Societies Act · 2010 Revised Edition · Part IV · Registered Societies
18. Disqualifications applicable to office-bearers, advisers and employees of registered societies
Official textFrom Attorney General's Chambers, unchanged
Subject to subsections (2) and (4), a person shall be disqualified from being an office-bearer, adviser or employee of a registered society if —
office-bearer
“office-bearer” means any person who is the president, vice-president, secretary or treasurer of any society or any branch thereof, or who is a member of a committee or governing body of any society or any branch thereof who holds in such society or branch any office or position analogous to that of a president, vice-president, secretary or treasurer;
he has been convicted of an offence against this Act;
whether within or outside Brunei Darussalam, he has been convicted of an offence involving dishonesty or moral turpitude or of an offence punishable with a fine exceeding $2,000 or to imprisonment for a term exceeding one year;
whether within or outside Brunei Darussalam, an order of detention, restriction, supervision, restricted residence, banishment or deportation under any other written law has been made against him;
he is an undischarged bankrupt;
he is and has been found or declared to be of unsound mind.
The disqualification of a person under subsections (1)(b) or (c)
shall cease after a period of 5 years beginning with the date on which the person convicted was released from custody or the date on which any fine was imposed or the date on which the order ceased, as the case may be.
Where the Registrar by notice under his hand notifies a society that any office-bearer, adviser or employee of the society has become disqualified under subsection (1), the society shall immediately give effect to such disqualification.
Registrar
“Registrar” means the Registrar of Societies appointed under section 3(1) and includes any Deputy Registrar;
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Any person who is subject to any disqualification under subsections (1)(a), (b) or (c) may apply to the Registrar to be exempted from such disqualification and the Registrar may, if he thinks it proper to do so, exempt such person for such period as he may specify and subject to such conditions as he may impose.
Any person who fails to comply with or contravenes subsection
or any condition imposed under subsection (4) is guilty of an offence and liable on conviction to a fine not exceeding $10,000, imprisonment for a term not exceeding 3 years or both.
In subsection (1), “office-bearer” includes —
a member of any sub-committee or other body established or formed by the governing body of a registered society or by the governing body of any branch thereof;
a person who is responsible to any extent for the management of any of the affairs or the conduct of any activities, of a registered society or of any branch thereof; and
a person who is appointed or authorised to represent or act on behalf of, a registered society or any branch thereof in any matter, other than a person who, not being a member of the society, is engaged by the society to represent or act on behalf of, the society or any branch thereof in his professional capacity or by contractual arrangement.
Terms defined in s 2
office-bearer
Defined · s 2“office-bearer” means any person who is the president, vice-president, secretary or treasurer of any society or any branch thereof, or who is a member of a committee or governing body of any society or any branch thereof who holds in such society or branch any office or position analogous to that of a president, vice-president, secretary or treasurer;
registered society
Defined · s 2“registered society” means a society registered under section 8(3);
Registrar
Defined · s 2“Registrar” means the Registrar of Societies appointed under section 3(1) and includes any Deputy Registrar;
society
Defined · s 2“society” includes any club, company, partnership or association of 10 or more persons whatever its nature or object, whether temporary or permanent, but does not include — (a) any company incorporated or registered under the Companies Act; (b) any body corporate incorporated or constituted under any written law; (c) any trade union registered or required to be registered under the Trade Unions Act; (d) any company, association or partnership formed for the sole purpose of carrying on any business that has for its object the acquisition of gain by the company, association, partnership or by the individual members thereof; (e) any co-operative society registered under the Co-operative Societies Act; (f) any organisation or association that forms part of the curriculum of a school; (g) any school, management committee of a school, parents’ association or parent-teachers’ association registered or exempted from registration under any written law; (h) any organisation or association formed by any Government department or ministry whose members wholly consist of public servants. Appointment of Registrar, Deputy Registrars and Assistant Registrars.
Part V
Branches of Registered Societies
Part VI
Unlawful Societies
Part VII
Enforcement
Part VIII
Offences
Part IX