"Director General for Industrial Relations"   means Director General as appointed under section 2A (1) of the Industrial Relations Act 1967

[Ins. Act A717]

"employee", when used with reference to a trade union or political party means any person who is engaged for hire or reward on a full-time or part-time basis;

  "employer"   means any person or body of persons, whether corporate or unincorporate, who employs a workman, and includes the Government and any statutory authority;

  "establishment"   means any place of business or employment belonging on an employer and includes any division or branch thereof;

[Ins. Act A732]

3 PART I PRELIMINARY-3. Appointment of Director General.

(1) The Yang di-Pertuan Agong shall appoint a Director General of Trade Unions who shall have the general supervision, direction and control of all matters relating to trade unions throughout Malaysia.

(2) In the absence of the Director General of Trade Unions, the Deputy Director General shall have all powers and may discharge all duties and perform all functions conferred on the Director General of Trade Unions under this Act.

[Ins. Act A1324]

4 PART II APPOINTMENT OF DIRECTOR GENERAL AND OTHER OFFICERS-4. Appointment of Deputy Director General and other officers.

(1) The Yang di-Pertuan Agong may appoint one or more Deputy Director Generals, Directors, Deputy Directors, Senior Assistant Directors and Assistant Directors of Trade Unions, Trade Unions Officers and such other officers as may from time to time be required for the purposes of this Act.

[Am. Act A1324]

(2) Subject to such limitations, if any, as may be prescribed by regulations, any Director General appointed under subsection (1) shall perform all the duties and functions imposed and may exercise all the powers conferred upon the Director General under this Act, and every duty and function so performed and power so exercised shall be deemed to have been duly performed and exercised for the purposes of this Act.

4A PART II APPOINTMENT OF DIRECTOR GENERAL AND OTHER OFFICERS-4A. Powers of Director General.

In addition to the powers, duties and functions conferred on the Director General by this Act and any regulations, the Director General shall have and may exercise all such powers, discharge all such duties and perform all such functions as may be necessary for the purposes of giving effect to and carrying out the provisions of this Act.

5 PART II APPOINTMENT OF DIRECTOR GENERAL AND OTHER OFFICERS-5. All officers to be public servants.

All officers appointed under sections 3 and 4 shall be deemed to be public servants for the purposes of the Penal Code.

6 PART II APPOINTMENT OF DIRECTOR GENERAL AND OTHER OFFICERS-6. Protection of public servants.

No suit shall lie against any public servant for anything done or omitted to be done by him in good faith without negligence and in intended exercise of any power or performance of any duty provided or imposed by this Act.

7 PART III REGISTRATION-7. 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.

(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.

8 PART III REGISTRATION-8. 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 one month 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 six months in the aggregate.

9 PART III REGISTRATION-9. 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 within any particular establishment, trade, occupation or industry, and 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 trad

10 PART III REGISTRATION-10. Application for registration.

(1) Every application for registration of an 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:

[Am. Act A1324]

(a) the names, occupations and addresses of the members making the application;

(b) the name of the trade union and the addresses 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

11 PART III REGISTRATION-11. Temporary provisions relating to collection of funds.

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 organise 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).

12 PART III REGISTRATION-12. 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) The Director General may refuse to register a trade union in respect of a particular establishment, trade, occupation or industry if he is satisfied that there is in existence a trade union representing the workmen in that particular establishment trade, occupation or industry and it is not in the interest of the workmen concerned that there be another trade union in respect thereof.

[Am. Act A717; A732]

(3) The Director General shall refuse to register a trade union if:

(a) he is of the opinion that the trade union is likely to be used for unlawful purposes or for purposes contrary to or inconsistent with its objects and rules;

(b) any of the objects of the trade union is unlawful;

(c)

13 PART III REGISTRATION-13. 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.

14 PART III REGISTRATION-14. 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.

15 PART III REGISTRATION-15. 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) that any one of the objects or rules of the trade union is unlawful;

(iii) that the constitution of the trade union or of its executive is unlawful;

(iv) that the union has been or is being or is likely to be used for any unlawful purposes or for any purpose contrary to its objects or rules;

(v) that the trade union has contravened any provision of this Act or of any regulations made thereunder, or of any of its rules, or allowed any rule to continue in force which is inconsistent with any such provision, or has re

16 PART III REGISTRATION-16. 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 section 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.

17 PART III REGISTRATION-17. Suspension of a branch of a trade union.

(1) The Director General may, if he is satisfied that a branch of a trade union has contravened the provisions of this Act or the rules of the union, by order direct the suspension of such branch.

(2) The order of suspension made under subsection (1):

(i) may contain such directions as the Registrar may consider expedient; and

(ii) shall be deemed to be duly served if it is delivered at the registered office of the trade union or if it is served personally on any officer of the branch.

(3) The order of suspension may at any time be revoked by the Director General.

(4) Until the order of suspension is revoked by the Director General, the branch of the trade union in respect of which the order of suspension is made, shall be prohibited from carrying on any activity, except as may be specified in the order of suspension.

18 PART III REGISTRATION-18. 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 ther

19 PART III REGISTRATION-19. 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:

[Am. Act A1324]

(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, organise 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 fun

20 PART IV RIGHTS AND LIABILITIES OF TRADE UNIONS-20. Disabilities of unregistered union.

A trade union shall not enjoy any of the rights, immunities or privileges of a registered trade union unless it is registered.

