Section 1
PRELIMINARY - 1. Short title
Section 1. Short title Section This Act may be cited at the Societies Act.
Statute
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Section 1
Section 1. Short title Section This Act may be cited at the Societies Act.
Section 2
Section 2. Interpretation Section 2(1)(a) a company or foreign company registered under the Companies Act (Cap. 486); Section 2(1)(b) any corporation incorporated by or under any other written law; Section 2(1)(c) a registered trade union within the meaning of the Labour Relations Act (Cap. 233), including a branch of a trade union registered under that Act, a probationary trade union within the meaning of that Act and a trade union or a branch of a trade union whose application for registration has been made and not determined; Section 2(1)(d) a company, firm, association or partnership consisting of not more than twenty persons, formed and maintained with a view to carrying on business for profit; Section 2(1)(e) a co-operative society registered as such under any written law; Section 2(1)(f) a school registered under the Basic Education Act (Cap. 211), Advisory Council, Board of Governors, District Education Board, School Committee or similar organization established under and in accordance with the provisions of any written law relating to education; Section 2(1)(g) a building society as defined by the Building Societies Act ( Cap. 489 ); Section 2(1)(h) a bank licensed under t...
Section 3
Section 3. Societies established in Kenya Section it is organized and is operating wholly outside Kenya; and
Section 4
Section 4. Unlawful societies Section 4(1)(i) it is formed for an unlawful purpose; or Section 4(1)(ii) the Cabinet Secretary has declared it, by order, to be a society dangerous to the good government of the Republic; or Section 4(1)(iii) the Registrar has notified the society (whether or not before the making of the application) that he intends to refuse registration or exemption from registration on one of the grounds specified in section 11 (1)(b) of this Act. Section 4(2) The Registrar shall consider every application for registration of a society or for exemption from registration and shall communicate his decision thereon to the society within one hundred and twenty days of receipt of the application. Section 4(3) Where a society which is not a registered society or an exempted society has applied for registration or exemption from registration, and is saved by the proviso to subsection (1) of this section from becoming an unlawful society, no person shall, except with the written permission of the Registrar, collect or invite subscriptions or donations to the funds of the society or in any other way whatever organize or take part in any activity of or on behalf of the socie...
Section 5
Section 5. Managing unlawful society Section Any person who manages or assists in the management of an unlawful society shall be guilty of an offence and be liable to imprisonment for a term not exceeding three years or to a fine not exceeding ten thousand shillings, or to both such imprisonment and such fine. [Act No. 10 of 1997 , Sch.]
Section 6
Section 6. Being member of unlawful society Section is a member, or attends any meeting, of that society; or
Section 7
Section 7. Prohibition of specified acts by or on behalf of certain societies Section 7(1)(a) by any person on behalf of or in relation to any society associated with such society; or Section 7(1)(b) by any person on behalf of or in relation to any society which in the opinion of the Cabinet Secretary has objects similar to the objects of such society, Section 7(2) An order under subsection (1) of this section shall continue in force for such period (not exceeding six months) as may be specified therein: Provided that this subsection shall not preclude the Cabinet Secretary from making a further order or orders, with or without variations, where it appears to him to be in the public interest so to do. Section 7(3) Any person who contravenes an order made under subsection (1) of this section shall be guilty of an offence and liable to a fine not exceeding five thousand shillings or to imprisonment for a term not exceeding six months, or to both such fine and such imprisonment. Section 7(4) Without limiting the meaning of the word "associated", for the purposes of this section a society shall be deemed to be associated with a society which has been refused registration or has had its...
Section 8
Section 8. Appointment of Registrar of societies and other officers Section The Cabinet Secretary shall, by notice in the Gazette , appoint a Registrar of Societies to perform the duties and exercise the powers imposed and conferred on the Registrar by this Act, and may appoint a Deputy Registrar and any number of Assistant Registrars, who shall be subject to the directions of the Registrar. [Act No. 19 of 2015 , s. 11.]
