SOCIETIES ACT 1966 (REVISED 1987)

1 PART I PROVISIONS APPLICABLE TO SOCIETIES GENERALLY-1. Short title, commencement and application.

(1) This Act may be cited as the Societies Act 1966 , and shall, subject to subsection (2) of this section, come into force on such date as the Minister may by notification in the Gazette appoint, such date not being earlier than that on which the notification is published.

(2) The Minister may by notification in the Gazette suspend the operation of all or any of the provisions of this Act in any part of Malaysia for such period as may be specified in such notification.

(3) This Act shall apply throughout Malaysia.

2 PART I PROVISIONS APPLICABLE TO SOCIETIES GENERALLY-2. Interpretation.

In this Act, unless the context otherwise requires:

"Assistant Registrar" means any officer appointed as an Assistant Registrar of Societies under section 3;

"benefit" means a payment made by a mutual benefit society for the relief or maintenance of the members or subscribers or on birth or death in accordance with the rules of the mutual benefit society;

"local society" means any society organised and established in Malaysia or having its headquarters or chief place of business in Malaysia, and includes any society deemed to be established in Malaysia by virtue of section 4;

"Minister" means the Minister for the time being charged with responsibility for the registration of societies;

"mutual benefit socie
2A PART I PROVISIONS APPLICABLE TO SOCIETIES GENERALLY-2A. Registered societies to act in fulfilment of the Constitution.

[Ins. Act A515]

It shall be the duty of every registered society in carrying out its activities and in conducting its affairs to ensure that they are in accord with, and conducive to the fulfilment of and adherence to, the provisions of the Federal Constitution and the State Constitutions, and where any of the activities or affairs of any society is in any manner violative of, or derogatory to, or militates against, or shows disregard for:

[Am. Act A557]

(a) the system of democratic government headed by a constitutional sovereign of Malaysia, and, in the States, by the respective constitutional Rulers or Yang di-Pertua-Yang di-Pertua Negeri; or

(b) the position of Islam as the religion of Malaysia, with other religions being practised in peace and harmony; or

(c) the use of the National Language for official purposes; or

3 PART I PROVISIONS APPLICABLE TO SOCIETIES GENERALLY-3. Appointment of Registrar, Deputy Registrars and other officers.

(1) The Yang di-Pertuan Agong may appoint a Registrar of Societies and such number of Deputy Registrars as he may consider necessary for the purposes of this Act.

[Am. Act A1027]

(1A) The Minister may appoint such number of Assistant Registrars and such other officers as he may consider necessary for the proper administration of this Act

[Ins. Act A1027]

(1B) The Deputy Registrars, Assistant Registrars and other officers appointed under subsections (1) and (1A) respectively shall be under the direction and control of the Registrar.

[Ins. Act A1027]

(2) All officers appointed under subsection (1) and (1A) shall be deemed to be public servants for the purposes of the Penal Code.

[Am. Act A1027]

(3) No suit shall lie against any public officer for anything done or omitted to be done by him in good fait
3A PART I PROVISIONS APPLICABLE TO SOCIETIES GENERALLY-3A. Powers of Registrar.

In addition to the powers, duties and functions conferred on the Registrar by this Act and any regulations made thereunder, the Registrar shall have and may exercise all such powers, discharge all such duties and perform all such functions as may be necessary for the purpose of giving effect to and carrying out the provisions of this Act.

[Ins. Act A700]

3B PART I PROVISIONS APPLICABLE TO SOCIETIES GENERALLY-3B. Powers of delegation.

(1) The Registrar may, in writing, delegate any of the powers conferred on him under this Act, except the power of delegation under this section, to any Assistant Registrar appointed under section 3.

(2) A delegation under subsection (1) may be made subject to such restrictions and limitations as may be prescribed by the Registrar in the instrument of delegation.

(3) The power of delegation under subsection (1) shall be exercised by the Registrar personally.

[Ins. Act A1027]

4 PART I PROVISIONS APPLICABLE TO SOCIETIES GENERALLY-4. Societies deemed to be established in Malaysia.

A society shall be deemed to be established in Malaysia, although it is organised and has its headquarters or chief place of business outside Malaysia, if any of its office-bearers or members resides in Malaysia or is present therein, or if any person in Malaysia manages or assists in the management of such society or solicits or collects money or subscription in its behalf:

Provided that no society shall be deemed to be so established, if and so long as:

(a) it is organised and is operating wholly outside Malaysia;

(b) no office, place of business or place of meeting is maintained or used in Malaysia by such society or by any person in its behalf;

(c) no register of all or any of the members of such society is kept in Malaysia; and

(d) no subscriptions are collected or solicited in Malaysia by the society or by any person in its behalf.

5 PART I PROVISIONS APPLICABLE TO SOCIETIES GENERALLY-5. Power of the Minister to declare a society unlawful.

(1) It shall be lawful for the Minister in his absolute discretion by order to declare unlawful any society or branch or class or description of any societies which in his opinion, is or is being used for purposes prejudicial to or incompatible with the interest of the security of Malaysia or any part thereof, public order or morality.

(2) An order made under this section shall be published in the Gazette and shall operate to cancel immediately the registration of any such society or societies, if already registered under this Act; and no society against which an order made under this section applies shall be so registered.

(3) The provisions of section 17 shall apply in respect of a local society affected by the order made under this section.

EDITORIAL COMMENTS AND ANNOTATION

Test applicable to review decision of Minister under s 5 of the Act 335

Refer to [Am. Act A1027]

EDITORIAL COMMENTS AND ANNOTATION

Validity of the contracts in respect of the purchase of properti
6A PART I PROVISIONS APPLICABLE TO SOCIETIES GENERALLY-6A. Power of Registrar to make inquiries, etc. in relation to any application under this Act.

(1) The Registrar may, in relation to any application under section 6, subsection (1) of section 11, subsection (1) of section 12, section 49, subsection (1) of section 50, or any other provision of this Act or regulations made thereunder, call for such further information, and make such inquiries, as he may consider necessary.

[Ins. Act A700]

(2) Where a person making any application as is referred to in subsection (1) fails to supply the further information called for, or answer the inquiries made, to the satisfaction of the Registrar, he may refuse the application.

7 PART I PROVISIONS APPLICABLE TO SOCIETIES GENERALLY-7. Registration and refusal to register.

(1) Upon receipt of an application under section 6, the Registrar shall, subject to the provisions of this section and to such conditions as the Registrar may deem fit to impose, register the local society making the application.

[Subs. Act A1027]

(2) The Registrar may refuse to register a local society if:

(a) he is satisfied that such a society is a branch of any society whose registration has been cancelled under section 13(1) (c) ; or

(b) he is not satisfied that such local society has complied with the provisions of this Act and of the regulations made thereunder; or

(c) a dispute exists among the members of such local society as to the persons who are to be office-bearers or to hold or to administer any property of the society until the dispute is decided by a Court or by arbitration or by agreement between the members or otherwise.

