25A. Strilces 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 lock-out has become invalid or of no effect by virtue of section 40 (2), (3), (6) or (9);
(d) in contravention of, or without complying with, the rules of the trade union;
(e) in respect of any matter covered by a direction or decision of the Minister given or made in any appeal to him under this Act; or
(f) in contravention of, or without complying with, any other provision of this Act or any provision of any other written law.
(2) Any trade union which, and every member of its who, commences, promotes, organises or financies any strike or lock-out which is in contravention of section (1) shall be guilty of an offence and on conviction, be liable to a fine not exceeding two thousand ringgit, or to imprisonment for a term not one year, or to both, and a further fine of one hundred ringgit for every day during which such continues.
(3) Any member of a trade union of workmen who commences, participates in, or otherwise acts in e of, any strike which is in contravention of (1) shall forthwith cease to be a member of union, and thereafter such member shall not to become a member of any trade union except with the prior approval of the Director General and the trade union of which he has so ceased ember shall forthwith—
(a) remove the name of such member from its membership register;
(b) inform the Director General and the member conned of such removal; and
(c ) exhibit conspicuously in its registered office in a place where it may be easily read a list of members whose names are so removed.
(4) The Director General may, where he is satisfied that (1) has been contravened by any person and union concerned has failed to carry out Unions of subsection (3), or where there is lay in so doing. after such investigation as necessary, order the trade union to remove the names of the members concerned from membership register.
(5) The satisfaction of the Director General under subsection (1) has been contravened by any y be arrived at regardless as to whether or is any prosecution of any person for contravention of the said subsection (1).
(6) Any registered trade union which, and every of its executive who, fails to comply with subsection (3) or with an order of the Director General under subsection (4) shall be guilty of an offense and shall, on conviction, be liable to a fine not exceeding one thousand ringgit, and a further fine of one hundred ringgit for every day during which such offense continues.
(7) In every proceedings for an offence under this section the onus of proving that the requirements specified in subsection (1) have been complied with shall be on the trade union, the member of its executive or the member of the trade union, as the case may be.