Section 9
Section 9. Society to apply for registration or exemption Section Every society shall, in the prescribed manner and within twenty-eight days after the formation thereof, make application to the Registrar for registration or for exemption from registration under this Act.
Section 10
Section 10. Manner of effecting registration or exemption from registration Section 10(1) Upon application being made in the prescribed manner for registration of a society, the Registrar shall, subject to this Act, register the society by entering in the register of societies, kept for the purpose, the prescribed particulars and the date of the entry. Section 10(2) Upon application being made in the prescribed manner for exemption of a society from registration, the Registrar may, with the approval of the Cabinet Secretary, so exempt the society, and if he does not so exempt the society he shall treat the application as an application for registration and shall, subject to the provisions of this Act, register the society. Section 10(3) Upon registering a society or exempting it from registration, the Registrar shall issue to the society a certificate of registration or exemption from registration in the prescribed form. [Act No. 19 of 2015 , s. 12.]
Section 11
Section 11. Refusal of registration Section 11(1)(a) he is satisfied that such society is a branch of, or is affiliated to or connected with, any organization or association of a political nature established outside Kenya; or Section 11(1)(b) any of the proposed officers has been at any time an officer of a society which has been refused registration or which has had its registration cancelled under section 12 of this Act. Section 11(2)(a) he has reasonable cause to believe that the society has among its objects, or is likely to pursue or to be used for, any unlawful purpose or any purpose prejudicial to or incompatible with peace, welfare or good order in Kenya, or that the interests of peace, welfare or good order in Kenya would otherwise be likely to suffer prejudice by reason of the registration of the society; or Section 11(2)(b) the Cabinet Secretary has, under paragraph (ii) of the proviso to section 4 (1) of this Act, declared it to be a society dangerous to the good government of the Republic; or Section 11(2)(c) the terms of the constitution or the rules of the society are in any respect repugnant to or inconsistent with any law; or Section 11(2)(d) he is satisfied that t...
Section 12
Section 12. Cancellation or suspension of registration Section 12(1)(a) the society has, where he has reasonable cause to so believe, among its objects, or is likely to pursue, or to be used for, any unlawful purpose or any purpose prejudicial to or incompatible with peace, welfare or good order in Kenya; or Section 12(1)(b) the interests of peace, welfare, or good order in Kenya would, where he has reasonable cause to believe, be likely to be prejudiced by the continued registration of the society; or Section 12(1)(c) the terms of the constitution or of the rules of the society are, where he has reasonable cause to believe, in any respect repugnant to or inconsistent with any law; or Section 12(1)(d) the society has wilfully, and after notice from the Registrar, contravened any of the provisions of its constitution or of its rules, or has contravened section 20 of this Act; or Section 12(1)(e) the society has failed to comply, within the time allowed for compliance, with an order made under section 31 (1) of this Act; or Section 12(1)(f) the society has dissolved itself; or Section 12(1)(g) the executive of the society is constituted otherwise than in conformity with its constitut...
Section 13
Section 13. Rescission of exemption Section The Registrar may, with the approval of the Cabinet Secretary, at any time rescind the exemption of a society from registration given under section 10 of this Act, and if he does so he shall forthwith notify the society thereof: Provided that the society, if it is not a society of one of the kinds specified in paragraphs (i), (ii) and (iii) of the proviso to section 4 (1) of this Act, may, within a period of twenty-eight days from the date of the receipt of notification of the rescission, apply for registration under this Act, and where the society does so it shall not, unless and until such application is refused, be an unlawful society, notwithstanding the said section 4 (1). [Act No. 19 of 2015 , s. 14.]
