This Ordinance may be cited as the Co-operative Short title. Societies Ordinance, 1948.
Act 287
Co-operative Short title
This legislation has been repealed. Do not cite it as law in force.
Text recovered by OCR from a scanned copy — section numbers and wording may be wrong. Check the official PDF on lom.agc.gov.my before citing.
An Ordinance to provide for the constitution and control of Co-operatite Societies. [18th December, 1948.] advice and consent of the Legislative Council as follows : BART I. PRELIMINARY. 1. This Ordinance may be cited as the Co-operative Short title. Societies Ordinance, 1948. 2. In this Ordinance unless the context otherwise Interpro- requires- "bonus" means a share of the profits of a registered society divided among its members in proportion t the volume of business done with the society by them from which the profits of the society were derived; (mb 4 A3277).
Data synced
SectionsClick a number to jump; hover to preview the headingTap a number to jump to that section
In this Ordinance unless the context otherwise Interprorequires- "bonus" means a share of the profits of a registered society divided among its members in proportion t the volume of business done with the society by them from which the profits of the society were derived; (mb 4 A3277).
No. 33 OF 1948. "by-laws" means the registered by-laws made by society in the exereise of any power conferred by this Ordinance, and includes a registered amendment of the by-laws; "Committee" means the governing body of cegistered society to whom the management of its affairs is entrusted; "dividend" means a share of the profits of society divided amongst its members in proportion to the share capital held by them; "member" includes a person or registered society joining in the application for the registration of society, and a person or regisiered society admitted to membership after registration in accordance with the "officer" includes a Chairman, Secretary, Ireasurei, member of Committee or other person empowered under the rules or the by-laws to give 817/66 (.4-66) >direction s if regard to the business of the society; "registered society" means a co-operative society registered under this Ordinance; "Registrar" means the Registrar of Co-operative Societies appointed under section 3 of this Ordinance, (813-1-7340/7) and includes any person when exercising such powers of the Registrar as may have been conferred upon him under that section; "rules" means rules made under this Ordinance. A YT PART II. hts 25015 Yana di PRDGISTRATION Appointment of Registrar and Assistants. Federation of Malaya and may appoint persons tc assist such Registrar, and may, by general'or special (si1.43345) order published in the Gazctte, confer on any such persons all or any of the powvers of a Registrar under 36/55 this Ordinance.
Subject to the próvisions hereinafter contained a society which has as its object the promotion of the economic interests of its members in accordance wit} isula: 271)-341767 co-operative principles, or a society established with
Josited by any a fixed deposit other deposit = or a subscriple profits of a its members in ription capital or registered or the registraor registered ter registration ›y-laws; larged with the elopment; ecretary, Treaa Board and red by the rules regard to the e of the profits ng its members business done tich the profits perative society the Registrarties . appointed Registrar when gistrar-General him under that this Ordinance; ihare capital of Y a member in gistered society; contributed at 1 respect of his Y; ny in which a nposition of the f'of the holding se issued share .ve the meaning es Act, 1965.4 CO-OPERATIVE SOCIETIES. the object of Iacuitating the operations ot such society, may be registerec under this Ordinance with or without limited liabiity as the Registrar decide: Cad.4A.334 Provided' that the liability of a society which includes at least one registered society among its members shall be limited.]
(1) No society, other than a society of which a Conditions member is a registered society, shall be registered of registra. Leade ent porsons eae, wot oh dos intactfed under ene lunded section 21 for membership under this Ordinance.
(2) The word "co-operative" or its vernacular (9-7-33476, equivalent shall form part of the name of every society registered under this Ordinance.
(3) The word "limited" or its vernacular equivalent shall be the last word in the name of every society with limited liability registered under this Ordinance.
(4) When for the purposes of this section any question arises as to age, residenee-or-oceupation of 09/44-334/26) land constituting the qualification of any person, that question shall be decided by the Registrar whose
(1) For the purposes of registration an applica- Application tion shall be made to the kegistrat. for registra
(2) The application shall be signed-
(a) in the case of a society of which no member Is a registered society, by at least ten persons qualified in•accordance with the requirements of sub-section (1) of section 5; ed19334/76)
(6) in the case of a sociéty of which a member is a registered society, by a duly authorised person on behali of every such registered society, and, where all the members of the society are not registered societies, by ten other members, or, when there are less than ten other members, by all of them. (916-40-394176)
(3) The application shall be accompanied by copies of the proposed by-laws of the society, and the persons by whom or on whose behalf such application is made shall furnish such information in regard to the society as the Registrar may require.
L.N 332,58 Repeal. P.4(A)10/71. A Registration. (9149334176) An. A17/66 (1.4.66) Societies to be bodies corporate. Evidence of registration. No. 33 OF 1948.
If the Registrar is satisfied that a society has complied with the provisions of this Ordinance and the rules, and that its proposed by-laws are not.id. contrary to this Ordinance or to the rules, he may, tm if he-thinks-fit) register the society and its by-laws. An appeal shall lie to the tmet-Seeretary against the ( tam. refusal of the Registrar to register any society within L-r
The registration of a society shall render it a body cor porate the name under which it registerea, with perpetal succession and a common seal, and with power to hold movable and immovable property of every description, to enter into contracts,. to institute and detend suits and other legal proceed- Ings ana to do all things necessary for the purposes • of its constitution.
