Citation
Trinidad and Tobago revised ordinances, 1950

Material Information

Title:
Trinidad and Tobago revised ordinances, 1950
Uniform Title:
Laws, etc. (Trinidad and Tobago revised ordinances, 1950
Creator:
Trinidad
Maingot, Elliot Francis, 1891-
Place of Publication:
London
Publisher:
Printed by C. F. Roworth, Govt. printers
Publication Date:
Language:
English
Physical Description:
10 v. : ; 26 cm.

Subjects

Subjects / Keywords:
Law -- Trinidad and Tobago ( lcsh )

Notes

General Note:
Cover title: Laws of Trinidad and Tobago, 1950.
General Note:
"Contains the ordinances of the colony in force on the 31st day of December, 1950, exclusive of those reserved by ordinance no.23 of 1949 and by subsequent proclamations."
Statement of Responsibility:
Prepared under the authority of the Law revision ordinance, ch. 1, no. 1, by Elliot Francis Maingot.

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
000255255 ( ALEPH )
28706053 ( OCLC )
ABC5972 ( NOTIS )

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UF00076995_00006_pdf.txt


Full Text


TRINIDAD AND TOBAGO
REVISED ORDINANCES, 1950

PREPARED UNDER THE AUTHORITY OF
THE LAW REVISION ORDINANCE
Ch. 1. No. 1.

BY
ELLIOT FRANCIS MAINGOT

CROWN SOLICITOR OF TRINIDAD AND TOBAGO

Tas EDITION CONTAINS THE ORDINANCES OF THE COLONY

IN FORCE ON THE 3lsT DAY OF DECEMBER, 1950,

EXCLUSIVE OF THOSE RESERVED BY ORDINANCE No. 23 oF
1949 AND BY SUBSEQUENT PROCLAMATIONS.

VOL. VI.



Price per set of 10 Volumes—£25 or $120.00 British Caribbean Currency



PRINTED BY
Go. F. ROWORTH LTD., 88, FETTER LANE, LONDON, E.C.4.
1951.

[Appointed by the Government of the Colony of Trinidad and Tobago the Government Printers
of this Edition within the meaning of the Evidence (Colonial Statutes) Act, 1907.]

To be purchased from the Government Printer, Port-of-Spain, and from the Crown Agents
for the Colonies, 4, Millbank, London, S.W.1.



UNIVERâ„¢'TY 72 > OIDs
[Ae ge

VOL.NO. so -eyg A

PRINTED IN GREAT BRITAIN BY
C. F. ROWORTH LTD., 88 FETTER LANE, LONDON, E.C.+.



rwnDe &

_

Whe

SNOW S

10.

11.
12.
13.
14.
15.

CONTENTS.

VOLUME VI.

CHAPTER 38.

BENEVOLENT ASSOCIATIONS.
VOL. VI.
BuILDING SOCIETIES
FRIENDLY SOCIETIES _ a oo
FRIENDLY SociETIES HOUSING CORPORATION ...
CREDIt UNION SOCIETIES

CHAPTER 39,

MUNICIPAL GOVERNMENT AND COUNTY
COUNCILS.

PORT-OF-SPAIN CORPORATION

ST. JAMES AREA IMPROVEMENT ...

Dry RIveEr ... _ wee

BELMONT IMPROVEMENT RATE Pa

Kast Dry RIVER IMPROVEMENT RATE

PORT-OF-SPAIN CORPORATION (ELECTRICITY)

SAN FERNANDO CORPORATION wee

SAN FERNANDO RECREATION GROUND ...

SAN FERNANDO ELECTRIC WorkKS ea cae

SAN FERNANDO AND ARIMA HUuCKSTERS, PEDLARS
AND PORTERS .

ARIMA CORPORATION

MUNICIPAL ELECTIONS bee uy

MUNICIPAL CORPORATIONS (PENSIONS) ...

PRINCE’S BUILDING

CouNTy COUNCILS ...

PAGE
2

30
168
219

256
446
458
461
465
469
531
698
700

730
737
874
910
924
928



vi

Who

r
aon

4 to

ut

NSU RW

KR

i)

Contents.

CHAPTER 40.

DISTRICT ADMINISTRATION.
VOL. VI.
WARDENS wee we wee
TOWNS AND VILLAGES (DEFINITION)
RECREATION GROUNDS AND PASTURES ...
CouNTRY MARKETS

CHAPTER 41.
PRIVATE ORDINANCES.

Boy Scouts ASsoOcIaATION

GIRL GUIDES ASSOCIATION

La Brea JETTY AND TRAMWAY...
MONTREAL TRUST COMPANY
CARENAGE PIER

CHAPTER 42,

MISCELLANEOUS.

PuBLic HOLIDAYs ...

PuBLic LIBRARY a

CARNEGIE FREE LIBRARY . Lee or

CENTRAL LIBRARY OF TRINIDAD AND TOBAGO

RACES

QUEEN'S PARK vee

TRADING WITH THE ENEMY wee _ wee

PaTENTs, DESIGNS, COPYRIGHTS AND TRADE MARKS
(EMERGENCY) wee wee wee

DIPLOMATIC PRIVILEGES (EXTENSION) ...

CHAPTER 43.
UNITED STATES BASES.

UNITED SratEs Bases (TEMPORARY PROVISIONS)
UNITED STATES COUNSEL

PAGE
1014
1017
1019
1020

1024
1026
1028
1031
1037

1042
1044
1054
1057
1061
1065
1067

1082
1099

1106
1111



TRINIDAD anp TOBAGO.
Revised Ordinances, 1950.

CHAPTER 38.
BENEVOLENT ASSOCIATIONS.

No. 1..—BUILDING SOCIETIES.

No, 2.--FRIENDLY SOCIETIES.

No. 3.-—FRIENDLY SOCIETIES HOUSING CORPORATION.
No. 4.-—CrEpir UNION SOCIETIES.

T.—VI. 1



Ordinance
Ch.38. No.1-
19-40,

Commence-
ment.

Short title.

Interpre-
tation.

Fees of
Registrar,

Incorpora-
tion of
societies.

Ch. 38. No. 1.]

Building Socteties.

CHAPTER 38. No. 1.

BUILDING SOCIETIES.
AN ORDINANCE RELATING TO BUILDING SOCIETIES.
[31st December, 1890.]

1. This Ordinance may be cited as the Building Societies
Ordinance.

2. In this Ordinance—

“ Registrar ’’ means the Registrar under the I*riendly
Societies Ordinance, who shall, for the purposes of this
Ordinance, be the Registrar of Building Socicties ;

“ terminating society ’’ means a society which by its
rules is to terminate at a fixed date, or when a result
specified in its rules is attained ;

“ permanent society ’? means a society which has not
by its rules any such fixed date or specified result at
which it shall terminate.

3. The Registrar shall be entitled to claim, and shall be
paid by every society under this Ordinance, such sums as
the Governor in Council shall fix, for any of the acts which
he is required to perform under this Ordinance.

4. Every society registered under this Ordinance shall,
upon receiving a certificate of incorporation under this
Ordinance, become a body corporate by its registered name,
having perpetual succession and a common seal, until
terminated or dissolved in manner herein provided.



Building Societies. [Ch. 38. No. 1.

5. Any number of persons may establish a society under
this Ordinance, either terminating or permanent, for the
purpose of raising by the subscriptions of members a stock
or fund for making advances to members out of the funds
of the society, upon security of freehold or leasehold
estate, by way of mortgage or any judgment or upon security
of the withdrawal value of the shares held by members of
the said society; and any society under this Ordinance
may from time to time raise funds by the issue of shares
of one or more denominations, either paid up in full or to be
paid by periodical or other subscriptions, and with or without
accumulating interest, and may repay such funds when no
longer required for the purposes of the society.

6. It shall be lawful for any society registered under this
Ordinance to receive from any member or members thereof
any sum or sums of money by way of bonus on any share or
shares for the privilege of receiving the same in advance
prior to the same being realised, and also any interest for
the share or shares so received or any part thereof, without
being subject or liable on account thereof to any of the
forfeitures or penalties imposed by any law in force in the
Colony relating to usury.

7. The liability of any member of any society under this
Ordinance in respect of any share upon which no advance
has been made shall be limited to the amount actually
paid or in arrear on such share, and in respect of any share
upon which an advance has been made shall be limited to
the amount payable thereon under any mortgage or other
security or under the rules of the society.

8. With respect to the borrowing of money by societies
under this Ordinance the following provisions shall have
effect —

(a) any society may receive deposits or loans, at
interest, within the limits in this section provided,
from the members or other persons, or from corporate
bodies, or from any terminating building society, to be
applied to the purposes of the society;

(5) in a permanent society the total amount so
received on deposit or loan and not repaid by the

1 (2)

3

Purposes

for which
socicties may
be estab-
lished.

Bonus, ete.,
not to be
deemed
usurious,

Limitation
of liability
of members,

Power to
borrow
money.



4 Ch. 38. No. 1.] Building Societies.

society shall not at any time exceed two-thirds of the
amount for the time being secured to the society by
mortgages from its members ;

(c) in a terminating society the total amount so
received and not repaid may either be a sum not
exceeding such two-thirds as aforesaid, or a sum not
exceeding twelve months’ subscriptions on the shares
for the time being in force;

(d) every deposit book or acknowledgment or security
of any kind given for a deposit or loan by a society
shall have printed or written therein or thereon the
whole of the immediately preceding section and this
section,

Matters to 9. The rules of every society established under this

a ea Ordinance shall set forth—

(a) the name of the society, and the chief office or
place of meeting for the business of the society ;

(0) the manner in which the stock or funds are to be
raised ;

(c) the terms upon which unadvanced subscription
shares are to be issued; and the manner in which the
contributions are to be paid to the society, and with-
drawn by the members, with tables, where applicable
in the opinion of the Registrar, showing the amount
due by the society for principal and interest separately ;

(d) the terms upon which paid-up shares, if any, are
to be issued and withdrawn, with tables, where
applicable in the opinion of the Registrar, showing
the amount due by the society for principal and
interest separately ;

(ec) whether preferential shares are to be issued, and,
if so, within what limits;

(f) the manner in which advances are to be made and
repaid; the deductions, if any, for premiums, and the
conditions upon which a borrower can redeem the
amount due from him before the expiration of the
period for which the advance was made, with tables,
where applicable in the opinion of the Registrar,
showing: the amount due from the borrower after
each stipulated payment ;



Bualding Societies. [Ch. 38. No. 1. 5

(g) the manner in which losses are to be ascertained
and provided for;

(x) the manner in which membership is to cease;

(¢) whether the society intends to borrow money,
and, if so, within what limits not exceeding those
prescribed by this Ordinance;

(7) the purposes to which the funds of the society
are to be applied, and the manner in which they are
to be invested;

(k) the manner of altering and rescinding the rules,
and of making additional rules;

(/) the manner of appointing, remunerating, and
removing the board of directors or committee of
management, auditors and other officers;

(m) the manner of calling general and special
meetings of the members;

(2) provision for an annual or more frequent audit
of the accounts, and inspection by the auditors of the
mortgages and other securities belonging to the
society ;

(0) whether disputes between the society and any
of its members, or any person claiming by or through
any member, or under the rules, shall be settled by
reference to the Supreme Court, or to the Registrar,
or to arbitration;

(p) provision for the device, custody, and use of
the seal of the society, which shall in all cases bear the
registered name thereof;

(7) provision for the custody of securities and
documents belonging to the society ;

(ry) the powers and duties of the board of directors or
committee of management and other officers;

(s) the fines and forfeitures to be imposed on
members;

(t) the manner in which the society, whether
terminating or permanent, shall be terminated or
dissolved.

10. The persons intending to establish a society under Registration
this Ordinance shall transmit to the Registrar two copies ° tules.
of the rules agreed upon by them for the government of the



Alteration
of rules.

Change of
chief office.

Ch. 38. No. 1.] Building Soctettes.



society, signed by three of such persons and by the intended
secretary or other officer; and the Registrar, if he find
that the rules contain all the provisions set forth in section 9,
and that they are in conformity with this Ordinance, shall
return one copy of the rules to the secretary or other
officer of the society, with a certificate of incorporation, and
shall retain and register the other copy: Provided that no
society shall be registered under this Ordinance in a name
identical with that in which a subsisting society is already
registered, or so nearly resembling the same as to be
calculated to deceive, unless such subsisting society is
in course of being terminated or dissolved, and consents to
such registration. The society shall supply to any person
requiring the same a complete printed copy of the rules, with
a copy of the certificate of incorporation appended thereto,
and shall be entitled to charge for every such printed
copy of rules a sum not exceeding twenty-four cents.

11. Any society established under this Ordinance may
alter or rescind any rule or make an additional rule, in the
manner its rules direct; and every society under this
Ordinance altering or rescinding any rule, or making an
additional rule, shall forward two copies of every resolution
for rescission of rules, and of every alteration of or addition
to its rules, signed by three members and the secretray,
and a statutory declaration by an officer of the society
that the provisions of this section have been complied
with, to the Registrar, who, if he finds that such alteration,
addition, or rescission is in conformity with this Ordinance,
shall return one of the copies to the secretary or other officer
of the society with a certificate of registration, and retain
and register the other copy.

12. Any society registered under this Ordinance may
change its chief office in the manner its rules direct, or
if there be no such directions, then at a general meeting
specially called for the purpose, in the manner set forth
in the rules of the society; and no alteration of rule shall
be necessary upon such change, nor shall the provisions of
section 11 apply to such change. Notice of every such
change shall be given by the secretary of the society to the .
Registrar within seven days after such change, and shall



Building Societies. [Ch. 38. No. 1.

7

a

be registered by him, and he shall give a certificate of
such registration.

13. Any society under this Ordinance, in a schedule to
its rules, may describe the forms of conveyance, mortgage,
transfer, agreement, bond, security for deposit or loan, or
other instrument necessary for carrying its purposes into
execution.

14. Any certificate of incorporation or of registration, or
other document relating to a society under this Ordinance,
purporting to be signed by the Registrar, shall, in_ the
absence of any evidence to the contrary, be received by
all courts of law and equity and elsewhere, without proof
of the signature; and a printed copy of the rules of a society,
certified by the secretary or other officer of the society to
be a true copy of its registered rules, shall, in the absence
of any evidence to the contrary, be received as evidence of
the rules.

15. The rules of a society under this Ordinance shall be

binding on the several members and officers of the society,
and on all persons claiming on account of a member, or
under the rules, all of whom shall be deemed to have
full notice thereof.

16. A society under this Ordinance may change its name
by resolution of three-fourths of the members present at a
meeting called for the purpose, provided that the new
name is not identical with that of any society previously
registered and still subsisting, or so nearly resembling the
same as to be calculated to deceive, unless such subsisting
society is in course of being terminated or dissolved, and
consents to such registration. Notice of the change of name
shall be sent to the Registrar and registered by him, and
he shall give a certificate of registration. Such change of
name shall not affect any right or obligation of the society,
or any member thereof, or other person concerned.

17. Every officer of a society under this Ordinance
having the receipt or charge of any moneys belonging to
the society shall, before taking upon himself the execution

Rules may
provide
forms of
conveyance,
etc.

Evidence of
registration
and rules.

Rules bind-
ing on
members
and others.

Change of
name.

Officers to



8

Ch. 38. No. 1.] Butlding Socteties,



Schedule.

Officers to
account.

Protection
of money

or property
of society in
possession of
officer.

of his office, become bound with one sufficient surety at
the least, in a bond according to the form set forth in the
Schedule hereto, or give the security of a guarantee society,
or such other security as the society direct, in such sum
as the society require, conditioned for rendering a true and
just account of all moneys received and paid by him on
account of the society, and for payment of all sums of
money due from time to time to the society at such times
as its rules appoint, or as the society require him to do so.

18. Every such officer, his executors or administrators,
shall, upon demand made or notice in writing given or
left at his last or usual place of residence, give in his account
as may be required by the board of directors or committee of
management of the society, to be examined and allowed
or disallowed by them, and shall, on the like demand or
notice, pay over all the moneys remaining in his hands,
and deliver all securities and effects, books, papers, and
property of the society in his hands and custody, to such
persons as the society appoint ; and in case of any neglect or
refusal to deliver such account, or to pay over such moneys,
or to deliver such securities and effects, books, papers,
and property in manner aforesaid, the society may sue
upon the bond, or may apply to a Judge of the Supreme
Court in Chambers, who may proceed thereupon in a
summary way, and make such order thereon as to him in
his discretion may seem just, which order shall be final
and conclusive.

19. If any person appointed to or employed in any office
in any society established under this Ordinance, and
having in his hands or possession by virtue of his office
any moneys or property whatsoever of such society or any
deeds or securities belonging to such society, shall die, or
become insolvent, or have any execution or attachment or
other process issued against any part of his property, or
shall have any action raised against his lands, goods,
chattels, effects, or property or other real or personal
estate, or shall make any assignment, disposition, assigna-
tion, or other conveyance for the benefit of his creditors,
the heirs, executors, administrators, or assignees of every
such officer, and every other person having or claiming



Building Socteties. [Ch. 38. No. 1.

right to the property of such officer, and the person
executing such process, and the party raising such action
respectively, shall upon demand in writing made by any
person authorised by the board of directors or committee
of management of such society or by some meeting of
such society to make such demand, deliver and pay over
all such moneys, property, deeds, and securities belonging
to such society to such person as shall have been appointed
as aforesaid to receive the same.

20. Any society under this Ordinance may from time to
time, as the rules permit, invest any portion of the funds of
the society, not immediately required for its purposes, upon
real or leasehold securities, or in the purchase of lands, or
lands and buildings, being freehold in the Colony, with
power to exchange the said lands, or to sell the same together
or in lots, or to erect any buildings thereon and to sell the
same, or in the public funds of Great Britain or in or upon
any Parliamentary stock or securities, or in or upon any
stock or securities, payment of the interest on which is
guaranteed by the Imperial Parliament, or in Inscribed
Stock of the Colony, or in case of terminating societies,
with other societies under this Ordinance; and for the
purpose of investments in stock or upon security of real or
leasehold estate, the society, or the board of directors
or committee of management thereof, may from time to
time appoint and remove trustees or make such investments
in its registered name.

21. The powers of investment under this Ordinance
shall include power to invest in or upon any security in
which trustees are for the time being authorised by law to
invest.

22. If any member of or depositor with a society under
this Ordinance, having in the funds thereof a sum of money
not exceeding two hundred and forty dollars, shall die
intestate, then the amount due may be paid to the person
who shall appear to the directors or committee of manage-
ment of the society to be entitled, under the law for the
time being regulating the devolution of personal estate
applicable to the case, to receive the same, without taking
out letters of administration, upon the society receiving

Investment
of surplus
funds.

Powers of
investment.

Payment of
sums not
exceeding
$240 when
members or
depositors
die intestate.



10

Ch. 38. No. 1.] Building Societies.



Member
dying
intestate
leaving
infant next
of kin.

Punishment
of fraud in

withholding
money, etc.

satisfactory evidence of death, and a statutory declaration
that the member or depositor died intestate, and that the
person so claiming is entitled as aforesaid: Provided that
whenever the society after the decease of any member or
depositor has paid any such sum of money to the person
who at the time appeared to be entitled to the effects of
the deceased, under the belief that he had died intestate,
the payment shall be valid and effectual with respect to any
demand from any other person as next of kin or as the lawful
representative of such deceased member or depositor against
the funds of the society, but nevertheless such next of kin
or representative shall have his lawful remedy for the
amount of such payment as aforesaid against the person
who has received the same.

23. Whenever a member of a society under this Ordi-
nance, having executed a mortgage to the society containing
a power of sale, shall die intestate leaving an infant next
of kin, it shall be lawful for the said society, after selling
the premises so mortgaged to them, to pay to the adminis-
trator or administratrix of the deceased member any money
to the amount of seven hundred and twenty dollars, which
shall remain in the hands of the said society after paying
the amount due to the society and the costs and expenses
of the sale, any Jaw or Ordinance in force in the Colony
to the contrary notwithstanding. The said sum of seven
hundred and twenty dollars to be considered as fersonal
estate, and liable to duty accordingly.

24. If any person whosoever, by false representation or
imposition, obtains possession of any moneys, securities,
books, papers, or other effects of a society under this
Ordinance, or, having the same in his possession, withholds
or misapplies the same, or wilfully applies any part thereof
to purposes other than those expressed or directed in the
rules of the society and authorised by this Ordinance, he
shall be liable, on summary conviction to a fine of ninety-six
dollars and costs, and to be ordered to deliver up to the
society all such moneys, securities, books, papers, or other
effects of the society, and to repay the amount of money
applied improperly, and in default of such delivery of effects,
or repayment of such amount of money, or payment of



Building Societies. [Ch. 38. No. 1. 11

such fine and costs aforesaid, to be imprisoned for three
months; but nothing herein contained shall prevent any
such person from being proceeded against by way of
indictment if a conviction has not been previously obtained
against him for the same offence under the provisions of this
Ordinance.

25. Proceedings under the last preceding section may be Initiation of
taken by or at the instance of — argh
(a) the society; or
(b) any member authorised by the society or by the
board of directors or committee of management
thereof or by the Registrar; or
(c) the Registrar.

26. A society under this Ordinance may terminate or be Proceedings

: ; necessary for
dissolved— determina-

(a) upon the happening of any event declared by its fener.
rules to be the determination of the society;

(b) by dissolution in manner prescribed by its rules;

(c) by dissolution with the consent of three-fourths
of the members holding not less than two-thirds of the
number of shares in the society testified by their
signatures to the instrument of dissolution: The
instrument of dissolution shall set forth—

(i) the liabilities and assets of the society in
detail;

(ii) the number of members, and the amount
standing to their credit in the books of the society ;

(iii) the claims of depositors and other creditors,
and the provision to be made for their payment ;

(iv) the intended appropriation or division of
the funds and property of the society;

(v) the names of one or more persons to be
appointed trustees for the special purpose and their
remuneration:

Alterations in the instrument of dissolution may be
made with the like consent, testified in the same
manner; the instrument of dissolution and all altera-
tions therein shall be registered in the manner provided



12

Ch. 38. No. 1.] Building Societies.



Power to
dissolve
society after
investiga-
tion.

Obligations
of liquida-
tors and
trustees on
dissolution.

for the registration of rules, and shall be binding upon
all the members of the society;

(2) by an order of the Supreme Court to wind up the
society, made as is directed in regard to companies
by the Companies Ordinance, the provisions whereof
except paragraph (4) of section 161 of the said Ordi-
nance shall apply to any such order.

Notice of the commencement and termination of every
dissolution or winding up shall be sent to the Registrar and
registered by him.

27. (1) Notwithstanding the provisions of the last pre-
ceding section, on the application in writing of one-tenth
of the whole number of members of any society under this
Ordinance, or of one hundred members in the case of a
society of more than one thousand members, setting forth
that the society is unable to meet the claims of its members,
and that it would be for their benefit that it should be
dissolved, and requesting an investigation into the affairs
of the society with a view to the dissolution thereof, the
Registrar may investigate the affairs of the society, but
shall before so doing give not less than two months’ previous
notice in writing to the society at its registered chief office
or place of meeting.

(2) If on such investigation it appears that the society
is unable to meet the claims of its members, and that it
would be for their benefit that it should be dissolved, the
Registrar may, if he considers it expedient so to do, award
that the society be dissolved, and shall direct in what
manner the affairs of the society are to be wound up:
Provided that the Registrar may suspend his award for
such period as he may deem necessary to enable the society
to make such alterations of its rules as will in his judgment
prevent the necessity of the award being made.

(3) The Registrar shall, within twenty-one days after
the making of any award for dissolution under this section,
cause notice thereof to be advertised in the Royal Gazette,
and in some newspaper circulating in the Colony.

28. Where a society under this Ordinance is being
dissolved in manner prescribed by its rules, or in pursuance



Building Socteties. [Ch. 38. No. 1.

of the consent of three-fourths of the members, the pro-
visions of this Ordinance shall continue to apply in the case
of the society, as if the liquidators or other persons con-
ducting the dissolution of the society, or the trustees
appointed under the instrument of dissolution, were the
board of directors or committee of management of the
society.

29. When a society under this Ordinance is being dis-
solved or wound up, a member to whom an advance has
been made under any mortgage or other security, or under
the rules of the society, shall not be liable to pay the
amount payable under such mortgage, security, or rules,
except at the time or times and subject to the conditions
therein expressed.

30. If a society under this Ordinance is dissolved in
manner prescribed by its rules, or in pursuance of the consent
of three-fourths of the members, the liquidators, trustees,
or other persons having the conduct of the dissolution shall,
within twenty-eight days from the termination of the
dissolution, send to the Registrar an account and balance
sheet signed and certified by them as correct, and showing
the assets and liabilities of the society at the commencement
of the dissolution and the mode in which those assets and
liabilities have been applied and discharged, and in default
of so doing shall each be liable, on summary conviction, to a
fine of twenty-four dollars for every day during which the
default continues.

31. A society under this Ordinance shall not cause or
permit the applicants for advances to ballot for precedence,
or in any way make the granting of an advance depend on
any chance or lot.

32. (1) A society under this Ordinance shall not advance
money on the security of any freehold or leasehold estate
which is subject to a prior mortgage, unless the prior
mortgage is in favour of the society making the advance.

(2) If any advance is made in contravention of this
section, the directors of the society who authorised the

13

Liability of
borrowing
members on
dissolution.

Account and
balance
sheet to be
sent to
Registrar on
dissolution.

Prohibition
of balloting
for
advances.

Prohibition
of advances
on second
mortgage.



14

Limits of
borrowing
power.

Provisions
as to name
and
deposits,

Societies
may unite
or transfer
engagements
to another.

Ch. 38. No. 1.] Building Societies.

advance shall be jointly and severally liable for any loss on
the advance occasioned to the society.

33. In calculating the amount for the time being secured
to a society under this Ordinance by mortgages from its
members for the purpose of ascertaining the limits of its
power to receive deposits or loans at interest, the amount
secured on properties the payments in respect of which were
upwards of twelve months in arrear at the date of the
society’s last preceding annual account and statement,
and the amount secured on properties of which the society
had been twelve months in possession at the date of such
account and statement, shall be disregarded: Provided
that this section shall not affect the validity of any deposit
or loan which was within the limit provided by law at the
time when it was received.

34. (1) A society under this Ordinance shall not use any
name or title other than its registered name, and shall not
accept any deposit except on the terms that not less than
one month’s notice may be required by the managers of the
society before repayment or withdrawal.

(2) If a society contravenes this section, the society,
and also every director or member of the committee of
management who is a party to the contravention, shall be
liable, on summary conviction, to a fine of forty-eight
dcllars, and, in the case of a continuing offence, to an
additional fine of forty-eight dollars for every week during
which the offence continues.

35. (1) Two or more societies under this Ordinance may
unite and become one society, with or without any dis-
solution or division of the funds of such societies or either
of them, or a society may transfer its engagements to any
other society, upon such terms as shall be agreed upon by
three-fourths of the members (holding not less than two-
thirds of the whole number of shares) of each of such
societies present at general meetings respectively convened
for the purpose. Notice of every such union or transfer
shall be sent to the Registrar, and registered by him, and
such registration shall operate as an effectual conveyance,
transfer, and assignment, as at the date of registration, of



Building Socteties. [Ch. 38. No. 1.

15



the funds, property, and assets of the said societies so
uniting to the united society, or of the society transferring
its engagements to the society to which such engagements
may be transferred, as may be set forth in the instrument
of union or transfer of engagements, without any conveyance,
transfer, or assignment whatsoever (save and except in the
case of stocks and securities requiring any special mode of
transfer): Provided that such union or transfer of engage-
ments shall not affect the rights of any creditor of either
or any society uniting or transferring its engagements.

(2) Where three-fourths of the members of two or
more societies present at general meetings respectively
convened for the purpose of considering any union or
transfer under this section, agree to the union or transfer,
the agreement shall notwithstanding anything in this
section, be valid if it obtains the concurrence in writing
of the holders of not less than two-thirds of the whole
number of shares of each society, whether they are present
at the meeting or not.

36. Where the rules of a society under this Ordinance
direct disputes to be referred to arbitration, arbitrators
shall be named and elected in the manner such rules provide,
or, if there be no such provision, at the first general meeting
of the society, none of the said arbitrators being beneficially
interested, directly or indirectly, in its funds; of whom a
certain number, not less than three, shall be chosen by
ballot in each such case of dispute, the number of the said
arbitrators and mode of ballot being determined by the
rules of the society; the names of such arbitrators shall be
duly entered in the minute book of the society, and, in
case of the death, or refusal or neglect of any of the said
arbitrators to act, the society, at a general meeting, shall
name and elect an arbitrator to act in the place of the

Determina-
tion of

disputes by
arbitration,

arbitrator dying, or refusing or neglecting to act; and -

whatever award shall be made by the arbitrators or the
major part of them, according to the true purport and
meaning of the rules of the society, shall determine the
dispute; and should either of the parties to the dispute
refuse or neglect to comply with or conform to such award
within a time to be limited therein, the Supreme Court,
upon good and sufficient proof being adduced of such



16

Determina-
tion of
disputes by
Registrar.

Determina-
tion of
disputes by
Court.

Determina-
tion to be
tinal.

Special case.

Ch. 38. No. 1.] Building Socteties.
award having been made, and of the refusal of the party
to comply therewith, shall enforce compliance with the
same upon the petition of any person concerned. Where
the parties to any dispute arising in a society under this
Ordinance agree to refer the dispute to the Registrar, or
where the rules of the society direct disputes to be referred
to the Registrar, the award of the Registrar shall have the
same effect as that of arbitrators.

37. The Supreme Court may hear and determine a dispute
in the following cases-—

(a) if it shall appear to the Court, upon the petition
of any person concerned, that application has been
made by either party to the dispute to the other party,
for the purpose of having the dispute settled by arbi-
tration under the rules of the society, and that such
application has not within forty days been complied
with, or that the arbitrators have refused or for a period
of twenty-one days have neglected to make any award;

(b) where the rules of the society direct disputes to be
referred to the said Court.

38. Every determination of a dispute by arbitrators, or by
the said Supreme Court, or by the Registrar, shall be binding
and conclusive on all parties, and shall be final to all intents
and purposes, and shall not be subject to appeal, and shall
not be removed or removable into any court of law, or
restrained or restrainable by the injunction of any court of
equity: Provided that the arbitrators or the Registrar or
the said Supreme Court, as the case may be, may, at the
request of either party, state a case for the opinion of the
Full Court on any question of law, and shall have power to
grant to either party to the dispute such discovery, as to
documents and otherwise, as might now be granted by any
court of law or equity, such discovery to be made on behalf
of the society by such officer of the society as the arbitrators,
Registrar, or Supreme Court may determine.

39. The arbitrators, Registrar, or court to whom a dispute
is referred in pursuance of this Ordinance, shall not be
compelled to state a special case on any question of law



Building Societies. [Ch. 38. No. 1.

arising in the case, but may do so on the request of either
party as provided in the last preceding section.

40. The word “ disputes’ in this Ordinance, or in the
rules of any society hereunder, shall be deemed to refer only
to disputes between the society and a member or any
representative of a member in his capacity of a member of
the society, unless by the rules for the time being it shall
be otherwise expressly provided; and, in the absence of
such express provision, shall not apply to any dispute between
any such society and any member thereof, or other person
whatsoever, as to the construction or effect of any mortgage
deed or other security, or any contract contained in any
document other than the rules of the society, and shall not
prevent any society, or any member thereof, or any person
claiming through or under him, from obtaining in the
ordinary course of law any remedy in respect of any such
mortgage or other security or other contract to which such
person or the society would otherwise be by law entitled.

41. A society under this Ordinance may purchase, build,
hire. or take upon lease any building for conducting its
business, and may adapt and furnish the same, and may
purchase or hold upon lease any land for the purpose of
erecting thereon a building for conducting the business of
the society, and may sell, exchange, or let such building,
or any part thereof.

42. Any person under the age of twenty-one may be
admitted as a member of any society under this Ordinance
the rules of which do not prohibit such admission, and may,
subject to the rules of the society, enjoy all the rights of a
member (save as herein provided), and may execute all
instruments and give all necessary acquittances, but during
his minority he shall not be competent to vote or hold any
office in the society.

43. Two or more persons may jointly hold a share or shares
in any society under this Ordinance; and all shares held
jointly by any two or more persons in any society registered
under this Ordinance, the rules whereof shall not prohibit
such joint holding, shall be deemed to be lawfully so held.

T.—-VI. 2

17

Definition of
‘* Disputes.”

Buildings
may be
purchased
or leased,
ete., as
places of
business.

Minors may
be elected
members.

Shares may
be held
jointly.



18

Annual
account and
statement of
funds.

Annual
account and
statement of
funds.

Particulars
as to
mortgages.

Ch. 38. No. 1.] Building Socteties.



44. The secretary or other officer of every society under
this Ordinance shall, once in every year at least, prepare an
account of all the receipts and expenditure of the society
since the preceding statement, and a general statement of its
funds and effects, liabilities and assets, showing the amounts
due to the holders of the various classes of shares respectively,
to depositors and creditors for loans, and also the amount
due or outstanding on their mortgage securities (not
including prospective interest), and the amount invested on
stock or other securities; and every such account and state-
ment shall be attested by the auditors, and such account and
statement shall be countersigned by the secretary or other
officer; and every member, depositor, and creditor for
loans shall be entitled to receive from the society a copy
of such account and statement.

45. (1) Every annual account and statement under the
last preceding section shall be made up to the end of the
official year of the society to which it relates, and shall be
in such form and shall contain such particulars as the
Registrar may from time to time with the approvel of the
Governor direct, either generally or with respect to any
society or class of societies. The form of annual account
and statement prescribed for general use by the Registrar
under this section, and every alteration of that form, shall
as soon as practicable be laid before the Legislative Council,
and shall not come into operation until the expiration of
forty days from the date at which it is so laid: Provided
that every such account and statement shall set forth—

(a) with respect to mortgages to the society upon
each of which the present debt does not exceed
$24,000 (not being mortgages where the repayments
are upwards of twelve months in arrear, or where the
property has for upwards of twelve months been in
possession of the society), the number of all such
mortgages, and the aggregate amount owing thereon
at the date of the account or statement, such informa-
tion being given separately in respect of each of the
four following classes—

(i) where the debt does not exceed $2,400;

(ii) where the debt exceeds $2,400 and does not
exceed $4,800;





Butlding Societies. [Ch. 38. No. 1.

19



(iii) where the debt exceeds $4,800 and does not
exceed $14,400;
(iv) where the debt exceeds $14,400 and does
not exceed $24,000; and
(6) with respect to any other mortgage to the society,
the particulars shown by the appropriate tabular form
in the Schedule hereto.

(2) Every auditor, in attesting every such annual
account or statement, shall either verify that it is correct,
duly vouched, and in accordance with law, or specially
report to the society in what respect he finds it incorrect,
unvouched, or not in accordance with law, and shall also
certify that he has at that audit actually inspected the
mortgage deeds and other securities belonging to the
society, and shall state the number of properties with
respect to which deeds have been produced to and actually
inspected by him.

(3) A copy of every such annual account and state-
ment shall be sent to the Registrar within fourteen days
after the annual or other general meeting at which it is
presented, or within three months after the expiration of the
official year of the society, whichever period expires first,
and another copy thereof shall be suspended in a conspicuous
place in every office of the society.

(4) For the purposes of this section, the expression “

“official year’ shall mean, in the case of any society
hereafter to be established, the year ending on the 31st of
December, and, in the case of any existing society, the year
ending on the day up to and inclusive of which its annual
account and statement is made.

46. Notwithstanding anything in the rules of any society,
one at least of the auditors of the society shall be a person
who publicly carries on the business of an accountant.

47. (1) The Registrar may, if he thinks fit, on the appli-
cation of ten members of a society under this Ordinance,
each of whom has been a member of the society for not
less than twelve months immediately preceding the date
of the application, appoint an accountant or actuary to
inspect the books of the society, and to report thereon.

2 (2)

Duties of
auditors.

Time for
sending
copies of
account to
Registrar.

Official
year.”

Auditors.

Inspection
of books.



20

Registrar
may appoint
inspector or
call special
meeting,

Ch. 38. No. 1.] Bualding Societies.



(2) Provided as folows—

(a) the applicants shall deposit with the Registrar
such sum as a security for the costs of the proposed
inspection as the Registrar may require; and

(>) all expenses of and incidental to any such
inspection shall be defrayed by the applicants, or out
of the funds of the society, or by the members or
officers, or former members or officers, of the society
in such proportions as the Registrar may direct.

(3) The person appointed under this section shall have
power to make copies of any books of the society, and to
take extracts therefrom at all reasonable hours, at the
registered office of the society or at any place where the
books are kept.

(4) The Registrar shall communicate the results of
any such inspection to the applicants and to the society.

48. (1) The Registrar may, on the application of one-
tenth of the whole of the members of a society under this
Ordinance, or of one hundred members in the case of a
society consisting of more than one thousand members,
and with the consent of the Governor, either appoint an
inspector to examine into and report on the affairs of the
society, or call a special meeting of the society.

(2) Provided as follows—

(a) the application under this section shall be
supported by such evidence as the Registrar may direct
for the purpose of showing that the applicants have
good reason for requiring the inspection to be made or
the meeting to be called, and that they are not actuated
by malicious motives in their application; and

(b) such notice of the application shall be given to
the society as the Registrar may direct; and

(c) the Registrar shall require the applicants to give
security for the costs of the proposed inspection or
meeting before the inspector is appointed or the meeting
is called; and

(d) all expenses of and incidental to the inspection or
meeting shall be defrayed by the applicants, or out of
the funds of the society, or by the members or officers,



Building Socteties. [Ch. 38. No. 1.

or former members or officers of the society, in such
proportions as the Registrar may direct.

(3) An inspector appointed under this section may
require the production of all or any of the books, accounts,
securities, and documents of the society, and may examine
on oath its officers, members, agents, and servants in
relation to its business, and may administer an oath
accordingly.

(4) The Registrar may direct at what time and place
a special meeting under this section is to be held, and what
matters are to be discussed and determined at the meeting,
and the meeting shall have all the powers of a meeting
called according to the rules of the society, and shall in all
cases have power to appoint its own chairman, any rule of
the society to the contrary notwithstanding,

(5) The Registrar may, without any application by
members, but with the consent of the Governor given on
each occasion, exercise the powers given by this section in
the following cases—

(a) where a society has, for two months after notice,
failed to make any returm required by this Ordinance;

(b) where a society has, for two months after notice,
failed to correct or complete any such return;

(c) where evidence is furnished by a statutory
declaration of not less than three members of a society
of facts which in the opinion of the Registrar call for
investigation, or for recourse to the judgment of a
meeting of the members: Provided that the Registrar
shall, forthwith on receipt of such declaration, send
a copy thereof to the society, and such society shall,
within fourteen days from the sending of such copy,
be entitled to give the Registrar an explanatory
statement in writing, by way of reply thereto.

49. (1) Where the Registrar is satisfied that a certificate
of incorporation has been obtained for a society under this
Ordinance by fraud or mistake, or that any such society
exists for an illegal purpose, or has wilfully and after notice
from the Registrar violated any of the provisions of this
Ordinance, or has ceased to exist, the Registrar may, by
writing under his hand, with the approval of the Governor,

21

Powers of
inspector.

Time and
place of
meeting.

Power in
certain cases
to call
special
meeting.

Cancelling
and suspen-
sion of
registry.



ae

Notice of
intention to
suspend or
cancel
registry.

Appeal from
Registrar.

Cancellation
at request
of society.

Effect of
cancellation
or suspen-
sion,

Receipt to
be sufficient
discharge
without
conveyance

Ch. 38. No. 1.] Building Societies.

cancel the registration of the society, or suspend the
registry thereof for any term not exceeding three months,
and may, with the like approval, renew such suspension
from time to time for the like period.

(2) The Registrar shall, before cancelling or suspending
the registry of the society under the foregoing powers, give
to the society not less than two months’ previous notice in
writing, specifying briefly the ground of the proposed
cancelling or suspension, and shall, as soon as practicable
after the cancelling or suspension takes place, cause notice
thereof to be published in the Royal Gazette, and in some
newspaper circulating in the Colony.

(3) A society may appeal from the cancelling of its
registry, or from any suspension thereof for a term exceeding
six months, to the Supreme Court, and thereupon the Court
may, if it thinks it just so to do, set aside the cancelling or
suspension.

(4) The Registrar may also, if he thinks fit, at the
request of any society under this Ordinance, evidenced in
such manner as he may direct, cancel the registry of the
society.

(5) A society whose registry has been cancelled or
suspended shall from the time of such cancelling or suspen-
sion (but in case of suspension only while the suspension
lasts, and in any case subject to the right of appeal given by
this section) absolutely cease to enjoy as such the privileges
of a society under this Ordinance, but without prejudice to
any liability incurred by the society, and any such liability
may be enforced against the society as if the cancelling or
suspension had not taken place.

50. When all moneys intended to be secured by any
mortgage or further charge of or upon any land not brought
under the provisions of the Real Property Ordinance, given
to a society under this Ordinance, have been fully paid or
discharged, the society may endorse upon or annex to such
mortgage or further charge a reconveyance of the mortgaged
property to the then owner of the equity of redemption, or
to such persons and to such uses as he may direct, or a
receipt under the seal of the society, countersigned by the
secretary or manager, in the form specified in the Schedule



Building Societies. [Ch. 38. No. 1.



hereto; and such receipt shall vacate the mortgage or further
charge or debt, and vest the estate of and in the property
comprised therein in the person for the time being entitled
to the equity of redemption, without any reconveyance or
resurrender whatever; and if the said mortgage or further
charge has been registered under any law or Ordinance
of the Colony for the registration or record of deeds or titles
other than the Real Property Ordinance, the Registrar
under such law or Ordinance, or his Deputy, or the recording
officer, as the case may be, shall, on production of such
receipt verified by the oath of any person, endorse upon or
annex to such mortgage or further charge an entry to the
effect that such mortgage or charge is satisfied, and shall
grant a certificate separately to the like effect, which
certificate shall be received in evidence in all courts and
proceedings without any further proof, and which entry
shall have the effect of clearing the register or record of
such mortgage; and there shall be paid to the Registrar or
recording officer for the use of the Colony a fee of sixty
cents for making the said entry and granting the said
certificate, and such fee shall be paid by stamps and applied
as the other fees of such registry of deeds or titles are for the
time being applied.

51. Every society under this Ordinance shall be deemed to
be a company within the meaning of the Companies
Ordinance.

52. If any society formed under this Ordinance, or any
persons representing themselves to be a society under this
Ordinance, commence business without first obtaining a
certificate of incorporation under this Ordinance, or if
any society under this Ordinance makes default in inserting
in any deposit book or acknowledgment or security for loan
the matters required by section 8 to be inserted therein,
the person or persons by whom such business shall have
been so commenced, or by whom such default shall have
been made, shall be liable, for every day business is so
carried on, or for every such default, on summary conviction,
on the complaint of the Registrar, to a fine of twenty-four
dollars. If any society under this Ordinance receives
loans or deposits in excess of the limits prescribed by this

23

Application
of Com
panies
Ordinance.

Penalties.



24

Penalties

for neglect
or refusal to
comply with
provisions

of Ordinance.

False entries.

Gifts, etc.,
not to be
accepted by
officials.

Ch. 38. No. 1.] Building Socteties.



Ordinance, the directors or committee of management of
such society receiving such loans or deposits on its behalf
shall be personally liable for the amount so received in
excess.

53. If any society neglects or refuses—

(a) to give any notice, send any return or document,
or do or allow to be done anything which the society is
by this Ordinance required to give, send, do, or allow
to be done, or

(>) to do any act or furnish any information required
for the purpose of this Ordinance by the Registrar or
by an inspector,

the society, and also every officer thereof bound by the rules
thereof to fulfil the duty a breach of which has been
committed, and if there is no such officer then every
member of the committee of management or board of
directors of the society, unless it appears that he was
ignorant of or attempted to prevent the breach, shall for
each offence be liable, on summary conviction, to a fine of
ninety-six dollars, and, in the case of a continuing offence,
to an additional fine of twenty-four dollars for every week
during which the offence continues.

54. If any person wilfully makes, orders, or allows to be
made any false statement in any document required by
this Ordinance to be sent to the Registrar, or by erasure,
omission, or otherwise wilfully falsifies any such document,
he shall be liable, on summary conviction, to a fine of two
hundred and forty dollars.

55. No director, secretary, surveyor, solicitor, or other
officer of the society under this Ordinance shall, in addition
to the remuneration prescribed or authorised by the rules of
the society, receive from any person any gift, bonus,
commission, or benefit for or in connection with any loan
made by the society, and any person paying or accepting
any such gift, bonus, commission, or benefit shall be
liable, on summary conviction, to a fine of two hundred
and forty dollars, and the person accepting any such gift,
bonus, commission, or benefit shall, as and when directed



Building Societies. [Ch. 38. No. 1.

25



by the court by whom he is convicted, pay over to the society
the amount or value of such gift, bonus, commission, or
benefit, and, in default of such payment, shall be liable
to be imprisoned for six months.

56. The Registrar shall cause to be made an abstract
and report of the annual accounts and statements of
societies and of his proceedings as Registrar under this
Ordinance, and shall lay the same before the Governor
and Legislative Council.

57. The Governor in Council may make regulations
respecting the fees, if any, to be paid for the transmission,
registration, and inspection of documents under this
Ordinance and generally for carrying this Ordinance into
effect.

SCHEDULE.
Bond.
KNow ALL MEN by these presents that we, of one of the officers
of the Building Society established at in the of and
of (as surety on behalf of the said ) are jointly and severally
held and firmly bound to the said society in the sum of to be paid to the

said society, for which payment well and truly to be made we jointly and severally
bind ourselves, and each of us by himself, our and each of our heirs, executors and
administrators, firmly by these presents. Dated the day of 7
19.

Whereas the above bounden has been duly appointed to the Office
of of the Building Society, established as aforesaid, and he, together
with the above bounden as his surety, have entered into the above written
bond subject to the condition hereinafter contained.

Now, therefore, the condition of the above written bond is such, that if the said
shall and do render a just and true account of all moneys received and
paid by him, and shall and do pay over all the moneys remaining in his hands,
and assign and transfer or deliver all securities and effects, books, papers and
property of or belonging to the said society in his hands or custody, to such person
or persons as the said society shall appoint according to the rules of the said society,
together with the proper or legal receipts or vouchers for such payments, then the
above written bond shall be void and of no effect, otherwise shall be and remain
in full force and virtue.



Receipt to be endorsed on Mortgage or Further Charge.

_ The Building Society hereby acknowledge to have received all moneys
intended to be secured by the within written deed.

In witness whereof the seal:of the society is hereto affixed this day of
19, by order of the Board of Directors in presence of :

Annual
report by
Registrar,

Regulations,

(Section 17.)

(Section 50.)



26

(Section 45.)

Ch.

38. No. 1.]

Building Societies.



and the property

»

has not been upwards of twelve months in possession of the society, and where the present debt exceeds $24,000.

PARTICULARS to be set forth in the case of a mortgage where the repayments are not upwards of twelve months in arrear,



Observations.

“1ROLTY
ul SjuowAeg JO JUNOULYy

‘s0UvADY
ul szuowAeY Jo JuNoWYy

749 Juesalg

‘,0UBAPY JO JuNOULy

“Ayrodolg

jo uolzen[eA = [RUIZ

*ployasea'T
JO ploysory Jay

‘yunoure 7eYM ‘Os JT
‘981eY9 10 vsvH}10U 101d
Aue 0} qoalqns Jey AA

‘QUBAPY JO 9zeC]







ParTIcuLaRs to be set forth in the case of property of which the society has been upwards of twelve months in possession.



Observations.

“va Of} OJ SBUIOSINQ | w

*1vo8 OY} OJ OWODU! SSOID)

|
“Syosset UT)
pepnput yunowe zuasasd)

“UdyR}
svm uorssassod way 3qaq]|



|
‘Ayrodoig,
jo uoenyea peu @

“g0UBAPY Jo junowy |

*pjoyoseayT
JO pjoyseLy 19YyU AA
‘yUNOW ZUM ‘OS JT)
‘asivyo 10 ade8z10w 011d)
Aue 0} yalqns 1044 M
“‘Wwayey

sem uotssassod uayMm 2} eq]

|
‘20UBAPY JO aye,
|

*SIOQUINN [[OY



Building Societies. [Ch. 38. No. 1.



Total...



27

(Section 45.)



28

Ch. 38. No. 1.]

Building Soctettes.



(Section 45.)

PARTICULARS to be set forth in the case of a mortgage where the repayments are upwards of twelve months in arrear, and the property has
not been upwards of twelve months in possession of the society.



Observations.

“edly

ur sjuawAeg jo Junowy|®

"WAC Wasarg,

‘QOURAPY Jo JuNOWY

‘Ayodolg
JO UOTZLNILA [eUISUIO

"ITOIIV

ur syjuow jo JaquiNy

“‘pjoyasea]
JO ploydeN] JOYVY AA

‘yunowe 7eYM ‘OS J]
‘aseyo 10 o8v8z10ur 101d
Aue 07 yalqns YY

‘QOUTAPY JO 9}R(]



eo

ao:

Total



ra neat teiateiaeaaiaiae aa



Bualding Societies. [Ch. 38. No. 1. 29

Certificate of Incorporation.

No.

The Registrar hereby certifies that the Building Society, established
at is incorporated under the Building Societies Ordinance, this day
of » 19°. The incorporation of a Building Society does not imply any

approval by the Registrar of its rules or tables, or any guarantee of its good
management or financial stability.

Registrar of Building Societies.

Certificate of Registration of Alteration of Rules.

The Registrar hereby certifies that the foregoing alteration of (or addition to)
the rules of the Building Society, established at , iS registered
under the Building Societies Ordinance, this day of » 19°.) The
registry of rules or alterations does not imply any approval of them by the Registrar,
or any guarantee of the good management or financial stability of the society.

Registrar of Building Societies.
Certificate of Registration of Change of Name.
The Registrar hereby certifies that the registered name of the Building
Society, established at , is changed from the date hereof to the name
following :

This day of »19
Negistray of Building Societies,

nertificate of Alteration of Chief Office.

The Registrar hereby certifies that the registered chief office of the

Ruilding Society, established at , is changed from the date hereof to the
office or place following :
This day of ,19

Negistrar of Building Societies.

Certificate of Registration of Instrument of Dissolution.

The Registrar hereby certifies that the foregoing instrument of dissolution of the

Building Society, established at » is registered under the Building
Societies Ordinance.

This day of ,19
Registrar of Building Societies.



30 Ch. 38. No. 2.] Friendly Socteties.



CHAPTER 38. No. 2.
FRIENDLY SOCIETIES.

a, AN ORDINANCE RELATING TO FRIENDLY SOCIETIES.
No. 18-1950.
, 43-1950.
Commence- [1 oth May, 1950.]
ment.
Short title. 1. This Ordinance may be cited as the Friendly Societies
Ordinance.
Interpre- 2. In this Ordinance—
tation.

’

“amendment of rule”’ includes a new rule, and a
resolution rescinding a rule;

“branch ’’ means any number of the members of a
society, under the control of a central body, having
a separate fund, administered by themselves or by
a committee of officers appointed by themselves, and
bound to contribute to a fund under the control of a
central body;

“child” includes son and daughter whether
legitimate or illegitimate, adopted son and adopted
daughter, and stepson and stepdaughter;

“committee ’’ means the committee of management
or other directing body of a society or branch;

“election ’’ means an election of an officer or
officers of a committee of management or other
directing body of a society or branch, held under the
provisions of this Ordinance;

“land ” includes any interest in land;

“meeting ”’ includes (where the rules of a society or
branch so allow) a meeting of delegates appointed by
members;

“ officer ’’ includes any trustee, treasurer, secretary,



Friendly Soctettes. [Ch. 38. No. 2.



or member of the committee of management of a
society or branch, or person appointed by the society
or branch to sue and be sued on its behalf;

‘‘ persons claiming through a member ” includes the
nominees of the member where nomination is allowed;

‘‘ prescribed person ’’ means a person prescribed by
any regulation made under this Ordinance;

‘property ”’ includes all property whether real or
personal (including books and papers) ;

“savings bank’? means the Post Office Savings
Bank and the savings department of any bank licensed
by Ordinance;

‘signed’ in relation to a body corporate, means
sealed;

‘society’ means a society registered under this
Ordinance, and includes societies subsisting at the
commencement of this Ordinance to which the
provisions of this Ordinance apply ;

‘subscription ’’ includes any contribution or dues
paid in accordance with the rules of a society or branch.

THE REGISTRAR.

3. (1) There shall be a Registrar of Iriendly Societies (in
this Ordinance called ‘“ the Registrar.’’)

(2) The Registrar shall be appointed by and shall hold
his office during the pleasure of the Governor.

(3) The Registrar shall be a barrister or solicitor of not
less than five years standing.

(4) The Governor may establish and maintain an
office for the Registrar and may appoint such officers and
other persons, as he may think fit, at such salaries or
allowances as he may from time to time fix, to assist the
Registrar in carrying out the duties imposed upon him by
this Ordinance and any amendment thereof. The Governor
may, by general or special order published in the Royal
Gazette, confer on such officers as be may deem fit all or
any of the powers of the Registrar under this Ordinance.

(5) The office of the Registrar shall be open to the
public for the transaction of business from the hourof

The

Registrar.

31



32

Annual
return by
Registrar.

Societies to
which this
Ordinance
applies.

Ch. 38. No. 2.] Friendly Socteties.

9.00 o’clock in the forenoon until the hour of 3.00 o’clock
in the afternoon of every day in the year excepting
Saturdays, on which days the office shall be closed at the
hour of 12 noon: Provided that the said office shall be kept
closed on Sundays, Good Friday, Christmas Day and on
all public holidays. :

(6) The Registrar may—

(a) prepare and cause to be circulated, for the use of
societies, model forms of accounts, balance sheets, and
valuations; and

(6) collect from the returns under this Ordinance and
from other sources, and publish and circulate, or
otherwise make known, such information on the
subject of the statistics of life and sickness, and the
application thereof to the business of friendly societies,
and such particulars of their returns and valuations,
and such other information useful to the members of
or to persons interested in societies, as he may think
fit; and

(c) cause to be constructed and published tables for
the payment of sums of money on death, in sickness,
or old age, fire insurance, or on any other contingency
forming the subject of an assurance authorised under
this Ordinance which may appear to be calculable:
Provided that the adoption of the tables by a society
shall be optional.

4. The Registrar shall in every year make a_ return
to the Governor containing, in respect of every society, the
particulars set out in section 26 of this Ordinance.

REGISTRY OF SOCIETIES.

5. (1) The following societies shall be societies to which
this Ordinance applies :—

(a) societies (in this Ordinance called friendly
societies) for the purpose of providing by voluntary
subscriptions of the members thereof, with or without
the aid of donations, for—

(i) the relief or maintenance of the members,
their husbands, wives, children, fathers, mothers,



Friendly Socteties. [Ch. 38. No. 2.

brothers or sisters, nephews or nieces, or wards
being orphans, during sickness or other infirmity,
whether bodily or mental, in old age (which shall
mean any age after fifty) or in widowhood, or for
the relief or maintenance of the orphan children
of members during minority; or

(ii) insuring money to be paid on the birth of a
member’s child, or on the death of a member,
or for the funeral expenses of the husband, wife,
child, ward, father, mother, brother, sister, uncle,
aunt, nephew or niece of a member, or of such
other relation of the member’s family as is wholly
or in part dependent upon the earnings of the
member for the ordinary necessaries of life, or of
the widow of a deceased member: Provided
always that a person shall be deemed to be the
child, father, mother, brother, sister, uncle, aunt,
nephew, niece or other relation as aforesaid of
the member, notwithstanding that he or she is
not a legitimate relative of such member: or

(ili) the relief or maintenance of the members
when on travel in search of employment, or
when in distressed circumstances, or in case of
shipwreck, or loss or damage of or to boats or
nets; or

(iv) the endowment of members or nominees of
members at any age; or

(v) the insurance against fire, to any amount
not exceeding seventy-two dollars, of the tools
or implements of the trade or calling of the
members; or

(vi) the insurance against fire, to any amount
not exceeding two hundred and forty dollars, of

the household furniture, goods and effects of the
members; or

(vii) insuring money to be paid in the event of
the marriage of members:

Provided that this Ordinance shall not apply to
a friendly society which contracts with any person
for the assurance of an annuity exceeding two hundred
and forty dollars per annum, or of a gross sum exceeding

two thousand four hundred dollars;

T.—VI. 3

33





34

Societies to
be registered.

Ch. 38. No. 2.] Friendly Socteties.



(5) societies (in this Ordinance called cattle insurance
societies) for the purpose of insurance to any amount
against loss of neat cattle, sheep, lambs, swine, horses,
and other animals by death from disease or otherwise;

(c) societies (in this Ordinance called benevolent
societies) for any benevolent or charitable purpose;

(Z) societies (in this Ordinance called working-
men’s clubs) for purposes of social intercourse, mutual
helpfulness, mental and moral improvement, and
rational recreation ;

(e) societies (in this Ordinance called specially
authorised societies) for any purpose which the
Governor may authorise as a purpose to which the
provisions of this Ordinance, or such of them as are
specified in the authority, ought to be extended:
Provided that where any provisions of this Ordinance
are so specified those provisions only shall be so
extended.

(2) For the purposes of clause (ii) of paragraph (a)
of subsection (1) the expression “‘ funeral expenses ” shall
be deemed to include all incidental and ancillary expenses
which the member may incur in connection with the
death and is not restricted to the payment of the funeral.

6. (1) Every society to which this Ordinance applies
shall be registered under this Ordinance: Provided that
it shall be deemed to be a sufficient compliance with the
provisions of this section if, before any subscriptions or
fees are collected from any member, the Registrar, by
writing under his hand, permits any person named therein,
hereinafter referred to as a permitted person, to take the
necessary steps for the formation of a society and if such
society is in fact registered within six months of such
permission being given as aforesaid.

(2) In the event of any contravention of the pro-
visions of this section, every secretary, trustee, member of
the committee, or other officer of an unregistered society
shall be hable to a fine of five dollars for every day during
which such society remains unregistered.

(3) Every permitted person shall while such society is
in process of formation cause to be kept proper books of



Friendly Socteties. [Ch. 38. No. 2.

35



account with respect to all subscriptions or fees received
and all sums of money expended by such person and the
matters in respect of which the receipts and expenditure
take place and shall immediately prior to the registration
of the said society or at the end of the said period of six
months, whichever shall occur sooner, send to the Registrar
a true return signed by him of the receipts and expenditure,
funds and effects collected, received and expended by him
while such society was in process of formation.

(4) If it is shown that proper books of account were
not kept by such permitted person throughout the said
period of six months immediately preceding the registration
of such society such permitted person shall unless he shows
that he acted honestly or that in the circumstances in which
the affairs of the society in formation were carried on the
default was excusable, be liable on summary conviction
to imprisonment for six months or to a fine of two hundred
and forty dollars.

(5) The Registrar shall on being satisfied that any
member or other person has subscribed to the funds so
collected or received or has an interest therein permit
such member or other person to inspect without payment
of any fee the said return at the office of the Registrar
during the usual or customary hours of business.

(6) The Registrar may at any time either before
or after the registration of a society order the books,
accounts, vouchers, documents, securities and funds of
such society during the period it was unregistered or in
course of formation to be inspected or audited by some
fit and proper person appointed by him, and it shall be the
duty of the permitted person and of every secretary,
treasurer, trustee and member of the committee or other
officer of the society to make available to the person so
appointed all the books, accounts, vouchers, documents,
securities and funds of the society for purposes of inspection
or audit; and the Registrar may order such person to be
paid out of the funds of the said unregistered society or
society in formation or by Government as he may deem
fit, such fee not exceeding such sum as may be prescribed.

7. (1) A society shall not be registered under this
Ordinance unless it consists of thirty-five persons at least.

3 (2)

Conditions
of registra-
tion.



36

Name of
society.

Acknowledg-
ment of
registry.

Ch. 38. No. 2.] Friendly Societies.

(2) For the purpose of registry, there shall be sent
to the Registrar an application to register the society,
signed by seven members and the secretary, and two copies
of the rules, together with a list of the names and addresses
of the secretary, of the treasurer, of every member of the
committee, and of every trustee or other officer intended
to be authorised to sue and be sued on behalf of the society
and of other members intending to join the society in order
to constitute a minimum membership of thirty-five.

(3) The rules of the society so sent shall, according
to the class in which the society is to be registered, contain
provisions in respect of the several matters mentioned in the
First Schedule hereto.

(4) Any society or branch registered under this
Ordinance the rules of which do not make adequate pro-
visions in respect of the several matters mentioned in the
First Schedule or required by regulations made under this
Ordinance, shall, upon notice in writing from the Registrar
to that effect, forthwith amend or supplement its rules
by including therein, the necessary provisions required by
such notice to be made.

(5) If the list is signed by the secretary, the treasurer,
every member of the committee, and every trustee and
other officer named therein, it shall on the registry of the
society be evidence that the persons so signing have been
duly appointed. The list shall be open to inspection by
any person on payment of a fee of twenty-four cents in
respect of any one registered society, and any such person
shall be entitled to take notes or extracts therefrom.

8. A society shall not be registered under a name
identical with that under which any other existing society
is registered, or so nearly resembling that name as to be
likely, or in any name likely, in the opinion of the Registrar,
to deceive the members or the public as to its nature or its
identity.

9. The Registrar, on being satisfied that a society has
complied with the provisions of this Ordinance as to
registry, shall issue to that society an acknowledgment of
registry specifying the designation of the society according



Friendly Socteties. [Ch. 38. No. 2.

37



to the classification set forth in this Ordinance, and this
acknowledgment shall be conclusive evidence that the
society therein mentioned is duly registered, unless it is
proved that the registry of the society has been suspended
or cancelled.

10. (1) From a refusal to register a society, an appeal
shall lie by the society to a Judge of the Supreme Court
sitting in Chambers.

