-02-1989 17 P.U. (A) 408/1969 10-10-1969 Act A90 01-10-1971 Act A483 30-05-1980 Act A717 10-02-1989 Act A1700 15-09-2024 18 P.U. (A) 408/1969 10-10-1969 Act A90 01-10-1971 Act A483 30-05-1980 Act A1700 15-09-2024 19 P.U. (A) 408/1969 10-10-1969 Act A90 01-10-1971 Act A483 30-05-1980 Act A1324 28-02-2008 25 P.U. (A) 408/1969 10-10-1969 Act A90 01-10-1971 25A Act A483 30-05-1980 90 Laws of Malaysia ACT 262 Section Amending authority In force from Act A717 10-02-1989 Act A1700 15-09-2024 26 P.U. (A) 408/1969 10-10-1969 Act A90 01-10-1971 Act A483 30-05-1980 Act A717 10-02-1989 Act A732 05-05-1989 Act A1324 28-02-2008 Act A1700 15-09-2024 27 P.U. (A) 408/1969 10-10-1969 P.U. (A) 202/1970 09-10-1969 P.U. (A) 34/1971 01-10-1971 Act A90 01-10-1971 Act A483 30-05-1980 P.U. (A) 330/1980 30-05-1980 Act A798 15-06-1991 28 P.U. (A) 408/1969 10-10-1969 P.U. (A) 34/1971 01-10-1971 Act A90 01-10-1971 Act A483 30-05-1980 Act A717 10-02-1989 Act A732 05-05-1989 Act A1324 28-02-2008 Act A1700 15-09-2024 29 P.U. (A) 408/1969 10-10-1969 Act A90 01-10-1971 Act A483 30-05-1980 Act A717 10-02-1989 Act A1700 15-09-2024 31 Act A1324 28-02-2008 Act A1700 15-09-2024 32 Act A717 10-02-1989 Act A1324 28-02-2008 Act A1700 15-09-2024 33 Act A717 10-02-1989 Act A1700 15-09-2024 34 Act A717 10-02-1989 Trade Union 91 Section Amending authority In force from Act A1700 15-09-2024 35 Act A483 30-05-1980 37 Act A717 10-02-1989 Act A1324 28-02-2008 38 Act A483 30-05-1980 Act A717 10-02-1989 Act A1324 28-02-2008 Act A1700 15-09-2024 39 Act A483 30-05-1980 40 Act A483 30-05-1980 Act A717 10-02-1989 Act A1700 15-09-2024 40A Act A1324 28-02-2008 41 Act A483 30-05-1980 Act A717 10-02-1989 42 Act A717 10-02-1989 43 Act A717 10-02-1989 44 Act A483 30-05-1980 45 Act A717 10-02-1989 49 Act A198 01-06-1973 Act A483 30-05-1980 Act A1324 28-02-2008 Act A1700 15-09-2024 50 Act A483 30-05-1980 Act A717 10-02-1989 50A Act A1324 28-02-2008 52 P.U. (A) 408/1969 10-10-1969 Act A90 01-10-1971 Act A483 30-05-1980 92 Laws of Malaysia ACT 262 Section Amending authority In force from 53 Act A717 10-02-1989 54 P.U. (A) 408/1969 10-10-1969 Act A90 01-10-1971 Act A483 30-05-1980 Act A717 10-02-1989 Act A1700 15-09-2024 55 Act A717 10-02-1989 56 Act A483 30-05-1980 Act A717 10-02-1989 Act A1324 28-02-2008 Act A1700 15-09-2024 57 Act A483 30-05-1980 Act A717 10-02-1989 Act A1700 15-09-2024 58 Act A717 10-02-1989 60 Act A717 10-02-1989 61 Act A483 30-05-1980 Act A1700 15-09-2024 62 Act A483 30-05-1980 Act A717 10-02-1989 Act A1700 15-09-2024 63 Act A483 30-05-1980 Act A1324 28-02-2008 63A Act A1700 15-09-2024 63B Act A1700 15-09-2024 63C Act A1700 15-09-2024 63D Act A1700 15-09-2024 63E Act A1700 15-09-2024 64 Act A483 30-05-1980 Trade Union 93 Section Amending authority In force from Act A717 10-02-1989 65A Act A1700 15-09-2024 67 Act A483 30-05-1980 Act A717 10-02-1989 68A Act A1324 28-02-2008 69 Act A483 30-05-1980 Act A717 10-02-1989 70 Act A483 30-05-1980 Act A717 10-02-1989 71 Act A483 30-05-1980 Act A717 10-02-1989 Act A1700 15-09-2024 71A Act A483 30-05-1980 Act A717 10-02-1989 Act A1700 15-09-2024 71B Act A1700 15-09-2024 72 Act A717 10-02-1989 Act A1700 15-09-2024 73 Act A717 10-02-1989 74 Act A717 10-02-1989 Act A1700 15-09-2024 76A Act A717 10-02-1989 Act A1700 15-09-2024 76B Act A717 10-02-1989 76C Act A717 10-02-1989 Act A1700 15-09-2024 76D Act A717 10-02-1989 77 Act A717 10-02-1989 94 Laws of Malaysia ACT 262 Section Amending authority In force from 78 Act A717 10-02-1989 First Schedule P.U. (A) 408/1969 10-10-1969 Act A90 01-10-1971 Act A483 30-05-1980 Act A717 10-02-1989 Second Schedule Act A483 30-05-1980 Third Schedule P.U. (A) 408/1969 10-10-1969 P.U. (A) 34/1971 01-10-1971 Act A90 01-10-1971 Fourth Schedule Act A1700 15-09-2024