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THE REGISTRATION OF ASSOCIATIONS ACT 1979
THE REGISTRATION OF ASSOCIATIONS ACT 1978

Act 35/1978

Proclaimed by [
Proclamation No. 14 of 1978] w. e. f. 3 rd January 1978

ARRANGEMENT OF SECTIONS

PART I — PRELIMINARY
1.
Short title
2.
Interpretation
3.
Application of Act

PART II — REGISTRATION OF ASSOCIATIONS
4.
Register of associations
5.
Registration of associations
6.
Application for registration
7.
Grounds for refusal to register
8.
Certificate of registration
9.
Status and acts of associations
10.
Consequences of refusal to register

PART III — RULES OF ASSOCIATIONS
11.
Rules of association
12.
Exclusion of minors
13.
Amendment of rules
14.
Rules to be binding

PART IV – CANCELLATION, AMALGAMATION AND WINDING UP ASSOCIATIONS
15.
Cancellation of registration of association
16.
Voluntary winding up of associations
17.
Amalgamation of associations
18.
Winding up of associations
PART V — ADMINISTRATIVE PROVISIONS
19.
Application of funds
20.
Records and accounts
21.
Audit
22.
Annual general meeting
23.
Annual return
24.
Register of members and records
25.
Officers
26.
Security
27.
Establishment of branches
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THE REGISTRATION OF ASSOCIATIONS ACT 1979
28. General meetings of large associations
29.
General meetings of delegates
30.
Special resolution

PART VI- MISCELLANEOUS
31.
Powers of Registrar
32.
Inquiry into affairs and conduct of association
33.
Appeals
34.
Registrar’s certificate to be evidence
35.
Repealed
36.
Exemptions
37.
Offences and penalties
38.
Regulations

Schedule — Rules
PART I — PRELIMINARY
1 Short title

This Act may be cited as the Registration of Associations Act.

2 Interpretation

In this Act—

“accounting date”, in relation to a registered association, means
the closing date of its accounting period;
“accounting period”, in relation to a registered association, mean
s the period specified in its rules, in
respect of which a statement of receipts and payments is to be prepared
under section 20 (2);
“association”— (a)
means an organisation made up of not less than 7 persons having a formal
structure with a
common purpose, other than that of pecuniary gain to its members;
(b)
does not include a political party;
“auditor” means a person appointed as such by an annual general me
eting of a registered association;
“committee” means the body of persons which is entrusted with the
management of a registered association;
“foreign association” means an association formed outside Mauritiu
s;
“large association” means a registered association —
(a)
whose membership exceeds such number of members; or

(b)
the value of whose assets, or whose annual revenue in 2 consecutive year
s, exceeds such
amount,

as may be prescribed;

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THE REGISTRATION OF ASSOCIATIONS ACT 1979
“member” means a member of an association and, in the case of a fo
reign association, a member who is
a resident of Mauritius;
“Minister” means the Minister to whom responsibility for the subje
ct of associations is assigned;
“mutual aid society” means an association of which one of the main
objects is to provide benefits on the
death of a member, his spouse or any of his relatives;

“office”, in relation to an association, means the principal place
of business of the association;
“officer —
(a)
means a person who forms part of a committee or is an auditor or secreta
ry of an
association;
(b)
does not include a member of the staff of an association who performs th
e duties of a
secretary;
“register” means the register to be kept under section 4;
“Registrar” means the Registrar of Associations;
“registered” means registered under this Act;

“revenue” means the gross receipts of a registered association fro
m any source;
“secretary”—
(a) means the secretary of an association; and
(b) includes— (i)
any other person performing the duties of secretary; and
(ii)
in the case of a foreign association, the person who represents the asso
ciation in
Mauritius;
“special resolution” means a resolution passed by a registered ass
ociation in accordance with section 30;

“village” has the same meaning as in the Local Government Act 1989
;
“youth club” means an association —
(a)
whose members are —
(i)
over the age of 14; and
(ii)
under the age of 30; and
(b)
whose aims and objects are to provide facilities for the spiritual, men
tal or physical training
of its members.
Amended by [
Act No. 27 of 1986]

3 Application of Act
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THE REGISTRATION OF ASSOCIATIONS ACT 1979
(1) Nothing in this Act shall affect any other enactment which relates to —
(a) companies;
(b) civil or commercial partnerships (including
sociétés);
(c) cooperative societies; or
(d) trade unions.