8 PART I PROVISIONS APPLICABLE TO SOCIETIES GENERALLY-8. Certificate of registration.

The Registrar, on registering a local society under section 7, shall issue to the society a certificate of registration in the prescribed form, and that certificate unless proved to have been cancelled, shall be conclusive evidence for all purposes that the society has been duly registered under this Act.

[Ins. Act A557]

8A PART I PROVISIONS APPLICABLE TO SOCIETIES GENERALLY-8A. Liability of registered society in respect of contracts entered into by a branch.

(1) Notwithstanding anything contained in section 12, a registered society shall not sue or be sued in respect of any contract entered into by any branch thereof, or by any office-bearer of such branch unless such contract has been entered into by the branch by virtue of an express permission given to the branch by the committee or governing body of the registered society, or is a contract within a particular class or description which the branch is generally or specifically authorised by the society to enter into; and the provisions of paragraphs (c) , (d) and (e) of section 9 shall be construed accordingly in their application to any suit, proceeding, judgment, or application for execution, in relation to any contract entered into by a branch of a registered society.

(2) Without prejudice to subsection (1), where a branch, which in this subsection is referred to as the &subordinate branch&, is under the control and r
9 PART I PROVISIONS APPLICABLE TO SOCIETIES GENERALLY-9. Provisions applicable to registered societies.

The following provisions shall apply to registered societies:

(a) the movable property of a society, if not vested in trustees, shall be deemed to be vested for the time being in the governing body of the society, and in all proceedings civil and criminal, may be described as the property of the governing body of the society by its proper title if known;

[Am. Act A557]

(b) the immovable property of a society may, if not registered in the names of trustees, notwithstanding the provisions of any written law to the contrary, be registered in the name of the society, and all instruments relating to that property shall be as valid and effective as if they had been executed by a registered proprietor provided that they are executed by three office-bearers for the time being of the society, whose appointments are authenticated by a certificate of the Registrar, and sealed with the s
9A PART I PROVISIONS APPLICABLE TO SOCIETIES GENERALLY-9A. Disqualifications applicable to office-bearers, advisers and.

[Ins. Act A515; Am. Act A557]

(1) Subject to subsections (2) and (4), a person shall be disqualified from being, and shall not become or remain, an office-bearer, adviser or employee of a registered society:

(a) if he has been convicted of any offence against this Act; or

(b) if he has been convicted of any offence under any other law and sentenced to a fine of not less than two thousand ringgit or to imprisonment for a term of not less than one year; or

(c) if there is in force against him any order of detention, restriction, supervision, restricted residence, banishment or deportation under any law relating to the security of, or public order in, Malaysia or any part thereof, or to prevention of crime, preventive detention, restricted residence, banishment or immigration; or

(d) if he is an undischarged bankrupt; or

(e) if
10 PART I PROVISIONS APPLICABLE TO SOCIETIES GENERALLY-10. Inspection of documents and evidentiary value of copies certified by Registrar.

(1) Subject to subsection (2), documents filed with the Registrar or Assistant Registrar in pursuance to any provision of this Act or any regulations made thereunder and any copy of any certificate, order, notice or any other document issued by the Registrar or Assistant Registrar in pursuance to any provision of this Act or any regulations made thereunder may, on payment of the prescribed fee:

[Am. Act A102; A557]

(a) be inspected by any person; or

(b) a copy thereof be obtained by any person from the Registrar or Assistant Registrar:

Provided that the person seeking the inspection or copy states the purpose for which he requires the same, and the Registrar is satisfied that such purpose is a lawful purpose, and that the inspection or copy is not being sought by or on behalf of an unlawful society.

[Am. Act A700]

(
11 PART I PROVISIONS APPLICABLE TO SOCIETIES GENERALLY-11. Change of name, place of business and rules of society.

(1) No registered society shall:

[Am. Act A557]

(a) change its name or place of business; or

(b) amend its rules,

without the prior approval of the Registrar, and an application for any such change, or amendment of its rules shall be made to the Registrar within sixty days from the date of the decision to make the change or the amendment.

[Am. Act A1027]

(2) If a registered society fails to comply with this section, the society and every office-bearer of the society shall be guilty of an offence against this Act and shall be liable, on conviction, to a fine not exceeding three thousand ringgit.

[Am. Act A1027]

(3) For the purpose of this section:

(a) the expression "amend" and its cognate expression shall include a new rule and a resolution rescind
11A PART I PROVISIONS APPLICABLE TO SOCIETIES GENERALLY-11A. [Deleted].

(Deleted by Act A557:s.11)

12 PART I PROVISIONS APPLICABLE TO SOCIETIES GENERALLY-12. Branch of a society.

(1) No registered society shall establish a branch without the prior approval of the Registrar.

(2) The Registrar may refuse his consent to the establishment of a branch of the registered society if:

(a) the rules of the society do not provide for the establishment of a branch of the society; or

(b) the rules of the branch of the society are such as to make the branch of the society an independent society not adequately under the control of the society.

(3) Where a registered society establishes a branch without the prior approval of the Registrar the branch so established shall be an unlawful society:

Provided that a branch of a registered society established and in existence immediately before the commencement of this Act shall not be unlawful society if within six months from the commencement of this Act or such extended period, not being more than three months, as
13 PART I PROVISIONS APPLICABLE TO SOCIETIES GENERALLY-13. Cancellation and suspension.

(1) Subject to subsection (2), the Registrar may, in the following cases, cancel the registration of any society registered under section 7:

[Am. P.U. (A) 282/70; Act A102; A515; A557]

(a) upon its dissolution by the society to be verified in such manner as the Registrar may require or upon dissolution by the Registrar in accordance with this Act;

(b) on the order made by the Minister under section 5;

(c) if the Registrar is satisfied:

(i) that the registration was effected as the result of a fraud or a mistake or misrepresentation in any material particular;

(ii) that the society is likely to be used for unlawful purposes or for purposes prejudicial to or incompatible with peace, welfare, good order or morality in Malaysia;

(iii) that the society is pursuing objects other than the objects with which the society is regist
13A PART I PROVISIONS APPLICABLE TO SOCIETIES GENERALLY-13A. Power of Registrar to make certain orders in respect of.

(1) Where the Registrar is satisfied that it is necessary to do so in the interests of any registered society, or in the interests of public order, safety or security, or otherwise in the public interest, the Registrar may at any time, after giving the society an opportunity to make representations to him, make an order in writing:

[Ins. Act A102; A515; A557]

(a) requiring the society, within the time specified in the order, to provide in its rules or constitution that the office-bearers of the society shall be Federal citizens, and, consequently, requiring the society to remove from office all persons who, not being Federal citizens, were office-bearers of the society immediately before the making of the order; or

(b) prohibiting the society from having, directly or indirectly, any affiliation, connection, communication, or other dealing whatsoever, with any society, organis
14 PART I PROVISIONS APPLICABLE TO SOCIETIES GENERALLY-14. Information to be furnished by societies, order of the Registrar.

