Wednesday, May 13, 2015

INDUSTRIAL COURT RULES 1967

Adalah agak menyedihkan bahawa perundangan lengkap berkenaan hak pekerja dan kesatuan sekerja tidak dengan jelas terpapar di laman web Malaysian Trade Union Congress(MTUC) dan laman web kesatuan yang lain. Adalah juga sedih ianya tidak terpapar dalam laman web Kementerian berkenaan, Industrial Court, IRD dan Jabatan berkenaan. Bagaimana pekerja dan kesatuan boleh mengunakan undang-undang untuk mempertahankan hak mereka juka undang-undang itu sendiri tidak senang diketahui atau dijumpai. Justeru, Blog ini jumpa membantu dengan memaparkan Industrial Court Rules 1967 - yang dibuat berasaskan kuasa yang diberikan oleh Industrial Relations Act 1967

Akta lain yang boleh ditemui di Laman web Industrial Court adalah - 

Kini hanya undang-undang asas dipaparkan tetapi malangnya undang-undang subsidiary saperti Industrial Court Rules dan banyak lagi tidak dipaparkan. 



INDUSTRIAL COURT RULES 1967

Preamble
IN exercise of the powers conferred by section 25 of the Industrial Relations Act, 1967, the President, with the approval of the Minister, makes the following rules governing the procedure and proceedings of the Industrial Court.
PRELIMINARY


1  Citation.
These rules may be cited as the Industrial Court Rules, 1967, and shall be deemed to have come into force on the 24th day of August, 1967.

2  Interpretation
In these rules, unless the context otherwise requires, words therein shall have the same meaning as given to them by the Industrial Relations Act, 1967, and in addition-
"Act" means the Industrial Relations Act, 1967;

"Case" means any trade dispute or matter referred to the Court by the Minister and any other matter required to be determined or considered by the Court under the provisions of the Act;

"Form" means the appropriate form set out in the Schedule to these Rules;

"Premises of the Court" means the premises situated at Jalan Mahkamah Persekutuan, Kuala Lumpur or such other premises as the President may from time to time declare to be the premises of the Court;

"President" means the President of the Court appointed under the Act and includes, where the context and the Act so admit, the Chairman of a Division of the Court constituted under section 23 of the Act.

REPRESENTATION IN COURT

3  Legal Practitioners.
(1) Any party seeking, under the provisions of section 27 of the Act, the permission of the President to be represented at the proceedings before the Court by a legal practitioner shall make application in triplicate in Part 1 of Form A.

(2) The Secretary shall serve a copy of Form A on the other party.

(3) Such other party may signify in Part 11 of the Form objections if any, to the application made in Part 1. If the Form be not returned to the Secretary at the premises of the Court within five days of the date of service, no objections to the application made subsequent thereto will be entertained.

4  Warrant of Authority.
(1) Any party who intends to be represented at the proceedings before the Court by a representative under the provisions of section 27 of the Act shall sign a warrant of authority in favour of such representative in Form B.

(2) A party appearing before the Court by a representative shall be bound by the acts of that representative.

5  Description of Parties.
In all proceedings before the Court, an employer who is a party and is represented by a trade union of employers and workmen who are parties and are represented by a trade union of workmen shall be described by the name of such trade union.

COLLECTIVE AGREEMENTS

6  Submission of Collective Agreement for cognizance.
Upon a collective agreement being deposited with the Secretary under the provisions of section 16(1) of the Act, the Secretary shall bring it to the notice of the Court for cognizance in Form C.

7  Requirement to Amend.
(1) A requirement under the provisions of section 16(2)(b) of the Act that such part of a collective agreement as does not comply with section 14 of the Act shall be amended in such manner as the Court may direct shall be in Form D.
(2) The place, date and time for the parties to attend to carry out the directions of the Court shall be fixed by the President and shall be endorsed on the requirement to amend.

(3) The Secretary shall serve such requirement to amend endorsed as aforesaid on the parties to the collective agreement.

(4) If any party objects to the amendments directed to be made, the President shall fix the date on which the matter will be heard.

(5) Upon such date being fixed, the Secretary shall serve notice thereof in Form E.

CASES BROUGHT BEFORE THE COURT

8  Fixing of dates for hearing.
(1) Upon a case being brought before the Court, the Secretary shall immediately serve notice in Form F of the place, date and time for mention of the case before the President.