A certificate of registration signed by Registrar shall be conclusive evidence that the society therein mentioned is duly registered, unless it is proved that the registration of the society has been cancelled. PART III. DUTIES AND PRIVILEGES OF SOCIETIES. Amendment of the bylaws society.
(2) No amendment of the by-laws of a registered society shall be valid until that amendment has been regstered under this Urdinance, for which purpose copies of the amendment shall be forwarded to the Registrar.
(3) If the Registrar is satisfied that any amendment of the by-laws is not contrary • to this Ordinance or (d4-7-334176) ) to the. rules, he may/-t-he thinks-fit; register the amendment. An appeal against the refusal of the Shaitra too repiater ao megiment o ay bylan from the date of such refusal.
(4) An amendment which changes the name of a society shall not affect any right or obligation of the society or of any of its members or past members, and any legal proceedings pending may be continued by or against the society under its new name.
iociety has nance and are not inse i i, he may, fimma is by-laws. igainst the (t.d ety within Hom ender it a lich it is a common immovable contracts, al proceede purposes d by the the society iless it is r has been TIES. ect to this . including society. t has been h purpose led to the umendment Jinance or gister the sal of the uny by-law iee months name of a ion of the nbers, and itinued by - é Am CO-OPERATIVE SOCIETIES.
(5) When the Registrar registers an amendment of the by-laws oi a registered society, he shall issue to the society a copy of the amendment certified by him, which shall be conclusive evidence of the fact that the amendment has been duly registered.
(6) In this/-seetion- "amendment" includes the kPart making of a new by-law and the variation or recission(A A-334/76) of a by-law
Every registered society shall have an address, (+419-414-374176 registered in accordance with the rules, to which all notices and communications may be sent, and shall send to the Registrar notice of every change of that and last addrgss. anitiredacco.nnt
Every registered society shall keep a copy of дopy30/t6). this Ordinance and of the rules and of its by-laws/ Urdnance, and a list of its members open to inspection, free of laws, etc., charge, at all reasonable times at the registered address of the society. open to inspection. 12A
(1) A registered society which has as one of its Disposál CA-13547615 objects the disposal of any article produced or obtained produce to or through by the work or industry of its members, whether the a registered produce of agriculture, animal husbandry, forestry society. lisheries, handicrafts or otherwise, may provide in its by-laws or may otherwise contract with its members—
(a) that every such member who produces any such article shall dispose of the whole or any specified amount, proportion or description thereof to or through the society;
(b) that any member who is proved or adjudged, in such manner as may be prescribed by the rules, to be guilty of a breach of the by-laws or contract shall pay to the society as liquidated damages a sum ascertained or assessed in such manner as may be prescribed by the aforesaid rules.
(2) No contract entered into under the provisions of this sectionrshall be contested in any court on the groundl only tbat, it constitutes a contract in restraint of trade.
Subject to any prior claim of any Government Creation of in the Federation on the property of the debtor and cavour in to the lien or claim of a landiord in respect of rent or registered
A YT Lien and set-off in respect of share or interest of members. Share or interest not liable to attachment or sale. No. 33 OF 1948. any money recoverable as rent and in the case of immovable property to any prior registered charge thereon—
(a) any debt or outstanding demand payable to a registered society by any member or past member shall be a first charge on all crops or other agricultura, produce, telled timber or other forest produce, marine produce, fish (fresh water and salt water), live stock, fodder, agricultural, industrial and fishing implements, plant, machinery, boats, tackle and nets, raw materials, stock-intrade and generally all produce of labour and things used in connection with production raised, purchased or produced in whole or in part from any loan whether in money or in goods given him by the society : Provided that nothing herein contained shall affect the claim of any bona fide purchaser or transferee without notice; a registered housing society by any member or past member in respect of rent, shares, loans, or purchase money or any other rights or amounts payable to such society shall be a first charge upon his interest in the immovable property of the society.
A registered society shall have a lien upon the share or interest in the capital and on the deposits of a, member or past member or deceased member and upon any dividend, bonus, or profits payable to a member or oast member or to the estate of a deceased member ir respect of any debt due to the society from such member or past member or estate, and may set-off' any sum credited or payable to a member or past member or estate of a deceased member in or towards payment of any such debt.
Subject to the provisions of section 15 of this Ordinance, the share or interest of a member in the capital of a registered society shall not be liable to attachment or sale under any decree or order of a court in respect of any debt or liability incurred by such member, and neither his assignee in insolvency nor a receiver duly appointed shall be entitled to, or have any claim on, such share or interest.
the case of tered charge payable to a mber or past : on all crops felied timber ine produce, I), live stock, zi and fishing lery, boats, als, stock-inice of labour with producproduced in i whether in y the society: in contained ny bona fide out notice; es payable to Tany member rent, shares, I any other such society is interest in le society. ien upon the Le deposits of iber and upon , a member or ed member in y from such ay set-off any past member ards payment on 15 of this ember in the ; be liable to order of a " incurred by in insolvency ntitled to, or st. CO-OPERATIVE SOCIETIES.