(1) Every registered society shall, within sixty days after the holding of its annual general meeting or if no annual general meeting is held, within sixty days after the end of each calendar year, forward to the Registrar:

[Am. Act A1027]

(a) a true and complete copy of any amendments to the rules of such society made since the date of registration or of the last return;

(b) a true and complete list of office-bearers and the number of members of such society residing in Malaysia or present therein at the date of such return or, if such society has no office-bearers residing or present in Malaysia, the name, address and occupation of the person or persons in Malaysia authorised to act for or on behalf of the society, and the number of members as aforesaid together with a true and complete list of the office-bearers of all the branches (if any) of the society;

[Am. Act A515; A557]

Provided always that any such office-bearer or other person as aforesaid shall not be so bound unless he has been served with the order given by the Registrar.

(1A) Where a notice, order, or other document is served upon a person who has ceased to be an office-bearer of a registered society he shall forthwith deliver such notice, order or document upon an existing office-bearer of the registered society, or if unknown, shall return it to the Registrar or Assistant Registrar who sent it; and any person who fails to do so shall be liable, on conviction, to a fine not exceeding three thousand ringgit.

[Ins. Act A557;A1027]

(2) If any registered soci
16 PART I PROVISIONS APPLICABLE TO SOCIETIES GENERALLY-16. Disputes.

(1) If the Registrar is of the opinion that a dispute has occurred among the members or office-bearers of a registered society as a result of which the Registrar is not satisfied of the identity of the persons who have been properly constituted as officebearers of the society, the Registrar may serve notice on the society requiring the society, within one month of the service of such notice, to produce to him evidence of the settlement of any such dispute and of the proper appointment of the lawful office-bearers of the society or of the institution of proceedings for the settlement of such dispute.

(2) If any such notice as is provided in subsection (1) is not complied with to the satisfaction of the Registrar within the period of one month or any extension thereof allowed by the Registrar, the Registrar may take steps to cancel the registration of the society under section 13.

[Am. Act A1027]

17 PART I PROVISIONS APPLICABLE TO SOCIETIES GENERALLY-17. Consequence of order of the Minister under section 5, refusal of the Registrar to register a local society under section 7 and cancellation of registration of a registered society under any provision of this Act.

(1) Upon the making of an order by the Minister under section 5 or upon the refusal of the Registrar to register a local society under section 7, or upon the cancellation of the registration of a registered society under any provision of this Act, the following consequences shall ensue:

[Am. Act A515; A557]

(a) the property of the society shall forthwith vest either in the Official Assignee or if any other officer be, by terms of the order under section 5, appointed by the Minister for the purpose of winding up the affairs of the society, then in such other officer;

(b) the Official Assignee or such other officer as aforesaid shall proceed to wind up the affairs of the society, and after satisfying and providing for all debts and liabilities of the society and the costs of the winding up shall pay the surplus assets, if any, of the society:

(i) to the Consolidated Fun
17A PART I PROVISIONS APPLICABLE TO SOCIETIES GENERALLY-17A. Application of section 17 to unlawful branch.

Where a branch of a society:

[Ins. Act A700]

(a) has been declared unlawful by an order of the Minister under section 5;

(b) is notified by the Registrar to the Official Assignee to be an unlawful society under paragraph (c) of subsection (1) of section 41; or

(c) has, otherwise howsoever, become an unlawful society under subsection (1) of section 41,

the provisions of section 17 shall apply to the branch and its property in the same manner as they apply to a society and its property, and the reference in subsections (3) and (4) of section 17 to the governing body of a society shall in such case be accordingly construed as a reference to the governing body of the branch concerned, and the reference in subsection (6) of section 17 to a branch of a society shall in such case be accordingly construed as a reference to a branch subo
17B PART I PROVISIONS APPLICABLE TO SOCIETIES GENERALLY-17B. Vesting in a new registered society of property of a society whose registration has been cancelled.

(1) Where the property of any society has vested in the Official Assignee under paragraph (a) of subsection (1) of section 17 then, notwithstanding subparagraph

(ii) of paragraph (b) of subsection (1) of section 17, the Official Assignee may, if he is satisfied that another society has been registered under this Act (hereinafter referred to as "the new society") and the constitution and the rules of the new society are substantially similar to those of the registered society whose registration has been cancelled by the Registrar under section 13 (hereinafter referred to as "the old society") and that a majority of persons who were lawful members of the old society immediately before the cancellation of its registration are members of the new society, apply to the High Court for an order for vesting all the assets, debts and liabilities of the old society and all its branches in the new society, provided the Official Assignee h
18 PART I PROVISIONS APPLICABLE TO SOCIETIES GENERALLY-18. Appeals.

Any local society, office-bearer or member of such local society or any other person who is aggrieved by the decision of the Registrar in any of the following cases:

[Am. Act A557]

(a) cancellation of registration of the society under section 2A;

(b) refusal to register the society under section 7;

(c) refusal to grant exemption under section 9A(4) to a disqualified person to hold office in any registered society;

(d) refusal to approve the change of name or place of business of the society, or amendment of its rules under section 11;

(e) refusal to approve the establishment of a branch of the society under section 12;

(f) cancellation of the registration of the society under section 13;

(g) order prohibiting non-citizens from holding office in a society or prohibiting affiliation, connection
18A PART IA PROVISIONS APPLICABLE TO POLITICAL PARTIES ONLY (INS. ACT A743)-18A. Application of Parts I and III.

The provisions contained in this Part shall apply in addition to those contained in Part I and Part III to political parties registered under this Act and where there is any conflict or inconsistency between any provision in this Part and any provision in any other Part of this Act, the provision in this Part shall prevail to the extent of such conflict or inconsistency.

18B PART IA PROVISIONS APPLICABLE TO POLITICAL PARTIES ONLY (INS. ACT A743)-18B. Circumstances which do not make an election invalid.

(1) No election in any political party shall be invalid by reason of any failure to comply with any provision of the political party &s constitution or any rules or regulations made thereunder, or the participation in such election by a person who is disqualified from being a member or office-bearer under this Act or the constitution of the political party, if it appears to the political party or any person authorised by it or by its constitution or rules or regulations made thereunder, that the result of the election would have remained the same had there not been any failure to comply with any such provision, or had the said person not participated in such election, as the case may be.

(2) Where a person who is disqualified under this Act or the constitution of a political party is elected to any post in any election of the political party, such political party shall, upon discovery of his disqualification, notwithstanding the validity of the
18C PART IA PROVISIONS APPLICABLE TO POLITICAL PARTIES ONLY (INS. ACT A743)-18C. Decision of political party to be final and conclusive.