(2) If the refusal to register is over-ruled on appeal
the Registrar shall give an acknowledgment of registry to
the society.

11. (1) An amendment of a rule made by a society shall
not be valid until the amendment has been registered under
this Ordinance, for which purpose copies of the amendment,
signed by three members and the secretary, shall be sent to
the Registrar.

(2) The Registrar shall, on being satisfied that any
amendment of a rule is not contrary to the provisions of this
Ordinance, issue to the society an acknowledgment of
registry of the amendment and that acknowledgment shall
be conclusive evidence that the amendment is duly registered.

(3) The provisions of this Ordinance as to appeals
from a refusal to register a society shall apply to a refusal
to register an amendment of a rule.

12. A society (other than a benevolent society or working-
men’s club) shall not be disentitled to registry by reason of
any rule for or practice of dividing any part of the funds
thereof if the rules of the society contain distinct provision
for meeting all claims upon the society existing at the time
of division before any such division takes place.

13. A society providing for the endowment of a member
or the nominee of a member at any age, or assuring a certain
annuity, shall not be entitled to registry, unless the tables of
contributions for such respective benefits or assurance,
certified by some actuary approved by the Registrar, who
has exercised the profession of actuary for at least five

Appeals from
refusal to
register.

Registry of
amendments
of rules.

Registry of
dividing
societies,

Registry of
insurance
societies and
of societies
assuring
annuities,



38 Ch. 38. No. 2.] Fnsendly Socteties.



years, are sent to the Registrar with the application for
registry.

SOCIETIES WITH BRANCHES.

Registry of 14. (1) Where a society has branches, the application for
saa registry shall be accompanied with—

Dramehes, (a) a list of all the branches, and notice of the place
where the registered office of each branch is situate;
and

(0) if any branch is to have trustees or officers
authorised to sue and be sued on its behalf, other
than the trustees or officers authorised to sue and be
sued on behalf of the society, a list of the names of all
such trustees or officers, distinguishing the branches
for which they are authorised to sue and be sued; and

(c) if the rules of all the branches (in this Ordinance
called branch rules) are or are intended to be identical,
a statement to that effect, and copies of those rules;
and

(d) if the branch rules are not or are not intended to
be identical, a statement to that effect, and copies of
all branch rules.

(2) A society having a fund under the control of a
central body to which every branch is bound to contribute
may be registered as a single society.

Establish- 15. There shall be sent under the hand of the secretary
ment of new

branches, Of a society to the Registrar—

(a) notice of the establishment of every new branch
of the society; and

(o) notice of the place where the registered office of
the branch is situate; and

(c) if the branch is to have trustees or officers
authorised to sue and be sued on its behalf, other than
the trustees or officers authorised to sue and be sued
on behalf of the society, a list of the names of such
trustees or officers; and

(4) astatement whether or not the rules of the branch
are identical with those of the other branches of the
society, and, if not so, a copy of the rules of the branch.



Friendly Societies. [Ch. 38. No. 2. 39

16. The provisions of this Ordinance as to— Application
be a! of previous
(a) the acknowledgment of registry of societies and provisions

amendments of rules, and cobra

(b) appeals from refusals to register societies and
amendments of rules and the result thereof, and

(c) the registry of the amendments of rules, and

(d) evidence of registry and of the appointment of
trustees and officers,

shall apply to branches and amendments of branch rules.

17. (1) A body which has been registered as a branch of a Requisites
society shall not be registered as a society except on pro- of preiehes
duction to the Registrar of a certificate, under the hand of 4s societies.
the chief secretary or other principal officer of the society
of which it was a branch, that the body has wholly seceded

or has been expelled from the society.

(2) An appeal shall lie from the refusal of the chief
secretary or other principal officer of the society, or his
omission, after three months from the receipt of a request
in writing made on behalf of the body to grant a certificate,
to a Judge of the Supreme Court sitting in Chambers.

18. A body which, having been a branch of a society, has Name of
wholly seceded or been expelled from that society shall not expelled
thereafter use the name of that society or any name implying branch.
that it is a branch thereof, or the number by which it was

designated as such branch.

19. A society or branch may contribute to the funds, and Contribu-
take part by delegates or otherwise in the government of any eee,
other society or branch of a society, as provided in the rules to another.
of that first-named society or branch, without becoming a

branch under this Ordinance of that other society or branch.

CONSEQUENCES OF REGISTRY.
20. Save as provided by section 31 of this Ordinance the Subscrip-

oe . . tions not
subscription of a person being or having been a member of a recoverable

society or branch shall not be recoverable at law. at law,



40

Ch. 38. No. 2.] Friendly Socteties.



Registered
office.

Appoint-
ment of
trustees.

Change in
list of
Olticers of
society.

21. (1) Every society and branch shall have a registered
office to which all communications and notices may be
addressed, and shall send to the Registrar notice of the
situation of that office, and of every change therein.

(2) In the case of a branch, the notice shall be sent to
the Registrar through an officer appointed in that behalf by
the society of which the branch forms part.

22. (1) Every society and branch shall have one or more
trustees, who shall be a member or members as the case
may be of the society or branch except the rules thereof shall
otherwise permit.

(2) The trustees shall be appointed at a meeting of the
society or branch, and by a resolution of a majority of the
members present and entitled to vote thereat.

(3) The society or branch shall within fourteen days
of such appointment send to the Registrar a copy of every
resolution appointing a trustee, signed by the trustee so
appointed, and by the secretary of the society or branch:
Provided however that if the Registrar is not satisfied that
the person so appointed as a trustee of a society or branch
is a fit and proper person such appointment shall be of no
effect. —

(+) The same person shall not hold any other office
in a society or branch of which he is a trustee.

(5) In the case of a branch, the copy of the resolution
shall be sent to the Registrar through an officer appointed
in that behalf by the society of which the branch forms part.

23. (1) Any change in the names or addresses of the
officers shown on the list mentioned in subsection (2) of
section 7 of this Ordinance shall be forthwith communicated
in writing to the Registrar by the secretary of a society,
and any secretary failing to make such communication shall
in the absence of reasonable excuse be guilty of an offence
under this Ordinance.

(2) The Registrar shall keep a book (to be called the
Register of Friendly Societies) in which shall be entered—

(a) the name and address of the registered office of
every society ;



Friendly Soctettes. [Ch. 38. No. 2.

41

Sn ttt

(b) the names and addresses of the officers shown on
the list mentioned in subsection (2) of section 7 of
this Ordinance and of all changes therein.

(3) A copy of any entry in the Register of Friendly
Societies certified under the hand of the Registrar to be a
true copy shall be received in evidence in all courts of justice
in the Colony without further proof.

24. (1) Every society and branch shall cause contribution
cards in the prescribed form to be issued to members for the
purpose of being filled in, returned, and dealt with in the
prescribed manner.

(2) Every member of a society or branch shall, not
later than the 31st of January in every year, send, deliver up
or return to the secretary of such society or branch his
contribution card in respect of the previous year for the
purposes of audit.

25. Every society and branch shall—

(a) cause its accounts to be regularly entered in the
prescribed books, separate accounts being kept of
all moneys received or paid on account of every
particular fund or benefit assured by the society or
branch for which a separate table of contributions
payable is adopted, distinét from all moneys received
and paid on account of any other benefit or fund; and

(0) keep a separate account of the expenses of
management of the society and of all contributions
on account thereof.

26. Once in every year, not later than the 31st of January,
every society and branch shall send to the Registrar a
return made up to the preceding 31st of December inclusively,
showing—

(a2) the number of members on its roll: Provided
that every person who at any time during the year was
a financial member of the society or branch shall be
included ;

(b) the amount of money on deposit in savings
banks;

Distribution
of contri-
bution cards.

Manner of
keeping
accounts.

Return of
members
and invest-
ments.





42

Audit.

Ch. 38. No. 2.] Friendly Societies.



(c) the amount of money invested in or on the
securities of any Municipal Corporation or incor-
porated borough of the Colony;

(d) the amount of money invested in or on the security
of the stock, shares or debentures of any bank incor-
porated, or of any building society established and
registered, in the Colony or in the United Kingdom,
or any Commonwealth country;

(¢) the amount of money invested in real and lease-
hold securities;

(f) the amount of money invested in shares in any
co-operative undertaking, with limited liability, the
shares of which are held by societies;

(g) the amount of money in the treasurer’s hands at
the close of work on the 31st of December aforesaid;
and

() the amount of money invested in authorised
trustee securities.

27. (1) Every society and branch shall, once at least in
every year, submit its accounts for audit to the auditor or
auditors appointed under this Ordinance at the prescribed

time and shall pay the prescribed fees to such auditor or
auditors.

(2) The auditors shall have access to all the books and
accounts of the society or branch, and shall examine the
annual return mentioned in this Ordinance, and verify the
annual return with the accounts, contribution cards,
register of members, sick relief books, the record of benefits
paid to members, blotters, and vouchers relating thereto,
and fully, truly and correctly answer the questionnaire
relating to the audit of the books and accounts of the
society or branch addressed to them by the Registrar,
and shall either sign the annual return as found by them
to be correct, duly vouched, and in accordance with law,
or specially report to the society or branch and to the
Registrar in what respects they find it incorrect, unvouched,
or not in accordance with law.

(3) An auditor may by writing under his hand require
the production before him at such time and place as may be



Friendly Socteties. [Ch. 38. No. 2.

43



fixed by the Registrar of all books, deeds, contracts, con-
tribution cards, register of members, record of benefits
paid to members, accounts, vouchers, receipts and other
documents which he may deem necessary for the purpose of
the audit, and may require any officer or other person
holding or accountable for any such book or document to
appear before him at the audit or any adjournment thereof,
and to make and sign a declaration as to the correctness
of such book or document.

(4) If any officer or other person neglects or refuses to
comply with any such requirement he shall be guilty of an
offence under this Ordinance, and if any officer or other
person knowingly and wilfully makes or signs any such
declaration which is untrue in any material particular, he
shall be deemed to be guilty of an offence under section 8
of the Perjury Ordinance.

(5) No person shall conduct the compulsory audit of
the accounts of a society or branch of which he is an officer
or member.

(6) The auditor shall disallow every payment made
without due authority according to law and surcharge the
same on the person or persons incurring or authorising the
illegal payment, and shall charge against any person
responsible therefor the amount of any deficiency or-loss
incurred by the negligence or misconduct of that person or
of any sum which ought to have been but is not brought into
account by that person and shall in every case certify the
amount due from such person.

(7) The Registrar may order any sum surcharged or
balance certified by an auditor upon audit of the books and
accounts of a society or branch to be due from any person to
be paid by that person into the office of the Registrar within
a fixed period or periods not exceeding six months in the
ageregate; and such moneys shall be paid out by the
Registrar to the said society or branch and proceedings
before a court of summary jurisdiction under section 51 of
this Ordinance may be taken at any time after the expiration
of the period or periods fixed by the Registrar notwithstand-
ing the payment of such sum to the Registrar: Provided
however that the court may take into consideration any
payment or payments as aforesaid.



44

Annual and
other
returns.

Quinquen-
nial valua-
tion.

Ch. 38. No. 2.] Friendly Socteties.

28. (1) Every society and branch shall, once in every
year, not later than the 31st of May, send to the Registrar
a return (in this Ordinance called the annual return) of the
receipts and expenditure, funds, and effects of the society
or branch as audited.

(2) The annual return shall—
(a) show separately the expenditure in respect of the
several objects of the society or branch; and

(0) be made out to the preceding 31st of December
inclusively.

(3) The society or branch shall, together with the
annual return, send a copy of any special report of the
auditors.

(4) In the case of a branch, the annual return shall be
sent to the Registrar through an officer appointed in that
behalf by the society of which the branch forms part.

(5) Every society and branch shall annually prepare
and send to the Registrar together with the annual return of
such society or branch returns relating to sickness and death
benefits and to maternity, dental, optical and other benefits
of the society or branch in accordance with the prescribed
forms made out to the preceding 3lst of December
inclusively.

29. (1) Subject to the provisions of this section the
Registrar may require every society or branch, not oftener
than once in every five years, either—

(a) to cause its assets and liabilities to be valued by a
valuer to be appointed by the society or branch and
approved by the Registrar, and to send to the Registrar
a report on the condition of the society or branch; or

(b) to’send to the Registrar a return of the benefits
assured and contributions receivable from all the
members of the society or branch, and of all its funds
and effects, debts and credits, accompanied by such
evidence in support thereof as the Registrar may
require.

(2) If the society or branch sends to the Registrar
such report as aforesaid, the report shall—
(a) be signed by the valuer; and



Friendly Socteties. [Ch. 38. No. 2.

(5) state the address and calling or profession of the
valuer; and

(c) contain an abstract to be made by the valuer of
the results of his valuation, together with a statement
containing such information with respect to the
benefits assured and the contributions receivable by
the society or branch, and of its funds and effects,
debts and credits, as the Registrar may require.

(3) If the society or branch sends to the Registrar
such return as aforesaid, the Registrar shall cause the assets
and liabilities of the society or branch to be valued and
reported on by some actuary, and shall send to the society

or branch a copy of the report and an abstract of the results
of the valuation.

(4) This section shall not apply to—

(a) a benevolent society, working-men’s club, cattle
insurance society or branch thereof; or

(b) a specially authorised society or branch unless it
is so directed in the authority for registering that
society or branch.

(5) The Registrar may, with the approval of the
Governor, dispense with the provisions of this section in
respect of societies or branches to whose purposes or to the
nature of whose operations he may deem those provisions
inapplicable. ,

(6) If any society fails to comply with any of the
requirements of this section it shall be guilty of an offence
against this Ordinance.

30. Every society and branch shall keep a copy of the last
annual balance sheet, and of the last quinquennial valuation
together with any special report of the prescribed persons,
always hung up in a conspicuous place of the registered
office of the society or branch.

31. (1) The rules of a cattle insurance society or branch,
and of such specially authorised societies: or branches
thereof as the Governor may allow to take the benefit of this
section, shall bind the society or branch and the members
thereof, and all persons claiming through them respectively,

45

Copy of last
balance
sheet.

Cattle
insurance
and other
societies.



46

Ch. 38. No. 2.] Friendly Societies.



Exemption
from stamp
and other
duties.

Priority on
death,

bankruptcy,

etc. of
officer.

to the same extent as if each member had subscribed his
name thereto, and there were in the rules contained an
agreement on the part of himself, his heirs, executors, and
administrators to conform to the rules subject to the pro-
visions of this Ordinance.

(2) All sums of money payable by a member to such
society or branch as aforesaid shall be deemed to be a debt
due from the member to the society or branch, and shall be
recoverable as such in the Petty Civil Court of the district
in which the member resides.

PRIVILEGES OF REGISTERED SOCIETIES.

32. (1) Stamp duty shall not be chargeable upon any of
the following documents—

(a) draft or order or receipt given by or toa registered
society or branch in respect of money payable by
virtue of its rules or of this Ordinance;

(b) letter or power of attorney granted by any person
as trustee for the transfer of any money of a registered
society or branch invested in his name in the public
funds;

(c) bond given to or on account of a registered society
or branch or by the treasurer or other officer thereof;

(d) policy of insurance, or appointment or revocation
of appointment of agent, or other document required
or authorised by this Ordinance or by the rules of a
registered society or branch.

(2) Any affidavit or statutory declaration required
or authorised by this Ordinance or by the rules of a
registered society or branch shall not be chargeable with the
fee of forty-eight cents required to be paid by the affixing
of stamps thereto.

(3) Customs duty shall not be chargeable for or in
respect of regalia, emblems, medals and other articles of
ceremonial wear or attire relating to societies.

33. (1) In the following cases, namely—

(a) upon the death or bankruptcy of any officer of a
society or branch having in his possession by virtue



Friendly Societies. [Ch. 38. No. 2.



of his office any money or property belonging to the
society or branch, or

(6) if any execution, attachment or other process is
issued against any such officer or against his property,

his executors or administrators, or trustee in bank-
ruptcy, or the Marshal or other person executing the
process, respectively, shall, upon demand in writing of
the trustees of the society or branch, or of any two of them,
or of any person authorised by the society or branch, or
by the committee thereof, to make the demand, pay the
money and deliver over the property to the trustees of
the society or branch in preference to any other debt or claim
against the estate of the officer.

(2) In this section, the expression “ bankruptcy ”
shall include liquidation of a debtor’s affairs by arrange-
ment.

34. (1) The rules of a society or branch may provide
for the admission of a person under twenty-one years of
age as a member.

(2) Any such member may, if he is over sixteen years
of age by himself, and if he is under that age by his parent
or guardian, execute all instruments and give all acquit-
tances necessary to be executed or given under the rules,
but shall not be a member of the committee, or a trustee,
secretary, or treasurer of the society or branch.

(3) The mother of an illegitimate child under sixteen
years of age shall, except there be an order of a court
depriving her_of the custody of such child, exercise, on
behalf of such child any powers in this section expressly or
impliedly contained. If such mother is dead, of unsound
mind, in prison, or absent from the Colony, the putative
father of such child may exercise any powers under this
section.

35. (1) A society or branch may subscribe out of its funds
to the Government or to any hospital, infirmary, charitable
or provident institution, any annual or other sum for the
purpose of securing to members of the society or branch and
their families the benefits of Government hospitals or of

47

Membership
of minors.

Subscrip-
tions to

Govt., hos-
pitals, etc. ,
and towards
education,

scie:
an

nce

id art.



48

Ch. 38. No. 2.] Friendly Societies.



Right to
supply

copies of
the rules.

Right to
supply
copies of
annual
return.

Inspection
of books by
members.

Limitation
of benefits.

any other hospital, infirmary, or other institution, according
to its rules.

(2) A society may apply or donate each year from its
funds a sum not exceeding twenty-four cents in respect of
every financial member for the purpose, or towards the
promotion or encouragement, of education, science or art in
the Colony.

RIGHTS OF MEMBERS.

36. Every society and branch shall deliver to every
person on demand, on payment of a sum not exceeding
forty-eight cents, a copy of the rules of the society or
branch.

37. Every society and branch shall supply gratuitously
to every member or person interested in its funds, on his
application, either

(a) a copy of the last annual return of the society or
branch; or

(b) a balance sheet or other document duly audited
containing the same particulars as to the receipts
and expenditure, funds, and effects, of the society
or branch as are contained in the annual return.



38. A member or person having an interest in the funds
of a society or branch may inspect the books at all reason-
able hours at the registered office of the society or branch,
or at any place where the books are kept, except that the
member or person shall not, unless he is an officer of the
society or branch, or is specially authorised by a resolution
of the society or branch to do so, have the right to inspect,
save as herein otherwise provided, the loan account of any
other member without the written consent of that member.

39. (1) A member, or person claiming through a member
of a society or branch shall not be entitled to receive more
than two thousand four hundred dollars by way of gross
sum, together with any bonuses or additions declared upon
assurances not exceeding that amount, or two hundred and
forty dollars a year by way of annuity, from any one or
more such societies or branches.



Fnendly Socteties. [Ch. 38. No. 2.



(2) Any such society or branch may require amember,
or person claiming through a member, to make and sign a
statutory declaration that the total amount to which that
member or person is entitled from one or more such
societies or branches does not exceed the sums aforesaid.

40. The rules of a society or branch may provide for
accumulating at interest, for the use of any member, any
surplus of his contributions to the funds of the society or
branch which may remain after providing for any assurance
in respect of which they are paid and for the withdrawal of
the accumulations.

41. (1) A person shall not, by reason of his enrolment or
service as a member of any police, military, naval or
air force, lose or forfeit any interest in a society or branch
which he possesses at the time of his being so enrolled or
serving, or be fined or otherwise penalised for absence from
or non-attendance at any meeting of the society or branch,
if his absence or non-attendance is occasioned by the
discharge of his police, military, naval or air duty as
certified by his commanding officer, any rules of the society
or branch to the contrary notwithstanding.

(2) A dispute between any such society or branch and
person by reason of that enrolment or service shall be
decided by the Registrar.

PROPERTY, FUNDS, AND INVESTMENTS.

42. (1) The trustees of a society or branch may, with the
consent of the committee or of a majority of the members
present and entitled to vote in general meeting, invest the
funds of the society or branch, or any part thereof, to any
amount in any of the following ways :—

(a) in a savings bank; or

(b) in the purchase of freehold land, or leasehold
land having an unexpired residue of not less than
20 years, or in the erection or alteration of offices
or other buildings thereon; or

(c) in or on the securities of any Municipal Corpora-
tion or incorporated borough of the Colony; or

T=VL 4

49

Accumula-
tion of
surplus of
contribu-
tions.

Service in
Armed
Forces.

Investment
of funds.



50

Loans to
assured
members.

Loans out
of separate
loan fund.

Ch. 38. NO: 2.] Friendly Socteties.

(d@) in or on the security of the stock, shares or
debentures of any bank incorporated or building
society established and registered in the Colony or
in the United Kingdom, or any Commonwealthcountry ;
or

(e) in or on the security of leaseholds having an
unexpired residue of not less than twenty years; or
(f) in any co-operative undertaking with limited
liability: Provided that such investment is_ first
approved by the Registrar; or
(g) in any investment in which trustees are for the
time being by law authorised to invest trust funds.
(2) The rules of a society with branches and of any
branch thereof may provide for the investment of funds of
the society or of that branch by the trustees of any branch,
or by the trustees of the society, and the consent required
for any such investment shall be the consent of the com-
mittee, or of such majority as aforesaid of the society or
branch by whom the funds are invested.

43. (1) A society and, subject to the rules of the society,
a branch may advance to a member of at least three years’
standing any sum not exceeding one-half of the amount of
an assurance on his life, on the written security of himself
and two satisfactory sureties for repayment.

(2) The amount so advanced, with all interest thereon,
may be deducted from the sum assured, without prejudice
in the meantime to the operation of the security.

44. (1) Asociety may, out of any separate loan fund to be
formed by contributions or deposits of its members, make
loans to members on their personal security, with or
without sureties, as may be provided by the rules, subject
to the following restrictions :—

(a) a loan shall not at any time be made out of money
contributed for the other purposes of the society;

(6) a member shall not be capable of holding any
interest in the loan fund exceeding one thousand four
hundred and forty dollars;

(c) a society shall not make any loan to a member on
personal security beyond the amount fixed by the



Friendly Societies. [Ch. 38. No. 2.

rules, or make any loan which, together with any
money owing by a member to the society, exceeds
two-thirds of the amount standing to the credit of
such member;

(d) a society shall not hold at any one time on deposit
from its members any money beyond the amount
fixed by the rules, and the amount so fixed shall
not exceed two-thirds of the total sums owing to
the society by the members who have borrowed from the
loan fund;

(¢) no member who is indebted to a society in respect
of a loan made to him by such society shall be accepted
as surety for another member of the said society.

(2) (a) The rules shall fix the interest to be charged
for loans which in no case shall exceed twelve per centum
per annum and the terms and conditions offered to con-
tributors and depositors. Interest shall be payable at
such time as the committee shall determine.

(6) Every society shall keep—
(i) a register of all contributors to or deposi-
tors in its loan fund;
(ti) a book showing particulars of loans made
and dates on which repayments are made;
(11) acash book in which allamounts received
or paid for any purpose of the loan fund shall
be entered by the responsible officer; and
(iv) proper books of accounts in which shall

be posted all entries from the cash and other
books relating to the loan fund.

(c) Once in every year, not later than the 30th of
June, a schedule of all promissory notes and other securities
and sums held by or due to a society from its members as
at the preceding 31st of December in the operation of a loan
fund shall be prepared and signed by the trustees and
lodged with the secretary, and the same shall be open
without charge to every member of the society. Such
schedule shall give the date of maturity of every such
promissory note or other security and the accumula-
tions of interest due thereon as at the preceding 31st of
December.

4 (2)



bs

Ch. 38. No. 2.] Friendly Soctettes.



Holding
of land.

Vesting of
property.

Devolution
on death.

45. (1) A society or branch may (if the rules thereof so
provide) hold or purchase freehold land, or take on lease
land with an unexpired residue of not less than twenty
years, in the names of the trustees of the society or branch,
and may sell, exchange, mortgage, lease, or build upon that
land (with power to alter and pull down buildings, and
again rebuild): Provided that no sale of freehold or leasehold
land of a society or branch shall be effected by the trustees
thereof save with the consent of the committee or of a
majority of the members present and entitled to vote in
general meeting; but a purchaser, assignee, mortgagee, or
tenant shall not be bound to enquire as to the authority
of any sale, exchange, mortgage, or lease by the trustees,
and the receipt of the trustees shall be a discharge for all
sums of money arising from or in connection with the sale,
exchange, mortgage, or lease.

(2) A branch of a society need not for the purposes of
this section be separately registered.

(3) Nothing in this section shall authorise a benevolent
society to hold land exceeding one acre in extent.

46. (1) All property belonging to a society shall vest in
the trustees for the time being of the society, for the use
and benefit of the society and the members thereof, and of
all persons claiming through the members according to the
rules of the society.

(2) The property of a branch of a society shall vest
wholly or partly in the trustees for the time being of that
branch or of any other branch of which that branch forms
part (or, if the rules of the society so provide, in the trustees
for the time being of the society) for the use and benefit
either of the members of any such branch and persons
claiming through those members, or of the members of the
society generally, and persons claiming through them,
according to the rules of the society.

(3) The trustees shall not be liable to make good any
deficiency in the funds of the society or branch, but shall be
liable only for sums of money actually received by them
respectively on account of the society or branch.

47. Upon the death, resignation, or removal of a trustee
of a society or branch, the property vested in that trustee



Friendly Socteties. [Ch. 38. No. 2.

shall, without conveyance or assignment, and whether the
property is real or personal, vest, as personal estate subject
2 the same trusts, in the succeeding trustees of that society

branch either solely or together with any surviving
or continuing trustees, and, ‘until the appointment of
succeeding trustees, shall so vest in the surviving or
continuing trustees only, or in the executors or adminis-
trators of the last surviving or continuing trustee.

48. In all legal proceedings whatsoever concerning any
property vested in the trustees of a society or branch, the
property may be stated to be the property of the trustees
in their proper names as trustees for the society or branch
without further description.

49. (1) A receipt under the hands of the trustees of a
society or branch, countersigned by the secretary, for all
sums of money secured to the society or branch by any
mortgage or other assurance, being in the form contained
in the Third Schedule hereto, if endorsed upon or annexed
to the mortgage or other assurance, shall vacate the
mortgage or assurance and vest the property therein
comprised in the person entitled to the equity of redemption
of that property, without reconveyance or re-surrender.

(2) If the mortgage or other assurance has been
registered in the registry of deeds in the office of the
Registrar General, the Registrar General shall, on produc-
tion of the receipt, verified by oath of any person, enter
satisfaction of the mortgage or charge made by the
assurance on the register, and shall grant a certificate,

either upon the mortgage or assurance, or separately to the
like effect.

(3) The certificate shall be received in evidence in all
courts and proceedings without further proof.

(4) The Registrar General shall be entitled to make
the said entry and grant the said certificate for a fee of
sixty cents, to be applied in like manner as other fees taken
by the Registrar General in his office.

53

Description
in legal pro-
ceedings.

Discharge
of mortgages
by receipt
ondorsed.

Third
Schedule,



54 Ch. 38. No. 2.) _ Friendly Societies.

OFFICERS IN RECEIPT OR CHARGE OF MONEY.

Security by 50. (1) Every officer of a society or branch having

priser: receipt or charge of money shall, before taking upon himself
the execution of his office, become bound w ith one sufficient
surety at the least in a bond in the form set forth in Part nt
of the Third Schedule hereto. or give the security of
guarantee society or company, in such sum as the seciety
or branch directs, conditioned for his rendering a just and
true account of all sums of money received and paid by
him on account of the society or branch at such times as
its rules appoint, or as the society or branch or the trustees
or committee thereof require him to do, and for the payment
by him of all sums due from him to the society or branch.

(2) Both the principal and the surety shall make a
statutory declaration testifying to the sufficiency of the
security furnished by the bond.

(3) The bond shall) within fourteen days after
execution thereof be forwarded, together with the above-
mentioned declaration, by the society to the Registrar,
Who shall thereupon issue his certificate as to the lodgment
thereof; and a copy of the bond certified under the hand of
the Registrar shall be receivable in’ evidence without
further proof of the contents or the execution thereof.

(+) The committee of management of a society or
branch or the Registrar in their or his absolute discretion
and without assigning any reason for so doing, may require
the principal at any time to verify the sufficiency of the
bond so given by him or to furnish a fresh bond with one
sufficient surety at the least.

(5) No two officers of a society or branch shall have
the same surety save in the case of a guarantee society or
company nor shall any officer of a society or branch be or
become surety for another officer of the said society or
branch.

Accounts 51. (1) Every officer of a society or branch having
of officers. ~— receipt or charge of money shall, at such times as by the
rules of the society or branch he should render account,
or upon demand made, or notice in writing given or left
at his last or usual place of residence, give in his account
as may be required by the society or branch, or by the



Friendly Societies. [Ch. 38. No. 2.
trustees or committee thereof, or by the Registrar,
to be examined and allowed or disallowed by them
or him, and shall, on the like demand or notice, pay
over all sums of money belonging to the society or branch
and deliver all property belonging to the society or branch
in his possession or under his control to such person as the
society or branch, or the committee or the trustees, or the
Registrar, may appoint.

(2) In case of any neglect or refusal to deliver such
account, or to pay over such sums of money or to deliver
such property in manner aforesaid, the trustees or
authorised officers of the society or branch or the Registrar
may sue upon the bond or security before mentioned, or
may apply to a Magistrate, who may order the delivery of
such account or property or the payment over of such
sums of money with costs, and in default of such delivery
or payment, the person making such default may be
sentenced to imprisonment for three months.

PAYMENTS ON DEATH GENERALLY.

52. (1) A member of a society (other than a benevolent
society or working-men’s club) or branch thereof, not being
under the age of sixteen years, may, by writing under his
hand delivered at or sent to the registered orfice of the
society or branch, or made in a book kept at that office,
nominate a person or persons to whom any sum of money
payable by the society or branch on the death of that
member, not exceeding four hundred and eighty dollars,
shall be paid at his decease: Provided that any rule or rules
for the payment of any sum of money by a society or branch
on the death of a member exceeding two hundred and
forty dollars shall be subject to the approval of the
Registrar. The signature of every such nominator shall
be witnessed by at least one person of not less than twenty-
one years of age.

(2) The sum of money payable by the society or
branch on the death of a member shall include sums of
money contributed to or deposited in the separate loan
account and the sums of money accumulated for the use
of the member under the provisions of this Ordinance with
interest thereon.

35

Member may
dispose of
sums paya-
able on his
death by
nomination,



56

Proceedings
on death of
a nominator.

Ch. 38. No. 2.] Friendly Soctettes.

(3) The person so nominated must not be an officer
or servant of the society or branch, unless that officer or
servant is the husband, wife, father, mother, child, brother,
sister, uncle, aunt, nephew, or niece of the nominator.

(4) A nomination so made may be revoked or
varied by any similar document under the hand of the
nominator, delivered, sent, or made as aforesaid.

(5) The marriage of a member of a society or branch
shall operate as a revocation of any nomination theretofore
made by that member under this section.

(6) A nomination or a variation or revocation of a
nomination by writing or mark under the hand of a member
of a branch and delivered at or sent to the registered office
of that branch, or made in a book kept at that office shall
be effectual notwithstanding that the money to which the
nomination relates or some part thereof is not payable by

that branch, but is payable by the society or some other
branch.

(7) No nomination made by an illiterate person or
person incapable of writing through illness, infirmity or
otherwise shall be deemed to have any validity for any
purpose whatsoever unless such nomination is in writing
and executed in manner hereinafter mentioned, that is to
say, it shall be made by a person of the age of sixteen years
or more; the nominator shall make his mark thereto in the
presence of a justice of the peace, barrister-at-law, solicitor,
medical practitioner, minister of religion or a police officer
not below the rank of corporal, or such functionary may in
the presence of the nominator and by his discretion sign the
name of the nominator thereto on his behalf; and such
functionary shall attest and subscribe the nomination but
no form of attestation shall be necessary. And the pro-
visions herein contained shall likewise apply to every
variation or revocation of a nomination by an illiterate
person or a person incapable of writing through illness,
infirmity or otherwise

53. (1) On the death of a nominator, the society or branch
shall pay to the nominee the amount due to the deceased
member, not exceeding the said sum of four hundred and
eighty dollars.



F *riendly Soctettes. [Ch. 38. No. 2.

(2) The receipt of a nominee over sixteen years of age
for any amount so paid shall be valid.

(3) Where the nominee is unwilling or refuses to be
responsible for the funeral expenses of a deceased member or
has not applied for the moneys payable by the society or
branch on the death of such member within twelve hours
after knowledge of the death of such member shall have come
to the secretary of the society or branch of which the said
deceased was a member the secretary shall be empowered in
his discretion to make arrangements for the funeral of the
member and to defray his funcral expenses out of moneys
payable by the society or branch in respect of the death of
the said member.

54. (1) If any member of a society or branch entitled
from the funds thereof to a sum not exceeding four hundred
and eighty dollars, dies without having made a_ valid
nomination thereof then subsisting, the secretary may defray
thereout the funeral expenses of the deceased member and
in the case of an intestacy the committee may without
letters of administration distribute the balance among such
persons as appear to a majority of the said committee, upon
such evidence as they may deem satisfactory, to be entitled
by law to receive that sum.

(2) If in the case of an intestacy, any such member is
illegitimate and unmarried the committee may distribute
such balance among the persons who, in the opinion of a
majority of them, would have been entitled thereto, if that
member had been legitimate, or if there are no such persons,
the society or branch shall deal with the money as the
Governor may direct.

(3) Where for a period of three months after the
death of a member the committee fail or are unwilling or
neglect to exercise the power of distribution vested in them
under the provisions of this section the moneys payable on
the death of the said member of the society shall be paid
to the Administrator General to be dealt with by him
according to law.

55. (1) A payment made by a society or branch, under the
foregoing provisions of this Ordinance with respect to

57

Payment
of funeral
expenses
and balance
of money
due to
deceased
member in
absence of
valid nomi-
nation,

Validity of
payments.



58

Certificates
of death.

Ch. 38. No. 2.] Friendly Soctettes.

payments on death generally to the person who at the time
appears to a majority of the committee to be entitled
thereunder, shall be valid and effectual against any demand
made upon the trustees or the society or branch by any other
person, but the next of kin or lawful representative of the
deceased member shall have remedy for recovery of the
money so paid as aforesaid, against the person who has
received that money.

(2) Where the society or branch has paid money to a
nominee in ignorance of a marriage subsequent to the
nomination, the receipt of the nominee shall be a valid
discharge to the society or branch.

(3) Where an infant, or other person under disability
is entitled to receive from a society or branch moneys
payable on the death of a member, such moneys shall be
paid by the society or branch to the Administrator General
to the credit of such infant, or other person under disability
and the receipt of the Administrator General shall be a good
discharge.

(+) The Administrator General may retain out of the

said moneys for fees of office three per cent. thereof and shall

pay or apply the remainder to or for the care, maintenance,
education or benefit of such infant, or such person under
disability as he may think fit.

56. (1) Save as provided tm subsection (2) hereof a society
or branch shall not pay any sum of money upon the death of
a member or other person whose death is or ought to be
entered in any register of deaths, except upon the produc-
tion of a certificate of that death under the hand of the
Registrar of deaths or other person having care of the
register of deaths in which that death is or ought to be
entered.

(2) Where the death of such member or other person
takes place in a public institution a certificate of that death
under the hand of the superintendent or other person
authorised in that behalf by the superintendent shall be
accepted as proof of death.

(3) This section shall not apply to deaths at sea, nor
to any death certified by a Coroner to be the subject of a
pending inquest.



Friendly Soctettes.

[Ch. 38. No. 2.

PAYMENTS ON DEATH OF CHILDREN.

57. A society or branch shall not insure or pay on the
death of a child under five years of age any sum of money
which, added to any amount payable on the death of that
child by any other society or branch, exceeds one hundred
and twenty dollars, or on the death of a child of five years
of age and over but under ten years of age any sum of money
which, added to any amount payable on the death of that
child by any other society or branch, exceeds one hundred
and eighty dollars.

58. A society or branch shall not pay any sum on the
death of a child under ten years of age except to the parent
or guardian of the child, or to the personal representative
of the parent or guardian, and upon the production by the
parent or guardian or his personal representative of a certifi-
cate of death issued by the Registrar of deaths, or other
person having the care of the register of deaths, containing
the particulars mentioned in this Ordinance.

59. (1) Where application is made for a certificate of the
death of a child for the purpose of obtaining a sum of money
from a society or branch, the name of the society or branch,
and the sum sought to be obtained therefrom, shall be
stated to the Registrar of deaths.

(2) The Registrar of deaths shall write on or at the
foot of the certificate the words ‘to be produced to the
society or branch (naming the same) said to be liable for
payment of the sum of $ (stating the same) ’

(3) All certificates of the same death shall be num-
bered in consecutive order,

(4) A fee not exceeding twenty-four cents shall be
charged by the Registrar of deaths for each such certificate.

60. (1) A Registrar of deaths shall not give any one or
more certificates of death for the payment in the whole of
any sum of money exceeding one hundred and twenty
dollars on the death of a child under five years, or for the
payment in the whole of a sum exceeding one hundred and
eighty dollars on the death of a child of five years of age
-and over, but under ten years.

59

Limitation
of amount
payable.
Ord.43-1950.

Person to
whom pay-
mont may
be made.

Particulars
of certi-
ficates,

Cases in
which
certificates
may be
given,
Ord.43=1950.



60

Enquiries
by societies.

Saving as to
insurable
iterest, ete.

Decision of
disputes.

Ch. 38. No. 2.| Friendly Societies.

(2) A Registrar of deaths shall not grant any such
certificates unless the cause of death has been previously
entered in the register of deaths on the certificate of a
Coroner, or of a member of the Medical Board who attended
the deceased child during its last illness, or except upon the
production of a certificate of the probable cause of death
under the hand of a member of the Medical Board, or of other
satisfactory evidence thereof,

61. A society or branch to which is produced a certificate
of the death of a child which does not purport to be the tirst
shall, before paying any money thereon, enquire whether any
and what sums of money have been paid on the same death
by any other society or branch.

62. Nothing in this Ordinance respecting payments on the
death of children shall apply to insurances on the lives of
children of any age, where the person insuring has an interest
in the life of the person insured,

DIsPpUTES
63. (1) Every dispute between
(a) a member or person claiming through a member
or under the rules of a society or branch, and the
society or branch or an officer thereof, o1
(6) any person aggrieved who has ceased to be a
member of a society or branch, or any person claiming

through such) person oe and the society or
branch or an officer thereof,
(c) any branch of any cen or eee and the
society or branch of which it is a branch, ¢
(¢) an officer of any such branch and the society or
branch of which that branch is a branch, or
(e) any two or more branches of any society or
branch, or any officers thereof respectively,
shall, subject to the express provisions of this section, be
decided in manner directed by the rules of the society or
branch and the decision so given shall be binding and con-
clusive on all parties without appeal, and shall not be
removable into any court or restrainable by injunction;



Friendly Societies, [Ch. 38. No. 2.

and application for the enforcement thereof may be made
to any Magistrate: Provided that the parties to such
dispute may at any time by consent refer the dispute to the
Registrar who shall have power to hear and determine such
dispute as if it were a dispute ab initio before him as herein
provided.

(2) (a) Any party to a dispute ina society or branch
may apply to the Registrar to hear and determine the same,
and the Registrar may, if he thinks fit, and after proper
notice given to the other parties to such dispute, hear and
determine such dispute: Provided that the Registrar
may before proceeding to hear or determine a dispute make
or cause a preliminary investigation to be made into the
dispute with the object. of ascertaining the facts and
limiting the issues and of endeavouring to bring about
a voluntary settlement between the parties to the dispute.

(6) For the purpose of hearing and determining
any such dispute the Registrar to whom a dispute is referred
or to whom application is made to hear and determine a
dispute may administer oaths, and may require the atten-
dance of all parties concerned, and witnesses, and the
production of all books, documents and material objects
relating to the matter in question,

(c) The Registrar to whom a dispute is referred or
an application is made to hear and determine a dispute shall
have power to order the expenses of determining such dispute
including fees to legal practitioners to be paid either out of
the funds of the society or branch or by such parties to the
dispute as he may in his absolute discretion think fit.

(@) The decision of the Registrar on any matter or
question in any such dispute shall be binding and con-
clusive on all parties without appeal, and shall not be
removable into any court or restrainable by injunction.

(3) (a) The decision given in respect of every dispute
under this section shall be recorded in the prescribed form
or as near thereto as the circumstances of the case may
require, and a copy thereof duly signed by the Registrar
issued to each and every party to the dispute,

(6) Application for the enforcement of the deter-
mination and order contained in any such decision may be
made at any time within two years from the date of the said

61



62

Ch. 38. No. 2.] Friendly Societies.



decision to any Magistrate together with an authenticated
copy of the said determination and order. For the purpose
of enforcing such decision the Magistrate shall have, enjoy
and exercise in all respects the powers of and attaching toa
County Court in England.

(4) Where no decision is made on a dispute within
forty days after application to the society or branch for a
reference under its rules, the member, officer, person or
branch aggrieved may apply to the Registrar, who shall
hear and determine the matter in dispute; but in the case
of a society with branches the said forty days shall not begin
to run until application has been made in succession to all
the bodies entitled to determine the dispute under the rules
of the society or branch, so however that no rules shall
require a greater delay than three months between each
successive determination.

(5) Notwithstanding anything contained in the Arbi-
tration Ordinance or in any other Ordinance, any arbitrator
or umpire to whom a dispute is referred under the rules of a
society or branch or the Registrar to whom a dispute is
referred or application is made to hear and determine a
dispute under this section shall not be compelled to state a
special case on any question of law arising in the case, but
the Registrar may, if he thinks fit, or, at the request of either
party, state a case for the opinion of the Supreme Court, on
any question of law, and may also grant to either party such
discovery as to documents and otherwise, or such inspection
of documents, as might be granted by the Supreme Court,
and the discovery shall be made on behalf of the society or
branch by such officer thereof as the Supreme Court or
Registrar may determine.

(6) In this section, the expression “ dispute ”’ includes
any dispute arising on the question whether a member or
person aggrieved is entitled to be or to continue to be a
member or to be reinstated as a member, but, save as
aforesaid, in the case of a person who has ceased to be a
member, does not include any dispute other than a dispute
on a question between him and the society or branch or an
officer thereof which arose whilst he was a member, or arises
out of his previous relation as a member to that society or
branch.



Friendly Societies. [Ch. 38. No. 2.

(7) This section shall apply to unregistered societies
and societies in process of formation as it applies to societies
as defined in section 2 of this Ordinance.

CHANGE OF NAME, AMALGAMATION, AND CONVERSION
OF SOCIETIES.

64. (1) A society may, by special resolution, with the
approval in writing of the Registrar, change its name, and
shall not change its name in any other manner.

(2) Any such change of name shall not affect any
right or obligation of the society, or of any member thereof,
and any pending legal proceedings may be continued by or
against the trustees of the society, or any other officer who
may sue or be sued on behalf of the society, notwithstanding
its new name.

65. (1) Any two or more societies may, by special
resolution of both or all such societies, become amalgamated
together as one society, with or without any dissolution or
division of the funds of those societies or either of them.

(2) A society may, by special resolution, transfer its
engagements to any other society which may undertake to
fulfil the engagements of that society.

(3) A special resolution by a friendly society for an
amalgamation or transfer of engagements under this
Ordinance shall not be valid without—

(a) the assent thereto of three-fourths in value of
the members, given either at the meetings at which
the resolution is, according to the provisions of this
Ordinance, passed and confirmed, or at one of them,
or, if the members were not present thereat, in writing;
and

(o) the written consent of every person receiving or
entitled to any relief, annuity or other benefit from the
funds of the society, unless the claim of that person is
first duly satisfied, or adequate provision is made for
satisfying that claim.

(4) On application of the trustees or committee of a
friendly society desiring to amalgamate or transfer its

63

Power to
change
name,

Amalgama-
tion and
transfer of
engage-
ments.



64

Conversion
of society
into com-

pany.

Ch. 38. No. 2.] Friendly Soctettes.

engagements, and upon notice of that application being
published i in the Royal Gazette, the Registrar, after hearing
the trustees or committee and any other persons whom he
considers entitled to be heard upon the application, may
order that any of the assents, consents, and conditions
required by this Ordinance, or by any regulations made under
this Ordinance, be dispensed with, and may confirm the
amalgamation or transfer.

(5) A society consisting wholly of members under
twenty-one years of age, and. a society or branch or branches
of a society having members above twenty-one years of age,
may, by resolutions registered in the manner required for
the registration of an amendment of rules, become amalga-
mated together as one society or branch, or provide for
distributing among several branches the members of a society
consisting ‘wholly of members under twenty-one years of
age, and the other provisions of this section shall not apply
to that amalgamation.

(0) The value of members shall be ascertained by
giving one vote to every member, and an additional vote for
every five years that he has been a member, but to no one
member more than five votes in the whole.

(7) If any member of a friendly society which has
amalgamated or transferred its engag roments, or if any
person claiming any rehef, annuity, or other benefit from the
funds thereof, is dissatisfied with the provision made for

satisfying his claim, that member or person may apply to
the Registrar for relief or other order, and the Registrar shall
have the same powers in the matter as in regard to the
settlement of disputes under this Ordinance.

66. (1) A society may, by special resolution, determine to
convert itself into a company under the Companies Ordi-
nance, or to amalgamate with or transfer its engagements
to any such company.

(2) If a special resolution for. converting a society into
a company contains the particulars required by the Com-
panies Ordinance to be contained in the memorandum of
association of a company, and a copy thereof has been
registered with the Registrar, a copy of that resolution
under the hand of the Registrar shall have the same effect



Friendly Societies. [Ch. 38. No. 2.
as a memorandum of association duly signed and attested
under the said Ordinance.

(3) If a society is registered as, or amalgamates with,
or transfers all its engagements to, a company, the registry
of the society under this Ordinance shall thereupon become
void, and shall be cancelled by the Registrar; but the
registration of a society as a company shall not affect any
right or claim subsisting against that society, or any penalty
incurred by that society; and for the purpose of enforcing
any such right, claim, or penalty, the society may be sued
and proceeded against in the same manner as if it had not
become registered as a company; and every such right or
claim, or the liability to any such penalty, shall have
priority, as against the property of the company, over all
other rights or claims against or liabilities of the company.

67. An amalgamation or transfer of engagements in
pursuance of this Ordinance shall not prejudice any right
of a creditor of either or any society party thereto.

68. (1) A society may, by a resolution passed by a
majority of the members or delegates present and entitled
to vote at any general meeting, of which notice specifying
the intention to propose any such resolution has been duly
given according to the rules, determine to become a branch
of any other society, and also, if thought fit, of any branch
thereof.

(2) If the rules of the society do not comply with all
the provisions of this Ordinance in respect of the registry
of branches, the meeting at which any such resolution is
passed may amend the rules so as to bring the rules into
compliance with this Ordinance.

(3) A copy of the rules of the society marked to show
the amendments, if any, made at the meeting, and two
copies of the resolution and of such amendment of rules, if
any, as aforesaid, each signed by the chairman of the
meeting and by the secretary of the society so determining
to become a branch of another society, and countersigned
by the secretary of that other society, shall be sent to the
Registrar. ;

T.—VI. 5

Saving for
right of
creditors,

Conversion
of society
into branch.



66

Meaning of
special
resolution,

Registration

vf special

resolutions.

Ch. 38. No. 2.] Friendly Soctettes.

(4) If the Registrar finds that the rules, with or
without such amendment as aforesaid, comply with the
provisions of this Ordinance, he shall cancel the registry
of the first-mentioned society and register it as a branch of
that other society, and also, if so specified in the resolution
before mentioned, of any branch of that other society,
without further request or notice, and shall register such
amendment of rules without further application or evi-
dence, and until such registry as aforesaid the resolution
shall not take effect.

(5) An advertisement of any cancelling of registry
under this section shall not be requisite.

(6) The rules of a society which becomes a branch
under this section shall, so far as they are not contrary to
any express provision of this Ordinance, and subject to any
such amendment thereof as aforesaid, continue in force as
the rules of the branch until amended.

69. For the purposes of this Ordinance, a special resolu-
tion shall mean a resolution which is—

(a) passed by a majority of not less than three-
fourths of such members of a society, entitled under the
rules to vote as may be present in person or by proxy
(where the rules allow proxies) at any general meeting
of which notice specifying the intention to propose
{hat resolution has been duly given according to the
rules; and

(b) confirmed by a majority of such members,
entitled under the rules to vote, as may be present in
person or by proxy (where the rules allow proxies)
at a subsequent general meeting of which notice has
been duly given, held not less than fourteen days
nor more than one month from the day of the meeting
at which such resolution was first passed.

At any meeting mentioned in this section a declaration
by the chairman that the resolution has been carried shall
be conclusive evidence of the fact.

70. A copy of every special resolution for any of the
purposes mentioned in this Ordinance, signed by the chair-
man of the meeting and countersigned by the secretary, shall



Friendly Socteties. [Ch. 38. No. 2.

be sent to the Registrar’s office and registered by him, and
until that copy is so registered the special resolution shall
not take effect.

INSPECTION: INQUIRY: REMOVAL OF OFFICER:
CANCELLING AND SUSPENSION OF REGISTRY:
DISSOLUTION.

67

71. (1) The Registrar may in his absolute discretion and inspection —
without assigning any reasons for so doing appoint an_ °f books.

accountant to inspect and if necessary to audit the books
of a society or branch at any time and to report to him
thereon. A person appointed as an accountant under this
section shall have all the powers, privileges and authority
of an auditor appointed under this Ordinance. The cost
of such inspection and audit shall be borne by the Govern-
ment.

(2) In case any member of a society applies to the
Registrar to direct an inspection or audit of the books of
such society or branch, the Registrar may, in his absolute
discretion, make it a condition of granting the application
that such member deposit such sum as will be, in the opinion
of the Registrar, sufficient to cover the costs and charges
of such inspection or audit.

(3) The Registrar may, after the inspection or audit
is over and in his absolute discretion, either return such
sum to the member or cause to be repaid to the society or
branch the costs to which it has been put in and over such
inspection or audit out of such sum; the balance, if any,
being returned to the member so depositing as aforesaid.

(4) A person appointed under this section shall at all
reasonable times have access to all the books, accounts,
securities and documents of the society or branch and any
officer or person in charge, possession, custody or control of
such books, accounts, securities or documents who refuses
or neglects to afford such access shall be guilty of an offence
under this Ordinance. He shall also have power to make
copies of any book of the society or branch, and to take
extracts therefrom, at all reasonable hours, at the registered
office of the society or at any place where the books are kept.

(5) Any person, whether connected with the society
or not, who hinders, obstructs, or molests any person

5 (2)



68

Ch. 38. No. 2.] Friendly Societies.



Inspection
of society's
premises.

Inquiry.

appointed by the Registrar to inspect or audit the books,
accounts, securities and documents of such society shall be
hable to a fine of forty-eight dollars, or to imprisonment for
one month, or to both.

72. (1) The Registrar may enter and inspect, or may
authorise any person in writing to enter and inspect, the
registered office or place of meeting of any society or branch,
at any reasonable time by day or night and may examine
the condition and affairs of such society or branch and make
such enquiries as are necessary to ascertain its condition
and ability to provide for the payment of the benefits
payable under its rules and whether or not it has complied
with all the provisions of this Ordinance.

(2) The officers and servants of such society or branch
shall produce the books, accounts, vouchers, documents,
moneys and records of the society or branch for the inspection
of the Registrar or person authorised in writing and shall
otherwise facilitate such examination as far as it is in their
power provided that the books, accounts, vouchers, docu-
ments, moneys and records of a society or branch may be
required by the Registrar to be produced at the office of the
Registrar or at such other convenient place as the Registrar
may direct.

(3) Every request, requisition or order made or given
by the Registrar or authorised person under the provisions of
this section shall be carried into effect within such time as
the Registrar shall appoint not exceeding one month by the
society or branch, officer or servant to whom the same may
be directed, and every society or branch, officer or servant,
who shall in any way disobey or not carry into effect such
request, requisition or order shall be guilty of an offence
under this Ordinance.

73. (1) The Registrar may of his own motion or at the
request of a member or on the application of a creditor of a
society or branch by himself or by a person or persons duly
authorised by him in writing in this behalf, hold an inquiry
into the constitution, working, or financial condition of the
society or branch and the position or standing of any
member in the society or branch and may investigate



Friendly Socteties. [Ch. 38. No. 2.



all claims against the society or branch, its debts and
liabilities.

(2) Nothing herein contained shall prevent the
appointment by the Registrar under this section of an officer
or officers of the society or branch to carry out an inquiry
hereunder.

(3) The remuneration of any person or persons
authorised by the Registrar under this section and the other
expenses of the inquiry shall be such as the Registrar shall
approve and shall, unless the Registrar otherwise directs,
be borne by the society or branch.

(4) The result of any inquiry under this section shall
be communicated to the society or branch whose affairs
have been investigated and in the case of a creditor to the
creditor.

(5) All officers and members of the society or branch
whose affairs are investigated shall furnish such information
in their possession in regard to the affairs of the society
or branch as the Registrar or person authorised by the
Registrar may require.

(6) If any person wilfully hinders or delays the
Registrar or any person duly authorised by him under this
section in the exercise of any powers under this section, or
fails to comply with the requisition of the Registrar or said
duly authorised person in pursuance of this section, or to
produce any books, accounts, ledgers, receipts, vouchers,
documents or moneys which he is required to produce, that
person shall be deemed to obstruct the Registrar or said
duly authorised person in the execution of his duties under
this section.

(7) Every person who obstructs the Registrar or duly
authorised person in the execution of his duty under this
section shall be guilty of an offence against this Ordinance.

(8) For the purpose of holding an inquiry under this
section the Registrar or other authorised person shall have
power to administer oaths and affirmations and shall be
vested with the powers of a Magistrate for compelling the
attendance of witnesses, maintaining order and otherwise
duly conducting the said inquiry. Persons summoned to
attend at any such inquiry shall be legally bound so to
attend.

69



70:

Removal
of officer.

Ch. 38. No. 2.| Friendly Soctettes.

74, (1) (a) If at any time it appears to the satisfaction of
the Registrar after due inquiry into the facts the officer or
other person being afforded a full opportunity of being h ard
that an officer of a society or branch or a person holding
office in a society or branch, whether elected or otherwise,
has been guilty of negligence, irregularity or misconduct,
such officer or person may be removed from office by order
of the Registrar, and the Registrar shall notify the society
or branch concerned and direct that it proceed to the elec-
tion of a substitute in the place or stead of such officer or
person removed as aforesaid. In the event, that the society
or branch shall fail to elect an officer to fill the vacant office
within one month of the date of such direction the Registrar
may thereupon appoint a new officer to fill such vacant
office.

(b) (i) Every. officer or other person who is
removed by order of the Registrar having the custody of
any books, ledgers, vouchers, registers, bills, documents,
moneys or other property or matter belonging to a society
or branch or relating to the business or affairs of a society
or branch shall forthwith deliver up to the Registrar or to
any person authorised by him, such books, ledgers, vouchers,
registers, bills, documents, moneys or other property or
matter.

(ii) Any officer or other person who shall fail
to deliver up all or any such books, ledgers, vouchers,
registers, bills, documents, moneys, property or matter,
shall be guilty of an offence against this Ordinance and on
summary conviction before a Magistrate shall be hable to
imprisonment with hard labour for three months or to a
fine of one hundred and twenty dollars.

(2) In every case in which the Registrar shall remove
an officer of a society or branch or other person from office,
he shall, if required to do so by an order of a Magistrate,
transmit forthwith to such Magistrate any papers, docu-
ments, report or other matter upon which such order of
removal was made and if the Magistrate on perusing and
considering the same shall be of opinion that the officer
ought not to have been removed, he may call upon the
Registrar to show cause why an order should not be made
for the re-instatement of such officer. Any order may
command such officer either forthwith or on the expiration



Friendly Socteties. [Ch. 38. No. 2.

of any given time as may appear to the Magistrate to be
just, to do, execute, or perform any duty or duties apper-
taining to or in connection with his said office and may order
the payment by such officer of such costs and expenses as
the Magistrate may think fit.

(3) The time in which to perform or fulfil any duty
may be extended on application to a Magistrate, upon such
terms and for such time as the Magistrate in his discretion
may think fit.

(4) Every application to a Magistrate by an officer or
other person who has been removed by order of the Registrar
shall be made within thirty days from the day upon which
the order of removal was issued, unless further time be
allowed by a Magistrate upon special circumstances
accounting for the delay as may appear to the Magistrate
to be just.

(5) Any officer or other person removed from office
by order of the Registrar under the provisions of this
section shall thereupon cease to hold office in the said
society or branch from the date of such order for the
remainder of his then current term of office and shall be
disqualified for being elected and for being an officer of any
society or branch for a period not exceeding five years as
the Registrar shall determine, next after the end of his
aforesaid current term of office.

75. (1) If at any time it appears that the funds or the
property of any society or branch have been wrongfully
withheld, misapplied or applied for unauthorised purposes
or that the business of the society or branch has been carried
on with intent to defraud the society or branch or any
member thereof or any other person or that the conduct
of its proceedings or affairs has been carried on corruptly
or perversely the court, on the application of the Registrar
or any person authorised by him in writing, may, if it thinks
proper so to do, declare that any of the officers, whether
past or present, of the society or branch who were knowingly
parties to the wrongful withholding, misapplication or
unauthorised use of the said funds or property of the society
or branch or to the carrying on of the business of the society
or branch in manner aforesaid shall be personally liable with-
out any limitation of liability for all or any of the debts

71

Responsibi-
lity of

officers and
declaration
of liability.





72



Ch. 38. No. 2.] Friendly SOretes:



or other liabilities of the society or branch as the court may
direct: Provided that any person who has not held
office in a society or branch within a period of six years
previous to the time at which any contravention of the
provisions of this subsection as respects such society or
branch shall have been discovered shall not be called upon
to account under this subsection.

(2) The court may, on the application of the Regis-
trar, or any person authorised by him in writing, in the case
of any person in respect of whom a declaration has been
made by it under this section order such person to repay
or restore the money or property or any part thereof
respectively with interest at such rate as the court thinks
just, or to contribute such sum to the funds of the society
by way of compensation in respect of the withholding,
misapplication or unauthorised use as the court thinks just.
And where an order for the payment of any money is made
as aforesaid under this section the order shall be deemed to
be a judgment debt, due to the society or branch entitled
to receive the same from the person against whom the said
order has been made and such order for the payment of
money or restoration of property may be enforced in the
same manner as a judgment or order of the court in civil
cases may be enforced. In this section the expression
‘the court ” in relation to a declaration or the making of
an order as aforesaid means any civil court of competent
jurisdiction in the Colony.

(3) Where the court makes any such declaration, it
may, notwithstanding the provisions of subsection (2)
hereof and that such person be then dead, add such further
directions as it thinks proper for the purpose of giving effect
to that declaration, and in particular for making the
liability of any such person under the declaration a charge
in priority to all other claims legal or equitable under any
Act, Ordinance, Law, Rule or Regulation or any benefits,
moneys, credits, debt or obligation due or to accrue from the
society or branch to the said person, or on any share,
insurance, mortgage, charge or interest in, on or upon any
of the funds or assets of the said society or branch held by or
vested in the said person or any society or person on his
behalf or any person claiming as assignee from or through
the society or person, and may from time to time make such



Fnendly Socteties. [Ch. 38. No. 2.

further order as may be necessary for the purpose of en-
forcing any charge imposed under this subsection.

For the purpose of this subsection, the expression
“assignee”? includes any person to whom or in whose
favour, by the directions of the said person, the benefits,
credits, debt, obligation, mortgage or charge was created,
issued or transferred or the interest created, but does not
include an assignee for valuable consideration (not including
consideration by way of marriage) given in good faith and
without notice of any of the matters on the ground of which
the declaration is made.

(4) The court may, in the case of any person in
respect of whom a declaration has been made under sub-
section (1) of this section, order that that person shall not,
without the leave of the court, be an officer of or in any way,
whether directly or indirectly, be concerned in or take part
in the management of any society or branch for such
period, not exceeding ten years, from the date of the
declaration as may be specified in the order, and if any
person acts in contravention of an order made under this
subsection he shall in respect of such offence, be liable
on conviction on indictment to imprisonment for two
years, or on summary conviction to imprisonment for six
months, or to a fine of four hundred and eighty dollars,
or to both such imprisonment and fine.

(5) The provisions of this section shall have effect
notwithstanding that the person concerned may be crimin-
ally liable in respect of the matters on the ground of which
the declaration is to be made.

76. (1) The Registrar may—

(2) with the approval of the Magistrate assigned to
the magisterial district within which is situate the
registered office or any place of business of a society
(to whom application must be made in the prescribed
form), on proof to his satisfaction that an acknow-
ledgment of registry has been obtained by fraud or
mistake, or that a society exists for an illegal purpose,
or has wilfully and after notice from the Registrar
violated any of the provisions of this Ordinance, or

(6) if he thinks fit, at the request of a society to be
evidenced in such manner as he may direct, or

73

Cancelling
registry.



74 Ch. 38. No. 2.] I'riendly Soctettes.

(c) 1f a society has ceased to exist, by writing under
his hand cancel the registry of a society.