(1) On the death of a member, a registered Transfer of society may transfer the share or interest interest of the deceased member to the person nominated in accorddeath member. ance with the rules made in this behalf, or, if there is no person so nominatea, to such person as may appear to the Committee to be the heir or legal representative of the deceased member, or may pay to such nominee, heir or legal representative, as the case may be, a sum representing the value of such member's share or interest, as ascertained in accordance with the rules or by-laws: Provided that—
(a) in the case of a society with unlimited liability such nominee, heir or legal representative, as the case may be, may require payment jy the society ot the value of the share or interest of the deceased member ascertained as aforesaid;
(b) in the case of a society with limited liability, he societt may transfer the share or interest of the deceased member to sucl nominee, neir or lega representative, as the case may be, being qualitied in accordance with the rules and by-laws for membership of the society, or on his application within six months of the deatk of the deceased member to any person specified in the application who is so qualified.
(2) A registered society may pay all other moneys due to the deceased member from the society to such nominee, heir, or legal representative, as the case may be.
(3) All transfers and payments made by a registered society in accordance with the provisions of this sectior . shall be valid and effectual against any demand made upon the society by any other person. 8. (1) A registered society may receive deposits Deposit irom or for the benefit of minors and it shall be lawful by for a registered society to pay such minors the interest which may become due on such deposits. Any deposits the interest accrued thereon, be paid to the guardiar of that minor for the use of the minor
+il Sul. A YT Janu) No. 33 OF 1948.
(2) The receipt of any minor or guardian for money paid to him under this section shall be a sufficient discharge of the liability of the society in respect of that money. Register of members.
Any register or list of members kept by any registered society shall be prima facie evidence of any of the following particulars entered therein-
(a) the date at which the name of any person was entered in such register or list as a member; CaNb-AA-334/76) (6) the date at which any such person ceased to be a member. Proof of entries in
(1) A copy of any entry in a book of a registered books society. rules, be received in any legal proceeding, civil or criminal, as prima facie evidence of the existence of such entry and shall be admitted as evidence of the matters, transactions and accounts therein recorded iniginay easy whselt is ad to the. and to the same extent as, the
(2) No officer of any such society shall, in any legal proceedings to which the society is not a party, be compelled to produce any of the society's books, the contents of which can be proved under sub-section (1) of this section or to appear as a witness to prove any matters, transactions or accounts therein recorded unless the court for special reasons so directs. PART IV. RIGHTS AND LIABILITIES OF MEMBERS. Qualification for membership.
In order to be qualífled for membership of a co-operative society a person, other than a registered society, must
(a) have attained the age of 18 years; b) be resident within or in occupation of lan( Conb: P.7-334/76) vithin the society's area oi • operations as described by the by-laws. Members not to exercise rights till due payment made.
No member of a registered society shall exercise the rights of a member unless or until he has made such paymited toch interest in spe sofery as ship be acquired prescribed by the rules or by-laws.
r money ufficient spect of byany e of any rson was member; sed to be egistered ess shall, ed by the civil or stence of ce of the recorded it as, the any legal party, be Jooks, the section (1) prove any recorded ts. ERS. rship of a on of land erations as Lall exercise s made such nbership or as may be CO-OPERATIVE SOCIETIES.
Except with the sanction of the Registrar, no person shall be a member of more than one registered Restriction mernberin society with unlimited liability whose primary object is to grant loans to its members.
No member of any registered society shall have Votes of more than one vote in the conduct of the affairs of the society, and in the case of an equality of votes the Chairman shall not have a casting vote: Provided that in the case of societies of which a registered society is a member that society may have such voting powers as are provided by the by-laws.
A registered society which is a member of any other registered society may appoint any one of its tation by members as its proxy for the purpose of voting in the proxy. conduct of the affairs of such other registered society.
The minority or non-age of any person duly Contracts admitted as a member of any registered society shall with society of members not debar that person from executing any instrument or giving any acquittance necessary to be executed or given under this Ordinance or the rules made thereunder, and shall not be a ground for invalidating or avoiding any contract entered into by any such person with the society; and any such contract entered into by any such person with the soclety, whether as principal or as surety, shall be enforceable at law or against such person notwithstanding, his minority or non-age. 21. No member, other than a registered society, No individual to hold shall hold more than one-fiith of the share capital of more than any co-operative society. one-fifth of share capital of any society.
(1) The transfer or charge of the share or Restrictions interest of a member or past member or deceased on transfer member in the capital of a registered society shall be or charge of share or subject to such conditions as to maximum holding as interest. may be prescribed by or under this Ordinance.
(2) In the case of a society registered with unlimited liability, a member shall not transter or charge any share held by him or his interest in the capital of the society or any part thereof, unless—
(a) he has held such share or interest for not less than one year; and
(b) the transfer or charge is made to the society, or to a member of the society, or to a person whose application for membership has been accepted by the Committee.
L.N.332/58 Repeal. P.u(A) 10|7 Added PU(AI! Liability of past member and estate oi deceased member for debts of society. No. 33 OF 1948.
(1) The liability of a past member for the debts of a registered society as they existed on the date on which he ceased to be a member shall not continue for a period of more than two years reckoned from that
(2) The estate of a deceased member shall not be liable for the debts of the society as they existed on the date of his decease for a period of more than two years reckoned from the date of his decease. A YT PROPERTY AND FUNDS OF REGISTERED SOCIETIES.