(2) This Act shall not apply to —
(a) a youth club;
(b) an association incorporated under any other
enactment; and
(c) a cooperative society.

PART II—REGISTRATION OF ASSOCIATIONS

4 Register of associations
(1)
The Registrar shall keep a register in which shall be entered the parti
culars of every
registered association.
(2)
Any interested person may, on written application to the Registrar, ins
pect the register on
payment of the prescribed fee.

5 Registration of associations
(1) Subject to section 17 (2), every association other than a foreig
n association shall — (a)
give notice of its formation to the Registrar within 14 days; and
(b)
apply to the Registrar for registration within 3 months, of its formatio
n.
(2) Every foreign association shall apply to the Registrar for registr
ation before engaging in any
activities in Mauritius.
(3)
Every notice under subsection (1) (a) and every application under
subsection (1) (b) or (2)
shall be signed by the Secretary.

6 Application for registration

(1)
Subject to subsection (2), every application under section 5 shall be
accompanied by —
(a)
2 copies of the rules of the association;
(b)
a list of the members, showing their names, occupations and addresses;
(c)
a list of the officers, showing their titles, names and addresses;
(d)
a certified copy of the minutes of proceedings of the meeting at which t
he rules were
approved and the officers were appointed;
(e)
a notice of the address of the office of the association; and
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THE REGISTRATION OF ASSOCIATIONS ACT 1979
(f)
the prescribed fee.
(2)
An application for registration under section 5 (2) shall also speci
fy —
(a)
the names and addresses of the person authorised to represent the foreig
n
association in Mauritius;
(b)
the office of the association in Mauritius; and
(c)
the nature of the activities in which the foreign association intends to
engage in
Mauritius.
(3)
The Registrar may, by written notice, require the secretary to provide
any further
information he may reasonably require for the purpose of considering the
application.
(4) Where the Registrar is of opinion that the association does not co
mply with this Act or , as the
case may be, with the Sports Act 2001, he shall give written notice to t
he secretary of the failure
to comply and afford the association a reasonable time in which to compl
y with this Act or as the
case may be, with the Sports Act 2001.

Amended by [
Act No. 29 of 1999]; [ Act No. 43 of 2001]

7 Grounds for refusal to register
(1)
An association shall not be registered where it does not comply with t
his Act or, without
prejudice to the generality of the foregoing, where —
(a) any of its objects is unlawful;
(b) it is engaged, or is about to en
gage, in activities likely to cause a
serious threat to public safety or public order or has made, is making o
r is likely to make,
available in any resources, directly or indirectly, to a terrorist or a
terrorist organization or for
the purposes of terrorism.

Amended by [
Act No. 37 of 2003]

(c) its rule
s are not clear or are ambiguous;

(d) its name —
(i) is the same as that of a registered associat
ion or so resembles
that of a registered association that the public may be deceived or misl
ed; or
(ii) is, in the Registrar’s opinion, objecti
onable or otherwise
unsuitable; or
(iii) in the case of a foreign association, its registra
tion would not be in the
interest of Mauritius.
(2)
Where the Registrar refuses to register an association, he shall by wri
tten notice inform the
secretary of the refusal and of the reason for the refusal.
(3)
Any person aggrieved by the refusal of-the Registrar to register an asso
ciation may, not later
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THE REGISTRATION OF ASSOCIATIONS ACT 1979
than twenty-one days after the date of a notice under subsection (2),
appeal to a judge in
Chambers against the decision of the Registrar and on any such appeal, t
he Judge may make
such order as he thinks fit.
Amended by [
Act No. 29 of 1992]

8 Certificate of registration
(1)
Where the Registrar is satisfied that an association should be registere
d, he shall
register the association and its rules, and issue to the association a c
ertificate of registration.
(2)
Any interested person may, on written application to the Registrar and o
n payment of the
prescribed fee, obtain a copy of the certificate of registration of an a
ssociation, or a copy or
extract of the annual return of an association under section 23 and of a
ny other document relating
to the registration of an association, certified by the Registrar.