Suspension (2) The Registrar in any case in which he might under
of registry. : a 7 1
“paragraphs (a) and (c) of subsection (1) of this section
cancel the registry of a society, may, by writing under his
hand, suspend the registry for any term not exceeding three
months, and mi ty, with the approval of the Magistrate, as
aforesaid renew from time to time the suspension for the
like period.
et (3) A society shall be deemed to have ceased to exist
ca non- when

existent,

(a) no regularly convened meeting of the general
body of the society or of its committee of management
or other governing body has been held at the times
and plac © “appointed by the rules for holding the same
during a continuous period of six months; or

(6) no election of officers of the society has been held
in the manner prescribed by the rules for two con-
secutive years; OT

(c) any prescribed return required to be submitted to
the Registrar has not been so submitted in respect
of two consecutive years; or

(7) it has been reported to the Registrar by the
prescribed persons referred to in section 27, or by
the accountant appointed by the Registrar under
section 71 of this Ordinance, or the Registrar is
satisfied from a report so submitted to him by any
such prescribed persons or accountant, or as a result
of any inquiry made or held under the provisions
of section 73 of this Ordinance, that the society is
insolvent or must necessarily become so and in the
Kegistrar’s opinion no further business should be
transacted; or

(e) the number of the enrolled financial members of
the society is less than twenty.

Notice before (+) Unless the Registrar has given to a society not less

cancelling than one month's previous notice in writing in the pres-

suspension. ¢ribed form specifying briefly the grounds of any proposed
cancelling or suspension, the registry of the society shall not
be cancelled (except at its request) or suspended.



(5) Service of process under paragraph (a) of sub-
section (1) of this section and the notice in writing referred
to in subsection (4) of this section may be given as follows—

(a) by delivery thereof to any officer of the society

personally; or

(o) by leaving the same at or sending it by prepaid

registered post addressed to the society or to any
officer thereof at the registered office or last known
place of business of the society.

(6) When the registry of a society has been cancelled
or suspended, notice thereof shall forthwith be published in
the Royal Gazette.

(7) When the registry of a society has been sus-
pended or cancelled, the society shall, from the time of the
suspension or cancelling (but if suspended, only while the
suspension lasts, and subject also to the right of appeal
given by this section), absolutely cease to enjoy as such the
privileges of a society but without prejudice to any liability
whether criminal or civil incurred by the society; any such
criminal liability may be enforced against the society as if
the suspension or cancelling had not taken place; and any
such civil liability may be enforced

(a) after the cancelling, in the manner in subsection

(9) hereof provided, and

(0) after the suspension, as if the suspension had not

taken place.

(8) A society may within thirty days from the date of
the Royal Gazette in which the advertisement appears appeal
from the cancelling of its registry or from any suspension or
renewal of suspension thereof to a Judge of the Supreme
Court sitting in Chambers.

(9) Upon the cancelling of the registry of a society

with realisable property—

(a) every officer having receipt or charge of money or
other personal property of the society shall forthwith
deliver the same to the Registrar or his nominee who
shall realise by sale all such other personal property;
such money and proceeds of sale shall be applied by the
Registrar in the manner provided by paragraph (d)
of this subsection ;

Friendly Socteties. [Ch. 38. No. 2.

Service of
process.

Advertise-
ment,

Effect of
cancelling
and suspen-
sion of
registry.

Appeal.

Realisation
and mar-
shalling of
assets.



76

Ch. 38. No. 2.] Friendly Socteties.

(6) the committee of management or other managing
body of the society shall forthwith deliver to the
Registrar full particulars of all claims outstanding
against the society, of all securities and of all property
of whatever tenure held by the society and the Crown
grants or other muniments of title or copies of such
muniments of title in the possession of the trustee
or other member or members of the said committee
of management or of such managing body; the
Registrar shall have power to dispose of the said
property by sale and in the case of mortgage securities
to exercise the power of sale or of seizure which, but
for the cancelling of the registry of the society, would
otherwise be exercisable by the society or its trustees
and to execute in favour of the purchaser a deed of
conveyance, memorandum of transfer, assignment or
other appropriate instrument for vesting title in such
purchaser; the purchase money shall be deposited
with the Registrar or his nomince to be applied by the
Registrar in the manner provided by paragraph (d) of
this subsection. The Registrar shall also have power
to sue in his own name in any court of competent juris-
diction for the recovery of any sums due to the society;

(c) the Registrar shall upon realisation of all the
available property of the society publish an advertise-
ment in the prescribed form in a local newspaper once
in cach week for a period of two weeks requiring
creditors of the society to submit their claims to him;
such claims shall be in detail and be verified by affidavit
to the satisfaction of the Registrar;

(¢) upon the expiration of twenty-one days from the
date of the first publication of the advertisement,
the Registrar shall apply the moneys in hand in the
manner and in the order following—

(i) in payment of the prescribed fees and of all
expenses of and incidental to the realisation of the
property ;

(11) in payment of all local rates and all assessed
taxes, land tax, house tax, and all other taxes
or sums whatsoever assessed on the society;

(ili) in settlement of the amount due for not
more than six months’ house or land rent;



Friendly Socteties. [Ch. 38. No. 2. 77

(iv) in satisfaction of all claims submitted by
members of the Medical Board, dentists, opticians,
druggists, and undertakers;

(v) in payment to financial members of sick
relief death benefits or other benefits assured by
the society for which claims have been submitted;

(vi) in satisfaction of claims submitted for
salaries or other remuneration payable to officers
of the society ;

(vil) in satisfaction of all other demands not
being in the nature of unliquidated damages;

(vili) any balance in the hands of the Registrar
may, whether wholly or in part, be applied by
him in distribution among such of the members
of the society as the Registrar shall in his discretion
determine, and the rest, if any, of such moneys
shall be the property of the Crown and shall be
deposited into the Treasury in the prescribed
manner ;

(e) the decision of the Registrar in relation to the
marshalling and distribution of the assets of the
society shall be binding and conclusive on all parties
without appeal.

77. (1) Subject to the provisions of this Ordinance as to pissolution
the dissolution of societies with branches, a society or branch of societies.
may terminate or be dissolved in any of the following
ways-—

(a) upon the happening of any event declared by the
rules to be the termination of the society or branch;
or

(o) as respects societies or branches other than
friendly societies or branches, by the consent of three-
fourths of the members, testified by their signatures to
the instrument of dissolution; or

(c) as respects friendly societies or branches, by the
consent of three-fourths in value of the members
(including honorary members, if any), testified by
their signatures to the instrument of dissolution, and
also by the written consent of every person receiving
or entitled to receive any relief, annuity, or other



Instrument
of dissolu-
tion,

Ch. 38. No. 2.] Friendly Societies.

benefit from the funds of the society or branch, unless
the claim of that person is first duly satisfied, or ade-
quate provision made for satisfying that claim, and, in
the case of a branch, with the consent of the central
body of the society, or in accordance with the general
rules of the society; or

(7) by the award of the Registrar in the cases

specified in this Ordinance.

(2) The provisions of this Ordinance as to the method
of calculating the value of members and. the remedy of
members and persons dissatisfied with the provisions made
for satisfying their claims in the case of the amalgamation
or transfer of engagements of a friendly society shall apply
to the dissolution of a frie ndly society or branch.

78. When a society or branch is) terminated by an
Instrument of dissolution
(a) the instrument shall set forth
(1) the Habilities and assets of the society or
branch in detail; and
(it) the number of members and the nature of
their interests in the society or branch; and
(ui) the claims of creditors (if any) and the
provision to be made for their payment; and
(iv) the intended) appropriation. or oe of
the funds and property of the society or branch,
unless the appropriation or division: is a ited in
the instrument of dissolution to be left) to the
award of the Registrar:

(6) alterations in the instrument of dissolution may
be made with the like consents as are in this oo nce
required for the dissolution of a society or branch,
testified in the same manner;

(¢) astatutory declaration shall be made by one of the
trustees, or by three members and the secre tary of the
society or branch, that the provisions of this Ordinance
have been complied with, and shall be sent to the
Registrar with the instrument of dissolution:

(@) the instrument shall not, in the case of a friendly
society or branch, direct. or contain any provision
for a division or appropriation of the funds of the



Friendly Societtes. [Ch. 38. No. 2.

society or branch, or any part thereof, otherwise
than for the purpose of carrying into effect the objects
of the society or branch as declared in the rules thereof,
unless the claim of every member or person claiming
any relief, annuity, or other benefit from the funds
thereof is first duly satisfied, or adequate provisions
are made for satisfying those claims;

(ec) the instrument of dissolution and all alterations
therein shall be registered in manner in this Ordinance
provided for the registry of amendments-of rules, and
shall be binding upon all the members of the society
or branch;

(f) the Registrar shall cause a notice of the dissolu-
tion to be published in the Royal Gazette at the expense
of the society or branch, and, unless, within three
months from the date of the Royal Gazette in which
the advertisement appears, a member or other person
interested in or having any claim on the funds of the
society or branch commences proceedings to set aside
the dissolution of the society or branch, and_ the
dissolution is set aside accordingly, the society or
branch shall be legally dissolved from the date of that
advertisement, and the requisite consents to the
instrument of dissolution shall be considered to have
been duly obtained without proof of the signatures
thereto.

79. (1) Upon the application made in writing under their
hands
(a) of one-fifth of the whole number of members of a
society or branch; or
(6) in the case of a society or branch of one thousand
members and not exceeding ten thousand, of one
hundred members: or
(c) in the case of a society or branch of more than ten
thousand members, of five hundred members,
the Registrar may by himself, or by any actuary or
auditor whom the Registrar may appoint in writing under
his hand, investigate the affairs of the society or branch,
but shall give not less than one month’s previous notice in
writing to the society or branch whose affairs are to be
investigated.

79

Dissolution
by award,



80

Ch. 38. No. 2.] Friendly Soctettes.

(2) The application shall—

(a) state that the funds of the society or branch are
insufficient to meet the existing claims thereon, or
that the rates of contribution fixed in the rules of the
society or branch are insufficient to cover the benefits
assured; and

(b) set forth the grounds on which the insufficiency
is alleged; and

(c) request an investigation into the affairs of the
society or branch with a view to the dissolution thereof,

(3) If upon the investigation it appears that the funds
of the society or branch are insufficient to meet the existing
claims thereon, or that the rates of contribution fixed in the
rules of the society or branch are insufficient to cover the
benefits assured to be given by the society or branch, the
Registrar may, if he considers it expedient so to do, award
that the society or branch be dissolved, and its affairs wound
up, and shall direct in what manner the assets of the society
or branch shall be divided or appropriated: Provided that
the Registrar may suspend his award for such period as he
may deem necessary to enable the society or branch to
make such alterations and adjustment of contributions and
benefits as will in his judgment prevent the necessity of the
award of dissolution being made.

(4) The Registrar proceeding under this section shall
have all the same powers and authorities, enforceable by the
same penalties, as in the case of a dispute referred to him
under this Ordinance.

(5) Every award under this’ seetion, whether for
dissolution or distribution of funds, shall be final and
conclusive on the society or branch in respect of which the
award is made, and on all members of the society or branch,
and on all other persons having any claim on the funds of
the society or branch, without appeal, and shall be enforced
in the same manner as a decision of a dispute under this
Ordinance.

(6) The expenses of every investigation and award,
and of publishing every notice of dissolution, shall be paid
out of the funds of the society or branch before any other
appropriation thereof is made.



Friendly Societies. [Ch. 38. No. 2.

(7) Notice of every award for dissolution shall,
within twenty-one days after the award has been made, be
published by the Registrar in the Royal Gazette; and unless,
within three months from the date on which that advertise-
ment appears, a member or person interested in or having
any claim on the funds of the society or branch commences
proceedings to set aside the dissolution of the society or
branch consequent upon such award, and the dissolution
is set aside accordingly, the society or branch shall be legally
dissolved from the date of the advertisement, and the
requisite consents to the application to the Registrar shall
be considered to have been duly obtained without proof
of the signatures thereto.

80. The provisions of this Ordinance respecting the
dissolution of societies shall not apply to any society having
branches except with the consent of the central body of the
society.

81. (1) Where a person takes any proceeding to set aside
the dissolution of a society or branch, he shall give notice of
the proceeding to the Registrar not less than seven days
before the proceeding is commenced.

(2) Where an order is made setting aside the dis-
solution of a society or branch, the society or branch shall
give notice of the order to the Registrar within seven days
after the order has been made.

OFFENCES, PENALTIES, AND LEGAL PROCEEDINGS.
82. It shall be an offence under this Ordinance if—

(a) a society or branch or an officer or member
thereof fails to give any notice, deliver up, return or
send any contribution card, return or document, do or
allow to be done anything, which the society, branch,
officer, or person is by this Ordinance required to give,
deliver up, return, send, do, or allow to be done; or

(0) a society or branch or an officer or member
thereof wilfully neglects or refuses to do any act or to
furnish any information required for the purposes
of this Ordinance by the Registrar or by any other

T.—VI. 6

81

Dissolution
of societies
having
branches,

Notice of
proceedings
or order to
set aside
dissolution,

Offences.



82 Ch. 38. No. 2.| Iriendly Soctettes.

THlicit
payments,

person authorised under this Ordinance, or does
anything forbidden under its rules or by this Ordi-
nance; or

(c) a society or branch or an officer or member
thereof makes a return or wilfully furnishes information
in any respect false or insufficient; or

(d) an officer or member of a body which, having
been a branch of a society, has wholly seceded or been
expelled from that society, thereafter uses the name of
that society or any name implying that the body
isa branch of that society or the number by which that
body was designated as such branch; or

(c) where application is made to the Registrar to
hear and determine a dispute or where a dispute is
referred under this Ordinance to the Registrar, a
person refuses to attend ot to produce any books,
documents, or things, or to give evidence before
the Registrar; or

(f) a society or branch pays money on the death of a
child under ten years of age otherwise than is provided
by this Ordinance; or

(g) a parent or personal representative of a parent
claiming money on the death of a child produces a
certificate of the death other than is in this Ordinance
provided to the society or branch from) which the
money is claimed, or produce sa false certificate, or one
fraudulently obtained or in any way attempts to defeat
the provisions of this Ordinance with respect to pay-
ments upon the death of children; or

(i) an officer of a society or branch wilfully refuses to
observe or comply with any of the provisions of the
rules of such society or branch relating to his duties
or functions under such rules or with any of the
provisions of the regulations contained in the Second
Schedule to this Ordinance relating to his duties or
functions under such regulations: Provided that no
complaint shall be laid against any officer under this
paragraph except by, or with the consent in writing of,
the Registrar.

83. No officer of a society or branch shall, either in
addition to or in substitution for the remuneration prescribed



Friendly Socteties. [Ch. 38. No. 2.

under this Ordinance or authorised by the rules of the society,
or branch, receive from any other person any gift, bonus,
commission, or benefit, for or in connection with any
benefit paid or any loan made by the society or branch, and
any person paying or accepting any such gift, bonus,
commission, or benefit, shall be liable, on summary con-
viction, to a fine of two hundred and forty dollars, and,
in default of payment, to be imprisoned for six months,
and the person accepting any such gift, bonus, commission,
or benefit, shall as and when directed by the Court by whom
he is convicted, pay over to the society or branch the
amount or value of such gift, bonus, commission, or benefit,
and in default of such payment shall be liable to be im-
prisoned for six months.

84. (1) (a) No person who is an undischarged bankrupt
or has compounded with his creditors or has made an
arrangement or composition with his creditors under the
Bankruptcy Ordinance or the Deeds of Arrangement
Ordinance, shall be appointed, or if appointed, shall act as
the president, vice-president, secretary, assistant secretary,
treasurer, or trustee of a society.

(6) Any person acting in contravention of the
provisions of this subsection shall be liable to a fine of
ninety-six dollars.

(2) A person shall be disqualified for being elected
and for being an officer of any society or branch if within
the previous ten years he has been convicted of any offence
involving dishonesty. If any person, who, under the
provisions of this subsection, is disqualified for being
elected and for being an officer of any society or branch, or,
if elected to be an officer of any society or branch, has
become disqualified to hold such office, acts as an officer of a
society or branch he shall be guilty of an offence and shall
be liable on summary conviction to imprisonment for six
months with or without hard labour or to a penalty of two
hundred. and forty dollars.

85. (1) No person shall hold both the offices of president
and treasurer or secretary and treasurer of the same society
or a branch thereof.

6 (2)

83

Bankrupt,
etc,, not to
be officer of
a society.

Limitation
of office
holders,



84

Ottences by
societies to
be also

offences by
officers, ete.

Continuing
offences,

Punishment
of fraud,
false declara-
tions, and
Mis-appro-
priations,

Ch. 38. No. 2.] Friendly Societies.

(2) No person shall hold the office of treasurer in
more than one society.

(3) No person holding any other office therein shall
be, or act as, the medical officer, dentist, optician or druggist
of any society.

(4) Any person contravening any of the provisions
of this section shall be liable to a fine of one hundred and
twenty dollars.

86. Where a society or branch is guilty of an offence
under this Ordinance, every member of the committee,
unless that member is proved to have been ignorant of or
to have attempted to prevent the commission of the offence,
shall be liable to the same penalty as if he had committed
the offence.

87. Every default under this Ordinance constituting an
offence, if continued, shall constitute a new offence in
every week during which the default continues.

88. (1) If any person, with intent to mislead or defraud,
gives to any other person a copy of any rules, laws,
regulations, or other documents, other than the rules of a
society or branch, on the pretence that they are the existing
rules of that society or branch, or that there are no other
rules of the society or branch, or gives to any person a
copy of any rules on the pretence that those rules are the
rules of a registered society or branch when the society
or branch is not registered, the person so offending shall be
guilty of an offence under this Ordinance.

(2) If any person obtains possession by false represen-
tation or imposition of any property of a society or branch,
or withholds or misapplies any such property in_ his
possession, or wilfully applies any part thereof to purposes
other than those expressed or directed in the rules of the
society or branch and authorised by this Ordinance, he
shall, on such complaint as is in this section mentioned, be
liable to a fine of one hundred and twenty dollars, and
costs, and to be ordered to deliver up all such property, or to
repay all sums of money applied improperly, and in default
of such delivery or repayment, or of the payment of such



Friendly Socteties. [Ch. 38. No. 2.
fine and costs as aforesaid, to be imprisoned for three
months: Provided that where on such a complaint against
a person of withholding or misapplying property, or
applying it for unauthorised purposes, it is not proved
that that person acted with any fraudulent intent, he
shall not be liable to conviction but may be ordered to
deliver up all such property or may be ordered to repay
any sum of money applied improperly, with costs, and in
default of such delivery or repayment or of the payment of
such costs as aforesaid to be imprisoned for three months.

(3) Complaint under this section may be made—

(a) in the case of a society, by the society or any
member authorised by the society, or the trustees or
committee of the society; or

(6) in the case of a branch, by—

(i) the branch or any member authorised by
the branch or the trustees or committee thereof;
or

(ii) the central body of the society of which the
branch forms part; or

(ili) any member of the society or branch
authorised by the central body; or

(c) in any case, by the Registrar or by any person

authorised in writing by the Registrar.

(+) Nothing in this Ordinance shall prevent any
such person from being proceeded against by way of
indictment, if not previously convicted of the same offence
under the provisions of this Ordinance.

(5) In any proceedings instituted under this section
against an officer, member or other person in respect of
any sum surcharged or balance certified by an auditor
appointed under this Ordinance upon audit of the books and
accounts of a society or branch to be due by the officer,
member or other person, the onus of proving the same to
have been due to any accidental or formal slip, error or
omission shall lie upon such officer, member or other person,
as the case may be.

89. (1) If any person wilfully makes, or causes to be
made, any entry, erasure in, or omission from a balance
sheet of a society or branch, or a return or document

85

Penalties
for falsifi-
cation, etc.



86

Mutilation,
ete., of

books, cards,

ete

Offences in
connection
with
elections.

Ch. 38. No. 2.] Friendly Societies

required to be sent, produced, or delivered, for the purposes
of this Ordinance with intent to falsify the same, or to evade
any of the provisions of this Ordinance, he shall be liable
to a fine of two hundred and forty dollars.

(2) Any officer or other person who makes any
material omission or omits to make any material entry
which by this Ordinance or the Regulations thereunder
or by the rules of a society or branch he is required to make
in any cash book, general ledger, blotter, statement showing
receipts and expe nditure, balance sheet, contribution card,
members’ register, account, record, return or other
document affecting or relating to the property or affairs
of a society or branch or to the benefits, rights or privileges
of a member thereof shall, unless he proves that he had no
intent to defraud, be guilty of an offence under this
Ordinance.

(3) If in any_ statement showing receipts and
expenditure, balance sheet, return, record, form, account
or other document required for the purposes of this
Ordinance any officer wilfully mi ikes a statement or entry
false in any material particular or knowing the same to
be untrue in any material particular, he shall, unless he
proves that he had no intent to defraud, be guilty of an
offence under this Ordinance.

90. If any person conceals, destroys, mutilates, alters or
falsifies any books, papers, securities, contribution cards,
receipts, births and deaths certificates or other documents
affecting, belonging or relating to a society or branch or
makes or is privy to the making of any false or fraudulent
entry in any register, book, contribution card, paper or
other document, affecting, belonging or relating to the
property or affairs of a society or branch with intent to
defraud or deceive the society or branch or any person
he shall be lable, on summary conviction, to imprisonment
for six months or to a penalty of two hundred and forty
dollars.

91. Any person who for purposes of or in connection
with an election--
(a) fabricates in whole or in part or alters, defaces,
destroys, abstracts or purloins any voting paper; or



Friendly Socteties. [Ch. 38. No. 2.

(6) personates any person entitled to vote at any
election; or

(c) falsely assumes to act in the name or on behalf
of any person so entitled to vote; or

(d) wilfully obstructs or hinders the enumeration of
those voting or interferes with the delivery or collection
of any voting papers; or

(e) delivers any voting paper under a false pretence
of being lawfully authorised so to do; or

(f) not being a financial member of the society or
branch and entitled to vote at any election, knowingly
votes thereat,

shall be liable on summary conviction to a penalty of two
hundred and forty dollars, or, in the discretion of the
court, to imprisonment with or without hard labour for six
months,

92. The following persons shall be deemed guilty of
bribery within the meaning of this Ordinance

(i) Every person who, directly or indireetly, by
himself or by any other person on his behalf, gives,
lends, or agrees to give or lend, or offers, promises,
or promises to procure or to endeavour to procure
any money or valuable consideration to or for any
member of a society or branch, or to or for any person
on behalf of any member of a society or branch,
or to or for any other person in order to induce any
member of a society or branch to vote or refrain
from voting at any election, or corruptly does any such
act as aforesaid on account of any member of a society
or branch having voted or refrained from voting at
any election.

(ii) Every person who, directly or indirectly, by
himself or by any other person on his behalf, makes
any gift, loan, offer, promise, procurement or agree-
ment to or for any person, in order to induce such
person to procure, or endeavour to procure, the return
of any person as an elected officer of a committee,
or the vote of any member of a society or branch
at any election.

(1) Every person who, before, during, or after any

87

Detinition
of bribery,



88

Detinition

of treating,

Definition
of undue
influence.

Ch. 38. No. 2.] Friendly Societies.

election, directly or indirectly, by himself or by any
other person in his behalf, receives, agrees, or contracts
for any money, eift, loan or valuable consideration,
office, place, or employment for himself or for any
other person, for voting or agrecing to vote, or for
refraining or agreeing to refrain from voting at any
election.

93. The following persons shall be deemed guilty of
treating within the meaning of this Ordinance—-

(i) Every person who corruptly, by himself or by
any other person, either before, during, or after an
election, directly or indirectly, gives, or provides or
pays wholly or in part the expense of giving or
providing any food, drink, entertainment, or pro-
vision to or for any person for the purpose of corruptly
influencing that person, or any other person, to vote
or to refrain from voting at such election, or on account
of such person or any other person having voted or
refrained from voting at such election.

(ii) Every voter who corruptly accepts or takes any
such food, drink, entertainment, or provision.

(11) For the purposes of this section “ voter ’’? means
any person who votes at an election of an officer or
officers of a committee of management or other
directing body of a society or branch, held under the
provisions of this Ordinance.

94. Every person who, directly or indirectly, by himself
or by any other person on his behalf, makes use of or
threatens to make use of, any force, violence, or restraint,
or inflicts or threatens to inflict, by himself or by any other
person, any temporal or spiritual injury, damage, harm,
or loss upon or against any person, in order to induce or
compel such person to vote or refrain from voting or on
account of such person having voted or refrained from
voting at any election, or who by abduction, duress, or
any fraudulent contrivance, impedes or prevents the free
exercise of the vote of any member, or thereby compels,
induces, or prevails upon any member either to give or
refrain from giving his vote at any election, shall be guilty
of undue influence within the meaning of this Ordinance.



Friendly Socteties. [Ch. 38. No. 2.

95. Every person who is guilty of bribery, treating or
undue influence, under the provisions of this Ordinance
shall, on summary conviction thereof, be liable to imprison-
ment for a term not exceeding six months or to a fine of
four hundred and eighty dollars.

96. Every person who is convicted of bribery, treating, or
undue influence, shall (in addition to any other punishment)
be incapable during a period of seven years from the date of
conviction—

(a) of voting at any election of officers;

(0) of being elected an officer of the committee of
management or other directing body of a society
or branch, or if elected before his conviction, of
retaining his seat as such officer.

97. A society or branch, and an officer or member of a
society or branch, or other person guilty of an offence under
this Ordinance for which a penalty is not expressly provided
shall be liable to a fine of one hundred and twenty dollars.

98. If an officer or person aids or abets in the amalgama-
tion or transfer of engagements or in the dissolution of a
friendly society otherwise than as in this Ordinance
provided, he shall be liable to the penalty imposed by this
Ordinance for offences thereunder, or to be imprisoned
with hard labour for three months.

99. (1) Unless otherwise expressly provided, all offences
under this Ordinance may be prosecuted, and all penalties
imposed by this Ordinance or by any regulations thereunder,
or by the rules of a society or branch, may be recovered in
the manner provided by the Summary Courts Ordinance.

(2) Save as otherwise herein provided any such
penalty shall be recoverable at the suit of the Registrar or
of any person authorised in writing by the Registrar or
of any person aggrieved.

100. In every case where no time is specially limited for
making a complairit' for an offence under this Ordinance,
such complaint shall be made within four years from the

89

Penalty for
bribery,
treating or
undue
influence.

Disqualifica-
tion for
bribery, etc.

Penalty for
ordinary
offences.

Special
offences in
the case of
friendly
societies.

Recovery of
penalties.

Limitation,



Legal
proceedings.

Ch. 38. No. 2.] Friendly Socteties.

time when the matter of such complaint arose, and not
after.

101. (1) The trustees of a society or branch, or any other
officers authorised by the rules thereof, may bring or defend,
or cause to be brought or defended, any action or other legal
proceedings in any court whatsoever, touching or con-
cerning any property, right, or claim of the society or
branch, and may sue and be sued in their proper names,
without other description than the title of their office.

(2) In legal proceedings brought under _ this
Ordinance by a member, or person claiming through a
member, a society or branch may also be sued in the name,
as defendant, of any officer or person who receives contri-
butions or issues policies on behalf of the society or branch
within the jurisdiction of the court in which the legal
proceedings is brought, with the addition of the words
‘on behalf of the society or branch ”’ (naming the same).

(3) Legal proceedings shall not abate or be dis-
continued by the death, resignation, or removal from office
of any officer or by any act of any such officer after the
commencement of the proceedings.

(4) The summons, writ, process, or other pro-
ceeding to be issued to or against the officer or other person
sued on behalf of a registered society or branch, shall be
sufficiently served by personally serving that officer or
other person, or by leaving a true copy thereof at the
registered office of the society or branch, or at any place of
business of the society or branch within the jurisdiction
of the court in which the proceeding is brought, or, if that
office or place of business is closed, by posting the copy
on the outer door of that office or place of business.

(5) In all cases where the said summons, writ,
process, or other proceeding is not served by means of such
personal service or by leaving a true copy thereof at the
registered office of the society or branch as aforesaid, a
copy thereof shall be sent in a registered letter addressed
to the committee at the registered office of the society or
branch, and posted at least fourteen days before any further
step is taken on the proceeding.



Friendly Socteties. [Ch. 38. No. 2.

(6) Where proceedings are taken against a society or
branch for the recovery of any penalty under this Ordinance,
the summons or other process shall be sufficiently served
by leaving a true copy thereof at the registered office of
the society or branch, or at any place of business of the
society or branch, within the jurisdiction of the court in
which the proceeding is brought, or, if that office or place
of business is closed, by posting the copy on the outer
door of that office or place of business.

(7) Where the person against whom the proceedings
are to be taken is himself a trustee of a society or branch, the
proceedings may be brought by the other trustees or trustee
of the society or branch.

ADVISORY FRIENDLY SOCIETIES COUNCIL.

102. (1) There is hereby established an Advisory Friendly
Societies Council (herein referred to as the “ Advisory
Council ”’) to consist of the Registrar as Chairman and eight
members to be appointed by the Governor in Council.
The eight members appointed shall be selected from persons
interested in and familiar with matters pertaining to societies
in urban or rural areas.

(2) The Governor shall appoint from among the
members of the Advisory Council a Vice-Chairman who shall
hold office during the Governor’s pleasure. The Vice-
Chairman shall officiate as Chairman in the absence of
the Chairman. In the absence of the Chairman and Vice-
Chairman, the members then present may appoint one of
their number as Chairman. Every meeting of the Advisory
Council shall be presided over by the Chairman. The
decisions of the Advisory Council shall be by a majority of
votes. The person so presiding shall vote as a member of
the Advisory Council, and shall if there is an equal division
on any question, also have a casting vote.

(3) Every member of the Advisory Council shall,
unless he sooner dies, or sooner resigns his office by notice
in writing to the Registrar, hold office for two years from
the date of his appointment, but shall be eligible for re-
appointment from time to time.

In the event of a member dying or sooner resigning his

91

Constitution
of Advisory
Council.



92 Ch. 38. No. 2.] Friendly Socteties.



office the Registrar shall notify the Colonial Secretary in
writing to such effect.

(4) If a vacancy occurs in the Advisory Council the
vacancy shall be filled by the Governor in Council as soon
thereafter as is conveniently possible: Provided that, if
the vacancy is not filled, the acts of the remaining members
shall not be thereby invalidated so long as the number of
the remaining members shall not fall below five.

(5) Decisions of the Advisory Council may be taken
at meetings, or, in the cases in which the Chairman shall so
direct, by the recording of the opinions of members on
papers circulated among them.

(6) The quorum of the Advisory Council at any
meeting or for the purpose of voting on papers circulated
shall be five.

(7) The Advisory Council shall meet not less fre-
quently than six times a year and whenever the Chairman
or at least five of the members request a meeting. Each
member shall be allowed actual and necessary travelling
expenses in accordance with the Travelling Regulations for
public officers from time to time in force.

(8) The Governor may allow a member of the
Advisory Council to be absent on leave.

(9) The Governor may appoint any person to act in
the place of any member of the Advisory Council in case of
such member’s temporary absence or inability to act.

(10) Any member of the Advisory Council may at
any time by order of the Governor in Council be removed
from office and from the date of such order the member
named therein shall cease to be a member.

(11) The appointment, removal or resignation of any
member of the Advisory Council shall be notified in the
Royal Gazette.

Main 103. It shall be the main purpose of the Advisory Council
oe to promote the general welfare of the people of the Colony
Council. by encouraging the growth, development, improvement and

expansion of societies throughout the Colony.



Friendly Socteties. [Ch. 38. No. 2. 93

104. To carry out the objects of section 103 the Advisory Powers and

Cc j , 7 duties of
Council shall inter alia Navcore

(a2) encourage the development throughout the ©"
Colony of societies with adequate health services and
facilities ;

(b) co-operate with departments and other agencies,
associations, organisations, groups, and bodies, Govern-
ment or non-Government, public or private, function-
ing in the field of or concerned with social welfare,
insurance, labour, nursing, education, workmen’s com-
pensation, health or medical care;

(c) collect and analyse statistics and make studies,
investigations, and reports on conditions, problems
and needs in the field of health in the Colony and in
other countries in relation to societies, and disseminate
and make available information in this field;

(ad) make reports and recommendations with respect
to the most efficient policies and methods for the
promotion of health and related services as respects
the members of societies, including recommendations
with respect to legislation and matters of adminis-
trative policy;

(e) carry out such specific duties as may be entrusted
to it by this and any subsequent enactment of the
Legislature and exercise general supervision over the
agencies transferred to it; and

(f) make such provision for the holding of confer-
ences, the giving of lectures and talks and the publica-
tion of information on questions relating to societies
as it thinks necessary or desirable, and may, if it thinks
fit, for these purposes make arrangements with
departments, organisations, associations, groups or
other institutions.

105. (1) The Advisory Council shail also advise the Ancillary
Registrar with reference to questions affecting the general P“P°S*
policy, administration, management and operation of
societies, and in particular with respect to—

(a) the ensuring of prompt and efficient care of
members of societies entitled to benefits;



o4

Provision
for staff.

Exemption
trom estate
and succes-
sion duties.

Ch. 38. No. 2.] Friendly Societies.

(0) adequate and suitable methods and arrangements
for paying, supplying or providing benefits to members:

(c) the ensuring of adequate professional services to
members;

(d) other auxiliary, surgical, medical, dental, optical
and additional benefits designed to benefit or serve
members ;

(¢) providing for the extension and improvement of
juvenile societies ;

(f) studies and surveys of the lriendly Society
Movement from all aspects; and

(g) the medical care and aid of needy or distressed
members of societies:

Provided however, that no matter or question which is
or is likely to be the subject of a dispute, inquiry, investi-
gation, special inspection, audit, or other proceeding, under
the provisions of this Ordinance, or of an action, suit, claim
or judicial proceeding, civil or criminal, shall be investi-
gated or discussed by the Advisory Council.

(2) The Advisory Council shall exercise no juris-
diction, or control whatsoever over the Registrar or the
Office of the Registrar or over any society, nor shall any
decision by the Advisory Council affect the administration,
personnel or operation of any society.

106. The Advisory Council shall be provided by the
Registrar with such secretarial, clerical or other assistants
as the Legislature shall authorise each year for carrying out
the objects and functions of the Advisory Council.

GENERAL.

107. (1) Estate and succession duties shall not be
assessable or imposed upon or in respect of moneys payable
by a society or societies and their branches upon the death
of a member amounting in the aggregate to a sum of four
hundred and eighty dollars or under: and in ascertaining
the property passing on the death of a member of a society
or societies and their branches for the purposes of estate
and succession duties there shall be allowed a deduction up
to but not exceeding the sum of four hundred and eighty
dollars in respect of moneys so payable.



Fnendly Socteties. [Ch. 38. No. 2.

(2) Every society and branch shall at the end of each
quarter make a return on the prescribed form to the
Commissioner of Estate Duties of the names and addresses
of its deceased members in respect of whose death moneys
have been paid by the society or branch during such
quarter and of the respective amounts so paid and of the
name and address of the person or persons to whom the
same have been paid.

108. Notwithstanding anything to the contrary contained
in any Ordinance or law relating to friendly societies prior
hereto in force in this Colony, the insurance of any moneys
to be paid for the funeral expenses of persons other than the
husband, wife or child of a member, or of the widow of a
deceased member of any friendly society and payments
made and intended to be made by virtue of any insurance
effected under such Ordinance or law shall be held to be
good and valid in law for all intents and purposes.

109. Every society or branch shall keep in one or more
books a register of its members and it shall be the duty of the
secretary thereof to enter fairly and distinctly therein from
time to time the following particulars :—

(a) The names and addresses, and the occupations,
if any, of the members and in the case of insurance
and share holding societies a statement of the policy
or policies or of the share or shares held by each
member, distinguishing each policy or share by its
number, of the amount assured by each policy or the
value and class of each share and of the amount paid
or agreed to be considered as paid on the policy or
share of each member;

(b) the name of each person entered as a member, to
be consecutively numbered ;

(c) the date at which each person was admitted as a
member ;

(d) the date at which any person ceases to be a
member and the cause or reason therefor ;

(e) all payments made from time to time by every
member and the particulars thereof; and

(f) the names and addresses of the nominee or

nominees (if any) and the dependant or dependants 4

95

Validation
of certain
dependants
funeral
benefits.

Register
of members.

Register cf
nominees
and depen-
ants of
members.



A076)

Fees pay
able to

Registrar of

Births and
Deaths.

Evidence
of docu
ments,

Rooks to be
kept in
English,

Bonus.

Ch. 38. No. 2.] Friendly Socteties.

(if any) of every member and in the case of a dependant
or dependants his or their relationship to every such
member together with the date of the nomination
of such nominee or nominees and the date of regis-
tration of such dependant or dependants, and the age
or ages of such dependant or dependants.

110. (1) For the purpose of this Ordinance, a certificate
of the birth or death of any member of or person insured or
to be insured with a society or branch shall, on application
being made as in this Ordinance provided, be given under
his hi ind by the Registrar of Births and Deaths, for a sum
not exceeding twenty-four cents, in place of all fees or
payments otherwise payable in respect thereof.

(2) Whenever application is made at one time to any
such Registrar for more certificates than one of the same
birth or death for the purposes of and in the manner pres-
scribed by this Ordinance, the sum charged for every such
certificate other than the first shall not exceed twelve cents.

111. Every document purporting to be signed by the
Registrar, or any inspector, or auditor or \ ‘aluer under this
Ordinance, shall, in the absence of any evidence to the
contrary, be received in evidence without proof of the
signature,

112. The business and. affairs of societies and their
branches shall be conducted in the English language and all
books, forms, contribution cards, entries, accounts, certifi-
cates, or other documents relating thereto shall be written
and kept in the English language

113. (1) A society or branch shall if its rules so provide
have power in general meeting to declare once in every year
a bonus payable in cash to its members,

(2) No bonus shall be payable except out of the
excess of revenue over expenditure for the year in respect
of which bonus shall be declarable of a society or branch
and no bonus shall carry interest against the society or
branch.



Full Text


TRINIDAD AND TOBAGO
REVISED ORDINANCES, 1950

PREPARED UNDER THE AUTHORITY OF
THE LAW REVISION ORDINANCE
Ch. 1. No. 1.

BY
ELLIOT FRANCIS MAINGOT

CROWN SOLICITOR OF TRINIDAD AND TOBAGO

Tas EDITION CONTAINS THE ORDINANCES OF THE COLONY

IN FORCE ON THE 3lsT DAY OF DECEMBER, 1950,

EXCLUSIVE OF THOSE RESERVED BY ORDINANCE No. 23 oF
1949 AND BY SUBSEQUENT PROCLAMATIONS.

VOL. VI.



Price per set of 10 Volumes—£25 or $120.00 British Caribbean Currency



PRINTED BY
Go. F. ROWORTH LTD., 88, FETTER LANE, LONDON, E.C.4.
1951.

[Appointed by the Government of the Colony of Trinidad and Tobago the Government Printers
of this Edition within the meaning of the Evidence (Colonial Statutes) Act, 1907.]

To be purchased from the Government Printer, Port-of-Spain, and from the Crown Agents
for the Colonies, 4, Millbank, London, S.W.1.
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VOL.NO. so -eyg A

PRINTED IN GREAT BRITAIN BY
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Whe

SNOW S

10.

11.
12.
13.
14.
15.

CONTENTS.

VOLUME VI.

CHAPTER 38.

BENEVOLENT ASSOCIATIONS.
VOL. VI.
BuILDING SOCIETIES
FRIENDLY SOCIETIES _ a oo
FRIENDLY SociETIES HOUSING CORPORATION ...
CREDIt UNION SOCIETIES

CHAPTER 39,

MUNICIPAL GOVERNMENT AND COUNTY
COUNCILS.

PORT-OF-SPAIN CORPORATION

ST. JAMES AREA IMPROVEMENT ...

Dry RIveEr ... _ wee

BELMONT IMPROVEMENT RATE Pa

Kast Dry RIVER IMPROVEMENT RATE

PORT-OF-SPAIN CORPORATION (ELECTRICITY)

SAN FERNANDO CORPORATION wee

SAN FERNANDO RECREATION GROUND ...

SAN FERNANDO ELECTRIC WorkKS ea cae

SAN FERNANDO AND ARIMA HUuCKSTERS, PEDLARS
AND PORTERS .

ARIMA CORPORATION

MUNICIPAL ELECTIONS bee uy

MUNICIPAL CORPORATIONS (PENSIONS) ...

PRINCE’S BUILDING

CouNTy COUNCILS ...

PAGE
2

30
168
219

256
446
458
461
465
469
531
698
700

730
737
874
910
924
928
vi

Who

r
aon

4 to

ut

NSU RW

KR

i)

Contents.

CHAPTER 40.

DISTRICT ADMINISTRATION.
VOL. VI.
WARDENS wee we wee
TOWNS AND VILLAGES (DEFINITION)
RECREATION GROUNDS AND PASTURES ...
CouNTRY MARKETS

CHAPTER 41.
PRIVATE ORDINANCES.

Boy Scouts ASsoOcIaATION

GIRL GUIDES ASSOCIATION

La Brea JETTY AND TRAMWAY...
MONTREAL TRUST COMPANY
CARENAGE PIER

CHAPTER 42,

MISCELLANEOUS.

PuBLic HOLIDAYs ...

PuBLic LIBRARY a

CARNEGIE FREE LIBRARY . Lee or

CENTRAL LIBRARY OF TRINIDAD AND TOBAGO

RACES

QUEEN'S PARK vee

TRADING WITH THE ENEMY wee _ wee

PaTENTs, DESIGNS, COPYRIGHTS AND TRADE MARKS
(EMERGENCY) wee wee wee

DIPLOMATIC PRIVILEGES (EXTENSION) ...

CHAPTER 43.
UNITED STATES BASES.

UNITED SratEs Bases (TEMPORARY PROVISIONS)
UNITED STATES COUNSEL

PAGE
1014
1017
1019
1020

1024
1026
1028
1031
1037

1042
1044
1054
1057
1061
1065
1067

1082
1099

1106
1111
TRINIDAD anp TOBAGO.
Revised Ordinances, 1950.

CHAPTER 38.
BENEVOLENT ASSOCIATIONS.

No. 1..—BUILDING SOCIETIES.

No, 2.--FRIENDLY SOCIETIES.

No. 3.-—FRIENDLY SOCIETIES HOUSING CORPORATION.
No. 4.-—CrEpir UNION SOCIETIES.

T.—VI. 1
Ordinance
Ch.38. No.1-
19-40,

Commence-
ment.

Short title.

Interpre-
tation.

Fees of
Registrar,

Incorpora-
tion of
societies.

Ch. 38. No. 1.]

Building Socteties.

CHAPTER 38. No. 1.

BUILDING SOCIETIES.
AN ORDINANCE RELATING TO BUILDING SOCIETIES.
[31st December, 1890.]

1. This Ordinance may be cited as the Building Societies
Ordinance.

2. In this Ordinance—

“ Registrar ’’ means the Registrar under the I*riendly
Societies Ordinance, who shall, for the purposes of this
Ordinance, be the Registrar of Building Socicties ;

“ terminating society ’’ means a society which by its
rules is to terminate at a fixed date, or when a result
specified in its rules is attained ;

“ permanent society ’? means a society which has not
by its rules any such fixed date or specified result at
which it shall terminate.

3. The Registrar shall be entitled to claim, and shall be
paid by every society under this Ordinance, such sums as
the Governor in Council shall fix, for any of the acts which
he is required to perform under this Ordinance.

4. Every society registered under this Ordinance shall,
upon receiving a certificate of incorporation under this
Ordinance, become a body corporate by its registered name,
having perpetual succession and a common seal, until
terminated or dissolved in manner herein provided.
Building Societies. [Ch. 38. No. 1.

5. Any number of persons may establish a society under
this Ordinance, either terminating or permanent, for the
purpose of raising by the subscriptions of members a stock
or fund for making advances to members out of the funds
of the society, upon security of freehold or leasehold
estate, by way of mortgage or any judgment or upon security
of the withdrawal value of the shares held by members of
the said society; and any society under this Ordinance
may from time to time raise funds by the issue of shares
of one or more denominations, either paid up in full or to be
paid by periodical or other subscriptions, and with or without
accumulating interest, and may repay such funds when no
longer required for the purposes of the society.

6. It shall be lawful for any society registered under this
Ordinance to receive from any member or members thereof
any sum or sums of money by way of bonus on any share or
shares for the privilege of receiving the same in advance
prior to the same being realised, and also any interest for
the share or shares so received or any part thereof, without
being subject or liable on account thereof to any of the
forfeitures or penalties imposed by any law in force in the
Colony relating to usury.

7. The liability of any member of any society under this
Ordinance in respect of any share upon which no advance
has been made shall be limited to the amount actually
paid or in arrear on such share, and in respect of any share
upon which an advance has been made shall be limited to
the amount payable thereon under any mortgage or other
security or under the rules of the society.

8. With respect to the borrowing of money by societies
under this Ordinance the following provisions shall have
effect —

(a) any society may receive deposits or loans, at
interest, within the limits in this section provided,
from the members or other persons, or from corporate
bodies, or from any terminating building society, to be
applied to the purposes of the society;

(5) in a permanent society the total amount so
received on deposit or loan and not repaid by the

1 (2)

3

Purposes

for which
socicties may
be estab-
lished.

Bonus, ete.,
not to be
deemed
usurious,

Limitation
of liability
of members,

Power to
borrow
money.
4 Ch. 38. No. 1.] Building Societies.

society shall not at any time exceed two-thirds of the
amount for the time being secured to the society by
mortgages from its members ;

(c) in a terminating society the total amount so
received and not repaid may either be a sum not
exceeding such two-thirds as aforesaid, or a sum not
exceeding twelve months’ subscriptions on the shares
for the time being in force;

(d) every deposit book or acknowledgment or security
of any kind given for a deposit or loan by a society
shall have printed or written therein or thereon the
whole of the immediately preceding section and this
section,

Matters to 9. The rules of every society established under this

a ea Ordinance shall set forth—

(a) the name of the society, and the chief office or
place of meeting for the business of the society ;

(0) the manner in which the stock or funds are to be
raised ;

(c) the terms upon which unadvanced subscription
shares are to be issued; and the manner in which the
contributions are to be paid to the society, and with-
drawn by the members, with tables, where applicable
in the opinion of the Registrar, showing the amount
due by the society for principal and interest separately ;

(d) the terms upon which paid-up shares, if any, are
to be issued and withdrawn, with tables, where
applicable in the opinion of the Registrar, showing
the amount due by the society for principal and
interest separately ;

(ec) whether preferential shares are to be issued, and,
if so, within what limits;

(f) the manner in which advances are to be made and
repaid; the deductions, if any, for premiums, and the
conditions upon which a borrower can redeem the
amount due from him before the expiration of the
period for which the advance was made, with tables,
where applicable in the opinion of the Registrar,
showing: the amount due from the borrower after
each stipulated payment ;
Bualding Societies. [Ch. 38. No. 1. 5

(g) the manner in which losses are to be ascertained
and provided for;

(x) the manner in which membership is to cease;

(¢) whether the society intends to borrow money,
and, if so, within what limits not exceeding those
prescribed by this Ordinance;

(7) the purposes to which the funds of the society
are to be applied, and the manner in which they are
to be invested;

(k) the manner of altering and rescinding the rules,
and of making additional rules;

(/) the manner of appointing, remunerating, and
removing the board of directors or committee of
management, auditors and other officers;

(m) the manner of calling general and special
meetings of the members;

(2) provision for an annual or more frequent audit
of the accounts, and inspection by the auditors of the
mortgages and other securities belonging to the
society ;

(0) whether disputes between the society and any
of its members, or any person claiming by or through
any member, or under the rules, shall be settled by
reference to the Supreme Court, or to the Registrar,
or to arbitration;

(p) provision for the device, custody, and use of
the seal of the society, which shall in all cases bear the
registered name thereof;

(7) provision for the custody of securities and
documents belonging to the society ;

(ry) the powers and duties of the board of directors or
committee of management and other officers;

(s) the fines and forfeitures to be imposed on
members;

(t) the manner in which the society, whether
terminating or permanent, shall be terminated or
dissolved.

10. The persons intending to establish a society under Registration
this Ordinance shall transmit to the Registrar two copies ° tules.
of the rules agreed upon by them for the government of the
Alteration
of rules.

Change of
chief office.

Ch. 38. No. 1.] Building Soctettes.



society, signed by three of such persons and by the intended
secretary or other officer; and the Registrar, if he find
that the rules contain all the provisions set forth in section 9,
and that they are in conformity with this Ordinance, shall
return one copy of the rules to the secretary or other
officer of the society, with a certificate of incorporation, and
shall retain and register the other copy: Provided that no
society shall be registered under this Ordinance in a name
identical with that in which a subsisting society is already
registered, or so nearly resembling the same as to be
calculated to deceive, unless such subsisting society is
in course of being terminated or dissolved, and consents to
such registration. The society shall supply to any person
requiring the same a complete printed copy of the rules, with
a copy of the certificate of incorporation appended thereto,
and shall be entitled to charge for every such printed
copy of rules a sum not exceeding twenty-four cents.

11. Any society established under this Ordinance may
alter or rescind any rule or make an additional rule, in the
manner its rules direct; and every society under this
Ordinance altering or rescinding any rule, or making an
additional rule, shall forward two copies of every resolution
for rescission of rules, and of every alteration of or addition
to its rules, signed by three members and the secretray,
and a statutory declaration by an officer of the society
that the provisions of this section have been complied
with, to the Registrar, who, if he finds that such alteration,
addition, or rescission is in conformity with this Ordinance,
shall return one of the copies to the secretary or other officer
of the society with a certificate of registration, and retain
and register the other copy.

12. Any society registered under this Ordinance may
change its chief office in the manner its rules direct, or
if there be no such directions, then at a general meeting
specially called for the purpose, in the manner set forth
in the rules of the society; and no alteration of rule shall
be necessary upon such change, nor shall the provisions of
section 11 apply to such change. Notice of every such
change shall be given by the secretary of the society to the .
Registrar within seven days after such change, and shall
Building Societies. [Ch. 38. No. 1.

7

a

be registered by him, and he shall give a certificate of
such registration.

13. Any society under this Ordinance, in a schedule to
its rules, may describe the forms of conveyance, mortgage,
transfer, agreement, bond, security for deposit or loan, or
other instrument necessary for carrying its purposes into
execution.

14. Any certificate of incorporation or of registration, or
other document relating to a society under this Ordinance,
purporting to be signed by the Registrar, shall, in_ the
absence of any evidence to the contrary, be received by
all courts of law and equity and elsewhere, without proof
of the signature; and a printed copy of the rules of a society,
certified by the secretary or other officer of the society to
be a true copy of its registered rules, shall, in the absence
of any evidence to the contrary, be received as evidence of
the rules.

15. The rules of a society under this Ordinance shall be

binding on the several members and officers of the society,
and on all persons claiming on account of a member, or
under the rules, all of whom shall be deemed to have
full notice thereof.

16. A society under this Ordinance may change its name
by resolution of three-fourths of the members present at a
meeting called for the purpose, provided that the new
name is not identical with that of any society previously
registered and still subsisting, or so nearly resembling the
same as to be calculated to deceive, unless such subsisting
society is in course of being terminated or dissolved, and
consents to such registration. Notice of the change of name
shall be sent to the Registrar and registered by him, and
he shall give a certificate of registration. Such change of
name shall not affect any right or obligation of the society,
or any member thereof, or other person concerned.

17. Every officer of a society under this Ordinance
having the receipt or charge of any moneys belonging to
the society shall, before taking upon himself the execution

Rules may
provide
forms of
conveyance,
etc.

Evidence of
registration
and rules.

Rules bind-
ing on
members
and others.

Change of
name.

Officers to
8

Ch. 38. No. 1.] Butlding Socteties,



Schedule.

Officers to
account.

Protection
of money

or property
of society in
possession of
officer.

of his office, become bound with one sufficient surety at
the least, in a bond according to the form set forth in the
Schedule hereto, or give the security of a guarantee society,
or such other security as the society direct, in such sum
as the society require, conditioned for rendering a true and
just account of all moneys received and paid by him on
account of the society, and for payment of all sums of
money due from time to time to the society at such times
as its rules appoint, or as the society require him to do so.

18. Every such officer, his executors or administrators,
shall, upon demand made or notice in writing given or
left at his last or usual place of residence, give in his account
as may be required by the board of directors or committee of
management of the society, to be examined and allowed
or disallowed by them, and shall, on the like demand or
notice, pay over all the moneys remaining in his hands,
and deliver all securities and effects, books, papers, and
property of the society in his hands and custody, to such
persons as the society appoint ; and in case of any neglect or
refusal to deliver such account, or to pay over such moneys,
or to deliver such securities and effects, books, papers,
and property in manner aforesaid, the society may sue
upon the bond, or may apply to a Judge of the Supreme
Court in Chambers, who may proceed thereupon in a
summary way, and make such order thereon as to him in
his discretion may seem just, which order shall be final
and conclusive.

19. If any person appointed to or employed in any office
in any society established under this Ordinance, and
having in his hands or possession by virtue of his office
any moneys or property whatsoever of such society or any
deeds or securities belonging to such society, shall die, or
become insolvent, or have any execution or attachment or
other process issued against any part of his property, or
shall have any action raised against his lands, goods,
chattels, effects, or property or other real or personal
estate, or shall make any assignment, disposition, assigna-
tion, or other conveyance for the benefit of his creditors,
the heirs, executors, administrators, or assignees of every
such officer, and every other person having or claiming
Building Socteties. [Ch. 38. No. 1.

right to the property of such officer, and the person
executing such process, and the party raising such action
respectively, shall upon demand in writing made by any
person authorised by the board of directors or committee
of management of such society or by some meeting of
such society to make such demand, deliver and pay over
all such moneys, property, deeds, and securities belonging
to such society to such person as shall have been appointed
as aforesaid to receive the same.

20. Any society under this Ordinance may from time to
time, as the rules permit, invest any portion of the funds of
the society, not immediately required for its purposes, upon
real or leasehold securities, or in the purchase of lands, or
lands and buildings, being freehold in the Colony, with
power to exchange the said lands, or to sell the same together
or in lots, or to erect any buildings thereon and to sell the
same, or in the public funds of Great Britain or in or upon
any Parliamentary stock or securities, or in or upon any
stock or securities, payment of the interest on which is
guaranteed by the Imperial Parliament, or in Inscribed
Stock of the Colony, or in case of terminating societies,
with other societies under this Ordinance; and for the
purpose of investments in stock or upon security of real or
leasehold estate, the society, or the board of directors
or committee of management thereof, may from time to
time appoint and remove trustees or make such investments
in its registered name.

21. The powers of investment under this Ordinance
shall include power to invest in or upon any security in
which trustees are for the time being authorised by law to
invest.

22. If any member of or depositor with a society under
this Ordinance, having in the funds thereof a sum of money
not exceeding two hundred and forty dollars, shall die
intestate, then the amount due may be paid to the person
who shall appear to the directors or committee of manage-
ment of the society to be entitled, under the law for the
time being regulating the devolution of personal estate
applicable to the case, to receive the same, without taking
out letters of administration, upon the society receiving

Investment
of surplus
funds.

Powers of
investment.

Payment of
sums not
exceeding
$240 when
members or
depositors
die intestate.
10

Ch. 38. No. 1.] Building Societies.



Member
dying
intestate
leaving
infant next
of kin.

Punishment
of fraud in

withholding
money, etc.

satisfactory evidence of death, and a statutory declaration
that the member or depositor died intestate, and that the
person so claiming is entitled as aforesaid: Provided that
whenever the society after the decease of any member or
depositor has paid any such sum of money to the person
who at the time appeared to be entitled to the effects of
the deceased, under the belief that he had died intestate,
the payment shall be valid and effectual with respect to any
demand from any other person as next of kin or as the lawful
representative of such deceased member or depositor against
the funds of the society, but nevertheless such next of kin
or representative shall have his lawful remedy for the
amount of such payment as aforesaid against the person
who has received the same.

23. Whenever a member of a society under this Ordi-
nance, having executed a mortgage to the society containing
a power of sale, shall die intestate leaving an infant next
of kin, it shall be lawful for the said society, after selling
the premises so mortgaged to them, to pay to the adminis-
trator or administratrix of the deceased member any money
to the amount of seven hundred and twenty dollars, which
shall remain in the hands of the said society after paying
the amount due to the society and the costs and expenses
of the sale, any Jaw or Ordinance in force in the Colony
to the contrary notwithstanding. The said sum of seven
hundred and twenty dollars to be considered as fersonal
estate, and liable to duty accordingly.

24. If any person whosoever, by false representation or
imposition, obtains possession of any moneys, securities,
books, papers, or other effects of a society under this
Ordinance, or, having the same in his possession, withholds
or misapplies the same, or wilfully applies any part thereof
to purposes other than those expressed or directed in the
rules of the society and authorised by this Ordinance, he
shall be liable, on summary conviction to a fine of ninety-six
dollars and costs, and to be ordered to deliver up to the
society all such moneys, securities, books, papers, or other
effects of the society, and to repay the amount of money
applied improperly, and in default of such delivery of effects,
or repayment of such amount of money, or payment of
Building Societies. [Ch. 38. No. 1. 11

such fine and costs aforesaid, to be imprisoned for three
months; but nothing herein contained shall prevent any
such person from being proceeded against by way of
indictment if a conviction has not been previously obtained
against him for the same offence under the provisions of this
Ordinance.

25. Proceedings under the last preceding section may be Initiation of
taken by or at the instance of — argh
(a) the society; or
(b) any member authorised by the society or by the
board of directors or committee of management
thereof or by the Registrar; or
(c) the Registrar.

26. A society under this Ordinance may terminate or be Proceedings

: ; necessary for
dissolved— determina-

(a) upon the happening of any event declared by its fener.
rules to be the determination of the society;

(b) by dissolution in manner prescribed by its rules;

(c) by dissolution with the consent of three-fourths
of the members holding not less than two-thirds of the
number of shares in the society testified by their
signatures to the instrument of dissolution: The
instrument of dissolution shall set forth—

(i) the liabilities and assets of the society in
detail;

(ii) the number of members, and the amount
standing to their credit in the books of the society ;

(iii) the claims of depositors and other creditors,
and the provision to be made for their payment ;

(iv) the intended appropriation or division of
the funds and property of the society;

(v) the names of one or more persons to be
appointed trustees for the special purpose and their
remuneration:

Alterations in the instrument of dissolution may be
made with the like consent, testified in the same
manner; the instrument of dissolution and all altera-
tions therein shall be registered in the manner provided
12

Ch. 38. No. 1.] Building Societies.



Power to
dissolve
society after
investiga-
tion.

Obligations
of liquida-
tors and
trustees on
dissolution.

for the registration of rules, and shall be binding upon
all the members of the society;

(2) by an order of the Supreme Court to wind up the
society, made as is directed in regard to companies
by the Companies Ordinance, the provisions whereof
except paragraph (4) of section 161 of the said Ordi-
nance shall apply to any such order.

Notice of the commencement and termination of every
dissolution or winding up shall be sent to the Registrar and
registered by him.

27. (1) Notwithstanding the provisions of the last pre-
ceding section, on the application in writing of one-tenth
of the whole number of members of any society under this
Ordinance, or of one hundred members in the case of a
society of more than one thousand members, setting forth
that the society is unable to meet the claims of its members,
and that it would be for their benefit that it should be
dissolved, and requesting an investigation into the affairs
of the society with a view to the dissolution thereof, the
Registrar may investigate the affairs of the society, but
shall before so doing give not less than two months’ previous
notice in writing to the society at its registered chief office
or place of meeting.

(2) If on such investigation it appears that the society
is unable to meet the claims of its members, and that it
would be for their benefit that it should be dissolved, the
Registrar may, if he considers it expedient so to do, award
that the society be dissolved, and shall direct in what
manner the affairs of the society are to be wound up:
Provided that the Registrar may suspend his award for
such period as he may deem necessary to enable the society
to make such alterations of its rules as will in his judgment
prevent the necessity of the award being made.

(3) The Registrar shall, within twenty-one days after
the making of any award for dissolution under this section,
cause notice thereof to be advertised in the Royal Gazette,
and in some newspaper circulating in the Colony.

28. Where a society under this Ordinance is being
dissolved in manner prescribed by its rules, or in pursuance
Building Socteties. [Ch. 38. No. 1.

of the consent of three-fourths of the members, the pro-
visions of this Ordinance shall continue to apply in the case
of the society, as if the liquidators or other persons con-
ducting the dissolution of the society, or the trustees
appointed under the instrument of dissolution, were the
board of directors or committee of management of the
society.

29. When a society under this Ordinance is being dis-
solved or wound up, a member to whom an advance has
been made under any mortgage or other security, or under
the rules of the society, shall not be liable to pay the
amount payable under such mortgage, security, or rules,
except at the time or times and subject to the conditions
therein expressed.

30. If a society under this Ordinance is dissolved in
manner prescribed by its rules, or in pursuance of the consent
of three-fourths of the members, the liquidators, trustees,
or other persons having the conduct of the dissolution shall,
within twenty-eight days from the termination of the
dissolution, send to the Registrar an account and balance
sheet signed and certified by them as correct, and showing
the assets and liabilities of the society at the commencement
of the dissolution and the mode in which those assets and
liabilities have been applied and discharged, and in default
of so doing shall each be liable, on summary conviction, to a
fine of twenty-four dollars for every day during which the
default continues.

31. A society under this Ordinance shall not cause or
permit the applicants for advances to ballot for precedence,
or in any way make the granting of an advance depend on
any chance or lot.

32. (1) A society under this Ordinance shall not advance
money on the security of any freehold or leasehold estate
which is subject to a prior mortgage, unless the prior
mortgage is in favour of the society making the advance.

(2) If any advance is made in contravention of this
section, the directors of the society who authorised the

13

Liability of
borrowing
members on
dissolution.

Account and
balance
sheet to be
sent to
Registrar on
dissolution.

Prohibition
of balloting
for
advances.

Prohibition
of advances
on second
mortgage.
14

Limits of
borrowing
power.

Provisions
as to name
and
deposits,

Societies
may unite
or transfer
engagements
to another.

Ch. 38. No. 1.] Building Societies.

advance shall be jointly and severally liable for any loss on
the advance occasioned to the society.

