Trade Unions (Amendment) Bill

Bill No. 20/1982

Read the first time on 31st August 1982.

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, 1982, and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Amendment of section 2

2. Section 2 of the Trade Unions Act (referred to in this Act as the principal Act) is amended —

(a)

by deleting the definition of “trade union” and substituting the following definition:

“ “trade union” means any association or combination of workmen or employers, whether temporary or permanent, whose principal object is to regulate relations between workmen and employers for any or all of the following purposes:

(a)	to promote good industrial relations between workmen and employers;
(b)	to improve the working conditions of workmen or enhance their economic and social status; or
(c)	to achieve the raising of productivity for the benefit of workmen, employers and the economy of Singapore,

and includes any federation of two or more trade unions;”; and

(b)

by deleting the definition of “workman” and substituting the following definition:

“ “workman” means any person who has entered into or works under a contract of service or apprenticeship with an employer, whether the contract is for manual labour, clerical work or otherwise, is express or implied, oral or in writing.”.

Amendment of section 10

3. Section 10 of the principal Act is amended by inserting, immediately after the word “unlawful” in paragraph (b), the words “and that such rules and constitution are not oppressive or unreasonable”.

Amendment of section 14

4. Section 14 of the principal Act is amended —

(a)

by inserting, immediately after paragraph (b), the following paragraph:

“(c)	if he is of the opinion that the constitution or any of the rules of the union is oppressive or unreasonable; or”; and

(b)

by re-lettering the existing paragraphs (c), (d) and (e) as paragraphs (d), (e) and (f), respectively.

Amendment of section 15

5. Section 15 of the principal Act is amended by deleting paragraph (b)(v) of subsection (1) and substituting the following sub-paragraph:

“(v)

that the trade union has rescinded any rule providing for any matter for which provision is required by section 39 or has wilfully and after notice from the Registrar —

(aa)	contravened any provision of this Act or allowed any rule to continue in force which is inconsistent with any such provision; or
(bb)	allowed any rule to continue in force which is in the opinion of the Registrar oppressive or unreasonable;”.

Repeal and re-enactment of section 17

6. Section 17 of the principal Act is repealed and the following section substituted therefor:

“Appeal to Minister

17. Any person aggrieved —

(a)	by the refusal of the Registrar to register a trade union;
(b)	by an order made by the Registrar under section 15; or
(c)	by the refusal of the Registrar to register a new rule or any alteration of any rule under section 39,

may appeal against such refusal or order to the Minister at any time within a period of thirty days reckoned from the date of such refusal or order.”.

Amendment of section 18

7. Section 18 of the principal Act is amended by inserting, immediately after the word “union” in the seventh line of subsection (1), the words “or to order the registration of any new rule or alteration of any rule”.

Amendment of section 20

8. Section 20 of the principal Act is amended —

(a)

by deleting the words “Consolidated Fund” in paragraph (b)(i) and substituting the words “Workers’ Fund established under the Workmen’s Compensation Act, 1975 (Act 25 of 1975)”; and

(b)

by renumbering the section as subsection (1) of that section, and by inserting immediately thereafter the following subsection:

“(2) Where no direction is given by the Minister under subsection (1) and the surplus assets or part thereof cannot be distributed in accordance with the rules of the trade union either because the members cannot be found, or no meeting of the members is possible or for any other good and sufficient reason, such surplus assets shall be paid into the Workers’ Fund.”.

Repeal and re-enactment of sections 31 and 32

9. Sections 31 and 32 of the principal Act are repealed and the following sections substituted therefor:

“Officers of trade union

31.—(1) A person shall not act as an officer of a trade union or any branch thereof, And shall be disqualified for election as such officer if he has been convicted by any court of criminal breach of trust, extortion or criminal intimidation, or of any offence which, in the opinion of the Minister, renders him unfit to be an officer of a trade union.

(2) Subsection (1) shall not apply where the Minister is satisfied that the person so convicted has reformed and has become fit to be an officer of a trade union.

(3) No person who is not a citizen of Singapore shall act as an officer of a trade union or any branch thereof unless the prior written approval of the Minister has been obtained.

(4) Not less than two-thirds of the total number of the officers of every registered trade union shall be persons actually engaged or employed in a trade, occupation or industry with which the trade union is connected.

Employees of a trade union

32.—(1) A registered trade union may, subject to subsections (2) and (4) and to the rules of the union, employ and pay such persons as may be necessary for the purposes of the union.

(2) A person shall not be employed by a registered trade union under subsection (1) if he has been convicted by a court of a criminal offence and has not received a free pardon in respect thereof, and such conviction in the opinion of the Minister renders him unfit to be employed by a trade union.

(3) Subsection (2) shall not apply where the Minister is satisfied that the person so convicted has reformed and has become fit to be employed by a trade union.

(4) No person who is not a citizen of Singapore shall be employed by a registered trade union under subsection (1) unless the prior written approval of the Minister has been obtained.”.

Amendment of section 39

10. Section 39 of the principal Act is amended —

(a)

by inserting, immediately after the words “and shall” in the fourth line of subsection (3), the words “, subject to subsection (4),”;

(b)

by inserting, immediately after subsection (3), the following subsection:

“(4) The Registrar may refuse to register any alteration of the rules if he is of the opinion that the new rule or altered rule is unlawful or is oppressive or unreasonable.”; and

(c)

by renumbering the existing subsections (4) and (5) as subsections (5) and (6), respectively.