9 Status and acts of associations

(1)
A registered association shall be a body corporate with perpetual succes
sion and a
common seal bearing its name and shall have all the rights and powers of
a natural person.
(2)
Notwithstanding any other enactment, but subject to subsection (3), an
officer may,
when acting in accordance with the rules of the association, bind the as
sociation in the same
manner as if his appointment were made by authentic deed.
(3)
No property worth more than 3,000 rupees and belonging to a registered a
ssociation
shall be disposed of, pledged, mortgaged or charged unless the transacti
on has been approved
by special resolution.
(4)
A registered association may sue and be sued under its corporate name an
d service of
any notice or process by or on the secretary shall be deemed to be servi
ce on behalf of or on the
association.
(5)
Subject to section 1 5 (3), any communication or notice addressed to a
registered
association shall be deemed to have been duly sent if forwarded to the o
ffice of the association
or, in the case of a foreign association, to its principal place of busi
ness in Mauritius.
(6)
The secretary shall give written notice to the Registrar of any change i
n the address of
the office of the association or, in the case of a foreign association o
f its principal place of
business in Mauritius, within 14 days of the change.
Repealed by [
Act No. 1 of 1983]

10 Consequences of refusal to register
(1)
Where the Registrar has refused to register an association, the associat
ion shall be
dissolved —
(a)
where no appeal has been lodged under section 7 (3), not later than on
e month after
the date of a notice under section 7 (2);
(b)
where an appeal has been lodged under section 7 (3) and the appeal has
been
dismissed, not later than one month after the date of the dismissal of t
he appeal.

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THE REGISTRATION OF ASSOCIATIONS ACT 1979
(2) Where an association which is required to be dissolved is not dissolved
within the time
specified in subsection (1), the association shall commit an offence a
nd the association shall be
wound up by the Registrar in accordance with section 18.
PART III — RULES OF ASSOCIATIONS

11 Rules of association
(1)
The rules of every registered association shall make provision for the m
atters specified
in the Schedule.
(2)
Every member shall, on his admission and on request made to the secretar
y, be entitled
to receive, on payment of any fee fixed by the association which shall n
ot exceed 5 rupees, a
copy of the rules of the registered association.

12 Minors
(1)
Subject to subsection (2), a minor may, with the written consent of hi
s responsible party,
be admitted as a member of a registered association.
(2)
No minor shall be appointed the committee, or as an officer, of a regist
ered association.

Repealed and Replaced by [
Act No. 15 of 1998]

13 Amendment of rules (1)
Subject to subsections (2) and (3), a registered association may b
y special resolution
amend its rules.
(2)
An amendment of the rules of an association shall not have effect unt
il it is registered.
(3)
An application for the registration of an amendment of the rules of a
registered
association shall be signed by the secretary and shall be accompanied by
—
(a)
2 copies of the proposed amendment of the rules;
(b)
a certified copy of the minutes of proceedings of the general meeting
at which
the special resolution to amend the rules was approved;
(c)
a declaration signed by him that section 30 has been complied with.

14 Rules to be binding
(1)
Subject to subsection (2), the registered rules of a registered asso
ciation shall bind the
association and every member and any other person claiming through a mem
ber to the same
extent as if the member or other person had subscribed his name thereto.
(2)
No person shall be liable for any debt of a registered association co
ntracted after he
has ceased to be a member.

PART IV – CANCELLATION, AMALGAMATION AND WINDING UP OF ASSOCIATIONS

15 Cancellation of registration of associations

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THE REGISTRATION OF ASSOCIATIONS ACT 1979
(1) Subject to section 1 7 (3) and to the other provisions of this sect
ion, the Registrar may
cancel the registration of a registered association on the ground that —

(a)
the registration of the association was obtained by fraud or misrepresen
tation;
(b)
the association has engaged, or is about to engage, in activities likely
to cause a
serious threat to public safety or public order or has made, is making o
r is likely to make,
available any resources, directly or indirectly, to a terrorist or a ter
rorist organization or for the
purposes of terrorism.
Amended by [
Act No. 37 of 2003]

