Societies Act · 2010 Revised Edition · Part V · Branches of Registered Societies
28. Liability of society in respect of contracts entered into by branch
Official textFrom Attorney General's Chambers, unchanged
Notwithstanding anything contained in section 27, a registered society shall not sue or be sued in respect of any contract entered into by any branch thereof or by any office-bearer of any such branch unless such contract —
registered society
“registered society” means a society registered under section 8(3);
has been entered into by the branch by virtue of express written approval given to it by the committee or governing body of the registered society; or
is a contract within a particular class or description of contracts which the branch is authorised by the registered society to enter into.
The provisions of sections 21(c), (d) and (e) shall be construed accordingly in their application to any suit, proceedings, judgment or application for execution in relation to any contract entered into by a branch of a registered society.
Without prejudice to subsection (1), where a branch, referred to in this subsection as the “subordinate branch”, is under the control and is responsible to another branch, referred to in this subsection as the “superior branch”, the superior branch may sue or be sued for contracts entered into by the subordinate branch if such contract —
has been entered into by the subordinate branch by virtue of an express written approval given to it by the superior branch; or
is a contract within a particular class or description of contracts which the subordinate branch is authorised by the superior branch to enter into:
Provided that a branch shall, in any case, be considered to be under the control of and responsible to another branch if members of the superior branch are nominated, elected or otherwise chosen from the members of the subordinate branch.
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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);
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 VI
Unlawful Societies
Part VII
Enforcement
Part VIII
Offences
Part IX