The decision of a political party or any person authorised by it or by its constitution or rules or regulations made thereunder on the interpretation of its constitution, rules or regulations or on any matter relating to the affairs of the party shall be final and conclusive and such decision shall not be challenged, appealed against, reviewed, quashed or called in question in any court on any ground, and no court shall have jurisdiction to entertain or determine any suit, application, question or proceeding on any ground regarding the validity of such decision.

19 PART II PROVISIONS APPLICABLE TO MUTUAL BENEFIT SOCIETIES ONLY-19. Application of Parts I and III.

The provisions contained in this Part shall apply in addition to those contained in Part I and Part III in respect of mutual benefit societies registered under this Act and the expression "registered society" shall in this Part mean that society.

20 PART II PROVISIONS APPLICABLE TO MUTUAL BENEFIT SOCIETIES ONLY-20. Saving.

Nothing in this Act shall apply to any person, body or society to which the Insurance Act 1963 (Act 89), applies and it is hereby declared that any mutual benefit society which has been registered under this Act shall be deemed not to be an insurer for the purposes of the aforesaid Insurance Act and that the provisions of section 67 of the Stamp Act 1949 (59 of 1949), shall not apply to any such mutual benefit society.

21 PART II PROVISIONS APPLICABLE TO MUTUAL BENEFIT SOCIETIES ONLY-21. Restrictions on registration of mutual benefit societies.

(1) A mutual benefit society shall not be entitled to registration under section 7 if the rules of such mutual benefit society provide for:

[Am. Acts A515; A557]

(a) a benefit exceeding two thousand ringgit in any one case;

[Am. Act A1027]

(b) admission of a member or subscriber who is above the age of sixty years, unless that member is insuring another person who is not above the age of sixty years; or

(c) admission of a member or subscriber not resident within the limits of a town in Malaysia in which such society proposes to carry on its business:

Provided that where a mutual benefit society is established in a particular place of work for the benefit of its members or subscribers, the society shall be entitled to registration notwithstanding that the rules of the society provide for the admission of members or subscr
22 PART II PROVISIONS APPLICABLE TO MUTUAL BENEFIT SOCIETIES ONLY-22. Membership of minors.

(1) The rules of a registered society may provide for the admission of a person under twenty-one years of age as a member or subscriber.

(2) Any such member or subscriber may, if he is over sixteen years of age, by himself and if he is under that age by his parent or guardian, execute all instruments and give all acquittances necessary to be executed or given under the rules, but shall not be a member of the committee, or a trustee, secretary, manager or treasurer of the registered society.

23 PART II PROVISIONS APPLICABLE TO MUTUAL BENEFIT SOCIETIES ONLY-23. Restriction on nominees.

No member or subscriber of a registered society may nominate as the person to receive the benefits provided under the rules of the society a person other than the husband, wife, children (including adopted children), grandchildren, mother, father, mother-in-law, father-in-law, sons-in-law, daughters-in-law, brothers or sisters of the whole blood, brothers or sisters of the half-blood, children of such brothers and sisters of the whole or half-blood, uncles or aunts of the whole blood, uncles or aunts of the half-blood or children of such uncles or aunts of the whole or half-blood of such member or subscriber:

[Am. Acts A102; A557]

Provided that a member or subscriber may nominate any other person in writing signed by himself in the presence of and attested by a Justice of the Peace or a Magistrate or the Registrar.

24 PART II PROVISIONS APPLICABLE TO MUTUAL BENEFIT SOCIETIES ONLY-24. Priority on death, bankruptcy, etc., of office-bearers.

In the following cases, namely:

[Am. Act 45/66]

(a) upon the death or bankruptcy of any office-bearer of a registered society having in his possession by virtue of his office any money or property belonging to the society; or

(b) if any execution, attachment or other process is issued or action taken against any such officer or against his property,

his heirs, executors or administrators or the Official Assignee or the Bailiff of the High Court or other person executing the process or the party taking the action, shall upon demand made in writing by the trustees of the registered society or any two of them or any person authorised by the registered society to make the demand, pay the money and deliver over the property to the trustees of the registered society in preference to any other debt or claim against the estate of the office-bearer.

25 PART II PROVISIONS APPLICABLE TO MUTUAL BENEFIT SOCIETIES ONLY-25. Appointment of trustees.

(1) Every registered society shall have one or more trustees.

(2) No person shall be appointed a trustee of a registered society if he holds the office of the secretary or the treasurer of that registered society.

(3) A trustee shall be appointed at a meeting of the registered society and by a resolution of a majority of the members present and entitled to vote thereat.

(4) A registered society shall send to the Registrar a copy of every resolution appointing a trustee and such copy shall be signed by the trustee so appointed and by the secretary of the registered society.

26 PART II PROVISIONS APPLICABLE TO MUTUAL BENEFIT SOCIETIES ONLY-26. Audit.

(1) Every registered society shall once at least in every year submit its accounts for audit by an auditor approved generally or for any particular audit by the Registrar.

(2) The auditor shall have access to all the books and accounts of the registered society and shall examine the annual return required by this Act and verify such annual return with the accounts and vouchers relating thereto and shall either sign the annual return as found by him to be correct, duly vouched and in accordance with law and the rules of the registered society or specially report to the registered society in what respects he finds it incorrect, unvouched, or not in accordance with law.

27 PART II PROVISIONS APPLICABLE TO MUTUAL BENEFIT SOCIETIES ONLY-27. Calling for information and inspection of books and documents by the Registrar.

(1) Every registered society shall furnish the Registrar or Assistant Registrar with such information concerning the society as he may at any time require.

(2) Every registered society shall, if requested in writing by the Registrar or Assistant Registrar, produce for his inspection:

(a) the documents of title to any property held by the society;

(b) all books of account and membership register of the society; and

(c) any minutes of proceedings of the society or other written records of the society.

(3) The secretary of a registered society shall, on a notice being served on the society by the Registrar or Assistant Registrar, authorise in writing the Bank at which the society&s account is kept to disclose to the Registrar or Assistant Registrar the society&s account and documents incidental thereto.

28 PART II PROVISIONS APPLICABLE TO MUTUAL BENEFIT SOCIETIES ONLY-28. Right to supply of copies of the rules.

Every registered society shall deliver to any person on demand and on payment of a sum not exceeding five ringgit, a copy of the rules of the society.

[Am. Act A1027]

29 PART II PROVISIONS APPLICABLE TO MUTUAL BENEFIT SOCIETIES ONLY-29. Right to supply of copies of annual return.

Every registered society shall supply free of charge to every member or subscriber or person having an interest in its funds on his application either:

(a) a copy of the last annual return of the society; or

(b) a balance sheet or other document duly audited containing the same particulars as to the receipt and expenditure, funds and effects of the society as are contained in the annual return.

30 PART II PROVISIONS APPLICABLE TO MUTUAL BENEFIT SOCIETIES ONLY-30. Inspection of books by members.

A member or subscriber or person having an interest in the funds of a registered society may inspect the books of the society at all reasonable hours at the registered office of the society or at any place where the books are kept.

