Industrial and Provident Societies Act.-1923. to be also offences by 54. (1) Every offence by a society under this Act shall be deemed Offences by societies to have been also committed by every officer of the same bound by the rules thereof to fulfil the duty whereof such offence is a breach, U.K. 56 & 57 or, if there is no such officer, then by every member of the com- Vict. c. 39 s., 63. mittee of the same, unless such member is proved to have been ignorant of or to have attempted to prevent the commission of such offence. (2) Every act or default under this Act constituting an offence, if continued, shall constitute a new offence on every day during which the same continues. Ibid., s. 64. 55. (1) If any person obtains possession by false representation Punishment of fraud or imposition of any property of a society or, having any property or misappropriation. of a society in his possession, withholds or misapplies the same oi wilfully applies any part thereof to purposes other than those expressed or directed in the rules of the society and authorised by this Act, he shall, on the complaint of the society, or of any member authorised by the society or the committee thereof, or of the Registrar, be liable- (a) on summary conviction to a penalty not exceeding Twenty Pounds with costs; and (b) to be ordered to deliver up all such property or to repay moneys applied improperly; and all (c) in default of such delivery or repayment or of the payment of such penalty, to be imprisoned for a term of not more than three months. (2) Nothing in this section shall prevent any such person from being proceeded against by way of indictment, if not previously convicted of the same offence under this Act. falsification. 56. If any person wilfully makes, or orders or allows to be made, Penalty for 57. If any officer of a society, or any person on its behalf- he Penalty for not using name of society, &c. Ibid., s. 66. Delivery of untrue Cf. U.K. 56 & 57 Penalty for holding or claiming interest in excess of £500. Industrial and Provident Societies Act.-1923. he shall be liable to a penalty not exceeding Fifty Pounds, and shall further be personally liable to the holder of any such bill of exchange, promissory note, cheque, or order for money or goods for the amount thereof, unless the same is duly paid by the society. 58. It shall be an offence against this Act if any person, with intent to mislead or defraud, gives to any other person a copy of any rules, other than the rules for the time being registered under this Act, on the pretence that the same are existing rules of a particular society, or that there are no other rules of a particular society, or gives to any other person a copy of any rules on the pretence that such rules are the rules of a registered society when the society is not registered. 59. Any person (other than a registered society) who, after in shares of society the expiration of three months from the time when he becomes entitled to the interest hereinafter mentioned, has or claims in the shares of a society any interest exceeding Five Hundred Pounds shall be guilty of an offence against this Act. New. Penalties for ordinary offences. U.K. 55 & 57 Vict. c. 39, s. 68. Recovery of penalties. Ibid., s. 69; 3 & 4 Geo. V. 31, s. 11. Service of process Cf. Companies Evidence of documents. Ibid., s. 75. 60. Every society or officer or member of a society or other person guilty of an offence against this Act for which no penalty is expressly provided herein shall be liable to a penalty not exceeding Twenty Pounds. 61. (1) Every penalty imposed by this Act shall be recoverable summarily. (2) Any such penalty shall be recoverable at the suit of the Registrar, or of any person aggrieved, or of the society. (3) Any costs or expenses ordered or directed by the Registrar to be paid by any person under this Act shall be recoverable before a Local Court as a civil debt. 62. Where proceedings are taken against a society for the recovery of any penalty under this Act, the summons or other process shall be sufficiently served by leaving the same or a true copy thereof at the registered office of the society, or by sending the same or a true copy thereof through the post in a prepaid letter addressed to the society at its registered office. Supplemental. 63. (1) Every instrument or document or copy of rules bearing the signature of the Registrar, and every copy or extract bearing the signature of the Registrar of or from any instrument or document, shall be received in evidence without further proof. (2) Every document purporting to be signed by the Registrar or any inspector or auditor under this Act shall, in the absence of any evidence to the contrary, be received in evidence without proof of the signature. (3) A Industrial and Provident Societies Act.-1923. (3) A copy of any rules of a society certified under the hand of the Registrar to be a true copy thereof shall be prima facie evidence that such rules were rules of the society therein mentioned and were in force at the date mentioned in the certificate of the Registrar. 64. All moneys received for fees payable under this Act shall be Moneys collected to paid to the Treasurer for the public uses of the State. be paid into revenue. 