Section 14
Section 14. Cessation of existence of society Section 14(1) If the Registrar has reason to believe that any registered society or exempted society has ceased to exist, he may publish in the Gazette a notice calling upon such society to furnish him, within a period of three months from the date of the notice, with proof of its continued existence. Section 14(2) If at the expiration of such period the Registrar is satisfied that the society has ceased to exist, he shall cancel the registration or rescind the exemption, as the case may be, of the society, and shall thereupon publish in the Gazette notice of such cancellation or rescission. Section 14(3) If the Registrar is satisfied beyond doubt that a registered society or exempted society has ceased to exist, he may immediately proceed under subsection (2) of this section without having previously published a notice in the Gazette , and the remaining provisions of that subsection shall apply accordingly.
Section 15
Section 15. Appeal from order of refusal, cancellation or suspension Section 15(1)(a) in the case of a political party, appeal to the High Court within thirty days of such refusal, cancellation or suspension; or Section 15(1)(b) in the case of any other society, appeal to the Cabinet Secretary within thirty days of such refusal, cancellation or suspension and the Cabinet Secretary shall consider, determine and communicate his decision on the appeal within ninety days of the appeal. Section 15(2) A society aggrieved by the decision of the Cabinet Secretary under subsection (1)(b) may appeal to the High Court within thirty days of the decision. Section 15(3) Notwithstanding the provisions of subsection (1) of section 4 , where a society other than a society specified in paragraphs (i), (ii) or (iii) of the proviso to section 4 (1), lodges an appeal under subsection (1) of this section, such society shall not, pending the decision on the appeal, be an unlawful society. [Act No. 10 of 1997 , Sch., Act No. 19 of 2015 , s. 15.]
Section 16
Section 16. Office and postal address Section 16(1) Every registered and every exempted society shall have an office and a postal address, and notice of the situation of the office and of the postal address shall be given to the Registrar in the prescribed form on application for registration or exemption from registration. Section 16(2) All communications and notices required or authorized to be sent under or for the purposes of this Act or any subsidiary legislation thereunder may be sent by post addressed to the postal address of the society. Section 16(3) Notice in the prescribed form of any change of the situation of the office, or of the postal address, of a registered or exempted society shall be given to the Registrar within fourteen days of the change, and the notice shall be signed by three of the officers of the society. Section 16(4)(a) operates without having an office, or without having a postal address, or without having given notice of the situation of its office or of its postal address as required by subsection (1) of this section; or Section 16(4)(b) operates at any place to which its office may have been removed without having given notice of the change in the s...
Section 17
Section 17. Change of officers or title of office Section 17(1) Notice in the prescribed form of any change of officers, or of the title of any office, of a registered society shall be given to the Registrar within fourteen days of the change, and the notice shall be signed by three of the officers of the society. Section 17(2) Any registered society which fails to give notice as required by subsection (1) of this section of any change of officers or of the title of any office of the society, shall be guilty of an offence.
Section 18
Section 18. Disputes as to officers Section 18(1) If the Registrar is of the opinion that a dispute has occurred among the members or officers of a registered society as a result of which the Registrar is not satisfied as to the identity of the persons who have been properly constituted as officers of the society, the Registrar may, by order in writing, require the society to produce to him, within one month of the service of the order, evidence of the settlement of the dispute and of the proper appointment of the lawful officers of the society or of the institution of proceedings for the settlement of such dispute. Section 18(2) If an order under subsection (1) of this section is not complied with to the satisfaction of the Registrar within the period of one month or any longer period which the Registrar may allow, the Registrar may cancel the registration of the society. Section 18(3) A society aggrieved by the cancellation of its registration under subsection (2) may appeal to the High Court within thirty days of such cancellation. [Act No. 10 of 1997 , Sch.]