21 PART IV RIGHTS AND LIABILITIES OF TRADE UNIONS-21. Immunity from civil suit in certain cases.

No suit or other legal proceeding shall be maintainable in any civil court against any registered trade union or any officer or member thereof in respect of any act done in contemplation or in furtherance of a trade dispute to which a member of the trade union is a party on the ground only that such act induces some other person to break a contract of employment, or that it is an interference with the trade, business or employment of some other person or with the right of some other person to dispose of his capital or of his labour as he wills.

---

22 PART IV RIGHTS AND LIABILITIES OF TRADE UNIONS-22. Liability in tort.

(1) A suit against a registered trade union or against any members or officers thereof on behalf of themselves and all other members of the trade union in respect of any tortious act alleged to have been committed by or on behalf of the trade union shall not be entertained by any Court.

(2) Nothing in this section shall effect the liability of a trade union or any trustee or officers thereof to be sued in any court touching or concerning the specific property or rights of a trade union or in respect of any tortious act arising substantially out of the use of any specific property of a trade union except in respect of an act committed by or on behalf of the trade union in contemplation or furtherance of a trade dispute.

---

23 PART IV RIGHTS AND LIABILITIES OF TRADE UNIONS-23. Liability in contract.

Every registered trade union shall be liable on any contract entered into by it or by an agent acting on its behalf;

Provided that a trade union shall not be so liable on any contract which is void or unenforceable at law.

24 PART IV RIGHTS AND LIABILITIES OF TRADE UNIONS-24. Objects in restraint of trade not unlawful in case of registered trade union.

The objects of a registered trade union shall not, by reason only that they are in restraint of trade be deemed to be unlawful so as to render any member of such trade union liable to criminal prosecution for conspiracy or otherwise or to render void or voidable any agreement or trust.

25 PART IV RIGHTS AND LIABILITIES OF TRADE UNIONS-25. Proceedings by and against trade unions.

(1) A registered trade union may sue and be sued and be prosecuted under its registered name.

(2) An unregistered trade union may be sued and prosecuted under the name by which it has been operating or is generally known.

(3) A trade union whose registration has been cancelled or withdrawn may be sued and prosecuted under the name by which it was registered.

(4) Execution for any money recovered from a trade union in civil proceedings may issue against any property belonging to or held in trust for the trade union other than the benevolent fund of a registered trade union.

(5) Any fine ordered to be paid by a trade union may be recovered by distress and sale of any movable property belonging to or held in trust for the trade union in accordance with any written law relating to criminal procedure.

(6) In any civil or criminal proceedings in which a registered trade union is a party such trade union may appear in s

25A PART IV RIGHTS AND LIABILITIES OF TRADE UNIONS-25A. Strikes and lock-outs.

(1) No trade union of workmen shall call for a strike, and no member thereof shall go on strike, and no trade union of employers shall declare a lock-out:

(a) in the case of a trade union of workmen, without first obtaining the consent by secret ballot of at least two-thirds of its total number of members who are entitled to vote and in respect of whom the strike is to be called; and in the case of a trade union of employers, without first obtaining by secret ballot the consent of at least two-thirds of its total number of members who are entitled to vote;

(b) before the expiry of seven days after submitting to the Director General the results of such secret ballot in accordance with section 40 (5);

(c) if the secret ballot for the proposed strike or lockout has become invalid or of no effect by virtue of section 40 (2), (3), (6) or (9);

(d) in contravention of, or without

26 PART V CONSTITUTION-26. Membership of minors.

(1) Subject to the provisions of this Act, a person under the age of twenty-one, but above the age of sixteen, 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 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

27 PART V CONSTITUTION-27. Membership of public officers and employees of statutory authorities.

(1) Subject to subsection (2), no public officer shall join or be a member of any trade union or shall be accepted as a member of any trade union.

(2) The Yang di-Pertuan Agong may by notification in the Gazette exempt from the provisions of subsection (1), either wholly or subject to such conditions as may be specified in such notification, any public officers or any category, class or description of public officers other than:

(a) members of the Royal Malaysian Police;

(b) members of any prison service;

(c) members of the Armed Forces;

(d) public officers engaged in a confidential or security capacity;

(e) public officers who are prohibited under any written law from forming or being members of a trade union; and

(f) public officers holding any post in the Managerial and Professional Group, except such public officers, o

28 PART V CONSTITUTION-28. Officers.

(1) A person shall not be or act as a member of the executive of a trade union or any branch thereof, or of any federation of trade unions, and shall be disqualified for election as such member, if:

[Am. Act A1324]

(a) he is not a citizen of the Federation;

(b) [Deleted by Act A1324]

[Am. Act A717; A732]

(c) he has been a member of the executive of any trade union the registration of which has been cancelled or withdrawn under section 15 (1) (b) (iv), (v) or (vi) or under any law repealed by this Act;

(cl) he is an office-bearer or employee of a political party;

(d) he has been convicted by any court of law of criminal breach of trust, extortion or intimidation, or of any offence which in the opinion of the Director General renders him unfit to be an officer of a trade union; or

(e)<

29 PART V CONSTITUTION-29. Employees of a trade union.

(1) A registered trade union may, subject to subsection(2) and of the rules of such union, employ and pay a secretary, treasurer and such other persons as may be necessary for the purposes of such union or of any federation of trade unions to which the union belongs:

Provided that no employee of such union other than:

(a) the holder of a full-time office as secretary, assistant secretary, treasurer or assistant treasurer who is elected in accordance with the rules of such union; or

(b) a secretary, assistant secretary, treasurer or assistant treasurer who is employed as such immediately before the commencement of this paragraph and possessing no power of voting in respect of the affairs of such union or of any of its committees,

shall be a member of the executive of such union.

