FRIENDLY SOCIETIES ACT

ARRANGEMENT OF SECTIONS

   1   Short title

   2   Interpretation

   3   Societies to which this Act applies

   4   Appointment of Registrar and assistants

   5   Societies shall be registered

   6   Conditions of registration

   7   Application for registration

   8   Registration

   9   Societies to be bodies corporate

   10   Power of registered societies to make rules

   11   Amendment of rules

   12   Registration of dividing societies

   13   Registration of insurance societies and of societies assuring annuities

   14   Registration of societies with branches

   15   Establishment of new branches

   16   Application of certain provisions of this Act to branches

   17   Requisites for registration of branches as societies

   18   Name of society or expelled branch

   19   Contributions from one society to another

   20   Registered office

   21   Publication of name

   22   Return of members and investments

   23   Audit

   24   Annual and other returns

   25   Quinquennial valuation

   26   Copy of last balance sheet

   27   Exemption from income tax and stamp duty

   28   Priority on death, bankruptcy, etc of officer

   29   Membership of minors

   30   Subscriptions to hospital, etc

   31   Right to supply of copies of the rules

   32   Right to supply of annual return

   33   Inspection of books

   34   Limitation of benefits

   35   Service in armed and police forces

   36   Investment of funds

   37   Loans to assured members

   38   Loans out of separate loan fund

   39   Power of member to dispose of sums payable on his death by nomination

   40   Proceedings on death of nominator

   41   Payments on absence of valid nomination

   42   Validity of payments

   43   Certificate of death

   44   Amount payable on death of children of certain ages

   45   Person to whom payment may be made on death of children

   46   Settlement of disputes

   47   Amalgamation and transfer of engagements

   48   Conversion of society into company or co-operative society

   49   Saving for right of creditors

   50   Conversion of a society into a branch

   51   Meaning of special resolution

   52   Registration of special resolutions

   53   Power of Registrar to inspect books, etc

   54   Inspection of societies premises

   55   Inquiry and inspection

   56   Removal of officer

   57   Responsibility of officer and declaration of liability

   58   Dissolution

   59   Cancellation of registration due to lack of membership

   60   Effect of cancellation of registration

   61   Appointment of liquidator

   62   Powers of a liquidator

   63   Power of Registrar to control liquidation

   64   Suspension of registration

   65   Limitation of office holders

   66   Evidence of documents

   67   Bonus

   68   Establishment of reserve funds

   69   Regulations

   70   Offences

   71   Penalties

THE FRIENDLY SOCIETIES ACT

[Date of Commencement: 1st November 1968]

Acts
4 of 1966,
29 of 1967,
36 of 1976.

1   Short title

   This Act may be cited as the Friendly Societies Act.

2   Interpretation

   (1) In this Act unless the context otherwise requires-

   "amendment of rule" includes a new rule and a resolution rescinding a rule;

   "bank" means-

   (a)   the Workers Savings and Loan Bank; and

   (b)   any company licensed under the Banking Act, to carry out banking business;

   "bonus" means a share of the profits of a registered society or a branch thereof derived from business done by that society or branch with its members and divided among those members in proportion to the volume of business done by them with that society or branch;

   "branch" means any number of the members of a society under the control of a central body having a separate fund administered by themselves or by a committee of officers appointed by themselves and bound to contribute to a fund under the control of a central body;

   "child" includes an adopted son or adopted daughter and a step-son or step-daughter;

   "committee" means the governing body of a registered society or a branch thereof to whom the management of the affairs of such society or branch is entrusted;

   "dividend" means a share of the profits of a registered society or a branch thereof divided among its members proportion to the share capital held by them;

   "functions" includes duties and powers;

   "land" includes any interest in land;

   "meeting" includes (where the rules of a registered society or a branch thereof so allow) a meeting of delegates appointed by members;

   "member" includes a person joining in the application for the registration of a society and a person admitted to membership in accordance with the rules of a registered society or a branch thereof;

   "officer" includes the chairman, secretary treasurer, member of committee or of a person empowered by regulations made under this Act or by this rules of a registered society or a branch thereof to give directions regard to the business of such society or branch;

   "persons claiming through a member" includes the nominees of the member where nomination is allowed;

   "registered society'' means a society registered under this Act;

   "Registrar" means the Registrar of societies to which this Act applies, appointed under section 4 and includes any person carrying out such functions of the Registrar as may be assigned to such persons;

   "rules" means the registered rules made by a society under this Act;

   "subscription" includes any contribution or dues paid accordance with the rules of a registered society or a branch thereof.

   (2) Where in this Act the expression "this Act" is used, it shall be deemed to include references to regulations made under this Act.

3   Societies to which this Act applies

   (1) This Act shall apply to the following societies-

   (a)   societies (in this Act called friendly societies) for the purpose of providing by voluntary subscriptions of the members thereof with or without the aid of donations for-

         (i)   the relief or maintenance of the members, their husbands, wives, children, fathers, mothers, brothers, sisters, uncles, aunts, nephews or nieces, or wards being orphans, during sickness or other infirmity, whether bodily or mental,, in old age (which means any age after sixty) or in widowhood, or for the relief or maintenance of the orphan children of members during minority; or

         (ii)   insuring money to be paid on the birth of a member's child or on the death of a member, or for the funeral expenses of the husband, wife, child, ward, father, mother, brother' sister, uncle, aunt, nephew or niece of a member, or on the death of the widow of a deceased member or on the death of such other relation of the member's family as is wholly or in part dependent upon the earnings of the member for the ordinary necessaries of life:

            Provided that as respects sub-paragraphs (i) and (ii) a person shall be deemed to be a father, mother, brother, sister, uncle aunt, nephew or niece of the member, notwithstanding that he or she is not a legitimate relative of such member; or

         (iii)   the relief or maintenance of the members when on travel in search of employment, or when in distressed circumstances, or in case of shipwreck or loss or damage of or to boats or nets; or

         (iv)   the endowment of members or nominees of members at any age; or

         (v)   the insurance against fire of any amount not exceeding fifty dollars of the tools or implements of the trade or calling of the members; or

         (vi)   the insurance against fire, of any amount not exceeding one hundred dollars of the household furniture, goods and effects of the members; or

         (vii)   insuring money to be paid in the event of the marriage of members;

   (b)   societies for any benevolent or charitable purpose (in this Act called benevolent societies);

   (c)   societies (in this Act called specially authorised societies), other than societies carrying on the business of banking, for any purpose which the Minister may authorise as a purpose to which the provisions of this Act, or such of those provisions as are specified in the authority, ought to be extended, and where any provisions of this Act are so specified, those provisions only shall be so extended:

   Provided that this Act shall not apply to a society which is not registered by virtue of subsection (1) of section 6.

   (2) For the purposes of sub-paragraph (ii) of paragraph (a) of subsection (1), the expression "funeral expenses" shall be deemed to include all incidental and ancillary expenses which a member may incur in connection with the death, and is not restricted to the payment for the funeral.

4   Appointment of Registrar and assistants

   (1) The Minister may in his discretion designate a public officer as the Registrar and such other public officers as he may think fit to assist the Registrar.

[29/1967 s 2.]

   (2) Where there are no public officers designated under subsection (1) the Social Development Commission shall, subject to the approval of the Minister, appoint an officer of the Commission to be the Registrar and such other officers as may be necessary to assist the Registrar.