(1) A registered society shall not, except as provided in section 33 of this Urdinance, make any loan to any person other thar a member : !cor to its employeos Provided that, with the consent of the Registrar, a society may make loans/ to another iSub-Af. 334registered society.
(2) Except with the permission of the Registrar, a society shall not lend money (0-7-334/76 security of any movable property other than produce or goods in which the society is authorised to deal. LV202/
(3) The High-Commissioner may, by general special order, prohibit or restrict the lending of money on a mortgage or charge of any description of immovable property by any registered society or class of registered societies.
A registered society shall receive deposits and tions on borrowing. loans from persons who are not members only to such extent and ünder such conditions as may be prescribed by the rules or by-laws. Restrictions on ofher transactions with nonmemberg.
Save as provided in sections 30 and 31 of this Ordinance the transactions of a registered society with persons other than members shall be subject to such prohibitions and restrictions as may be prescribed by the rules. Investment of furnids.
A registered society may invest or deposit its funds--
(a) in the Post Office Savings Banls; or
(6) in any of the securities specified in section 4 F.M.S. Cap. 61. of the Trustee Enactment of the Federated Malay States; or |
(c) in the shares or on the security of any other isuba: 1211354/767 registered socicty approved for this pur- . pose by the Registrar; or Am.
/66 E. O. LAIRD, of Federal Executive Cou CO-OPERATIVE SOCIETIES.
(a) with any bank or person carrying on the business of banking approved by the Registrar; or Caub. A.17. 334/75). 33A(e) in any other mode approved by the Registrar (AddA A334)76),
(1) Subject to the provisions of the rules in respect of Labourers' Co-operative Credit Societles, at least one-fourth of the net protits of every registered society, as ascertained by the audit prescribed by section 35 of this Ordinance, shall be carried to a fund to be called the reserve fund, which shall be employed as prescribed by the rules. The remainder Repealed abd subs by A17/66 (1-4-66). of such profits and any prolits of past years avallable for distribution may be divided among the members by way of dividend or bonus, or by way of honoraria to office bearers of the society, or allocated to any funds constituted by the sociely to such extent or under such conditions as may be prescribed by the rules or by-laws : Mhistert Natixakkime Provided that in the case of alsociety with unlimited liability, no distribution of profits shall without' the general or special order of the Chio/mmdafoe Seeretary.
(2) Any registered society may, with the sanction L nytis/s of the Registrar, after one-fourth of the net profits in any year has been carried to a reserve fund, contribute an amount not exceeding ten per centum of the remaining net protts to any charitable purpose or to a common-good fund. ACCOUNTS, AUDII, INSPECTION AND INQUIRX: CSL. A7-334/76)
(1) The Registrar shall audit or cause to Audit. be audited by some person authorised by him by general or special order in writing the accounts of every registered society once at least in every year.
(2) The audit under sub-section (1) of this section shalí include an examination of overdue debts, it any, and a valuation oi the assets and liabilities of the registered society. to 3l Jihe ke aitrantnd yre sooiebe sperionare pine C8Nb.AA.33476)11 when necessary- (encluding, any post officer)
(a) to summon at the time of his audit any officer servant or member of the society who he has reason to believe can give material information in regard to transactions of the society or the management of its affairs; or ( ORDINANCE, 1949 of 1949) IRD SUPPLIES) RULES, inferred upon it by sub-sectig teAindinooer 1 an tho
! L.N.332 58" Repesl. -=. P.U(A) 10|7 Added PN(A) I0i YT Tanüli No. 33 o1 :948.
(0) to require the prncjction of any book or document relating lio the affairs of, or any cash or securities melonging to, the society by the officer, agent, servant or member in (0ll-1-0-334757 Power of Registrar to inspect possession of sucli book, document, cash or securities. so. Ihe Registrar, or any person authorised by general or special order in writing by the Registrar, shall at all times have access to ali the books, accounts, papers and securities of a registered society, and shall be entitled to inspect the eash in hand; and every oficer of the society/shall fuimish such information in regard to the transactions und working of the society as the person making such inspection may reguire.
(1) The Registrar may of his own motion, and Committee, cher oplieatiles than oneothild of the nembers oi a registered seciety, hold an inquiry o lrect some person authorised by him bv order ir writing this behalt lo bold an inquiry the constitution, working aid financial condition of a "finti ipiens registered society, and ill niicers, und members of the society shall produce such hooks, accounts, papers and securities of the society and furnish such information in regard to the afiairs of the society as the Registras ol' the person authorised by him may require.