Section 19
Section 19. Contents of constitution or rules Section 19(1) The constitution or rules of every registered society or exempted society, formed after the commencement of this Act shall provide, to the satisfaction of the Registrar, for all the matters specified in the Schedule to this Act and shall not be amended so that it ceases so to provide. Section 19(2) The Registrar may, if he thinks fit, by order in writing, require any society which, at the commencement of this Act, is registered to amend its constitution or rules within three months after the date of the order to provide for all or any of the matters specified in the Schedule to this Act, and, notwithstanding its constitution or rules, the society, for the purpose of complying with the order, shall convene a meeting of the same kind as is required by its constitution or rules for amending its constitution or rules, or if the constitution or rules make no provision for such amendment the society shall convene a general meeting of members for the purpose. Section 19(3) If a registered society contravenes an order given under subsection (2) of this section, the society and every officer thereof shall each be guilty of an offen...
Section 20
Section 20. Registered society to obtain consent of Registrar before amending name, constitution, etc. Section 20(1)(a) amend its name, or its constitution or rules; or Section 20(1)(b) become a branch of, or affiliated to or connected with, any organization or group of a political nature established outside Kenya; or Section 20(1)(c) dissolve itself, Section 20(2) An application by a society to do any of the things specified in subsection (1) of this section shall be accompanied by a copy of the minutes of the meeting at which the resolution to do that thing was passed, certified as a true copy by three of the officers of the society, and the application shall be delivered to the Registrar within fourteen days after the day on which the resolution was passed. Section 20(3) Any registered society which contravenes this section shall be guilty of an offence.
Section 21
Section 21. Exempted society to inform Registrar of amendment of name, etc. Section 21(1)(a) amends its name or objects; or Section 21(1)(b) becomes a branch of or affiliated to or connected with, any organization or group of a political nature established outside Kenya; or Section 21(1)(c) dissolves itself, Section 21(2) Any exempted society which contravenes subsection (1) of this section shall be guilty of an offence.
Section 22
Section 22. Officers on dissolution Section Notwithstanding the dissolution or purported dissolution of a society, the persons who, immediately before the dissolution or purported dissolution, were officers of the society shall be deemed, for the purposes of sections 20 and 21 of this Act, to have been and to be such officers.
Section 23
Section 23. Restriction of appointment of certain officers, etc. Section 23(1)(a) to the office of treasurer, deputy treasurer or assistant treasurer of a registered society or exempted society; or Section 23(1)(b) to any other office in such a society the holder of which is responsible for the collection, disbursement, custody or control of the funds of the society or for its accounts; or Section 23(1)(c) to be trustee or auditor of such a society. Section 23(2) No person shall be capable of being appointed or elected auditor of a registered society or exempted society who is an officer of that society.
Section 24
Section 24. Purporting to act as officer Section acts or purports to act as an officer of a registered society, and who has not been duly appointed or elected as an officer of that society; or
Section 25
Section 25. Register of members Section 25(1) Every registered society shall keep a register of its members in such form as the Registrar may specify or as may be prescribed, and shall cause to be entered therein the name and address of each member, the date of his admission to membership and the date on which he ceases to be a member. Section 25(2) If a registered society contravenes subsection (1) of this section, the society and every officer thereof shall each be guilty of an offence, and the society shall be liable to a fine not exceeding ten thousand shillings, and every officer shall be liable to the like fine or to imprisonment for a term not exceeding one year or to both such fine and such imprisonment: Provided that an officer shall not be convicted of the offence if he establishes to the satisfaction of the court that he exercised due diligence to prevent its commission and that the offence occurred by reason of matters beyond his control.
Section 26
Section 26. Books of account Section 26(1) Every registered society shall keep one or more books of account, and shall cause to be entered therein details of all moneys received and payments made by the society. Section 26(2) Any registered society which contravenes subsection (1) of this section shall be guilty of an offence.
