Societies Act · 2010 Revised Edition · Part VII · Enforcement
40. Liability of office-bearer in respect of offences by society
Official textFrom Attorney General's Chambers, unchanged
Where any offence punishable with a fine or imprisonment has been committed, whether or not any person has been convicted in respect thereof, and such offence has been committed or purports to have been committed by a society or in the name or on behalf of a society, every office-bearer of the society and every person managing or assisting in the
society
“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.
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management of the society at the time of the commission of such offence is guilty of such offence and liable on conviction to the punishment prescribed by law therefor, unless he proves to the court that the offence was committed without his knowledge and that he had exercised all due diligence to prevent the commission of the offence.
Any such office-bearer and person shall be liable to be prosecuted under this section, notwithstanding that he may not have taken part in the commission of the offence.
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;
In any prosecution under subsection (1), any document found in the possession of any such office-bearer or person or of any other member of such society or in any place used or controlled by such society shall be prima facie evidence of the contents thereof for the purpose of proving that anything has been done or purports to have been done by or on behalf of the society.
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;
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.