33. In calculating the amount for the time being secured
to a society under this Ordinance by mortgages from its
members for the purpose of ascertaining the limits of its
power to receive deposits or loans at interest, the amount
secured on properties the payments in respect of which were
upwards of twelve months in arrear at the date of the
society’s last preceding annual account and statement,
and the amount secured on properties of which the society
had been twelve months in possession at the date of such
account and statement, shall be disregarded: Provided
that this section shall not affect the validity of any deposit
or loan which was within the limit provided by law at the
time when it was received.

34. (1) A society under this Ordinance shall not use any
name or title other than its registered name, and shall not
accept any deposit except on the terms that not less than
one month’s notice may be required by the managers of the
society before repayment or withdrawal.

(2) If a society contravenes this section, the society,
and also every director or member of the committee of
management who is a party to the contravention, shall be
liable, on summary conviction, to a fine of forty-eight
dcllars, and, in the case of a continuing offence, to an
additional fine of forty-eight dollars for every week during
which the offence continues.

35. (1) Two or more societies under this Ordinance may
unite and become one society, with or without any dis-
solution or division of the funds of such societies or either
of them, or a society may transfer its engagements to any
other society, upon such terms as shall be agreed upon by
three-fourths of the members (holding not less than two-
thirds of the whole number of shares) of each of such
societies present at general meetings respectively convened
for the purpose. Notice of every such union or transfer
shall be sent to the Registrar, and registered by him, and
such registration shall operate as an effectual conveyance,
transfer, and assignment, as at the date of registration, of
Building Socteties. [Ch. 38. No. 1.

15



the funds, property, and assets of the said societies so
uniting to the united society, or of the society transferring
its engagements to the society to which such engagements
may be transferred, as may be set forth in the instrument
of union or transfer of engagements, without any conveyance,
transfer, or assignment whatsoever (save and except in the
case of stocks and securities requiring any special mode of
transfer): Provided that such union or transfer of engage-
ments shall not affect the rights of any creditor of either
or any society uniting or transferring its engagements.

(2) Where three-fourths of the members of two or
more societies present at general meetings respectively
convened for the purpose of considering any union or
transfer under this section, agree to the union or transfer,
the agreement shall notwithstanding anything in this
section, be valid if it obtains the concurrence in writing
of the holders of not less than two-thirds of the whole
number of shares of each society, whether they are present
at the meeting or not.

36. Where the rules of a society under this Ordinance
direct disputes to be referred to arbitration, arbitrators
shall be named and elected in the manner such rules provide,
or, if there be no such provision, at the first general meeting
of the society, none of the said arbitrators being beneficially
interested, directly or indirectly, in its funds; of whom a
certain number, not less than three, shall be chosen by
ballot in each such case of dispute, the number of the said
arbitrators and mode of ballot being determined by the
rules of the society; the names of such arbitrators shall be
duly entered in the minute book of the society, and, in
case of the death, or refusal or neglect of any of the said
arbitrators to act, the society, at a general meeting, shall
name and elect an arbitrator to act in the place of the

Determina-
tion of

disputes by
arbitration,

arbitrator dying, or refusing or neglecting to act; and -

whatever award shall be made by the arbitrators or the
major part of them, according to the true purport and
meaning of the rules of the society, shall determine the
dispute; and should either of the parties to the dispute
refuse or neglect to comply with or conform to such award
within a time to be limited therein, the Supreme Court,
upon good and sufficient proof being adduced of such
16

Determina-
tion of
disputes by
Registrar.

Determina-
tion of
disputes by
Court.

Determina-
tion to be
tinal.

Special case.

Ch. 38. No. 1.] Building Socteties.
award having been made, and of the refusal of the party
to comply therewith, shall enforce compliance with the
same upon the petition of any person concerned. Where
the parties to any dispute arising in a society under this
Ordinance agree to refer the dispute to the Registrar, or
where the rules of the society direct disputes to be referred
to the Registrar, the award of the Registrar shall have the
same effect as that of arbitrators.

37. The Supreme Court may hear and determine a dispute
in the following cases-—

(a) if it shall appear to the Court, upon the petition
of any person concerned, that application has been
made by either party to the dispute to the other party,
for the purpose of having the dispute settled by arbi-
tration under the rules of the society, and that such
application has not within forty days been complied
with, or that the arbitrators have refused or for a period
of twenty-one days have neglected to make any award;

(b) where the rules of the society direct disputes to be
referred to the said Court.

38. Every determination of a dispute by arbitrators, or by
the said Supreme Court, or by the Registrar, shall be binding
and conclusive on all parties, and shall be final to all intents
and purposes, and shall not be subject to appeal, and shall
not be removed or removable into any court of law, or
restrained or restrainable by the injunction of any court of
equity: Provided that the arbitrators or the Registrar or
the said Supreme Court, as the case may be, may, at the
request of either party, state a case for the opinion of the
Full Court on any question of law, and shall have power to
grant to either party to the dispute such discovery, as to
documents and otherwise, as might now be granted by any
court of law or equity, such discovery to be made on behalf
of the society by such officer of the society as the arbitrators,
Registrar, or Supreme Court may determine.

39. The arbitrators, Registrar, or court to whom a dispute
is referred in pursuance of this Ordinance, shall not be
compelled to state a special case on any question of law
Building Societies. [Ch. 38. No. 1.

arising in the case, but may do so on the request of either
party as provided in the last preceding section.

40. The word “ disputes’ in this Ordinance, or in the
rules of any society hereunder, shall be deemed to refer only
to disputes between the society and a member or any
representative of a member in his capacity of a member of
the society, unless by the rules for the time being it shall
be otherwise expressly provided; and, in the absence of
such express provision, shall not apply to any dispute between
any such society and any member thereof, or other person
whatsoever, as to the construction or effect of any mortgage
deed or other security, or any contract contained in any
document other than the rules of the society, and shall not
prevent any society, or any member thereof, or any person
claiming through or under him, from obtaining in the
ordinary course of law any remedy in respect of any such
mortgage or other security or other contract to which such
person or the society would otherwise be by law entitled.

41. A society under this Ordinance may purchase, build,
hire. or take upon lease any building for conducting its
business, and may adapt and furnish the same, and may
purchase or hold upon lease any land for the purpose of
erecting thereon a building for conducting the business of
the society, and may sell, exchange, or let such building,
or any part thereof.

42. Any person under the age of twenty-one may be
admitted as a member of any society under this Ordinance
the rules of which do not prohibit such admission, and may,
subject to the rules of the society, enjoy all the rights of a
member (save as herein provided), and may execute all
instruments and give all necessary acquittances, but during
his minority he shall not be competent to vote or hold any
office in the society.

43. Two or more persons may jointly hold a share or shares
in any society under this Ordinance; and all shares held
jointly by any two or more persons in any society registered
under this Ordinance, the rules whereof shall not prohibit
such joint holding, shall be deemed to be lawfully so held.

T.—-VI. 2

17

Definition of
‘* Disputes.”

Buildings
may be
purchased
or leased,
ete., as
places of
business.

Minors may
be elected
members.

Shares may
be held
jointly.
18

Annual
account and
statement of
funds.

Annual
account and
statement of
funds.

Particulars
as to
mortgages.

Ch. 38. No. 1.] Building Socteties.



44. The secretary or other officer of every society under
this Ordinance shall, once in every year at least, prepare an
account of all the receipts and expenditure of the society
since the preceding statement, and a general statement of its
funds and effects, liabilities and assets, showing the amounts
due to the holders of the various classes of shares respectively,
to depositors and creditors for loans, and also the amount
due or outstanding on their mortgage securities (not
including prospective interest), and the amount invested on
stock or other securities; and every such account and state-
ment shall be attested by the auditors, and such account and
statement shall be countersigned by the secretary or other
officer; and every member, depositor, and creditor for
loans shall be entitled to receive from the society a copy
of such account and statement.

45. (1) Every annual account and statement under the
last preceding section shall be made up to the end of the
official year of the society to which it relates, and shall be
in such form and shall contain such particulars as the
Registrar may from time to time with the approvel of the
Governor direct, either generally or with respect to any
society or class of societies. The form of annual account
and statement prescribed for general use by the Registrar
under this section, and every alteration of that form, shall
as soon as practicable be laid before the Legislative Council,
and shall not come into operation until the expiration of
forty days from the date at which it is so laid: Provided
that every such account and statement shall set forth—

(a) with respect to mortgages to the society upon
each of which the present debt does not exceed
$24,000 (not being mortgages where the repayments
are upwards of twelve months in arrear, or where the
property has for upwards of twelve months been in
possession of the society), the number of all such
mortgages, and the aggregate amount owing thereon
at the date of the account or statement, such informa-
tion being given separately in respect of each of the
four following classes—

(i) where the debt does not exceed $2,400;

(ii) where the debt exceeds $2,400 and does not
exceed $4,800;


Butlding Societies. [Ch. 38. No. 1.

19



(iii) where the debt exceeds $4,800 and does not
exceed $14,400;
(iv) where the debt exceeds $14,400 and does
not exceed $24,000; and
(6) with respect to any other mortgage to the society,
the particulars shown by the appropriate tabular form
in the Schedule hereto.

(2) Every auditor, in attesting every such annual
account or statement, shall either verify that it is correct,
duly vouched, and in accordance with law, or specially
report to the society in what respect he finds it incorrect,
unvouched, or not in accordance with law, and shall also
certify that he has at that audit actually inspected the
mortgage deeds and other securities belonging to the
society, and shall state the number of properties with
respect to which deeds have been produced to and actually
inspected by him.

(3) A copy of every such annual account and state-
ment shall be sent to the Registrar within fourteen days
after the annual or other general meeting at which it is
presented, or within three months after the expiration of the
official year of the society, whichever period expires first,
and another copy thereof shall be suspended in a conspicuous
place in every office of the society.

(4) For the purposes of this section, the expression “

“official year’ shall mean, in the case of any society
hereafter to be established, the year ending on the 31st of
December, and, in the case of any existing society, the year
ending on the day up to and inclusive of which its annual
account and statement is made.

46. Notwithstanding anything in the rules of any society,
one at least of the auditors of the society shall be a person
who publicly carries on the business of an accountant.

47. (1) The Registrar may, if he thinks fit, on the appli-
cation of ten members of a society under this Ordinance,
each of whom has been a member of the society for not
less than twelve months immediately preceding the date
of the application, appoint an accountant or actuary to
inspect the books of the society, and to report thereon.

2 (2)

Duties of
auditors.

Time for
sending
copies of
account to
Registrar.

Official
year.”

Auditors.

Inspection
of books.
20

Registrar
may appoint
inspector or
call special
meeting,

Ch. 38. No. 1.] Bualding Societies.



(2) Provided as folows—

(a) the applicants shall deposit with the Registrar
such sum as a security for the costs of the proposed
inspection as the Registrar may require; and

(>) all expenses of and incidental to any such
inspection shall be defrayed by the applicants, or out
of the funds of the society, or by the members or
officers, or former members or officers, of the society
in such proportions as the Registrar may direct.

(3) The person appointed under this section shall have
power to make copies of any books of the society, and to
take extracts therefrom at all reasonable hours, at the
registered office of the society or at any place where the
books are kept.

(4) The Registrar shall communicate the results of
any such inspection to the applicants and to the society.

48. (1) The Registrar may, on the application of one-
tenth of the whole of the members of a society under this
Ordinance, or of one hundred members in the case of a
society consisting of more than one thousand members,
and with the consent of the Governor, either appoint an
inspector to examine into and report on the affairs of the
society, or call a special meeting of the society.

(2) Provided as follows—

(a) the application under this section shall be
supported by such evidence as the Registrar may direct
for the purpose of showing that the applicants have
good reason for requiring the inspection to be made or
the meeting to be called, and that they are not actuated
by malicious motives in their application; and

(b) such notice of the application shall be given to
the society as the Registrar may direct; and

(c) the Registrar shall require the applicants to give
security for the costs of the proposed inspection or
meeting before the inspector is appointed or the meeting
is called; and

(d) all expenses of and incidental to the inspection or
meeting shall be defrayed by the applicants, or out of
the funds of the society, or by the members or officers,
Building Socteties. [Ch. 38. No. 1.

or former members or officers of the society, in such
proportions as the Registrar may direct.

(3) An inspector appointed under this section may
require the production of all or any of the books, accounts,
securities, and documents of the society, and may examine
on oath its officers, members, agents, and servants in
relation to its business, and may administer an oath
accordingly.

(4) The Registrar may direct at what time and place
a special meeting under this section is to be held, and what
matters are to be discussed and determined at the meeting,
and the meeting shall have all the powers of a meeting
called according to the rules of the society, and shall in all
cases have power to appoint its own chairman, any rule of
the society to the contrary notwithstanding,

(5) The Registrar may, without any application by
members, but with the consent of the Governor given on
each occasion, exercise the powers given by this section in
the following cases—

(a) where a society has, for two months after notice,
failed to make any returm required by this Ordinance;

(b) where a society has, for two months after notice,
failed to correct or complete any such return;

(c) where evidence is furnished by a statutory
declaration of not less than three members of a society
of facts which in the opinion of the Registrar call for
investigation, or for recourse to the judgment of a
meeting of the members: Provided that the Registrar
shall, forthwith on receipt of such declaration, send
a copy thereof to the society, and such society shall,
within fourteen days from the sending of such copy,
be entitled to give the Registrar an explanatory
statement in writing, by way of reply thereto.

49. (1) Where the Registrar is satisfied that a certificate
of incorporation has been obtained for a society under this
Ordinance by fraud or mistake, or that any such society
exists for an illegal purpose, or has wilfully and after notice
from the Registrar violated any of the provisions of this
Ordinance, or has ceased to exist, the Registrar may, by
writing under his hand, with the approval of the Governor,

21

Powers of
inspector.

Time and
place of
meeting.

Power in
certain cases
to call
special
meeting.

Cancelling
and suspen-
sion of
registry.
ae

Notice of
intention to
suspend or
cancel
registry.

Appeal from
Registrar.

Cancellation
at request
of society.

Effect of
cancellation
or suspen-
sion,

Receipt to
be sufficient
discharge
without
conveyance

Ch. 38. No. 1.] Building Societies.

cancel the registration of the society, or suspend the
registry thereof for any term not exceeding three months,
and may, with the like approval, renew such suspension
from time to time for the like period.

(2) The Registrar shall, before cancelling or suspending
the registry of the society under the foregoing powers, give
to the society not less than two months’ previous notice in
writing, specifying briefly the ground of the proposed
cancelling or suspension, and shall, as soon as practicable
after the cancelling or suspension takes place, cause notice
thereof to be published in the Royal Gazette, and in some
newspaper circulating in the Colony.

(3) A society may appeal from the cancelling of its
registry, or from any suspension thereof for a term exceeding
six months, to the Supreme Court, and thereupon the Court
may, if it thinks it just so to do, set aside the cancelling or
suspension.

(4) The Registrar may also, if he thinks fit, at the
request of any society under this Ordinance, evidenced in
such manner as he may direct, cancel the registry of the
society.

(5) A society whose registry has been cancelled or
suspended shall from the time of such cancelling or suspen-
sion (but in case of suspension only while the suspension
lasts, and in any case subject to the right of appeal given by
this section) absolutely cease to enjoy as such the privileges
of a society under this Ordinance, but without prejudice to
any liability incurred by the society, and any such liability
may be enforced against the society as if the cancelling or
suspension had not taken place.

50. When all moneys intended to be secured by any
mortgage or further charge of or upon any land not brought
under the provisions of the Real Property Ordinance, given
to a society under this Ordinance, have been fully paid or
discharged, the society may endorse upon or annex to such
mortgage or further charge a reconveyance of the mortgaged
property to the then owner of the equity of redemption, or
to such persons and to such uses as he may direct, or a
receipt under the seal of the society, countersigned by the
secretary or manager, in the form specified in the Schedule
Building Societies. [Ch. 38. No. 1.



hereto; and such receipt shall vacate the mortgage or further
charge or debt, and vest the estate of and in the property
comprised therein in the person for the time being entitled
to the equity of redemption, without any reconveyance or
resurrender whatever; and if the said mortgage or further
charge has been registered under any law or Ordinance
of the Colony for the registration or record of deeds or titles
other than the Real Property Ordinance, the Registrar
under such law or Ordinance, or his Deputy, or the recording
officer, as the case may be, shall, on production of such
receipt verified by the oath of any person, endorse upon or
annex to such mortgage or further charge an entry to the
effect that such mortgage or charge is satisfied, and shall
grant a certificate separately to the like effect, which
certificate shall be received in evidence in all courts and
proceedings without any further proof, and which entry
shall have the effect of clearing the register or record of
such mortgage; and there shall be paid to the Registrar or
recording officer for the use of the Colony a fee of sixty
cents for making the said entry and granting the said
certificate, and such fee shall be paid by stamps and applied
as the other fees of such registry of deeds or titles are for the
time being applied.

51. Every society under this Ordinance shall be deemed to
be a company within the meaning of the Companies
Ordinance.

52. If any society formed under this Ordinance, or any
persons representing themselves to be a society under this
Ordinance, commence business without first obtaining a
certificate of incorporation under this Ordinance, or if
any society under this Ordinance makes default in inserting
in any deposit book or acknowledgment or security for loan
the matters required by section 8 to be inserted therein,
the person or persons by whom such business shall have
been so commenced, or by whom such default shall have
been made, shall be liable, for every day business is so
carried on, or for every such default, on summary conviction,
on the complaint of the Registrar, to a fine of twenty-four
dollars. If any society under this Ordinance receives
loans or deposits in excess of the limits prescribed by this

23

Application
of Com
panies
Ordinance.

Penalties.
24

Penalties

for neglect
or refusal to
comply with
provisions

of Ordinance.

False entries.

Gifts, etc.,
not to be
accepted by
officials.

Ch. 38. No. 1.] Building Socteties.



Ordinance, the directors or committee of management of
such society receiving such loans or deposits on its behalf
shall be personally liable for the amount so received in
excess.

53. If any society neglects or refuses—

(a) to give any notice, send any return or document,
or do or allow to be done anything which the society is
by this Ordinance required to give, send, do, or allow
to be done, or

(>) to do any act or furnish any information required
for the purpose of this Ordinance by the Registrar or
by an inspector,

the society, and also every officer thereof bound by the rules
thereof to fulfil the duty a breach of which has been
committed, and if there is no such officer then every
member of the committee of management or board of
directors of the society, unless it appears that he was
ignorant of or attempted to prevent the breach, shall for
each offence be liable, on summary conviction, to a fine of
ninety-six dollars, and, in the case of a continuing offence,
to an additional fine of twenty-four dollars for every week
during which the offence continues.

54. If any person wilfully makes, orders, or allows to be
made any false statement in any document required by
this Ordinance to be sent to the Registrar, or by erasure,
omission, or otherwise wilfully falsifies any such document,
he shall be liable, on summary conviction, to a fine of two
hundred and forty dollars.

55. No director, secretary, surveyor, solicitor, or other
officer of the society under this Ordinance shall, in addition
to the remuneration prescribed or authorised by the rules of
the society, receive from any person any gift, bonus,
commission, or benefit for or in connection with any loan
made by the society, and any person paying or accepting
any such gift, bonus, commission, or benefit shall be
liable, on summary conviction, to a fine of two hundred
and forty dollars, and the person accepting any such gift,
bonus, commission, or benefit shall, as and when directed
Building Societies. [Ch. 38. No. 1.

25



by the court by whom he is convicted, pay over to the society
the amount or value of such gift, bonus, commission, or
benefit, and, in default of such payment, shall be liable
to be imprisoned for six months.

56. The Registrar shall cause to be made an abstract
and report of the annual accounts and statements of
societies and of his proceedings as Registrar under this
Ordinance, and shall lay the same before the Governor
and Legislative Council.

57. The Governor in Council may make regulations
respecting the fees, if any, to be paid for the transmission,
registration, and inspection of documents under this
Ordinance and generally for carrying this Ordinance into
effect.

SCHEDULE.
Bond.
KNow ALL MEN by these presents that we, of one of the officers
of the Building Society established at in the of and
of (as surety on behalf of the said ) are jointly and severally
held and firmly bound to the said society in the sum of to be paid to the

said society, for which payment well and truly to be made we jointly and severally
bind ourselves, and each of us by himself, our and each of our heirs, executors and
administrators, firmly by these presents. Dated the day of 7
19.

Whereas the above bounden has been duly appointed to the Office
of of the Building Society, established as aforesaid, and he, together
with the above bounden as his surety, have entered into the above written
bond subject to the condition hereinafter contained.

Now, therefore, the condition of the above written bond is such, that if the said
shall and do render a just and true account of all moneys received and
paid by him, and shall and do pay over all the moneys remaining in his hands,
and assign and transfer or deliver all securities and effects, books, papers and
property of or belonging to the said society in his hands or custody, to such person
or persons as the said society shall appoint according to the rules of the said society,
together with the proper or legal receipts or vouchers for such payments, then the
above written bond shall be void and of no effect, otherwise shall be and remain
in full force and virtue.



Receipt to be endorsed on Mortgage or Further Charge.

_ The Building Society hereby acknowledge to have received all moneys
intended to be secured by the within written deed.

In witness whereof the seal:of the society is hereto affixed this day of
19, by order of the Board of Directors in presence of :

Annual
report by
Registrar,

Regulations,

(Section 17.)

(Section 50.)
26

(Section 45.)

Ch.

38. No. 1.]

Building Societies.



and the property

»

has not been upwards of twelve months in possession of the society, and where the present debt exceeds $24,000.

PARTICULARS to be set forth in the case of a mortgage where the repayments are not upwards of twelve months in arrear,



Observations.

“1ROLTY
ul SjuowAeg JO JUNOULYy

‘s0UvADY
ul szuowAeY Jo JuNoWYy

749 Juesalg

‘,0UBAPY JO JuNOULy

“Ayrodolg

jo uolzen[eA = [RUIZ

*ployasea'T
JO ploysory Jay

‘yunoure 7eYM ‘Os JT
‘981eY9 10 vsvH}10U 101d
Aue 0} qoalqns Jey AA

‘QUBAPY JO 9zeC]




ParTIcuLaRs to be set forth in the case of property of which the society has been upwards of twelve months in possession.



Observations.

“va Of} OJ SBUIOSINQ | w

*1vo8 OY} OJ OWODU! SSOID)

|
“Syosset UT)
pepnput yunowe zuasasd)

“UdyR}
svm uorssassod way 3qaq]|



|
‘Ayrodoig,
jo uoenyea peu @

“g0UBAPY Jo junowy |

*pjoyoseayT
JO pjoyseLy 19YyU AA
‘yUNOW ZUM ‘OS JT)
‘asivyo 10 ade8z10w 011d)
Aue 0} yalqns 1044 M
“‘Wwayey

sem uotssassod uayMm 2} eq]

|
‘20UBAPY JO aye,
|

*SIOQUINN [[OY



Building Societies. [Ch. 38. No. 1.



Total...



27

(Section 45.)
28

Ch. 38. No. 1.]

Building Soctettes.



(Section 45.)

PARTICULARS to be set forth in the case of a mortgage where the repayments are upwards of twelve months in arrear, and the property has
not been upwards of twelve months in possession of the society.



Observations.

“edly

ur sjuawAeg jo Junowy|®

"WAC Wasarg,

‘QOURAPY Jo JuNOWY

‘Ayodolg
JO UOTZLNILA [eUISUIO

"ITOIIV

ur syjuow jo JaquiNy

“‘pjoyasea]
JO ploydeN] JOYVY AA

‘yunowe 7eYM ‘OS J]
‘aseyo 10 o8v8z10ur 101d
Aue 07 yalqns YY

‘QOUTAPY JO 9}R(]



eo

ao:

Total



ra neat teiateiaeaaiaiae aa
Bualding Societies. [Ch. 38. No. 1. 29

Certificate of Incorporation.

No.

The Registrar hereby certifies that the Building Society, established
at is incorporated under the Building Societies Ordinance, this day
of » 19°. The incorporation of a Building Society does not imply any

approval by the Registrar of its rules or tables, or any guarantee of its good
management or financial stability.

Registrar of Building Societies.

Certificate of Registration of Alteration of Rules.

The Registrar hereby certifies that the foregoing alteration of (or addition to)
the rules of the Building Society, established at , iS registered
under the Building Societies Ordinance, this day of » 19°.) The
registry of rules or alterations does not imply any approval of them by the Registrar,
or any guarantee of the good management or financial stability of the society.

Registrar of Building Societies.
Certificate of Registration of Change of Name.
The Registrar hereby certifies that the registered name of the Building
Society, established at , is changed from the date hereof to the name
following :

This day of »19
Negistray of Building Societies,

nertificate of Alteration of Chief Office.

The Registrar hereby certifies that the registered chief office of the

Ruilding Society, established at , is changed from the date hereof to the
office or place following :
This day of ,19

Negistrar of Building Societies.

Certificate of Registration of Instrument of Dissolution.

The Registrar hereby certifies that the foregoing instrument of dissolution of the

Building Society, established at » is registered under the Building
Societies Ordinance.

This day of ,19
Registrar of Building Societies.
30 Ch. 38. No. 2.] Friendly Socteties.



CHAPTER 38. No. 2.
FRIENDLY SOCIETIES.

a, AN ORDINANCE RELATING TO FRIENDLY SOCIETIES.
No. 18-1950.
, 43-1950.
Commence- [1 oth May, 1950.]
ment.
Short title. 1. This Ordinance may be cited as the Friendly Societies
Ordinance.
Interpre- 2. In this Ordinance—
tation.

’

“amendment of rule”’ includes a new rule, and a
resolution rescinding a rule;

“branch ’’ means any number of the members of a
society, under the control of a central body, having
a separate fund, administered by themselves or by
a committee of officers appointed by themselves, and
bound to contribute to a fund under the control of a
central body;

“child” includes son and daughter whether
legitimate or illegitimate, adopted son and adopted
daughter, and stepson and stepdaughter;

“committee ’’ means the committee of management
or other directing body of a society or branch;

“election ’’ means an election of an officer or
officers of a committee of management or other
directing body of a society or branch, held under the
provisions of this Ordinance;

“land ” includes any interest in land;

“meeting ”’ includes (where the rules of a society or
branch so allow) a meeting of delegates appointed by
members;

“ officer ’’ includes any trustee, treasurer, secretary,
Friendly Soctettes. [Ch. 38. No. 2.



or member of the committee of management of a
society or branch, or person appointed by the society
or branch to sue and be sued on its behalf;

‘‘ persons claiming through a member ” includes the
nominees of the member where nomination is allowed;

‘‘ prescribed person ’’ means a person prescribed by
any regulation made under this Ordinance;

‘property ”’ includes all property whether real or
personal (including books and papers) ;

“savings bank’? means the Post Office Savings
Bank and the savings department of any bank licensed
by Ordinance;

‘signed’ in relation to a body corporate, means
sealed;

‘society’ means a society registered under this
Ordinance, and includes societies subsisting at the
commencement of this Ordinance to which the
provisions of this Ordinance apply ;

‘subscription ’’ includes any contribution or dues
paid in accordance with the rules of a society or branch.

THE REGISTRAR.

3. (1) There shall be a Registrar of Iriendly Societies (in
this Ordinance called ‘“ the Registrar.’’)

(2) The Registrar shall be appointed by and shall hold
his office during the pleasure of the Governor.

(3) The Registrar shall be a barrister or solicitor of not
less than five years standing.

(4) The Governor may establish and maintain an
office for the Registrar and may appoint such officers and
other persons, as he may think fit, at such salaries or
allowances as he may from time to time fix, to assist the
Registrar in carrying out the duties imposed upon him by
this Ordinance and any amendment thereof. The Governor
may, by general or special order published in the Royal
Gazette, confer on such officers as be may deem fit all or
any of the powers of the Registrar under this Ordinance.

(5) The office of the Registrar shall be open to the
public for the transaction of business from the hourof

The

Registrar.

31
32

Annual
return by
Registrar.

Societies to
which this
Ordinance
applies.

Ch. 38. No. 2.] Friendly Socteties.

9.00 o’clock in the forenoon until the hour of 3.00 o’clock
in the afternoon of every day in the year excepting
Saturdays, on which days the office shall be closed at the
hour of 12 noon: Provided that the said office shall be kept
closed on Sundays, Good Friday, Christmas Day and on
all public holidays. :

(6) The Registrar may—

(a) prepare and cause to be circulated, for the use of
societies, model forms of accounts, balance sheets, and
valuations; and

(6) collect from the returns under this Ordinance and
from other sources, and publish and circulate, or
otherwise make known, such information on the
subject of the statistics of life and sickness, and the
application thereof to the business of friendly societies,
and such particulars of their returns and valuations,
and such other information useful to the members of
or to persons interested in societies, as he may think
fit; and

(c) cause to be constructed and published tables for
the payment of sums of money on death, in sickness,
or old age, fire insurance, or on any other contingency
forming the subject of an assurance authorised under
this Ordinance which may appear to be calculable:
Provided that the adoption of the tables by a society
shall be optional.

4. The Registrar shall in every year make a_ return
to the Governor containing, in respect of every society, the
particulars set out in section 26 of this Ordinance.

REGISTRY OF SOCIETIES.

5. (1) The following societies shall be societies to which
this Ordinance applies :—

(a) societies (in this Ordinance called friendly
societies) for the purpose of providing by voluntary
subscriptions of the members thereof, with or without
the aid of donations, for—

(i) the relief or maintenance of the members,
their husbands, wives, children, fathers, mothers,
Friendly Socteties. [Ch. 38. No. 2.

brothers or sisters, nephews or nieces, or wards
being orphans, during sickness or other infirmity,
whether bodily or mental, in old age (which shall
mean any age after fifty) or in widowhood, or for
the relief or maintenance of the orphan children
of members during minority; or

(ii) insuring money to be paid on the birth of a
member’s child, or on the death of a member,
or for the funeral expenses of the husband, wife,
child, ward, father, mother, brother, sister, uncle,
aunt, nephew or niece of a member, or of such
other relation of the member’s family as is wholly
or in part dependent upon the earnings of the
member for the ordinary necessaries of life, or of
the widow of a deceased member: Provided
always that a person shall be deemed to be the
child, father, mother, brother, sister, uncle, aunt,
nephew, niece or other relation as aforesaid of
the member, notwithstanding that he or she is
not a legitimate relative of such member: or

(ili) the relief or maintenance of the members
when on travel in search of employment, or
when in distressed circumstances, or in case of
shipwreck, or loss or damage of or to boats or
nets; or

(iv) the endowment of members or nominees of
members at any age; or

(v) the insurance against fire, to any amount
not exceeding seventy-two dollars, of the tools
or implements of the trade or calling of the
members; or

(vi) the insurance against fire, to any amount
not exceeding two hundred and forty dollars, of

the household furniture, goods and effects of the
members; or

(vii) insuring money to be paid in the event of
the marriage of members:

Provided that this Ordinance shall not apply to
a friendly society which contracts with any person
for the assurance of an annuity exceeding two hundred
and forty dollars per annum, or of a gross sum exceeding

two thousand four hundred dollars;

T.—VI. 3

33


34

Societies to
be registered.

Ch. 38. No. 2.] Friendly Socteties.



(5) societies (in this Ordinance called cattle insurance
societies) for the purpose of insurance to any amount
against loss of neat cattle, sheep, lambs, swine, horses,
and other animals by death from disease or otherwise;

(c) societies (in this Ordinance called benevolent
societies) for any benevolent or charitable purpose;

(Z) societies (in this Ordinance called working-
men’s clubs) for purposes of social intercourse, mutual
helpfulness, mental and moral improvement, and
rational recreation ;

(e) societies (in this Ordinance called specially
authorised societies) for any purpose which the
Governor may authorise as a purpose to which the
provisions of this Ordinance, or such of them as are
specified in the authority, ought to be extended:
Provided that where any provisions of this Ordinance
are so specified those provisions only shall be so
extended.

(2) For the purposes of clause (ii) of paragraph (a)
of subsection (1) the expression “‘ funeral expenses ” shall
be deemed to include all incidental and ancillary expenses
which the member may incur in connection with the
death and is not restricted to the payment of the funeral.

6. (1) Every society to which this Ordinance applies
shall be registered under this Ordinance: Provided that
it shall be deemed to be a sufficient compliance with the
provisions of this section if, before any subscriptions or
fees are collected from any member, the Registrar, by
writing under his hand, permits any person named therein,
hereinafter referred to as a permitted person, to take the
necessary steps for the formation of a society and if such
society is in fact registered within six months of such
permission being given as aforesaid.

(2) In the event of any contravention of the pro-
visions of this section, every secretary, trustee, member of
the committee, or other officer of an unregistered society
shall be hable to a fine of five dollars for every day during
which such society remains unregistered.

(3) Every permitted person shall while such society is
in process of formation cause to be kept proper books of
Friendly Socteties. [Ch. 38. No. 2.

35



account with respect to all subscriptions or fees received
and all sums of money expended by such person and the
matters in respect of which the receipts and expenditure
take place and shall immediately prior to the registration
of the said society or at the end of the said period of six
months, whichever shall occur sooner, send to the Registrar
a true return signed by him of the receipts and expenditure,
funds and effects collected, received and expended by him
while such society was in process of formation.

(4) If it is shown that proper books of account were
not kept by such permitted person throughout the said
period of six months immediately preceding the registration
of such society such permitted person shall unless he shows
that he acted honestly or that in the circumstances in which
the affairs of the society in formation were carried on the
default was excusable, be liable on summary conviction
to imprisonment for six months or to a fine of two hundred
and forty dollars.

(5) The Registrar shall on being satisfied that any
member or other person has subscribed to the funds so
collected or received or has an interest therein permit
such member or other person to inspect without payment
of any fee the said return at the office of the Registrar
during the usual or customary hours of business.

(6) The Registrar may at any time either before
or after the registration of a society order the books,
accounts, vouchers, documents, securities and funds of
such society during the period it was unregistered or in
course of formation to be inspected or audited by some
fit and proper person appointed by him, and it shall be the
duty of the permitted person and of every secretary,
treasurer, trustee and member of the committee or other
officer of the society to make available to the person so
appointed all the books, accounts, vouchers, documents,
securities and funds of the society for purposes of inspection
or audit; and the Registrar may order such person to be
paid out of the funds of the said unregistered society or
society in formation or by Government as he may deem
fit, such fee not exceeding such sum as may be prescribed.

7. (1) A society shall not be registered under this
Ordinance unless it consists of thirty-five persons at least.

3 (2)

Conditions
of registra-
tion.
36

Name of
society.

Acknowledg-
ment of
registry.

Ch. 38. No. 2.] Friendly Societies.

(2) For the purpose of registry, there shall be sent
to the Registrar an application to register the society,
signed by seven members and the secretary, and two copies
of the rules, together with a list of the names and addresses
of the secretary, of the treasurer, of every member of the
committee, and of every trustee or other officer intended
to be authorised to sue and be sued on behalf of the society
and of other members intending to join the society in order
to constitute a minimum membership of thirty-five.

(3) The rules of the society so sent shall, according
to the class in which the society is to be registered, contain
provisions in respect of the several matters mentioned in the
First Schedule hereto.

(4) Any society or branch registered under this
Ordinance the rules of which do not make adequate pro-
visions in respect of the several matters mentioned in the
First Schedule or required by regulations made under this
Ordinance, shall, upon notice in writing from the Registrar
to that effect, forthwith amend or supplement its rules
by including therein, the necessary provisions required by
such notice to be made.

(5) If the list is signed by the secretary, the treasurer,
every member of the committee, and every trustee and
other officer named therein, it shall on the registry of the
society be evidence that the persons so signing have been
duly appointed. The list shall be open to inspection by
any person on payment of a fee of twenty-four cents in
respect of any one registered society, and any such person
shall be entitled to take notes or extracts therefrom.

8. A society shall not be registered under a name
identical with that under which any other existing society
is registered, or so nearly resembling that name as to be
likely, or in any name likely, in the opinion of the Registrar,
to deceive the members or the public as to its nature or its
identity.

9. The Registrar, on being satisfied that a society has
complied with the provisions of this Ordinance as to
registry, shall issue to that society an acknowledgment of
registry specifying the designation of the society according
Friendly Socteties. [Ch. 38. No. 2.

37



to the classification set forth in this Ordinance, and this
acknowledgment shall be conclusive evidence that the
society therein mentioned is duly registered, unless it is
proved that the registry of the society has been suspended
or cancelled.

10. (1) From a refusal to register a society, an appeal
shall lie by the society to a Judge of the Supreme Court
sitting in Chambers.

(2) If the refusal to register is over-ruled on appeal
the Registrar shall give an acknowledgment of registry to
the society.

11. (1) An amendment of a rule made by a society shall
not be valid until the amendment has been registered under
this Ordinance, for which purpose copies of the amendment,
signed by three members and the secretary, shall be sent to
the Registrar.

(2) The Registrar shall, on being satisfied that any
amendment of a rule is not contrary to the provisions of this
Ordinance, issue to the society an acknowledgment of
registry of the amendment and that acknowledgment shall
be conclusive evidence that the amendment is duly registered.

(3) The provisions of this Ordinance as to appeals
from a refusal to register a society shall apply to a refusal
to register an amendment of a rule.

12. A society (other than a benevolent society or working-
men’s club) shall not be disentitled to registry by reason of
any rule for or practice of dividing any part of the funds
thereof if the rules of the society contain distinct provision
for meeting all claims upon the society existing at the time
of division before any such division takes place.

13. A society providing for the endowment of a member
or the nominee of a member at any age, or assuring a certain
annuity, shall not be entitled to registry, unless the tables of
contributions for such respective benefits or assurance,
certified by some actuary approved by the Registrar, who
has exercised the profession of actuary for at least five

Appeals from
refusal to
register.

Registry of
amendments
of rules.

Registry of
dividing
societies,

Registry of
insurance
societies and
of societies
assuring
annuities,
38 Ch. 38. No. 2.] Fnsendly Socteties.



years, are sent to the Registrar with the application for
registry.

SOCIETIES WITH BRANCHES.

Registry of 14. (1) Where a society has branches, the application for
saa registry shall be accompanied with—

Dramehes, (a) a list of all the branches, and notice of the place
where the registered office of each branch is situate;
and

(0) if any branch is to have trustees or officers
authorised to sue and be sued on its behalf, other
than the trustees or officers authorised to sue and be
sued on behalf of the society, a list of the names of all
such trustees or officers, distinguishing the branches
for which they are authorised to sue and be sued; and

(c) if the rules of all the branches (in this Ordinance
called branch rules) are or are intended to be identical,
a statement to that effect, and copies of those rules;
and

(d) if the branch rules are not or are not intended to
be identical, a statement to that effect, and copies of
all branch rules.

(2) A society having a fund under the control of a
central body to which every branch is bound to contribute
may be registered as a single society.

Establish- 15. There shall be sent under the hand of the secretary
ment of new

branches, Of a society to the Registrar—

(a) notice of the establishment of every new branch
of the society; and

(o) notice of the place where the registered office of
the branch is situate; and

(c) if the branch is to have trustees or officers
authorised to sue and be sued on its behalf, other than
the trustees or officers authorised to sue and be sued
on behalf of the society, a list of the names of such
trustees or officers; and

(4) astatement whether or not the rules of the branch
are identical with those of the other branches of the
society, and, if not so, a copy of the rules of the branch.
Friendly Societies. [Ch. 38. No. 2. 39

16. The provisions of this Ordinance as to— Application
be a! of previous
(a) the acknowledgment of registry of societies and provisions

amendments of rules, and cobra

(b) appeals from refusals to register societies and
amendments of rules and the result thereof, and

(c) the registry of the amendments of rules, and

(d) evidence of registry and of the appointment of
trustees and officers,

shall apply to branches and amendments of branch rules.

17. (1) A body which has been registered as a branch of a Requisites
society shall not be registered as a society except on pro- of preiehes
duction to the Registrar of a certificate, under the hand of 4s societies.
the chief secretary or other principal officer of the society
of which it was a branch, that the body has wholly seceded

or has been expelled from the society.

(2) An appeal shall lie from the refusal of the chief
secretary or other principal officer of the society, or his
omission, after three months from the receipt of a request
in writing made on behalf of the body to grant a certificate,
to a Judge of the Supreme Court sitting in Chambers.

18. A body which, having been a branch of a society, has Name of
wholly seceded or been expelled from that society shall not expelled
thereafter use the name of that society or any name implying branch.
that it is a branch thereof, or the number by which it was

designated as such branch.

19. A society or branch may contribute to the funds, and Contribu-
take part by delegates or otherwise in the government of any eee,
other society or branch of a society, as provided in the rules to another.
of that first-named society or branch, without becoming a

branch under this Ordinance of that other society or branch.

CONSEQUENCES OF REGISTRY.
20. Save as provided by section 31 of this Ordinance the Subscrip-

oe . . tions not
subscription of a person being or having been a member of a recoverable

society or branch shall not be recoverable at law. at law,
40

Ch. 38. No. 2.] Friendly Socteties.



Registered
office.

Appoint-
ment of
trustees.

Change in
list of
Olticers of
society.

21. (1) Every society and branch shall have a registered
office to which all communications and notices may be
addressed, and shall send to the Registrar notice of the
situation of that office, and of every change therein.

(2) In the case of a branch, the notice shall be sent to
the Registrar through an officer appointed in that behalf by
the society of which the branch forms part.

22. (1) Every society and branch shall have one or more
trustees, who shall be a member or members as the case
may be of the society or branch except the rules thereof shall
otherwise permit.

(2) The trustees shall be appointed at a meeting of the
society or branch, and by a resolution of a majority of the
members present and entitled to vote thereat.

(3) The society or branch shall within fourteen days
of such appointment send to the Registrar a copy of every
resolution appointing a trustee, signed by the trustee so
appointed, and by the secretary of the society or branch:
Provided however that if the Registrar is not satisfied that
the person so appointed as a trustee of a society or branch
is a fit and proper person such appointment shall be of no
effect. —

(+) The same person shall not hold any other office
in a society or branch of which he is a trustee.

(5) In the case of a branch, the copy of the resolution
shall be sent to the Registrar through an officer appointed
in that behalf by the society of which the branch forms part.

23. (1) Any change in the names or addresses of the
officers shown on the list mentioned in subsection (2) of
section 7 of this Ordinance shall be forthwith communicated
in writing to the Registrar by the secretary of a society,
and any secretary failing to make such communication shall
in the absence of reasonable excuse be guilty of an offence
under this Ordinance.

(2) The Registrar shall keep a book (to be called the
Register of Friendly Societies) in which shall be entered—

(a) the name and address of the registered office of
every society ;
Friendly Soctettes. [Ch. 38. No. 2.

41

Sn ttt

(b) the names and addresses of the officers shown on
the list mentioned in subsection (2) of section 7 of
this Ordinance and of all changes therein.

(3) A copy of any entry in the Register of Friendly
Societies certified under the hand of the Registrar to be a
true copy shall be received in evidence in all courts of justice
in the Colony without further proof.

24. (1) Every society and branch shall cause contribution
cards in the prescribed form to be issued to members for the
purpose of being filled in, returned, and dealt with in the
prescribed manner.

(2) Every member of a society or branch shall, not
later than the 31st of January in every year, send, deliver up
or return to the secretary of such society or branch his
contribution card in respect of the previous year for the
purposes of audit.

25. Every society and branch shall—

(a) cause its accounts to be regularly entered in the
prescribed books, separate accounts being kept of
all moneys received or paid on account of every
particular fund or benefit assured by the society or
branch for which a separate table of contributions
payable is adopted, distinét from all moneys received
and paid on account of any other benefit or fund; and

(0) keep a separate account of the expenses of
management of the society and of all contributions
on account thereof.

26. Once in every year, not later than the 31st of January,
every society and branch shall send to the Registrar a
return made up to the preceding 31st of December inclusively,
showing—

(a2) the number of members on its roll: Provided
that every person who at any time during the year was
a financial member of the society or branch shall be
included ;

(b) the amount of money on deposit in savings
banks;

Distribution
of contri-
bution cards.

Manner of
keeping
accounts.

Return of
members
and invest-
ments.


42

Audit.

Ch. 38. No. 2.] Friendly Societies.



(c) the amount of money invested in or on the
securities of any Municipal Corporation or incor-
porated borough of the Colony;

(d) the amount of money invested in or on the security
of the stock, shares or debentures of any bank incor-
porated, or of any building society established and
registered, in the Colony or in the United Kingdom,
or any Commonwealth country;

(¢) the amount of money invested in real and lease-
hold securities;

(f) the amount of money invested in shares in any
co-operative undertaking, with limited liability, the
shares of which are held by societies;

(g) the amount of money in the treasurer’s hands at
the close of work on the 31st of December aforesaid;
and

() the amount of money invested in authorised
trustee securities.

27. (1) Every society and branch shall, once at least in
every year, submit its accounts for audit to the auditor or
auditors appointed under this Ordinance at the prescribed

time and shall pay the prescribed fees to such auditor or
auditors.

(2) The auditors shall have access to all the books and
accounts of the society or branch, and shall examine the
annual return mentioned in this Ordinance, and verify the
annual return with the accounts, contribution cards,
register of members, sick relief books, the record of benefits
paid to members, blotters, and vouchers relating thereto,
and fully, truly and correctly answer the questionnaire
relating to the audit of the books and accounts of the
society or branch addressed to them by the Registrar,
and shall either sign the annual return as found by them
to be correct, duly vouched, and in accordance with law,
or specially report to the society or branch and to the
Registrar in what respects they find it incorrect, unvouched,
or not in accordance with law.

(3) An auditor may by writing under his hand require
the production before him at such time and place as may be
Friendly Socteties. [Ch. 38. No. 2.

43



fixed by the Registrar of all books, deeds, contracts, con-
tribution cards, register of members, record of benefits
paid to members, accounts, vouchers, receipts and other
documents which he may deem necessary for the purpose of
the audit, and may require any officer or other person
holding or accountable for any such book or document to
appear before him at the audit or any adjournment thereof,
and to make and sign a declaration as to the correctness
of such book or document.

(4) If any officer or other person neglects or refuses to
comply with any such requirement he shall be guilty of an
offence under this Ordinance, and if any officer or other
person knowingly and wilfully makes or signs any such
declaration which is untrue in any material particular, he
shall be deemed to be guilty of an offence under section 8
of the Perjury Ordinance.

(5) No person shall conduct the compulsory audit of
the accounts of a society or branch of which he is an officer
or member.

(6) The auditor shall disallow every payment made
without due authority according to law and surcharge the
same on the person or persons incurring or authorising the
illegal payment, and shall charge against any person
responsible therefor the amount of any deficiency or-loss
incurred by the negligence or misconduct of that person or
of any sum which ought to have been but is not brought into
account by that person and shall in every case certify the
amount due from such person.

(7) The Registrar may order any sum surcharged or
balance certified by an auditor upon audit of the books and
accounts of a society or branch to be due from any person to
be paid by that person into the office of the Registrar within
a fixed period or periods not exceeding six months in the
ageregate; and such moneys shall be paid out by the
Registrar to the said society or branch and proceedings
before a court of summary jurisdiction under section 51 of
this Ordinance may be taken at any time after the expiration
of the period or periods fixed by the Registrar notwithstand-
ing the payment of such sum to the Registrar: Provided
however that the court may take into consideration any
payment or payments as aforesaid.
44

Annual and
other
returns.

Quinquen-
nial valua-
tion.

Ch. 38. No. 2.] Friendly Socteties.

28. (1) Every society and branch shall, once in every
year, not later than the 31st of May, send to the Registrar
a return (in this Ordinance called the annual return) of the
receipts and expenditure, funds, and effects of the society
or branch as audited.

(2) The annual return shall—
(a) show separately the expenditure in respect of the
several objects of the society or branch; and

(0) be made out to the preceding 31st of December
inclusively.

(3) The society or branch shall, together with the
annual return, send a copy of any special report of the
auditors.

(4) In the case of a branch, the annual return shall be
sent to the Registrar through an officer appointed in that
behalf by the society of which the branch forms part.

(5) Every society and branch shall annually prepare
and send to the Registrar together with the annual return of
such society or branch returns relating to sickness and death
benefits and to maternity, dental, optical and other benefits
of the society or branch in accordance with the prescribed
forms made out to the preceding 3lst of December
inclusively.

29. (1) Subject to the provisions of this section the
Registrar may require every society or branch, not oftener
than once in every five years, either—

(a) to cause its assets and liabilities to be valued by a
valuer to be appointed by the society or branch and
approved by the Registrar, and to send to the Registrar
a report on the condition of the society or branch; or

(b) to’send to the Registrar a return of the benefits
assured and contributions receivable from all the
members of the society or branch, and of all its funds
and effects, debts and credits, accompanied by such
evidence in support thereof as the Registrar may
require.

(2) If the society or branch sends to the Registrar
such report as aforesaid, the report shall—
(a) be signed by the valuer; and
Friendly Socteties. [Ch. 38. No. 2.

(5) state the address and calling or profession of the
valuer; and

(c) contain an abstract to be made by the valuer of
the results of his valuation, together with a statement
containing such information with respect to the
benefits assured and the contributions receivable by
the society or branch, and of its funds and effects,
debts and credits, as the Registrar may require.

(3) If the society or branch sends to the Registrar
such return as aforesaid, the Registrar shall cause the assets
and liabilities of the society or branch to be valued and
reported on by some actuary, and shall send to the society

or branch a copy of the report and an abstract of the results
of the valuation.

(4) This section shall not apply to—

(a) a benevolent society, working-men’s club, cattle
insurance society or branch thereof; or

(b) a specially authorised society or branch unless it
is so directed in the authority for registering that
society or branch.

(5) The Registrar may, with the approval of the
Governor, dispense with the provisions of this section in
respect of societies or branches to whose purposes or to the
nature of whose operations he may deem those provisions
inapplicable. ,

(6) If any society fails to comply with any of the
requirements of this section it shall be guilty of an offence
against this Ordinance.

30. Every society and branch shall keep a copy of the last
annual balance sheet, and of the last quinquennial valuation
together with any special report of the prescribed persons,
always hung up in a conspicuous place of the registered
office of the society or branch.

31. (1) The rules of a cattle insurance society or branch,
and of such specially authorised societies: or branches
thereof as the Governor may allow to take the benefit of this
section, shall bind the society or branch and the members
thereof, and all persons claiming through them respectively,

45

Copy of last
balance
sheet.

Cattle
insurance
and other
societies.
46

Ch. 38. No. 2.] Friendly Societies.



Exemption
from stamp
and other
duties.

Priority on
death,

bankruptcy,

etc. of
officer.

to the same extent as if each member had subscribed his
name thereto, and there were in the rules contained an
agreement on the part of himself, his heirs, executors, and
administrators to conform to the rules subject to the pro-
visions of this Ordinance.

(2) All sums of money payable by a member to such
society or branch as aforesaid shall be deemed to be a debt
due from the member to the society or branch, and shall be
recoverable as such in the Petty Civil Court of the district
in which the member resides.

PRIVILEGES OF REGISTERED SOCIETIES.

32. (1) Stamp duty shall not be chargeable upon any of
the following documents—

(a) draft or order or receipt given by or toa registered
society or branch in respect of money payable by
virtue of its rules or of this Ordinance;

(b) letter or power of attorney granted by any person
as trustee for the transfer of any money of a registered
society or branch invested in his name in the public
funds;

(c) bond given to or on account of a registered society
or branch or by the treasurer or other officer thereof;

(d) policy of insurance, or appointment or revocation
of appointment of agent, or other document required
or authorised by this Ordinance or by the rules of a
registered society or branch.

(2) Any affidavit or statutory declaration required
or authorised by this Ordinance or by the rules of a
registered society or branch shall not be chargeable with the
fee of forty-eight cents required to be paid by the affixing
of stamps thereto.

(3) Customs duty shall not be chargeable for or in
respect of regalia, emblems, medals and other articles of
ceremonial wear or attire relating to societies.

33. (1) In the following cases, namely—

(a) upon the death or bankruptcy of any officer of a
society or branch having in his possession by virtue
Friendly Societies. [Ch. 38. No. 2.



of his office any money or property belonging to the
society or branch, or

(6) if any execution, attachment or other process is
issued against any such officer or against his property,

his executors or administrators, or trustee in bank-
ruptcy, or the Marshal or other person executing the
process, respectively, shall, upon demand in writing of
the trustees of the society or branch, or of any two of them,
or of any person authorised by the society or branch, or
by the committee thereof, to make the demand, pay the
money and deliver over the property to the trustees of
the society or branch in preference to any other debt or claim
against the estate of the officer.

(2) In this section, the expression “ bankruptcy ”
shall include liquidation of a debtor’s affairs by arrange-
ment.

34. (1) The rules of a society or branch may provide
for the admission of a person under twenty-one years of
age as a member.

(2) Any such member may, if he is over sixteen years
of age by himself, and if he is under that age by his parent
or guardian, execute all instruments and give all acquit-
tances necessary to be executed or given under the rules,
but shall not be a member of the committee, or a trustee,
secretary, or treasurer of the society or branch.

(3) The mother of an illegitimate child under sixteen
years of age shall, except there be an order of a court
depriving her_of the custody of such child, exercise, on
behalf of such child any powers in this section expressly or
impliedly contained. If such mother is dead, of unsound
mind, in prison, or absent from the Colony, the putative
father of such child may exercise any powers under this
section.

35. (1) A society or branch may subscribe out of its funds
to the Government or to any hospital, infirmary, charitable
or provident institution, any annual or other sum for the
purpose of securing to members of the society or branch and
their families the benefits of Government hospitals or of

47

Membership
of minors.

Subscrip-
tions to

Govt., hos-
pitals, etc. ,
and towards
education,

scie:
an

nce

id art.
48

Ch. 38. No. 2.] Friendly Societies.



Right to
supply

copies of
the rules.

Right to
supply
copies of
annual
return.

Inspection
of books by
members.

Limitation
of benefits.

any other hospital, infirmary, or other institution, according
to its rules.

(2) A society may apply or donate each year from its
funds a sum not exceeding twenty-four cents in respect of
every financial member for the purpose, or towards the
promotion or encouragement, of education, science or art in
the Colony.

RIGHTS OF MEMBERS.

36. Every society and branch shall deliver to every
person on demand, on payment of a sum not exceeding
forty-eight cents, a copy of the rules of the society or
branch.

37. Every society and branch shall supply gratuitously
to every member or person interested in its funds, on his
application, either

(a) a copy of the last annual return of the society or
branch; or

(b) a balance sheet or other document duly audited
containing the same particulars as to the receipts
and expenditure, funds, and effects, of the society
or branch as are contained in the annual return.



38. A member or person having an interest in the funds
of a society or branch may inspect the books at all reason-
able hours at the registered office of the society or branch,
or at any place where the books are kept, except that the
member or person shall not, unless he is an officer of the
society or branch, or is specially authorised by a resolution
of the society or branch to do so, have the right to inspect,
save as herein otherwise provided, the loan account of any
other member without the written consent of that member.

39. (1) A member, or person claiming through a member
of a society or branch shall not be entitled to receive more
than two thousand four hundred dollars by way of gross
sum, together with any bonuses or additions declared upon
assurances not exceeding that amount, or two hundred and
forty dollars a year by way of annuity, from any one or
more such societies or branches.
Fnendly Socteties. [Ch. 38. No. 2.



(2) Any such society or branch may require amember,
or person claiming through a member, to make and sign a
statutory declaration that the total amount to which that
member or person is entitled from one or more such
societies or branches does not exceed the sums aforesaid.

40. The rules of a society or branch may provide for
accumulating at interest, for the use of any member, any
surplus of his contributions to the funds of the society or
branch which may remain after providing for any assurance
in respect of which they are paid and for the withdrawal of
the accumulations.

41. (1) A person shall not, by reason of his enrolment or
service as a member of any police, military, naval or
air force, lose or forfeit any interest in a society or branch
which he possesses at the time of his being so enrolled or
serving, or be fined or otherwise penalised for absence from
or non-attendance at any meeting of the society or branch,
if his absence or non-attendance is occasioned by the
discharge of his police, military, naval or air duty as
certified by his commanding officer, any rules of the society
or branch to the contrary notwithstanding.

(2) A dispute between any such society or branch and
person by reason of that enrolment or service shall be
decided by the Registrar.

PROPERTY, FUNDS, AND INVESTMENTS.

42. (1) The trustees of a society or branch may, with the
consent of the committee or of a majority of the members
present and entitled to vote in general meeting, invest the
funds of the society or branch, or any part thereof, to any
amount in any of the following ways :—

(a) in a savings bank; or

(b) in the purchase of freehold land, or leasehold
land having an unexpired residue of not less than
20 years, or in the erection or alteration of offices
or other buildings thereon; or

(c) in or on the securities of any Municipal Corpora-
tion or incorporated borough of the Colony; or

T=VL 4

49

Accumula-
tion of
surplus of
contribu-
tions.

Service in
Armed
Forces.

Investment
of funds.
50

Loans to
assured
members.

Loans out
of separate
loan fund.

Ch. 38. NO: 2.] Friendly Socteties.

(d@) in or on the security of the stock, shares or
debentures of any bank incorporated or building
society established and registered in the Colony or
in the United Kingdom, or any Commonwealthcountry ;
or

(e) in or on the security of leaseholds having an
unexpired residue of not less than twenty years; or
(f) in any co-operative undertaking with limited
liability: Provided that such investment is_ first
approved by the Registrar; or
(g) in any investment in which trustees are for the
time being by law authorised to invest trust funds.
(2) The rules of a society with branches and of any
branch thereof may provide for the investment of funds of
the society or of that branch by the trustees of any branch,
or by the trustees of the society, and the consent required
for any such investment shall be the consent of the com-
mittee, or of such majority as aforesaid of the society or
branch by whom the funds are invested.

43. (1) A society and, subject to the rules of the society,
a branch may advance to a member of at least three years’
standing any sum not exceeding one-half of the amount of
an assurance on his life, on the written security of himself
and two satisfactory sureties for repayment.

(2) The amount so advanced, with all interest thereon,
may be deducted from the sum assured, without prejudice
in the meantime to the operation of the security.

44. (1) Asociety may, out of any separate loan fund to be
formed by contributions or deposits of its members, make
loans to members on their personal security, with or
without sureties, as may be provided by the rules, subject
to the following restrictions :—

(a) a loan shall not at any time be made out of money
contributed for the other purposes of the society;

(6) a member shall not be capable of holding any
interest in the loan fund exceeding one thousand four
hundred and forty dollars;

(c) a society shall not make any loan to a member on
personal security beyond the amount fixed by the
Friendly Societies. [Ch. 38. No. 2.

rules, or make any loan which, together with any
money owing by a member to the society, exceeds
two-thirds of the amount standing to the credit of
such member;

(d) a society shall not hold at any one time on deposit
from its members any money beyond the amount
fixed by the rules, and the amount so fixed shall
not exceed two-thirds of the total sums owing to
the society by the members who have borrowed from the
loan fund;

(¢) no member who is indebted to a society in respect
of a loan made to him by such society shall be accepted
as surety for another member of the said society.

(2) (a) The rules shall fix the interest to be charged
for loans which in no case shall exceed twelve per centum
per annum and the terms and conditions offered to con-
tributors and depositors. Interest shall be payable at
such time as the committee shall determine.

(6) Every society shall keep—
(i) a register of all contributors to or deposi-
tors in its loan fund;
(ti) a book showing particulars of loans made
and dates on which repayments are made;
(11) acash book in which allamounts received
or paid for any purpose of the loan fund shall
be entered by the responsible officer; and
(iv) proper books of accounts in which shall

be posted all entries from the cash and other
books relating to the loan fund.

(c) Once in every year, not later than the 30th of
June, a schedule of all promissory notes and other securities
and sums held by or due to a society from its members as
at the preceding 31st of December in the operation of a loan
fund shall be prepared and signed by the trustees and
lodged with the secretary, and the same shall be open
without charge to every member of the society. Such
schedule shall give the date of maturity of every such
promissory note or other security and the accumula-
tions of interest due thereon as at the preceding 31st of
December.

4 (2)
bs

Ch. 38. No. 2.] Friendly Soctettes.



Holding
of land.

Vesting of
property.

Devolution
on death.

45. (1) A society or branch may (if the rules thereof so
provide) hold or purchase freehold land, or take on lease
land with an unexpired residue of not less than twenty
years, in the names of the trustees of the society or branch,
and may sell, exchange, mortgage, lease, or build upon that
land (with power to alter and pull down buildings, and
again rebuild): Provided that no sale of freehold or leasehold
land of a society or branch shall be effected by the trustees
thereof save with the consent of the committee or of a
majority of the members present and entitled to vote in
general meeting; but a purchaser, assignee, mortgagee, or
tenant shall not be bound to enquire as to the authority
of any sale, exchange, mortgage, or lease by the trustees,
and the receipt of the trustees shall be a discharge for all
sums of money arising from or in connection with the sale,
exchange, mortgage, or lease.

(2) A branch of a society need not for the purposes of
this section be separately registered.

(3) Nothing in this section shall authorise a benevolent
society to hold land exceeding one acre in extent.

46. (1) All property belonging to a society shall vest in
the trustees for the time being of the society, for the use
and benefit of the society and the members thereof, and of
all persons claiming through the members according to the
rules of the society.

(2) The property of a branch of a society shall vest
wholly or partly in the trustees for the time being of that
branch or of any other branch of which that branch forms
part (or, if the rules of the society so provide, in the trustees
for the time being of the society) for the use and benefit
either of the members of any such branch and persons
claiming through those members, or of the members of the
society generally, and persons claiming through them,
according to the rules of the society.

(3) The trustees shall not be liable to make good any
deficiency in the funds of the society or branch, but shall be
liable only for sums of money actually received by them
respectively on account of the society or branch.

47. Upon the death, resignation, or removal of a trustee
of a society or branch, the property vested in that trustee
Friendly Socteties. [Ch. 38. No. 2.

shall, without conveyance or assignment, and whether the
property is real or personal, vest, as personal estate subject
2 the same trusts, in the succeeding trustees of that society

branch either solely or together with any surviving
or continuing trustees, and, ‘until the appointment of
succeeding trustees, shall so vest in the surviving or
continuing trustees only, or in the executors or adminis-
trators of the last surviving or continuing trustee.

