Malaysian Labour Law
15. Cancellation of registration.
(I) A certificate of registration of a trade union may be cancelled or withdrawn by the Director General-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; or
(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 purpose 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or of any of its rules, or allowed any rule to continue in force which is inconsistent with any such provision, or has rescinded any rule providing for any matter for which provision is required by section 38;
(vi) that the funds of the trade union are or have been expended in an unlawful manner or on an unlawful object or on an object not authorized by the rules of the union; or
(vii) that the trade union has ceased to exist.
(2) Where two or more registered trade unions exist in a particular establishment, trade, occupation or industry, as the case may be, the Director General may, if he is satisfied that it is in the interest of the workmen in that establishment, trade, occupation or industry so to do-
(a) cancel the certificate of registration of the trade Elliot or trade unions other than the trade unions which has the largest number of workmen in the said establishment, trade, occupation or industry as its members; or
(b) issue an order requiring the trade union or trade unions other than the trade union which has the largest number of workmen in the said trade, occupation, industry or place of employment as its members to remove from the membership register those members as are employed in that establishment, trade, occupation or industry and thereafter the trade union or trade unions so ordered shall not enrol as members workmen in that establishment, trade, occupation or industry, except with the permission in writing of the Director General; an order under this paragraph shall have full force and effect notwithstanding any provision of the rules of the trade union concerned.
(2A) Where the Director General proposes to cancel or withdraw the certificate of registration of any trade union under subsection (1) (b) OT subsection (2) (a), he shall give to the trade union not less than thirty days previous 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) Where the Director General proposes to issue an order to any trade union under subsection (2) (b), he shall prior to the issue of such order, notify the trade union of his intention to do so, and shall give it an opportunity to submit such representations as it may wish to make against such order being issued.
(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.