(2) A person shall not be employed by a registered trade union under subsection (1):

30 PART V CONSTITUTION-30. Power of Minister in relation to sections 28 and 29.

The Minister may by order:

(a) declare that section 28 or 29 shall not apply to any registered trade union or class of registered trade unions specified in the order; or

(b) grant, either absolutely or subject to such conditions as he may consider reasonably necessary, exemption from all or any of the provisions of section 28 or 29 in respect of officers or employees or such proportion or class of officers or employees of any registered trade union or class of registered trade unions as may be specified in the order.

31 PART V CONSTITUTION-31. Change of name.

(1) Any registered trade union may, subject to section 34, change its name, provided that :

(a) the votes of at least one-half of its members entitled to vote are recorded; and

(b) at least fifty per centum of the votes recorded are in favour of the change of name.

(2) Notwithstanding subsection (1), a trade union may change its name without the consent of its members if there is a change in the name of the establishment being effected under any written law, occupation, ministry, department, or statutory authority, as the case may be, in respect of which the trade union is registered.

[Subs. Act A1324]

32 PART V CONSTITUTION-32. Amalgamation.

Any two or more registered trade unions whose members are employed within similar trades, occupations or industries may become amalgamated as one trade union, with all the funds of such trade unions vested in the amalgamated trade union and all their properties vested in the trustees of the amalgamated trade union, provided that:

[Am. Act A717]; [Am. Act A1324]

(a) the votes of at least one-half of the members of each or every such trade union entitled to vote are recorded; and

(b) that at least sixty per centum of the votes recorded are in favour of the proposal.

33 PART V CONSTITUTION-33. Transfer of engagements.

(1) (a) Subject as hereinafter provided a trade union may by a special resolution transfer its engagements to any other trade union whose members are employed within similar trades, occupations or industries which may undertake to fulfil those engagements; but no transfer under this section shall prejudice any right of any creditor of any trade union which is a party thereto.

[Am. Act A717]

(b) For the purpose of this subsection "a special resolution" means a resolution proposed at any general meeting of which notice specifying the intention to propose that resolution has been duly given according to the rules and passed by not less than two-thirds of the members of the union present and entitled to vote at the meeting, or if the general meetings of the union are meetings of delegates, by not less than two- thirds of the delegates present at the meeting.

(2) No

34 PART V CONSTITUTION-34. Notice of change of name or amalgamation.

(1) Notice in writing shall be given to the Director General of every change of name and of every amalgamation, signed, in the case of a change of name, by the secretary and by seven members of the registered trade union changing its name. and, in the case of an amalgamation, by the secretary and by seven members of each and every registered trade union which is a party thereto.

(2) If the proposed name is 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 is in the opinion of the Director General undesirable, he shall refuse to register the change of name.

(3) Subject to subsection (2), the Director General shall, if he is satisfied that the provisions of this Act in respect of change of name have been complied with, register the change of name in the prescribed

35 PART V CONSTITUTION-35. (Repealed).

36 PART V CONSTITUTION-36. Effect of change of name of amalgamation.

(1) A change in the name of a registered trade union shall not affect any rights or obligations of that trade union or render defective any legal proceeding by or against the trade union, any legal proceeding which might have been continued or commenced by or against it under its former name may be continued or commenced by or against it under its new name.

(2) An amalgamation of two or more registered trade unions shall not prejudice any right of either or any such trade unions or any right of a creditor of either or any of them.

37 PART V CONSTITUTION-37. Registered office.

(1) Every registered trade union shall have a registered office situated in West Malaysia, Sabah or Sarawak, as the case may be, to which all communications and notices may be addressed.

(2) Notice of the situation of such registered office, and of any change therein, shall be given to the Director General at least fourteen days prior to such change and shall be registered by him, and the trade union shall not be deemed to have complied with this Act until such notice has been given.

[Am. Act A1324]

(3) Every trade union which:

(a) operates without having a registered office, or without giving notice of the situation of its registered office as hereinbefore required; or

(b) operates at any place to which its registered office may have been removed, without having given notice of the change in the situation thereof to the Director General.

38 PART V CONSTITUTION-38. Rules.

(1) The rules of every registered trade union shall make provision for all the matters specified in the First Schedule, and shall not be so altered or amended as to cease to contain provision in respect of all such matters.

(2) A copy printed in National Language or English or Tamil or Chinese of the rules for the time being in force of any registered trade union shall be prominently exhibited in such place as it may easily be read at the registered office thereof and shall be furnished by the secretary of such trade union to any person on demand on payment of a sum not exceeding ten ringgit:

[Am. Act A1324]

Provided that if the copy of the rules is not printed in National Language or English, a typewritten or otherwise mechanically produced copy of the rules in National Language or English as registered and signed by the president, secretary and treasurer of the union shall, in addition, be prominently ex

39 PART V CONSTITUTION-39. (Repealed).

40 PART V CONSTITUTION-40. Secret ballot.

(1) A trade union shall take a secret ballot to make a decision on any of the following matters:

(a) the election of delegates to a general meeting, if the rules of the union provide for meetings of delegates, or to a federation of trade unions;

(b) the election of officers (other than trustees) by the members in accordance with the rules of the union;

(c) all the matters relating to strikes or lock-outs;

(d) the imposition of a levy;

(e) dissolution of the trade union or federation of trade unions;

(f) amendments of the rules where such amendment results in increasing the liability of the members to contribute or in decreasing the benefits to which members are entitled;

(g) amalgamation with another trade union or transfer of engagements to another trade union.

