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Sunday, May 22, 2011

Pendaftar Pertubuhan Mahu Batalkan PKR

SOCIETIES ACT 1966 (REVISED 1987)
ACT 335

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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 registered;

(iv) that the society has wilfully contravened any provision of this Act or of any regulation made thereunder or of any of its rules or that any members of the society have habitually contravened the provision of section 4(1) of the Sedition Act 1948 by any acts or utterances to which section 3(1)(f) of that Act applies;

(v) that the society has ceased to exist;

[Am. Act A1027]

(vi) that the society has failed to comply with an order made by him under section 13A;

[Am. Act A1027]

(vii) that the society has failed to comply with the provisions of section 2A;

[Am. Act A1027]

(viii) that the society has contravened the provisions of section 52; or

[Am. Act A1027]

(ix) that the society has failed to comply with the notice served by him under subsection (1) of section 16; and

[Ins. Act A1027]

(d) upon the society becoming unlawful under section 14(7) for failure to furnish written information.

(2) Where the Registrar proposes to cancel the registration of any registered society under paragraph (c) of subsection (1) the Registrar-

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

(b) shall 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.

[Subs. Act A1027]

(2A) The Registrar may, during the period specified in paragraph (b) of subsection (2), by order in writing suspend all or any of the activities of the registered society-

(a) where he thinks it necessary to do so-

(i) in the public interest; or

(ii) in the interest of the registered society; or

(b) in order to restrain the registered society from further infringing or violating any provision of this Act, any regulation made thereunder or any rule of the society.

[Ins. Act A1027]

(2B) An order made under subsection (2A)-

(a) may contain such conditions as the Registrar deems necessary or expedient; and

(b) shall continue in force until the order is revoked or the registration of the society is cancelled.

[Ins. Act A1027]

(2C) An office-bearer or any person managing or assisting in the management of a society who fails to comply with an order made under subsection (2A) shall be guilty of an offence and shall be liable, on conviction, to a fine not exceeding five thousand ringgit, and where the offence is a continuing one, shall, in addition, be liable to a daily fine not exceeding five hundred ringgit for each day after the first day during which the offence continues.

[Ins. Act A1027]

(3) Where the Registrar cancels the registration of a registered society under this section or under any other provision of this Act, the provisions of section 17 shall apply to that registered society and such cancellation shall be published in the Gazette.

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