SOCIETIES ACT 1966 (REVISED - 2021)

Societies LAWS OF MALAYSIA Act 832 SOCIETIES ACT 1966 (Revised—2021) REVISED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 2021 1 2 Act 832 Laws of Malaysia SOCIETIES ACT 1966 Revised up to … … Date of publication in the Gazette of this revised edition … … 14 November 2021 … … 15 November 2021 Date appointed for coming into operation of this revised edition pursuant to paragraph 6(1)(xxiii) of the Revision of Laws Act 1968 [Act 1] … … … 1 December 2021 First enacted in 1966 as Act of Parliament No. 13 of 1966 Previous Revision First Revision … … … 1987 (Act 335 w.e.f. 19 October 1987) Societies 3 LAWS OF MALAYSIA Act 832 SOCIETIES ACT 1966 ARRANGEMENT OF SECTIONS PART I PROVISIONS APPLICABLE TO SOCIETIES GENERALLY Section 1. Short title and application 2. Interpretation 2A. Registered societies to act in fulfilment of the Constitution 3. Appointment of Registrar, Deputy Registrars and other officers 3A. Powers of Registrar 3B. Power of delegation 4. Societies deemed to be established in Malaysia 5. Power of the Minister to declare a society unlawful 6. Application for registration 6A. Power of Registrar to make inquiries, etc., in relation to any application under this Act 7. Registration and refusal to register 8. Certificate of registration 8A. Liability of registered society in respect of contracts entered into by a branch 9. Provisions applicable to registered societies 9A. Disqualifications applicable to office-bearers, advisers and employees of registered societies 10. Inspection of documents and evidentiary value of copies certified by Registrar 11. Change of name, place of business and rules of society 4 Laws of Malaysia Act 832 Section 12. Branch of a society 13. Cancellation and suspension 13A. Power of Registrar to make certain orders in respect of registered societies 14. Information to be furnished by societies, etc. 15. Persons responsible for supplying information 16. Disputes 17. Consequences 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 this Act 17A. Application of section 17 to unlawful branch 17B. Vesting in a new registered society of property of a society whose registration has been cancelled 18. Appeals PART IA PROVISIONS APPLICABLE TO POLITICAL PARTIES ONLY 18A. Application of Parts I and III 18B. Circumstances which do not make an election invalid 18C. Decision of political party to be final and conclusive PART II PROVISIONS APPLICABLE TO MUTUAL BENEFIT SOCIETIES ONLY 19. Application of Parts I and III 20. Saving 21. Restrictions on registration of mutual benefit societies 22. Membership of minors 23. Restriction on nominees 24. Priority on death, bankruptcy, etc., of office-bearers 25. Appointment of trustees 26. Audit 27. Calling for information and inspection of books and documents by the Registrar Societies 5 Section 28. Right to supply of copies of the rules 29. Right to supply of copies of annual return 30. Inspection of books by members 31. Subscriptions and benefits 32. Rights, etc., of registered society not affected by change of name 33–34. (Deleted) 35. Inspectors and special meetings 36. Dissolution of registered societies 37. Instrument of dissolution 38. Dissolution by Registrar 39. Notice of proceedings to set aside dissolution 40. Decision of disputes PART III MISCELLANEOUS PROVISIONS APPLICABLE TO SOCIETIES GENERALLY 41. Unlawful societies 42. Penalty on office-bearer, etc., of an unlawful society 43. Penalty on member of unlawful society 44. Person allowing unlawful society on premises 45. Penalty for inciting, etc., a person to become a member of an unlawful society 46. Penalty for procuring subscription or aid for an unlawful society 47. Publishing, etc., propaganda of an unlawful society 48. Acting on behalf of or representing an unlawful society 49. Liability of office-bearer of a society whose registration has been cancelled 50. Flags, symbols, emblems, badges or other insignia of societies 51. Liability of office-bearer in respect of offences by society 52. Society using a triad ritual to be deemed an unlawful society 53. Penalty for misuse of money or property of a registered society 53A. Penalty for displaying or using certificate of registration which has been cancelled 54. Punishment of fraud, false declaration and misappropriation 6 Laws of Malaysia Act 832 Section 54A. Penalty for furnishing false information 55. Presumptions 56. Presumption of membership, etc., of society 57. Expert evidence 58. Protection of informers 59. Forfeiture 60. Certain non-bailable and registrable offences 61. Consent to prosecution 62. Service of summons 63. Power of entry and inspection of records 64. Power of entry, search and seizure by Registrar or Assistant Registrar in special cases 65. Power of entry and search 66. Power of Registrar or Assistant Registrar to summon witnesses 67. Regulations 68. Repeal 69. (Omitted) 70. Power to exempt FIRST SCHEDULE SECOND SCHEDULE Societies 7 LAWS OF MALAYSIA Act 832 SOCIETIES ACT 1966 An Act relating to registration of societies. [1 February 1966, P.U. 24/1966] PART I PROVISIONS APPLICABLE TO SOCIETIES GENERALLY Short title and application 1. (1) This Act may be cited as the Societies Act 1966. (2) This Act applies throughout Malaysia. Interpretation 2. 