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Friendly Societies Act, 1956 (Act No. 25 of 1956)

Chapter V : Enquiries and Investigations, Applications to Court, Cancellation or Suspension of Registration and Dissolution of Societies

36. Cancellation or suspension of registration

 

(1) The Authority shall cancel the registration of a society —
(a) on proof to his satisfaction that the society has ceased to exist; or
(b) if the Authority and the society are agreed that the society was registered by mistake in circumstances not amounting to fraud:

Provided that in the circumstances stated in paragraph (b), the Authority may suspend the registration in lieu of cancelling it, if he is satisfied that by so doing the society will be furnished with an opportunity of rectifying the said mistake in a manner consistent with the provisions of this Act, and if the society does rectify such mistake to the satisfaction of the Authority, the latter shall thereupon reinstate the said registration, as from the date of suspension but if the mistake is not rectified within a period specified by the Authority he shall cancel the registration of the society.

 

(2) The Authority may apply to the court for the cancellation or suspension of the registration of a society if —
(a) the society has wilfully and after notice from the Authority violated any provision of this Act; or
(b) the Authority is of opinion, as the result of an investigation under section thirty-two, that the registration should be cancelled or suspended; or
(c) the society has failed to comply with any requirement of the Authority indicated to it in terms of subsection (5) of section five or with any such requirement as modified in terms of paragraph (b) of subsection (5)bis of that section within any period determined in terms of the said subsection (5)bis.

[Section 36(2)(c) inserted by section 2 of Act No. 60 of 1963]

 

(3) The court may cancel the registration of the society or suspend such registration for such period as it thinks fit, and may attach to such cancellation or suspension such conditions as it thinks desirable, or may make any other order which in the circumstances it thinks desirable.

 

(4) Unless the court otherwise orders, the costs of the Authority or in connection with the application shall be paid by the society and shall be a first charge upon the assets of such society.