(2) The Registrar shall, ou the application of a creditor of a registered sociebv, inspect or direct some person authorised by him i! writing in this behalf to inspect the books of the society, if the applicant
(a) proves that an ascertained sum of money is then due to him and that he has demanded payment thereo! andi has receivei satisfaction within a reasonable time; ani
(b) deposits with the Rogistrar such 'sum ai security for the costs of the proposer: inspection as the Hegistrar may require
(3) The Registrar shall comnmunicate the results o? any such inspection to the creditor and to the societ / into whose affairs inquiry has been made:
(4) Where an inquiry is held under sub-section (?) or an inspection is made under sub-section (2) of this section, the Registrar may b a certificate under his hand make an award apportioning the costs, or such pari of the costs. as he may Mhink right, between tie registered society, the membrrs demanding an inquiry, lim. A17 6-461 Rcz.Ar
ingan inquiry, CO-OPERATIVE SOCIETIES. the officers or former officers of the society, and the crediton, if aay, on vihoso applicasior tåe inquiry Was 4P 234/267
(5) Any sum awarded by way of costs against any society or person under this section may be recovered , on production of the certificate referred to in subsection (4) of this section to a Distriet Court naving ½ Sersions jurisdiction in the place where the registered office of the society is situated or the person resides or carries on business for the time being, in like manner as a fine imposed by the court. PART VII. DISSOLUTION.
(1) If the Registrar, after an inquiry has been Dissolution. held or after an inspection has been made. under section 37 of this Ordinance or on receipt of an application made by three-fourths of the members o1 a registered society, is of opinion that the society ought to be dissolved, he may make an order for the cancellation of the registration of the society.
(2) Any member of a registered society may, within two months from the date of an order under subsoeicnicy Se this on epel fron such order to
(3) Where no appeal is presehted within two months C Nº 481/51- Am.117/66 from the making of an order cancelling the registration of a society, the order shau take ettect on the expiry of that period. Where an appeal is presented within two months, the order shall not take effect until it is confirmed by the Ghief Secretaryk wa hen poer tim.
(4) Where the Registrar makes an order for the cancellation of the registration of a society under sub-section (1) of this section he may make such further order as he may think fit for the custody of the books ou disposial and documents and the protectionlof the assets of the society until the order cancelling the registration of (*•A.33476) the society takes effect.
(5) No registered society shall be wound up save by an order of the Registrar.
The Registrar may, by order in writing, cancel Cancella the registration of any registered society, other thar a society which includes among its members one or more registered societies, if at any time it is proved memhership. to his satisfaction that the number of the members / one humcreil has been reduced to less than/ten. Every such order (7 4-334)76) shall take effect from the date thereof.
Effect of cancellation of registration. Liquidation aiter canceliation registration society. Liquidator's p powera. (dlAA-334/76) No. 33 OF 1948.
Where the registration of a society is cancelled by an order under section 38 or under section 39 of this Ordinance the society shall cease to exist as a corporate body from the date on which the order takes effect, hereinafter referred to as the date of dissolution: Provided that any privileges conferred society by or under sections 14, 15, 16 and 17 of this Ordinance shall be deemed to be vested in any liquidator appointed for that society by the Registrar. 1. Whère the registration ot a society is cancelle inder section 3o or section 39 of this Ordinance th Registrar may appoint a competent person to be liquidator of the society.
(1) A liquidator appointed under section 41 of this Ordinance shal, subject to the guidance and control of the Registrar and to any limitations imposed by the Registrar by order under section 43 of this Ordinance, have power to-
(a) determine from time to time the contributions to be made by members and past members or by the estates of deceased members of the society to its assets;
(6) appoint a day by notice before which creditors whose claims are not already recorded in the books of the society shall state their claims for admission or be excluded from any distribution made before they have proved them; decide any question of priority which arises between claimants and draw up a scheme for the payment of their dues;
(d) refer disputes to arbitration and institute and defend suits and other legal proceedings to appear in Court as a -litigant in person on behalf of the society;
(e) empower any person to make collections and to grant valid receipts on his behalf; ( deoidn by waosps of ignd inon atp to be
(9) give such directions in regard to the collection and distribution of the assets of the society and the disposal of the books and documents of thé society as may be necessary 1I the course of winding up the society;
cancelled ion 39 of xist as a :der takes f dissoluon the 17 of this • In any legistrar. cancelled nance the on to be ¡ion 41 of ance and simposed 3 of this tributions members embers of creditors corded in tate their ded from .hey have ich arises a scheme titute and oceedings his name urt as le society; tions and 1alf; it proporare to be collection he society and docucessary in ciety; m.A17/66 CO-OPERATIVE SOCIETIES.
(h) compromise any claim by or against the society provided the sanction of the Registrar has first been obtained;
(2) call such general meetings oi members as may be necessary for the proper conduct of the liquidation;
(j) take possession of the books, documents and assets of the society;
(k) sell the property of the society;
(1) carry on the business of the society so far as may be necessary for winding it up bene- Provided that nothing herein contained shall entitle the liquidator of a credit society to issue any loan; and
(m) arrange for the distribution of the assets of the society in a convenient manner when a scheme of distribution has been approved
(2) by the Registrar. Neco. A17/66 (1-4-66)-
(5) A liquidator shall deposit the funds and other assets of a dissolved society which are collected by him or which come into his possession as liquidator in such manner and in such place as may from time to time be determined by the Registrar. (4> f8) A liquidator shall, every three months, submit to the Registrar a report stating the progress made in winding up the attairs of the society, and shall, on completion of the liquidation proceedings, submit a final report and make over to the Registrar all books, registers and accounts belonging to the society and all books andl accounts relating to such proceedings kept by him.