(2) Wherea secret ballot is taken on an

40A PART V CONSTITUTION-40A. Imposition of levy.

A trade union may impose a levy on its members, provided that for each and every imposition of the levy :

(a) the votes of at least one-half of the members who are entitled to vote are recorded; and

(b) at least fifty per centum of the votes recorded are in favour of the imposition of such levy.

[Ins. Act A1324]

41 PART V CONSTITUTION-41. Notification of changes of officers and employees.

(1) A trade union shall exhibit prominently in its registered office in a place where it may be easily read a list showing the names and titles of the officers and employees for the time being of the union, and shall also so exhibit at the office of each branch of the trade union a list showing the names and titles of the officers and employees for the time being of the branch.

(2) Notice in the form prescribed by regulations of every change of officer, employee or of the title of any officer or employee shall, together with the fee prescribed by regulations, be sent to the Director General within fourteen days after the change, and the Director General shall, on being satisfied that such change is not contrary to the rules of the union or this Act or any regulations, alter the register accordingly.

42 PART V CONSTITUTION-42. Notification of dissolution.

When a registered trade union is dissolved voluntarily, notice of the dissolution signed by seven members and by the secretary of the trade union shall, within fourteen days of the dissolution, be sent to the Director General, and shall be registered by him if he is satisfied that the dissolution has been effected in accordance with the rules of the trade union and this Act and any regulations made thereunder; and the dissolution shall have effect from the date of such registration.

43 PART V CONSTITUTION-43. Trustees.

(1) The rules of a registered trade union shall provide for the appointment or election of trustees and for the filing of vacancies in the office of trustee so that, as far as may be, there shall always be at least three trustees of the union.

(2) No secretary or treasurer of a registered trade union may be a trustee thereof.

(3) A corporation approved by the Director General may be appointed as sole trustee by a registered trade union, and references in this Act to "trustees" shall include reference to a corporation so appointed.

(4) The names and particulars of the trustees appointed or elected or any changes therein shall be forwarded by the union to the Director General for entry in the register within fourteen days after the change and such appointment or election shall not take effect until so registered.

44 PART VI DISPUTES-44. Decision of disputes.

(1) Every dispute between:

(a) a member or person claiming through a member or under the rules of a registered trade union or any branch thereof, and the union or any branch thereof or an officer thereof;

(b) any person aggrieved who has ceased to be a member of a registered trade union or any branch thereof, or any person claiming through such person aggrieved, and the union or any branch thereof, or an officer thereof;

(c) any registered trade union and any branch thereof;

(d) an officer of any branch and the registered trade union of which such branch is a branch; or

(e) any two or more branches of a registered trade union or any officers thereof respectively,

shall be decided in the manner directed by the rules of the trade union, and the decision so given shall be binding and conclusive on all parties; and application for the enf

45 PART VI DISPUTES-45. Powers of the Court and Director General in relation to disputes.

Notwithstanding anything contained in the Arbitration Act, 1952 or in any other written law, a Sessions Court and the Director General or any arbitrator or umpire to whom a dispute is referred under the rules of a registered trade union shall not be compelled to state a special case on any question of law arising in the case, but the Court or Director General may, at the request of either party, state a case for the opinion of the High Court on any question of law, and may also grant to either party such discovery as to documents and otherwise, or such inspection of documents as might be granted by any court, and the discovery shall be made on behalf of the union by such officer thereof as the Sessions Court or the Director General may determine.

---

46 PART VI DISPUTES-46. Interpretation of "dispute" for the purpose of this Part.

In this Part the expression "dispute" includes any dispute arising on the question whether a member or person aggrieved is entitled to be or to continue to be a member or to be reinstated as a member, or whether the rules relating to the decision of disputes or the procedure thereunder has not been complied with but, save as aforesaid, in the case of a person who has ceased to be a member, does not include any dispute other than a dispute on a question between him and the trade union or an officer thereof which arose whilst he was a member or arises out of his previous relation as a member to the trade union.

---

47 PART VII PROPERTY-47. All property vested in trustees.

All property, movable or immovable, of a registered trade union shall be vested in the trustees for the use and benefit of the union and its members and shall be under the control of the trustees.

---

48 PART VII PROPERTY-48. Devolution of property.

Upon any change in the office of any trustee. the High Court may upon an ex parte motion made to it in that behalf make an order vesting the property of a registered trade union in the trustees for the time being of the union for the same estate and interest as the former trustee had therein, and subject to the same trusts, without any transfer, conveyance or assignment.