65. (1) The Governor may make regulations for or with respect Regulations. to (a) registration and procedure under this Act: (b) the duties and functions of the Registrar and of the Deputy Registrar of Industrial and Provident Societies: (c) the making, contents, and registration of returns and (d) the books and accounts to be kept by societies under this (e) the inspection of documents kept by the Registrar under (f) the forms to be used under this Act and the alteration of any forms prescribed: (g) the fees to be paid for matters to be transacted or for the inspection of documents, or for certified copies of or extracts from documents, under this Act: (h) generally, all matters or things necessary or convenient to be prescribed for carrying this Act into effect. (2) Any such regulation may impose a penalty for a breach of the same or of any other regulation not exceeding in any case the sum of Twenty Pounds. In the name and on behalf of His Majesty, I hereby assent to this Bill. TOM BRIDGES, Governor. SCHEDULES. MATTERS TO be provided FOR BY THE RULES OF SOCIETIES REGISTERED UNDER 1. Object, name, and registered office of the society. 2. Terms of admission of the members, including any society or company investing funds in the society under the provisions of this Act. 3. Mode of holding meetings, scale and right of voting, and of making, altering, or rescinding rules. 4. The appointment and removal of a committee of management, by whatever name, and of managers or other officers, and their respective powers and remuneration. 5. Determination of the amount of interest, not exceeding Five Hundred Pounds sterling, in the shares of the society which any member other than a registered society may hold. 6. Determination whether the society may contract loans or receive money on deposit subject to the provisions of this Act from members or others; and, if so, under what conditions, on what security, and to what limits of amount. 7. Determination whether the shares or any of them shall be transferable; and provision for the form of transfer and registration of the shares, and for the consent of the committee thereto; determination whether the shares or any of them shall be withdrawable, and provision for the mode of withdrawal and for payment of the balance due thereon on withdrawing from the society. 8. Provision for the audit of accounts and for the appointment of auditors. 9. Determination whether and how members may withdraw from the society, and provision for the claims of the representatives of deceased members, or the trustees of the property of insolvent members, and for the payment of nominees. 10. Mode of application of profits. 11. Provisions for the custody and use of the seal of the society. 12. Determination whether, and by what authority, and in what manner, any part of the capital may be invested. Section 12. THIRD SCHEDULE. ACKNOWLEDGMENT OF REGISTRATION OF AMENDMENT OF RULES. Limited, is registered under the day of 19 Industrial and Provident Societies Act, 1923. Registrar of Industrial and Provident Societies. Industrial and Provident Societies Act.—1923. FOURTH SCHEDULE. FORMS OF BOND. Industrial and Provident Societies Act, 1923. (a) Know all men by these presents, that we, A.B., of one of the officers of the (hereinafter referred to as "the society "), whose registered office is at and C.D., of Limited (as surety on behalf of the said A.B.), are jointly and severally held and firmly bound to the society, or its certain attorney, for which payment well and truly to be made we of the Whereas the above-bounden A.B. has been duly appointed to the office of Limited, and he, together with the above-bounden C.D. as his surety, have entered into the abovewritten bond, subject to the condition hereinafter contained: Now, therefore, the condition of the above-written bond is such, that if the said A.B. do render a just and true account of all moneys received and paid by him on account of the society, at such times as the rules thereof appoint, and do pay over all the moneys remaining in his hands, and assign and transfer or deliver all property (including books and papers) belonging to the society in his hands or custody to such person or persons as the society or the committee thereof appoint, according to the rules of the society, together with the proper and legal receipts or vouchers for such payments, then the above-written bond shall be void, but otherwise shall remain in full force. Signed, sealed, and delivered by the said A.B. in the presence of Signed, sealed, and delivered by the said C.D. in the presence of (hereinafter referred to as "the society "), whose registered office is at in the sum of Pounds sterling to be paid to the society or its assigns, for which payment to be truly made to the society or its certain attorney or assigns I bind myself, my heirs, executors, and administrators, by these presents sealed with my seal. [And know further that I [we] as surety [sureties] for the above-named principal obligor and such obligor are jointly and severally bound to the society in the sum aforesaid to be paid to the society, or its assigns, for which payment to be truly made to the society or its certain attorney or assigns we firmly bind ourselves and each of us and each of our heirs, executors, and administrators by these presents sealed with our seals.] Dated the day of 19 The condition of the above-contained bond is that if the said faithfully executes the office of to the society during such time as he continues to hold the same in virtue either of his present appointment, or of any renewal thereof if such office is of a renewable character [without wasting, embezzling, losing, misspending, misapplying, or unlawfully making away with any of the moneys, goods, chattels, wares, merchandise, or effects whatsoever of the said society at any time committed to his charge, custody, or keeping by reason or means of his said office], and renders a true and full account of all moneys received or paid by him on its behalf as and when he is required by the committee of management of the society for the time being, and pays over all the moneys remaining in his hands from time to time, and assigns, transfers, and delivers up all securities, books, papers, property, and effects whatsoever of or belonging to the society in his charge, custody, or keeping to such person D-1588 or Section 39. |