(5) 4) Any liquidator appointed under this Ordinance shall in so tar as such powers are necessary. carrying out the purposes of this section, have power to summon and enforce the attendance of parties and witnesses and to compel the production of documents by the same means and (so far as may be) in the same 1 Sessions man d terdttorshil esdecie ofia potis cobie. (albner 0rl/7) torthe control and revision of the Registrar, who-may—
(a) rescind or vary any order made by a liquidator liquidation. and make whatever new order is rêquired;
(b) remove a liquidator from office;
(c) call for all books, documents and assets of the society;
Sult No. 33 oF 1948.
(d) by order in writing limit the powers of a liquidator section Ordinance;
(e) require accounts to be rendered to him by the liquidator;
(J) procure the auditing oi the liquidator's accounts and authorise the distribution of the assets of the society;
(9) make an order for the remuneration of the liquidator, which remuneration shall be included in the costs of liquidation and shall be payable out of the assets in priority (Bub: 1-8-334/78) to all other claimsj.
(h) refer any subject öl dispute between liquidator and any third party to arbitration if that party shall have consented in (14733496) writing to be bound by the decision of the arbitrator.
(1) The decision of an arbitrator on any matter referred to him under section 43 of this Urdinance shall be binding upon the parties, and shall be enforceable in like manner as an order made by the (.1P4 334/70) Registrar under that section.| AmA,/a6 Re An ander.
(2) An order made by the liquidator or by the Lagreshalbeer fereed byanycistre Cout havin nance shall be enforced by any Bistrict. jurisdiction over the place where the registered office of the society is situated in like manner as a decree of that Court. Limitation of the juris-
Save in so far as is hereinbefore expressly diction of provided, no civil court shall have any jurisdiction in tho civil respect of any matter concerned with the dissolution court. of i registered society under this Ordinance, and no appeal shall lie to any civil court from any order of the liquidator. Closura of liquidation. 16. (1) In the liquidation of a society whose regissraerve han de enafine lap, ild tirsd t the dong oe liquidation, then to the discharge of the liabilities of the society, then to the payment of the share capital and then, provided the by-laws of the society permit, to the payment of a dividend at/a-rate-not-exeeeding ax- per centum per annum for any period for whiel no disposal-of profits-was-made.
the powers of a this ed to him by the the liquidator's 3 distribution of meration of the sration shall be liquidation and essets in priority ute between a arty to arbitraue consented in : decision of the r on any matter this Ordinance and shall be er made by the ator or by the t5 of this Ordi- ECourt having registered office r as a decree of ›fore expressiy Jurisdiction in the dissolution inanice, and no n any order of y whose r'egisincluding the o the costs of le liabilities of › share capital society permit, nôt-exeeeding 4od for whieh CO-OPERATIVE -SOCIETIES. When the liquidation of a society has been <perses closed and anycreditor of that-soclety has not claimed (04-334/76) or received what is due to him under the scheme of nntino nf tha olnsino of the linnidation '(3) Any balance of the reserve fund which may remain after making the payments specified in sub-section (1) of this section, including moneys remaining in respect of claims prescribed under sub-section (2) of this section, shall be applied to such local object or objects of public utilty as may be selected by a majority of the votes of the members of the society (as they existed at the date of the dissolution) assembled inja special meeting and approved of by the Registrar. If within three months of the dissolution of the society the members fail to make a selection which 1s(NA-933476) approved of by the kegistran, the latter shall credit the above-mentioned balance of the reserve fund to the reserve fund of the co-operative societý, il any, to which the society was affiliated, or, if the • society was not affiliated to any other society, shall after obtaining the approval of the Member for Home-Affairs deal with the balance in all or any....:** of the following ways: AMs: 11.17/66
(i) he shall place the said balance or part thereof on deposit in some co-operative or other bank; or
(ii) he shall invest the said balance or part thereof in the purchase of any investments authorised under section 4 of the Trustee [ố øn
powers of a 42 of this IN IHILIIVICLLILL nanner as the 1 time to time ien years any or invested in ub-section (3) to the reserve ince with the such balance r such of the of this section / from time to le second day CKS, ive Council YMENT PKINTER CO-OPERATIVE SOCIETIES.
(2) When the liquidation of a society has been /persen closed and any/ereditor of that-socioty has not claimed (A 4.334/76) or received what is due to him under the scheme of distribution, notice of the closing of the liquidation snall be published in the Gazette, and all claims against the funds of the society liquidated shall be proscribed when two years have elapsed trom the date of the publication of the Gazette notice.
(5) Any balance of the reserve fund which may remain after making, the payments specified in section (1) of this section, including möneys remaining in respect of claims proscribed under sub-section (2) of this section, shall be applied to such local objectaluts or objects oi public utility as may be selected by a : majority of the votes of the members of the society et 3ae (as they existed at the date of the dissolution) assembled in a special meeting and approved of by the Registrar. If within three months of the dissolution of the society the members fail to make a selection which is approved of by the Registrar, the latter shall credit the above-mentioned balance of the reserve fund to the reserve fund of the co-operative society, it any, to which the society was affiliated, or, if the society was not affiliated to any other society, shall place the said balance on deposit in' some co-operative or other bank until a new co-operative society with a similar area of operations is registered, in which event it shail be credited to the reserve fund of such society.