(c)
the association has contravened its rules or this Act, and has persisted
in its default
after the Registrar has given it written notice specifying the default a
nd fixing a time which
shall not be less than twenty-one days for remedying the default, and th
at time has expired;
(d)
the association has in any way misapplied its funds; or
(e)
the association has ceased to function.
(2)
Where the Registrar is satisfied that the registration of an associati
on should be
cancelled, he shall, with the approval of the Minister, give notice to t
he secretary of his intention to
cancel the registration of the association and of the ground of his deci
sion.
(3)
A notice under subsection (2) shall be given —
(a)
by registered post; or
(b)
where the secretary of the association cannot be found or is not known,
by
publication in the Gazette and in 2 daily newspapers.
(4)
An association may, not later than twenty-one days after the date of a
notice under
subsection (2), appeal to a Judge in Chambers against the decision of
the Registrar in
accordance with section 33 and, on any such appeal, the Judge may make s
uch order as he
thinks fit.
(5)
The registration of an association shall be cancelled and the associat
ion shall be
wound up by the Registrar in accordance with section 18 —
(a)
where no appeal has been lodged under subsection (4), not later than t
wenty-one
days after the date of a notice under subsection (2);
(b)
where an appeal has been lodged under subsection (4) and the appeal ha
s been
dismissed, not later than one month after the date of the dismissal of t
he appeal.
(6)
The association may, before the expiry of the time specified in subsec
tion (5), by
special resolution designate to the Registrar a registered association t
o which any remaining
property of the association shall be transferred.

Amended by [
Act No. 29 of 1992]

16 Voluntary winding up of associations
(1)
Subject to subsections (2) and (3), a registered association may, b
y special resolution,
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THE REGISTRATION OF ASSOCIATIONS ACT 1979
decide that it shall be wound up and that any remaining property, shall
be transferred to a
registered association designated in the resolution.

(2)
Where an association has resolved that it should be wound up, the secret
ary shall, within 14
days after the resolution has been approved, give written notice of the
resolution to the Registrar
and lodge with him —
(a) a certified copy of the minutes of proceedings of the general meet
ing at which the
special resolution to wind up the association has been approved;
(b) a detailed statement of the assets and liabilities of the associat
ion; and (c) a
declaration signed by him that section 30 has been complied with.
(3)
On receipt of a notice under subsection (2) and on being satisfied tha
t the resolution to wind
up the association has been approved in acc6rdance with section 30, the
Registrar shall publish a
notice of the winding up in the Gazette and the association shall be wound up in accordance with
section 18.

17 Amalgamation of associations
(1)
Subject to subsections (2) and (4), 2 or more registered association
s may amalgamate
to form one association if a special resolution to the effect is approve
d by every registered
association concerned.
(2)
Where 2 or more registered associations have resolved to amalgamate, the
secretaries
of the registered associations concerned shall, within one month after t
he last registered
association concerned to approve a special resolution has done so, joint
ly —
(a) give written notice of the amalgamation to the Registrar; and
(b) apply, under section 5, for the registration of the association fo
rmed by the amalgamation.
(3)
Where the Registrar registers an association formed by the amalgamation
of 2 or more
registered associations he shall cancel the registration of these regist
ered associations.
(4)
The amalgamation shall take effect from the date of the registration of
the new
association under subsection (3).

18 Winding up of associations
(1)
Where a registered association is required to be wound up under section
10, 15 or 16,
all the property of that association shall vest in the Registrar who sha
ll—
(a)
use the property towards meeting, as far as possible, all the debts and
liabilities of the
association and the costs of the winding up; and
(b)
transfer any remaining property to a registered association designated b
y the
association under subsection (2) or (3).
(2)
Every association shall, on its formation, designate a registered associ
ation to which, in
the event of the association being wound up, its remaining property unde
r subsection (1) (b) shall
be transferred.

(3) A designation under subsection (2) may be varied —
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THE REGISTRATION OF ASSOCIATIONS ACT 1979
(a) by a resolution of the annual general meeting of the association;
or
(b) by a special resolution under section 15 (6) or 16 (1).