Section 27
Section 27. Treasurer to render accounts Section 27(1)(a) at least once in every year at such time as may be specified in the constitution or rules of the society; and Section 27(1)(b) at any other times at which he may be required to do so by a resolution of the members of the society or by the rules thereof; and Section 27(1)(c) upon resigning or otherwise vacating his office, Section 27(2) After the account has been rendered, the treasurer or other officer referred to in subsection (1) of this section shall, if he is resigning or vacating his office or if required to do so, forthwith hand over to the succeeding treasurer or officer, as the case may be, such moneys as appear to be due from him, and all bonds, securities, effects, books, papers and property of the society in his hands or otherwise under his control. Section 27(3) Any treasurer or other officer referred to in subsection (1) who contravenes this section shall be guilty of an offence and liable to a fine not exceeding five thousand shillings or to imprisonment for a term not exceeding six months, or to both such fine and such imprisonment.
Section 28
Section 28. Inspection of accounts and documents Section 28(1)(a) for inspection by any officer or member of the society at such place and at such times as may be provided for in the constitution or rules of the society; and Section 28(1)(b) for inspection by the Registrar, or by any person authorized by him in writing in that behalf, at the office of the Registrar at any reasonable time specified by him, if so required in writing by the Registrar. Section 28(2) Any registered society which fails to make available to the Registrar, at his office and at the specified time, any books of account, documents or lists of members which he has been required under subsection (1) of this section to make so available shall be guilty of an offence. Section 28(3) Any person who obstructs the Registrar or any such authorized person in the carrying out of an inspection under subsection (1) of this section shall be guilty of an offence and liable to a fine not exceeding one thousand shillings or to imprisonment for a term not exceeding two months, or to both such fine and such imprisonment.
Section 29
Section 29. Meetings of societies Section 29(1)(a) render a full and true account of the moneys received and paid by the society, such account being audited in accordance with the rules of the society; and Section 29(1)(b) cause to be elected or appointed all such officers, trustees and auditors and, where applicable, such committees as are required in accordance with the constitution and rules of the society. Section 29(2) Any registered society which contravenes sub-section (1) of this section shall be guilty of an offence.
Section 30
Section 30. Annual returns Section 30(1) Every registered society shall furnish annually to the Registrar, on or before the prescribed date, such returns, accounts and other documents as may be prescribed. Section 30(2) If any return, account or other document furnished under subsection (1) of this section is incomplete in any material particular, it shall be taken not to have been furnished for the purposes of subsection (1) of this section. Section 30(3) Any registered society which contravenes subsection (1) of this section shall be guilty of an offence. Section 30(4) Any person who wilfully makes or orders or causes or procures to be made any false entry in or omission from any return, account or other document furnished under this section shall be guilty of an offence and liable to a fine not exceeding ten thousand shillings or to imprisonment for a term not exceeding one year, or to both such fine and such imprisonment.
Section 31
Section 31. Registrar may call for information and accounts Section 31(1)(a) a true and complete copy of its constitution and rules; Section 31(1)(b) a true and complete list of its officers and members; Section 31(1)(c) a true and complete copy of the minutes of any meeting held by the society at which officers of the society were elected or appointed or were ostensibly appointed or elected; Section 31(1)(d) a true and complete return of the number of meetings held by the society in Kenya within the period of six months immediately preceding the date of the order, stating the place or places at which such meetings were held; Section 31(1)(e) duly audited accounts of the society covering such period as he deems necessary for the purpose for which the order is made; Section 31(1)(f) such other accounts, returns and other information as may be prescribed. Section 31(2) An order given under subsection (1) of this section shall require compliance therewith within a specified period (not being less than twenty-one days in respect of the documents specified in paragraphs (a), (b), (c), (d) and (f), and not less than sixty days in respect of the documents specified in paragraph (e) of tha...
Section 32
Section 32. Discretion to publish certain information Section The Registrar, where it appears to him to be in the interests of the members of any society, may publish in the Gazette , or by advertisement in any newspaper or in any other manner he may think fit, any information received by him under section 20 , section 21 or section 31 of this Act.