(4) 2/51 PART VIII. SURCHARGE AND ATTACHMENT.*
(1) Where, in the course of the winding up of a regest part in the organsation or lt appears that any person who has -aoien or d in peoro prestion oi ego he society as misapplied or retained or become liable or accountable for any money or property of such society or has been glt f msfeasance or breac trust mhorelation to such society, the Registrar may on the application of the liquidlator or of any creditor or contributory, examine into the conduct of such person and märe-an order requiring him to repay or restore the money o property or any part thereof with interest at such rate as the Registrar thinks just or to contribute such sum to the assets of such society by way of compensation in regard misapplication, retainer, dishonesty or breach of trust as the Registrar thinks An. A17/66
Janui An.917/66 No. 33 OF 1948. just. Such order shall be enforced in the samas if the order had been a iurmmen Court.
(2) This section shall api the act is one for which the o. responsible.
Any person aggrieved Registrar made under section may appeal to the fhiof Secre days from the date of such ord the Ghief feeretazy/shall be fins reёs PART IX. LiN 431/55 Am settfzment of disputes. DISPUTES.
(1) It any dispute touching registered society arises
(a) among members, past mem claiming through member and deceased members; or
(b) between a member, past me claiming through a membe or deceased member, and i Committee, or any officer of
(c) between the society or its Comm. officer of the society; or
(d) between the society and any oth, society, such dispute shall be referred to the Registrar for decision. A claim by a registered society for any debt or demand due to it from a member, past member or the nominee, heir or legal representative of a deceased member, shall be deemed to be a dispute touching the business of the society within the meaning of sub-section.
(2) The Registrar may, on receipt of a reference under sub-section (1) of this. section- (917-9-334/76> () deci the orpisposal
(b) refer an arbitrator or iswb.A.A.334/76) arbitrators, or (Acd-A.p334/76) (3)Any party aggrieved by the award of the arbitrator or arbitrators may appeal theretrom to the Registrar withinzsuch period and in such manner as h tec mosthsfroin the date of tha qiaed Mariane societies Sm-AL (1-4 irSardaner..s.n
teл. Nariame societies agistrar for uny debt or ember or the a deceased touching the ling of this a reference rbitrator or vard of the :efrom to the ih manner as 5/66 .CO-OPERATIVE SOCIETIES.
(4) A decision of the Registrar under sub-section
(2) or in appeal under süb-section (3) of this section shall be final and shall not be called in question in any civil court.
(5) The award of the arbitrator or under sub-section (2) of this section shall, if no appeal is preferred to the Registrar under sub-section (3), ox be final and shall not be called in question in any civil ourt and shall be entorced in the same manner as 1 the award had been a judgment of a Distrief Court
(1) Notwithstanding anything contained in the Cuso stated last foregoing section, the Registrar at any time when proceeding to a decision under this Urdinance, or the Chief Secretary at any time when an appeal has been ( me preierred to him against any decision of the Registrar under this Ordinance, may refer any question of law arising out of such decision tor the opinion os the High Court.
(2) Any Judge, or Judges, of the High Court, as Hinisterto pertynt fo [A: 120(57" Am. 117/66 the 'Chief Justice may direct, may consider determine any question of law so referred, the opinion given on such question shall be final and conclusive. PART X. Minete BULES. LN57
(1) The High Gommissionor in Counoit may Rules. make all such rules as may be necessary for the purpose of carrying out or giving effect to the princíples and provisions of this Ordinance.
(2) In particular and without prejudice to the generality of the power conferred by sub-section (1) of this section, such rules may- (Act.A-334/76)
(aa) fa) prescribe the forms to be used and the (3ul.HiA:33476) conditions to be complied with in applying for the registration oi a socIet he procedure in the matter of applications;
(5) prescribe the conditions to be complied with by persons applying for admission admitted as members, and provide for the and admission of members from time to time, and the payment to be made and interest to be acquired before exercising rights of membership;
Jan No. 33 OF 1948.
(c) subject to the provisions of section 27 of this Ordinance, prescribe the maximum number of shares or portion of the capital of à registered society which may be held by a member;
(d) prescribe the extent to which a registered society may limit the number members;
(e) provide for the withdrawal and expulsion of members and for the payments, if any, to be made to members who withdraw or are expelled, and for the liabilities of past members;
(V) provide tor general meetings of the members and for the procedure at such meetings and powers to be exercised by meetings;
(9) provide for the appointment, suspension and removal of the members of the Committer and other officers, and for the procedure at meetings of the Committee and for the powers.to be exercised and the duties to be performed by the Committee and other officers;
(h) prescribe the matters in respect of which a society may or shall make "by-laws and for the procedure to be foilowed in making, altering and rescinding by-laws, and the conditions to be satisfied prior to such making, alteration or recission;
(i) regulate the manner in which funds may be raised by means of shares or debentures or otherwise;
(i) prescribe the conditions to be observed by a. society applying for firtancial assistance from Government;
(k) prescribe the payments to be made, conditions to be complied with, and the forms of the bonds, instruments or other - documene to loans or cad, bredits, bers period for which loans may be made or credits granted, and the maximum amount which may lent and maximum credit which may be allowed to individual members with or without the• consent of the Reg strar;
on 27 of this mum number e capital of ay be held by a registered nber of its expulsion of ts, if any, to hdraw or are ities of past the members meetings and ed by such spension and le Committee procedure at and for the : duties to be e and other , of which laws and for in making, LWS, and the ior to such n; inds may be lebentures or sserved by a for financial made, the th, and the nts or other by members credits, the y be made e maximum it and the e allowed to without the -om CO-OPERATIVE SOCIETIES.