(4) Where— (a) a registered association has not designated an association under s
ubsection (2) or (3) to
which any property is to be transferred under subsection (1) (b); or
(b) the association designated under subsection (2) or (3) refuses
to accept any property to be
transferred under subsection (1) (b);

the property shall vest in the State.
(5)
Any transfer of property under subsection (1) shall be exempt from the
payment of any
duty, fee or charge which would otherwise be payable to the Government.
(6)
Any person who acts or purports to act as an officer of an association w
hich has been
wound up, or who fails to deliver to the Registrar any property of an as
sociation which is required
to be wound up, shall commit an offence.
Amended by [
Act No. 48 of 1991]

PART V — ADMINISTRATIVE PROVISIONS

19 Application of funds
(1)
Subject to this Part, no registered association shall apply its funds ex
cept for —
(a)
the furtherance of its objects;
(b)
the payment of —
(i)
reasonable emoluments to its employees;
(ii)
reasonable allowances or expenses to its officers; and
(iii)
reasonable expenses for its administration, including the auditing of it
s accounts.
(2)
The committee of a registered association shall not incur any expenditur
e —
(a)
during the period between the accounting date and the next annual genera
l meeting, in
excess of one sixth of the expenditure in the preceding accounting perio
d;
(b)
at any other time —
(i)
in excess of 1,000 rupees under any one item;
(ii)
in excess of 4,000 rupees in any year, unless the expenditure has been
previously approved by a general meeting.
(3)
Except with the approval of the Minister, no mutual aid society shall, i
n any accounting
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THE REGISTRATION OF ASSOCIATIONS ACT 1979
period, incur expenditure—
(a)
under subsection (1) (b) (i) and (ii), in excess of 12 per cent;
or
(b)
under subsection (1) (b) (i), (ii) and (iii), in excess of 15
per cent,

of the revenue of the society during that period.

(4) A registered foreign association shall not —
(a) collect funds, or act as an agent, in Mauritius on
behalf of any person;

(b) except — (i)
with the approval of the Minister; and
(ii)
on compliance with the Exchange Control Act,
transfer its property or funds to any country outside Mauritius; and

(c) make any payment in Mauritius — (i)
on behalf of a person not resident in Mauritius; or
(ii)
in respect of any activity of the association other than its activities
in Mauritius.
(5) Where any payment is made in contravention of subsection (4), th
e Registrar may, on behalf
of the foreign association, recover the amount paid from the person maki
ng the payment or from
the payee.
(6) Notwithstanding any other enactment, a suit by the Registrar under
subsection (5) shall be
entered before the Supreme Court by plaint with summons.

20 Records and accounts

(1)
Every officer who is responsible for keeping any account of a registered
association or
for the collection, receipt, disbursement, custody or control of the mon
ey of the association shall
keep a record of all money received and paid by him for and on behalf of
the association and shall
—
(a)
at least once a year on the accounting date;
(b)
on his resignation;
(c)
on vacation of his office; or
(d)
where required so to do by the rules of the association or this Act, or,
as the case may
be, with the Sports Act 1999,
render to the association a true account of all money received, and paid
by him since his
appointment or since he last rendered an account whichever occurs later.
(2)
The treasurer of every registered association shall, once a year, not la
ter than one
month after the accounting date, prepare and submit to the committee a s
tatement of all receipts
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THE REGISTRATION OF ASSOCIATIONS ACT 1979
and payments of the association in respect of the accounting period and
of the assets and
liabilities of the association existing on the accounting date.
(3)
Every officer shall, if so required, hand over to the association the ba
lance which on any
audit appears to be due from him and all bonds, securities and effects,
books, papers or other
property of the association in his possession, under his control or entr
usted to his custody.
(4)
Where an officer fails to comply with subsection (3) the committee, an
y member or the
Registrar, acting on behalf of the association, may recover from him by
judicial process —
(a)
the balance due upon any account last rendered by him;
(b)
all other money received by him on account of the association; and
(c)
all bonds, securities and effects, books, papers or other property in hi
s possession,
under his control or entrusted to his custody.