Section 33
Section 33. Liquidation of certain societies Section 33(1)(a) appoint a person to be the liquidator of a society that is an unlawful society, or that has had its registration cancelled or its exemption rescinded under Part III or has otherwise ceased to exist; and Section 33(1)(b) vest in the liquidator all property (both movable and immovable) of the society. Section 33(2) As soon as practicable after the publication of an order under subsection (1), the liquidator shall proceed to liquidate the affairs of the society. [Act No. 19 of 2015 , s. 16.]
Section 34
Section 34. Procedure when the Society is solvent Section 34(1) If, after all the debts and liabilities of the society of which the liquidator has notice and the costs of the liquidation have been satisfied or provided for, there are any surplus assets, the liquidator shall prepare and submit to the Cabinet Secretary a scheme for the disposal of those assets. Section 34(2) If, after making such amendments (if any) as the Cabinet Secretary considers appropriate, the Cabinet Secretary approves a scheme submitted to the Cabinet Secretary under subsection (1), the Cabinet Secretary shall endorse the approval on the amendments. Section 34(3) As soon as practicable after the Cabinet Secretary has endorsed the scheme, the liquidator shall distribute the surplus assets in accordance with the scheme. [Act No. 19 of 2015 , s. 17.]
Section 35
Section 35. Procedure if society is insolvent Section 35(1)(a) set aside an amount sufficient to meet the costs of the liquidation; and Section 35(1)(b) after doing so, divide the balance among the creditors who have proved their debts in proportion to the size of their claims. Section 35(2) Except as provided by this Act, the provisions of the Insolvency Act (Cap. 53), relating to the liquidation of a company apply to the liquidation of a society as they apply to the liquidation of a company. [Act No. 19 of 2015 , s. 18.]
Section 36
Section 36. Supplementary provisions relating to the liquidation of society Section 36(1)(a) the liquidator shall lodge it with the relevant registrar for registration, who shall register it accordingly without charge; and Section 36(1)(b) on the registration of the document, the land vests in the liquidator. Section 36(2) For the purpose of discovering, taking possession of, recovering and realising the property of the society, the liquidator has all the powers vested in the Official Receiver or a liquidator by the Insolvency Act (Cap. 53). Section 36(3)(a) fix a date by which the creditors of the society are required to prove their claims or be excluded from any distribution made before they have proved their claims; and Section 36(3)(b) shall publish in the Gazette a notice of that date, and notify that date to those creditors individually so far as it is practicable to do so. Section 36(4) The liquidator may charge fees for liquidating a society at the rate prescribed for the liquidation of companies under the Insolvency Act (Cap. 53), or such other fees as the Cabinet Secretary may in any particular case or kind of case order. Section 36(5) If an order has been made in respect...
Section 37
Section 37. Part not to apply to forfeited property Section This Part does not apply to any property ordered under section 43 of this Act to be forfeited.
Section 38
Section 38. Power to investigate Section 38(1) The Registrar or any administrative officer or any police officer of or above the rank of Sub-Inspector (in this section referred to as "the requiring officer") may, in writing, require any person who he has reason to believe is able to give any information as to the existence or operation of any unlawful society, or suspected unlawful society, or as to the operations of any registered society or exempted society, or as to the operations or property of a society which has been dissolved or has otherwise ceased to exist, to attend before him at a specified time, and such attendance may be required at any police station or police office situated within the district in which that person resides, or for the time being is or is found, or at the office of any administrative officer within such district, or at the office of the Registrar. Section 38(2) Any person who without reasonable cause fails to comply with a requirement made under subsection (1) of this section or, having attended in compliance therewith, refuses or fails to give his correct name and address and to answer truly all questions that may be properly put to him, and to produ...
Section 39
Section 39. Powers of entry, arrest and search Section an officer shall act under this section without a warrant only if he has reasonable cause to believe that the delay occasioned in obtaining a warrant would seriously hinder him in the performance of his duties;
Section 40
Section 40. Offences cognisable Section Offences under section 5 , section 6 or section 7 of this Act shall be cognizable to the police.