(1) provide for the mode in which the valúe of a deceased member's interest shall be ascertained, and for the nomination of a person to whom such interest may be paid or transferred;
(m) provide for the mode in which the value of tize interest of a member who hus become unsound mind incapable managing himself or his aftairs shall be ascertained and tor the nomination of any person to whom such interest may be paid
(n) provide for the formation and the maintenance of reserve funds, and the objects to which such funds may be applied, and for the investment of any funds under the control of any registered society;
(o) prescribe the conditions under which profits may be distributed to the members of a society with unlimited lisbility and the maximum rate of divide nd rhich may be paid by societies;
(p) prescribe the accounts aind ooks to be kept societi, and for the periodical publication of a balance sheel showing the assets and liabilities of a registered society;
(9) provide for the audit of the accounts of registered societies and for the charges, if any, to be made for such audit;
(r) prescribe the returns to be submitted by registered societies to the Registrar and the persons by whom and the Iorm in which the same are to be made;
(s) provide for the persons by whor1, and the torm ın which copies of entries in books of registered societies may be certified;
(t) provide for the formation and maintenance of • register of members, where the liabilitv of members is limited by shares, of a register of shares;
(u) provide for the inspection of documents and registers at the Registrar's office and the lees to be paid therefor and for the issue i copies of such documents or recisters:
(v) prescribe the manner in which any question as to the breach of any by-law or contract relating to the disposal of produce to or
Janı Penalty for noncompliance with Ordinance. Subs. Act17/66 (1-4-66) 0,54/55 Repeal. 0: 2/57. No. 33.OF 1948.
(1) Aly-
(a) registered society or officer or member thereof wiltully neglecting or retusing to any act or to furnish any information required for the purposes this Ordinance by the Registrar or other person duly authorised by him in that behalf; or.
(b) person wiltully or without any reasonable excuse disobeying any summons, requisition or lawful written order issued under the provisions of this Ordinance, or failing o furnish any intormation lawiully requir ed from him by a person authorised to do s under the ptovisions of this Ordinance, shall be guilty of an offende against this Ordinance. y soototy or persom guilty of an offence under this section shall be liable to a fine not exceeding fifty dollars.
The Ordinance and Enactments set out in the Schedule to this Ordinance are hereby repealedo fxni engy- SOHEDULE. (Section 59.) REPEAL. No. F.M.S. Cap. 97 S.S. Cap. 155 ...' ... Title. ... ... The Co-operative Societies Enactment. The Co-operative Societies Ordinance. Kedah Enactment No. 22... The Co-operative Societies Enactment, 1345. Perlis Anactment No. 2 of The Co-operative Societies Enactment, 1845. Jobore Enactment No. 18 of The Co-operative Societies Enactment, 1927. Telantan Enactment No. 13 The Co-operative Societies En of 1934 aetment, 1934 Tren ifanu Enactment No. 3 The Cenperative Societies Bin...
No. 33.0F 1948. 58. "'(İ) Any person who-
(a) neglects or refuses to do any act or refuses or fails to furnish information required for the purposes of this Ordinance or 'any rules made thereunder;
(b) gives false information or makes any false statement on any matter required under the provisions of this Ordinance or any rules made thereunder to be given or made;
(c) fails to obey any summons, requisition or lawful written order issued under the provisions of this Ordinance or any rules made there- Csile A.4-334/76) under; and ov
(d) violates or fails to comply with the requirements of this Ordinance and any rules made thereunder, shall Lcommit an offenee against this Ordinance.
(2) Any .person committing any offence against, or contravening the provisions of, this Ordinance or any rules made thereunder shall be liable to a fine not exceeding one thousand dollars and, in (911-7-334/76) Het 17/66 the case of a continuing offence, to a fine of fifty dollars for each day during which the offence (continues."; and uauco. koddh acclent No. 22 .. Im Croperative Societico Fr aetmirni, 1315. sare as in sub-section/(3) of thia section proviaeà, any society (ord.No,54/55) Koloian rptment in e the cooperative aocieues Poo ni 195 .etment, 1931. 1 2ia0 ' scetm " i'. à D'a Mooperativo Soritis *.. s*58(3) Any socicty, one of whose objaets is tha carrying on of insuranco businees, or any officai or agent thereof guilty lof an offence under thi section shall be liablo to a fine oi one theusea dollars or, in the case of a continuing default, to a fine of l'ive hundrea dollars i (includin during which the defaust continues. for erery day vno was any percons. (Am. Act 17/66) (Ürä•Nax 54/55)
Cite this legislation
- Official citation
- Act 287
- Source
- lom.agc.gov.my
- Data synced
- Licence
- Official text, free to reproduce (Copyright Act 1987 [Act 332] s 3) ↗
Co-operative Short title [Act 287] (Laws of Malaysia, lom.agc.gov.my). Retrieved via LawPlayer, https://lawplayer.com/my/act/act-287
This text is synced from lom.agc.gov.my. In case of any discrepancy, the official version prevails.
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).