Skip to content

Section 15

Cancellation of registration

of Trade Unions Act 1959

ActIn forceProvision 16 of 98
Section 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A certificate of registration of a trade union may be cancelled or withdrawn by the Director General—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).

(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on which it is proposed to cancel or withdraw its certificate of registration before such certificate is cancelled or withdrawn.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).

Trade Union 21

Prohibition on activities during period of notice of intended cancellation or determination of appeal