48. In all legal proceedings whatsoever concerning any
property vested in the trustees of a society or branch, the
property may be stated to be the property of the trustees
in their proper names as trustees for the society or branch
without further description.

49. (1) A receipt under the hands of the trustees of a
society or branch, countersigned by the secretary, for all
sums of money secured to the society or branch by any
mortgage or other assurance, being in the form contained
in the Third Schedule hereto, if endorsed upon or annexed
to the mortgage or other assurance, shall vacate the
mortgage or assurance and vest the property therein
comprised in the person entitled to the equity of redemption
of that property, without reconveyance or re-surrender.

(2) If the mortgage or other assurance has been
registered in the registry of deeds in the office of the
Registrar General, the Registrar General shall, on produc-
tion of the receipt, verified by oath of any person, enter
satisfaction of the mortgage or charge made by the
assurance on the register, and shall grant a certificate,

either upon the mortgage or assurance, or separately to the
like effect.

(3) The certificate shall be received in evidence in all
courts and proceedings without further proof.

(4) The Registrar General shall be entitled to make
the said entry and grant the said certificate for a fee of
sixty cents, to be applied in like manner as other fees taken
by the Registrar General in his office.

53

Description
in legal pro-
ceedings.

Discharge
of mortgages
by receipt
ondorsed.

Third
Schedule,
54 Ch. 38. No. 2.) _ Friendly Societies.

OFFICERS IN RECEIPT OR CHARGE OF MONEY.

Security by 50. (1) Every officer of a society or branch having

priser: receipt or charge of money shall, before taking upon himself
the execution of his office, become bound w ith one sufficient
surety at the least in a bond in the form set forth in Part nt
of the Third Schedule hereto. or give the security of
guarantee society or company, in such sum as the seciety
or branch directs, conditioned for his rendering a just and
true account of all sums of money received and paid by
him on account of the society or branch at such times as
its rules appoint, or as the society or branch or the trustees
or committee thereof require him to do, and for the payment
by him of all sums due from him to the society or branch.

(2) Both the principal and the surety shall make a
statutory declaration testifying to the sufficiency of the
security furnished by the bond.

(3) The bond shall) within fourteen days after
execution thereof be forwarded, together with the above-
mentioned declaration, by the society to the Registrar,
Who shall thereupon issue his certificate as to the lodgment
thereof; and a copy of the bond certified under the hand of
the Registrar shall be receivable in’ evidence without
further proof of the contents or the execution thereof.

(+) The committee of management of a society or
branch or the Registrar in their or his absolute discretion
and without assigning any reason for so doing, may require
the principal at any time to verify the sufficiency of the
bond so given by him or to furnish a fresh bond with one
sufficient surety at the least.

(5) No two officers of a society or branch shall have
the same surety save in the case of a guarantee society or
company nor shall any officer of a society or branch be or
become surety for another officer of the said society or
branch.

Accounts 51. (1) Every officer of a society or branch having
of officers. ~— receipt or charge of money shall, at such times as by the
rules of the society or branch he should render account,
or upon demand made, or notice in writing given or left
at his last or usual place of residence, give in his account
as may be required by the society or branch, or by the
Friendly Societies. [Ch. 38. No. 2.
trustees or committee thereof, or by the Registrar,
to be examined and allowed or disallowed by them
or him, and shall, on the like demand or notice, pay
over all sums of money belonging to the society or branch
and deliver all property belonging to the society or branch
in his possession or under his control to such person as the
society or branch, or the committee or the trustees, or the
Registrar, may appoint.

(2) In case of any neglect or refusal to deliver such
account, or to pay over such sums of money or to deliver
such property in manner aforesaid, the trustees or
authorised officers of the society or branch or the Registrar
may sue upon the bond or security before mentioned, or
may apply to a Magistrate, who may order the delivery of
such account or property or the payment over of such
sums of money with costs, and in default of such delivery
or payment, the person making such default may be
sentenced to imprisonment for three months.

PAYMENTS ON DEATH GENERALLY.

52. (1) A member of a society (other than a benevolent
society or working-men’s club) or branch thereof, not being
under the age of sixteen years, may, by writing under his
hand delivered at or sent to the registered orfice of the
society or branch, or made in a book kept at that office,
nominate a person or persons to whom any sum of money
payable by the society or branch on the death of that
member, not exceeding four hundred and eighty dollars,
shall be paid at his decease: Provided that any rule or rules
for the payment of any sum of money by a society or branch
on the death of a member exceeding two hundred and
forty dollars shall be subject to the approval of the
Registrar. The signature of every such nominator shall
be witnessed by at least one person of not less than twenty-
one years of age.

(2) The sum of money payable by the society or
branch on the death of a member shall include sums of
money contributed to or deposited in the separate loan
account and the sums of money accumulated for the use
of the member under the provisions of this Ordinance with
interest thereon.

35

Member may
dispose of
sums paya-
able on his
death by
nomination,
56

Proceedings
on death of
a nominator.

Ch. 38. No. 2.] Friendly Soctettes.

(3) The person so nominated must not be an officer
or servant of the society or branch, unless that officer or
servant is the husband, wife, father, mother, child, brother,
sister, uncle, aunt, nephew, or niece of the nominator.

(4) A nomination so made may be revoked or
varied by any similar document under the hand of the
nominator, delivered, sent, or made as aforesaid.

(5) The marriage of a member of a society or branch
shall operate as a revocation of any nomination theretofore
made by that member under this section.

(6) A nomination or a variation or revocation of a
nomination by writing or mark under the hand of a member
of a branch and delivered at or sent to the registered office
of that branch, or made in a book kept at that office shall
be effectual notwithstanding that the money to which the
nomination relates or some part thereof is not payable by

that branch, but is payable by the society or some other
branch.

(7) No nomination made by an illiterate person or
person incapable of writing through illness, infirmity or
otherwise shall be deemed to have any validity for any
purpose whatsoever unless such nomination is in writing
and executed in manner hereinafter mentioned, that is to
say, it shall be made by a person of the age of sixteen years
or more; the nominator shall make his mark thereto in the
presence of a justice of the peace, barrister-at-law, solicitor,
medical practitioner, minister of religion or a police officer
not below the rank of corporal, or such functionary may in
the presence of the nominator and by his discretion sign the
name of the nominator thereto on his behalf; and such
functionary shall attest and subscribe the nomination but
no form of attestation shall be necessary. And the pro-
visions herein contained shall likewise apply to every
variation or revocation of a nomination by an illiterate
person or a person incapable of writing through illness,
infirmity or otherwise

53. (1) On the death of a nominator, the society or branch
shall pay to the nominee the amount due to the deceased
member, not exceeding the said sum of four hundred and
eighty dollars.
F *riendly Soctettes. [Ch. 38. No. 2.

(2) The receipt of a nominee over sixteen years of age
for any amount so paid shall be valid.

(3) Where the nominee is unwilling or refuses to be
responsible for the funeral expenses of a deceased member or
has not applied for the moneys payable by the society or
branch on the death of such member within twelve hours
after knowledge of the death of such member shall have come
to the secretary of the society or branch of which the said
deceased was a member the secretary shall be empowered in
his discretion to make arrangements for the funeral of the
member and to defray his funcral expenses out of moneys
payable by the society or branch in respect of the death of
the said member.

54. (1) If any member of a society or branch entitled
from the funds thereof to a sum not exceeding four hundred
and eighty dollars, dies without having made a_ valid
nomination thereof then subsisting, the secretary may defray
thereout the funeral expenses of the deceased member and
in the case of an intestacy the committee may without
letters of administration distribute the balance among such
persons as appear to a majority of the said committee, upon
such evidence as they may deem satisfactory, to be entitled
by law to receive that sum.

(2) If in the case of an intestacy, any such member is
illegitimate and unmarried the committee may distribute
such balance among the persons who, in the opinion of a
majority of them, would have been entitled thereto, if that
member had been legitimate, or if there are no such persons,
the society or branch shall deal with the money as the
Governor may direct.

(3) Where for a period of three months after the
death of a member the committee fail or are unwilling or
neglect to exercise the power of distribution vested in them
under the provisions of this section the moneys payable on
the death of the said member of the society shall be paid
to the Administrator General to be dealt with by him
according to law.

55. (1) A payment made by a society or branch, under the
foregoing provisions of this Ordinance with respect to

57

Payment
of funeral
expenses
and balance
of money
due to
deceased
member in
absence of
valid nomi-
nation,

Validity of
payments.
58

Certificates
of death.

Ch. 38. No. 2.] Friendly Soctettes.

payments on death generally to the person who at the time
appears to a majority of the committee to be entitled
thereunder, shall be valid and effectual against any demand
made upon the trustees or the society or branch by any other
person, but the next of kin or lawful representative of the
deceased member shall have remedy for recovery of the
money so paid as aforesaid, against the person who has
received that money.

(2) Where the society or branch has paid money to a
nominee in ignorance of a marriage subsequent to the
nomination, the receipt of the nominee shall be a valid
discharge to the society or branch.

(3) Where an infant, or other person under disability
is entitled to receive from a society or branch moneys
payable on the death of a member, such moneys shall be
paid by the society or branch to the Administrator General
to the credit of such infant, or other person under disability
and the receipt of the Administrator General shall be a good
discharge.

(+) The Administrator General may retain out of the

said moneys for fees of office three per cent. thereof and shall

pay or apply the remainder to or for the care, maintenance,
education or benefit of such infant, or such person under
disability as he may think fit.

56. (1) Save as provided tm subsection (2) hereof a society
or branch shall not pay any sum of money upon the death of
a member or other person whose death is or ought to be
entered in any register of deaths, except upon the produc-
tion of a certificate of that death under the hand of the
Registrar of deaths or other person having care of the
register of deaths in which that death is or ought to be
entered.

(2) Where the death of such member or other person
takes place in a public institution a certificate of that death
under the hand of the superintendent or other person
authorised in that behalf by the superintendent shall be
accepted as proof of death.

(3) This section shall not apply to deaths at sea, nor
to any death certified by a Coroner to be the subject of a
pending inquest.
Friendly Soctettes.

[Ch. 38. No. 2.

PAYMENTS ON DEATH OF CHILDREN.

57. A society or branch shall not insure or pay on the
death of a child under five years of age any sum of money
which, added to any amount payable on the death of that
child by any other society or branch, exceeds one hundred
and twenty dollars, or on the death of a child of five years
of age and over but under ten years of age any sum of money
which, added to any amount payable on the death of that
child by any other society or branch, exceeds one hundred
and eighty dollars.

58. A society or branch shall not pay any sum on the
death of a child under ten years of age except to the parent
or guardian of the child, or to the personal representative
of the parent or guardian, and upon the production by the
parent or guardian or his personal representative of a certifi-
cate of death issued by the Registrar of deaths, or other
person having the care of the register of deaths, containing
the particulars mentioned in this Ordinance.

59. (1) Where application is made for a certificate of the
death of a child for the purpose of obtaining a sum of money
from a society or branch, the name of the society or branch,
and the sum sought to be obtained therefrom, shall be
stated to the Registrar of deaths.

(2) The Registrar of deaths shall write on or at the
foot of the certificate the words ‘to be produced to the
society or branch (naming the same) said to be liable for
payment of the sum of $ (stating the same) ’

(3) All certificates of the same death shall be num-
bered in consecutive order,

(4) A fee not exceeding twenty-four cents shall be
charged by the Registrar of deaths for each such certificate.

60. (1) A Registrar of deaths shall not give any one or
more certificates of death for the payment in the whole of
any sum of money exceeding one hundred and twenty
dollars on the death of a child under five years, or for the
payment in the whole of a sum exceeding one hundred and
eighty dollars on the death of a child of five years of age
-and over, but under ten years.

59

Limitation
of amount
payable.
Ord.43-1950.

Person to
whom pay-
mont may
be made.

Particulars
of certi-
ficates,

Cases in
which
certificates
may be
given,
Ord.43=1950.
60

Enquiries
by societies.

Saving as to
insurable
iterest, ete.

Decision of
disputes.

Ch. 38. No. 2.| Friendly Societies.

(2) A Registrar of deaths shall not grant any such
certificates unless the cause of death has been previously
entered in the register of deaths on the certificate of a
Coroner, or of a member of the Medical Board who attended
the deceased child during its last illness, or except upon the
production of a certificate of the probable cause of death
under the hand of a member of the Medical Board, or of other
satisfactory evidence thereof,

61. A society or branch to which is produced a certificate
of the death of a child which does not purport to be the tirst
shall, before paying any money thereon, enquire whether any
and what sums of money have been paid on the same death
by any other society or branch.

62. Nothing in this Ordinance respecting payments on the
death of children shall apply to insurances on the lives of
children of any age, where the person insuring has an interest
in the life of the person insured,

DIsPpUTES
63. (1) Every dispute between
(a) a member or person claiming through a member
or under the rules of a society or branch, and the
society or branch or an officer thereof, o1
(6) any person aggrieved who has ceased to be a
member of a society or branch, or any person claiming

through such) person oe and the society or
branch or an officer thereof,
(c) any branch of any cen or eee and the
society or branch of which it is a branch, ¢
(¢) an officer of any such branch and the society or
branch of which that branch is a branch, or
(e) any two or more branches of any society or
branch, or any officers thereof respectively,
shall, subject to the express provisions of this section, be
decided in manner directed by the rules of the society or
branch and the decision so given shall be binding and con-
clusive on all parties without appeal, and shall not be
removable into any court or restrainable by injunction;
Friendly Societies, [Ch. 38. No. 2.

and application for the enforcement thereof may be made
to any Magistrate: Provided that the parties to such
dispute may at any time by consent refer the dispute to the
Registrar who shall have power to hear and determine such
dispute as if it were a dispute ab initio before him as herein
provided.

(2) (a) Any party to a dispute ina society or branch
may apply to the Registrar to hear and determine the same,
and the Registrar may, if he thinks fit, and after proper
notice given to the other parties to such dispute, hear and
determine such dispute: Provided that the Registrar
may before proceeding to hear or determine a dispute make
or cause a preliminary investigation to be made into the
dispute with the object. of ascertaining the facts and
limiting the issues and of endeavouring to bring about
a voluntary settlement between the parties to the dispute.

(6) For the purpose of hearing and determining
any such dispute the Registrar to whom a dispute is referred
or to whom application is made to hear and determine a
dispute may administer oaths, and may require the atten-
dance of all parties concerned, and witnesses, and the
production of all books, documents and material objects
relating to the matter in question,

(c) The Registrar to whom a dispute is referred or
an application is made to hear and determine a dispute shall
have power to order the expenses of determining such dispute
including fees to legal practitioners to be paid either out of
the funds of the society or branch or by such parties to the
dispute as he may in his absolute discretion think fit.

(@) The decision of the Registrar on any matter or
question in any such dispute shall be binding and con-
clusive on all parties without appeal, and shall not be
removable into any court or restrainable by injunction.

(3) (a) The decision given in respect of every dispute
under this section shall be recorded in the prescribed form
or as near thereto as the circumstances of the case may
require, and a copy thereof duly signed by the Registrar
issued to each and every party to the dispute,

(6) Application for the enforcement of the deter-
mination and order contained in any such decision may be
made at any time within two years from the date of the said

61
62

Ch. 38. No. 2.] Friendly Societies.



decision to any Magistrate together with an authenticated
copy of the said determination and order. For the purpose
of enforcing such decision the Magistrate shall have, enjoy
and exercise in all respects the powers of and attaching toa
County Court in England.

(4) Where no decision is made on a dispute within
forty days after application to the society or branch for a
reference under its rules, the member, officer, person or
branch aggrieved may apply to the Registrar, who shall
hear and determine the matter in dispute; but in the case
of a society with branches the said forty days shall not begin
to run until application has been made in succession to all
the bodies entitled to determine the dispute under the rules
of the society or branch, so however that no rules shall
require a greater delay than three months between each
successive determination.

(5) Notwithstanding anything contained in the Arbi-
tration Ordinance or in any other Ordinance, any arbitrator
or umpire to whom a dispute is referred under the rules of a
society or branch or the Registrar to whom a dispute is
referred or application is made to hear and determine a
dispute under this section shall not be compelled to state a
special case on any question of law arising in the case, but
the Registrar may, if he thinks fit, or, at the request of either
party, state a case for the opinion of the Supreme Court, on
any question of law, and may also grant to either party such
discovery as to documents and otherwise, or such inspection
of documents, as might be granted by the Supreme Court,
and the discovery shall be made on behalf of the society or
branch by such officer thereof as the Supreme Court or
Registrar may determine.

(6) In this section, the expression “ dispute ”’ includes
any dispute arising on the question whether a member or
person aggrieved is entitled to be or to continue to be a
member or to be reinstated as a member, but, save as
aforesaid, in the case of a person who has ceased to be a
member, does not include any dispute other than a dispute
on a question between him and the society or branch or an
officer thereof which arose whilst he was a member, or arises
out of his previous relation as a member to that society or
branch.
Friendly Societies. [Ch. 38. No. 2.

(7) This section shall apply to unregistered societies
and societies in process of formation as it applies to societies
as defined in section 2 of this Ordinance.

CHANGE OF NAME, AMALGAMATION, AND CONVERSION
OF SOCIETIES.

64. (1) A society may, by special resolution, with the
approval in writing of the Registrar, change its name, and
shall not change its name in any other manner.

(2) Any such change of name shall not affect any
right or obligation of the society, or of any member thereof,
and any pending legal proceedings may be continued by or
against the trustees of the society, or any other officer who
may sue or be sued on behalf of the society, notwithstanding
its new name.

65. (1) Any two or more societies may, by special
resolution of both or all such societies, become amalgamated
together as one society, with or without any dissolution or
division of the funds of those societies or either of them.

(2) A society may, by special resolution, transfer its
engagements to any other society which may undertake to
fulfil the engagements of that society.

(3) A special resolution by a friendly society for an
amalgamation or transfer of engagements under this
Ordinance shall not be valid without—

(a) the assent thereto of three-fourths in value of
the members, given either at the meetings at which
the resolution is, according to the provisions of this
Ordinance, passed and confirmed, or at one of them,
or, if the members were not present thereat, in writing;
and

(o) the written consent of every person receiving or
entitled to any relief, annuity or other benefit from the
funds of the society, unless the claim of that person is
first duly satisfied, or adequate provision is made for
satisfying that claim.

(4) On application of the trustees or committee of a
friendly society desiring to amalgamate or transfer its

63

Power to
change
name,

Amalgama-
tion and
transfer of
engage-
ments.
64

Conversion
of society
into com-

pany.

Ch. 38. No. 2.] Friendly Soctettes.

engagements, and upon notice of that application being
published i in the Royal Gazette, the Registrar, after hearing
the trustees or committee and any other persons whom he
considers entitled to be heard upon the application, may
order that any of the assents, consents, and conditions
required by this Ordinance, or by any regulations made under
this Ordinance, be dispensed with, and may confirm the
amalgamation or transfer.

(5) A society consisting wholly of members under
twenty-one years of age, and. a society or branch or branches
of a society having members above twenty-one years of age,
may, by resolutions registered in the manner required for
the registration of an amendment of rules, become amalga-
mated together as one society or branch, or provide for
distributing among several branches the members of a society
consisting ‘wholly of members under twenty-one years of
age, and the other provisions of this section shall not apply
to that amalgamation.

(0) The value of members shall be ascertained by
giving one vote to every member, and an additional vote for
every five years that he has been a member, but to no one
member more than five votes in the whole.

(7) If any member of a friendly society which has
amalgamated or transferred its engag roments, or if any
person claiming any rehef, annuity, or other benefit from the
funds thereof, is dissatisfied with the provision made for

satisfying his claim, that member or person may apply to
the Registrar for relief or other order, and the Registrar shall
have the same powers in the matter as in regard to the
settlement of disputes under this Ordinance.

66. (1) A society may, by special resolution, determine to
convert itself into a company under the Companies Ordi-
nance, or to amalgamate with or transfer its engagements
to any such company.

(2) If a special resolution for. converting a society into
a company contains the particulars required by the Com-
panies Ordinance to be contained in the memorandum of
association of a company, and a copy thereof has been
registered with the Registrar, a copy of that resolution
under the hand of the Registrar shall have the same effect
Friendly Societies. [Ch. 38. No. 2.
as a memorandum of association duly signed and attested
under the said Ordinance.

(3) If a society is registered as, or amalgamates with,
or transfers all its engagements to, a company, the registry
of the society under this Ordinance shall thereupon become
void, and shall be cancelled by the Registrar; but the
registration of a society as a company shall not affect any
right or claim subsisting against that society, or any penalty
incurred by that society; and for the purpose of enforcing
any such right, claim, or penalty, the society may be sued
and proceeded against in the same manner as if it had not
become registered as a company; and every such right or
claim, or the liability to any such penalty, shall have
priority, as against the property of the company, over all
other rights or claims against or liabilities of the company.

67. An amalgamation or transfer of engagements in
pursuance of this Ordinance shall not prejudice any right
of a creditor of either or any society party thereto.

68. (1) A society may, by a resolution passed by a
majority of the members or delegates present and entitled
to vote at any general meeting, of which notice specifying
the intention to propose any such resolution has been duly
given according to the rules, determine to become a branch
of any other society, and also, if thought fit, of any branch
thereof.

(2) If the rules of the society do not comply with all
the provisions of this Ordinance in respect of the registry
of branches, the meeting at which any such resolution is
passed may amend the rules so as to bring the rules into
compliance with this Ordinance.

(3) A copy of the rules of the society marked to show
the amendments, if any, made at the meeting, and two
copies of the resolution and of such amendment of rules, if
any, as aforesaid, each signed by the chairman of the
meeting and by the secretary of the society so determining
to become a branch of another society, and countersigned
by the secretary of that other society, shall be sent to the
Registrar. ;

T.—VI. 5

Saving for
right of
creditors,

Conversion
of society
into branch.
66

Meaning of
special
resolution,

Registration

vf special

resolutions.

Ch. 38. No. 2.] Friendly Soctettes.

(4) If the Registrar finds that the rules, with or
without such amendment as aforesaid, comply with the
provisions of this Ordinance, he shall cancel the registry
of the first-mentioned society and register it as a branch of
that other society, and also, if so specified in the resolution
before mentioned, of any branch of that other society,
without further request or notice, and shall register such
amendment of rules without further application or evi-
dence, and until such registry as aforesaid the resolution
shall not take effect.

(5) An advertisement of any cancelling of registry
under this section shall not be requisite.

(6) The rules of a society which becomes a branch
under this section shall, so far as they are not contrary to
any express provision of this Ordinance, and subject to any
such amendment thereof as aforesaid, continue in force as
the rules of the branch until amended.

69. For the purposes of this Ordinance, a special resolu-
tion shall mean a resolution which is—

(a) passed by a majority of not less than three-
fourths of such members of a society, entitled under the
rules to vote as may be present in person or by proxy
(where the rules allow proxies) at any general meeting
of which notice specifying the intention to propose
{hat resolution has been duly given according to the
rules; and

(b) confirmed by a majority of such members,
entitled under the rules to vote, as may be present in
person or by proxy (where the rules allow proxies)
at a subsequent general meeting of which notice has
been duly given, held not less than fourteen days
nor more than one month from the day of the meeting
at which such resolution was first passed.

At any meeting mentioned in this section a declaration
by the chairman that the resolution has been carried shall
be conclusive evidence of the fact.

70. A copy of every special resolution for any of the
purposes mentioned in this Ordinance, signed by the chair-
man of the meeting and countersigned by the secretary, shall
Friendly Socteties. [Ch. 38. No. 2.

be sent to the Registrar’s office and registered by him, and
until that copy is so registered the special resolution shall
not take effect.

INSPECTION: INQUIRY: REMOVAL OF OFFICER:
CANCELLING AND SUSPENSION OF REGISTRY:
DISSOLUTION.

67

71. (1) The Registrar may in his absolute discretion and inspection —
without assigning any reasons for so doing appoint an_ °f books.

accountant to inspect and if necessary to audit the books
of a society or branch at any time and to report to him
thereon. A person appointed as an accountant under this
section shall have all the powers, privileges and authority
of an auditor appointed under this Ordinance. The cost
of such inspection and audit shall be borne by the Govern-
ment.

(2) In case any member of a society applies to the
Registrar to direct an inspection or audit of the books of
such society or branch, the Registrar may, in his absolute
discretion, make it a condition of granting the application
that such member deposit such sum as will be, in the opinion
of the Registrar, sufficient to cover the costs and charges
of such inspection or audit.

(3) The Registrar may, after the inspection or audit
is over and in his absolute discretion, either return such
sum to the member or cause to be repaid to the society or
branch the costs to which it has been put in and over such
inspection or audit out of such sum; the balance, if any,
being returned to the member so depositing as aforesaid.

(4) A person appointed under this section shall at all
reasonable times have access to all the books, accounts,
securities and documents of the society or branch and any
officer or person in charge, possession, custody or control of
such books, accounts, securities or documents who refuses
or neglects to afford such access shall be guilty of an offence
under this Ordinance. He shall also have power to make
copies of any book of the society or branch, and to take
extracts therefrom, at all reasonable hours, at the registered
office of the society or at any place where the books are kept.

(5) Any person, whether connected with the society
or not, who hinders, obstructs, or molests any person

5 (2)
68

Ch. 38. No. 2.] Friendly Societies.



Inspection
of society's
premises.

Inquiry.

appointed by the Registrar to inspect or audit the books,
accounts, securities and documents of such society shall be
hable to a fine of forty-eight dollars, or to imprisonment for
one month, or to both.

72. (1) The Registrar may enter and inspect, or may
authorise any person in writing to enter and inspect, the
registered office or place of meeting of any society or branch,
at any reasonable time by day or night and may examine
the condition and affairs of such society or branch and make
such enquiries as are necessary to ascertain its condition
and ability to provide for the payment of the benefits
payable under its rules and whether or not it has complied
with all the provisions of this Ordinance.

(2) The officers and servants of such society or branch
shall produce the books, accounts, vouchers, documents,
moneys and records of the society or branch for the inspection
of the Registrar or person authorised in writing and shall
otherwise facilitate such examination as far as it is in their
power provided that the books, accounts, vouchers, docu-
ments, moneys and records of a society or branch may be
required by the Registrar to be produced at the office of the
Registrar or at such other convenient place as the Registrar
may direct.

(3) Every request, requisition or order made or given
by the Registrar or authorised person under the provisions of
this section shall be carried into effect within such time as
the Registrar shall appoint not exceeding one month by the
society or branch, officer or servant to whom the same may
be directed, and every society or branch, officer or servant,
who shall in any way disobey or not carry into effect such
request, requisition or order shall be guilty of an offence
under this Ordinance.

73. (1) The Registrar may of his own motion or at the
request of a member or on the application of a creditor of a
society or branch by himself or by a person or persons duly
authorised by him in writing in this behalf, hold an inquiry
into the constitution, working, or financial condition of the
society or branch and the position or standing of any
member in the society or branch and may investigate
Friendly Socteties. [Ch. 38. No. 2.



all claims against the society or branch, its debts and
liabilities.

(2) Nothing herein contained shall prevent the
appointment by the Registrar under this section of an officer
or officers of the society or branch to carry out an inquiry
hereunder.

(3) The remuneration of any person or persons
authorised by the Registrar under this section and the other
expenses of the inquiry shall be such as the Registrar shall
approve and shall, unless the Registrar otherwise directs,
be borne by the society or branch.

(4) The result of any inquiry under this section shall
be communicated to the society or branch whose affairs
have been investigated and in the case of a creditor to the
creditor.

(5) All officers and members of the society or branch
whose affairs are investigated shall furnish such information
in their possession in regard to the affairs of the society
or branch as the Registrar or person authorised by the
Registrar may require.

(6) If any person wilfully hinders or delays the
Registrar or any person duly authorised by him under this
section in the exercise of any powers under this section, or
fails to comply with the requisition of the Registrar or said
duly authorised person in pursuance of this section, or to
produce any books, accounts, ledgers, receipts, vouchers,
documents or moneys which he is required to produce, that
person shall be deemed to obstruct the Registrar or said
duly authorised person in the execution of his duties under
this section.

(7) Every person who obstructs the Registrar or duly
authorised person in the execution of his duty under this
section shall be guilty of an offence against this Ordinance.

(8) For the purpose of holding an inquiry under this
section the Registrar or other authorised person shall have
power to administer oaths and affirmations and shall be
vested with the powers of a Magistrate for compelling the
attendance of witnesses, maintaining order and otherwise
duly conducting the said inquiry. Persons summoned to
attend at any such inquiry shall be legally bound so to
attend.

69
70:

Removal
of officer.

Ch. 38. No. 2.| Friendly Soctettes.

74, (1) (a) If at any time it appears to the satisfaction of
the Registrar after due inquiry into the facts the officer or
other person being afforded a full opportunity of being h ard
that an officer of a society or branch or a person holding
office in a society or branch, whether elected or otherwise,
has been guilty of negligence, irregularity or misconduct,
such officer or person may be removed from office by order
of the Registrar, and the Registrar shall notify the society
or branch concerned and direct that it proceed to the elec-
tion of a substitute in the place or stead of such officer or
person removed as aforesaid. In the event, that the society
or branch shall fail to elect an officer to fill the vacant office
within one month of the date of such direction the Registrar
may thereupon appoint a new officer to fill such vacant
office.

(b) (i) Every. officer or other person who is
removed by order of the Registrar having the custody of
any books, ledgers, vouchers, registers, bills, documents,
moneys or other property or matter belonging to a society
or branch or relating to the business or affairs of a society
or branch shall forthwith deliver up to the Registrar or to
any person authorised by him, such books, ledgers, vouchers,
registers, bills, documents, moneys or other property or
matter.

(ii) Any officer or other person who shall fail
to deliver up all or any such books, ledgers, vouchers,
registers, bills, documents, moneys, property or matter,
shall be guilty of an offence against this Ordinance and on
summary conviction before a Magistrate shall be hable to
imprisonment with hard labour for three months or to a
fine of one hundred and twenty dollars.

(2) In every case in which the Registrar shall remove
an officer of a society or branch or other person from office,
he shall, if required to do so by an order of a Magistrate,
transmit forthwith to such Magistrate any papers, docu-
ments, report or other matter upon which such order of
removal was made and if the Magistrate on perusing and
considering the same shall be of opinion that the officer
ought not to have been removed, he may call upon the
Registrar to show cause why an order should not be made
for the re-instatement of such officer. Any order may
command such officer either forthwith or on the expiration
Friendly Socteties. [Ch. 38. No. 2.

of any given time as may appear to the Magistrate to be
just, to do, execute, or perform any duty or duties apper-
taining to or in connection with his said office and may order
the payment by such officer of such costs and expenses as
the Magistrate may think fit.

(3) The time in which to perform or fulfil any duty
may be extended on application to a Magistrate, upon such
terms and for such time as the Magistrate in his discretion
may think fit.

(4) Every application to a Magistrate by an officer or
other person who has been removed by order of the Registrar
shall be made within thirty days from the day upon which
the order of removal was issued, unless further time be
allowed by a Magistrate upon special circumstances
accounting for the delay as may appear to the Magistrate
to be just.

(5) Any officer or other person removed from office
by order of the Registrar under the provisions of this
section shall thereupon cease to hold office in the said
society or branch from the date of such order for the
remainder of his then current term of office and shall be
disqualified for being elected and for being an officer of any
society or branch for a period not exceeding five years as
the Registrar shall determine, next after the end of his
aforesaid current term of office.

75. (1) If at any time it appears that the funds or the
property of any society or branch have been wrongfully
withheld, misapplied or applied for unauthorised purposes
or that the business of the society or branch has been carried
on with intent to defraud the society or branch or any
member thereof or any other person or that the conduct
of its proceedings or affairs has been carried on corruptly
or perversely the court, on the application of the Registrar
or any person authorised by him in writing, may, if it thinks
proper so to do, declare that any of the officers, whether
past or present, of the society or branch who were knowingly
parties to the wrongful withholding, misapplication or
unauthorised use of the said funds or property of the society
or branch or to the carrying on of the business of the society
or branch in manner aforesaid shall be personally liable with-
out any limitation of liability for all or any of the debts

71

Responsibi-
lity of

officers and
declaration
of liability.


72



Ch. 38. No. 2.] Friendly SOretes:



or other liabilities of the society or branch as the court may
direct: Provided that any person who has not held
office in a society or branch within a period of six years
previous to the time at which any contravention of the
provisions of this subsection as respects such society or
branch shall have been discovered shall not be called upon
to account under this subsection.

(2) The court may, on the application of the Regis-
trar, or any person authorised by him in writing, in the case
of any person in respect of whom a declaration has been
made by it under this section order such person to repay
or restore the money or property or any part thereof
respectively with interest at such rate as the court thinks
just, or to contribute such sum to the funds of the society
by way of compensation in respect of the withholding,
misapplication or unauthorised use as the court thinks just.
And where an order for the payment of any money is made
as aforesaid under this section the order shall be deemed to
be a judgment debt, due to the society or branch entitled
to receive the same from the person against whom the said
order has been made and such order for the payment of
money or restoration of property may be enforced in the
same manner as a judgment or order of the court in civil
cases may be enforced. In this section the expression
‘the court ” in relation to a declaration or the making of
an order as aforesaid means any civil court of competent
jurisdiction in the Colony.

(3) Where the court makes any such declaration, it
may, notwithstanding the provisions of subsection (2)
hereof and that such person be then dead, add such further
directions as it thinks proper for the purpose of giving effect
to that declaration, and in particular for making the
liability of any such person under the declaration a charge
in priority to all other claims legal or equitable under any
Act, Ordinance, Law, Rule or Regulation or any benefits,
moneys, credits, debt or obligation due or to accrue from the
society or branch to the said person, or on any share,
insurance, mortgage, charge or interest in, on or upon any
of the funds or assets of the said society or branch held by or
vested in the said person or any society or person on his
behalf or any person claiming as assignee from or through
the society or person, and may from time to time make such
Fnendly Socteties. [Ch. 38. No. 2.

further order as may be necessary for the purpose of en-
forcing any charge imposed under this subsection.

For the purpose of this subsection, the expression
“assignee”? includes any person to whom or in whose
favour, by the directions of the said person, the benefits,
credits, debt, obligation, mortgage or charge was created,
issued or transferred or the interest created, but does not
include an assignee for valuable consideration (not including
consideration by way of marriage) given in good faith and
without notice of any of the matters on the ground of which
the declaration is made.

(4) The court may, in the case of any person in
respect of whom a declaration has been made under sub-
section (1) of this section, order that that person shall not,
without the leave of the court, be an officer of or in any way,
whether directly or indirectly, be concerned in or take part
in the management of any society or branch for such
period, not exceeding ten years, from the date of the
declaration as may be specified in the order, and if any
person acts in contravention of an order made under this
subsection he shall in respect of such offence, be liable
on conviction on indictment to imprisonment for two
years, or on summary conviction to imprisonment for six
months, or to a fine of four hundred and eighty dollars,
or to both such imprisonment and fine.

(5) The provisions of this section shall have effect
notwithstanding that the person concerned may be crimin-
ally liable in respect of the matters on the ground of which
the declaration is to be made.

76. (1) The Registrar may—

(2) with the approval of the Magistrate assigned to
the magisterial district within which is situate the
registered office or any place of business of a society
(to whom application must be made in the prescribed
form), on proof to his satisfaction that an acknow-
ledgment of registry has been obtained by fraud or
mistake, or that a society exists for an illegal purpose,
or has wilfully and after notice from the Registrar
violated any of the provisions of this Ordinance, or

(6) if he thinks fit, at the request of a society to be
evidenced in such manner as he may direct, or

73

Cancelling
registry.
74 Ch. 38. No. 2.] I'riendly Soctettes.

(c) 1f a society has ceased to exist, by writing under
his hand cancel the registry of a society.

Suspension (2) The Registrar in any case in which he might under
of registry. : a 7 1
“paragraphs (a) and (c) of subsection (1) of this section
cancel the registry of a society, may, by writing under his
hand, suspend the registry for any term not exceeding three
months, and mi ty, with the approval of the Magistrate, as
aforesaid renew from time to time the suspension for the
like period.
et (3) A society shall be deemed to have ceased to exist
ca non- when

existent,

(a) no regularly convened meeting of the general
body of the society or of its committee of management
or other governing body has been held at the times
and plac © “appointed by the rules for holding the same
during a continuous period of six months; or

(6) no election of officers of the society has been held
in the manner prescribed by the rules for two con-
secutive years; OT

(c) any prescribed return required to be submitted to
the Registrar has not been so submitted in respect
of two consecutive years; or

(7) it has been reported to the Registrar by the
prescribed persons referred to in section 27, or by
the accountant appointed by the Registrar under
section 71 of this Ordinance, or the Registrar is
satisfied from a report so submitted to him by any
such prescribed persons or accountant, or as a result
of any inquiry made or held under the provisions
of section 73 of this Ordinance, that the society is
insolvent or must necessarily become so and in the
Kegistrar’s opinion no further business should be
transacted; or

(e) the number of the enrolled financial members of
the society is less than twenty.

Notice before (+) Unless the Registrar has given to a society not less

cancelling than one month's previous notice in writing in the pres-

suspension. ¢ribed form specifying briefly the grounds of any proposed
cancelling or suspension, the registry of the society shall not
be cancelled (except at its request) or suspended.
(5) Service of process under paragraph (a) of sub-
section (1) of this section and the notice in writing referred
to in subsection (4) of this section may be given as follows—

(a) by delivery thereof to any officer of the society

personally; or

(o) by leaving the same at or sending it by prepaid

registered post addressed to the society or to any
officer thereof at the registered office or last known
place of business of the society.

(6) When the registry of a society has been cancelled
or suspended, notice thereof shall forthwith be published in
the Royal Gazette.

(7) When the registry of a society has been sus-
pended or cancelled, the society shall, from the time of the
suspension or cancelling (but if suspended, only while the
suspension lasts, and subject also to the right of appeal
given by this section), absolutely cease to enjoy as such the
privileges of a society but without prejudice to any liability
whether criminal or civil incurred by the society; any such
criminal liability may be enforced against the society as if
the suspension or cancelling had not taken place; and any
such civil liability may be enforced

(a) after the cancelling, in the manner in subsection

(9) hereof provided, and

(0) after the suspension, as if the suspension had not

taken place.

(8) A society may within thirty days from the date of
the Royal Gazette in which the advertisement appears appeal
from the cancelling of its registry or from any suspension or
renewal of suspension thereof to a Judge of the Supreme
Court sitting in Chambers.

(9) Upon the cancelling of the registry of a society

with realisable property—

(a) every officer having receipt or charge of money or
other personal property of the society shall forthwith
deliver the same to the Registrar or his nominee who
shall realise by sale all such other personal property;
such money and proceeds of sale shall be applied by the
Registrar in the manner provided by paragraph (d)
of this subsection ;

Friendly Socteties. [Ch. 38. No. 2.

Service of
process.

Advertise-
ment,

Effect of
cancelling
and suspen-
sion of
registry.

Appeal.

Realisation
and mar-
shalling of
assets.
76

Ch. 38. No. 2.] Friendly Socteties.

(6) the committee of management or other managing
body of the society shall forthwith deliver to the
Registrar full particulars of all claims outstanding
against the society, of all securities and of all property
of whatever tenure held by the society and the Crown
grants or other muniments of title or copies of such
muniments of title in the possession of the trustee
or other member or members of the said committee
of management or of such managing body; the
Registrar shall have power to dispose of the said
property by sale and in the case of mortgage securities
to exercise the power of sale or of seizure which, but
for the cancelling of the registry of the society, would
otherwise be exercisable by the society or its trustees
and to execute in favour of the purchaser a deed of
conveyance, memorandum of transfer, assignment or
other appropriate instrument for vesting title in such
purchaser; the purchase money shall be deposited
with the Registrar or his nomince to be applied by the
Registrar in the manner provided by paragraph (d) of
this subsection. The Registrar shall also have power
to sue in his own name in any court of competent juris-
diction for the recovery of any sums due to the society;

(c) the Registrar shall upon realisation of all the
available property of the society publish an advertise-
ment in the prescribed form in a local newspaper once
in cach week for a period of two weeks requiring
creditors of the society to submit their claims to him;
such claims shall be in detail and be verified by affidavit
to the satisfaction of the Registrar;

(¢) upon the expiration of twenty-one days from the
date of the first publication of the advertisement,
the Registrar shall apply the moneys in hand in the
manner and in the order following—

(i) in payment of the prescribed fees and of all
expenses of and incidental to the realisation of the
property ;

(11) in payment of all local rates and all assessed
taxes, land tax, house tax, and all other taxes
or sums whatsoever assessed on the society;

(ili) in settlement of the amount due for not
more than six months’ house or land rent;
Friendly Socteties. [Ch. 38. No. 2. 77

(iv) in satisfaction of all claims submitted by
members of the Medical Board, dentists, opticians,
druggists, and undertakers;

(v) in payment to financial members of sick
relief death benefits or other benefits assured by
the society for which claims have been submitted;

(vi) in satisfaction of claims submitted for
salaries or other remuneration payable to officers
of the society ;

(vil) in satisfaction of all other demands not
being in the nature of unliquidated damages;

(vili) any balance in the hands of the Registrar
may, whether wholly or in part, be applied by
him in distribution among such of the members
of the society as the Registrar shall in his discretion
determine, and the rest, if any, of such moneys
shall be the property of the Crown and shall be
deposited into the Treasury in the prescribed
manner ;

(e) the decision of the Registrar in relation to the
marshalling and distribution of the assets of the
society shall be binding and conclusive on all parties
without appeal.

77. (1) Subject to the provisions of this Ordinance as to pissolution
the dissolution of societies with branches, a society or branch of societies.
may terminate or be dissolved in any of the following
ways-—

(a) upon the happening of any event declared by the
rules to be the termination of the society or branch;
or

(o) as respects societies or branches other than
friendly societies or branches, by the consent of three-
fourths of the members, testified by their signatures to
the instrument of dissolution; or

(c) as respects friendly societies or branches, by the
consent of three-fourths in value of the members
(including honorary members, if any), testified by
their signatures to the instrument of dissolution, and
also by the written consent of every person receiving
or entitled to receive any relief, annuity, or other
Instrument
of dissolu-
tion,

Ch. 38. No. 2.] Friendly Societies.

benefit from the funds of the society or branch, unless
the claim of that person is first duly satisfied, or ade-
quate provision made for satisfying that claim, and, in
the case of a branch, with the consent of the central
body of the society, or in accordance with the general
rules of the society; or

(7) by the award of the Registrar in the cases

specified in this Ordinance.

(2) The provisions of this Ordinance as to the method
of calculating the value of members and. the remedy of
members and persons dissatisfied with the provisions made
for satisfying their claims in the case of the amalgamation
or transfer of engagements of a friendly society shall apply
to the dissolution of a frie ndly society or branch.

78. When a society or branch is) terminated by an
Instrument of dissolution
(a) the instrument shall set forth
(1) the Habilities and assets of the society or
branch in detail; and
(it) the number of members and the nature of
their interests in the society or branch; and
(ui) the claims of creditors (if any) and the
provision to be made for their payment; and
(iv) the intended) appropriation. or oe of
the funds and property of the society or branch,
unless the appropriation or division: is a ited in
the instrument of dissolution to be left) to the
award of the Registrar:

(6) alterations in the instrument of dissolution may
be made with the like consents as are in this oo nce
required for the dissolution of a society or branch,
testified in the same manner;

(¢) astatutory declaration shall be made by one of the
trustees, or by three members and the secre tary of the
society or branch, that the provisions of this Ordinance
have been complied with, and shall be sent to the
Registrar with the instrument of dissolution:

(@) the instrument shall not, in the case of a friendly
society or branch, direct. or contain any provision
for a division or appropriation of the funds of the
Friendly Societtes. [Ch. 38. No. 2.

society or branch, or any part thereof, otherwise
than for the purpose of carrying into effect the objects
of the society or branch as declared in the rules thereof,
unless the claim of every member or person claiming
any relief, annuity, or other benefit from the funds
thereof is first duly satisfied, or adequate provisions
are made for satisfying those claims;

(ec) the instrument of dissolution and all alterations
therein shall be registered in manner in this Ordinance
provided for the registry of amendments-of rules, and
shall be binding upon all the members of the society
or branch;

(f) the Registrar shall cause a notice of the dissolu-
tion to be published in the Royal Gazette at the expense
of the society or branch, and, unless, within three
months from the date of the Royal Gazette in which
the advertisement appears, a member or other person
interested in or having any claim on the funds of the
society or branch commences proceedings to set aside
the dissolution of the society or branch, and_ the
dissolution is set aside accordingly, the society or
branch shall be legally dissolved from the date of that
advertisement, and the requisite consents to the
instrument of dissolution shall be considered to have
been duly obtained without proof of the signatures
thereto.

79. (1) Upon the application made in writing under their
hands
(a) of one-fifth of the whole number of members of a
society or branch; or
(6) in the case of a society or branch of one thousand
members and not exceeding ten thousand, of one
hundred members: or
(c) in the case of a society or branch of more than ten
thousand members, of five hundred members,
the Registrar may by himself, or by any actuary or
auditor whom the Registrar may appoint in writing under
his hand, investigate the affairs of the society or branch,
but shall give not less than one month’s previous notice in
writing to the society or branch whose affairs are to be
investigated.

79

Dissolution
by award,
80

Ch. 38. No. 2.] Friendly Soctettes.

(2) The application shall—

(a) state that the funds of the society or branch are
insufficient to meet the existing claims thereon, or
that the rates of contribution fixed in the rules of the
society or branch are insufficient to cover the benefits
assured; and

(b) set forth the grounds on which the insufficiency
is alleged; and

(c) request an investigation into the affairs of the
society or branch with a view to the dissolution thereof,

(3) If upon the investigation it appears that the funds
of the society or branch are insufficient to meet the existing
claims thereon, or that the rates of contribution fixed in the
rules of the society or branch are insufficient to cover the
benefits assured to be given by the society or branch, the
Registrar may, if he considers it expedient so to do, award
that the society or branch be dissolved, and its affairs wound
up, and shall direct in what manner the assets of the society
or branch shall be divided or appropriated: Provided that
the Registrar may suspend his award for such period as he
may deem necessary to enable the society or branch to
make such alterations and adjustment of contributions and
benefits as will in his judgment prevent the necessity of the
award of dissolution being made.

(4) The Registrar proceeding under this section shall
have all the same powers and authorities, enforceable by the
same penalties, as in the case of a dispute referred to him
under this Ordinance.

(5) Every award under this’ seetion, whether for
dissolution or distribution of funds, shall be final and
conclusive on the society or branch in respect of which the
award is made, and on all members of the society or branch,
and on all other persons having any claim on the funds of
the society or branch, without appeal, and shall be enforced
in the same manner as a decision of a dispute under this
Ordinance.

(6) The expenses of every investigation and award,
and of publishing every notice of dissolution, shall be paid
out of the funds of the society or branch before any other
appropriation thereof is made.
Friendly Societies. [Ch. 38. No. 2.

(7) Notice of every award for dissolution shall,
within twenty-one days after the award has been made, be
published by the Registrar in the Royal Gazette; and unless,
within three months from the date on which that advertise-
ment appears, a member or person interested in or having
any claim on the funds of the society or branch commences
proceedings to set aside the dissolution of the society or
branch consequent upon such award, and the dissolution
is set aside accordingly, the society or branch shall be legally
dissolved from the date of the advertisement, and the
requisite consents to the application to the Registrar shall
be considered to have been duly obtained without proof
of the signatures thereto.

80. The provisions of this Ordinance respecting the
dissolution of societies shall not apply to any society having
branches except with the consent of the central body of the
society.

81. (1) Where a person takes any proceeding to set aside
the dissolution of a society or branch, he shall give notice of
the proceeding to the Registrar not less than seven days
before the proceeding is commenced.

(2) Where an order is made setting aside the dis-
solution of a society or branch, the society or branch shall
give notice of the order to the Registrar within seven days
after the order has been made.

OFFENCES, PENALTIES, AND LEGAL PROCEEDINGS.
82. It shall be an offence under this Ordinance if—

(a) a society or branch or an officer or member
thereof fails to give any notice, deliver up, return or
send any contribution card, return or document, do or
allow to be done anything, which the society, branch,
officer, or person is by this Ordinance required to give,
deliver up, return, send, do, or allow to be done; or

(0) a society or branch or an officer or member
thereof wilfully neglects or refuses to do any act or to
furnish any information required for the purposes
of this Ordinance by the Registrar or by any other

T.—VI. 6

81

Dissolution
of societies
having
branches,

Notice of
proceedings
or order to
set aside
dissolution,

Offences.
82 Ch. 38. No. 2.| Iriendly Soctettes.

THlicit
payments,

person authorised under this Ordinance, or does
anything forbidden under its rules or by this Ordi-
nance; or

(c) a society or branch or an officer or member
thereof makes a return or wilfully furnishes information
in any respect false or insufficient; or

(d) an officer or member of a body which, having
been a branch of a society, has wholly seceded or been
expelled from that society, thereafter uses the name of
that society or any name implying that the body
isa branch of that society or the number by which that
body was designated as such branch; or

(c) where application is made to the Registrar to
hear and determine a dispute or where a dispute is
referred under this Ordinance to the Registrar, a
person refuses to attend ot to produce any books,
documents, or things, or to give evidence before
the Registrar; or

(f) a society or branch pays money on the death of a
child under ten years of age otherwise than is provided
by this Ordinance; or

(g) a parent or personal representative of a parent
claiming money on the death of a child produces a
certificate of the death other than is in this Ordinance
provided to the society or branch from) which the
money is claimed, or produce sa false certificate, or one
fraudulently obtained or in any way attempts to defeat
the provisions of this Ordinance with respect to pay-
ments upon the death of children; or

(i) an officer of a society or branch wilfully refuses to
observe or comply with any of the provisions of the
rules of such society or branch relating to his duties
or functions under such rules or with any of the
provisions of the regulations contained in the Second
Schedule to this Ordinance relating to his duties or
functions under such regulations: Provided that no
complaint shall be laid against any officer under this
paragraph except by, or with the consent in writing of,
the Registrar.

83. No officer of a society or branch shall, either in
addition to or in substitution for the remuneration prescribed
Friendly Socteties. [Ch. 38. No. 2.

under this Ordinance or authorised by the rules of the society,
or branch, receive from any other person any gift, bonus,
commission, or benefit, for or in connection with any
benefit paid or any loan made by the society or branch, and
any person paying or accepting any such gift, bonus,
commission, or benefit, shall be liable, on summary con-
viction, to a fine of two hundred and forty dollars, and,
in default of payment, to be imprisoned for six months,
and the person accepting any such gift, bonus, commission,
or benefit, shall as and when directed by the Court by whom
he is convicted, pay over to the society or branch the
amount or value of such gift, bonus, commission, or benefit,
and in default of such payment shall be liable to be im-
prisoned for six months.

84. (1) (a) No person who is an undischarged bankrupt
or has compounded with his creditors or has made an
arrangement or composition with his creditors under the
Bankruptcy Ordinance or the Deeds of Arrangement
Ordinance, shall be appointed, or if appointed, shall act as
the president, vice-president, secretary, assistant secretary,
treasurer, or trustee of a society.

(6) Any person acting in contravention of the
provisions of this subsection shall be liable to a fine of
ninety-six dollars.

(2) A person shall be disqualified for being elected
and for being an officer of any society or branch if within
the previous ten years he has been convicted of any offence
involving dishonesty. If any person, who, under the
provisions of this subsection, is disqualified for being
elected and for being an officer of any society or branch, or,
if elected to be an officer of any society or branch, has
become disqualified to hold such office, acts as an officer of a
society or branch he shall be guilty of an offence and shall
be liable on summary conviction to imprisonment for six
months with or without hard labour or to a penalty of two
hundred. and forty dollars.

85. (1) No person shall hold both the offices of president
and treasurer or secretary and treasurer of the same society
or a branch thereof.

6 (2)

83

Bankrupt,
etc,, not to
be officer of
a society.

Limitation
of office
holders,
84

Ottences by
societies to
be also

offences by
officers, ete.

Continuing
offences,

Punishment
of fraud,
false declara-
tions, and
Mis-appro-
priations,

Ch. 38. No. 2.] Friendly Societies.

(2) No person shall hold the office of treasurer in
more than one society.

(3) No person holding any other office therein shall
be, or act as, the medical officer, dentist, optician or druggist
of any society.

(4) Any person contravening any of the provisions
of this section shall be liable to a fine of one hundred and
twenty dollars.

86. Where a society or branch is guilty of an offence
under this Ordinance, every member of the committee,
unless that member is proved to have been ignorant of or
to have attempted to prevent the commission of the offence,
shall be liable to the same penalty as if he had committed
the offence.

87. Every default under this Ordinance constituting an
offence, if continued, shall constitute a new offence in
every week during which the default continues.

88. (1) If any person, with intent to mislead or defraud,
gives to any other person a copy of any rules, laws,
regulations, or other documents, other than the rules of a
society or branch, on the pretence that they are the existing
rules of that society or branch, or that there are no other
rules of the society or branch, or gives to any person a
copy of any rules on the pretence that those rules are the
rules of a registered society or branch when the society
or branch is not registered, the person so offending shall be
guilty of an offence under this Ordinance.

(2) If any person obtains possession by false represen-
tation or imposition of any property of a society or branch,
or withholds or misapplies any such property in_ his
possession, or wilfully applies any part thereof to purposes
other than those expressed or directed in the rules of the
society or branch and authorised by this Ordinance, he
shall, on such complaint as is in this section mentioned, be
liable to a fine of one hundred and twenty dollars, and
costs, and to be ordered to deliver up all such property, or to
repay all sums of money applied improperly, and in default
of such delivery or repayment, or of the payment of such
Friendly Socteties. [Ch. 38. No. 2.
fine and costs as aforesaid, to be imprisoned for three
months: Provided that where on such a complaint against
a person of withholding or misapplying property, or
applying it for unauthorised purposes, it is not proved
that that person acted with any fraudulent intent, he
shall not be liable to conviction but may be ordered to
deliver up all such property or may be ordered to repay
any sum of money applied improperly, with costs, and in
default of such delivery or repayment or of the payment of
such costs as aforesaid to be imprisoned for three months.

(3) Complaint under this section may be made—

(a) in the case of a society, by the society or any
member authorised by the society, or the trustees or
committee of the society; or

(6) in the case of a branch, by—

(i) the branch or any member authorised by
the branch or the trustees or committee thereof;
or

(ii) the central body of the society of which the
branch forms part; or

(ili) any member of the society or branch
authorised by the central body; or

(c) in any case, by the Registrar or by any person

authorised in writing by the Registrar.

(+) Nothing in this Ordinance shall prevent any
such person from being proceeded against by way of
indictment, if not previously convicted of the same offence
under the provisions of this Ordinance.

(5) In any proceedings instituted under this section
against an officer, member or other person in respect of
any sum surcharged or balance certified by an auditor
appointed under this Ordinance upon audit of the books and
accounts of a society or branch to be due by the officer,
member or other person, the onus of proving the same to
have been due to any accidental or formal slip, error or
omission shall lie upon such officer, member or other person,
as the case may be.

89. (1) If any person wilfully makes, or causes to be
made, any entry, erasure in, or omission from a balance
sheet of a society or branch, or a return or document

85

Penalties
for falsifi-
cation, etc.
86

Mutilation,
ete., of

books, cards,

ete

Offences in
connection
with
elections.

Ch. 38. No. 2.] Friendly Societies

required to be sent, produced, or delivered, for the purposes
of this Ordinance with intent to falsify the same, or to evade
any of the provisions of this Ordinance, he shall be liable
to a fine of two hundred and forty dollars.

(2) Any officer or other person who makes any
material omission or omits to make any material entry
which by this Ordinance or the Regulations thereunder
or by the rules of a society or branch he is required to make
in any cash book, general ledger, blotter, statement showing
receipts and expe nditure, balance sheet, contribution card,
members’ register, account, record, return or other
document affecting or relating to the property or affairs
of a society or branch or to the benefits, rights or privileges
of a member thereof shall, unless he proves that he had no
intent to defraud, be guilty of an offence under this
Ordinance.

(3) If in any_ statement showing receipts and
expenditure, balance sheet, return, record, form, account
or other document required for the purposes of this
Ordinance any officer wilfully mi ikes a statement or entry
false in any material particular or knowing the same to
be untrue in any material particular, he shall, unless he
proves that he had no intent to defraud, be guilty of an
offence under this Ordinance.

90. If any person conceals, destroys, mutilates, alters or
falsifies any books, papers, securities, contribution cards,
receipts, births and deaths certificates or other documents
affecting, belonging or relating to a society or branch or
makes or is privy to the making of any false or fraudulent
entry in any register, book, contribution card, paper or
other document, affecting, belonging or relating to the
property or affairs of a society or branch with intent to
defraud or deceive the society or branch or any person
he shall be lable, on summary conviction, to imprisonment
for six months or to a penalty of two hundred and forty
dollars.

91. Any person who for purposes of or in connection
with an election--
(a) fabricates in whole or in part or alters, defaces,
destroys, abstracts or purloins any voting paper; or
Friendly Socteties. [Ch. 38. No. 2.

(6) personates any person entitled to vote at any
election; or

(c) falsely assumes to act in the name or on behalf
of any person so entitled to vote; or

(d) wilfully obstructs or hinders the enumeration of
those voting or interferes with the delivery or collection
of any voting papers; or

(e) delivers any voting paper under a false pretence
of being lawfully authorised so to do; or

(f) not being a financial member of the society or
branch and entitled to vote at any election, knowingly
votes thereat,

shall be liable on summary conviction to a penalty of two
hundred and forty dollars, or, in the discretion of the
court, to imprisonment with or without hard labour for six
months,

92. The following persons shall be deemed guilty of
bribery within the meaning of this Ordinance

(i) Every person who, directly or indireetly, by
himself or by any other person on his behalf, gives,
lends, or agrees to give or lend, or offers, promises,
or promises to procure or to endeavour to procure
any money or valuable consideration to or for any
member of a society or branch, or to or for any person
on behalf of any member of a society or branch,
or to or for any other person in order to induce any
member of a society or branch to vote or refrain
from voting at any election, or corruptly does any such
act as aforesaid on account of any member of a society
or branch having voted or refrained from voting at
any election.

(ii) Every person who, directly or indirectly, by
himself or by any other person on his behalf, makes
any gift, loan, offer, promise, procurement or agree-
ment to or for any person, in order to induce such
person to procure, or endeavour to procure, the return
of any person as an elected officer of a committee,
or the vote of any member of a society or branch
at any election.

(1) Every person who, before, during, or after any

87

Detinition
of bribery,
88

Detinition

of treating,

Definition
of undue
influence.

Ch. 38. No. 2.] Friendly Societies.

election, directly or indirectly, by himself or by any
other person in his behalf, receives, agrees, or contracts
for any money, eift, loan or valuable consideration,
office, place, or employment for himself or for any
other person, for voting or agrecing to vote, or for
refraining or agreeing to refrain from voting at any
election.

93. The following persons shall be deemed guilty of
treating within the meaning of this Ordinance—-

(i) Every person who corruptly, by himself or by
any other person, either before, during, or after an
election, directly or indirectly, gives, or provides or
pays wholly or in part the expense of giving or
providing any food, drink, entertainment, or pro-
vision to or for any person for the purpose of corruptly
influencing that person, or any other person, to vote
or to refrain from voting at such election, or on account
of such person or any other person having voted or
refrained from voting at such election.

(ii) Every voter who corruptly accepts or takes any
such food, drink, entertainment, or provision.

(11) For the purposes of this section “ voter ’’? means
any person who votes at an election of an officer or
officers of a committee of management or other
directing body of a society or branch, held under the
provisions of this Ordinance.

94. Every person who, directly or indirectly, by himself
or by any other person on his behalf, makes use of or
threatens to make use of, any force, violence, or restraint,
or inflicts or threatens to inflict, by himself or by any other
person, any temporal or spiritual injury, damage, harm,
or loss upon or against any person, in order to induce or
compel such person to vote or refrain from voting or on
account of such person having voted or refrained from
voting at any election, or who by abduction, duress, or
any fraudulent contrivance, impedes or prevents the free
exercise of the vote of any member, or thereby compels,
induces, or prevails upon any member either to give or
refrain from giving his vote at any election, shall be guilty
of undue influence within the meaning of this Ordinance.
Friendly Socteties. [Ch. 38. No. 2.

95. Every person who is guilty of bribery, treating or
undue influence, under the provisions of this Ordinance
shall, on summary conviction thereof, be liable to imprison-
ment for a term not exceeding six months or to a fine of
four hundred and eighty dollars.

96. Every person who is convicted of bribery, treating, or
undue influence, shall (in addition to any other punishment)
be incapable during a period of seven years from the date of
conviction—

(a) of voting at any election of officers;

(0) of being elected an officer of the committee of
management or other directing body of a society
or branch, or if elected before his conviction, of
retaining his seat as such officer.

97. A society or branch, and an officer or member of a
society or branch, or other person guilty of an offence under
this Ordinance for which a penalty is not expressly provided
shall be liable to a fine of one hundred and twenty dollars.

98. If an officer or person aids or abets in the amalgama-
tion or transfer of engagements or in the dissolution of a
friendly society otherwise than as in this Ordinance
provided, he shall be liable to the penalty imposed by this
Ordinance for offences thereunder, or to be imprisoned
with hard labour for three months.

99. (1) Unless otherwise expressly provided, all offences
under this Ordinance may be prosecuted, and all penalties
imposed by this Ordinance or by any regulations thereunder,
or by the rules of a society or branch, may be recovered in
the manner provided by the Summary Courts Ordinance.

(2) Save as otherwise herein provided any such
penalty shall be recoverable at the suit of the Registrar or
of any person authorised in writing by the Registrar or
of any person aggrieved.

100. In every case where no time is specially limited for
making a complairit' for an offence under this Ordinance,
such complaint shall be made within four years from the

89

Penalty for
bribery,
treating or
undue
influence.

