It is in the public interest that societies are properly established and managed — Hafiz Hassan

SEPTEMBER 24 — The Registrar of Societies has wide powers to cancel and suspend a society registered under the Societies Act 1996 (Act 832).

On cancellation, the Registrar may cancel the registration of any registered society in the cases listed in Section 13(1)(c). There are nine instances: paragraphs (i)-(ix), including —

> that the registered society has wilfully contravened any provisions of this Act or of any regulations made under the Act; or

> that the registered society has failed to comply with the notice served by the Registrar under Section 16(1).

Section 16(1) states that 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 office-bearers 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.

The Registrar of Societies has broad authority under the Societies Act 1996 (Act 832) to suspend or revoke the registration of a registered society. Under Section 13(1)(c), the Registrar may cancel a society’s registration in circumstances specified by the provision. — Logo from Facebook/JPPM

Where the Registrar proposes to cancel the registration of any registered society under Section 13(1)(c), the Registrar shall — 

(a) notify one or more of the office-bearers of the society of his intention to cancel the registration of that society; and

(b) give him or them an opportunity to submit reasons in writing within thirty days from the date of the notification why the registration should not be cancelled.

On suspension, the Registrar may by order in writing suspend all or any of the activities of the registered society —

(a) where he thinks it necessary to do so in the public interest or in the interest of the registered society; or

(b) in order to restrain the registered society from further infringing or violating any provision of the Act, any regulations made under the Act or any rules of the society.

An order made by the Registrar may contain such conditions as the Registrar deems necessary or expedient and shall continue in force until the order is revoked or the registration of the society is cancelled.

It is an offence not to comply with the suspension order made by the Registrar.

The Registrar has further powers under Section 13A to make certain orders in respect of registered societies such as making an order in writing requiring the registered society, within the time specified in the order, to amend its rules or constitution so as to —

(a) have the same conform to, or be consistent and in accordance with the provisions of the Act or any regulations made under the Act;

(b) remove any ambiguity or vagueness, or provide for greater clarity and preciseness of meaning in any provision; or

(c) provide for any other matter which the Registrar may deem necessary, reasonable or expedient to require.

Before making such an order, the Registrar must give the registered society an opportunity to make representations to him.

Where the Registrar makes such order, he may include in that order, or make or give at any time after making that order, any consequential or ancillary requirements or directions in relation to such order as he may deem necessary or expedient to make or give.

It is an offence to contravene any order, requirement or direction made or given by the Registrar.

The above are but statutory powers enforceable to ensure compliance with the Act, which in turn serve not just the interest of registered societies and their members, but public interest as well.

It is in the public interest that societies are properly established and managed.

That includes political parties.

* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.