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Trade Unions (Amendment) Bill

Bill No. 2/1977

Read the first time on 28th February 1977.

An Act to amend the Trade Unions Act (Chapter 129 of the Revised Edition).

Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows: —

Short title and commencement

1. This Act may be cited as the Trade Unions (Amendment) Act, 1977, and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Amendment of section 9

2. Section 9 of the Trade Unions Act (hereinafter in this Act referred to as “the principal Act”) is hereby amended by deleting subsection (2) thereof and substituting therefor the following: —

“(2) Every such application shall be accompanied by the prescribed fee and a copy of the rules of the trade union and a statement of the following particulars, namely: —

(a)	the names, occupations and addresses of the members making the application;
(b)	the name of the trade union and the address of its head office; and
(c)	the titles, names, ages, addresses and occupations of the officers of the trade union.”.

Repeal and re-enactment of section 16

3. Section 16 of the principal Act is hereby repealed and the following substituted therefor: —

“Power to freeze bank account

16.—(1) Where a notice has been given by the Registrar to a trade union under the provisions of subsection (2) of section 15, the Minister may, if he is satisfied that it is likely that the funds of the union may be misused, by notice in writing direct any bank in Singapore not to pay any money out of or not to honour cheques drawn on the account of such union for a specified period not exceeding three months.

(2) Where an investigation is being conducted by a public authority regarding the improper use or misapplication of the funds of a trade union, the Minister may by notice in writing direct any bank in Singapore not to pay any money out of or not to honour cheques drawn on the account of such union for a specified period not exceeding three months.

(3) A bank which complies with a notice of the Minister under subsection (1) or (2) shall be relieved of any liability to any other person in respect of the payment prohibited by such a notice.

(4) Any bank which fails to comply with a notice of the Minister under subsection (1) or (2) shall be guilty of an offence under this Act and shall be liable on conviction to a fine not exceeding three thousand dollars or to imprisonment for a term not exceeding three years or to both such fine and imprisonment.

(5) Where an offence under subsection (4) is proved to have been committed with the consent and connivance of, or to be attributable to any neglect on the part of, any director, secretary, manager, accountant, sub-accountant or other similar officer of a bank, or a person who was purporting to act in such capacity, he as well as the bank shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

(6) For the purposes of subsection (2), “public authority” means the Registrar, the Commissioner of Police, the Commissioner of Inland Revenue and the Director of the Corrupt Practices investigation Bureau.”.

Repeal and re-enactment of section 28

4. Section 28 of the principal Act is hereby repealed and the following substituted therefor: —

“Strike or industrial action

28.—(1) A registered trade union shall not commence, promote, organise or finance any strike or any form of industrial action affecting the whole or any section of its members without obtaining the consent, by secret ballot, of the majority of the members so affected.

(2) Any registered trade union which, and every member of its executive who, contravenes the provisions of subsection (1) shall be guilty of an offence under this Act and shall be liable on conviction to a fine not exceeding two thousand dollars.

(3) The members of a trade union who commence, promote, organise, participate or otherwise act in furtherance of any strike or any form of industrial action —

(a)	where the consent of the majority of the members so affected has not been obtained by secret ballot; or
(b)	taken in contravention of the rules or by-laws of the trade union,

shall be guilty of an offence under this Act and shall be liable on conviction to a fine not exceeding one thousand dollars.

(4) Any person who instigates or incites others to take part in or otherwise acts in furtherance of a strike or any form of industrial action —

(a)	where the consent of the majority of the members of a trade union so affected has not been obtained by secret ballot; or
(b)	taken in contravention of the rules or by-laws of the trade union to which the majority of the persons taking part in the strike or industrial action belongs,

shall be guilty of an offence under this Act and shall be liable on conviction to a fine not exceeding two thousand dollars.

(5) For the purposes of investigating an offence under this section, the Registrar may by notice in writing require any person whom he believes could assist him in his investigations to appear before him at such place and time as stated in the notice and any person who fails or neglects without reasonable excuse to comply with any notice issued by the Registrar shall be guilty of an offence under this Act and shall be liable on conviction to a fine not exceeding one thousand dollars.

(6) Every person who has been required to appear before the Registrar under subsection (5) shall state truly the facts and circumstances of any strike or industrial action which he is acquainted with; and if such person fails to do so, he shall be guilty of an offence under this Act and shall be liable on conviction to a fine not exceeding one thousand dollars.

(7) In any proceedings for an offence under this section the onus of proving that the requirements specified in subsection (1), (2), (3) or (4) have been complied with shall be on the registered trade union, the member of its executive or a member of the trade union or any accused person, as the case may be.

(8) For the purposes of this section, “industrial action” means the adoption of any practice, procedure or method in the performance of work which would result in a limitation on output or production in any occupation, service, trade, industry or business.”.

Amendment of section 29

5. Section 29 of the principal Act is hereby amended —

(a)

by deleting subsection (1) thereof and substituting therefor the following: —

“(1) A person above the age of eighteen years may be a member of a registered trade union, unless provision is made in the rules thereof to the contrary, and may, subject to the rules of the trade union and the provisions of subsection (2), enjoy all the rights of a member and execute all instruments and give all acquittances necessary to be executed or given under the rules.

(2) A member of a registered trade union who is under the age of twenty-one years, but above the age of eighteen years, shall not be a member of the executive or a trustee of the trade union unless he has obtained the written approval of the Minister therefor.”; and

(b)

by renumbering subsection (2) thereof as subsection (3).

Repeal and re-enactment of section 50

6. Section 50 of the principal Act is hereby repealed and the following substituted therefor: —

“Use of funds for political purposes and the investment of those funds

50.—(1) The funds of a registered trade union —

(a)	shall not be applied either directly or indirectly in payment of contributions to a political party or for a political purpose; and
(b)	shall not be invested in securities except in stocks or shares in such private or public companies or in such other securities as may be approved by the Minister by notification in the Gazette.

(2) The provisions of paragraph (b) of subsection (1) shall not render unlawful the investment of the funds of a registered trade union in stocks or shares in a company or in other securities before the date of the commencement of the Trade Unions (Amendment) Act, 1977.”.