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 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 from 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 definiton 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 of the registered trade union has 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 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affiliated with, or is a member of, any consultative or similar body, established outside or within Malaysia, under the repealed provisions of this Act immediately before the commencement of this subsection, the trade union shall be deemed to have obtained the permission of the Director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 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 the Director General is satisfied that—

(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 acted or is acting in contravention of any provision of this Act or any other written law or any condition imposed by him, he 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.

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 coordinating or advisory body, trade secretariat or any other organisation composed of trade unions other than a federation of trade unions registered or required to be registered under Part XII.