(2) Notwithstanding the absence of any party at the place, date and time prescribed by paragraph (1), the President may fix dates for hearing of the case and no application for any alteration of the dates will be entertained except under very exceptional circumstances.

(3) Upon the dates for hearing being fixed, the Secretary shall serve notice thereof in Form G.
9  Statement of Case
(1) Upon a case being brought before the Court, the Secretary shall immediately serve notice in Form H on one or other of the parties as the President shall direct to submit to the Court a Statement of Case.

(2) Within seven days from the date of service of such notice or within such extended time as may be permitted by the President, the party served (hereinafter referred to as "the first party") shall, in submitting his Statement of Case to the Court, deliver to the Secretary at the premises of the Court during office hours or forward to him at such premises by A.R. Registered Post six copies of such Statement of Case.

(3) Such Statement of Case shall be confined to the issues which are included in the Case referred to the Court by the Minister or in the matter required to be determined by the Court under the provisions of the Act and shall contain-
(a) a statement of all relevant facts and arguments;
(b) particulars of decisions prayed for;
(c) an endorsement of the name of the first party and of his address for service; and
(d) as an appendix or attachment, a bundle of all relevant documents relating to the case.

(4) Should a Statement of Case fail to comply with the provisions of the preceding paragraph, it may be rejected by the President whereupon the Secretary shall serve notice in Form 1 on the first party to submit a fresh Statement of Case and the provisions of paragraphs (2) and (3) of this rule shall apply.

(5) The Secretary shall serve a copy of the Statement of Case or fresh Statement of Case, as the case may be, on the opposite party.

10  Statement in Reply
(1) Upon the Secretary serving a copy of a Statement of Case on the opposite party, he shall also serve notice in Form J on such party to submit to the Court a Statement in Reply.

(2) Within seven days from the date of service of such notice or within such extended time as may be permitted by the President, the opposite party shall, in submitting his Statement in Reply to the Court, deliver to the Secretary at the premises of the Court during office hours or forward to him at such premises by A.R. Registered Post six copies of such Statement in Reply.

(3) Such Statement in Reply shall be confined to the matters raised in the Statement of Case and to any issues which are included in the case referred to the Court by the Minister or in the matter required to be determined by the Court under the provisions of the Act and which may have been omitted from the Statement of Case and shall contain-
(i) a statement of all relevant facts and arguments;
(ii) particulars of decisions prayed for;
(iii) an endorsement of the name of the opposite party and of his a address for service; and
(iv) as an appendix or attachment, a bundle of all relevant documents relating to the case and which have not already been included in the Statement of Case.
[(3)(b) Deleted PU(A) 175/1991]

(4) Should a Statement in Reply fail to comply with the provisions of the preceding paragraph (3), it may be rejected by the President whereupon the Secretary shall serve notice in Form K on the opposite party to submit a fresh Statement in Reply and the Provisions of the preceding paragraphs (2) and (3) of this rule shall apply.

(5) The Secretary shall serve a copy of the Statement in Reply or fresh Statement in Reply, as the case may be, on the first party.

11  Rejoinder.
(1) The first party may and, if directed by the President, shall submit to the Court a Rejoinder to the Statement in Reply within seven days from the date of service on him of the Statement in Reply by delivering to the Secretary at the premises of the Court during office hours or forwarding to him at such premises by A.R. Registered Post six copies of such Rejoinder.

(2) Such Rejoinder shall relate only to such of the matters as have been raised or alluded to in the Statement in Reply, and in other respects the provisions of Rule 10 (Statement in Reply) shall apply mutatis mutandis.

PARTY ADDED

12  Joinder Substitution.
Whenever in any case the Court has, under the provisions of section 29(a) of the Act, ordered that any party be joined or substituted, the Secretary shall serve a summons in Form L on such party to appear before the Court.
13  Statements upon party joined or substituted
Upon a party being joined or substituted, he shall submit to the Court a Statement of Case or Statement in Reply, as the case may be, and the provisions of Rule 9 (Statement of Case), Rule 10 (Statement in Reply) and Rule 11 (Rejoinder) shall apply mutatis mutandis.
INTERPRETATION OF VARIATION
14  Interpretation of Award or Collective Agreement
(1) An application made under section 33(1) of the Act for a decision on any question arising as to the interpretation of any award or collective agreement taken cognisance of by the Court shall be made by delivering to the Secretary at the premises of the Court during office hours or forwarding to him at such premises by A.R. Registered Post six copies of the application in Form M.