Disqualifica-
tion for
bribery, etc.

Penalty for
ordinary
offences.

Special
offences in
the case of
friendly
societies.

Recovery of
penalties.

Limitation,
Legal
proceedings.

Ch. 38. No. 2.] Friendly Socteties.

time when the matter of such complaint arose, and not
after.

101. (1) The trustees of a society or branch, or any other
officers authorised by the rules thereof, may bring or defend,
or cause to be brought or defended, any action or other legal
proceedings in any court whatsoever, touching or con-
cerning any property, right, or claim of the society or
branch, and may sue and be sued in their proper names,
without other description than the title of their office.

(2) In legal proceedings brought under _ this
Ordinance by a member, or person claiming through a
member, a society or branch may also be sued in the name,
as defendant, of any officer or person who receives contri-
butions or issues policies on behalf of the society or branch
within the jurisdiction of the court in which the legal
proceedings is brought, with the addition of the words
‘on behalf of the society or branch ”’ (naming the same).

(3) Legal proceedings shall not abate or be dis-
continued by the death, resignation, or removal from office
of any officer or by any act of any such officer after the
commencement of the proceedings.

(4) The summons, writ, process, or other pro-
ceeding to be issued to or against the officer or other person
sued on behalf of a registered society or branch, shall be
sufficiently served by personally serving that officer or
other person, or by leaving a true copy thereof at the
registered office of the society or branch, or at any place of
business of the society or branch within the jurisdiction
of the court in which the proceeding is brought, or, if that
office or place of business is closed, by posting the copy
on the outer door of that office or place of business.

(5) In all cases where the said summons, writ,
process, or other proceeding is not served by means of such
personal service or by leaving a true copy thereof at the
registered office of the society or branch as aforesaid, a
copy thereof shall be sent in a registered letter addressed
to the committee at the registered office of the society or
branch, and posted at least fourteen days before any further
step is taken on the proceeding.
Friendly Socteties. [Ch. 38. No. 2.

(6) Where proceedings are taken against a society or
branch for the recovery of any penalty under this Ordinance,
the summons or other process shall be sufficiently served
by leaving a true copy thereof at the registered office of
the society or branch, or at any place of business of the
society or branch, within the jurisdiction of the court in
which the proceeding is brought, or, if that office or place
of business is closed, by posting the copy on the outer
door of that office or place of business.

(7) Where the person against whom the proceedings
are to be taken is himself a trustee of a society or branch, the
proceedings may be brought by the other trustees or trustee
of the society or branch.

ADVISORY FRIENDLY SOCIETIES COUNCIL.

102. (1) There is hereby established an Advisory Friendly
Societies Council (herein referred to as the “ Advisory
Council ”’) to consist of the Registrar as Chairman and eight
members to be appointed by the Governor in Council.
The eight members appointed shall be selected from persons
interested in and familiar with matters pertaining to societies
in urban or rural areas.

(2) The Governor shall appoint from among the
members of the Advisory Council a Vice-Chairman who shall
hold office during the Governor’s pleasure. The Vice-
Chairman shall officiate as Chairman in the absence of
the Chairman. In the absence of the Chairman and Vice-
Chairman, the members then present may appoint one of
their number as Chairman. Every meeting of the Advisory
Council shall be presided over by the Chairman. The
decisions of the Advisory Council shall be by a majority of
votes. The person so presiding shall vote as a member of
the Advisory Council, and shall if there is an equal division
on any question, also have a casting vote.

(3) Every member of the Advisory Council shall,
unless he sooner dies, or sooner resigns his office by notice
in writing to the Registrar, hold office for two years from
the date of his appointment, but shall be eligible for re-
appointment from time to time.

In the event of a member dying or sooner resigning his

91

Constitution
of Advisory
Council.
92 Ch. 38. No. 2.] Friendly Socteties.



office the Registrar shall notify the Colonial Secretary in
writing to such effect.

(4) If a vacancy occurs in the Advisory Council the
vacancy shall be filled by the Governor in Council as soon
thereafter as is conveniently possible: Provided that, if
the vacancy is not filled, the acts of the remaining members
shall not be thereby invalidated so long as the number of
the remaining members shall not fall below five.

(5) Decisions of the Advisory Council may be taken
at meetings, or, in the cases in which the Chairman shall so
direct, by the recording of the opinions of members on
papers circulated among them.

(6) The quorum of the Advisory Council at any
meeting or for the purpose of voting on papers circulated
shall be five.

(7) The Advisory Council shall meet not less fre-
quently than six times a year and whenever the Chairman
or at least five of the members request a meeting. Each
member shall be allowed actual and necessary travelling
expenses in accordance with the Travelling Regulations for
public officers from time to time in force.

(8) The Governor may allow a member of the
Advisory Council to be absent on leave.

(9) The Governor may appoint any person to act in
the place of any member of the Advisory Council in case of
such member’s temporary absence or inability to act.

(10) Any member of the Advisory Council may at
any time by order of the Governor in Council be removed
from office and from the date of such order the member
named therein shall cease to be a member.

(11) The appointment, removal or resignation of any
member of the Advisory Council shall be notified in the
Royal Gazette.

Main 103. It shall be the main purpose of the Advisory Council
oe to promote the general welfare of the people of the Colony
Council. by encouraging the growth, development, improvement and

expansion of societies throughout the Colony.
Friendly Socteties. [Ch. 38. No. 2. 93

104. To carry out the objects of section 103 the Advisory Powers and

Cc j , 7 duties of
Council shall inter alia Navcore

(a2) encourage the development throughout the ©"
Colony of societies with adequate health services and
facilities ;

(b) co-operate with departments and other agencies,
associations, organisations, groups, and bodies, Govern-
ment or non-Government, public or private, function-
ing in the field of or concerned with social welfare,
insurance, labour, nursing, education, workmen’s com-
pensation, health or medical care;

(c) collect and analyse statistics and make studies,
investigations, and reports on conditions, problems
and needs in the field of health in the Colony and in
other countries in relation to societies, and disseminate
and make available information in this field;

(ad) make reports and recommendations with respect
to the most efficient policies and methods for the
promotion of health and related services as respects
the members of societies, including recommendations
with respect to legislation and matters of adminis-
trative policy;

(e) carry out such specific duties as may be entrusted
to it by this and any subsequent enactment of the
Legislature and exercise general supervision over the
agencies transferred to it; and

(f) make such provision for the holding of confer-
ences, the giving of lectures and talks and the publica-
tion of information on questions relating to societies
as it thinks necessary or desirable, and may, if it thinks
fit, for these purposes make arrangements with
departments, organisations, associations, groups or
other institutions.

105. (1) The Advisory Council shail also advise the Ancillary
Registrar with reference to questions affecting the general P“P°S*
policy, administration, management and operation of
societies, and in particular with respect to—

(a) the ensuring of prompt and efficient care of
members of societies entitled to benefits;
o4

Provision
for staff.

Exemption
trom estate
and succes-
sion duties.

Ch. 38. No. 2.] Friendly Societies.

(0) adequate and suitable methods and arrangements
for paying, supplying or providing benefits to members:

(c) the ensuring of adequate professional services to
members;

(d) other auxiliary, surgical, medical, dental, optical
and additional benefits designed to benefit or serve
members ;

(¢) providing for the extension and improvement of
juvenile societies ;

(f) studies and surveys of the lriendly Society
Movement from all aspects; and

(g) the medical care and aid of needy or distressed
members of societies:

Provided however, that no matter or question which is
or is likely to be the subject of a dispute, inquiry, investi-
gation, special inspection, audit, or other proceeding, under
the provisions of this Ordinance, or of an action, suit, claim
or judicial proceeding, civil or criminal, shall be investi-
gated or discussed by the Advisory Council.

(2) The Advisory Council shall exercise no juris-
diction, or control whatsoever over the Registrar or the
Office of the Registrar or over any society, nor shall any
decision by the Advisory Council affect the administration,
personnel or operation of any society.

106. The Advisory Council shall be provided by the
Registrar with such secretarial, clerical or other assistants
as the Legislature shall authorise each year for carrying out
the objects and functions of the Advisory Council.

GENERAL.

107. (1) Estate and succession duties shall not be
assessable or imposed upon or in respect of moneys payable
by a society or societies and their branches upon the death
of a member amounting in the aggregate to a sum of four
hundred and eighty dollars or under: and in ascertaining
the property passing on the death of a member of a society
or societies and their branches for the purposes of estate
and succession duties there shall be allowed a deduction up
to but not exceeding the sum of four hundred and eighty
dollars in respect of moneys so payable.
Fnendly Socteties. [Ch. 38. No. 2.

(2) Every society and branch shall at the end of each
quarter make a return on the prescribed form to the
Commissioner of Estate Duties of the names and addresses
of its deceased members in respect of whose death moneys
have been paid by the society or branch during such
quarter and of the respective amounts so paid and of the
name and address of the person or persons to whom the
same have been paid.

108. Notwithstanding anything to the contrary contained
in any Ordinance or law relating to friendly societies prior
hereto in force in this Colony, the insurance of any moneys
to be paid for the funeral expenses of persons other than the
husband, wife or child of a member, or of the widow of a
deceased member of any friendly society and payments
made and intended to be made by virtue of any insurance
effected under such Ordinance or law shall be held to be
good and valid in law for all intents and purposes.

109. Every society or branch shall keep in one or more
books a register of its members and it shall be the duty of the
secretary thereof to enter fairly and distinctly therein from
time to time the following particulars :—

(a) The names and addresses, and the occupations,
if any, of the members and in the case of insurance
and share holding societies a statement of the policy
or policies or of the share or shares held by each
member, distinguishing each policy or share by its
number, of the amount assured by each policy or the
value and class of each share and of the amount paid
or agreed to be considered as paid on the policy or
share of each member;

(b) the name of each person entered as a member, to
be consecutively numbered ;

(c) the date at which each person was admitted as a
member ;

(d) the date at which any person ceases to be a
member and the cause or reason therefor ;

(e) all payments made from time to time by every
member and the particulars thereof; and

(f) the names and addresses of the nominee or

nominees (if any) and the dependant or dependants 4

95

Validation
of certain
dependants
funeral
benefits.

Register
of members.

Register cf
nominees
and depen-
ants of
members.
A076)

Fees pay
able to

Registrar of

Births and
Deaths.

Evidence
of docu
ments,

Rooks to be
kept in
English,

Bonus.

Ch. 38. No. 2.] Friendly Socteties.

(if any) of every member and in the case of a dependant
or dependants his or their relationship to every such
member together with the date of the nomination
of such nominee or nominees and the date of regis-
tration of such dependant or dependants, and the age
or ages of such dependant or dependants.

110. (1) For the purpose of this Ordinance, a certificate
of the birth or death of any member of or person insured or
to be insured with a society or branch shall, on application
being made as in this Ordinance provided, be given under
his hi ind by the Registrar of Births and Deaths, for a sum
not exceeding twenty-four cents, in place of all fees or
payments otherwise payable in respect thereof.

(2) Whenever application is made at one time to any
such Registrar for more certificates than one of the same
birth or death for the purposes of and in the manner pres-
scribed by this Ordinance, the sum charged for every such
certificate other than the first shall not exceed twelve cents.

111. Every document purporting to be signed by the
Registrar, or any inspector, or auditor or \ ‘aluer under this
Ordinance, shall, in the absence of any evidence to the
contrary, be received in evidence without proof of the
signature,

112. The business and. affairs of societies and their
branches shall be conducted in the English language and all
books, forms, contribution cards, entries, accounts, certifi-
cates, or other documents relating thereto shall be written
and kept in the English language

113. (1) A society or branch shall if its rules so provide
have power in general meeting to declare once in every year
a bonus payable in cash to its members,

(2) No bonus shall be payable except out of the
excess of revenue over expenditure for the year in respect
of which bonus shall be declarable of a society or branch
and no bonus shall carry interest against the society or
branch.
Friendly Societies. [Ch. 38. No. 2.

(3) No bonus shall be declared, except in express
accordance with the rules of the society or branch and until
all the debts, actual and contingent, of the society or branch
have been paid or provided for, and after setting aside a
sum to meet all claims against the society or branch.

(4) No member of any society or branch shail be
entitled to bonus unless he shall have been a member of the
society or branch for a period of not less than fifty-two weeks
immediately prior to the date of the last meeting before the
end of the bonus year and shall also be clear on the books of
the society or branch at such time.

114. (1) (a) For the purposes of this section every society
or branch shall establish and maintain a Reserve Fund.

(0) Where a society or branch declares in any
year the payment of a bonus to members in respect of the
twelve months preceding such declaration of bonus, it shall
before such declaration set aside out of the excess of revenue
over expenditure for that period such sum or proportion
thereof as the society or branch may deem expedient being
a sum not less than five per cent. of such excess and shall
forthwith credit the same to the Reserve Fund.

(c) Where in any year a society or branch does
not declare a bonus it shall out of the excess of revenue over
expenditure in such year credit such Reserve Fund with a
sum not less than five per cent. of such excess.

(d) The Reserve Fund shall with the consent of
the Registrar be utilised in expenditure of any extra-
ordinary nature which may be necessary or desirable in
carrying out the objects of the society. The Reserve Fund
shall not be utilised, however, in paying a bonus or making
any payment whatsoever in the nature of a bonus.

(¢) All moneys accruing to the Reserve Fund
shall from time to time be invested by the society or branch
in manner provided by section 42 hereof. For the purposes
of investment under this section an investment shall not
include the lending out of moneys to members under the
provisions of this Ordinance.

(f) A society or branch may with the express
permission in writing of the Registrar at the end of every
five years calculated from the date on which this Ordinance

T.—VI. i

97

Establish-
ment of
Reserve
Fund.
Ch. 38. No. 2.] Friendly Soctettes.

shall come into effect or from the date of its registry, which-
ever is the later, apply any part of such Reserve Fund not
exceeding fifty per cent. of the amount at which such
Reserve Fund shall then stand for any of the objects or
purposes defined or established under the rules of the society
or branch save that no portion thereof shall be applied in
paying a bonus or in making any payment whatsoever in
the nature of a bonus.

(2) (a2) Where the business of a society or branch
includes the issuing of insurance policies or the providing for
an sneha nt of a member or the nominee of a member at
any age or the assuring of a certain annuity, such society
or bee inch shall in gener ral meeting, set aside in each year out
of its net profits as shown by the annual return of the soc iety
or branch to the preceding 31st of December such sum or
proportion thereof, as the society or branch may deem
expedient, not being less than thirty-three and one-third
per cent. of its net profits as aforesaid yearly for a period of
not less than three vears consecutively immediately
following the registration of such society or branch, and
thereafter such sum or proportion thereof not being less
than twenty per cent. of its net profits as aforesaid yearly,
to be accumulated as a reserve fund.

(0) The moneys comprised in such Reserve Fund
shall be deposited and kept deposited in an account in a
bank approved by the Registrar in the name or names of
the trustee or trustees of the society or branch and shall be
specifically appropriated: to meeting the liabilities of the
society or branch in respect of claims and demands arising
under or in connection with the aforesaid business of the
society or branch: Provided that such Reserve Fund or
part thereof may be invested by the trustee or trustees
as the case may be in securities or investments authorised
under this Ordinance and the interest accruing due on all
such securities or investments shall be paid directly to such
Reserve Fund and shall not be applied for any purposes
other than those to which the said Reserve Fund is
applicable.

(c) Every society or branch transacting such
business as aforesaid shall whenever it is intended to make a
distribution by way of bonus cause an investigation to be
made into its financial condition including a valuation of
Friendly Soctettes. [Ch. 38. No. 2.
its liabilities by an auditor approved by the Registrar and
shall before making any such distribution file with the
Registrar a report of such auditor approving or sanctioning
such distribution as aforesaid.

(d) The provisions of this subsection shall not
apply to societies existing at the commencement of this
Ordinance.

115. (1) The forms to be used for registry shall be those
contained in Part I of the Third Schedule to this Ordinance
or such other forms as may be prescribed.

(2) The acknowledgment of registry of a branch and
of any amendment of the ‘rules of a branch shall be in the
forms provided in Part I] of the same Schedule.

(3) Every annual or other return, questionnaire
relating to audit of books and accounts, statements showing
receipts and expenditure and balance sheet, annual return
relating to sickness and death benefits, annual return
relating to maternity, dental, optical and other benefits,
abstract or valuation, return in respect of estate and
succession duties, and other document or documents
required for the purposes of this Ordinance shall be made
in the forms respectively set forth in Part IIT of the said
Schedule or as near as may be having regard to the cir-
cumstances of the case and shall contain such particulars
as the Registrar may from time to time prescribe.

(4) A receipt under this Ordinance endorsed upon
or annexed to a mortgage or other assurance shall be in the
form set forth in Part V of the same Schedule, or in any
form specified in the rules of the society or branch or any
schedule thereto.

(5) Applications for certificates of births and deaths
under this Ordinance shall be in such form and under such
regulations as may be approved of by the Registrar General.

116. This Ordinance shall apply to societies and branches
subsisting at the commencement of this Ordinance, as if they
had been registered under this Ordinance, and the rules of
those societies and branches shall, so far as they are not
contrary to any express provision of this Ordinance, con-
tinue in force until altered or rescinded.

Forms,

Application
to existing
societies,

INIVERSITY OF FLOmibs

LAYY LIBRARY
VOL.NO.. sw”
100

Disposal of

fees.

Access tuo
documents.

Saving of
Registrar
from
personal
lability.

Regulations,

Ch. 38. No. 2.] Friendly Socteties.

117. All fees received by the Registrar under this Ordi-
nance shall be paid into the Treasury for the use of the
Colony.

118. The Director of Audit, the Accountant General and
the Administrator General shall at all times have free
access to documents and records in the office of the Registrar.

119. The Registrar shall not in his personal capacity nor
shall any other person acting under the provisions of this
Ordinance be liable to any action, suit or proceeding for or
in respect of any act or matter bona fide done or omitted to
be done under this Ordinance.

120. (1) The Governor in Council may make regulations
to carry out the purposes of this Ordinance. In particular
and without prejudice to the generality of the foregoing
power such regulations may—

(a) prescribe the duties and functions of the
Registrar ;

(b) prescribe provisions respecting registry and pro-
cedure under this Ordinance;

(c) prescribe the form and particulars of the register
of members of a society or branch, and register of
nominees and dependants of members;

(d) prescribe provisions respecting levies and the
form and particulars of a record to be kept of the
levies made by a society or branch;

(e) prescribe the accounts and books to be kept by a
society or branch and provide for the audit of such
accounts and other matters affecting the same, and
the fees for such audit, and prescribe the duties,
functions, powers and authorities to be assigned to
auditors ;

(f) prescribe the duties of the committee of manage-
ment respecting the operation of a loan fund with
provision for the due recovery of loans;

(g) prescribe provisions relating to management and
administration, and for a half-yearly inspection and
administration report by every committee of manage-
ment ;
Friendly Soctettes. [Ch. 38. No. 2.



(h) provide for the payment of, and other matters
affecting, bonus moneys, and prescribe the mode of
recording such payments and the form and particulars
relating thereto; and provide for the payment of
extra remuneration or allowances to be paid to officers
and members in respect of duties appertaining to or
connected with the payment of bonus moneys;

(i) provide for the safe keeping and recording of
securities held by the trustees of societies and branches;
and prescribe provisions relating to certificates to
be given by trustees at certain times;

(j) prescribe for the keeping of a rent-roll by a society
or branch owning or holding property, and the form
and particulars thereof;

(k) prescribe a scale of fees to be paid for matters to
be transacted or for the inspection of documents
under this Ordinance, and the fees to be paid in
respect of any act, matter or thing done or required to
be done under the provisions of this Ordinance;

(1) prescribe procedure with respect to voting at
meetings of societies and provisions relating to meetings
generally ;

(m) provide for matters incidental to the payment
and collection of contributions and dues by the
members of societies and branches and for the form,
issue, sale, custody, production, and delivery up of
contribution cards and re-issue of any which have
been lost, destroyed, or defaced and for the penalties
to be imposed for contravention or non-observance
of any regulations relating thereto;

(n) prescribe the amount of security to be given
by officers having receipt or charge of money and their
sureties and the forms and attestation of bonds to
be given by such officers ;

(0) prescribe provisions for the keeping of an annual
account of the anniversary expenses of societies;

(p) prescribe provisions relating to nominations by
members;

(q) prescribe for the keeping of a record of benefits
paid to members and the form and particulars thereof;

101
Ch. 38. No. 2.] Friendly Societies.

(r) prescribe provisions for the control of the
funeral expenses of members;

(s) prescribe provisions for the reduction of benefits
in certain circumstances ;

(f) prescribe provisions touching the rights, privileges
and status of pensioners ;

(uw) prescribe provisions for the examination of
members of societies and branches;

(v) prescribe allowances in respect of vacation and
sick leave to officers and members of the committee
of management and grants to be made to officers
with long service upon retirement ;

(w) prescribe the form and particulars of the
quarterly return to be made by every society and

branch to the Commissioner of Estate Duties under
section 107 (2);

(x) prescribe provisions relating to inspections and
enquiries under this Ordinance ;

(v) prescribe in respect of societies which carry on
or intend to carry on within the Colony assurance
business of any of the following classes:

(a) life assurance business; that is to say, the
issue of, or the undertaking of lability under,
policies of assurance or otherwise as in their
rules provided, upon human life or the granting
of annuities upon human life;

wa fire insurance business; that is to say, the issue
of, or the undertaking of liability under, policies
of insurance or otherwise as in their rules pro-
vided, against loss by or incidental to fire;

subject as respects any class of assurance business to
the special provisions of this Ordinance relating to
business of that class, regulations relating to

(i) A deposit of money or securities to be made
by every such society.

(ii) The separation of funds and of accounts in
respect. of the assurance business or of each
class of assurance business to be carried on by
every such society.
Friendly Societies, _ (Ch. 38. _No. 2.
(ii) Actuarial or other satisfactory reports and
abstracts to be made from time to time.
(iv) Amalgamation or transfer;

(z) prescribe penalties not exceeding one hundred
and twenty dollars for breaches of the said regula-
tions; and

(aa) provide for any matters which are authorised
by this Ordinance to be prescribed ;

(6b) provide for the extension of the services and
facilities of Colonial and District hospitals adminis-
tering services related to health to the members of
friendly societies and arrangements under which the
same shall be extended;

(cc) prescribe the terms and conditions under which
the members of friendly societies shall be entitled
to medical and surgical care and treatment in Colonial
and District hospit: us including specialist and con-
sultant services, and arrangements under which friendly
societies may subscribe and pay for the provision of
such services;

(dd) provide for co-operation and working agree-
ments as respects the utilisation of health services and
facilities by and between friendly societies, the Director
of Medical Services and the Registrar.

(2) Regulations made under this Ordinance shall
have no force or effect until they have been approved by
the Legislative Council and shall have been published in
the Roval Gazette.

121. Until amended, varied, rescinded or revoked in the
manner respectively provided under this Ordinance, the
regulations contained in the Second Schedule, the forms,
returns, records and accounts set out in the Third Schedule
and the fees specified in the Fourth Schedule shall be in
force and effect.

[SCHEDULES.

103

Validity of

, regulations,

forms, etc.
104

(Section 7.)

Ch. 38. No. 2.] Friendly Societies.

1.
2.

3.



SCHEDULES.

FIRST SCHEDULE.

Matters to be Provided for by the Rules of Societies
Registered under this Ordinance.

The name and place of office of the society.
(a) The whole of the objects for which the society is to be
established.
(b) The purposes for which the funds thereof shall be applicable.
(c) The terms of admission of members.

(d) The conditions under which any member may become entitled
to any benefit assured thereby, and the contributions payable by
each member which shall not be less than twelve cents per week;
except with the permission of the Registrar.

(ce) The fines and forfeitures to be imposed on any member.

(f) The consequences of non-payment of any subscription, levy
or fine.

(g) The suspension and expulsion of members.

The mode of holding meetings and right of voting, and the manner

of making, altering, or rescinding rules.

4,

5.

(a) The appointment and removal of a committee of management
(by whatever name), of trustees, of a secretary, a treasurer, and
other officers (if any).

(b) The remuneration (including salary) payable to the members
of the committee of management, to the trustees, to the secretary,
the treasurer, and other officers.

(c) The remuneration so payable as aforesaid shall not include
exemption from payment of subscriptions, levies or fines payable
by members as prescribed by the rules, except in the case of trustees
who may be exempted from the payment of subscriptions and levies
when they receive no other remuneration for their services.

(d) Members of the committee of management, the treasurer or
other officer not in receipt of a salary or other remuneration, or
trustees not exempt from payment of subscriptions and/or levies,
may each receive as remuneration for attendance at each meeting
(other than a general meeting) a sum not exceeding one dollar for
each such attendance, but not exceeding three dollars in any one
month.

In the case of a society with branches, the composition and powers

of the central body, and the conditions under which a branch may secede
from the society.

6.

(a) The duties and obligations of officers having receipt or charge
of money of a society or branch and the keeping of the accounts.

(2) The obligation on the part of the secretary to receive all moneys
Friendly Societies. [Ch. 38. No. 2.

105



payable to a society or branch and to issue receipts for, and pay the
same to the treasurer. The treasurer to pay out all moneys payable
by the society and obtain proper receipts or other acquittances for
such payment. The treasurer to be held responsible for all such
financial transactions and to account to the committee of manage-
ment in the manner prescribed by section 51 of the Ordinance.

7. Annual returns to the Registrar of the receipts, funds, investments,
effects, and expenditure and number of members, of the society.

8. The inspection of the books of the society by every person having
an interest in the funds of the society.

9, The manner in which disputes shall be settled without prejudice to
the jurisdiction conferred upon the Registrar by section 63 of the
Ordinance.

10. Provision may be made for the imposition of a levy on each member
of the society to be applied towards the cost of its anniversary celebration,
the amount of such levy to be fixed by the committee of management and
agreed to by the general body and not to exceed sixty cents.

11. In case of dividing societies, a provision for meeting all claims
upon the society existing at the time of division before any such division
takes place.

12. The keeping of separate accounts of all moneys received or paid on
account of every particular fund or benefit assured for which a separate
table of contributions payable shall have been adopted, and the keeping
of separate accounts of the expenses of management, and of all contribu-
tions on account thereof.

13. A valuation once in every five years when required by the Registrar
of the assets and liabilities of the society, including the estimated risks
and contributions.

14. The voluntary dissolution of a society by consent of not less than
three-fourths in value of the members, and of every person for the time
being entitled to any benefit from the funds of the society, unless his
claim be first satisfied or adequately provided for in accordance with
paragraph (c) of subsection (1) of section 77 of the Ordinance.

15. The right of one-fifth of the total number of members, or of one
hundred members in the case of a society of one thousand members and
not exceeding ten thousand, or of five hundred members in the case of a
society of more than ten thousand members, to apply to the Registrar for
an investigation of the affairs of the society, or for winding up the same
in accordance with section 79 of the Ordinance.

16. Provisions shall be made—

(a) that the subscriptions (except levies) payable by every member
who has maintained his membership for an unbroken period of
twenty years in the society or branch shall not exceed one-half of
the subscriptions payable by a member; and

(0) that no subscriptions or levies of any kind whatsoever, shall
106

(Section 121)

Ch. 38. No. 2.] Friendly Societies,

be payable by a member who has maintained his membership for
an unbroken period of thirty years in the society or branch:
Provided that no pensioner or member whose subscriptions are waived
under paragraph ()) of this provision shall be paid bonus or other moneys
in the nature thereof:
Provided further than no waiver of subscriptions under paragraph (0)
hereof shall apply to members under the age of 50 years.
17. The foregoing provisions numbered 13 and 16 shall apply only to
friendly societies and those numbered 12, I and 15 shall apply only to
friendly societies and cattle insurance societies,

SECOND SCHEDULE.
Regulations made under the Friendly Societies Ordinance.

INDEX TO REGULATIONS,
REGULATION

Accounts Pn a a - oe ie a we 7-15
Anniversary Expenses vee wee vee aan ue vee 68
Appeals to a Judge... vee oe ie os (3 O
Applications to Magistrate 7 ns es Le we «2
Audit... - ie ate _ ee - _ .. +761
Bonds... Lee a _ _ - - _ . §=09-71
Bonus... oe _ - _ i wee ror 10-20
Contribution Cards... _ as Lee - ae we 42645
Definitions - _ wee wee i - a _ 1
Deposit of Securities ... Lee vee aon vee vee . 29
Discipline on Lee an a os as we AO
Forms, Returns, ete. ... wee aon Lee a Le .. 8b
Funeral Expenses... nas wee ae i .. 75-70
Grants to Retiring Officers... oe ua bee ve .. 5
Inspections and Enquiries... oa wes wes cae we 78
Levies... a a ee a wee oe we . 62-605
Loan Fund a vee os oe ro wee Lee we. 25-28
Meetings woe we ove wee ay _ oe wo 21-24
Nominations... ve aan vee wee ve oe we TA
Pensioners wee os os wee ie wee _ w. 79-82
Reduction of Benetits _ or _ wee w. 72-73
Rent Roll wee - a ee on or wee w. §666
Right of Examination of Members ... _ _ Lee . 77
Trustees’ Certificates ... bee _ _ oe ae w. 67

Vacation and Sick Leave —... waa a oe wee v. 83-84
Voting at Elections... - a a oe tae we 30-41
Friendly Societies. |Ch. 38. No. 2.

REGULATIONS,
Short Title and Definitions,
1, (t) These Regulations may be cited as the Friendly Societies
Regulations.

(2) In these Regulations—

“the Ordinance"? means the Friendly Societies Ordinance, and
any Ordinance amending the same;

‘secretary "" includes any officer appointed under the rules of a
society or branch to assist the secretary ino the discharge of his
duties:

“auditor includes every person appointed under the provisions
of the Ordinance to audit, examine, verify, surcharge, allow or
disallow the accounts of a society or branch,

Applications to Magistrates.
2. All applications for the approval by a Magistrate of the cancellation
of the registry of a society under section 76 (1) (a) of the Ordinance, shall
be made in the form numbered 29 in the Third Schedule hereto,

Appeals toa Judge.

3. Appeals to a Judge under section LO (1), U1 (3), 17 (2) and 76 (8) of
the Ordinance shall be brought in the Supreme Court by the party or
society affected, and) shall be commenced by Originating Summons
returnable before a Judge sitting in Chambers; such summons shall be
taken out within thirty days of the decision of the Registrar in cases
under sections 10 (1) and 11 (3), of the refusal of the officer of the society
concerned in cases under section 17 (2), and of the date of the Royal
Gazette in which the advertisement of the dissolution or suspension of
registry of a society appears in cases under section 76 (8). The Rules
of the Supreme Court from time to time in force shall (except in and so
far as otherwise provided by these Regulations) apply to all proceedings
inany such appeal.

4. The summons shall be headed with a reference to the Ordinance, and
also with a reference to the decision of the Registrar or Magistrate or
officer of the society which is appealed against, and shall contain a
concise statement of the grounds of the appeal, and no grounds other
than those comprised in such statement shall be allowed to be taken by
the appellant at the hearing of the summons.

5. The summons shall be served on the Registrar (save in the case of
an appeal under section 17 (2) when service shall be effected on the officer
of the society refusing or omitting to grant a certificate of secession or
expulsion) not less than fourteen days before the date on which it is made
returnable, and the Judge may at the hearing or adjourned hearing of
the summons direct that the same may be served on any other person or
persons that the Judge may think proper.

6. In all proceedings on any such appeal the costs of and incidental
thereto, including the costs of and incidental to any proceedings before
the Registrar or Magistrate, shall be in the discretion of the Judge.

107
108

Ch. 38. No. 2.] Friendly Socteties.



Accounts.

7. The committee of management of every society and branch shall
cause proper books of account to be kept, including a blotter, cash books
for both the secretary and the treasurer, a register of members, a record
of benefits paid to members and a general ledger so arranged as to exhibit
on one side all the sums at the debit of the account of each particular
fund or benefit assured by the society and on the other all the sums at
the credit of each account.

8. The committee of management of every society or branch shall file
with the Registrar half-yearly an inspection and administration report to
be signed by every member thereof as to his having personally inspected
the books and accounts, funds and effects of the society or branch and
as to the same having been found to be correct and in order or otherwise
as the case may be. Such report shall be in the form numbered 21 set
out in Part IV of the Third Schedule to the Ordinance or as near as may
be, as the circumstances of the case shall require.

9. The annual Balance Sheet of every society and branch shall contain
a statement ‘as to the amount carried to the Reserve Fund established
under section 114 of the Ordinance during the year under review.

10. Proper vouchers shall be obtained for every payment. Every
receipt given by an illiterate, infirm or other person incapable of writing
to a society or branch in respect of money payable under or by virtue of
its rules or of the Ordinance for a benefit arising out of the death of a
member or any other person shall be witnessed by a Justice of the Peace,
RBarrister-at-law, Solicitor, Medical Practitioner, Minister of religion or a
member of the Trinidad and Tobago Police Force not below the rank
of corporal.

11. The following provisions shall be observed in every society and
branch :—

(a) All cash balances must be paid into the bank on the last day
of the period to be reviewed.

(b) The books shall be balanced and the statements for audit
prepared in duplicate prior to the handing over of the accounts to
the auditor. The Secretary shall sign the receipts and expenditure
account and Balance Sheet before they are submitted to the auditor.

(c) For the purpose of audit all vouchers of payment shall be
arranged in the order of the dates of entries made in the treasurer’s
cash book of the year to be reviewed.

(d) All bankers’ Pass Books, made up to the end of the period
under review, must be at hand at the time of audit.

(ec) The funds of the society or branch shall be invested in strict
accordance with the provisions of the Friendly Societies Ordinance.
The investment of moneys on notes of hand and other personal
securities is not legal.

(f) The funds of a society or branch shall not be employed or used
for promoting excursions, or in almsgiving, donations to public causes
or funds except in accordance with the provisions of section 35 of
the Ordinance, or to officers or members, or for rallies, dances,
Friendly Socteties. [Ch. 38. No. 2.

balls, concerts, or other social occasions or enterprises. The said
funds shall only be used in furthering the objects of a society or
branch and not otherwise.

(g) The funds of a society or branch shall not be used for furnishing
refreshments for the general body or officers and members of the
committee of management save that a sum not exceeding seventy-
two cents may be expended monthly in providing ice for the use of
the officers and members of the committee of management in session.

(hk) The financial year of every society and branch shall end on
the last day of December.

12. If at any time it appears to the Registrar that in the return prepared
and delivered to him under section 26 of the Ordinance the value placed
by any society or branch upon the real property owned by it or any
parcel thereof is too great, or too small, or that the value of any other
investments of the funds therein stated is greater or less than the value
of the investments shown on the return, he may either require such
society or branch to secure an appraisement of such real estate or such
security by some competent valuator, or may himself procure such
appraisement at the expense of the society or branch, and the appraised
value, if it varies materially from the return made by the society or
branch, may be substituted therefor.

13. If, at any time, it appears to the Registrar that the accounts of a
society or branch are not kept in such a manner as to show correctly the
state and condition of the society or branch as required under the
Ordinance the Registrar may nominate an auditor or accountant to give
such instructions as will enable the officers of the society or branch to
keep the accounts correctly thereafter and the cost thereof shall be borne
by the society or branch.

14. If the Registrar, upon inquiry or other examination, or from the
Returns, or from the special report of an auditor, or upon other evidence,
finds that the receipts and funds of a society or branch are insufficient to
justify the continuance of the current expenses of management and
administration or of any other expenses, or that the rates of salaries or
other allowances paid to its officers and members are excessive, unfairly
discriminatory, or otherwise unreasonable, he may call upon the society
or branch to reduce the whole or any item thereof and may fix a limit
therefor which shall in no case be exceeded until further direction from him.

15. Once in every year, not later than the 31st of March, a schedule of
all investments and property, real and personal, of, belonging or mortgaged
to a society or branch showing the value thereof, as at the preceding
31st of December, and the rents, profits or interest arising annually there-
on, shall be prepared and signed by the secretary and checked and
countersigned by the trustees and hung up in a conspicuous place at the
registered office of the society or branch or laid on the table of the
secretary for inspection of members, for the space of two months or during
at least four consecutive meetings of the society or branch, whichever is
the less. A copy of every such annual schedule in respect of the year
under review shall be produced by the secretary to the auditor at the
annual audit of the society or branch.

109
ca

Ch. 38. No. 2.] Friendly Societies.

Bonus.
16. No bonus or payment in the nature thereof shall be paid or made
out of the Reserve Fund of a society or branch established under
section 114 of the Ordinance.

17. In the case of a society or branch whose rules provide for the
payment of bonus annually to its members the committee of management
shall depute yearly such officers and members, as it may think fit, to
draw up and prepare the bonus list of the society or branch and pay
the amounts respectively payable to members therein appearing. For
the due and proper fulfilment of such duties there shall be allowed to the
officers and members deputed as aforesaid allowances on the moneys so
paid out at the rates following :—

2 per centum on the amount distributed up to $5,000
1 per centum on the next $5,000 or any part thereof
4 per centum on any additional amount.

The allowances herein provided shall be based on the aggregate of the
net amount paid out and shall be divisible among such officers and
members in such proportions as the committee of management shall
decide.

18. Where by the rules of a society or branch provision is made for the
payment of bonus to members the annual bonus list shall be prepared in
the forms set out in Part IV of the Third Schedule to the Ordinance and
shall contain a statement as to the bonus declared by the society or branch
for the year under reference, the registered number of and name of
every member entitled to bonus under the rules of the society or branch,
the deductions to be made, if any, against every such member respec tively,
the balance or amount individue ully receivable by every such member,
and his receipt therefor, the aggregate amount paid out as bonus for the
said year, and a certificate signed at the foot or end thereof by the officers
and members deputed by the committee to execute the said payments
that the same have been duly and truly effected. The mark or signature
of an illiterate person in receipt of bonus shall be witnessed by an
independent person. Every person receiving bonus shall produce his
or her current contribution card for stamping.

The treasurer of every society and branch shall lay the last bonus
ee ve the society or branch duly certified by the officers and members
required, on his table for the inspection of members for the space of two
months or during at least four consecutive meetings of the society or
branch, whichever is the less, following payment thereof.

20. No officer or servant of a society or branch shall draw or receive any
bonus for or on behalf of a member of the society or branch except at
the express desire in writing of the member or on production of the
member’s card.

Meetings.

21. Every society shall cause full and proper minutes of all proceedings
of its general and special meetings and of all committee meetings to be
entered in a book or books kept for the purpose.
Friendly Societies. [Ch. 38. No. 2.

22. Notwithstanding anything in the rules of a society or branch to
the contrary no meeting of any kind whatsoever shall take place or
continue, and no subscriptions, levies or fines or other moneys shall be
paid into the funds of a society or branch or to any officer thereof, between
the hours of eleven o’clock in the night and six o'clock of the following
morning.

23. It shall not be necessary to give or serve notice of any general or
regular meeting, the time or times for the holding of which are specifically
stated in the rules of a society or branch, upon any member respectively
thereof, anything to the contrary in the rules or constitution of the society
or branch notwithstanding.

24. Notice of a special meeting of a society or branch shall be deemed
to have been given or served upon every member of the society or branch
if a notification thereof be stuck up in a conspicuous place in the
registered office of the society or branch, as the case may be, for at least
fourteen clear days previous to such special meeting, or in the alternative,
if notice thereof be published once a week in a daily newspaper circulating
in the Colony during at least two consecutive weeks immediately prior to
such special meeting, anything to the contrary in the rules or constitution
of the society or branch notwithstanding.

Loan Fund.

25. The committee of management shall present yearly to the general
body in general meeting a statement of accounts with respect to the
operation of the society’s loan fund, if any, showing the loans outstanding,
deposits on hand, a report as to the instalments or repayments due and
unpaid, the action proposed to be taken in each case and a general review
of the operation of the said fund.

20. Notwithstanding the functions or powers of any other committee
under the rules of a society the committee of management shall satisfy
itself that the provisions of the Ordinance, and of any regulations
thereunder, and all rules relating to the operation of a loan fund, have
been complied with, and shall consider whether there has been any
alteration in the status of any borrower or his sureties, if any, which would
justify special action being taken for the termination of any loan.

27. If the loan be repayable by instalments the borrower shall be
supplied with a card or book (for which he shall pay a sum not exceeding
six cents) in which shall be recorded the amount and the terms of the
loan and in which the instalments repaid shall be entered and intialled
by the officer to whom the money is paid.

28. Except in the cases where the committee of management renews
promissory note at maturity so soon as the debt or moneys due in
respect of any loan made from a loan fund shall become due and payable
by a member to a society, the committee of management shall, except
or good cause, forthwith take all reasonable and necessary steps to sue
-or recovery and receive such debt or moneys and all interest due thereon
-ogether with all legal, usual and customary costs, charges and expenses.

111
112

Ch. 38. No. 2.] Friendly Societies.



Deposit of Securities.

29, Except the Registrar shall otherwise order, the trustees of every
society or branch shall deposit any securities, Crown Grants and other
muniments of title held by them relating to the society or branch or to
the property of the society or branch in the aggregate exceeding the value
of five thousand dollars with any banker or banking company or any
other company whose business includes the undertaking of the safe
custody or control of documents, and any sum payable in respect of
such deposit shall be paid out of the funds of the society or branch.

Voting at Elections.

30. Every financial member of a society or branch shall at any meeting
held for the election of an officer or officers on production of his current
contribution card, be furnished with a voting slip, if the chairman thinks
it necessary, at the registered office or other place of meeting where the
election is to take place.

31. At all meetings of a society or branch voting shall be by ballot or
show of hands as required by the rules of the society or branch:

Provided that, where the rules are silent, the majority of financial
members present shall determine which of such methods shall be followed.
Only financial members present and entitled to vote under the rules of
the society or branch may vote. No member shall vote for more than
one candidate for one office. A member shall in no circumstances

whatsoever vote by proxy.

32. Not more than one office may be voted for at one time. Officers
shall not be elected en bloc save in the case of the election to office of the
entire committee of management by acclamation, that is to say, without
any dissentient vote or protest.

33. Except in the case of the office of trustee, no person shall be a
candidate for any office unless he shall be a financial member of the
society or branch.

34. No candidate shall be submitted for election except his proposer
and seconder are both financial members of the society or branch.

35. No member may propose or second more than one person for
one office.

36. No member may preside at his own election or re-election to office.

37. (1) Two or more tellers, as the case may be, shall be appointed by
the chairman for the purpose of counting the votes.

(2) If the chairman thinks it necessary, votes may be counted in
groups, that is to say, those supporting candidate A may be collected
into one group; those supporting candidate B may be collected in
another group, and so on, with the formation of as many groups as there
are candidates.

38. A member under the age of 21 years shall not hold an elective office
in a society or branch.
Friendly Socteties. [Ch. 38. No. 2.

39. Probationary members, that is to say, members who have not yet
qualified for benefits, are not eligible for office.

40. In the event of the failure of an election in respect of any office,
those previously appointed shall continue in office pending the holding
of a valid election as respects such office. Every officer shall remain in
office until the installation of his successor.

41. Where the rules of a society or branch are silent retiring members
shall be eligible for re-election.

Contribution Cards.

42. The committee of management of every society and branch shall
issue to every member a contribution card in the prescribed form, and it
shall be the duty of the secretary to enter thereon from time to time all
payments made by the member in respect of entrance fee, monthly or
weekly contributions, as the case may be, anniversary, subscription,
levies, dues, fines, arrears and other payments made under the rules of
the society or branch. Every entry shall be initialled by the secretary.
Every card shall contain the necessary columns to provide for all the
above entries from the Ist day of January to the 31st day of December in
any one year. No card shall be issued to a member unless and until it is
signed by the secretary and the president.

43. Every card whenever issued shall be returned to the secretary as
soon as possible after the 31st day of December of the year of its issue but
in no event later than the 31st day of January of the year following its
issue, and no card for the following year shall be issued to a member
until he shall have returned his card for the previous year or satisfactorily
accounted for its loss. It shall be the duty of the secretary to furnish
the committee of management with a list of those members who have
failed to return their cards by the 31st of January as required hereunder
and the committee of management of a society shall enquire into the
reason or reasons for the non-return of every card not on the said list,
and may impose a fine not exceeding one dollar and twenty cents on any
member of the society who has failed so to return his card.

44. All cards returned by members shall be kept by the secretary and
submitted for audit along with the said list showing the action taken
in each case by the committee of managment as respects those members
who have failed to return their cards as hereunder provided.

45. It shall be the duty of the secretary of every society or branch to
supply the auditor for the purposes of the annual audit with a certified
list of the amount of contributions, dues, levies, and fines in arrear as
respects every individual member in respect of every particular fund for
the year under review; and it shall be the duty of the auditor to check
and verify the items therein appearing with the register of members and
contribution cards of the society or branch.

Discipline.
46. Every society and branch shall under its rules have full power
and authority to enforce discipline among its members and obedience to
its said rules and to expel or otherwise discipline its members:

T.—VI. 8

113


114

Ch. 38. No. 2.] Friendly Socteties.

Provided that notwithstanding anything to the contrary contained in
the rules of a society or branch a member shall be entitled to be fully
informed of any charges against him, with the opportunity to be heard
in his own defence, before he can lawfully be suspended or deprived
of membership.

Audit.

47. The accounts of every society and branch shall close on the
31st day of December in every year, and shall be submitted together with
vouchers, receipts, and all other supporting documents not later than the
31st day of May in each year to audit at the cost and charge of the society
or branch to a person nominated by the Governor.

48, (1) The annual audit under the Ordinance shall extend to the
whole of the accounts of the society or branch.

(2) The auditor shall make himself acquainted so far as necessary
for the purpose of the audit with the provisions of the Ordinance, any
amendment thereto and the regulations made thereunder, and with the
rules of the particular society or branch, the accounts of which he is
auditing.

(3) The auditor shall satisfy himself—

(a) as to the accuracy and sufficiency of the books and accounts
of the society or branch and that all transactions of the society or
branch are correctly and adequately recorded therein;

(b) that all payments made are duly vouched and have been
authorised in the manner prescribed by the Ordinance, or by these
regulations;

(c) that so far as reasonably practicable all sums received and all
payments made by the society or branch for the period have been
brought to account;

(d) that where separate contributions are paid to particular funds
these have been stated separately and that any payments from the
funds have been correctly charged thereto; and

(ec) that the accounts submitted to him for audit are drawn up
in the form and disclose such particulars as are prescribed or
required under the Ordinance or by these regulations.

(4) Should there be errors in the annual return, or in the books,
accounts, vouchers or other documents submitted to the auditor, the
books, accounts, vouchers or other documents shall be returned (at the
cost of the society) for correction or adjustment, unless the auditor be
requested by the society to correct the inaccuracies, in which case he shall
be entitled to claim an additional fee to be arranged between him and the
society, the amount however, to be paid personally by the officer or officers
respectively responsible for the particular error or errors, as the case
may be. In the event of any dispute arising between the society and the
auditor relating to any matter or thing under this section either party shall
be at liberty to refer the same to the Registrar whose decision shall
be final.

49. For the purpose of carrying into effect the provisions of the
Ordinance and of these regulations the auditor shall at every audit make
Friendly Societies. [Ch. 38. No. 2.





such investigations as may be necessary, interrogate officers or persons
concerned and examine accounts.

50. Where any accounts of a society or branch are to be audited by
an auditor appointed under the provisions of the Ordinance the secretary
of the society or branch shall make out and deliver to the auditor a list
in writing of all vouchers, receipts, invoices and other supporting docu-
ments and the books of the society or branch in which the accounts of
the society or branch are kept.

51. The auditor of every society or branch shall at every audit personally
examine the securities, Crown Grants and other muniments of title
belonging to the society or branch where these are in the possession of
the society or branch, or he shall obtain a certificate from the Bank of
what securities, Crown Grants or other muniments of title the Bank holds
for the society or branch in safe keeping at the close of business on the
day to which the accounts are made up and audited.

52. Every auditor shall verify every annual Balance Sheet and shall
either certify that it is correct and in accordance with law, or specially
report to the society or branch and the Registrar in what respect he
finds it defective, incorrect, or not in accordance with law.

53. The person appointed to audit the accounts of a society or branch
shall send to the Registrar within three months of such accounts being
submitted to him for audit a statement of the funds or affairs including
receipts and expenditure and a copy of the Balance Sheet of the society
or branch made out to the preceding 31st day of December together with
full, honest and true answers to the questionnaire addressed to him by
the Registrar relating to the books and accounts of the society or branch
and in the event of their being any mis-application or wrongful withholding
of the funds, moneys or property of the society or branch by any person
or persons a special report thereon.

54, (1) Upon every audit of the accounts of a society or branch it shall
be the auditor’s duty to examine every entry in the books of the society
or branch; and under no circumstances whatsoever may the accuracy of
the said accounts be verified by test checks.

(2) It shall be the duty of the auditor to demand a voucher for
every item of expenditure and in the case of sick, death and funeral
benefits to compare the books of account with the contribution cards
of those who received such benefits, and to satisfy himself that those who
received such benefits were in good compliance or standing and entitled
to be paid.

(3) The auditor shall also require to be produced a certificate of
death, in accordance with the provisions of section 56 of the Ordinance,
in respect of every death and funeral benefit paid by the society or
branch.

55. Any sum surcharged by the auditor or any balance certified by
him to be due shall be paid into the office of the Registrar by the person
or persons who are surcharged or from whom the balance is certified to
be due within thirty days after delivery of the special report to the

8 (2)
116

Ch. 38. No. 2.] Friendly Soctettes.

society or branch and to the Registrar, and if not paid within the time
aforesaid, the person or persons in default may be proceeded against in
accordance with the provisions of the Ordinance. lu the event of default
being made by any such person the surety or sureties of such person shall
be informed in writing of such default by the Registrar and unless the
amount due shall be paid by such surety or sureties into the office of the
Registrar within a period of thirty days after such demand such surety
or sureties may be proceeded against in accordance with the provisions
of the Ordinance. In the event of any person or persons dying without
having fully paid the sum surcharged or balance certified to be due, the
same may be recovered by the Registrar as a civil debt from the legal
personal representatives: of the said deceased person or persons. On
any proceedings under this Regulation a certificate purporting to be
signed by the auditor shall be conclusive evidence of the fact certified.

50, Hf it appears to any auditor to whom the accounts of a society or
branch shall have been submitted under the Ordinance, that any item
of account is contrary to law, er that any money or income which ought
to have been brought into account has not been so brought into account,
the auditor shall disallow the item of account and shall in his special
report surcharge the amount of any unlawful payment or expenditure,
or of any loss or deficiency, upon the committee of management of the
society or branch, or upon any officer or member thereof, or upon any
other person by whose negligence or wrongful act that payment or
expenditure has been made or authorised or that loss or deficiency has
been incurred:

Provided that any item of account disallowed or surcharged by the
auditor may be reviewed by the Registrar and the disallowance or
surcharge varied or remitted by him if he is of opinion that in the
circumstances of the case it is fair and equitable to do so,

57. Where in the opinion of an auditor the annual return or Balance
Sheet of a society or branch shows that the society or branch is not ina
position to provide for the payment of its benefits at the rates in force
without increase in its existing rates of contribution or that owing to
depletion in) membership, excessive mortality, sickness, epidemic, or
other cause its funds are insufficient or are likely to be insufficient to
provide in the future for the payment thereof, he shall specially report
the same to the Registrar and in such report shall set out all material
facts relating to its financial condition as in his opinion warrant alteration
in its existing rates of contribution. The Registrar after consideration
of the said report may call upon the society or branch to make within such
time as he may fix, but not exceeding six months, such increase in its
rates of contributions as will enable the society or branch to provide
for the payment of its benefits at the rates in force, or alternatively such
reduction in the benefits payable by the society or branch, as will permit
and justify its continuance upon a sound and solvent basis.

58. The Registrar may appoint an actuary, auditor, accountant, or
other qualified person to review for any period the operation of any
society or branch proposing or intending to give a benefit payable on the
death of a member exceeding two hundred and forty dollars, and make a
Irriendly Soctettes, [Ch. 38. No. 2.

report to him on the financial condition of the’said society or branch and
the adequacy or otherwise of the subscriptions received by such society
or branch or of its funds to support the benefits or bonus moneys payable
by the society or branch having regard to the obligations or liabilities of
the said society or branch under its rules or any proposed rules, the cost
of every such report to be borne and paid by the society or branch.

59. very auditor shall, if he shall think fit, set out, in answer to the
questionnaire submitted to him under the Ordinance in relation to the
audit of the accounts of a society or branch, such requirements and
recommendations as he may deem desirable for the better operation of
the society or branch or the better arrangement of its accounts, and in
the discretion of the Registrar effect shall be given thereto by the
committee of manz agement, within such time as may be directed by him.

60. Auditors are not entitled to travelling expenses save with the
express leave of the Registrar. Books and documents must be delivered
or posted to the auditor. Each society and branch must take delivery
of the said books and documents from the auditor at its own expense.
Delivery by an auditor to a society or branch of the annual return,
Balance Sheet and special report or any other document relating to an
audit may be transmitted through the post free, the envelope or cover
being franked “ O.H.M.S.”’ and superscribed in clear legible handwriting
with the signature and designation of the sender and the date sent, for
the purpose.

61. Every auditor who fails to comply with any of the provisions of
these Regulations imposing a duty on him shall be guilty of an offence
against these Regulations and liable on summary conviction to a penalty
of one hundred and twenty dollars.

Levies.

62. It shall be the duty of the committee of management in determining
a levy authorised by the rules of a society or branch to exercise a reasonable
and honest discretion in estimating the amount that such levy may be
expected to realise. The committee shall not make a larger or heavier
levy than that which shall reasonably suffice to satisfy the purpose for
which such levy may lawfully be made.

63. A book shall be kept for the purpose of recording all levies imposed
upon members by a society or branch during each year, and of the
estimated results of such levies, and of the reason for cach such levy, and
of the purposes for which the moneys arising thereby have been applied.
Such record shall contain the particulars in the form set forth in Part IV
of the Third Schedule to the Ordinance.

64. Notwithstanding anything to the contrary contained in the rules
of a society or branch, the society or branch shall not, save with the
written consent of the Registrar, impose a levy or levies which shall in
the aggregate in relation to a Building Fund exceed the sum of five dollars,
or in relation to a Banner Fund the sum of one dollar respectively, payable
by any member of the society or branch.
Ch. 38. No. 2.| Friendly Societies.

65, Phe committee of management may make such additional levies
from time to time upon all members of the society or branch as shall be
necessary, in the opinion of the committee of management, to prevent
any deficit arising in the management fund thereof, and such additional
levies shall be binding on the members of the society or branch not-
withstanding anything to the contrary contained in the provisions of
the rules or constitution of the society or branch.

Rent-Roll,

66. Where a portion of the income of a society or branch is derived
trom the receipt of rents a proper rent-roll shall be kept by the society or
branch, and it shall be lawful for every society and branch owning or
holding property bringing in rent to pay a commission at the usual or
customary rate to an agent or other person on the amount of rent collected
by him. Where a society or branch has paid any sums by way of
commission in respect of the collection of rent the amount so paid or
allowed shall be stated on the rent-roll of the society or branch.

Trustees’ Certificates.

67. (1) Where the rules provide that elections be held or that financial
officers be appointed semi-annually or at any other time during a
financial year, the committee of management shall cause a proper check
of the books of account to be made at the time of such election or
appointment and a certificate shall thereupon be issued under the hands
of the trustees to the treasurer certifying the amount of cash in his hands
on the date the said check was made.

(2) A similar check-shall be made at the end of a financial year and
a similar certificate issued by the trustees, and the balance found to be
in the hands of the treasurer shall thereupon be forthwith deposited by
the treasurer in a savings bank and the receipt or deposit slip produced
to the trustees. The trustees shall provide the treasurer with moneys
required by him for the purposes of the business of the society if necessary.

Anniversary Expenses.

68. A detailed statement of receipts and expenditure in connection
with the annual Anniversary celebrations of every society shall be
prepared yearly by the officer or officers responsible therefor and presented
to the committee of management with the necessary supporting vouchers,
invoices and documents. The said statement shall be submitted for
audit by the society together with its accounts.

Bonds.

69, (1) In all cases where under the rules of.a society or branch a bond
is required to be given by a treasurer, the bond shall, except where the
Registrar otherwise orders, be given in an amount not less than double
the amount of money to be placed in the possession or control of the
treasurer and with at least one surety in a like sum.

(2) In no case under the rules of a society or branch may the bond
required to be given by any other officer having receipt or charge of
money be less than one-half of the amount required from the ‘treasurer,
with at least one surety in a like sum.
Friendly Socteties. |Ch. 38. No. 2.

(3) In all cases under the rules of a society or branch the bond
required to be given by a trustee shall, except where the Registrar
otherwise orders, be in a sum not less than two hundred and forty dollars
with at least one surety in a like sum.

70. Bonds shall be attested by a justice of the peace or commissioner
of affidavits who shall take care (as far as possible) that the sureties to
bonds are responsible persons. Sureties to bonds must testify. Every
bond shall upon execution be filed in the office of the PERO without
the _ iyment of any fee.

A bond may be continuing to the extent that an officer re-elected
to te said office in a society or branch for a consecutive term or terms
need not furnish a fresh bond, and the surety thereto may therein under-
tuke to become bound, without further attestation, in respect of any
such consecutive term or terms of office to be held by the principal in the
society or branch, The committee of management of every society or
branch shall at least once in every year verify the existence of the
sureties to bonds furnished by officers.

Reduction of Benefits.

72. In the event of any epidemic, excessive sickness, emergency or
other unforeseen contingency impairing the funds of a society or branch
the committee of management of the society or branch may by a resolution
of the majority of its members reduce the benefits payable or afforded
under its rules or impose a special levy or levies upon the members of the
society or branch and such reduction of benefits or special levy or levies
shall be binding on the members of the society og branch notwithstanding
anything to the contrary contained in the provisions of its rules or
constitution,

73. Where the committee of management of a society or branch shall
determine by resolution to reduce the amount payable in respect of any
benefit under its rules on the grounds of epidemic, excessive sickness,
emergency or for other good cause, a copy of every such resolution signed
by the secretary and countersigned by the president or chief executive
officer of the society or branch shall be sent to the Registrar and until
that copy is so sent and an acknowledgment received therefor the
resolution shall not take effect. The committee of management shall
also cause a notification of every such reduction of benefit to be hung
up in a conspicuous place in the registered office of the society or branch
for a period of not less than two months or to be mentioned during at
least four consecutive general meetings of the society or branch, whichever
is the less.

Nominations.

74. Every nomination made by a member, and every revocation and
variation of a nomination, shall be recorded by the society or branch, and
for that recording the rules of the society or branch may require the
member to pay a sum not exceeding 24 cents.

Funeral Expenses.

75. Before any account in respect of the funeral expenses of a deceased
member of a society or branch shall be paid by the society or branch
120

Ch. 38. No. 2.| Friendly Soctettes

under the provisions of subsection (3) of section 53 or subsection (1) of
section 54 of the Ordinance, the same shall be submitted for the
consideration and verification of the Registrar who shall examine and
compare the amount or amounts stated therein with current rates and if
any amount set forth therein is unreasonable, excessive, irrelevant or
not dona fide such amount shall not be payable out of the funds of the
society or branch. No society or branch shall be liable to be sued in
respect of any amount disallowed as aforesaid by the Registrar.

76, When a person is at the time of his death a member in good
standing of more than one society or branch his funeral expenses shall,
unless he shall have otherwise directed, be defrayed out of the moneys
payable on his death by such societies or branches in proportion to the
respective amounts payable by such societies or branches, and the balance
thereof shall be paid to those entitled or the nominee or nominees as the
case may be. Any person having a claim to any such moneys may
require an account of such funeral expenses to be submitted to the
Registrar and the provisions of the previous regulation shall be applicable
to the same wudatis mutandis. The provisions of this regulation shall
also be appheable where a society or branch has under subsection (3) of
section 53 or subsection (1) of section 5+ of the Ordinance paid or become
lable for the payment of the funeral expenses of a deceased member
who was at the time of his death also a member in good standing ot
other ans or branches. The Registrar may at any time call upon a
society or branch to submit to him a statement or account showing the
manner in which the moneys paid or payable by it on the death of such
member have been applied, the name or names of the person or persons
to whom the same have been so paid and the balance, if any, in its
possession. Upon the Registrar certifying the sum so due to any person
hereunder and the person or persons by whom the same shall be payable
such sum shall be recoverable at law as a debt by such person against
the person or persons by whom the same shall be payable.

Righi of Examination of Members.

The committee of management of every society and branch shall
have the right, and every member of every such society and branch shall
afford to the committee of management of the society or branch, an
opportunity to examine, through its medical, dental or optical officer, as
the case may be, the person of the said member when and as often as it
may reasonably require while a claim for benefits is pending or within
a reasonable time thereafter notwithstanding any provisions contained
in the rules or constitution of the society or branch to the contrary.

Inspections and Enquiries.

(1) The Registrar or any person authorised in writing under
sec eae 72 or 73 of the Ordinance shall, in addition to any other. powers,
authorities and privileges assigned to him respectively thereunder, have
power to do all or any of the following things: namely—

(2) to make such examination and enquiry as may be necessary
to ascertain whether the provisions of the Ordinance relating to a
society or branch are complied with;
Friendly Soctettes. [Ch. 38. No. 2.

(b) to enter the registered office or place of meeting of the society
or branch and inspect any cards, vouchers, documents, accounts,
returns, books, ledgers, funds, securities, moneys and effects of
such society or branch thereof at all reasonable times of the day or
night, but so as not to impede or obstruct the working of the said
society or branch;

(c) to examine into the administration of benefits by the society
or branch and make enquiries respecting the state and condition of
any member of the society or branch and for such purposes to
enter any premises where he is, or may be, stated to be at all
reasonable hours during the daytime; and to examine into the
payment of the benefits paid, alleged to have been paid, or required
to be paid, to him under the rules of the society or branch, from
time to time in force, and all or any matters and things connected
with or relating to the health, care and treatment of members of
the society or branch in receipt of benefits or claiming the same
and the imposition or attempted imposition by members in respect
of any benefits upon the funds of the society or branch; and

(d) to exercise such other powers as may be necessary for carrying
the Ordinance into effect.