31 PART II PROVISIONS APPLICABLE TO MUTUAL BENEFIT SOCIETIES ONLY-31. Subscriptions and benefits.

(1) The amount deducted by a registered society for administration or any other expense shall not, except with the Registrar&s permission exceed such percentage of the total receipts from or such part of the subscriptions as may be prescribed by the Minister by regulations made under this Act.

[Am. Act A557]

(2) All subscriptions paid by members or subscribers during the period in which, under the rules of any registered society, such members or subscribers are qualifying for the benefits provided by the rules of the society less a sum not exceeding the prescribed percentage allowed for administration and any other expense shall be paid into the Bank Simpanan Nasional or placed on deposit with a bank of the Malaysia Exchange Banks Association in the name of the society or with the approval of the Registrar in the acquisition of immovable property and such funds shall constitute the reserve funds of the society.
32 PART II PROVISIONS APPLICABLE TO MUTUAL BENEFIT SOCIETIES ONLY-32. Rights, etc., of registered society not affected by change of name.

(1) Deleted by Act A1027.

(2) Where the name of a registered society is changed, such change shall not affect any right or obligation of the registered society or of any member thereof, and any legal proceeding may be continued by or against the trustees of the society or any officer who may sue or be sued on behalf of the society, notwithstanding such change of name.

33 PART II PROVISIONS APPLICABLE TO MUTUAL BENEFIT SOCIETIES ONLY-33. Deleted by Act A1027.

(Deleted by Act A1027:s.16)

34 PART II PROVISIONS APPLICABLE TO MUTUAL BENEFIT SOCIETIES ONLY-34. Deleted by Act A1027.

(Deleted by Act A1027:s.16)

35 PART II PROVISIONS APPLICABLE TO MUTUAL BENEFIT SOCIETIES ONLY-35. Inspectors and special meetings.

(1) Upon the application of one-tenth of the total number of members of a registered society or if on any information in his possession it appears to him expedient so to do, the Registrar may:

(a) appoint an inspector or inspectors to examine into and report on the affairs of the society; or

(b) call a special meeting of the society.

(2) The application made by members under this section shall be supported by evidence showing that the applicants have good reasons for requiring an inspection to be made or a special meeting to be called, and that they are not actuated by malicious motives in their application; and the Registrar shall cause a notice of such application to be given to the registered society.

(3) The Registrar may, if he thinks fit, require the applicants to give security for the costs of the proposed inspection or special meeting before appointing any inspector or
36 PART II PROVISIONS APPLICABLE TO MUTUAL BENEFIT SOCIETIES ONLY-36. Dissolution of registered societies.

A registered society may terminate or be dissolved in any of the following ways:

(a) upon the happening of any event declared by the rules to amount to termination of the society;

(b) by the consent of three-fourths of the members of the society testified by their signatures to an instrument of dissolution;

(c) by the Registrar cancelling the registration of the society under section 13 or dissolving it under section 37.

37 PART II PROVISIONS APPLICABLE TO MUTUAL BENEFIT SOCIETIES ONLY-37. Instrument of dissolution.

Where a registered society is terminated by an instrument of dissolution, the following provisions shall apply:

(a) the instrument shall set forth:

(i) the liabilities and assets of the registered society in detail;

(ii) the number of members and subscribers and the nature of their interest in the society; and

(iii) the intended appropriation or division of the funds and property of the society, unless the appropriation or division is stated in the instrument of dissolution to be left to the award of the Registrar;

(b) a statutory declaration made by one of the trustees or by three members and the secretary of the society that the provisions of this Act have been complied with shall be sent to the Registrar with the instrument of dissolutions;

(c) the instrument shall not direct or contain any provision for a division or appropriation of t
38 PART II PROVISIONS APPLICABLE TO MUTUAL BENEFIT SOCIETIES ONLY-38. Dissolution by Registrar.

(1) If it appears to the Registrar from any information in his possession that the funds of a registered society which has two thousand or more members are insufficient to meet existing claims thereon or that the rates of contributions fixed in the rules of the society are insufficient to cover the benefits assured, the Registrar may order the society to appoint an auditor or actuary to be approved by him to investigate the affairs or part of the affairs of the society, but the Registrar shall give not less than one month&s previous notice in writing to the society whose affairs are to be investigated.

(2) If upon investigation it appears to the Registrar that the funds of the society are insufficient to meet the existing claims thereon or that the rates of contributions fixed in the rules of the society are insufficient to cover the benefits assured, the Registrar may, if he considers it expedient so to do, order that the society shall be diss
39 PART II PROVISIONS APPLICABLE TO MUTUAL BENEFIT SOCIETIES ONLY-39. Notice of proceedings to set aside dissolution.

(1) Where a person takes any proceedings to set aside the dissolution of a registered society, he shall give notice of the proceedings to the Registrar not less than seven days before the proceedings are commenced.

(2) Where an order is made by the Court setting aside the dissolution of a registered society, the society shall give notice of the order to the Registrar within seven days after the order has been made.

40 PART II PROVISIONS APPLICABLE TO MUTUAL BENEFIT SOCIETIES ONLY-40. Decision of dispute.

(1) A dispute between:

(a) a member or subscriber or person claiming through a member or a subscriber or under the rules of a registered society and the society or an office-bearer thereof;and

[Am. P.U. (A) 357/80]

(b) any person aggrieved who has ceased to be a member of a registered society or any person claiming through such person aggrieved, and the society or an office-bearer thereof,

shall be decided in the manner directed by the rules of the registered society; and the decision so given shall be binding and conclusive on all parties without appeal, and shall not be removable to any court or restrainable by injunction; and application for the enforcement thereof may be made to a Sessions Court.

(2) The parties to a dispute involving a registered society may by consent refer the dispute to the Registrar.

(3) The Registrar to whom a d
41 PART III MISCELLANEOUS PROVISIONS APPLICABLE TO SOCIETIES GENERALLY-41. Unlawful Societies.

(1) For the purposes of this Act any of the following societies shall be an unlawful society, that is to say:

(a) a society or a branch thereof which has been declared unlawful by the Minister under section 5;

(b) a society or a branch thereof which is not registered under section 7;

(c) a branch of a registered society, where the branch was established in contravention of subsection (1) of section 12, or continues to exist in contravention of the proviso to subsection (3) of section 12;

(d) a society or a branch thereof which has had its registration cancelled under section 2A, 13, 14 or 16.

(2) Where a society is unlawful under subsection (1), or its registration is cancelled under this Act, every branch of the society shall immediately thereupon be unlawful and the approval of the Registrar for its establishment shall be deemed to be revoked, and w
42 PART III MISCELLANEOUS PROVISIONS APPLICABLE TO SOCIETIES GENERALLY-42. Penalties on office-bearer, etc., of an unlawful society.

Any office-bearer and any person managing or assisting in the management of any unlawful society shall be guilty of an offence and shall be liable, on conviction, to imprisonment for a term not exceeding five years or to a fine not exceeding fifteen thousand ringgit or to both.