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 organized and established in Malaysia or having its headquarters or principal place of business in Malaysia, and includes any society deemed to be established in Malaysia by virtue of section 4; “Minister” means the Minister charged with responsibility for the registration of societies; 8 Laws of Malaysia Act 832 “mutual benefit society” means any society which by its objects and rules either as the principal object or as an ancillary object makes provisions by voluntary subscriptions of the members of the society or subscribers to the society with or without the aid of donations for— (a) the relief or maintenance of the members or subscribers, their husbands, wives, children, fathers, mothers, brothers, sisters, nephews, nieces or wards, during sickness or other infirmity, whether bodily or mental, in old age or in widowhood or for the relief or maintenance of the orphan children of members or subscribers during minority; (b) the payment of money on the birth of a member’s or subscriber’s child or on the death of a member or subscriber or of the child, husband, wife, parent or grandparent of a member or subscriber or on the death of any other person or for the funeral expenses of the member or subscriber or of the child, husband, or wife of a member or subscriber or of the widow of a deceased member or subscriber; or (c) the relief or maintenance of the members or subscribers when unemployed or when in distressed circumstances; “office-bearer”, in relation to a society, means any person who is the president, vice-president, secretary or treasurer of such society or any branch of the society, or who is a member of the committee or governing body of the society, or of any branch of the society or who holds in such society or any branch of such society any office or position analogous to any of those mentioned above; “political party” means— (a) any society which by any of its objects or rules, regardless whether such object or rule is its principal object or rule, or constitutes merely an object or rule which is ancillary to its principal object or objects or to its principal rule or rules, makes provision for the society to participate, through its candidates, in elections to the Dewan Rakyat, or to a Dewan Undangan Negeri, or to a local authority, or makes provision for it to seek the appointment or election of a person proposed or supported by it to the Dewan Negara; or Societies 9 (b) any society which, notwithstanding anything contained in its objects or rules, carries on any activity or pursues any objective which involves its participation, through its candidates, in elections to the Dewan Rakyat, or to a Dewan Undangan Negeri, or to a local authority, or which involves it seeking the appointment or election of a person proposed or supported by it to the Dewan Negara; “registered society” means any society for the time being registered under section 7; “Registrar” means the Registrar of Societies appointed under section 3 and includes any Deputy Registrar of Societies appointed under the same section; “society” includes any club, company, partnership, or association of seven or more persons whatever its nature or object, whether temporary or permanent, but does not include— (a) any company registered under the provisions of any written law relating to companies for the time being in force in Malaysia; (b) any company or association constituted under any written law; (c) any trade union registered or required to be registered under the provisions of any written law relating to trade unions for the time being in force in Malaysia; (d) any company, association or partnership formed for the sole purpose of carrying on any lawful business that has for its object the acquisition of gain by the company, association or partnership, or by the individual members of the company, association or partnership; (e) any co-operative society, registered as such, under any written law; (f) any organization or association in respect of which there is for the time being in force a certificate (which may be granted, refused or cancelled at his discretion) by a person or authority appointed under the provisions 10 Laws of Malaysia Act 832 of the written law for the time being in force relating to the registration of schools that such organization or association forms part of the curriculum of a school; or (g) any school, management committee of a school, parents association or parents and teachers association registered or exempted from registration under any law for the time being in force regulating schools; “subscription” means a subscription paid by a member or subscriber to a mutual benefit society and where a mutual benefit society carries on activities other than those of a mutual benefit society means the subscription paid by the member or subscriber for the purpose of obtaining the benefits provided by the rules of the society. Registered societies to act in fulfilment of the Constitution 2A. (1) 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— (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 Negeri; (b) the position of Islam as the religion of Malaysia, with other religions being practised in peace and harmony; (c) the use of the national language for official purposes; (d) the position of the Malays and of the natives of the States of Sabah and Sarawak; (e) the legitimate interests of the other communities, Societies 11 as provided under the Federal Constitution or any of the State Constitutions, the Registrar may cancel the registration o