Register of trade unions
(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.
(1A) For the purpose of maintaining the register, the Director General 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
(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.
Date of establishment of trade union
(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
(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;
(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
(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
(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).
(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
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
The Director General may call for further information for the purpose of satisfying himself that any application complies with this
Act and of any regulations made thereunder or that the trade union is entitled to registration under this Act.
Cancellation of registration
(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
(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).
(2A) Where the Director General proposes to cancel or withdraw the 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.
(2B) (Deleted by Act A1700).
(3) A trade union served with a notice under subsection (2A) may, at any time within the period of thirty days reckoned from the date of such notice, show cause in writing against the proposal to cancel its certificate of registration; and, if such cause is shown, the Director General may hold such enquiry as he may consider necessary in the circumstances.
(4) The Director General may, after the expiration of the period of thirty days referred to in subsection (3), cancel the certificate of registration of any trade union which has failed duly to show cause under that subsection, or which, having so shown cause, has failed to satisfy him that its certificate of registration should not be cancelled.
(5) An order made by the Director General under this section cancelling the certificate of registration of any trade union shall be dated as on the date on which it was made, shall specify briefly the grounds for the cancellation of the certificate of registration and shall forthwith be served on the trade union affected thereby.
(6) (Repealed by Act A483).
Prohibition on activities during period of notice of intended cancellation or determination of appeal
(1) The Director General may, on or after the giving of any notice referred to in subsection 15(2A), order that any trade union to which such notice is addressed shall be prohibited from carrying on such activities as he may specify in such order for such period as may be specified in such order.
(2) A notification of every order made under this section shall be published in the Gazette and a copy of the order shall be served on the trade union concerned or shall be affixed in a conspicuous manner on any building occupied by such trade union and at the nearest police station of the police district in which such building exists.
(Deleted by Act A1700).
Power of the Minister to suspend a trade union
(1) Notwithstanding anything in this Act, it shall be lawful for the Minister in his absolute discretion, but with the concurrence of the Minister responsible for internal security and public order, by order published in the Gazette to suspend for a period not exceeding six months any trade union, or any class or description of trade unions, which in his opinion is, or is being, used for purposes prejudicial to or incompatible with, the interests of the security of, or public order in, Malaysia or any part thereof.
(2) Where in the opinion of the Minister the exigencies of the situation so require, the Minister may bring such order into force immediately upon its being made and before its publication in the Gazette, but after publicising it in such manner as the Minister thinks fit.
(3) Where the Minister makes an order under subsection (1) he may, either at the time of making the order or at any time subsequently thereto, give such directions of an ancillary or consequential nature or otherwise, as he may deem necessary or expedient, including directions
in respect of any matter or proceeding before any authority, in relation to the trade union, under this Act or any other written law.
(4) A direction given under subsection (3)—
(a) may at any time be varied or revoked as the Minister deems necessary or expedient; and
(b) shall be valid and have full force and effect notwithstanding anything inconsistent therewith or contrary thereto contained in this Act.
(5) An order under subsection (1) may at any time be varied or revoked by the Minister.
(6) Subject to any direction given by the Minister under subsection (3), until an order of suspension is revoked by the Minister—
(a) the certificate of registration of the trade union in respect of which the order of suspension is made shall cease to have effect and the trade union shall cease to enjoy any of the rights, immunities and privileges of a registered trade union;
(b) the trade union shall be prohibited from carrying on any activity whatsoever; and
(c) no person shall take any part in its management or organization, or act or purport to act on behalf of the union or as an officer of the union.
(7) An order or direction of the Minister under this section shall be final and conclusive.
(8) Any person who contravenes subsection (6) or any direction given under subsection (3) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding *ten thousand ringgit.
to both”–see section 9 of the Trade Unions (Amendment) Act 2024 [Act A1700].
*NOTE—Previously “three thousand ringgit, or to imprisonment for a term not exceeding three years, or
Consequences of failure to register or of cancellation of registration
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 71A against such refusal, withdrawal or cancellation, take any part in its management or organization, or act or purport to act on behalf of the union or as an officer of the union.
(Proviso) (Repealed by Act A90)
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).