[Am. Act A515; A1027]

43 PART III MISCELLANEOUS PROVISIONS APPLICABLE TO SOCIETIES GENERALLY-43. Penalties on member of unlawful society.

Any person who is or acts as a member of an unlawful society or attends a meeting of an unlawful society or who pays money or gives any aid to or for the purposes of an unlawful society shall be guilty of an offence and shall be liable, on conviction, to imprisonment for a term not exceeding three years or to a fine not exceeding five thousand ringgit or to both.

[Am. Act A515]

44 PART III MISCELLANEOUS PROVISIONS APPLICABLE TO SOCIETIES GENERALLY-44. Persons allowing unlawful society on premises.

Any person who knowingly allows a meeting of an unlawful society, or of members of an unlawful society, to be held in any house, building or place belonging to or occupied by him, or over which he has control, shall be guilty of an offence and shall be liable, on conviction, to imprisonment for a term not exceeding three years or to a fine not exceeding ten thousand ringgit or to both.

[Am. Act A515; A1027]

45 PART III MISCELLANEOUS PROVISIONS APPLICABLE TO SOCIETIES GENERALLY-45. Penalty for inciting, etc., a person to become a member of an.

(1) Any person who incites, induces or invites another person to become a member of, or to assist in the management of, an unlawful society shall be guilty of an offence and shall be liable, on conviction, to imprisonment for a term not exceeding four years or to a fine not exceeding fifteen thousand ringgit or to both.

[Am. Act A515; A1027]

(2) Any person who uses any violence, threat or intimidation towards any other person in order to induce him to become a member of or to assist in the management of an unlawful society shall be guilty of an offence and shall be liable, on conviction, to imprisonment for a term not exceeding five years or to a fine not exceeding fifteen thousand ringgit or to both.

[Am. Act A1027]

46 PART III MISCELLANEOUS PROVISIONS APPLICABLE TO SOCIETIES GENERALLY-46. Penalty for procuring subscription or aid for an unlawful.

Any person who procures or attempts to procure from any other person any subscription or aid for the purposes of an unlawful society shall be guilty of an offence and shall be liable, on conviction, to imprisonment for a term not exceeding three years or to a fine not exceeding ten thousand ringgit or to both.

[Am. Act A1027]

47 PART III MISCELLANEOUS PROVISIONS APPLICABLE TO SOCIETIES GENERALLY-47. Publishing, etc., propaganda of an unlawful society.

Any person who prints, publishes, displays, sells or exposes for sale, or transmits through the post or who, without lawful authority or excuse, has in his possession any placard, newspaper, book, circular, pictorial representation or any other document or writing whatsoever or which is issued or appears to be issued by or on behalf of or in the interests of an unlawful society shall be guilty of an offence and shall be liable, on conviction, to imprisonment for a term not exceeding two years or to a fine not exceeding five thousand ringgit or to both, and any books, periodicals, pamphlet, poster, proclamation, newspaper, letter or any other document or writing in respect of which such person shall have been convicted shall be forfeited.

[Am. Act A515; A1027]

48 PART III MISCELLANEOUS PROVISIONS APPLICABLE TO SOCIETIES GENERALLY-48. Acting on behalf of or representing an unlawful society.

(1) Any person who in any manner acts on behalf of, or represents, or assists, whether in a professional capacity or otherwise howsoever, any unlawful society, or any person who was an officebearer thereof as if he continues to be an office-bearer thereof, or any body which was the governing body of the society or of any branch thereof as if it continues to be such governing body, in relation to any matter, shall be guilty of an offence and shall be liable, on conviction, to imprisonment for a term not exceeding five years or to a fine not exceeding fifteen thousand ringgit or both.

[Ins. Act A700; A1027]

(2) Subsection (1) does not apply to an appeal by an unlawful society under section 18, or to any proceedings in any court in respect of any matter involving such society, or any person who was its office-bearer, or a body which was its governing body or the governing body of any branch thereof.

49 PART III MISCELLANEOUS PROVISIONS APPLICABLE TO SOCIETIES GENERALLY-49. Liability of office-bearer of a society whose registration has.

(1) If the registration of any society, other than a society which is a political party, has been cancelled under section 2A, or paragraph (b) or subparagraphs (i), (ii), (iii), (iv), (vii) or (ix) of paragraph (c) of subsection (1) of section 13, or under section 16, any office-bearer of such society at the time of such cancellation who after that time becomes or, after the expiry of thirty days from such cancellation continues to remain an office-bearer of any other society without the permission in writing of the Registrar shall be guilty of an offence and shall be liable, on conviction, to imprisonment for a term not exceeding five years or to a fine not exceeding fifteen thousand ringgit or to both.

[Am. Act A1027]

(2) Except where the registration of a society has been cancelled under section 2A or paragraph (b) of subsection (1) of section 13 the restriction imposed on an office-b
50 PART III MISCELLANEOUS PROVISIONS APPLICABLE TO SOCIETIES GENERALLY-50. Flags, symbols, emblems, badges or other insignia of societies.

(1) No society shall adopt as its own any flag, symbol, emblem, badge or other insignia unless such flag, symbol, emblem, badge or other insignia has been approved by the Registrar.

(2) The Registrar may specify the conditions under which such flag, symbol, emblem, badge or other insignia may be displayed.

[Am. Act A515]

(3) Any person or society who displays any flag, symbol, emblem, badge or other insignia which has not been approved by the Registrar or in contravention of any condition imposed by the Registrar shall be guilty of an offence and shall be liable, on conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding three thousand ringgit.

[Am. Act A1027]

51 PART III MISCELLANEOUS PROVISIONS APPLICABLE TO SOCIETIES GENERALLY-51. Liability of office-bearer in respect of offences by society.

(1) Where any offence punishable with a fine or imprisonment has been committed, whether or not any person has been convicted in respect thereof, and such offence has been committed or purports to have been committed by any society or in the name or on behalf of any society, every office-bearer of such society and every person managing or assisting in the management of such society at the time of the commission of such offence shall be deemed to be guilty of such offence and shall be liable to the punishment prescribed by law therefor, unless he establishes to the satisfaction of the Court that the offence was committed without his knowledge and that he had exercised all due diligence to prevent the commission of the offence.

[Am. Act A515]

(2) Any office-bearer and person managing or assisting in the management of such society shall be liable to be prosecuted under this section, notwithstanding that he may not ha
52 PART III MISCELLANEOUS PROVISIONS APPLICABLE TO SOCIETIES GENERALLY-52. Society using a Triad ritual to be deemed an unlawful society.

(1) Every society, whether it is registered or not, which uses a Triad ritual shall be deemed to be an unlawful society.

(2) For the purposes of subsection (1) a Triad ritual means any ritual commonly used by Triad Societies, any ritual closely resembling any such ritual and any part of such ritual.