49 PART VII PROPERTY-49. Investment of funds.

(1) A registered trade union may:

(a) purchase or take upon lease for the purposes of the union any land or building and, subject to any written law or other law which may be applicable, lease, or with the consent of its members obtained by way of a resolution at a general meeting or a meeting of delegates sell, exchange or charge any such land or building which may be so purchased;

[Am. Act A1324]

(b) invest its funds in any securities or in any loans to any company in accordance with any law relating to trustees;

(c) deposit its funds in the Bank Simpanan Nasional, any bank incorporated in Malaysia or any finance company which is a subsidiary company of such bank; or

(d) with the prior written approval of the Minister and subject to such conditions as be may impose, invest its funds:

(i) in any registered cooperative society; or

50 PART VIII FUNDS AND ACCOUNTS-50. Application of funds.

(1) The funds of a registered trade union may, subject to the rules thereof and to this Act, be expended only for the following objects:

(a) the payment of salaries, allowances and expenses to officers and employees of the trade union;

(b) the payment of costs and expenses of the administration of the trade union including audit of the account of the funds of the trade union;

(c) the prosecution or defence of any legal proceeding to which the trade union or any member thereof is a party, when such prosecution or defence is undertaken for the purpose of securing or protecting any right of the trade union as such or any right arising out of the relations of any member with his employer, or with a person whom the member employs;

(d) the expenses incurred in the settlement of disputes under Part VI;

(e) the conduct of trade disputes on behalf of the trade unio

50A PART VIII FUNDS AND ACCOUNTS-50A. Collection of funds and moneys.

(1) No trade union shall enter into any agreement with any person by which such person undertakes to raise funds or collect moneys for or on behalf of the trade union exceptwith the prior approval in writing of the Director General and subject to such conditionsas he may impose.

(2) Subsection (1) shall not apply to any agreement where an employer make deductions from the wages of his workmen for payment to a trade union on account of subscriptions.

[Ins. Act A1324]

51 PART VIII FUNDS AND ACCOUNTS-51. Prohibition of payment of fines of penalties.

The funds of a registered trade union shall not be applied either directly or indirectly in payment of the whole or part of any fine or penalty imposed upon any person by sentence or order of a court.

52 PART VIII FUNDS AND ACCOUNTS-52. Prohibition of use of funds for political objects.

(1) The funds of a registered trade union shall not be applied either directly or indirectly in any payment whatsoever to a political party or in furtherance of any political object.

(2) The expression "political object" referred to in subsection (1) includes:

(a) the payment of any expenses incurred either directly or indirectly by a candidate or prospective candidate for election to the Dewan Rakyat or any Dewan Undangan Negeri before, during or after the election in connection with his candidature or election;

(b) the holding of any meeting or the distribution of any literature or documents in support of any such candidate or prospective candidate;

(c) the maintenance of any person who is a member of the Dewan Rakyat or any Dewan Undangan Negeri;

(d) the registration of electors or the selection of a candidate for membership of the Dewan Rakyat or any Dewan Unda

53 PART VIII FUNDS AND ACCOUNTS-53. Injunction to restrain misuse of funds.

An injunction restraining any unauthorized or unlawful expenditure of the funds of a registered trade union may be granted on the application of any five persons having a sufficient interest in the relief sought, or of the Director General, or of the Public Prosecutor.

54 PART VIII FUNDS AND ACCOUNTS-54. Preservation of funds of registered trade union.

(1) Where a notice has been given by the Director General to a trade union under section 15 (2A), the Director General may, where he is satisfied that it is likely that the funds of the union may be misused, by order direct any bank in Malaysia not to pay any money out of nor to pay cheques drawn on the account of such union for a specified period not exceeding six months.

(2) Any officer of the bank who complies with an order of the Director General under subsection (1) shall be relieved of any liability to any other person in respect of the payment prohibited by such order.

(3) The manager of any bank which fails to comply with an order of the Director General under subsection (1) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding three thousand ringgit, or to imprisonment for a term not exceeding three years, or to both.

(4) The Director General shall cause to be published in the Gaz

55 PART VIII FUNDS AND ACCOUNTS-55. Duty to render accounts.

(1) Every treasurer of a registered trade union and every other officer and employee thereof who is responsible for the accounts of the union or for the collection, disbursement, custody or control of the funds or moneys thereof, shall enter or cause to be entered in the accounts of such union a record of all receipts by and payments out of the funds of the union and shall, upon resigning or vacating his office or employment and at least once in every year at such time as may be specified by the rules of the union and at any other times at which he may be required to do so by a resolution of the members of the union or by the rules thereof, or by the Director General render to the union and its members or to the Director General, as the case may be, a just and true account of all moneys received and paid by him during the period which has elapsed since the date of his assuming office, or if he has previously rendered an account, since the last date upo

56 PART VIII FUNDS AND ACCOUNTS-56. Annual returns to be prepared as Director General may direct.

(1) A general statement audited in the manner prescribed by regulations of the receipts, funds, effects, and expenditure of every registered trade union in respect of the period of twelve months ending on the thirty-first day of March in each year shall be transmitted to the Director General before the first day of October in every year, and shall show fully the assets and liabilities at that date, and the receipts and expenditure during the year preceding the date to which it is made out, of the trade union, and shall show separately the expenditure in respect of the several objects of the trade union, and shall be prepared and made out up to such date, in such form, and shall comprise such particulars, and the Director General may from time to time require; and every member of, and depositor in, any such trade union shall be entitled to receive, on application to the treasurer or secretary of that trade union, a copy of such general statement, withou

57 PART VIII FUNDS AND ACCOUNTS-57. Keeping and inspection of accounts and records.

(1) Every registered trade union shall cause to be kept such account books and other records as may be prescribed by regulations.

(2) The books or records referred to in subsection (1), the records of a trade union"s proceedings, and a list of its members shall at all reasonable times be open to inspection by any member of the trade union, or any person having an interest in the funds of the trade union, or the Director General.