Section 41
Section 41. Proceedings against societies Section 41(1) Where a society is charged with an offence under this Act or any rules made thereunder, the society may appear by a representative, who may enter a plea on behalf of the society and conduct the society’s defence on its behalf. Section 41(2) In this section, "representative" in relation to a society means a person who the court is satisfied has been duly appointed in writing by the society to represent it, but a person so appointed shall not by virtue of such appointment be qualified to act on behalf of the society before any court for any purposes other than those specified in this section.
Section 42
Section 42. General penalty Section Where a society is guilty of an offence under this Act for which no penalty is expressly provided, the society shall be liable to a fine not exceeding five thousand shillings, and in addition every officer thereof shall be guilty of the like offence and liable to the like fine or to imprisonment for a term not exceeding six months or to both such fine and such imprisonment: Provided that an officer shall not be convicted of the offence if he establishes to the satisfaction of the court that he exercised due diligence to prevent its commission and that the offence occurred by reason of matters beyond his control.
Section 43
Section 43. Forfeiture Section A court may at any time order that any books, accounts, writings, banners, insignia or other property belonging to any unlawful society shall be forfeited and delivered to the Registrar for disposal in such manner as he may see fit.
Section 44
Section 44. Admissibility of certified copies and extracts Section 44(1) In any legal proceedings, a paper purporting to be a copy of or an extract from any register or document kept by the Registrar, and purporting to be certified by him as a true copy or extract as aforesaid, shall be admissible as prima facie evidence of the contents of such register or document. Section 44(2) In the absence of evidence to the contrary, it shall be presumed that the signature on any such certificate is genuine and that the person signing it held the office and qualifications which he professed to hold at the time when he signed it. Section 44(3) No process for compelling the production of any document kept by the Registrar shall issue from any court except with the leave of that court, and any such process which is so issued shall bear a statement that it is issued with the leave of the court. Section 44(4)(a) to produce any document the contents of which can be proved under subsection (1) of this section; or Section 44(4)(b) to appear as a witness to prove the matters, transactions or accounts recorded in any such document,
Section 45
Section 45. General presumptions Section where it is proved that a club, company, partnership or association is in existence, it shall be presumed that such club, company, partnership or association is a society within the meaning of this Act unless the contrary is proved;
Section 46
Section 46. Presumption of membership and existence of society Section 46(1) In any prosecution under this Act, where any books, accounts, writings, lists of members, seals, banners or insignia of or relating to, or purporting to relate to, a society are found in possession of any person, it shall be presumed, until the contrary is proved, that such person is a member of that society, and the society shall be presumed, until the contrary is proved, to be in existence at the time such books, accounts, writings, lists of members, seals, banners or insignia are so found. Section 46(2) Where any books, accounts, writings, lists of members, seals, banners or insignia of or relating to a society are found in the possession of any person, it shall be further presumed, until the contrary is proved, that that person assists in the management of the society.
Section 47
Section 47. Evidence of membership of unlawful society Section In any prosecution under this Act, it shall be no objection to the admissibility of evidence as to the constitution or rules, objects or activities of any society that the witness tendering such evidence is not or has not been a member of any unlawful society.
Section 48
Section 48. Inspection of documents by public Section On payment of the prescribed fees, any person may inspect at the office of the Registrar the register and any documents relating to any society lodged with the Registrar under this Act, and may obtain from the Registrar a copy of or extract from such register or document.
Section 49
Section 49. Orders binding if served Section upon the society if served in accordance with section 50 (1) of this Act; and
Section 50
Section 50. Service of summons Section 50(1)(a) on a society, if it is sent by registered post addressed to it at its registered postal address; or Section 50(1)(b) on an individual, if it is served or is sent by registered post addressed to him at the registered postal address of the society with which he is concerned. Section 50(2) Any document served by being sent by registered post shall be deemed to have reached the person or society to whom or to which it is addressed at the end of ninety-six hours after the time of posting.