Section 26
Section 26
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).