[Am. Act A515]

(3) Any person who is or acts as a member of a Triad society or attends a meeting thereof or is found in possession of, or having the custody or control of any books, accounts, writing, lists of members, seals, banners or insignia of, or relating to, any Triad society whether such society is established in Malaysia or not, shall be guilty of an offence and shall be liable, on conviction, to imprisonment for a term not exceeding five years or to a fine not exceeding fifteen thousand ringgit.

[Am. Act A1027]

53 PART III MISCELLANEOUS PROVISIONS APPLICABLE TO SOCIETIES GENERALLY-53. Penalty for misuse of money or property of a registered society.

(1) Where, on complaint made by a member of a registered society, or by the Registrar it is shown to the satisfaction of a Sessions Court that any office-bearer or member of that society has in his possession or control any property of the society otherwise than in accordance with the rules of the society, or has unlawfully withheld or wilfully applied any money of the society to purposes other than those expressed or directed in the rules of the society and authorised by this Act, the Court shall, if it considers the justice of the case so requires, order such office-bearer or member to deliver all such property to the trustees of the society and to pay to them the money so unlawfully withheld or improperly applied.

[Am. Acts 45/66; A515]

(2) A complaint made under subsection (1) other than a complaint made by the Registrar shall not be entertained unless the Court is satisfied that the complainant is, on the dat
53A PART III MISCELLANEOUS PROVISIONS APPLICABLE TO SOCIETIES GENERALLY-53A. Penalty for displaying or using certificates of registration.

Any person who displays or uses any certificate of registration or copy thereof of a society whose registration has been cancelled with the knowledge that the certificate of registration has been cancelled shall be guilty of an offence and shall be liable, on conviction, to a fine not exceeding two thousand ringgit.

[Ins. Act A1027]

54 PART III MISCELLANEOUS PROVISIONS APPLICABLE TO SOCIETIES GENERALLY-54. Punishment of fraud, false declaration and misappropriation.

Any person who with intent to mislead or defraud gives to any person a copy of any rules, laws, regulations or other documents, other than the rules of a registered society, on the pretence that they are the existing rules of that society or that there are no other rules of the society or gives to any person a copy of any rules on the pretence that those rules are the rules of a registered society when the society is not registered, shall be guilty of an offence and shall be liable, on conviction, to a fine not exceeding five thousand ringgit or to a term of imprisonment not exceeding six months or to both.

[Am. Act A515; A1027]

54A PART III MISCELLANEOUS PROVISIONS APPLICABLE TO SOCIETIES GENERALLY-54A. Penalty for furnishing false information.

Any person who furnishes to the Registrar, Registrar, information or an assistant any or document required under this Act or regulations made thereunder which he either knows or has reason to believe is false shall be guilty of an offence and shall be liable, on conviction, to a fine not exceeding two thousand ringgit.

[Ins. Act A1027]

55 PART III MISCELLANEOUS PROVISIONS APPLICABLE TO SOCIETIES GENERALLY-55. Presumptions.

In any proceedings under this Act:

(a) where it is proved that a club, company, partnership or association is in existence, it shall be presumed that such club, company, partnership or association is a society within the meaning of this Act unless the contrary is proved;

(b) it shall not be necessary for the prosecution to prove that a society possesses a name or that it has been constituted or is usually known under a particular name;

(c) where it is alleged that a society is an unlawful society, the burden of proving that it is a registered society, or that it is not a local society, shall lie on the person charged.

56 PART III MISCELLANEOUS PROVISIONS APPLICABLE TO SOCIETIES GENERALLY-56. Presumption of membership, etc., of society.

(1) Where any books, accounts, writings, lists of members, seals, banners or insignia of, or relating to, or purporting to relate to, any society are found in the possession, custody or under the control of any person, it shall be presumed, until the contrary is proved, that such person is a member of such society, and such society shall be presumed, until the contrary is proved, to be in existence at the time such books, accounts, writing, lists of members, seals, banners or insignia are so found.

(2) Where any books, accounts, writings, lists of members, seals, banners or insignia of, or relating to, any society are found:

(a) in the possession, custody or under the control of any person, it shall be presumed, until the contrary is proved, that such person assists in the management of such society;

(b) concealed in any premises it shall be presumed, until the contrary is proved, that the same are
57 PART III MISCELLANEOUS PROVISIONS APPLICABLE TO SOCIETIES GENERALLY-57. Evidence.

(1) In any prosecution under this Act, it shall be no objection to the admissibility of expert evidence that the expert is not or has not been a member of any unlawful society.

(2) In any prosecution under this Act, the Court may refer, for the purposes of evidence, to any of the following books:

Thian Ti Hwui, the Hung-League or Heaven-Earth League, by G. Schlegel;

The Triad Society, by W. Stanton;

The Hung Society or the Society of Heaven and Earth, by J.S.M. Ward and W.G. Stirling;

Triad Societies in Hong Kong, by W.P.Morgan,

and to any other published books or articles on the subject of unlawful societies in general or of particular unlawful societies, which the Court may consider to be of authority on the subject to which they relate.

58 PART III MISCELLANEOUS PROVISIONS APPLICABLE TO SOCIETIES GENERALLY-58. Protection of informers.

Except as is hereinafter provided:

(a) no witness shall be obliged or permitted to disclose the name and address of any informer under this Act or to state any matter which might lead to his discovery; and

(b) if any books, documents or papers which are evidence or liable to inspection in any civil or criminal proceedings whatsoever under this Act contain any entry in which any informer is named or described or which might lead to his discovery, the Court or Magistrate shall cause all such passages to be concealed from view or to be obliterated so far as may be necessary to protect the informer from discovery but no further:

Provided that if in any criminal proceedings under this Act the Court after full inquiry into the case is satisfied that the strict enforcement of the provisions of this section would be likely to cause a miscarriage of justice, the Court may require the production of the origi
59 PART III MISCELLANEOUS PROVISIONS APPLICABLE TO SOCIETIES GENERALLY-59. Forfeiture.

Any books, accounts, writings, banners, insignia or other property belonging to any unlawful society shall, upon order of a President of a Sessions Court or a Magistrate, be forfeited and given to the Registrar or to an Assistant Registrar for disposal in such manner as he may see fit.

60 PART III MISCELLANEOUS PROVISIONS APPLICABLE TO SOCIETIES GENERALLY-60. Certain offences non-bailable and registrable.

Every offence against the provisions of sections 9A, 13A and sections 42 to 49 inclusive and section 52 shall be deemed to be seizeable and non-bailable under the law relating to criminal procedure and shall also be deemed to be registrable under the law relating to registration of criminals.