(3) The Director General may, acting for a member or on his own behalf, in any particular case, order the account books and other records of a trade union to be made available for inspection or audit by a fit and proper person approved by him.

(4) Every trade union which, and every member of its executive who, contravenes subsection (1) or (2) or fails to comply with any order under subsection (3) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one thousand ringg

58 PART IX REGULATIONS-58. Regulations.

(1) The Minister may make regulations for the purpose of carrying out or giving effect to the principles and provisions of this Act.

(2) In particular and without prejudice to the generality of the powers conferred by subsection (1), the Minister may make regulations for or in respect of all or any of the following matters:

(a) all matters stated or required in this Act to be prescribed;

(b) the books and registers to be kept for the purposes of this Act and the forms thereof;

(c) the manner in which trade unions and the rules of the trade unions shall be registered and the fees payable on registration;

(d) the manner in which, and the qualifications of persons by whom, the accounts of registered trade unions or of any class of such unions shall be audited;

(e) the conditions subject to which inspection of documents kept by the Director General sha

59 PART X OFFENCES AND PENALTIES-59. Acts done prior to registration.

Every person who, and every trade union which, prior to the registration of the union under this Act, does any act in furtherance of any of the objects specified in the DEFINITION of a trade union in section 2, shall be guilty of an offence:

Provided that nothing in this section shall apply to any act done in good faith in the course and for the purpose of establishing the trade union.

60 PART X OFFENCES AND PENALTIES-60. Misuse of money or property of a registered trade union.

(1) Where, on complaint made by a member of a registered trade union, or by the Director General it is shown to the satisfaction of a Sessions Court that any officer, employee or member or former officer, employee or member of that union has in his possession or control any property of the union except in accordance with the rules of the union, or has unlawfully expended or withheld any money of the union, the Court shall, if it considers the justice of the case so requires, order such officer, employee or member to deliver all such property to the trustees of the union and to pay to them the money so unlawfully expended or withheld.

(2) A complaint made under subsection (1), other than a complaint made by the Director General, shall not be entertained unless the Sessions Court is satisfied that the complainant is, on the date of that complaint, a member of the registered trade union in respect of the property of which such complaint is so made

61 PART X OFFENCES AND PENALTIES-61. Supplying false information regarding trade unions.

Any person who, with intent to deceive, gives to any member of a registered trade union or to any person intending or applying to become a member of such trade union any document purporting to be a copy of the rules of the trade union or of any alterations thereto which he knows, or has reason to believe, is not a correct copy of such rules or alterations as are for the time being in force, or any person who, with the like intent, gives copy of any rules of an unregistered trade union to any person on the pretence that such rules are the rules of a registered trade union, shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding two hundred ringgit, or to imprisonment for a term not exceeding three months, or to both.

62 PART X OFFENCES AND PENALTIES-62. Failure to submit returns.

(1) If default is made on the part of any registered trade union in doing any act, in giving any notice, or in sending any statement, return or other document as required by this Act or by the regulations made thereunder, every officer or other person bound by the rules of the trade union or under this Act or the regulations made thereunder to do such act, or to give such notice, or to send such statement, return or document or, if there is no such officer or person, every member of the executive of that registered trade union shall severally be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one thousand ringgit.

(2) Any person who with intent to deceive submits to the Director General any statement, return or document required under this Act or any regulations, which he knows or has reason to believe is not correct, shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one t

63 PART X OFFENCES AND PENALTIES-63. General penalty.

(1) Every person who, and every trade union which, contravenes:

(a) any provisions of this Act for which no other punishment is provided;

(b) any rule of the union relating to any matter specified in the First Schedule;

(c) any regulation made under this Act for which no other punishment is provided; or

(d) any summons, order, direction or condition given, made or imposed under this Act,

shall be guilty of an offence and shall, on conviction, of an offence under this Act for which no other punishment is provided, be liable to a fine not exceeding five thousand ringgit.

[Am. Act A1324]

(2) Upon conviction of an unregistered trade union under this Act, every person proved to have been an officer or member of the executive of that trade union at any time after the commencement of this Act shall be deemed severally t

64 PART X OFFENCES AND PENALTIES-64. Prosecution and power to enter premises.

(1) Any prosecution in respect of any offence under this Act or any regulations may be conducted by the Director General with the prior written consent of the Public Prosecutor.

(2) The Director General may:

(a) for the purposes of discharging any of his duties or carrying out any of his functions under this Act or any regulations, or otherwise for any of the purposes of this Act or any regulations, enter at any reasonable time into the registered office of a trade union or any premises or place which he has reason to believe is kept or used for the purposes of the trade union and may carry out such inspection and examination as he may consider necessary; and

(b) where he has reasonable grounds for believing that an offence under this Act or any regulations has been committed, enter at any time, after obtaining a search warrant from a Magistrate, any office, premises or place which is specified in

65 PART X OFFENCES AND PENALTIES-65. Saving of offences under other written law.

Subject to Clause (2) of Article 7 of the Constitution, the offences and penalties specially defined and provided in this Act are in addition to and not in substitution for those defined and provided in any other written law.

66 PART XI MISCELLANEOUS-66. Act not to affect certain agreements or authorize action outside rules.

(1) This Act shall not affect:

(a) any agreement between partners as to their own business;

(b) any agreement between an employer and those employed by him as to such employment; or

(c) any agreement in consideration of the sale of the goodwill of a business or of instruction in any profession, trade or handicraft.