(2) The place, date and time for the hearing of the parties on the question shall be fixed by the President and notified to the parties by the Secretary by endorsement on the application.

(3) The Secretary shall serve copies of such application endorsed as aforesaid on the parties bound by the award or collective agreement.
15  Variation of Award or Collective Agreement
(1) An application made under section 33(2) of the Act for the variation of any of the terms of an award or collective agreement shall be made by delivering to the Secretary at the premises of the Court during office hours or forwarding to him at such premises by A.R. Registered Post six copies of the application in Form N.

(2) The place, date and time for the hearing of the parties on the application shall be fixed by the President and notified to the parties by the Secretary by endorsement on the application.

(3) The Secretary shall serve copies of such application endorsed aforesaid on the parties bound by the award or collective agreement.
SUMMONS TO APPEAR
16  Summons.
A summons issued by the Court requiring any party or person to appear before it or to produce documents under the provisions of paragraphs (b) and (c) of section 29 of the Act shall be in Form O.
SERVICE
17  Address for Service.
(1) Every document which is delivered or forwarded to the Secretary in connection with any matter before the Court shall be endorsed with the name and address of the party delivering or forwarding the same and that address shall be taken to be the address for service of that party.[(1) Am. PU(A) 203/2007:r.2]

(2) For the purpose of these Rules, .document. includes a summons or notice.[(2) Ins. PU(A) 203/2007:r.2]
18  Service
Any document required to be served may be served by the Registrar or by any person authorized by the President or Registrar.[18. Subs. PU(A) 203/2007:r.3]

19  Manner of Service.
(1) Service of a document on a person other than a body corporate, firm, society, trade union or other unincorporated body may be effected by.
(a) leaving it with the person;
(b) tendering it to that person; or
(c) posting it by A.R. Registered Post addressed to that person at his address for service.

(2) Service of a document upon a body corporate may be effected by.
(a) leaving it with the President, Chairman, Secretary, Treasurer or any other officer responsible for the management of the body corporate;
(b) tendering it to the President, Chairman, Secretary, Treasurer or any other officer responsible for the management of the body corporate; and
(c) posting it by A.R. Registered Post addressed to the President, Chairman, Secretary, Treasurer or any other officer responsible for the management of the body corporate at the registered office or place of business of the body corporate or at its address for service.

(3) Service of a document on a firm, which is a partnership or sole proprietorship, may be effected by.
(a) leaving it or tendering it with a partner of the firm or the sole proprietor, as the case may be; or
(b) posting it by A.R. Registered Post addressed to the sole proprietor or a partner of the firm at the registered address or place of business of the firm.

(4) Service of a document on a trade union may be effected by.
(a) leaving it with the President, the Secretary, the Treasurer or other officer of a trade union;
(b) tendering it to the President, the Secretary, the Treasurer or other officer of the trade union; or
(c) posting it by A.R. Registered Post addressed to the President, the Secretary, the Treasurer or other officer of trade union at the registered office for the trade union or at its address for service.

(5) Service of a document on a society or any other unincorporated body may be effected by.
(a) leaving it or tendering it with the President, Chairman, Secretary, Treasurer or other similar officer thereof; or
(b) posting it by A.R. Registered Post addressed to the President, Chairman, Secretary, Treasurer or other similar officer thereof at its registered address or place of business or place where its activity or affairs are conducted.[19. Subs. PU(A) 203/2007:r.4]

20  Substituted Service.
The President may make such order for substituted service of any document as he may think fit.[20. Am. PU(A) 203/2007:r.5]

21  Date of Service
The date of service of any document shall be taken to be the date on which such document has been left or tendered or posted or affixed in accordance with the provisions of Rule 19 or as ordered under the provisions of Rule 20.

21A  Procedure before hearing.
(1) Before the hearing, the President may call upon the parties to submit to the Court, within fourteen days of the date fixed for hearing, an agreed bundle of documents relating to the case and an agreed statement of facts, if any. Such agreed bundle and agreed statement of facts shall form part of the documentary evidence.

