Section 76A
Restriction on the formation of or affiliation with consultative or similar bodies
(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 or delegates 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 form 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 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, if the consent of the members or delegates of the registered trade union has been obtained by a majority of votes taken at a general meeting or a meeting
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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.