Amended by [
Act No. 27 of 1986]; [ Act No. 29 of 1999] 21
Audit
(1)
The committee of every registered association shall —
(a)
cause the statement prepared under section 20 to be audited by the audit
or before
submitting it to the annual general meeting;

(b) (i) once a year not later than 2 months after the
accounting date; and
(ii) at such other times as may be required by the r
ules, cause the accounts of the
association to be audited by the auditor.
(2) The committee shall, upon written request by th
e auditor, submit the accounts of the
association for audit.

22 Annual general meeting
(1)
Every registered association shall, not later than 3 months after its ac
counting date, hold
an annual general meeting.
(2)
The committee of every registered association shall submit for the appro
val of its
members at the annual general meeting of the association –
(a)
the statement prepared under section 20 (2); and
(b)
in the case of a large association, an estimate of the expenditure of th
e association, in
the accounting period ending on the next accounting date.
(3)
The treasurer of every registered association shall, on the application
of a member,
deliver to him a copy of the statement of estimate required to be submit
ted for the approval of the
members under subsection (2).
(4)
Every association shall, for a period of 12 months beginning not later t
han one week
before the annual general meeting, cause a copy of every document requir
ed to be submitted to
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THE REGISTRATION OF ASSOCIATIONS ACT 1979
the meeting under subsection (2) to be prominently displayed, and made
available for inspection
by a member, at every place of business maintained by the association.

23 Annual return
(1)
The secretary of every registered association shall, not later than 3 mo
nths after the
accounting date in every year, forward to the Registrar a return contain
ing —
(a)
a certified copy of the statement required to be submitted to the annual
general meeting
under section 22, together with a declaration specifying whether the sta
tement has been
approved by the meeting;
(b)
a statement of the names and postal addresses of the officers of the ass
ociation;
(c)
a return of the membership of the association as on 31 December of the p
receding
year; and
(d)
where the association has amended its rules during the accounting period
, a copy of the
rules of the association as amended.
(2)
The secretary shall, within 14 days of any change among the officers of
a registered
association, give written notice of the change to the Registrar.

24 Register of members and records

(1)
Every registered association shall keep an up to date register of its me
mbers.

(2) Every registered association shall retain — (a)
for a period of not less than 3 years after the last date to which they
relate —
(i)
all books, statements of account and auditors’ reports;
(ii)
all registers of members, and all records of money paid by members to th
e
association;
(b)
for a period of not less than 3 years after their date of origin, all mi
nutes of meetings,
vouchers, receipts, correspondence and other documents relating to the a
ffairs of the
association.
(3) Every registered association shall ensure that all the books and d
ocuments of the association
and the register of its members are available for inspection by the Regi
strar or by a member at its
office or, in the case of a foreign association, at its principal place
of business in Mauritius.

25 Officers
(1)
No person shall be qualified to become an officer or, having been so app
ointed or
elected, shall act as such where —
(a)
he is an undischarged bankrupt; or
(b)
he has, within the 3 preceding years, been convicted of any offence invo
lving fraud or
dishonesty.

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THE REGISTRATION OF ASSOCIATIONS ACT 1979
(2) In the case of a large association, no person shall be qualified to be —

(a) an officer, other than the auditor — (i)
unless he has been a member for more than 6 months; or

(ii)
where the association has been registered for less than 6 months, he has
been a
member since the date of the registration of the association;
(b) a president, treasurer or secretary, unless he can read and write
English or French; (c)
an auditor, unless he has such qualifications as may be prescribed.
26 Security

(1)
Where the rules of a registered association provide that an officer shal
l be required to
furnish security, no person shall take up appointment, or act or purport
to act, as an officer unless
he has furnished security in accordance with the rules.
(2)
The secretary of every registered association shall, within 15 days of t
he date on which
an officer has furnished security under subsection (1), deposit the in
strument witnessing the
security with the Registrar.

27 Establishment of branches

(1)
Subject to the other provisions of this section, an association may esta
blish branches.
(2)
Except where a branch established in a village is composed of more than
100 members,
not more than one branch shall be established in a village.
(3)
Where an association establishes or dissolves a branch it shall give wri
tten notice of the
establishment or dissolution of the branch, as the case may be, to the Registrar not late
r than 14
days after the date of the establishment or dissolution.
(4)
Where the officers of a branch are not all elected by its members, the n
umber of officers
to be elected or appointed by the members shall not be less than half th
e total number of officers
of the branch.