(2) Nothing in this Act shall be deemed to authorize a trade union to act contrary to, or in excess of the powers conferred upon it by, its rules.

67 PART XI MISCELLANEOUS-67. Legislation relating to societies and companies not applicable to trade unions.

(1) The Societies Act, 1966, and of any other written law providing for the registration or recording of societies shall not apply to a trade union registered under this Act, and the registration under any such written law of a trade union shall thereupon be deemed to have been cancelled and of no effect for the purposes of this Act.

(2) No association or combination of workmen or employers having among its objects one or more of the objects set out in paragraph (c) of the DEFINITION of "trade union" in section 2 (1) other than the regulation of relations between workmen and workmen or between employers and employers as the case may be, shall be registered as a society under the Societies Act, 1966 or under any other written law providing for the registration or recording of societies; and any such association or combination (not being a registered trade union or exempt from this section by any order made under subsection (4)) shall be

68 PART XI MISCELLANEOUS-68. Service of legal process.

Every summons, notice or other document required to be served on a trade union in any civil or criminal proceeding shall be deemed to be duly served if it is delivered at the registered office of the trade union or if it is served personally on the president or the treasurer or the secretary or on any officer of the trade union provided that such service is otherwise in compliance with the requirements of any relevant written law.

68A PART XI MISCELLANEOUS-68A. Service of summons issued by the director General.

(1) A summons issued by the Director General under section 71 may be served personally, if practicable, on the person summoned by showing him the original summons and by tendering or delivering to him a copy of the summons.

(2) Every person on whom a summons is so served shall, if so required by the serving officer, sign a receipt for the copy of the summons on the back of the original summons.

(3) In the case of a corporation the summons may be served on the secretary or other like officer of the corporation.

(4) Where the person to be summoned cannot by the exercise of due diligence be found the summons may be served by leaving a copy of the summons for him with some adult member of his family or with his servant residing with him.

(5) Where the person to be summoned cannot by the exercise of due diligence be found and service cannot be effected in the manner provided for in subsection (4), the serving officer shall af

69 PART XI MISCELLANEOUS-69. Notification in Gazette.

The fact that any trade union has been registered, the fact that the certificate of registration of any registered trade union has been withdrawn or cancelled, the fact that any change of name or amalgamation affecting any registered trade union has been registered, the fact that any change in the situation of the registered office of a trade union has been registered, and the fact that any registered trade union has been dissolved shall be notified by the Director General in the Gazette .

70 PART XI MISCELLANEOUS-70. Inspection, production and evidence of documents of the Director General.

(1) A certificate of registration of a trade union or any other document in the possession of the Registrar received from any trade union by virtue of its being required to be submitted to the Director General under this Act or any regulations, may, with the approval of the Director General, be inspected by any person on payment of the prescribed fee, and any person may, on payment of the prescribed fee, obtain from the Director General a certified copy or extract of the certificate of registration of any registered trade union or a certified copy of or extract from any other document as aforesaid in the possession of the Director General.

Provided that the Director General may in his absolute discretion and without assigning any reason therefor refuse to grant approval for the inspection of any document or refuse to supply a copy or an extract of any document.

(2) No process for compelling the production of any document kept by the Dir

71 PART XI MISCELLANEOUS-71. Power of Director General to summon witnesses.

(1) The Director General may summon before him any person who he has reason to believe is able to give any information:

(a) as to the existence of or as to the operations of any trade union or suspected trade union, which is not registered under this Act; or

(b) as to the activities of any registered trade union.

(2) The person so summoned shall attend at the hour and place in the summons specified, and produce all documents in his custody, possession or power relating to such trade union or suspected trade union, and answer truthfully all questions which the Director General may put to him.

(3) The Director General may administer oaths to and examine on oath any person summoned before him under this section.

(4) Any person who refuses to comply with such order or who obstructs compliance with such order may be arrested and detained in custody and shall, on conviction,

71A PART XI MISCELLANEOUS-71A. Appeal to Minister.

(1) Any person who is dissatisfied with any opinion, order, declaration, refusal, cancellation, withdrawal, director or decision, as the case may be, given, made or effected by the Director General under any of the following provisions:

(a) section 2 (2);

(b) section 12;

(c) section 15 (2) (b) or section 15 (4);

(d) section 16 (1);

(e) section 17 (1);

(f) section 25A (4);

(g) section 28 (1) (d) , or section 29 (2) (b) ;

(h) section 34 (2);

(i) section 40 (6) or 40 (9);

(j) section 54 (1);

(k) section 76A (1); or

(l) section 76C (1), may, within thirty days from the date of the opinion, order, declaration, refusal, cancellation, withdrawal, direction or decision of the Director General, appeal against the same to the

72 PART XII FEDERATION OF TRADE UNIONS-72. Formation of federation of trade unions.

Two or more registered trade unions in Malaysia whose members are employed in a similar trade, occupation or industry may form or create a federation of trade unions if the consent of the members of each of the registered trade unions wishing to form or create a federation has been obtained by a majority of votes taken at a general meeting or a meeting of delegates, as the case may be, after service on the Director General and all members of the union, not less than fourteen days prior to such meeting, of notice of the proposed resolution to participate in the federation.