[Am. Act A1027]

61 PART III MISCELLANEOUS PROVISIONS APPLICABLE TO SOCIETIES GENERALLY-61. Consent to prosecution.

(1) Except in the case of persons charged under the provisions of sections 13A, 45 and 52 and of persons arrested under the provisions of section 65 and section 66(5), a prosecution under this Act shall not be instituted except by or with the consent of the Public Prosecutor:

Provided that a person charged with such an offence may be arrested, or a warrant for his arrest may be issued and executed, and any such person may be remanded in custody or on bail, notwithstanding that the consent of the Public Prosecutor to the institution of a prosecution for the offence has not been obtained, but the case shall not be further prosecuted until that consent has been obtained.

[Am. Act A1027]

(2) When a person is brought before a Court under this section before the Public Prosecutor has consented to the prosecution the charge shall be explained to him but he shall not be called upon to plead, and the provisions of
62 PART III MISCELLANEOUS PROVISIONS APPLICABLE TO SOCIETIES GENERALLY-62. Service of summons.

Every summons, notice or other document issued under this Act, or under any regulations made hereunder, shall be deemed to have been validly and effectually served, if served on or left with the person intended to be served or, in case he cannot be found, if left at his last known place of business or abode, by any person authorised in that behalf by the Registrar or, in the case of service of a notice or order on the society, by sending such notice or order by registered post to the registered address of such society.

63 PART III MISCELLANEOUS PROVISIONS APPLICABLE TO SOCIETIES GENERALLY-63. Power of entry and inspection of records.

The Registrar, an Assistant Registrar or a Registration Officer may, if he has reason to believe that any society is carrying on activities in contravention of any provision of this Act or any regulations made thereunder or any of its rules, and after giving notice to any office-bearer, enter into any place which he has reason to believe is kept or used by any registered society or any of its members as a place of meeting or place of business, and may search such place and inspect all books, accounts, minutes of meetings and other documents kept by the society.

[Sub. Act A557]

64 PART III MISCELLANEOUS PROVISIONS APPLICABLE TO SOCIETIES GENERALLY-64. Power of entry, search and seizure by Registrar or Assistant.

(1) The Registrar or an Assistant Registrar, or any other officer appointed under subsection (1A) of section 3 and duly authorised in writing by the Registrar or Assistant Registrar who has reason to believe that any registered society is being used for purposes prejudicial to public peace, welfare, good order or morality in Malaysia, may enter, with or without assistance and using force for that purpose, if necessary, into any place which he has reason to believe is used as the place of meeting or place of business of such society, and may search such place and any person found therein or escaping therefrom for evidence that such society is being used for such purpose as aforesaid.

[Am. Act A1027]

(2) The Registrar, or Assistant Registrar, or any other officer, entering into any place under subsection (1), may seize and detain any books, accounts, writings, lists of members, banners, seals, insignia, arms or othe
65 PART III MISCELLANEOUS PROVISIONS APPLICABLE TO SOCIETIES GENERALLY-65. Power of entry and search.

(1) Any police officer of or above the rank of Inspector may, with or without assistance, using force, if necessary, enter into any dwelling-house or other building, or into any place in which he has reason to believe that a meeting of any unlawful society, or of persons who are members of an unlawful society, is being held, or that any books, accounts, writings, lists of members, banners, seals, insignia, arms or other articles belonging to any unlawful society are concealed, kept or deposited, and arrest or cause to be arrested all persons found in such house and search such house, building or place, and seize or cause to be seized all books, accounts, writings, banners, lists of members, seals, insignia, arms and other articles which he has reasonable cause to believe to belong to any unlawful society or to be in any way connected therewith.

(2) All persons so arrested and all articles so seized may be detained in custody and brought before
66 PART III MISCELLANEOUS PROVISIONS APPLICABLE TO SOCIETIES GENERALLY-66. Power of Registrar or Assistant Registrar to summon witnesses.

(1) The Registrar or an Assistant Registrar may summon before him any person who he has reason to believe to be able to give any information as to the existence or operations of any unlawful society, or suspected unlawful society, or as to the operations of any registered society.

(2) The person so summoned shall attend at the hour and place in the summons specified, and produce all documents in his custody, possession or power relating to such society or suspected society, and answer truthfully all questions which the Registrar or an Assistant Registrar may put to him.

(3) The Registrar and every Assistant Registrar may administer oaths to and examine on oath any person summoned before him under this section.

(4) If any person summoned by the Registrar or an Assistant Registrar under this section shall without lawful excuse fail to comply with any obligation imposed upon him by subsection (2) or shall give information which the
67 PART III MISCELLANEOUS PROVISIONS APPLICABLE TO SOCIETIES GENERALLY-67. Regulations.

(1) The Minister may make regulations for the purpose of carrying into effect the provisions of this Act.

[Am. Act A515; A557]

(2) In particular and without prejudice to the generality of the powers conferred by subsection (1), the Minister may make regulations for or in respect of all or any of the following matters:

(a) prescribing the manner of registration of societies under this Act;

(b) prohibiting the use of illegal or undesirable badges and insignia by registered societies;

(c) prescribing the forms which may be used for carrying out the provisions of this Act;

(d) prescribing information to be furnished to the Registrar;

(e) prescribing the fees which may be levied under this Act;

(f) prescribing anything which may be prescribed under this Act;

(g) prescribing the percentage
68 PART III MISCELLANEOUS PROVISIONS APPLICABLE TO SOCIETIES GENERALLY-68. Repeal.

(1) The Societies Ordinance 1949 of the States of Malaya, the Societies Ordinance 1957 of Sarawak and the Societies Ordinance 1961 of Sabah are repealed:

Provided that any society, other than a mutual benefit society, if already registered or exempted from registration under the provisions of the Ordinances hereby repealed shall, subject to subsection (2), be deemed to be a registered society under the provisions of this Act.

(2) Any society, other than a mutual benefit society, registered or exempted from registration under the provisions of the Ordinances referred to in subsection (1), shall within six months from the date of commencement of this Act or such extended period, not being more than three months, as the Registrar may allow, alter its constitution or rules to contain provisions for all matters set out in Schedule I to this Act.

69 PART III MISCELLANEOUS PROVISIONS APPLICABLE TO SOCIETIES GENERALLY-69. Transitional provisions applicable to mutual benefit societies.

(1) Notwithstanding the repeal of the Ordinances mentioned in the preceding section, every mutual benefit society registered under any of those Ordinances shall, during the period of ninety days following the date of coming into force of this Act, be deemed to be registered under this Act and shall during the aforesaid period apply to the Registrar for registration under sections 6 and 7 in a manner provided under subsection (2) hereunder; and no such mutual benefit society shall be registered unless the Registrar is satisfied that it complies with the provisions of this Act.

(2) The application for registration referred to in subsection (1) above shall be accompanied by a general statement of the assets and liabilities of such mutual benefit society prepared in such form and containing such particulars as the Registrar may require, and, if the Registrar shall so require, by a copy of the rules of such mutual benefit society. Such application s
70 PART III MISCELLANEOUS PROVISIONS APPLICABLE TO SOCIETIES GENERALLY-70. Power to exempt.

The Minister may at his discretion in writing exempt any society registered under this Act from all or any of the provisions of this Act.