(2) The President may, if he thinks fit, permit any party to state the evidence of its witness by way of affidavit and/or affidavit-in-reply at least one month before the date of hearing. If such a course of action is taken, the President shall, on an application to be made by the opposite party within fourteen days of service of the affidavit, require the deponent of such affidavit to be present and be-examined orally at the hearing.

(3) Such affidavit and examination arising therefrom shall form part of the record and proceedings of the Court.

21B  Notice to produce documents.
(1) The Court may, if it appears desirable in the interests of justice and upon an application being made, order by way of summons any party-
(a) to state on oath orally or by affidavit about documents he has or he has had in his possession or power relating to the matters in question; and
(b) to produce any documents in his possession or power.

(2) A summons to produce documents shall be in Form P.

PROCEDURE AT HEARING

22  Procedure at Hearing
(1) At the hearing, the President shall call upon such party as he may think fit to state his case and to adduce evidence, if any, in support thereof.

(2) The opposite party shall thereafter state his case and adduce evidence, if any, in support thereof.

(3) The first party shall then be at liberty to reply to the matters raised by the opposite party and thereafter the opposite party shall be at liberty to reply to the matters raised by the first party in his reply.

(4) No further submissions or statements may be made except by leave of the President.

23  Proceedings in Public
The proceedings before the Court shall be held in public, provided that the Court may, by virtue of its powers under section 29(e) of the Act, direct that any witness shall be examined or its proceedings or any part thereof shall be conducted in private.

24  Oath or Affirmation
An oath shall be administered in Form Q and an affirmation in Form R.

24A  Enforcement of award on non-compliance
(1) A complaint of any term of any award or collective agreement which has been taken cognizance of by the Court has not been complied with shall be lodged with the Court in Form S.

(2) When the Court makes an order of non-compliance against any party and such order has not been complied with, the Registrar of the Court may, at the request of either party, send a certified copy of the order to the Senior Assistant Registrar of the High Court or the Registrar of the Sessions Court, as the case may be, and the said Senior Assistant Registrar or the Registrar shall cause a copy of such order to be recorded and thereafter the said order shall, for all purposes, be enforceable as ajudgement of the High Court or the Sessions Court in accordance with the Rules of the High Court or the Sessions Court.

(3) The order of the Court shall be in Form T.

24B  Reference to the High Court on a question of law.
(1) An application made under section 33A of the Act for any question of law to be referred to the High Court shall be in Form U.

(2) The place, date and time for the hearing of the application shall be fixed by the President and notified to the parties by the Registrar by endorsement on the application.

(3) The Registrar shall serve copies of such application endorsed as aforesaid on the parties bound by the award.
FORMS

25  Forms not prescribed.
Where a form is not prescribed or where a prescribed form is not suitable to the circumstances of a particular case, forms prescribed may wherever possible be adapted to meet such case; otherwise the form shall be such as the President may direct or approve for the purposes of the particular case.
SCHEDULE
FORMS
Form A - Application for Permission to be Presented by Legal Practitioner (Rule 3)
Form B - Warrant of Authority (Rule 4)
Form C - Submission of Collective Agreement for Cognizance (Rule 6)
Form D - Requirement to Amend (Rule 7(1))
Form E - Notice of Hearing on Amendments (Rule 7(5))
Form F - Notice of Mention of Case (Rule 8(1))
Form G - Notice of Hearing (Rule 8(3))
Form H - Statement of Case (Rule 9(1))
Form I - Fresh Statement of Case (Rule 9(4))
Form J - Statement in Reply (Rule 10(1))
Form K - Fresh Statement in Reply (Rule 10(4))
Form L - Summons to Party Joined/Substituted (Rule 12)
Form M - Application for Interpretation of Award/Collective Agreement (Rule 14)
Form N - Application for Variation of Award or Collective Agreement (Rule 15)
Form O - Summons (Rule 16)
Form P - Summons to Produce Documents Only (Rule 21B)
Form Q - Oath (Rule 24)
Form R - Affirmation (Rule 24)
Form S - Complaint of Non-Compliance (Rule 24A(1))
Form T - Order of Court (Rule 24A(3))
Form U - Application on Points of Law (Rule 24B)

Note: It is always best to check and verify whether the Rules have been changed - these Rules, are correct as of 1/5/2015, I believe. The Forms are also in the Rules - and do look at the Rules for the forms. 

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