[Am. Act A717]

73 PART XII FEDERATION OF TRADE UNIONS-73. Registration of federation of trade unions.

(1) Every federation of trade unions established after the commencement of this Act shall apply to be registered within one month from the date on which it was so established.

(2) Every application for registration under this section shall be signed by the secretary and by seven members of each and every registered trade union forming or creating such federation.

(3) Upon receipt of any such application the Director General shall, if satisfied that this section and section 72 have been complied with and that the federation is entitled to registration, register the federation.

(4) The Director General may, if he thinks fit, from time to time, grant an extension of the period specified in subsection (1), provided that no such period shall in any particular case, be so extended as to exceed a period of six months in the aggregate.

(5) For the purposes of this section:

(a) a federation of trade

74 PART XII FEDERATION OF TRADE UNIONS-74. Affiliation with registered federation of trade unions.

(1) A registered trade union may affiliate with a registered federation of trade unions representing similar trades, occupations or industries if the consent of the members of the trade union to such affiliation has been obtained in the manner provided in section 72, and the federation of trade unions files with the Director General a notice, signed by the secretary of the federation, that the application to affiliate has been duly approved by the federation.

(2) Notice in writing of any resolution for affiliation passed by a registered trade union under subsection (1) signed by the secretary and by seven members of such union shall be filed with the Director General within one month of the date of the passing of such resolution.

(3) Upon the filing of both the notices referred to in subsections (1) and (2) the Director General shall, if satisfied that the provisions of this section have been complied with and that the trade union is en

75 PART XII FEDERATION OF TRADE UNIONS-75. Provisions and penalties applicable to federation of trade unions.

The provisions of this Act relating to trade unions (including the provisions as to penalties) shall apply, so far as the same may be applicable, to a federation of trade unions as if such federation were a trade union.

76 PART XII FEDERATION OF TRADE UNIONS-76. Decisions by secret ballot.

The provisions of this Act relating to the taking of decisions by secret ballot shall apply to a federation of trade unions as if the individual members of the trade unions comprised in the federation were the members of that federation and not the unions, except in the matter of the election of officers, who shall be elected by secret ballot of the delegates representing the component unions.

76A PART XIIA CONSULTATIVE BODIES-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 section 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

76B PART XIIA CONSULTATIVE BODIES-76B. Application for permission to form or affiliate with consultative bodies.

(1) Every application for the permission of the Registrar referred to in section 76A (1) shall be made to the Registrar 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 officebearer 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 applicatio

76C PART XIIA CONSULTATIVE BODIES-76C. Power of Director General to withdraw permission or declare affiliation invalid.

[Am. Act A717]

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 section 76A (1), withdraw such permission; or

(b) in the case of a trade union which has given notification to the Director General under section 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

76D PART XIIA CONSULTATIVE BODIES-76D. Duty to inform the Director General of appointment to an office or employment in consultative bodies.

(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 may be, 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 or similar body except with the permission in writing of the Minister and subject to such conditions as he may impose.

76E PART XIIA CONSULTATIVE BODIES-76E. Application of Societies Act, 1966 to consultative body.

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.

76F PART XIIA CONSULTATIVE BODIES-76F. Interpretation of consultative or similar body.

For the purpose of this Part the expression "consultative or similar body" includes any trade union council, trade union co-ordinating 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.

77 PART XIII TRANSITORY PROVISIONS AND REPEAL-77. Transitory provisions relating to existing trade unions.

(1) Subject to the provisions of this section, every trade union registered under the Trade Unions Enactment, 1940, immediately before the date of the coming into force of this Act (hereinafter in this section referred to as an existing trade union) shall during the period of six months following the date of such coming into force, be deemed to be registered under this Act.

(2) During the period of six months from the date of the coming into force of this Act an existing trade union may deliver to the Director General an application for registration under section 8, together with a general statement of the assets and liabilities of such trade union prepared in such form and containing such particulars as may be prescribed:

Provided that such application need not be accompanied by the copy of the rules and the particulars required by section 10 (2) unless the Director General, within one month from the date upon which such application is

78 PART XIII TRANSITORY PROVISIONS AND REPEAL-78. Transitory provisions relating to existing federation.

(1) Subject to this section, every federation of trade unions registered under the Trade Unions Enactment, 1940 of the Federated Malay States, as extended to have effect throughout the Federation by the Trade Unions Ordinance, 1946, and the Trade Unions Ordinance 1946 the Trade Unions and Trade Disputes Ordinance of Sabah, the Trade Unions Ordinance of Sarawak, as the case may be, immediately before the date of the coming into force of this Act (hereinafter in this section referred to as an existing federation) shall during the period of six months following the date of such coming into force be deemed to be registered under this Act.

(2) During the period of six months from the date of the coming into force of this Act an existing federation may deliver to the Director General an application for registration under section 73; and no such existing federation shall be registered unless the Director General is satisfied that it complies with and

79 PART XIII TRANSITORY PROVISIONS AND REPEAL-79. Repeal.

The Trade Unions Enactment, 1940, of the Federated Malay States, as extended to have effect throughout the Federation by virtue of the Trade Unions Ordinance, 1946, the Trade Unions Act 1965, the Trade Unions and Trade Disputes Ordinance of Sabah and the Trade Unions Ordinance of Sarawak are hereby repealed:

Provided that all appointments, regulations, rules made and all certificates issued under such Enactment as so extended and in force at the commencement of this Act shall continue in force and have effect as if they had been made or issued under this Act until other provisions shall be made under this Act.