(5) Where an association has established a branch — (a)
no person shall be admitted a member of the branch except by a decision
of the
committee and on the written recommendation of the branch;
(b)
the association and the branch shall each keep a register of members of
the branch;
(c)
no person shall —
(i)
vote at a meeting of the branch;
(ii)
be a delegate of the branch;
(iii)
be an officer of the branch,
unless he has been a member of the branch for more than 3 months.

28 General meetings of large associations
(1)
Every notice convening an annual general meeting of a large association
shall be
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published, not less than 14 days before the date of the meeting, in one
daily newspaper approved
by the Registrar.

(2) Every notice under subsection (1) shall specify —
(a)
that the meeting is convened as an annual general meeting; and
(b)
that the matters to be considered at the meeting will include —
(i)
the statement of accounts of the association prepared under section 20 (
2); and
(ii)
where appropriate, the election of the officers.
(3) Subject to section 30 (2), at a general meeting of a large assoc
iation —
(a)
subject to the rules of the association, a member may vote by proxy thro
ugh another
member;
(b)
no member shall vote as proxy for more than 9 members.

29 General meetings of delegates
(1)
Subject to subsection (2) and section 28, where the general meeting of
a large
association consists in a meeting of delegates of branches of the associ
ation, the association
shall, not later than 14 days before the general meeting, give each bran
ch written notice of the
general meeting, specifying —
(a)
the matters to be considered at the meeting;
(b)
the number of delegates to be elected by the branch; and
(c)
the number of delegates to be elected by every other branch of the assoc
iation.
(2)
Every branch shall, not later than 7 days after receiving a notice under
subsection (1),
convene a branch general meeting at which —
(a) all the matters to be discussed at the general meeting of the dele
gates shall be considered;
(b) the delegates to represent the branch shall be elected.
(3)
For the purposes of a general meeting of delegates of branches of a larg
e association —
(a) subject to paragraph (b), the rules of the association shall spe
cify the basis, which shall be
the same for all branches, on which the number of delegates of a branch
shall be determined;

(b) no branch shall be entitled to elect — (i) less than 2 delegates;
(ii) any delegate unless the branch was established more than 5 months
before the date
of the general meeting.
`
(4) Repealed by [
Act No. 18 of 1997]

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30 Special resolution

(1) A special resolution shall be of no effect unless — (a) it has been approved by a majority of all the members of the regis
tered association at a
general meeting;
(b) not less than 14 days notice of the general meeting and of the pro
posed resolution has
been given to the members in the manner provided by the rules of the ass
ociation; and
(c) in the case of a large association, a notice that a general meetin
g is to be held to consider a
special resolution has been published in a daily newspaper approved by t
he Registrar.
(2)
At a general meeting of an association held for the purposes of subsecti
on (1) —
(a)
a member may vote by proxy through another member;
(b)
no member shall vote as proxy for more than 20 members.
PART VI- MISCELLANEOUS

31 Powers of Registrar
(1)
The Registrar may inspect and audit the books of a registered associatio
n and its bank
and cash balances.
(2)
Every officer or former officer shall, on written notice from the Regist
rar, produce to him,
at such time and place as may be specified in the notice, any book or do
cument in the custody of
the officer or former officer.

32 Inquiry into affairs and conduct of association

(1) The Registrar — (a) may, if he has reasonable ground to believe that any condition spe
cified in section 1 5 (1)
exists in relation to a registered association; and

(b) shall, upon the written application of—
(i)
one tenth of the members of a large association; or
(ii)
one fifth of the members of an association, other than a large associati
on, call for
all accounts, and documents relating to the association and institute an
inquiry into the
affairs and conduct of the association.
(2) The Registrar may summon witnesses, and examine them on oath.
(3)
Any person summoned to attend as a witness or to produce any document be
fore the
Registrar shall be bound to obey the summons in the same manner as a wit
ness is bound to obey
a summons issued by the Supreme Court.

