Section 27

For the purposes of enabling prison officers to consider and bring to the notice of the Government all matters affecting their welfare and efficiency, including pay, pensions and conditions of service, other than questions of discipline and promotion affecting individuals, there may be established an association which shall operate and be administered in accordance with rules made by the Minister of Home Affairs with the approval of His Majesty the Sultan and Yang Di-Pertuan. Such association shall be entirely independent of, and unassociated with, any body or person outside the Prisons Department and shall be deemed not to be a trade union within the meaning of the Trade Union Act (Chapter 128) and shall be exempted from the provisions of the Societies Act (Chapter 203).

Prisons 16

Subject to the provisions of subsection (1), no prison officer shall become, or after the expiration of one month from the coming into force of this section be, a member of any trade union or of any association having for its object or one of its objects to control or influence the pay, pensions or conditions of service of prison officers or of any association with political objects, and any prison officer who contravenes this provision is guilty of an offence and liable on conviction to a fine of $1,000:

Provided that where a prison officer is, at the time of the enforcement of this section, a member of a trade union, such officer may, with the consent of the Director, continue to be a member of that trade union during the time of his service in the Prisons Department:

Provided further that the Minister* may declare, by notification published in the Gazette, declare that the provisions of this section shall not apply in respect of any association or any particular membership or class of membership of an association to which this section applies.

Any question whether any body is a trade union or association to which this section applies shall be determined by the Minister*.