Section 9

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 may, in all civil and criminal proceedings, be described as the property of the governing body of the society by its proper title if known;

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 seal of the society;

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a society may sue or be sued in the name of such one of its members as shall be declared to the Registrar and registered by him as the public officer of the society for that purpose, and, if no such person is registered, it shall be competent for any person having a claim or demand against the society to sue the society in the name of any office-bearer of the society;

no suit or proceedings by or against a registered society in any civil court shall abate or discontinue by reason of the person, by or against whom the suit or proceedings has been brought or continued, dying or ceasing to fill the character in the name by which he has sued or been sued, but the same suit or proceedings shall be continued in the name of, or against the successor of that person;

no judgment in any such suit against a registered society shall be put into force against the person or property of the person sued but against the property of the society;

(ea) the application for execution of a judgment shall set forth the judgment, the fact of the party against whom it has been recovered having sued or having been sued, as the case may be, on behalf of the society, and shall require to have the judgment enforced against the property of the society;

any member who—

fails to pay a subscription which, according to the rules of the society to which he belongs, he is bound to pay;

any member who—

commits theft of, or dishonestly misappropriates or converts to his own use, any money or other property of the society;

in the absence of specific provision in the rules of a society, any number not less than three-fifths of the members of any such society for the time being resident in Malaysia may determine that such society shall be dissolved forthwith or at a time agreed, and all necessary steps shall be taken for the disposal and settlement of the property of such society, its claims and liabilities, according to the rules, if any, of the said society applicable thereto and if none, then as the governing body shall direct:

Provided that if any dispute arises among the members of the governing body or the members of such society under paragraph (h), such dispute may be decided by the Registrar; and any person aggrieved by any decision of the Registrar under this paragraph may within thirty days from the date of such decision appeal to the Court.

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Disqualifications applicable to office-bearers, advisers and employees of registered societies 9A.  (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—

if he has been convicted of any offence against this Act;

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;

if there is in force against him any order of detention, restriction, supervision 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 or immigration;

if he is an undischarged bankrupt; or

if he is and has been found or declared to be of unsound mind.

The disqualification of a person under paragraph (1)(b)

shall cease at the end of the period of five years beginning with the date on which the person convicted was released from custody or the date on which the fine mentioned was imposed, as the case may be.

Where the Registrar, by notice under his hand notifies a society that any office-bearer, adviser or employee of a society has become disqualified under subsection (1), the society shall immediately give effect to such disqualification.

Any person who is subject to any disqualification under paragraph (1)(a), (b) or (c) may apply to the Registrar to be exempted from the application of such disqualification, and the

Registrar may, if he deems it is proper to do so, grant him such exemption for such period as the Registrar may specify and subject to such limitations, restrictions, terms or conditions as he may decide to impose.

20

Act 832

(Deleted by Act A557).

Any person who contravenes any provision of subsection (1)

or any limitation, restriction, term or condition imposed under subsection (4) commits an offence and shall, on conviction, be liable to imprisonment for a term not exceeding three years or to a fine not exceeding ten thousand ringgit or to both.

For the purposes of subsection (1), “office-bearer” includes—