(2) Every person authorised as aforesaid shall be furnished by the
Registrar with a certificate of his appointment, and on applying for
admission to any premises or place for the purposes of the Ordinance or
these Regulations shall, if so required, produce the said certificate.

Pensioners.

79. No society or branch shall save by resolution of a majority of the
members present and entitled to vote in general meeting declare any
person to be a pensioner on its funds. At least fourteen (14) days’ notice
of such meeting and intended resolution shall be given to such person.
Every pensioner shall be provided without charge with a card or document
signed by the secretary and countersigned by the president containing
the name and registered number of the society or branch, the name,
age and address of the person declared to be a pensioner, the reason for
such declaration and the date from which such person is declared to be a
pensioner as aforesaid.

80. Every society and branch shall keep and maintain in a book (to
be known as the List of Pensioners) a list of the pensioners upon its
funds, and the secretary shall immediately duly record therein the
particulars herein required of every person declared to be a pensioner of
the society or branch. Every such list shall contain the name, age,
address, and reason for the declaration of pensionable status in respect
of every person recorded therein and shall be open to inspection at all
reasonable times by members of the society or branch without fee.

81. Nothing herein shall prevent a member who has become a pensioner
of a society or branch from being by majority vote of the members present
and entitled to vote at a general meeting of the society or branch taken
off the List of Pensioners and from regaining his previous status as an
ordinary member subject to such terms and conditions as the society or
Ch. 38. No. 2.| Frtendly Soctettes.

branch may impose. A note to such effect shall however be made by
the secretary in the List of Pensioners against the name of every pensioner
who has regained his status as an ordinary member and the date thereof.

82. Notwithstanding anything to the contrary contained in the rules
or constitution of a society or branch every pensioner respectively thereof,
who has against his will been restored to the status of an ordinary member
with the duties and obligations attendant thereon as required under the
rules of the society or branch, shall be entitled to apply to the Registrar
who may if he considers the said restoration to be unfair or inequitable
in the circumstances of the case order him to be retained as a pensioner
of the society or branch or make such other order as the justice of the
case may require.

Vacation and Sick Leave.

83. Notwithstanding anything contained in the Ordinance or in the
rules or constitution of a society or branch to the contrary every member
of the committee of management of a society or branch shall in every
calendar year be entitled to leave at the full salary or allowance payable
in respect of his particular office therein for the following periods, that
Is to say -

(i) fourteen days’ vacation leave; and

(ii) a period not exceeding 14 days in respect of sickness on the
production of a medical certificate stating that the member is
incapacitated by reason of illness from carrying out his duties as
such member, without prejudice to the rights or privileges to which
he may otherwise be entitled as a financial member in good standing:

Provided that not more than two members of the committee of
management shall be granted vacation leave at one and the same time.

8+. It shall not be requisite for any person acting for or on behalf of
any member of the committee of management absent on vacation leave
or on sick leave for the respective periods in the foregoing Regulation
provided to enter into a bond in respect of the fulfilment of his acting
duties. The committee of management shall make all acting appointments.

Grants to Retiring Officers.

85. A society or branch may grant out of its Reserve Fund to any
ofticer who has been in the service of a society for an unbroken period of
at least twenty years, and who is more than fifty-five years of age, and
whose services are no longer required, a sum not exceeding the aggregate
of his average annual salary or other remuneration for the next preceding
three years payable in such manner as the society or branch may decide.

Forms, Returns, ete.

86. Forms, and other documents prescribed under the provisions of
the Ordinance or of these Regulations shall be strictly adhered to, and
the Registrar may in default of compliance therewith return any such
form, or other document to the society, branch, officer or other person
sending or tendering the same for such further entries or amendments as
he may deem necessary :

Provided that where the circumstances shall so require forms to the
Friendly Soctettes. |Ch. 38. No. 2.

like effect with the necessary modifications subject to the approval of
the Registrar shall be used:

Provided always that all such forms are in substantial compliance with
the requirements of the Ordinance and the regulations made thereunder.
Voting at Meetings.

87. A member of the committee of the society or branch shall not vote

or take part in any matter before the committee or general body of the
society or branch in which he has directly or indirectly any interest.

THIRD SCHEDULE.
TABLE OF CONTENTS.
Forms, Returns, Records and Accounts.
PART I.
No. 1. Acknowledgment of Registry of Society.
No. 2. Acknowledgment of Registry of Amendment of Rules.
PART II.
No. 3. Acknowledgment of Registry of Branch.
No. +. Acknowledgment of Registry of Amendment of Branch Rules.
PART II.
No. Return of members and investments under section 26.

No. 6 Annual Return of receipts and expenditure, funds and effects of
society or branch, as audited, under section 28.

wa

No. 7. Questionnaire relating to the audit of Books and Accounts.
No. 8. Statement of Funds showing receipts and expenditure, with

Balance Sheet (for local societies).

No. 9 Statement of Funds showing income and expenditure, with
Balance Sheet (for Order societies and societies under the
rules of which separate funds are required to be kept for the
various benefits).

No. 10. Return as to Sickness and Death Benefits.

No. 11. Return as to Maternity, Dental, Optical and other Benefits.

No. 12. Return to Commissioner of Estate Duties of Death Benefits
paid by society or branch in respect of deceased members
under Section 107 (2).

PART IV.
No. 13. Rent-roll of society owning or holding property.
No. 14. Register of Members of a society or branch.

No. 15. Register of Nominees and Dependants of Members.
No. 16. Record of Levies made by a society or branch.

in
OW
124 Ch. 38. No. 2.| I*viendly Soctettes.

No. 17.

No. 18.

No. 19.
No. 20.
No. 21.

No, 24.

No. 25.
No, 26.
No, 27.

No, 28,
No, 29.
No. 30.
No, 31.
No. 32.
No. 33.

No. 3.
No. 35.

List of Bonus Payments to members who have not drawn
benefits during year.

List of Bonus Payments to members who have drawn benefits
during year.

Form of Contribution Card.

Form of Bond.

Form of Half-yearly Inspection and Administration Report
showing personal inspection of books and accounts, funds
and effects of society or branch by the committee of
management.

Record of Benefits paid to members.

PART V.

Form of Receipt to be endorsed’ on Mortgage or Further Charge.

PART VI.
Form of Summons issued by Registrar under Sections 41 (2)
and 63 (2).
Form of Notice and Requisition to Parties under Section 63 (1).
Form of Summons to Witness.
Form of Summons issued by Registrar or authorised person
under Section 73.
Form of Determination and Order.
Process before Magistrate under Section 76 (1).
Form of Notice before cancelling or suspension of registry.
Advertisement for cancelling or suspension of registry.
Advertisement of Dissolution of Society by Instrument.
Advertisement to Creditors of Friendly Society upon its
Dissolution to submit their claims to Registrar.
Form of Suspension or Renewal of Suspension of Registry.
Form of Cancelling of Registry.
Friendly Soctettes. {Ch. 38. No. 2. 125

Part 1.
No. tl.
TRINIDAD AND TOBAGO.
OFFICE OF THE REGISTRAR OF FRIENDLY SOCIETIES,
PoRT-OF-SPAIN.
FRIENDLY SOCIETIES ORDINANCE.
Acknowledgment of Registry of Society.
Name of Society:
Register No.:

The Society is registered as a (friendly society, cattle insurance society,
benevolent society, working men’s club, or specially authorised society) under the
Friendly Societies Ordinance this day of , 19

(Signature)
Registrar of Friendly Societies.

No. 2.

Acknowledgment of Registry of Amendment of Rules.

The foregoing amendment of the rules of the Society is registered under
the Friendly Societies Ordinance this day of 19
(Signature)

Registrar of Friendly Societies.
& 4 ?

Parr Il.
No. 3.

CRINIDAD AND TOBAGO.
* OFFICE OF THE REGISTRAR OF FRIENDLY SOCIETIES,
PoRT OF-SPAIN,

FRIENDLY SOCIETIES ORDINANCE.

Acknowledgment of Registry of Branch.

The is registered as a branch of the Society (and of the
branch of the same) under the Friendly Societies Ordinance this day of
19
(Signature)

Registrar of Friendly Societies.

No. 4.
Acknowledgment of Registry of Amendment of Branch Rules.
The foregoing amendment of the branch rules of the is registered under
the Friendly Societies Ordinance this day of 19.
(Signature)

Registrar of F riendly Societies.
126 Ch. 38. No. 2.| Friendly Socteties.

Part IIL.

No. 5.

(Section 20.)

FRIENDLY SOCIETIES ORDINANCE.

,19
Reg. No,
To THE REGISTRAR OF FRIENDLY SOCIETIES.
Return of the Friendly Society for the year ending 31st December,

19

|
| Adults. | Juvenite Total.

(a) Number of financial members on roll
during 19

(6) Number of probationary members on
roll during 19

|

: : . |
(ce) Number of untinancial members on |
‘ |

roll during 19



Total



\mount on deposit in savings banks as at 31st December, 19 , inclusive
of interest

\mount invested in real sec urity

Amount invested in leasehold security

\mount invested in municipal and borough securities

Amount invested in stock, shares or debentures of banks and building
societivs a oon

\mount invested in shares of co-operative undertaking, with, ‘limited
liability, the shares of which are held by societies wee ar ae

\mount invested in authorised trustee securities

\mount in Treasurer’s hands as at 31st December, 19





Total

sn

Secretary.
Address
OFFICE OF THE REGISTRAR OF FRIENDLY SOCIETIES,
Port-OF- SPAIN,
19

Vo , Seeretary of the Friendly Society.
Dear Sir/Madam.

You are required to fillup the form printed on the back and return the same to me
on or before the 31st January, 19 » together with the sum of one dollar and eighty

cents,
Registrar of Friendly Societies.



Notr.-- It is not necessary to wait on Auditor's Report before sending this Return
to the Registrar and on failure to submit this Return by the 31st January, the
Members of the Committee of Management of vour Society may all be prosecuted
before a Magistrate. Retain duplicate copy of this form for the Auditor.

The Registered Number of the Society and the name and address of the Secretary
must be supplied.


Friendly Soctetics. |Ch. 38. No. 2.

No. 6,
FRIENDLY SOCIETIES ORDINANCE.
Annual Return for a Registered Friendly Society.
Year ended 31st December, 19.
This Return is to he sent to the Registrar before 31st May. It should be
accompanied by
(1) A copy of the Auditor's Special Report (if any).
Receipts and Expenditure
Statement of Funds
made up to and including the 31st day of December of the previous year.
A copy of this Return should be retained by the Socicty.
Name and number of Society (as registered)
Registered Office
Names and Address

(2) A copy of the Account and Balance Shect

Addresses
of Trustees rs
Does the Society make Loans to Members under Section 44 of the Friendly
Societies Ordinance, t.¢., out of a separate Loan Fund formed by the contributions
w deposits of the Members ? If so, the Society should Apriy to the
Registrar for an additional form of account applicable to such loan transactions.
The Auptr for the said year has been conducted by Mr. » Auditor,
appointed by the Governor.

1
Return or Benerrr Members. Ordinary Juvenile
Member. Mem- | Widows: ‘Total

(Membership of a separate Juvenile | Males. | Females.
Society should not be included in (1) (2) (3)
the Adult Society’s Return). -

Number of Benefit Members on the
Books at the beginning of the |
year. (If in disagreement with | |
previous Return, explain differ- i
ence.) ;

(5)

|
bers, |
|
|
|

(4) |

\dmitted during the year
* Juvenile Members transferred to
Adult Section
Tora
* Number who died

* Number who left) from other
causes... or



+ Juvenile members transferred to | | i |
Adult Section ae an j | |

Potat NuMBER or BreNerrit
MEMBERS ON THE Books | |
AT THE END OF THE YEAR







* Enter at Columns (1) and (2).
* To be deducted from total of Columns (1), (2), (3). (4) and (5).
t Enter at Column (3).

(Section 28.)
128 Gh. 38. No. 2. | I'riendly Socteties.

. |
Ordinary Juvenile

* RETURN OF BENEFIT MEMBERS. Member. Mem- | Widows.| Total
Males. |Females.| D&S |



Ages (at end of Year).



Number:
Under 10 years of age ...

16 and under 65 years of age ...
65 years of age and over
\

|
i

TOTAL ...





* To be used where contributions are paid according to age.

¢ Benerirs AssuRED TO MEMBERS
Sickness, Dental, Maternity, Medical, Optical, Distress, Additional Benefits (state
specifically)

t Strike out those that do not apply.

OFFICERS, ETC., IN RECEIPT OR CHARGE OF MONEY

Security.



amount
of |
|
\_
|

Ww hether by Bond or
Guarantee moniery.

Amount.



Cash held.

|

| | Maximum
Name. Office held. c

| !

1

| |

\

|
|
|
|
I

NAMES AND ADDRESSES OF THE COMMITTEE OF MANAGEMENT,
as at the day of ,19
fon which the Annual Return is signed].

L
|
|
!

Name.

Address.

REMARKS.

Signature of Secretary
Address
Dated the day of ,19”~—~«W
19

wa

~

10,

Friendly Society (Registered No.

Fnendly Socteties. [Ch. 38. No. 2. 129

No. 7.

FRIENDLY SOCIETIES ORDINANCE,

Questionnaire.

Questions.

. Are the balances in the various funds correctly

brought forward from the previous year ?

. (a) Are the total receipts of each meeting paid

promptly to the treasurer and duly signed for
by him ?

(6) What amount is the treasurer authorised to
keep in his hands under the rules ?

(¢) Are the monthly balances within this limit ?
If in excess give details.

. Are the receipts duly entered in the cash books

(including blotter) and do they agree with the
amounts signed for by the treasurer ?

. Are the receipts properly allocated as required by

the rules of the Society ?

» (a) Have all bank deposits been made in a savings

bank within the meaning of the Ordinance ?

(0) Have you examined the bank books, and does
the balance agree with the Balance Sheet and
the Annual Return ?

(c) Have you examined the bank certificates ?

. Have you examined the treasurer's cash book, and

does the balance agree with the secretary’s cash
book ?

. (4) Have you carefully examined the Society's

accounts relating to mortgage and property ?
(6) Has all interest due been paid ?
(c) Are the mortgaged premises sufficiently insured
against loss by fire and the premiums paid ?
(¢) In whose names are the fire policies ?

» Have you examined the receipts for the premiums

paid for fire insurance and rates and taxes on
properties owned by or mortgaged to the
Society ?

- (a) Are the funds of the Society invested in

accordance with the Friendly — Societies
Ordinance ?

(0) Are any funds of the Society in unauthorised
investments? If so, state the name and
amount of every such unauthorised invest-
ment,

(c) Have you any recommendations to make with
respect to the better investment of the funds ?

(a) Have you examined the certificates issued by
the trustees to the treasurer certifying the
amount of cash in the treasurer’s hands on the
dates checks were made as prescribed by
Regulation 67 ?

() Have you examined the certificate issued by
the trustees to the treasurer certifying the
deposit in a savings bank of the cash in the
treasurer’s hands as at close of the financial
year in respect of which this audit is being
carried out ?

T.—-VI.

)





(Section 115.)

Answers to Questions relating to the Audit of the Accounts of the
) for the year ending the 31st December,

Answers.

9
130 Ch. 38. No. 2.| Friendly Soctettes.

Questions. | Answers.

ee ee ee

(ce) Do the amounts so certified agree with the
Balance Sheet and are they within the sum for
which the treasurer is bonded under the rules ?

11. (a) Have you thoroughly checked the Register of
members with

(i) blotter; and
(ii) cards ?

(b) How many contribution cards were submitted
for examination ?

(¢) How many contribution cards were not produced
forexamination ? Does the action taken upon
non-production appear to be satistactory ?

L2. Are the arrears carried forward correctly in the
Register of members and on the cards?

13. Have you seen and checked vouchers and receipts
for all payments made by the Society and
were these duly authorised ?

14. Have all the books of the Society been produced
for your examination > Do they agree with
the list submitted ?

15. Have you seen all accounts for the year which have
been rendered by doctors, druggists, dentists,
opticians and other creditors ?

16. Are the amounts due to doctors, druggists, dentists,
opticians and other creditors fully and properly
credited in the Society's ledger ?

17. Have proper receipts been produged to you for all
pavinents stated to have been made to doctors,
druppists, dentists, opticians and other eredi-



tors?

I8. Do those reecipts agree in all respeets: with the
orders and with the entries in the Society's
books and accoutits ?

19, (a) Is the aggregate amount paid for bonus within
the sum prescribed by the rules ?

(b) Vive the provisions of regulations to to 20
inclusive been complied with strictly ? |

(c) Hf not, state in what way or ways there has been
tuilure to comply.

(@) Have you caretully examined the acknowledg
ments given by members ?

(ec) Are you satished that they are proper quittances
foe the amounts received ?

(f) Are the amounts reerived by officers and
members as remuneration for carrying out the
provisions of the Ordinance with respect to the
payment and distribution of bonus in accord
ance with the scale of allowances provided
under regulation 17 ?

(g) What is the amount of bonus that remained
unpaid at close of the year under audit ?

(4) Has this amount been handed back to the
treasurer and an acknowledgment taken for the
same ?

20, (a) Was the Register of members completely
written up for the year under review ?

(6) What is the Society's membership as regards
its

(i) Financial members,

(i) Untinancial members,
(ui) Probationary members,
(iv) Juvenile members,


Friendly Societies.

Questions,

{¢) Have you verified such memberahip with the

. (a)

(0)

4 (a)

(6

(©
(4)

5 (a)

(0

. (a)

(0)

(d

=

. (a)

(b
)
(d)

=

Annual Return ?

Is the levy imposed in respect of anniversary
expenses within the amount prescribed by the
Regulations ?

Have you seen the detailed atatement (referred
to in regulation 68) of the expenditure in reapect
of the Society's anniversary celebrationa for the
year under review ?

Have you checked the vouchers submitted in
respect of all such expenditure ?

Have proper receipts been produced to you for
all payments made ?

Have there been, in your opinion, any irregula-
vities in’ connection with the anniversary
expenses? If so, atate them,

Has the aggregate amount expended in reapect
of the anniversary celebrations exceeded the
gross amount collectible from the membership ?

Have you carefully examined the Record of
Levies kept by the society ?

Is the Record kept strictly in accordance with
the provisions of regulation 63 ?

Has any levy been excessive ?

Have the amounts arising from lovies been duly
and properly applied ?

Have you carefully examined the Rent-roll kept
by the secretary ?

Have you cheeked the entries therein with the
counterfoils of the Society's receipt book or with
the Agent's return ?

Do those countertoils agree in all respects with
the entries in the Rent-roll ?

Have you personally examined the securities,
Crown Grants and other muniments of title
belonging to or held by the Society ?

Have you carefully examined the Society's
accounts in relation to its investments and
verified the said securities, Crown Grants and
other muniments ¢. title therewith ?

Have you satistied yourself that the ownership
of the said securities, Crown Grants and other
muniments of title is vested in the Society, or
that its rights, title or interest therein are duly
and properly sateguarded and protected ?

Do the securities and documents of title held
by the Society exceed the value of $5,000.00 ?
If so, have the trustees deposited the same in
manner provided under regulation 29 ?

Have the provisions of regulations 25 to 28
inclusive been strictly complied with ?

Is there in your opinion any money improperly
loaned ?

Do you consider the Loan Fund is’ being
operated satisfactorily ?

Is there anything with respect to the Loan Fund
to which the attention of the committee of
management should particularly be called ?

9 (2)

|Ch. 38. No. 2.

Answers,

131
132 Ch. 38. No. 2.| I*rtendly Soctettes.

Questions. | Answers.

26. (a) Have you examined the Registrar's certificates
of lodgment issued in respect of officers’ bonds
deposited with him ?

(6) Do such certificates relate to all the officers
who are required to furnish bonds? Tf" no”,
please give the names and addresses of those
officers who have not furnished bonds.

27. Has the contribution to the Reserve Fund as
required by the Ordinance been set aside ?

28. Are the return of members and moneys and the
value of the investments shown in the Return
made under section 26 of the Ordinance for the
year under review correctly stated ?

29. Have you obtained all the information and explana-
tions you have required ?

30. (a) Have you any requirements or recommenda-
tions to make for the better operation of the
Society ?

(6) Is there in vour opunien any detect im the
method of keeping the books and accounts ?

(c) Have you any recommendations to make in
respect of the better arrangement of the
accounts of the Society ?

31. Have all the recommendations of the previous year’s
Auditor been complhted with and carried out ?

32. Have any of the funds or etlects of the Society been
misapplicd or wrongly withheld by any person
or persons whomsocver ?

33. Hany of the funds or eflects of the Society have
been so misapphed or wrongly withheld :

(a) Who are the person or persons who have so 1

misapplicd or withheld the same ?

(6) What are the amounts so misapplied or wrongly

withheld ?





NB. The Regulations herein referred to are to be found in the Second Schedule tov
the Friendly Societies Ordinance.
Answers should be written clearly and concisely. Add additional sheet if the
space allotted cannot contain the answer to any question.

1, the undersigned, certify and declare that the above answers are full, honest and
true and are given as the results of my examination of the books and accounts,
records, returns, receipts, deeds and documents of the above named Friendly Society
tor or relating to the year ended 3tst December, 19

Dated the day of 19
Auditor,

GENERAL REMARKS.
SPECIAL REPORT.

Auditos,
Dated the day of 19;
Friendly Societies,

FRIENDLY SOCLETIES ORDINANCE,

Reg. No.

|Ch. 38. No. 2. 133

(Section 115.)

°

Friendly Society.

Receipts and Expenditure Account for the year onded 3tst December, 19,

* Rucurpts,
Entrance Fees ...
Weekly Contributions
Death Levies
Rule Books
Rosettes, Regalia, ete.
Cards (Contributions)...
Anuiversary Lovy

Fees from Registration of De-
&
pendants...

Fees from Nomination
Rent Collected...
Audit: Fee Refund
Hines

Building Dues ...
Management Dues
Overs

Other Income ...

Total Cash Income

* See Note at back hereof.



EXPENDITURE,
Sick Rehet ...
Medical Attendance
Medicines
Dental Benetits
Optical Benetits
Maternity Bonetits
Death Benetits
Other Benetits
Ponsions
Ollicers’ Salaries

Committee, Remuneration

ol
sick Visitors
Rent and Light

Property Expenses (Rates,
Taxes, Insurance, ete.)...

Mortgage Interest...
Rosettos, Regalia, ete.
Anniversary Expenses

Contribution (Education,
Sctence and Art)

Annual Return and Fees to
Registrar...

Printing and Stationery
Auditor's Fee
Travelling

Shorts

Miscellaneous

Total Cash Expenditure $

[over]
Ch. 38. No. 2.| Friendly Soctettes.

INTEREST AND DIVIDEND, ETC. Accounts ACCRUED DUE.
; _ $ | ; $
Post Office Savings Bank —... Auditor’s Fee (
| members)
Trinidad Co-operative Bank, |
Ltd. ... aes a ts Medical Otticers
Trinidad Building and Loan ' Dentists
Association o
Other Banks ... re ae Opticians
Druggists
Rent
| Other Outstandings
| —
Tora. EXPENDITURE INCLUDING
Accounts AccCRUED DUE $
Shares ... ss ee Other Investments... oe Bonus paid...>
Rent due to Society ... ae ; Bonus expenses
‘Total Income from all sources $ Deficiency (if any)
at Ist January.
19
|
CapITAL FUND : CaprraL FUND :
Balance as at 1st January, | Balance as at 31st December,
19 | 19), as per Balance
Sheet
Granp Toral ... A$ GRAND TOTAL ... L$



N.B.—The principal points to be attended to in connection with this Account are:—
1. Receipts and Expenditure. It must be carefully remembered that this is
not a mere Cash Account. giving particulars of cash received and cash expended.
Accordingly such items as:—
(a) Cash withdrawn from bank or cash paid into bank,
(b) Cash expended in purchase of investments, or cash received on sale of
investments, or on discharge of mortgages, etc., etc.,
must not appear beyond entering as a profit or loss, as the case may be, the
difference between the amount received and the amount at which the asset
previously stood in the Society’s Balance Sheet.

2. Interest on the funds which have become due and payable in the course of
the year should appear as a receipt, and if not actually paid at end of year will
appear in the assets of the Balance Sheet as interest due and unpaid.

3. Where under the rule separate funds are required to be kept for the various
benefits, the amounts of these various funds should always be stated separately
in the Balance Sheet.

4. Each Account must be correctly added up.

5. The totals at the bottom, on the opposite sides of each Account, must be
the same.
Friendly Socteties. |Ch. 38. No. 2. 135



FRIENDLY SOCIETIES ORDINANCE, (Section 115.)
Reg. No.
Friendly Society.
Balance Sheet as at 31st December, 19.
. _ ee fe ee ee ae =
LIABILITIES, | ASSETS,
|
Auditor’s Fee for 19 ) Cash in ‘Treasurer's hands $
|
( Members) re ' Cash at Banks as per Certifi-
| cates:
|
Medical Officers: | Post Office
| Savings $
|
Add_ Interest
| credited Ld $
| .
|
i V'dad Co-opera-
| tive Bank
| Ltd... $
Druggists: | Add Interest
| credited wi$ $
T'dad, Building
and Loan
| Association... $
Add Interest
credited Ld $
Dentists: |
Other Banks $
Add Interest
credited $8 $
Opticians:
Sharcs Account;
T’dad Co-opera-
i tive Bank,
Ltd....$
Add Dividend
credited L$ $
136

Ch. 38. No. 2.]

Friendly Societies.





Mortgages :

Reserve Fund ...

Sundry Creditors:

Capital Fund:
Balance as per Receipts
Expenditure \ecount

Signature of Secretary

Address

and

he



T’dad) Building
and Loan
Associa-

tion...$§

Add Dividend
credited ...$ $

Company,
Limited $

Add Dividend

credited ...$ $
Other Invest-
ments:
Sundry Debtors:
$

AupITor’s CERTIFICATE.

The undersigned, having had access to all Books, Deeds, Documents and Accounts
of the Society, and having examined the foregoing Balance Sheet, and verified the
same with the Books, Deeds, Documents and Accounts relating thereto, now sign
the same as found to be correct, duly vouched, and in accordance with law (subject

to a Special Report dated the
Registrar's Questionnaire relating to the said

ended 3tst December, 19
Signature of Auditor

Address

Date of Completion of Audit

).*

day of 19, attached to the

Friendly Society for the year

19

* If no Special Report is made, the words in brackets shuuld be struck out. The
Auditor must make a Special Report if in any respect the Accounts and Balance
Sheet is incorrect, unvouched, or not in accordance with law. A copy of any Special

Report must be sent to the Registrar.
FRIENDLY SOCIETIES

No.

Friendly Soctettes.

| Ch. 38.

9.
ORDINANCE,

Statement of Funds and Balance Sheet.

For the "

” Lodge, No.

for the year ended 31st December, 19

SICK AND FUNERAL

INCOME.

Contributions ...

Entrance Fees .

Interest on Moneys Invested...

T’dad District, refund of
Funeral benefits

Other Receipts (to be speci- |

tied’ :-

Total Income for the Year

Amount of Fund, January 1,
9, ea

TOTAL

MANAGEMENT

INCOME.

Contributions ...

Entrance Fees . tis

Registration of ‘Dependants oes

Fines .

Levies eae a

Other Receipts: ‘(to be speci-
fied) :- . oes

Total Income for the Year

Amount of Fund,

January 1,
19 wa se

ToTaAL





'
|
|
|



FUND.

EXPENDITURE.

Sickness Pay:
Full pay days
Redueed pay ”
Funeral Benefits ie
Trinidad District Funeral
Fund levies
Other Expenditure (to be
specitied) :

Total Expenditure for the Year

Amount of Fund, December

31, 19

Torat
FUND.
EXPENDITURE.

Salaries and = Remunerations
Rent of Lodge Room

Deputies to District Meetings |

Printing,

ery ...
Postages
Necessaries Purchased

Books and Station-

T’dad_ District. Membership
levy sive “

Other Expenditure (to be
specified) :—-

Total Expenditure for the Year

Amount of Fund, December

31, 19

TOTAL



137

No. 2.

of the Trinidad District, Friendly Society


138

Ch. 38. No. 2.]

_Frie ndly Soctettes.

MEDICAL FUND.
$ $
INCOME. IEXPENDITURE. |
Contributions ... - oo | Medical Attendance ...
Other Receipts (to be speci- _ Druggist for Medicines sup- |
fied): plied oe
| Allowance to Members |
| Dental Attendance —_ |
| Optical Attendance ... we |
| Other Expenditure (to be ;
specified) :-
Total Income for the Year... Total Expenditure for the Year |
Amount of Fund, Jan. 1, 19 Amourt of Fund, Dec. 31,19!
-| js
Tora Ln a) a TOTAL | $
'
DISTRESS OR SUBSIDIARY FUND.
= - _ = _ ——
$ $
INCOME, | I.XPENDITURE.
Contributions ... | Grants to Members in Distress |
Other Receipts (to be speci | Other Expenditure (to be |
fied) :-— specified) :—
|
———
Total Income for the Year | Total Fxpenditure for the Year |
Amount of Fund, Jan. 1, 19 , Amount of Fund, Dec. 31, 19 i
TOTAL $ TOTAL on we $
PROPERTY ACCOUNT.
$ $
INCOME. EXPENDITURE.
Amount Received for Rents | Repairs : wes wee |
Other Receipts (to be speci- | Rates and Taxes ove wee |
fied) :— _ Ground Rent... '
Interest on Loans . ef
| Other Expenditure (to be |
specified) :—
--—| j|—__
Total Income for the Year Total Expenditure for the Year |
Amount of Fund, Jan. 1, 19 | Amount of Fund. Dec. 31,19;
i ee
TOTAL Le og Totat. i$
Friendly Soctettes. [Ch. 38. No. 2.

BALANCE SHEET.

i $ | ¥
Funps AND LIABILITIES. | | ASSETS. |
Worth of Sick and Funeral | | Post Office Savings Bank
Fund oe a | | Cash in Treasurer's hand... |
Worth of Management Fund | | Land and Buildings, Freehold |
Do. Medical Fund wee | | Other Assets (to be specified) |

Do. Distress Fund ae | |
Due to Trinidad District |
Other Liabilities (to be speci- |

fied) ... = re rn

\

ToTaL ASSETS

| | Deficiency (if any) in Manage-
| ment Fund oo soe



Signature of Secretary
Address

The undersigned, having had access to all Books, Deeds, Documents and Accounts
of the Lodge, and having examined the foregoing Balance Sheet, and verified the
same with the Books, Deeds, Documents and Accounts relating thereto, now sign
the same as found to be correct, duly vouched, and in accordance with law (subject

to a Special Reported dated day of 19 *).*
Signature of Auditor

Address

Date of Completion of Audit 19

* If no Special Report is made, the words in brackets should be struck out. The
Auditor must make a Special Report if in any respect the Accounts and Balance
Sheet is incorrect, unvouched, or not in accordance with law. A copy of any Special
Revort must be sent to the Registrar with this Balance Sheet.

139
140 Ch. 38. No. 2.| I’riendly Soctettes.

(Section 115.) No. 10.
FRIENDLY SOCIETIES ORDINANCE.

Return as to Sickness and Death Benefits for year ended 31st December,

19.
Name of Friendly Society
Reg. No.
1 i -
| Number |
| Number | of weeks! Rate | Under |
of , and per Rule | Amount
Members. days week. | No.
| | pay.
7 —— on . i ~~
/W. Dz $
Sickness Pay:
Full pay lasting weeks
First: period reduced |
pay lasting weeks |
Second period reduced | \
pay lasting weeks
Permanent Sick Pay -
Total Sickness Pay . §
Sums at Death :-
of + ordinary members at $
ot * wives (or husband) at $
of + widows .
of + dependants
ot t pensions 2 a
of ¢ long standing members
ot t juvenile members
Total... Total sums at Death a Lee . $

tf State number.
* State number where both husband and wife are members.
Friendly Socteties. |Ch. 38. No. 2. 141

No. 11. (Section 115.)

FRIENDLY SOCIETIES ORDINANCE.
Reg. No.
The Friendly Society.

Return as to Maternity, Dental, Optical and other Benefits for the
year ended 3lst December, 19

i
| |
Number Rate = | Number |



(u) Glasses

Under |
Benefits. | of i or | of Rule | Amount.
; Members. | seasoned (tears No. |
| | |
} | 2 3 4 5) |
see ea a Oe.
| | E
| 8 ls
Maternity - me star | |
| | |
| | | |
Dental— | |
(i) Extractions ... we | | |
| {
(1) Treatment ... we | | j |
i } | |
| | |
Optical— |
(i) Examination or i | |
Refraction | |
|

ToTaL .. $

Other Benefits--

"|
|
|

(To be specified) |
{

N.B.—The figures to be given in Columns Nos. 2 and 4 above need not necessarily
agree.


(Section
107 (2).)
Reg. No.
1
Name of
deceased
member. *

142 Ch. 38. No. 2.]

Iriendly Socteties.

The

No. 12.

Return of
Friendly Society.

Address of Registered Office

FRIENDLY SOCIETIES ORDINANCE.

To The Commissioner of Estate Duties.

In Respect of Quarter Ending

Address of
deceased
member.

|
|
|
|

|
{

A

mount
paid.

|
| t Name of
|

19

~—---|

person to Address
| payment Payee. |

made.

|—

|
i whom | of
|

Remarks.

* Do not include names of deceased members until payment has been made.
+ Include Administrator General if payment made to him.
Friendly Societies. [Ch. 38. No. 2. 143





RENT ROLL




144 Ch. 38. No. 2.| Friendly Societies.

No.
THE FRIENDLY
Rent
of the
Particulars in Respect of Premises No.
(or Leased by) The Friendly

erodes
| MONTHLY TEN ANTS.

Names of

Tenants:

State

Monthly

Rental:

Insert |








| $ per month. | $ per month, | $ per month. | $ per month.



$ per month.










E | Eis ES Eo! E oi
RA BA Ba BA! BA!
oe Zk ea ee pe
w# 3} Amount. fa S Amount. fa -S! Amount. || ®, Amount. [fy 3; Amount.
© g| 2 8 » & 2 8) » gl
G & 5m sm S| Sm
aS 3s [as s |as $ leS5 s [25
Arrears
brought
torward
trom |
previous
year.
i
'
January |
_

February

March

April



May



June

Carried
forward


Friendly Societies ;

[Ch. 38. No. 2.

145









io”

|
|
\
|
|



13.
SOCIETIES ORDINANCE.
Roll
Friendly Society.
Situated at Belonging to
Society for the year ending 19
Occ ASION AL TE N AN Ts. |
Names. | | | |
eS | a
S| as 3 ol
2 | Se 6
~ a! vey Total Agent’s | iS
en 3 | Amount. Bul Rent Months. Com- By Remarks.
eo ‘3 SO} Collected. mission | 8 ‘9 |
B | 38) Paid. =|
25) a $ & |
- | =

T.—-VI.

January

February

March

oe

my

oe





a aa re en a ee) hc
146 Ch. 38. No. 2.] Friendly Socteties.













| MONTHLY TENANTS.
Insert
Names ot
Tenants: —
State
Monthly
Renial:— $ per month | $ per month | $ per month | $ per month | $ per month
Eo} Eis Eo Boo) Roo
| Hw, ol co) Cl
aA 3, a7, a7 av
= oO mo ~ m S| mm O
mo: Amount. [y'S. Amount. feo} Amount. J, ‘o} Amount. Jw ‘o Amount.
— 9 ~~ 8 +, 9 = 8! 9°
ae a? ae ag ag
3 of of oe of
a6 $ 25) $ a6 $ <6) $ a6 $
— _|-- — ls —~- | ——-]}
Brought |
forward |
|
July
ao - _ _ |_|
|
August
September |
i

October |

November \

December

Total Rent '
Collected :-—- |
Total Rent i
due to 31st | i
December, | |
19 '
(including i
previous
year’s ' |
arrears) i
Arrears {
to 3lst
December,
19.
Carried
forward i |
N.B.—This Rent Roll is to be produced to the Auditor upon every audit of the Society’s books
and accounts together with the Agent’s Returns if any.


Friendly Socteties. [Ch. 38. No. 2. 147

OCCASIONAL TENANTS. |

















Names.
S 6) q
wy, ol oe :
3 Z| no a °
an a 3 a
2s OS Total Agent's ie 3
xo +2 fy : 8 eh
« §| Amount. Bee Rent Months. Com- |§ Remarks.
2 oO] > %/} Collected. mission |§ a
S& 38 Paid. |>2
bo | ie fea} | ald. 3 faa)
<5) $ ' $ $ ps
|
an —— - —__—__—]|—_. —|—-——. —
July
August |
|
! September ...
| |
October 1

November ... |

|
| oo TT Se
| |
| i
| |

I hereby certify that the above is a true and correct record in respect of rents collected and
Agent’s Commission paid to the 31st December, 19
Dated (Signed)

10 (2)







Secretary.
148 Ch. 38. No. 2.] Irriendly Soctettes.



No.
Register of
The
ENTRANCE FEE MEMBER'S SURNAME MrMBER’'S CHRISTIAN NAMES
Year. Arrears, January. | February. March. | April. | May.

Brought
forward

Contribution

Management Dues

Death Levies . : | |

Fines ran i

Card a ne ne |





Anniversary Levy



Goods

Building Dues Account... i
Banner Dues
Registration = 7 i
Rule Book wee rn |

Other Charges

Doctor

Medieime ..
Sick Rehet
Maternity
Dental

Optical
Dependant Death Benefits

Other Benetits ... 7
Friendly Societies, |Ch. 38. No. 2. 149



I+.

Members.
Friendly Society.

rte nearer

ADDRESS DaTE OF ADMISSION Ronus Pap, $ No
No.

"Arrears.

i
| | Carried
|
{
|



June. | July | August. September.) October. November, | December. |

forward.



| | ee oe ae
| |
| |
' _ — —$———
| '
!

'

' |












No. 15.
Reg. No.
FRIENDLY SOCIETIES ORDINANCE. Section 109 (,.,
Register of Nominees and Dependants of Members
of the Friendly Society.
Reg. Name of Names of Date of Remarks. Names of Age of Relationship. _ Date of Remarks.
No. Member. Nominees. Nomination. Dependants. Dependant. Registration.
i
\
)
No. 16.
FRIENDLY SOCIETIES ORDINANCE. {Section 120.;
Record of Levies
of the Friendly Society for the year 19
Reg. No.
Date a Under Amount Amount To whom Payment Balance, : ;
declared. m ns. Rule No. estimated. payable. i is made. if any. Remarks)





—_——
t

OST

['Z°ON “Se "UO

*$auja1a0G Ajpuarary
Friendly Socteties. |Ch. 38. No. 2.

No. 17.
FRIENDLY SOCIETIES ORDINANCE.

The Friendly Society.

Keg. No.

List of Bonus Payments to Members who have not Drawn Benefits
during year 19

Bonus Declared $

Name ot Member. Reg. Amount Acknowledg- Remarks,

No. Payable. ment.

| | |



\
\

N.B.--The mark or signature of an illiterate person in receipt of bonus must be
witnessed by an independent person who shall affix his signature in the “ Remarks”

column,

151

(Section 120)
No. 18. (Section 120)

FRIENDLY SOCIETIES ORDINANCE.
The Friendly Society.
Reg. No.
List of Bonus Payments to Members who have drawn Benefits during the year 19 .

Bonus Declared $

{ \ Depections oF AMouNTs Drawn —



| i BY MEMBER DURING THE YEAR. |
Reg. | ~ - ——_————__ Balance
Name of Member. j No. Medical Dental Dependant Payable. Acknowledgment.’ Remarks.
I Attendance Sick and Death and i
i and Relief. Optical other i
\ Medicine. Benefits. Benefits. i

pO
P|
ee

N.B.—The mark or signature of an illiterate person in receipt of bonus must be witnessed by an independent person who shall affix his
signature in the ‘‘ Remarks ” column.



'



cSt

'Z°ON “SE “UD

*$91991906 Appuarasy
Friendly Societies. [Ch. 38. No. 2. 153



No. 19,

Prienpiy Socnry.

Morro: (if any)

Established:

Registered:

CONTRIBUTION GARD.

19

Reg. No.

Name of Member:

Address:

Date of Admission:
President,

Secretary.

MEETINGS.

General Meetings are held every (give days and hour appointed)

Regular Meetings (if any)


th. 38. No. 2.|

(

154

Irricndly Soctettes.

s

Rule Book:

Arrears to













m <= ~ nL a = - we oy





Lo co ee a = = ne Bi aa =
~~ mE 7 OEM

N.B.— Please check your Card,
) Toran §

No. 2.

sea |
$ AIeye129g

‘SOEIeYY 1eyIG

h. 38.

x
4

|C

LonEsizay

end dauueg





ear
feng suipng

‘Spoor

$
|
|
|

Friendly Socteties.
[
5
“

ntrance Fee
{
|
1

i
f
=
>
&
—
|
“3
NY
$
a

sang
USUISEeUeTK

“‘uolynquyugg

61
seq

\rreats to

S4IVAy | — 78















Please check your Card,



N.B.







20
156

(Section 50.)

Ch. 38. No. 2.| Fricndly Societies.

ARREARS TO Jist Decemnkr, 19 .

ws

Contribution
Management Dues
Death Levies
bines

Card

Anniversary Levy
Goods

Building Dues Account
Banner Dues
Repistration

Kuie Book

Other Charres
Vorat

Appress oF REGISTERED OFFICE:

NOB. Thus Card must be returned to the Secretary at the Registered Office of
the Society not later than the 3tst day of January, Lo, inclusive. Fathure to
retin the same within the appointed time renders the holder liable to a fine of $1.20,

PART IV,
No. 20.
ERIENDLY SOCTETIES ORDINANCE.

Form of Bond.

Know all men by these presents, that We, A.B. of , one of the otticers
ot the Society (or of the branch of the Society) having
its registered othee at Jan the county of and C.D. of (as
surety on behalf of the said AB.) are jointly and severally held and firmly bound
to bE ot WGA of Wand TAK, of . the trustees of the said
Socrety (or branch), im the sum of to be paid to the said E.Â¥.,G.H. and

LIK. as such trustees or their successors, trustees for the time being, or their certain
attorney: for which payment well and truly to be made we jointly and severally
bind ourselves, and cach of us by himself our and each of our heirs, executors,
and admuamstiators, Girmly bv these presents,

Dated the day of in the vear of Our Lord

Whereas the above bounden A.B. has been duly appointed to the ottice of

ot the Society (or ot the branch of the Society) having its
reeistered othee situate as aforesaid, and he, together with the above bounden C.D.
as his surety, have entered inte the above written bond, subject to the condition
herematter contamed: Now theretore the condition of the above written bond is
such, that if the said A.B. do render a just and true account of all moneys received
and paid by hint on account of the said society (or branch), at such times as the
rules thereot appoint, and do pay over all the moneys remaining in his hands, and
assign and transter or deliver all property (inchiding books and papers) belonging
to the said society (or braneh) im his hands er custody to such person or persons
as the said sectety (or branch), or the (rustees or committee of management thereof,
shall appoint, according to the rules of the said society (or branch), together with
the proper and legal receipts or vouchers for such payments, and likewise also during
every consecutive term of the said office of held by the said AJB. in the
said Society or branch, then the above-written bond shall be void, otherwise
shall remain in till foree.



Signed and delivered in the presence of (two witnesses).
wa
“I

Friendly Societies. [Ch. 38. No. 2. 1



No. 21. (Section 120)

FRIENDLY SOCIETIES ORDINANCE.



Inspection and Administration Report of the Gommittee of Management
of the Friendly Society

June 30th

1a
scember 3ist

tor Half-Year ending D
iS

TRINIDAD AND Toraco.

Reg. No. of Society.

To THE REGISTRAR OF FRIENDLY Socrettrs,
TRINIDAD AND ToRAGO.

We the undersigned officers and members of the Committes of Management of
the Vriendly Society have personally inspected the books of account and
checked the funds and effects of this Society, and are satistied that the work and
attairs of the Society have been satistactorily carried out during the six (6) months

: Tune 30th) :
ended : = 19), and that all the records and books of account thereat
December 31st

are being properly kept and posted.

2. The system of account laid down for the Society has been duly observed and no
irregularities have come to our notice. No part of any fund has been applied directly
er indirectly for any purpose other than that to which it is applicable under the
rules of the Society.

3. We have also personally checked the deposits in the Bank and the amount
June 30th

19, and have found the
December 31st

of money in the Treasurer’s hands as at

Baie to be:

Amount at Bank $§
Amount in Treasurer's hands $
As Witness our hands this day ot 19
President or Chief Executive Officer, Member of Commitice of Managemen?
Vice-President, Member of Committee of Management,
Treasurer, Member of Commitice of Management.
Trustee. Member of Committee of Managemen,
Trustee, Member of Committee of Management,
Secretary, Member of Committee of Management.

Managemen,

=,

wlsst. Sceredary (it any) Meniber of Conimittce of




of the
Reg. No.
| Reg. |
Date. | a | Name of Member. Doctor.
| §

|

No. 22.
FRIENDLY SOCIETIES ORDINANCE.

Record of Benefits Paid to Members
Friendly Society, for the month

Medi- | Sick | Mater-

cine. | Relief. nity. Poa: pacar





ss $ $ $i s



| |
| Dependant, Other

19



(oz uonsas)

|
| Total. | Remarks.
5
|
}

Death |
' Benefits. enens
$ | $ |
|
i |
I

[CZ ON “se "4D

SST

"$90J0190G Ajpuata
Friendly Societtes. [Ch. 38. No. 2. 159
PART V.
No. 23.
FRIENDLY SOCIETIES ORDINANCE.
Form of Receipt to be Endorsed on Mortgage or Further Charge.

‘TRINIDAD AND TOBAGO,

The trustees of the Society (or the branch of the Society)
hereby acknowledge to have received all moneys intended to be secured by the
avithin (or above) written deed.

Signed: (Signature of Trustees)
Trustee,

Trustee.
Countersigned: (Signature of Secretary)
Sceretary.

PART VI.
No. 24.
FRIENDLY SOCTETIES ORDINANCE,
Summons under Sections 41 (2) and 63 (2).

TRINIDAD AND TORAGO.

OFFICE OF THE REGISTRAR OF FRIENDLY SOCIETIES,
PortT-OÂ¥F-SPAIN,

IN tHe MATTER oF A Dispute UNDER THE FRIENDLY SOCIETIES ORDINANCE

Between :
Applicant
And

Respondent.
Whereas application has been made to me the undersigned, Registrar of Friendly
‘Socicties for the Colony of Trinidad and Tobago, that (Give subject matter of

slispute]
Take Notice that you are hereby required to attend before me at the above-named
‘Office at on the day of , 19°), to answer the = said

application on the part of

AND FuRTHER TAKE Noricr that if you do not appear at the time and place
mentioned such order will be made notwithstanding your absence as to the Registrar
may appear just or expedient.

Dated the day of , 19

Registrar of Friendly Societies,
Trinidad and Tobago.

To:

N.B.—You are required to bring with you all books, papers or other documents
you may have in your possession relating to the above matter.

Should the Respondent require evidence in defence, notice must be left at the
aabove Office of the names and residences of the witnesses without delay.
160 Ch. 38. No. 2.| Friendly Societies.

(Section No. 25.
63 (1).)
PRIENDLY SOCIETIES ORDINANCE.

Notice and Requisition,
Orrick oF rhe REGISTRAR OF FRIENDLY SOCIETIES,
PorrT-OF-SPAIN,
Dispure
Between
And
an otficer/othcers of Phe Friendly Society.

Register No.

Take Norice that tL shall proceed by myself to hear and determine the matter in
dispute herein mentioned, which has been referred to me pursuant to section 63 (1) of
the Priendly Societies Ordinance, on the day of , 19,
at the hour of inthe forenoon, at my office at :

And further Take Norice that 1 shall require the attendance of all parties

concerned, and of their witnesses, and as well the production of all books, documents
and material objects relating to the matter in question,

Dated the day otf , 19
Registrar of Briendly Sovicties.

Marrer in Dispur,

‘To:

And to:

No. 2o.
EPREENDLY SOCLE TIES ORDINANCE,
Summons to Witness.
TriIntDAD anp ToRAGO.
Orrick or rie ReaGisrrar oF FRIENDLY SOCIETIES,
Port-or-SPain,
Disrure UNDER PRIENDLY SoctETIES ORDINANCE

Between

Applicant.
And

Respond



To:

ot



Whereas appheation has been made to me the undersigned Registrar of Friendly
Societies for the Colony of Trimdad and Tobago to hear the following dispute :—
isfate shortly the substance of the dispute} and it has been made to appear
to me that you are likely to give material evidence on behalf of the applicant (or
respondent) in this behalf:
Chis is to require you to be and appear at o'clock, on day the
day of , 19 » before me at the above-named Office to testify
what you know concerning the matter of the said application, and to produce the
following books and documents [stufe fhe).

Dated this day of , 19 .

Registrar of Friendly Societies,
Vrinidad and Tobago.
Friendly Soctettes. [Ch. 38. No. 2. 161

No. 27.
FRIENDLY SOCIETIES ORDINANCE.

Summons under Section 73.

TRINIDAD AND TOBAGO.

OFFICE OF THE REGISTRAR OF FRIENDLY SOCIETIES,
PORT-OF-SPAIN,

To:
of

Whereas it doth appear necessary or expedient to hold an inquiry into the
constitution, working or financial condition of the Friendly Society (and
the position or standing of therein).

Take Notice that you are hereby required to attend before the Registrar (or

being a person or persons authorised by the Registrar) at on

the day of , at the hour of for the purpose of the said
inquiry.

AND FurRTHER TAKE Notice that if you do not appear at the time and place
mentioned, proceedings may be taken against you in accordance with the provisions

~

of section 73 (8) of the Friendly Societies Ordinance.
Dated the day of , 19

Registrar of Friendly Societies,
Trinidad and Tobago,

(or Authorised person).

No. 28.
FRIENDLY SOCIETIES ORDINANCE,

TRINIDAD AND TOBAGO.
OFFICE OF THE REGISTRAR OF FRIENDLY SOCIETIES,
PoORT-OF-SPAIN,

Determination and Order.
In THE Marrer or a Dispute
Between
Applicant.
And
Respondent.
This Matter having been referred to me pursuant to the Friendly Societies
Ordinance, or Application having been made to me pursuant to the Friendly Societies
Ordinance, IT, , Registrar of Friendly Societies, order and determine as
follows: —
Given under my hand this day of ,19 i,
Registrar of Friendly Societies,
Trinidad and Tobago.
N.B.—Under the Friendly Societies Ordinance, and the Regulations made
thereunder, application for the enforcement of this Order may be made toa Magistrate
for the County of sitting therein.

T.—-VI. 11
Ch. 38. No. 2.] Friendly Societies



No. 29.
FRIENDLY SOCIETIES ORDINANCE.

Process before Magistrate under Section 76 (1).
TRINIDAD AND TOBAGO.
IN THE MaGISTRATE’S CourRT HOLDEN aT

IN THE MATTER OF THE FRIENDLY SOCIETIES ORDINANCE, SECTION 76 (1)
AND
IN THE MATTER OF THE APPLICATION OF

Take Novice THAT you are hereby required to attend before His Worship the

Magistrate of the County of at the Magistrate’s Court of , on

, the day of , 19 , at the hour of o'clock in
the forenoon on the hearing of an application on the part of for an order
that :—

AND FuRTHER TAKE NoTICcE THAT if you do not appear at the time and place
mentioned such order will be made notwithstanding your absence as to the Magistrate
May appear just or expedient.

Dated the day of ,19
To:

Friendly Society.
{or as the case may be} Applicant.
Applicant's -iddress.

No. 30.
FRIENDLY SOCIETIES ORDINANCE.
Notice before Cancelling or Suspension of Registry.

Name of Society:
Register No.
Notice is hereby given to the above-named Society that it is the intention of the

Registrar to proceed on the day of » 19 = (not being less than one
calendar month after service hereof—sec. 74 (4)) to cancel or to suspend (for any term
not exceeding three months—sec. 76 (2)) the registry of the Society, unless cause be

shown to the contrary in the meantime.

The ground of such cancelling or suspension is that the acknowledgment of registry
has been obtained by fraud or issued in mistake, or that the Society exists for an
illegal purpose, or has wilfully and after notice from me violated the provisions of
the Friendly Societies Ordinance or has ceased to exist.

AND FurRTHER TAKE NotIce that immediately upon such cancellation or suspension
of registry all realisable personal property of the Society must be delivered, and full
particulars of all other the realisable property of the said Society must be submitted
to the Registrar or his nominee.

Dated this day of , 19
Registrar of Friendly Socicties.
To:
The
Friendly Socteties [Ch. 38. No. 2.

163



No. 31.
FRIENDLY SOCIETIES ORDINANCE.
Advertisement for Cancellation or Suspension of Registry.

Norice is hereby given that the Registrar of Friendly Societies has, pursuant to
section 76 of the Friendly Societies Ordinance, by writing under his hand dated
this day of , 19, Cancelled (or Suspended) for [state the term]
the Registry of the Society, Register No. , held at

The Registry of the said Society has been cancelled on the ground that

The Society (subject to the right of appeal given by the Ordinance) shall cease to
enjoy (during such suspension) the privileges of a registered society but without
prejudice to any liability incurred by the Society, which may be enforced against
it as if such cancellation or suspension had not taken place.

Dated this day of , 19
Registrar of Friendly Societies.

No. 32.
FRIENDLY SOCIETIES ORDINANCE.
Advertisement of Dissolution of Society by Instrument.

TRINIDAD AND TOBAGO.

OFFICE OF THE REGISTRAR OF FRIENDLY SOCIETIES,
PoRT-OF-SPAIN.

Notice is hereby given that the (branch of the) Society, Register
No. , having its registered office at , in the Island of is
dissolved by Instrument, registered at this office the day of

19, unless, within three (3) months from the date of the Royal Gazette in which
this advertisement appears, proceedings be commenced by a member or other
person interested in, or having any claim on, the funds of the said Society to set
aside such dissolution, and the same is set aside accordingly.

Dated this day of 19

Registrar of Friendly Societies,
Trinidad and Tobago.

No. 33.
FRIENDLY SOCIETIES ORDINANCE.

Advertisement to Creditors of Friendly Society upon its Dissolution to
Submit their Claims to Registrar.

Name of Friendly Society:
Register No. :

Pustic Notice is hereby given that all creditors of the above-named Society,
and all persons claiming sick relief, death or other benefits assured by the Society,
are required within fourteen days of the date of the first publication of this notice,
to submit their claims verified by affidavit to the Registrar of Friendly Societies
to be dealt with by him in the manner prescribed by section 76 (9) of the above
Ordinance.

Dated this day of , 19
Registrar of Friendly Societies.

11 (2\
164 Ch. 38. No. 2.] Friendly Soctettes.

TT

(Section 76.) No. 34.
FRIENDLY SOCIETIES ORDINANCE.

TRINIDAD AND TOBAGO.

OFFICE OF THE REGISTRAR OF FRIENDLY SOCIETIES,
PorT-OF-SPAIN.

Suspension or Renewal of Suspension of Registry.
Name of Society:
Register No. :
The registry of the above-mentioned society is hereby (further (*)) suspended for

(any term not exceeding) three months from this date on the ground that (here state
the ground of suspension as in Form 30).

Dated this day of , 19
Registrar of Friendly Socteties.

* This word will be inserted only in case of renewal of suspension.

(Section 70.) No. 35.
FRIENDLY SOCIETIES ORDINANCE.

TRINIDAD AND TOBAGO.
OFFICE OF THE REGISTRAR OF FRIENDLY SOCIETIES,
PoRT-OF-SPAIN.
Cancelling of Registry.

Name of Society:
Register No. ;

The registry of the above-mentioned Society is hereby cancelled at its request (or
as the case may be. The Registrar may, if he thinks fit, add a statement as in
Form 30 of the ground of the cancelling).

Dated this day of , 19
Registrar of Friendly Societies.

FOURTH SCHEDULE.
PART I.
Fees to Registrar.

There shall be payable in advance to the Registrar for matters to be
transacted and for the inspection of documents under the Friendly
Societies Ordinance, the following fees:—

$
On every application to register a Society under section 7... 10.00
Examining rules submitted with the object of registration
under séction 7 wee ve wee Lee oa ... 10.00
Friendly Societies. [Ch. 38. No. 2. 165



Registering rules of Society under section 7 ... oes aes 48
Granting a certificate of registry of rules of a Society under

section 7 ie om ote be a ee ae 48
Issuing to a Society an acknowledgment of Registry under

section 9 ae ~ _ cas _ or _ 48

Examining any proposed alteration or amendment of rules
under section 11:

Not exceeding five (5) rules... ie oa .. 1.80
Exceeding five (5) rules... sa aos si .. 3.60
Registering amended rules under section 11 ... age oes 42
Issuing to Society acknowledgment of Registry of amended z
rules and that same are not contrary to section 11 12
Registry of Branch Societies under section 14 au3 .. 2.40
Acknowledgment of Registry of Branch Society and of
amendment of Branch Rules See tes nee .. 1.20
Issuing certificate of change of name ... se) ee .. 1.20
Registration of each new Trustee or new Trustees registered
together hoe oe ays ss es as bis .60
On sending each year to the Registrar a return under
section 26 of the Ordinance ... ae = “a .. 1.80
On submission of return following upon quinquennial
valuation under section 29... et rer ie .. 2.40
Supplying bonds to Officer under section 50 ... ee aoe .24
Copy of a bond certified under the hand of the Registr.
including certificate of lodgment _ ... ne eee ae 24

For every document required to be signed or authenticated
by the Registrar not chargeable with any other fee w» 1.20

For every copy or extract of any document in the custody of
the Registrar for every One hundred and twenty (120)
words in addition to the fee for the signature or authenti-
cation of the Registrar oa: oie tee ws ae 24

For every inspection of any document relating to one and
the same Friendly Society: Provided that the Registrar
may dispense with the fee for inspection of documents
in cases where he may consider it for the public interest
to do so or for other good and sufficient reason ... re .60

On the hearing and determining of disputes under section 63
a fee not to exceed... < — see sie .» 15.00

Provided that the Registrar may in any case in which good cause
appear to him for so doing, either remit any part of such fees or suspend
payment thereof, until the conclusion of the hearing of such matters in
dispute, in which case he may then award such fees or any part thereof
166 Ch. 38. No. 2.] Friendly Soctettes







to be paid as expenses in the manner provided by section 63 of the
Friendly Societies Ordinance.

Hearing of application of Trustees desiring caeeens $
or transfer of engagements under section 65 es 2.40

For an order of the Registrar dispensing with ene:
consents or conditions for an en or transfer

of engagements oa 5.00:
Registration of copy of peel aeechnce as Menirandun

of Association under section 66 bey : 1.20
For registry of an instrument of desnaton or seen

therein ... : ve .. 5.00:
Cancelling of Reastae of Sau s on Conversion into a

Company under section 66 ... te a ee 5.00
Registration of Special Resolution under Seed 70 a .60

On the cancelling or suspension of Registry under section 76 2.40
On the application of moneys in hand following the cancelling
of Registry of a society under section 76—A commission
of 10 per centum of the moneys so to be applied by the
Registrar.
Registration of dissolution of Society and making award
under sections 77 and 78... ‘ .. 15.00
Attendance in Court on any capes. to fcducea any file,
form, record, return, register, account or any other
document in the custody of the Registrar ... ies .. 2.52

NotE.—No fee is payable for any document or copy of a document
supplied to a public department.

PART II.
Auditors’ Fees.

FrrEs PRESCRIBED UNDER SECTION 120 OF THE
FRIENDLY SOCIETIES ORDINANCE.

1. The undermentioned fees shall be payable to Auditors nominated
or approved by the Governor for auditing books and accounts of Friendly

Societies :—
$
(a) When a Society consists of fifty members or less .. 15.00
(b) When a Society consists of more than fifty and not more
than two hundred members:
for the first fifty members... . .. 15.00
for each additional Pane -five or part re towenty-
five members... . oe : : 5.00

(c) When a Society consists ‘s more aha two hanes
members and not more than one thousand members:
for the first two hundred members ... sea .. 45.00

for each additional fifty or part of fifty mene 5.00
Friendly Socteties [Ch. 38. No. 2.

(d) When a Society consists of more than one thousand

members: $
for the first thousand members es ae ... 125.00
for each additional hundred or part of one hundred
members a a see oes ws =e 5.00

2. No charge shall be made for travelling or other out-of-pocket
expenses, save with the express leave of the Registrar.

3. The scale of fees given above shall not apply to an accountant
appointed by the Registrar under section 71 of the Friendly Societies
Ordinance, payment for whose services shall be fixed by the Registrar.

4. The fee payable in respect of the audit of the books and accounts
of the district head office of an affiliated order or central body of a society
with branches shall be ten dollars ($10.00).

167
168 Ch. 38. No. 3.] Friendly Societies Housing Corporation.

CHAPTER 38. No. 3.
FRIENDLY SOCIETIES HOUSING CORPORATION.

ae ne AN ORDINANCE TO MAKE PROVISION FOR THE ESTABLISH-
— MENT OF A STATE-AIDED FRIENDLY SOCIETIES HOUSING
CORPORATION, AND TO PROVIDE FOR THE MAKING OF
LOANS TO FRIENDLY SOCIETIES TO ENABLE THEM TO
ERECT SOCIETY HALLS, OFFICES AND PLACES OF MEETING
AND TO THE MEMBERS OF SUCH SOCIETIES TO ASSIST
THEM IN ACQUIRING, PROVIDING OR IMPROVING HOUSING
ACCOMMODATION FOR THEMSELVES AND THEIR FAMILIES,

AND IN DISCHARGING ENCUMBRANCES AND CHARGES.

