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.

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.

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.

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 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 may be arrested and detained in custody and shall, on conviction, be liable to a fine not exceeding five hundred ringgit.

(5) No statement made by a person summoned before the Director General under this section shall subject him to any arrest or criminal 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) subsection 2(2);

(b) section 12;

(c) paragraph 15(2)(b) or subsection 15(4);

(d) subsection 16(1);

(e) subsection 17(1);

(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) subsection 76C(1),

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.

(2) 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.