Amendment of section 44

11. Section 44 of the principal Act is amended by deleting subsection (2) and substituting the following subsections:

“(2) No person who is holding the office of president, chairman, treasurer, secretary or other similar office in a trade union or who is not a citizen of Singapore shall be appointed or elected as a trustee of the trade union without the prior written approval of the Minister.

(3) When a person is appointed or elected as a trustee or ceases to be a trustee of a registered trade union or branch of a registered trade union, notice thereof shall be sent to the Registrar within seven days thereafter by the trade union in such form as the Registrar may require.

(4) Nothing in subsection (2) shall affect the appointment or election of any trustee of a trade union who was appointed or elected before the commencement of the Trade Unions (Amendment) Act, 1982.”.

Amendment of section 48

12. Section 48 of the principal Act is amended by renumbering the section as subsection (1) of that section, and by inserting immediately thereafter the following subsection:

“(2) Any moneys received by a trade union from its members for a specific purpose shall not be used or applied for any other purpose without the consent, by secret ballot, of the majority of its members and every such consent shall be notified to the Registrar by the secretary within seven days thereof.”.

Repeal and re-enactment of section 50

13. Section 50 of the principal Act is repealed and the following section 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, subject to the rules thereof and the provisions of this Act, be invested only in the investments authorised by law for the investment of trust money, in interest-earning deposits in banks or finance companies or in shares of co-operative societies established by any registered trade union.

(2) Paragraph (b) of subsection (1) shall not render unlawful the investment of the funds of a registered trade union which was lawfully made before the commencement of the Trade Unions (Amendment) Act, 1982.”.

Amendment of section 52

14. Section 52 of the principal Act is amended —

(a)

by inserting, immediately after subsection (3), the following subsection:

“(4) No trade union shall cause the accounts to be audited under subsection (3) by the same person for a continuous period of more than five years without the prior written approval of the Minister.”; and

(b)

by renumbering the existing subsection (4) as subsection (5), and by inserting immediately thereafter the following subsections:

“(6) The Registrar may by notice in writing direct the attendance before him, at the place and time set out in the notice, of any person appointed to audit the accounts of a trade union for any purpose related to the audit.

(7) The Registrar may, if he thinks it necessary, by notice in writing direct any trade union to —

(a)	cause the accounts to be audited by any person other than the person who first audited the accounts; or
(b)	cause the accounts to be further audited in such manner as the Registrar may require.

(8) All expenses incurred by a trade union in complying with the direction of the Registrar shall be borne by the trade union.

(9) Any person who fails to comply with the direction of the Registrar under subsection (6) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding six months or to both such fine and imprisonment.

(10) Any trade union which fails to comply with the direction of the Registrar under subsection (7) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding two thousand dollars.”.

New section 52A

15. The principal Act is amended by inserting, immediately after section 52, the following section:

“Production of documents, etc., for examination

52A.—(1) For the purpose of carrying out the provisions of this Act, the Registrar may by notice in writing direct any officer or employee of a trade union to produce for his examination any books, accounts, records and documents and to answer such questions relating thereto as may be necessary.

(2) Any person who —

(a)	wilfully refuses or without lawful excuse fails to comply with the direction of the Registrar under subsection (1); or
(b)	who wilfully withholds any information, or refuses to answer, or wilfully gives a false answer to any question put to him by the Registrar,

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding six months or to both such fine and imprisonment.”.

Transitional provisions

16.—(1) Every association or combination of workmen or employers registered as a trade union before the commencement of this Act and which ceases to be a trade union by virtue of section 2 of this Act shall be entitled to continue to be so registered for a period of one year from the commencement of this Act for the purpose of resolving its affairs, and the provisions of the principal Act shall continue to apply to such trade union so long as it continues to be so registered.

(2) After the expiration of one year from the commencement of this Act, the Registrar shall cancel any certificate of registration issued to such trade union and the Registrar shall within seven days of such cancellation give to the trade union notice in writing to that effect.

(3) Section 19 of the principal Act shall apply to any trade union whose certificate of registration has been cancelled by the Registrar under this section.

(4) Where the certificate of registration of any trade union is cancelled under this section —

(a)

the property of the trade union shall forthwith vest in the Official Assignee in Bankruptcy; and

(b)

the Official Assignee in Bankruptcy shall proceed to wind up the affairs of the trade union and, after satisfying and providing for all debts and liabilities of the trade union and the costs of winding up, shall with the approval of the Minister pay the surplus assets, if any, to any society registered under the Societies Act (Cap. 262), and consisting of the majority of the members of the trade union.

(5) Where for any reason the surplus assets have not been or cannot be paid to a society in accordance with subsection (4), the Official Assignee in Bankruptcy shall pay those surplus assets —

(a)	where the Minister so directs, into the Workers’ Fund established under the Workmen’s Compensation Act, 1975 (Act 25 of 1975); or
(b)	in the absence of a direction from the Minister, in accordance with the rules of the trade union.

(6) Where no direction is given by the Minister under paragraph (a) of subsection (5) and the surplus assets or part thereof cannot be paid in accordance with the rules of the trade union either because the members cannot be found or no meeting of the members is possible or for any other good and sufficient reason, such surplus assets shall be paid into the Workers’ Fund.

Search within Legislation