40. Picketing.

(1) Without prejudice to section 39, it shall be unlawful for one or more persons acting on his or their behalf or on behalf of a trade union or of an employer in furtherance of a trade dispute to attend at or near any place:

Provided that it shall not be unlawful for one or more workmen to attend at or near the place where the workman works and where a trade dispute involving such workman exists only for the purpose of peacefully -

(i) obtaining or communicating information; or

(ii) persuading or inducing any workman to work or abstain from working, and subject to such attendance being not in such numbers or otherwise in such manner as to be calculated -

(a) to intimidate any person;

(b) to obstruct the approach thereto or egress therefrom; or

(c ) to lead to a breach of the peace.

(2) Any officer or employee of the trade union to which the workmen referred to in the proviso to subsection (1) belong, may be present with such workmen solely for the purpose of maintaining good order and discipline and ensuring that such workmen comply with the requirements of the said proviso.

(3) Any person who acts in contravention of subsection (1) shall be guilty of an offence and shall, on conviction, be liable to imprisonment for a term not exceeding one year, or to a fine not exceeding one thousand ringgit, or to both.