(4) Any person who — (a) refuses or omits to attend at the time and place mentioned in a su
mmons;
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(b) refuses to be sworn or give evidence;
(c) fails to produce any document in his possession or under his contr
ol,
shall commit an offence.
(5) No evidence given before the Registrar shall — (a) give rise to any civil or criminal proceedings, other than a prose
cution for perjury, against
any person giving such evidence;
(b) be admissible against any person in any civil or criminal proceedi
ngs, except in the case of
a witness who may be accused of having given false evidence before the R
egistrar conducting
an inquiry under this Act.
(6) Any person who gives false evidence before the Registrar shall com
mit an offence and shall,
on conviction, be liable to imprisonment for a term not exceeding 6 mont
hs.
(7)
Every enactment relating to witnesses and evidence shall, subject to the
other provisions
of this Act, be applicable to every witness appearing, and to every evid
ence given, before the
Registrar.
(8)
At the conclusion of the inquiry, the Registrar shall, subject to subsec
tion (9), draw up
and forward a report of his findings, together with his recommendations,
to the Minister who may
make such order in the matter as he thinks fit.
(9)
Where at the conclusion of an inquiry the Registrar is of opinion that t
he registration of
an association should be cancelled he shall comply with section 15.

33 Appeals
(1) Every notice of appeal under section 7 (3) or 15 (4) shall —
(a)
be in writing; and
(b) specify the ground of appeal.
(2) The Registrar shall as soon as practicable forward to the Master a
nd Registrar, for
transmission to the Judge in Chambers, the notice of appeal together wit
h a statement of the
material facts considered by him and of his decision on the whole matter
and on any point which
may be specified as a ground of appeal, and shall also furnish to the Ju
dge any further
information which the Judge may require and which he is able to furnish.
(3) The Master and Registrar shall give to the Registrar written notic
e of the decision of the Judge
on an appeal under this section, and the Registrar shall give effect to
the decision.
(4)
No costs shall be awarded against the Registrar on an appeal under this
section.

(5)
The Chief Justice may make rules for regulating the practice and procedu
re in respect of
appeals under this section.

34 Registrar’s certificate to be evidence

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A certificate under the hand of the Registrar as to the names of the off
icers or members of a registered
association or any other fact required by this Act to be registered shal
l be prima facie evidence of the facts
stated therein.

35 Repealed by [
Act No. 27 of 1986]

36 Exemptions
The Minister may, by regulations, exempt any association, including a fo
reign association, from
registration under section 5;

Amended by [
Act No. 27 of 1986] 37 Offences and penalties

Any association, officer or other person who fails to comply with this A
ct or any order made under section
32 (8) shall commit an offence and shall, on conviction, be liable to
a fine not exceeding 500 rupees and to
imprisonment for a term not exceeding 3 months.

38 Regulations

(1)
The Minister may make such regulations as he thinks fit for the purposes
of this Act.
(2)
Any regulations made under subsection (1) may provide for the taking o
f fees.

——————-
SCHEDULE
(section 11)
Matters to be provided for by the rules of registered associations
1
The name of the association.
2
The objects of the association.
3
The mode of admission, rejection and removal of members, the keeping of
an up to date register of
members.
4
The mode of holding meetings, the right and mode of voting at such meeti
ngs.
5
The appointment and removal of officers.
6
The investment of any funds, the keeping of full and accurate accounts b
y the treasurer and the audit of
such accounts.
7
The accounting period of the association, which shall be 12 months.
8
The furnishing of security by officers responsible for the collection an
d management of money on behalf
of the association.
9
The fines and forfeitures which may be imposed on any member of the asso
ciation.

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10 The inspection of the books of the association by any person having an i
nterest in the funds of the
association.
11
Where any financial benefits are payable to the members, the circumstanc
es in which those benefits are
to be paid and the amounts of those benefits.
12
Where any remuneration is payable to an officer, the amount of the remun
eration.
13
The number of requisitionists, being not less than one tenth of the memb
ers who may require the holding
of a general meeting of the association.
14 The audit of the accounts of the association to be carried out at l
east once a year.

Amended by [
Act No. 27 of 1986]

Related documents:
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