Malaysia legislation
Section 11
Section 11
The following provisions shall apply to registered youth societies:
(a)
the movable property of any youth society, if not vested in trustees, shall be deemed to be vested for the time being in the governing body of the youth society, and may, in all civil and criminal proceedings, be described as the property of the governing body of the youth society by its proper title if known;
(b)
the immovable property of any youth 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 youth 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 youth society, whose appointments are authenticated by a certificate of the Registrar, and sealed with the seal of the youth society;
(c)
a youth 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 youth 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 youth society to sue the youth society in the name of any office-bearer of the youth society;
(d)
no suit or proceedings by or against any youth 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 whereof 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;
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Act 668
(e)
(i)
no judgment in any such suit against any youth society shall be put into force against the person or property of the person sued but against the property of the youth society;
(ii)
the application for execution 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 youth society, and shall require to have the judgment enforced against the property of the youth society;
(f)
any member who—
(i)
fails to pay a subscription which, according to the rules of the youth society to which he belongs, he is bound to pay;
(ii)
owes money to the youth society;
(iii)
contrary to the rules of the youth society, takes possession of or detains, any property thereof;
or
(iv)
injures or destroys any property thereof, may be sued for that subscription or money or for the damage accruing from that wrongful possession, detention, injury or destruction of property:
Provided that if the defendant is successful in that suit and is awarded costs, he may elect to recover them from the officer in whose name the suit was brought or from the youth society and, in the latter case, may have execution against the property of the youth society;
(g)
any member who—
(i)
commits theft of, or dishonestly misappropriates or converts to his own use, any money or other property;
(ii)
wilfully and maliciously destroys or injures any property of the youth society; or
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Youth Societies and Youth Development
(iii)
forges any deed, bond, security for money, receipt or other instrument whereby the funds of the youth society may be exposed to loss, shall be liable to be prosecuted and punished as if he were not a member; and
(h)
in the absence of specific provision in the rules of a youth society, any number not less than three fifths of the members of any such youth society for the time being resident in Malaysia may determine that such youth 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 youth society, its claims and liabilities, according to the rules, if any, of the said youth society applicable thereto and if none, then as the governing body shall direct:
Provided that if any dispute shall arise among the members of the said governing body or the members of such youth society under paragraph (h), such dispute shall be resolved in accordance to sections 28 and 29.
Head of youth societies