Commence- [25th May, 1950.]
ment. ~
PART I.
PRELIMINARY.
Short title 1. This Ordinance may be cited as the Friendly Societies

Housing Corporation Ordinance.

Interpre- 2. In this Ordinance

tation.



‘Board ’’ means the Friendly Societies Housing
Board as hereinafter constituted;

‘“ borrower ’’ includes a society;

‘Corporation ’’’ means the Friendly — Societies
Housing Corporation constituted under this Ordinance ;

‘election ’’ means an election of a member or
members of the Board and includes the election of
any delegate to a conference of delegates;

“land ’’ means—

(a) land held on freehold tenure;

(b) land held on lease of which the unexpired
term is not less than twenty years;
Friendly Societies Housing Corporation. [Ch. 38. No. 3.

“leasehold” means land held under lease with an
unexpired residue of not less than twenty years;

“member ” means a person admitted to membership
of a friendly society which is a shareholder in the
Corporation;

“member eligible for a loan”? means a financial
member of a friendly society registered under the
Friendly Societies Ordinance, who has been for at
least five years consecutively previous to an application
for a loan under the provisions of this Ordinance,
financial on the books of such friendly society;

“ Registrar’? means the Registrar of Friendly
Societies appointed by the Governor under the pro-
visions of the Friendly Societies Ordinance;

“ society ’’ means a friendly society registered under
the Friendly Societies Ordinance, which is a share-
holder in the Corporation, and includes an amalgamated
society under this Ordinance.

PART II.

THE FRIENDLY SOCIETIES HousinG CORPORATION AND
THE FRIENDLY SOCIETIES HousinG BOARD.

3. (1) For the purposes of this Ordinance there shall be
established a Corporation to be called the Friendly Societies
Housing Corporation (hereinafter referred to as “the
Corporation ’’) which shall be a body corporate with
perpetual succession and a common seal which shall be
officially and judicially noticed and with power to acquire
and hold, sell, convey, transfer, assure, lease, assign or
otherwise dispose of or deal with any land or any interest
or term therein or any other property, real or personal.
The seal shall be authenticated by the signature of the
Chairman of the Board, or in his absence, by the Vice-
Chairman of the Board, and one other member of the
Board authorised in that behalf by the Board.

(2) The Corporation may sue and be sued in their
corporate name and may for all purposes be described
by that name. Service of any process or notice on the
Corporation may be effected by leaving the same at the
office of the Board with the Secretary of the Board as
hereinafter provided.

169

Establish-
ment of the
Corporation,
170

Ch. 38. No. 3.] Friendly Societies Housing Corporation.



Corporation
to act
through
Board.

Constitution
of the Board.

4. The Corporation shall, in the exercise and performance
of their powers and duties under this Ordinance, act by a
Board to be called the Friendly Societies Housing Board,
hereinafter referred to as the Board.

5. (1) The Board shall consist of eight members, four of
whom shall be appointed by the Governor in Council, and
the remaining four elected by the societies. The Governor
in Council shall fix a day for the first appointment and
election of members of the Board and thereafter subject
to the filling up of vacancies in manner hereinafter appear-
ing, the appointment and election of members of the Board
shall take place regularly every two years. The members
of the Board shall remain in office until new appointments
or elections as regards their respective offices are made or
carried out.

(2) The Governor in Council shall appoint firstly four
members of the Board for the periods following, that is to
say, two for a period of four years each and two for a period
of two years each. At the expiry of the said period of two
years appointments to fill the seats of the two members
retiring shall be made by the Governor in Council for a
period of four years and thereafter at the end of every period
of two years like appointments in respect of the two
members retiring: Provided that in the event of a casual
vacancy caused by death, resignation, disqualification,
expulsion or otherwise, occurring on the Board among the
members appointed by the Governor in Council the said
vacancy shall be filled up by an appointment by the
Governor in Council but any person so appointed shall
retain his office so long only as the vacating member would
have retained the same if no vacancy had occurred. A
casual vacancy shall not include any vacancy caused by
retirement in rotation in manner herein appearing.

(3) The Governor shall appoint from among the
members of the Board a Chairman and a Vice-Chairman
who shall hold office during the Governor’s pleasure so
long as they remain members of the Board. The Vice-
Chairman shall officiate as Chairman in the absence or
inability to officiate of the Chairman. In the absence or
inability to officiate of the Chairman and Vice-Chairman,
Friendly Societies Housing Corporation. [Ch.38. No. 3.



the Governor may appoint some other member of the Board
to officiate, temporarily as Chairman. Every meeting of
the Board shall be presided over by the Chairman. The
person so presiding shall have a vote as a member of the
Board, and, if there is an equal division of votes on any
question, also a casting vote.

(+) Subject to the provisions of this Ordinance, every
member of the Board shall, unless he sooner dies, or sooner
resigns his office or ceases to hold office for any cause or
reason pursuant to the provisions of this Ordinance by
notice in writing to the Board, hold office for four years
from the date of his appointment or election, but shall be
eligible for re-appointment or re-election from time to time.
In the event of a member dying or sooner resigning his
office or ceasing to hold office the Board shall notify in
writing to such effect the Colonial Secretary if such member
was an appointed member or the Registrar if such member
was an elected member.

(5) If a vacancy occurs on the Board the vacancy shall
be filled in the manner provided under this Ordinance:
Provided that if the vacancy is not filled, the acts of the
remaining members shall not be thereby invalidated so long
as the number of remaining members shall not fall below
five. The proceedings of the Board shall not be invalidated
by any defect in the election of members to the Board or
in the election or selection or qualification of any members
thereof.

(6) Any member of the Board nominated by the
Governor in Council may at any time by order of the
Governor in Council be removed from office and from the
date of such order the member named therein shall cease
to be a member of the Board.

(7) The Board shall cause to be kept minutes of the
proceedings of all its meetings.

(8) The Governor in Council shall direct whether
any and what remuneration is to be allowed the members
of the Board for their services, and may vary, increase or
diminish such remuneration as he may think fit. All such
allowances shall be paid out of the moneys of the Corpora-
tion.

171
172

Ch. 38. No. 3.] Friendly Societies Housing Corporation.



Election of
members to

the Board by

Societies,

6. (1) The election of members of the Board by societies
shall take place in the manner following :—

(a) Every society shall at a special meeting elect
biennially one or more persons as delegates to a
conference of delegates according to the number of
its members, that is to say, any society shall elect
in respect of its membership one delegate for the
first thousand members or part thereof and an
additional delegate for each additional thousand
members or part thereof.

(L) For the purposes of the preceding paragraph the
membership of a society shall be based on the Return
to the preceding 31st of December made to the
Registrar under section 26 of the Friendly Societies
Ordinance: Provided that an amalgamated society
(more particularly referred to in Part III of this
Ordinance) shall be considered and treated as one
society irrespective of the number of individual
societies comprising it and the number of delegates
available to every such amalgamated society shall be
ascertained by the ageregate of its collective member-
ship.

(c) The members of the Board shall be chosen by
ballot by and from the delegates elected to the
conference of delegates and upon confirmation by the
Registrar shall be deemed duly elected.

(2) A person may be elected as a delegate to the
conference of delegates and may be elected at a conference
of delegates to be a member of the Board even though he is
not a member of a society. A member elected to the
Board at a conference of deleg yates shall not cease to be a
member of the Board by reason merely of his ceasing to be
a member of a society.

(3) (a) Save as otherwise herein provided a conference
of delegates shall be held every two years. The Registrar
shall fix the date, time and place of every such conference.

(b) All delegates elected to a conference of dele-
gates shall continue and serve as elected delegates to any
conference of delegates called for the purpose of filling up
casual vacancies occurring in the Board within a period
of two years after the election; and every such conference
Friendly Societies Housing Corporation. [Ch. 38. No. 3. 173
ape ee eee ee

of delegates called for such purpose shall have power to
fill up casual vacancies notwithstanding the death, resigna-
tion, disqualification, expulsion or otherwise of any delegate
or delegates thereto.

(c) The first conference of delegates to be elected
in the manner herein provided shall elect four members
to the Board. Of the first four members so elected two
shall retire from office at the expiry of two years. The two
members to retire as aforesaid shall, unless the elected
members of the Board agree among themselves, be deter-
mined by lot; at the end of every subsequent biennial
period the two delegates who have been longest in office
shall retire. Retiring members shall be eligible for re-
election.

(d) Every subsequent conference of delegates shall
fill up the two offices vacated by retirement by electing a
like number of persons. If at any conference of delegates
at which an election. of members to the Board ought to
take place, the places of the vacating members are not filled
up, the conference shall stand adjourned to such day, time
and place, not being more than fourteen days thereafter,
as the Registrar shall determine, and if at such adjourned
conference the places of the vacating members are not filled
up, the vacating members shall continue in office until their
places are filled up in manner herein provided.

(e) Any casual vacancy caused by death, resigna-
tion, disqualification, expulsion or otherwise, occurring
among the elected members of the Board, shall be filled up
by the then existing conference of delegates which, in
accordance with instructions received from the Registrar,
shall proceed in the manner provided under regulations
made hereunder to the election of a member to take the
place of the vacating member but any person so elected
shall retain his office so long only as the vacating member
would have retained the same if no vacancy had occurred.
A casual vacancy shall not include any vacancy caused by
retirement in rotation.



(+) The Registrar shall issue instructions to societies,
give directions and take all steps necessary for carrying out
the election of delegates to the conference of delegates and
shall supervise personally or through some person appointed
in writing under his hand the election of members to the
174

Ch. 38. No. 3.] Friendly Societies Housing Corporation.



Decisions of
the Board.

Board by the conference of delegates: Provided that for
the purposes of organising the Corporation every registered
friendly society shall be entitled to take part in the election
of delegates to the first conference of delegates irrespective
of whether it shall later hold shares in the Corporation or
not, and the provisions of paragraph (a) of subsection (1)
hereof shall have effect with regard to the number of
delegates to which every such friendly society is entitled.

(5) The Registrar may from time to time make such
regulations as he may think necessary for carrying out the
elections of members of the Board, provided however, that
no such regulations shall be inconsistent with any of the
provisions of this Ordinance. Regulations made under this
section shall not have any force or effect until approved by
the Governor in Council and published in the Royal Gazette.

(6) The Regulations contained in the Second Schedule
hereto shall be deemed to have been made and approved
under this section and shall until the same be rescinded,
amended or varied by the Registrar, be in full force and
effect.

(7) Save as hereunder otherwise provided the necessary
expenses attendant on any election of members of the Board
and such reasonable remuneration to the Supervisor of
Elections, election clerks and other persons referred to in
the Second Schedule hereto for services performed shall be
paid by the Board out of the funds of the Corporation.

(8) No fee whatsoever shall be chargeable by a com-
missioner of affidavits or be payable by means of stamps to
be affixed in respect of any statutory declaration or affidavit
required to be sworn before a commissioner of affidavits or
justice of the peace under the regulations contained in the
Second Schedule hereto or any amendment thereto.

7. (1) Decisions of the Board may be taken at meetings,
or, in cases in which the Chairman shall so direct, by the
recording of the opinions of members on papers circulated
among them: Provided that where papers are circulated the
Chairman may direct that the papers shall not be circulated
to any member who through interest, illness, absence from
the Colony or otherwise is, in the opinion of the Chairman,
incapacitated from voting on such papers.
Friendly Societies Housing Corporation. [Ch. 38. No. 3.



(2) The quorum of the Board at any meeting or for
the purpose of voting on papers circulated shall be five.
No business shall be transacted in the absence of a quorum.

8. (1) (a) The Governor in Council shall appoint a
Secretary to the Board at such salary as he may determine.
(b) It shall be lawful for the Board to appoint and
employ at such remuneration and on such terms and
conditions as the Board may determine, such other officers,
inspectors, valuers, appraisers and other staff as may be
deemed necessary for the proper carrying out of the
provisions of this Ordinance.
(c) The Board may also employ valuers and inspec-
tors on such terms as it may think fit without appointing
them to the staff of the Board.

(2) The Board may require the Secretary or any officer
or servant appointed by the Board to give such security as
the Board may deem proper for the due performance of his
duties.

(3) The Board may, subject to such terms and condi-
tions as it may think fit to impose and with the approval of
the Governor in Council, provide for the establishment
and maintenance of a provident fund for the benefit of the
officers and servants of the Board, and for that purpose
may make arrangements with an insurance company.

9. (1) No person shall be capable of being elected a
member of the Board or, having been elected, shall sit as a
member of the Board, who at the time of his selection—

(a) is an undischarged bankrupt or has suspended
payment of his debts or made a composition with his
creditors; or

(o) is a person adjudged to be of unsound mind or
detained as a criminal lunatic under any law in force
in the Colony; or

(c) is a person who has at any time been convicted
of treason or felony or of any offence involving dis-
honesty, and has not received a free pardon.

(2) The office of a member of the Board shall be
vacated—
(a) if he shall become bankrupt or shall suspend

175

Officers and
servants of
the Board.

Disqualifi-
cation.

Vacation of
office.
176

Misconduet.

Ch. 38. No. 3.] Friendly Societies Housing Corporation.

payment of his debts or shall make a composition
with his creditors; or

(b) if he shall be adjudged to be of unsound mind or
detained as a criminal lunatic under any law in force
in the Colony; or

(c) if he shall be absent from the usual meetings of
the Board for the space of three consecutive months
without the consent in writing of the Chairman of the
Board: or

(d) if he is concerned in or participates in the profits
of any contract or arrangement with the corporation:
Provided however that no member of the Board shall
vacate his office by reason of his being a member of
any syndicate, association or company which has
entered into contracts with or done any work for the
Corporation and provided further that no such member
shall vote in respect of such contract of work; or

(c) if he shall be convicted of treason or felony or of
any offence involving dishonesty.

(3) [fin the opinion of the Board any person has been
elected to the Board, who is disqualified, or if the office of
any elected member of the Board shall have become vacant
the Board shall declare the office vacant by notice in the
Roval Gazette and shall notify the Registrar of such declara-
tion.

(4) Hf in the opinion of the Board the office of any
member of the Board appointed by the Governor in Council
shall have become vacant the Board shall notify the
Governor in Council, and the Governor in Council may declare
the office to be vacant by notice in the Roval Gazette.

(5) In case the conduct of any member of the Board
at a meeting or otherwise be deemed or found injurious, in
the opinion of a majority of the Board after fair enquiry
into the facts, to the welfare or interests of the Corporation
the Board shall call upon such member to resign, and in the
event of his refusal to do so, the Board may report the same
to the Governor in Council and recommend that the said
member be expelled, and it shall be competent for the
Governor in Council to expel such member. Any member
so expelled as aforesaid shall have no right of appeal.
His place shall be filled by the Governor in Council if he
Friendly Socteties Housing i orporation, [Ch ; (38. No. 3.

had been originally nominated by the Governor in Council,
or if elected by societies, by a by e-election.

10. (1) Every sum payable to the Corporation shall be
ale and received for and on account of the funds of
the Corporation. Receipts for sums paid to the Board may
be signed by an officer of the Board authorised by resolution
of the Board generally or specially in that behalf,

(2) All payments out of the funds of the Corporation
shall be made by officers of the Board authorised by resolu-
tion of the Board generally or specially in that be shalf upon
vouchers signed by the Chairman, or Vice-Chairman,

11, The funds of the Corporation shall be paid into a bank
or banks approved by resolution of the Board and shall, so
far as is practicable, be so paid from day to day: Provided
that officers of the Board generally or specially authorised
in that behalf by resolution of the Board may retain in their
hands sums to meet petty disbursements or for immediate
payment in accordance with the terms of the resolution,

12. Cheques on any banking account of the Corporation
shall be signed by an officer of the Board gene rally or specially
authorised in that behalf by resolution of the Board and
shall be countersigned by the Chairman or Vice-Chairman,

13. (1) Notwithstanding anything contained in this Ordi-
nance it shall be lawful for the Board at any time to use,
expend or apply the funds of the Corporation

(a) in the purchasing, acquiring or holding of land,
absolutely or otherwise, and upon such terms conditions
or stipulations as may be agreed, for the purpose of
laying out or developing the same in lots, plots or
other divisions, for use as a residential area or areas
or for the erection of offices, halls, or places of meeting
of societies or for any other object or purpose not
inconsistent with the provisions of this Ordinance;

(6) in any development, improvement or betterment
of such land or any portion thereof, and in the execu-
tion or carrying out of any work, operations or

T.—-VI. 12

ee

General
financial
provisions,

Funds to be
deposited in
bank.

Cheques,

pepe ion
wf funds,
Management
of Jands.

Board to
provide
buildings,
equipment
ete,

’

Reports to
be forwarded
annually to
the Colonial
Secretary,

Ch. 38. No. 3.] Friendly Societies Housing Corporation.



alterations, ancillary or consequential to such purpose
or purposes;

(c) in constructing, forming, laying, widening, making
or grading any road, roadway, path or means of access
from any such land to a main public road or highway;

(d) in performing or executing any plan, scheme,
work or undertaking which may appear necessary or
expedient for the purpose of carrying out or giving
effect to any of the provisions of this subsection.

(2) If and as long as any property of the Corporation
consists of land the Board shall manage or superintend the
management of such land with full power to appoint and
pay a manager and other persons for the management,
cultivation or maintenance of such land, or any part thereof
either in its existing form of cultivation or plantation or
otherwise and may do all things needful or requisite for the
development, preservation or maintenance of such land,
including the power to lease the whole or any part of the
same, for any purpose and to accept surrenders of such
leases as it in its absolute discretion thinks fit, and any
expenses incurred in the exercise of the powers herein
contained shall be charged against the income of the
Corporation.

14. (1) The Board shall provide buildings, staff, equip-
ment and other facilities necessary for the administration
of the Corporation.

(2) The Corporation may acquire and hold real or
personal property for its actual use and occupation and for
the management or operation of the business of the Cor-
poration, and may sell or dispose of the same, and acquire
other property in its stead for the same purpose.

15. The Board shall once in every year, not later than the
30th of April, furnish to the Colonial Secretary and to share
holding socicties, a report upon the management, adminis-
tration and operation of the affairs of the Corporation
together with a balance sheet and statement of the revenue
and expenditure of the Corporation duly audited by a
Chartered Accountant, a member of the Association of
Certified and Corporate Accountants, the Director of Audit,
Friendly Societies Housing Corporation, |Ch. 38. No. 3.

179



or other person appointed by the Governor made out to the
preceding 31st of December inclusively. The report,
balance sheet and statement of revenue and expenditure
shall be laid before the Legislative Council as soon as possible
thereafter.

16. The Board may make payment ofall or any expenses
authorised by, or incidental to the operation of this Ordi-
nance.

17. Subject to the provisions of this Ordinance and of any
regulations thereunder the Board shall have power by
resolution to provide for all other matters of administration
and procedure.

PART III.
FINANCIAL PRovisIons, RIGHTS AND PowERs.

18. (1) (a) The initial authorised capital of the Cor-
poration shall be one million dollars divided into two
hundred thousand shares of five dollars each to be subscribed
by societies and by the Government in equal ratio. The
original authorised capital may at any time be increased by
such percentages or by such amount as is determined upon
by resolution of the Board, with the concurrence of the
Governor in Council, by the creation of new shares upon
such terms, provisions, and conditions as may appear to be
expedient, provided always that the said increase shall
likewise be subscribed to by societies and the Government
at all times in equal ratio: Provided further that the
Corporation shall not commence operations unless and until
a minimum subscription of one hundred and twenty-five
thousand dollars shall have first been paid up by societies,
and an equal amount contributed by the Government:
Provided also that no further subscription shall be made
unless and until the Board shall have satisfied the Legis-
lative Council of the necessity and desirability for such
further subscription.

(6) The capital of the Corporation shall also
include such sums as may accrue to the funds of the Cor-
poration from their operations under this Ordinance and
the same shall be applicable for all the objects and purposes
of this Ordinance.

12 (2)

Authorised
payments,

Power to
regulate
procedure,

Capital.
180

Investments
by societies

in Corpora-

tion,

Amalgama-
ted societies,

Ch. 38. j No. 3. J Friendly Societies Housing Corporation.



(2) Nothing herein shall be construed to impose any
liability upon His Majesty or the Government beyond the
amount subscribed to the Corporation by the Government.

(1) Notwithstanding anything contained in the
Irie jendy Societies Or dinane ¢, it shall be lawful for a friendly
society registered under the Friendly Societies Ordinance
to invest any part of its funds in the Corporation to the
extent hereunder specified, and every such friendly society
shall make any amendments to its rules as may be necessary
in consequence of the passing of this Ordinance for the
purpose of enabling it to become a shareholder in the
Corporation.

(2) Every friendly society by resolution in general
meeting May invest any part of its funds by the purehi ise of
shares in the Corporation, provided that the Board may from
time to time fix the minimum or maximum amount, or
both, of shares to be held by a friendly society. Purchase
by a friendly society of the minimum amount so fixed shall
confer upon such society and its financial members all the
privileges, benefits, and advantages in addition to partici-
pation in profits as may be available under the provisions
of this Ordinance.

The Board may at any time and subject to the approval
of the Governor in Council refuse to admit any friendly
society to become a shareholder in the Corporation or to
transfer any shares to such society.

20. (1) (a) Subject to the approval of the Board any two
or more friendly societies may by special resolution of both
or all such societies, for the purpose of obtaining the benefits
and_ privileges available to societies and their members
under the provisions of this Ordinance, become amalga-
mated together as one society (herein described as “the
amalgani ited soc iety ’) without any dissolution or division
of the funds or assets of the said societies or either of them
and any property acquired, altered or erected by the
amalgamated society with the aid of a loan from. the
Corporation may be used, jointly and severally, by both
or all such societies but subject to such joint and several
use and enjoyment all such property shall vest in and
become the property of the amalgamated society for all
purposes.

(b) The capital funds of an amalgamated society
shall consist of such shares in the Corporation as the
societies comprising the amalgamated society shall res-
pectively contribute thereto: “Provided that’ ev ery such
society may allot or appropriate to the amalgamated society
any further property, real or personal, by way of security
or guarantee for a loan from the Board to such amalgamated
society.

(c) Every member of every such society shall
have, exercise and enjoy all the rights benefits and privileges
granted or allowable to a member of a society holding
shares in the Corporation under the provisions of this
Ordinance: Provided however, that no such society shall
be entitled in its own right to become a shareholder in the
Corporation so long as it remains a member society of an
amalgamated society.

(2) For the purposes of this Ordinance every amalga-
mated society shall be deemed to be a friendly society within
the meaning,of the Friendly Societies Ordinance and operate
as the same subject tosuch adaptations and modifications of
the said Ordinance as may be necessary or expedient and
shall as respects the administration of its business and
affairs under this Ordinance make proper provisions by rules
to the satisfaction of the Registrar for the government of
such amalgamated society and upon approval of its rules
by the Registrar shall be registered by him under the
provisions of the Friendly Societies Ordinance without the
payment of any fee.

(3) Where two or more friendly societies have become
amalgamated together for the purposes of this Ordinance
the committees of management thereof shall together
elect from among them the committee of management of
such amalgamated society which shall comprise the officers
following, that is to say, a president, a vice-president, a
secretary, a treasurer, two trustees and six members. The
committee of management of the amalgamated society
shall, upon being elected, without reference to any other
committee of management, society or person whatever,
and subject only to the registered rules of such amalgamated
society, manage, superintend and conduct the business and

Friendly Societies Housing Corporation. [Ch. 38. No. 3.

181


182

Ch. 38. No.3.] Friendly Societies Houstng Corporation.

affairs of the amalgamated society, and the officers thereof
shall. perform, execute and fulfil the functions and duties
of their respective offices in such amalgamated society, in all
respects as the officers respectively of a registered friendly
society under the Friendly Societies Ordinance. And
the officers of every amalgamated society shall as respects
this Ordinance be subject to the liabilities and obligations
attaching hereunder to officers of a society which is a
shareholder in the Corporation. The officers of an amalga-
mated society may receive such payment for their services
from the funds of the amalgamated society as the Registrar
may approve.

(4) Every amalgamated society shall—

(a) cause full and true accounts to be kept of all
sums of money received and expended by the amalga-
mated society and the matters in respect of which such
receipt and expenditure takes place and of the assets,
credits and liabilities of the amalgamated society ;

(b) keep its books and accounts separate from all
other books and accounts of the societies comprising
the amalgamated society and when required submit
them to audit by an auditor appointed by the Governor
in accordance with the provisions of the Friendly
Societies Ordinance but subject to such adaptations
and modifications of the said Ordinance as may
appear necessary or expedient ;

(c) not later than the 31st of March in every year
prepare a statement of income and expenditure to
the 31st of December in the previous year and a
balance sheet containing a summary of the property
of every description and liabilities of the amalgamated
society up to the said 31st of December. Every such
balance sheet shall, in respect of any loan obtained
from the corporation and the interest thereon, show
the respective contributions due by each of the
societies comprising the amalgamated society and shall
be signed by the president or vice-president, the
secretary and the trustees of the amalgamated society.

(5) The committee of management of every amalga-
mated society shall within one month after the annual
balance sheet shall have been duly prepared and signed as
aforesaid cause to be forwarded three copies thereof, by
F Friendly Sootetses Housing C orporatton. 1 Ch. 8B. No, 3.

post or otherwise, to each of the societies comprising such
amalgamated society and every such society shall within
thirty days following the receipt thereof pay and make
good the contribution payable by it, if any, appearing on
such balance sheet.

(6) In the event of any dispute in respect of any
cause or matter under this Ordinance, arising between
the officers of an amalgamated society or between the
amalgamated society and the societies comprising such
amalg ramated society or between a member of any such
society and the amalgamated society in respect of any
right, benefit, or privilege under this Ordinance or otherwise
the Registrar may hear and determine the same and _ his
decision shall be final and without appeal.

(7) Every amalgamated society or committee of
management which fails to comply with any of the pro-
visions of subsection (4) or subsection (5) of this section
shall be guilty of an offence against this Ordinance.

21. (1) An amalgamated society may be wound up by
the Registrar if—

(a) a majority of the societies comprising the
amalgamated society, or in the event of there being
only ‘two, the society contributing the greater value of
the capital funds of an amalg ramated society, has
by special resolution resolved that the amalgamated
society be wound up; or

(b) the number of such societies is reduced below
two; or

(c) the amalgamated society is, in the opinion of
the Registrar, unable to pay its debts or obligations
whether actual or contingent; or

(d) the Registrar, with the approval of the Board,
is of opinion that the amalgamated society has ceased
to serve any purpose or purposes useful to the societies
comprising it.

(2) Upon the winding up of an amalgamated society
the Registrar—

(a) failing mutual arrangement by and between the
societies comprising an ‘amalgamated society may

183

Winding
up of amale
gamated
Sociot ye
184

Organisa-
tion of the
Corporation

Ch. 38. No. 3.] Friendly Societies Housing Corporation.

give such directions in regard to the collection, distri-
bution or application of the funds, assets and property
of the amalgamated society as may appear to him
to be necessary and may sell the property and effects
of the amalgamated society as a whole or in lots or
parcels on such terms as he may think fit, by public
auction or private contract, and, after payment of
all the debts and obligations of the amalgamated
society, may pay, distribute and allocate the net
proceeds, if any, among the member societies thereof in
a just and equitable manner: Provided that nothing
herein contained shall authorise the Registrar to wind
up or sell, or distribute, or allocate the assets, property
and effects of any such member society ;

(6) shall cancel the registry thereof and the same
shall thereupon cease to exist for all purposes.

22. (1) For the purpose of organising the Corporation,
the Registrar may invite friendly societies to subscribe
for the purchase of shares of the Corporation and may
by circular, notice, or other advertisement after giving
fourteen days’ public notice thereof in a local daily news-
paper, cause stock books to be opened, in which shall be
recorded the subscriptions and purchases of such friendly
societies as desire to become shareholders in the Corpora-
tion, and may issue instructions and directions relating
to matters pertaining or incidental to the organisation of the
said Corporation as he may deem requisite.

(2) The stock books shall be opened at the place
where the office of the Corporation is to be situated, and
elsewhere in the discretion of the Registrar.

(3) A friendly society shall subscribe for the purchase
of any shares in the Corporation by or through its trustees.

(4) The books may be kept open for such time as the
Registrar shall deem necessary. Each subscribing society
shall at the time of subscription give its full and correct
name and the address of its registered office, and these
particulars shall be entered in the books together with the
number of shares subscribed for by the society.

(5) In case of the non-payment of any instalment or
other sum payable by the subscribing society on account
Friendly Societies Housing Corporation. [Ch. 38. No. 3.

of its subscription the Registrar may sue for, recover,
collect and get in any such instalment or sum.

(6) The Registrar shall upon the election and
appointment of the Board duly hand over to the Board all
subscriptions received by him under this section, together
with a detailed list of the societies so subscribing. The
Registrar may however, cancel any shares or any allotment
thereof which, at the date of his handing over to the Board,
have not been taken or agreed to be taken by a society.

23. (1) The share or shares of the capital of the
Corporation shall be personal property.

(2) Certificates for the number of shares held by
societies shall be issued under the seal of the Corporation,
signed by the Chairman and one member of the Board
and countersigned by the Secretary; each such certificate
must be deposited with the Board when a society borrows
on its shares. If any certificates are defaced, lost, or
destroyed, the Board shall issue a duplicate thereof, and,
if it thinks fit, may require the trustees of the society to
make a statutory declaration that the certificate has been
lost or destroyed and that to the best of their knowledge and
belief no improper use has been made of the same. Should
the Board consider it necessary a lost certificate may
be advertised for at the cost of the society. For every

185

Share
certificate.

duplicate so issued there shall be paid to the Corporation the

sum of one dollar.

24. The office of the Corporation shall be open for Office hours,

transaction of public business from 9 a.m. to 3 p.m. on all
week days except Saturdays when the hours shall be from
9a.m.to12noon: Provided that on Sundays, Good Friday,
Christmas Day and on all public holidays the same shall be
kept closed.

25. (1) The funds of the Corporation shall be applied Application

towards—

(a) the payment of the salaries, fees, remuneration
and other allowances of the officers and servants of
the Board; :

of funds.
186 Ch. 38. No. =, | Breendly Societies Housing Corporation.



(b) the payment of dividend at the rate declared
by the Board on the capital of the Corporation ;

(c) the making of loans in accordance with the
provisions of this Ordinance to amalgamated societies
and to societies or their members who are eligible
for loans: Provided that no employee of the Govern-
ment who is eligible for a loan under the provisions
of the Government Housing Loans Ordinance, or
any amendment thereto shall be eligible for a loan
under this Ordinance ;

(¢) the payment of rates, taxes, charges, assess-
ments, fire insurance premiums and other assessments
and outgoings and of the expenses of maintenance or
disposal in connection with lands or buildings which
become vested in the Corporation ;

(c) the payment of rates, taxes, charges, assessments,
fire insurance premiums and other outgoings and
of the expenses of maintenance in connection with
any land or buildings, in relation to which a loan
has been made by the Board and which is wholly
or partly outstanding or in cases in which default
is made by the borrower:

_ the payment of life insurance premiums in cases
y which default in the payment of such premiums
Is aa by the borrower;

(g) the creation of a reserve fund;

(2) the expenses of prosecuting offences against this
Ordinance and any rules or regulations made there-
under; and

(‘) the payment of all other expenses authorised
by, or incidental to, the operation of this Ordinance.

(2) Every sum payable to the Corporation shall be
collected and received by the Board for and en account of
the funds of the Corporation.

Financial 26. (1) The Corporation may deal in, lend money and
See make advances upon the security of, and take as collateral
security for any loan made by it, the stock, bonds, deben-
tures and obligations of United Kingdom or any Common-
wealth country municipal or borough corporations, whether
Friendly Socteties Housing Corporation. [Ch. 38. No. 3.

secured by mortgage or otherwise, or any United Kingdom
or Commonwealth country securities.

(2) The stock, bonds, debentures or — securities
acquired and held by the Corporation as collateral security,
may, in the case of default in the payment of the debt
for the securing of which they were so acquired and held,
be dealt with, sold, assigned, and transferred either in
like manner and subject to the same restrictions under
which a private individual might in like circumstances
deal with, sell, assign and transfer the same.

(3) The right so to deal with and dispose of such
stock, bonds, debentures or securities in manner aforesaid
may be waived or varied by the Board.

27. The Board may—

(a) sell, improve, manage, develop, exchange, lease,
mortgage, dispose of, turn to account or otherwise
deal with any of the Corporation’s property, rights
or privileges;

(6) grant liberties, licences or concessions in respect
of any property or rights of the Corporation.

28. The Board may at any time as it in its absolute
discretion thinks it fit realise any of the property of the
Corporation, and re-invest the moneys arising from such
realisation in such securities as are by this Ordinance
permitted.

29. The Board may take and hold first mortgages upon
real or leasehold property by way of security for loans
made by or debts or liabilities due to the Corporation in the
course of business and may subsequently dispose of the
same.

30. (1) The Board may from time to time invest any
portion of the funds of the Corporation not immediately
required for the purposes specified in section 13 and
section 25 hereof, upon the security of real or leasehold
property or in the purchase of lands, or lands and buildings,
being freehold or leasehold in the Colony, with power to
exchange the said lands, or to sell the same or in the public

187



Power of
Board to
sell, ete.

Realisation
of property.

Security.

Investment
of funds not
required.
Ch. 38. No. 3.] Friendly Societies Housing Corporation.



Power of
Board to
purchase
property
otfered
for sale.

Corporation
to acquire
absolute
title.

funds of Great Britain, or in or upon any Parliamentary
stock or securities, or in or upon the interest on which is
guaranteed by the Imperial Parliament, or in Inscribed
Stock of the Colony, and for the purpose of investments in
stock or upon security of real or leasehold estate, the
Board may from time to time make such investments in
its name.

(2) The powers of investment under this Ordinance
shall include power to invest in or upon any security in
which trustees are for the time being authorised by law
to invest.

31. (1) The Board may purchase any real or personal
property offered for sale under execution, or in insolvency,
or under the order or decree of a court, or at a sale for
taxes or rates, as belonging to any debtor to the Corpora-
tion.

(2) It shall be lawful for the Board, out of the funds of
the Corporation to make advances for the development,
maintenance and improvement of lands held by the
Corporation, and the discharge of liabilities incurred in
respect of such development, maintenance and improvement
and for such other purposes as may be prescribed.

32. (1) The Corporation may acquire and hold an absolute
title in or to real or personal property charged or mortgaged
to it as security whether by charge, mortgage, deed,
memorandum of mortgage or otherwise for a debt due or
owing to it, either by the obtaining of a release of the
equity of redemption in the charge or mortgaged property,
or by a purchase before the doors of the Court, or by other
means whereby as between individuals, an equity of
redemption can, by law, be barred, or a transfer of title
to real or personal property can, by law, be effected.

(2) Nothing in any Regulation, Charter, Ordinance,
Act, or Law shall be construed as ever having been intended
to prevent or as preventing the Corporation from acquiring
and holding an absolute title whatever the value thereof,
or from exercising or acting upon any power of sale con-
tained in any charge or mortgage given to or held by the
Corporation, authorising or enabling it to sell or convey
any property so charged or mortgaged.
Friendly Societies Housing Corporation. [Ch. 38. No. 3.

189



33. (1) The Board shall establish a Reserve Fund and
shall pay into it within six months after the expiration of
each financial year not less than one-tenth of the net income
of the Corporation for the aforesaid preceding financial
year.

(2) Separate accounts of the Reserve Fund shall
be kept and such Reserve Fund shall be utilised firstly in
making good any loss by realisation of any of the property
of the Corporation, and secondly, with the consent of the
Governor in Council, in providing moneys for expenditure
of any extraordinary nature which may be necessary or
desirable in carrying out the objects of the Corporation.

(3) All moneys accruing to the Reserve Fund shall
from time to time be invested by the Board in manner
provided by section 30 of this Ordinance: Provided that
an investment under this section shall not include the
lending out of moneys to borrowers under this Ordinance.

(4) The Board may in its absolute discretion at the
end of every five years calculated from the commencement
of this Ordinance allocate or apply any part or portion of
such Reserve Fund not exceeding fifty per centum of the
amount at which such Reserve Fund shall then stand or
aggregate for all or any of the objects or purposes for which
the Corporation has been created: Provided that no such
transfer, allocation or application shall reduce the Reserve
Fund below twenty-five per centum of the capital of the
Corporation.

34. (1) No society holding shares in the Corporation shall
transfer, part with, pledge, mortgage or otherwise deal
with any share or shares held by it in the Corporation
save with the leave of the Board.

(2) Shares in the Corporation may with the leave of
the Board be transferred to another society or to the
Government.

(3) The instrument of transfer of any share or shares
in the Corporation shall be executed by the transferor
society and the transferee society, and the transferor society
shall be deemed to remain holder of such share or shares
until the name of the transferee society is entered in the
register of shareholding societies kept by the Board.

Establish-
ment of
Reserve
Fund.

Limitation.
190

Power to
make loans
to Societies,

Power to
make loans

to members

ehyible
for loans,

Ch. 38. No. 3.] Friendly Societies Housing Corporation.

(+) A society which borrows money from the Cor-
poration shall not without the leave of the Board transfer
or part with any share or shares in the Corporation held
by it so long as any sum owing by it to the Corporation
remains unpaid.

PART IV.
PROVISIONS AS TO LOANS.

35. Subject to the provisions of this Ordinance and of
any regulations made thereunder the Board may, in its
absolute discretion, make a loan to any society for all or
any of the following purposes :—

(a) the acquisition of an office, hall or place of
meeting, and land for use by the society;

(0) the purchase of land and the erection thereon by
the society of a house or building for use as aforesaid;

(c) the erection on Jand owned or leased with an
unexpired residue of not less than twenty years by
the society of a house or building for use as aforesaid ;

(¢d) the discharge of any subsisting mortgage or
charge on a house, building or land used as aforesaid;

(e) the substantial alteration or improvement of a
house or building used or intended to be used as
aforesaid ;

(f) the payment of any expenses or outgoings
incidental to any of the foregoing.

36. Subject to the provisions of this Ordinance and of
any regulations made thereunder the Board may, in its
absolute discretion, make a loan to any member eligible
for a loan for all or any of the following purposes :—

(a) the acquisition for use by him as a residence for
himself and his family, of a house and land;

(0) the purchase of land, and the erection thereon
by him of a house for use as aforesaid;

(c) the erection on land owned or leased with an
unexpired residue of not less than twenty years, by
him of a house for use as aforesaid;

(¢) the discharge of any subsisting mortgage or
charge on a house or land used as aforesaid;
Friendly Societies Housing Corporation. [Ch. 38. No. 3.



(e) the substantial alteration or improvement of a
house used as aforesaid;

(f) the payment of premiums and other expenses in
connection with the insurance of his life as security
for a loan under this section;

(g) the payment of any expenses or outgoings
incidental to any of the foregoing.

37. (1) Every such loan shall bear interest at such rate
per annum as may be prescribed.

(2) Every such loan, together with interest thereon
at the prescribed rate, shall be repayable by equal quarterly
instalments on the last day of March, June, September and
December in every year, over such a period of years as may
be prescribed.

38. (1) Applications for loans shall be in the form
approved by the Board and appropriate to the circum-
stances, and shall be addressed to the Secretary of the
Board. The Board shall consider each application on its
merits and, if satisfied that such application may be
entertained, shall forward the said application to the
Secretary of the society to which the member belongs.
Such application shall be considered by the committee of
management of the society and transmitted by them to the
Board with their views and comments thereon. The
Board shall consider the report of the committee of
management and shall decide whether or not a loan shall
be granted and the amount thereof.

(2) Every loan made to a member under this
Ordinance and the interest thereon and all expenses recover-
able by the Board from the member in connection with the
loan or with any security therefor shall be secured to the
satisfaction of the Board by a first mortgage or first charge
on the land, and house or building standing or intended
to be erected thereon, as the case may be, in respect of
which the loan is to be granted; and also in the discretion
of the Board—

(a) if the life of the member to whom the loan is
to be made is insured to the satisfaction of the Board,
by the assignment of the benefits of such policy or

191

Interest
on loans,

Loans,
192

Power of
Board to

impose tines,

Unautho-
rised appli-
cation of
loans.

Ch. 38. No. 3.] Friendly Societies Housing Corporation.
policies to the Board as the Board may require and the
deposit of the said policy or policies with the Board;
or

(0) if the life of the member to whom the loan is to

be made is not so insured, or if he does not desire to
proceed as laid down in paragraph (a) of this sub-
section, and he is able to pass the medical examination
required by an insurance company approved by the
Board, by insurance on his life in favour of the Board
in such amount as the Board may in each case
determine; or

(c) 1f the life of the member being a person in the

service of the Government, is not so insured and he is
not able to pass such medical examination, by a charge
on any gratuity payable on his death while in the
service of the Government.

(3) All expenses and payments of premiums in
respect of any insurance and other charges in respect of a
member shall be paid in the first place by the Board and
be refunded by the member to the Board without interest
not later than the end of the following calendar month,

39, The Board may impose such fines as may be
preseribed upon borrowers who may be in default in the
payment of principal, interest or other charges due under a
mortgage to the Corporation or in the observance or
performance of any terms or conditions therein,

40. (1) No loan or any part thereof made under the
provisions of this Ordinance shall be applied otherwise
than for such purposes as may be authorised by this
Ordinance.

(2) Any person who shall make any statement in any
application to the Board which he knows to be false or
does not believe to be true shall be guilty of an offence and
shall be liable on summary conviction to a fine of four
hundred and eighty dollars or to imprisonment for six
months, or to both such fine and imprisonment.

(3) Any borrower who shall apply any loan or any
part thereof made to it or him under the provisions of this
Ordinance for any purpose other than that specified in his
Friendly Societies Housing Corporation, _ (Ch. 38. No. 3.

application or than that for which the loan has been made,
shall be Hable on summary conviction to a fine of four
hundred and eighty dollars, or to imprisonment for six
months.

(+) The onus of proving the manner in which a loan
or advance has been applied shall be upon the borrower
to whom or to which the loan or advance was made.

(5) The duties and onus imposed by this section shall
in the case of a society lie upon the trustees thereof per-
sonally, and they shall be jointly and severally personally
liable for their fulfilment and discharge hereunder.

41. Every mortgage or charge contemplated by this
Ordinance shall be by deed or memorandum of mortgage or
charge substantially in the prescribed form.

42. Every mortgage or charge to secure a loan under the
provisions of this Ordinance shall be prepared by the legal
advisers of the Board. The member, amalgamated soc iety
or society to Whom or to which the loan is made shall pay
the legal charges or fees as may be prescribed by the Board
from time to time, and all other necessary costs, charges,
disbursements and expenses.

PART V.
MISCELLANEOUS PROVISIONS.

43. Any valuer or inspector employed by the Board may
at all reasonable times on giving forty-eight hours notice to
the owner or occupier enter upon any land, house or building
in respect of which a loan has been made under this Ordi-
nance and may value or inspect the same; and any person
who shall obstruct or cause to be obstructed any such

valuer or inspector in the exercise of the powers conferred
by this section whether by force or by threats or otherwise
shall be guilty of an offence and shall be liable on summary
conviction to a-fine of two hundred and forty dollars or to
imprisonment for three months, or to both such fine and
imprisonment.

T.—VI. 13

193

Documents
to be in
prescribed
form.

Legal
advisers of
Board to
prepare
documents,

Right of
entry of
inspectors
and valuers.
194

Notices,

Exemption

from income

tax.

Determina-
tion of

membership,

The Regis-
trar to hold
enquiry at
request of
Roard.

Ch. 38. No. 3.] Friendly Societies Housing Corporation.

44. (1) A notice may be given by the Board to any
amalgamated society, society or member by sending it by
post to its registered office or to its last known place of
meeting respectively.

(2) Where a notice is sent by post, service of the notice
shall be deemed to be effected by properly addressing, and
posting a letter containing the notice, and unless the con-
trary is proved, to have been effected at the time at which
the letter would be delivered in the ordinary course of post.

45. Notwithstanding anything contained in the Income
Tax Ordinance the income of the Corporation shall be wholly
exempt from payment of any income tax, and any payment
made by a borrower by way of interest on a loan from the
Corporation shall be an allowable deduction for purposes of
Income tax.

46. (1) When any question arises for any purpose what-
ever connected with this Ordinance as to whether a person
is a financial member or otherwise of a society, the question
shall be referred to the Registrar whose decision shall be
final.

(2) The Board may require the Registrar to enquire
into and report on the constitution, working or financial
condition of a society or upon the position or standing of a
member in the society, and it shall be the duty of the Regis-
trar to make such report and the Registrar shall be em-
powered under the provisions of the next succeeding section
to take all steps necessary for such purpose.

47. (1) The Registrar may at the request of the Board
by himself or by a person duly authorised by him in writing
in this behalf, hold an enquiry into the constitution,
working, or financial condition of a society; and the
position or standing of any member in a society, and may
investigate all claims against the society, its debts and
habilities,

(2) All officers and members of the society of which
the affairs are being investigated, or to which a member
whose standing or position in relation thereto is being en-
quired into belongs, shall furnish such information in their
F riendly Societies Housing C orporation. [Ch. 38. No. 3.

possession in regard to the affairs of the society or as to the
position or standing of such member in such society as the
Registrar or the person authorised by the Registrar may
require.

(3) The result of any enquiry under this section shall
be communicated to the society the affairs of which or the
position or standing of the member of which have or has
been investigated, and to the Board.

48. The Registrar may, as a result of any enquiry held
with respect to an amalgamated society under the previous
section failing mutual ‘arrangement by and between the
societies comprising an amalgamated society—

(a) make any compromise or arrangement with
creditors or persons claiming to be creditors of
amalgamated society or having or alleging themselves
to have any claim, whereby the amalgamated society
or societies comprising the amalgamated society may
be rendered liable;

(b) order the amalgamated society to pay the Board
or any creditor, class or classes of creditors in full,
or in part, as he may deem fit ;

(c) give such directions in regard to the collection,
distributing or application of the funds, property or
assets of the amalgamated society, as may appear
to him to be necessary ; ;

(d) sell the property, assets and things of the amalga-
mated society as a whole or in lots or parcels, on such
terms as he may think fit, by public auction or private
contract, for the purpose of paying the Board or any
creditor or creditors of the amalgamated society; and
make such distribution of any surplus funds, property,
assets and moneys of the amalgamated society among
the societies comprising the amalgamated society as
shall be just and equitable;

(ec) make an order terminating or dissolving the
amalgamated society and cancelling the registry thereof.

49. Every order made by the Registrar under the last
preceding section shall be in writing and shall be carried
out without delay by the amalgamated society or the

13 (2)

195

Registrar's
LOWES,

fol lowing
enquiry.

Registrar's

orders to be
carried into
effect with-
out delay.
196

Oflences.

Receiving
improper

reward,

Ch. 38. No. 3.] FF nena Societies Housing Corporation.



societies comprising the amalgamated society, as the case
may be, and every officer or member of any amalgamated
society or of any such society who shall in any way disobey
or shall not carry into effect such written order shall be
guilty of an offence under this Ordinance and shall be liable
on summary conviction to a fine of two hundred and forty
dollars.

50. It shall be an offence under this Ordinance if—

(a) a society or an officer or a member thereof fails
without any reasonable excuse to give any notice,
deliver or send any return or document, do or allow
to be done anything which the society, officer or
member is by this Ordinance required to give, deliver,
send, do or allow to be done; or

(6) a society or an officer or a member thereof
wilfully neglects or refuses to do or execute any act
or to furnish any information required for the purposes
of this Ordinance by the Board, or the Registrar or
other person duly authorised by them or ‘either of
them in writing in that behalf; or

(c) a society or an officer or member thereof wilfully
makes a false return or furnishes false information
to the Registrar, the Board or any officer or servant
of the Board; or

(d) any officer or member of a society wilfully or
without any reasonable excuse disobeys any summons,
requisition or order lawfully issued under the provisions
of this Ordinance or does not furnish any information
lawfully required from him by a person authorised to
do so under the provisions of this Ordinance; or

(e) any person wilfully makes, orders, or allows to be
made any false statement in any document required
by the Ordinance to be sent to the Registrar, or by
erasure, omission or otherwise wilfully falsifies any
such documents.

51. (1) Every person shall be guilty of an offence against
this Ordinance and liable, upon conviction on indictment, to
two years imprisonment or to a fine of two thousand four
hundred dollars or to both, and, upon summary conviction,
Friendly Societies Housing Corporation. [Ch. 38. No. 3. 197

to imprisonment for six months, or to a fine of two hundred
and forty dollars, or both, who—

(a) being a member of the Board or the secretary,
treasurer or other executive officer or servant of the
Corporation, corruptly accepts or obtains or agrees
to accept or attempts to obtain, from any person for
himself or for any other person, any gift or considera-
tion as an inducement or reward for doing or forbearing
to do or for having done or forborne to do, any act
relating to the Corporation’s business or affairs, or for
showing or forbearing to show favour or disfavour to
any person with relation to the Corporation’s business
or affairs; or

(>) corruptly gives or agrees to give or offers any gift
or consideration to any member of the Board or to
the secretary, treasurer or other executive officer or
servant of the Corporation as an inducement or reward
or consideration to such member of the Board, secre-
tary, treasurer, or other executive officer or servant of
the Corporation, for doing or forbearing to do, or for
having done or forborne to do, any act relating to the
Corporation’s business or affairs, or for showing or
forbearing to show favour or disfavour to any person
with relation to the Corporation’s business, or affairs.

(2) In this section “ consideration ” includes valuable

consideration of any kind.

52. Every person appointed Supervisor of Elections, Offences by
Returning Officer or Election Clerk under the provisions of ta
any Regulations made under this Ordinance who—

(a) makes, in any record, return or other document
which he is required to keep or make under this
Ordinance, any entry which he knows or has reasonable
cause to believe to be false, or does not believe to be
true; or

(b) permits any person whom he knows or has
reasonable cause to believe not to be a blind person or
an incapacitated person to vote in the manner provided
for blind persons or incapacitated persons, as the case
may be; or

(c) refuses to permit any person whom he knows or
has reasonable cause to believe to be a blind person


198

Detinition

of bribery.

Ch. 38. No. 3.] Friendly Socteties Housing Corporation.

or an incapacitated person to vote in the manner
provided for blind persons or incapacitated persons,
as the case may be; or

(d) wilfully prevents any person from voting at any
special meeting of a society called for the election of
delegates to a conference of delegates or at any con-
ference of delegates, as the case may be, at which he

knows or has reasonable cause to believe such person
is entitled to vote; or

(c) wilfully rejects or refuses to count any vote or
any ballot paper which he knows or has reasonable
cause to believe is validly cast for any candidate

in accordance with the provisions of this Ordinance ;
or

(f) wilfully counts any vote or any ballot paper as
being cast for ee pike Which he knows or has
reasonable cause to believe was not validly cast. for
such candidate,

shall be guilty of an offence against this section and, on
summary conviction, shall be liable to imprisonment for
six months or to a fine of four hundred and eighty dollars.

53. The following persons shall be deemed guilty of
bribery within the meaning of this Ordinance

(1) nee person who, directly or indirectly, by
himself or by any other person on his behalf, gives,
lends, or hae to give or lend or offers, promises, or
promises to procure or to endeavour to procure any
money or valuable consideration to or for any person,
member, delegate or candidate for election, or to or for
any person on behalf of any person, member, delegate
or candidate for election, or to or for any other person
in order to induce any member, delegate or candidate
for election to vote or retrain from voting, or corruptly
does any such act as aforesaid on account of any
person, member, delegate or candidate for election
having voted or refri lined from voting at any special
meeting of a society called for the election of deleg rates
or at any conference of delegates.

(2) Every person who, directly or indirectly, by
himself or by any other person on his behalf, gives or
Friendly Societies Housing Corporation, [Ch. 38. No. 3. 199

procures, or agrees to give or procure, or offers, pro-
mises, or promises to procure or to endeavour to
procure, any office, place or employment to or for any
person, member, delegate or candidate for election,
or to or for any person on behalf of any member,
delegate or candidate for election, or to or for any
other person in order to induce such member, delegate
or candidate for election to vote or refrain from voting,
or corruptly does any such act as aforesaid on account
of any person, member, delegate or candidate for
election having voted or refrained from voting at any
election.

(3) Every person who, directly or indirectly, by
himself or by any other person on his behalf makes any
such gift, loan, offer, promise, procurement, or agree-
ment as aforesaid to or for any person, in order to
induce such person to procure or endeavour to procure,
the return of any person as a delegate to a conference
of delegates or as an elected member of the Board,
or the vote of any member, delegate or candidate for
election at any special meeting of a society called for
the election of delegates to a conference of delegates o1
at any conference of delegates.

(4) Every person who, upon or in consequence of any
such gift, loan, offer, promise, procurement, or agree-
ment, procures or engages, promises or endeavours to
procure the return of any person as a delegate to a
conference of delegates or as an elected member of the
Board or the vote of any person at any election,

(5) Every person who advances or pays, or causes to
be paid, any money to or to the use of any other
person, with the intent that such money, or any part
thereof shall be expended in bribery at any election,
or who knowingly pays or causes to be paid, any
money to any person in discharge or repayment of
any money wholly or in part expended in bribery at
any such election.

(6) Every person who, before or during any election
directly or indirectly by himself or by any other
person in his behalf, receives, agrees or contracts for
any money, gift, loan or valuable consideration, office,
place or employment for himself or for any other
200

Definition
of treating.

Definition
of undue
influence.

Definition of
personation.

Ch. 38. No. 3.] Friendly Societies Housing Corporation.

person, for voting or agreeing to vote, or for refraining
or agreeing to refrain from voting at any election.

(7) Every person who, after any election, directly or
indirectly, by himself or by any other person on his
behalf, receives any money or valuable consideration
on account of any person having voted or refrained from
voting, or having induced any other person to vote
or refrain from voting at any such election.

54. The following persons shall be deemed guilty of
treating within the meaning of this Ordinance:
(a) Every person who corruptly, by himself or by any
other person, cither before, during, or after an election,
directly or indirectly, gives or provides or pays wholly
or in part the expense of giving or providing any food,
drink, entertainment, or provision to or for any person
for the purpose of corruptly influencing that person,
or any other person, to vote or to refrain from voting
at such election, or on account of such person or any
other person having voted or refrained from voting
at such election.
(b) Every voter who corruptly accepts or takes any
such food, drink, entertainment, or provision.



55. Every person who, directly or indirectly, by himself
or by any other person on his behalf, makes use of or
threatens to make use of, any force, violence, or restraint, or
inflicts or threatens to inflict, by himself or by any other
person, any temporal or spiritual injury, damage, harm or
loss upon or against any person, in order to induce or compel
such person to vote or refrain from voting or on account
of such person having voted or refrained from voting at
any election, or who by abduction, duress, or any fraudulent
contrivance, impedes or prevents the free exercise of the vote
of any member or delegate or thereby compels, induces, or
prevails upon any member or delegate either to give or
refrain from giving his vote at any election, shall be guilty
of undue influence within the meaning of this Ordinance.

56. Every person, who at an election applies for a ballot
paper in the name of another person, whether that name be
the name of a person living or dead, or of a fictitious person,
Friendly Societies Housing Corporation. [Ch. 38. No. 3.

201



or who, having voted once at any election, applies at the
same election for a ballot paper in his own name, shall be
guilty of personation within the meaning of this Ordinance.

57. Every person who is guilty of bribery, treating or
undue influence under the provisions of this Ordinance shall,
on summary conviction thereof, be liable to imprisonment
for six months or to a fine of four hundred and eighty
dollars.

58. Every person who is guilty of personation, or of
aiding, abetting, counselling, or procuring the commission of
the offence of personation, shall on summary conviction
thereof be liable to imprisonment for three months with or
without hard labour or to a fine of two hundred and forty
dollars.

59. Every person who is convicted of bribery, treating
undue influence, or personation, or of aiding, counselling
or procuring the commission of the offence of personation
shall (in addition to any other punishment) be incapable
during a period of seven years from the date of conviction :—

(a) of voting at any election of delegates to a
conference of delegates or at any conference of delegates
in respect of the election of a member of the Board ;

(0) of being elected a member of the Board or if
elected before his conviction, of retaining his seat as
such member.

60. Every person who votes, or induces or procures any
person to vote, at any election, knowing that he or such
other person is prohibited by this Ordinance or by any law,
from voting at such election or before or during an election
knowingly publishes a false statement of the withdrawal
of a candidate at such election for the purpose of promoting
or procuring the election of another candidate, shall be
guilty of an illegal practice, and shall, on summary con-
viction thereof, be liable to a fine of four hundred and
eighty dollars and be incapable, during a period of seven
years from the date of conviction of voting at any election
of delegates to a conference of delegates or at any conference

Penalty for
bribery,
treating

or undue
influence.

Penalty for
personation.

Disqualifi-
cation for
bribery, etc.

Penalty for
certain
illegal
practices at
elections.
Offences in
respect of
ballot
papers.

Description,
ete., ballot
papers, etc.,
for purposes
of prosecu-
tion of
otfences.

Penalties.

Ch. 38. No. 3.] Friendly Societies Housing Corporation.

of delegates in respect of the election of a member to the
Board.

61. Every person who—

(a) forges or counterfeits, or fraudulently defaces or
destroys, any ballot paper; or

(0) without due authority supplies a ballot paper
to any person; or

(c) fraudulently puts into any ballot box any
paper other than the ballot paper which he is authorised
by law to put in; or

(d) fraudulently takes out of the meeting place of
any conference of delegates any ballot paper; or

(c) without due authority destroys, takes, opens, or
otherwise interferes with any ballot box or packet

of ballot papers then in use for the purposes of any
election; or

(f) fet being entitled so to do, votes at a conference
of delegates for the election of a member to the Board,

shall be liable, on summary conviction, to imprisonment for
six months, or to a fine of four hundred and eighty dollars.

62. For the purposes of any information or prosecution
for any offence in relation to the votes, ballot boxes, ballot
papers, and other things in use at an election, such ballot
boxes, ballot papers, and things shall be deemed to be
the property of the Supervisor of Elections at such election
in the case of a conference of delegates and in the Returning
Officer at such election in the case of a Special Meeting
of a society called for the election of delegates to a conference
of delegates.

63. (1) Every society, officer or member of a society or
other person guilty of an offence under this Ordinance for
which no penalty is expressly provided herein shall be
liable to a fine of two hundred and forty dollars or to
imprisonment for six months.

(2) Where a society is guilty of an offence under this
Ordinance, every member of the committee of management,
unless that member is proved to have been ignorant of or to
Friendly Societies Housing Corporation. [Ch. 38. No. 3.



have attempted to prevent the commission of the offence,
shall be liable to the same penalty as if he had committed
the offence.

(3) All offences under this Ordinance may be prose-
cuted, and all penalties incurred may be imposed or
recovered, in the manner provided by the Summary
Courts Ordinance.

(4) Proceedings for any offence under this Ordinance
may be commenced at any time within four years from the
date on which the offence was committed.

64. No failure to comply with the provisions of this
Ordinance or the regulations thereunder shall prevent the
recovery of any sum by the Board or the enforcement of
any security by the Board.

65. Any society or member who disposes or deals with or
attempts to dispose or deal with any land comprised in any
mortgage or charge made in favour of the Corporation
without first obtaining the leave in writing of the Board,
shall be liable to a fine of two hundred and forty dollars
or to imprisonment for six months.

66. (1) The Board may, with the approval of the
Governor in Council, make regulations for all or any of the
following purposes, that is to say—

(a) prescribing the terms and conditions under
which loans may be granted to societies and their
financial members;

(b) prescribing the information, particulars and
matters to be supplied to the Board by a society or
member making application to the Board for a loan;

(c) prescribing the conditions to be fulfilled or
complied with by societies or members prior to the
granting of a loan;

(d) prescribing the forms of any application or
other document intended to be used under this
Ordinance ;

(e) prescribing the forms of any deed, memorandum
of mortgage, charge or other instrument by way of
security intended to be used under this Ordinance; —

203

Recovery of
sums by
Board.

Unautho-
rised
property.

Regulations.
204

Ch. 38. No.3.) riendly Societies Housing Corporation.

(f) regulating the administration and procedure of
the Board and the conditions attaching to the employ-
ment of any officer or servant thereof;

(g) prescribing the limits within which loans may
be made under the provisions of this Ordinance ;

(2) prescribing the period of years within which
loans shall be repayable ;

(?) providing for professional, legal or other services
to the Board and the fees to be paid therefor and
the manner in which they may be paid in respect
of any matter or thing to be done in connection with
a loan under the provisions of this Ordinance ;

(7) prescribing the fines to be imposed on borrowers ;

(A) prescribing the rate or rates of interest to be
charged on loans made under this Ordinance ;

(/) prescribing the method of valuation to be
employed for the purposes of this Ordinance and the
fees payable in respect thereof;

(v7) prescribing books and accounts to be kept by
the Board and as to the audit thereol!;

(7) preseribing all such matters as, for the purposes
of this Ordinance, are required or permitted to be
prescribed ;

(0) prescribing offences against any of the said
regulations and penalties therefor not exceeding two
hundred and forty dollars or imprisonment for three
months: and

(P) carrying out) generally the purposes of this
Ordinance.

(2) Regulations under this sectien shall not have any

force or effect until published in the Roval Gasette.

(3) The regulations contained in the First Schedule

hereto shall be deemed to have been made and approved
under this section.
Friendly Societies Housing Corporation. [Ch. 38. No. 3.

SCHEDULES.

FIRST SCHEDULE.

Regulations made under the Friendly Societies Housing
Corporation Ordinance.

1. (1) These Regulations may be cited as the Friendly Societies
Housing Corporation Regulations.

(2) In these Regulations, ‘‘ the Ordinance’? means the Friendly
Societies Housing Corporation Ordinance.

2. (1) No loan shall be made to any borrower who is less than twenty-
one years of age.

(2) No loan shall be made to any member eligible for a loan who is
not at the time of the actual execution of the Charge, Deed of Mortgage
or Memorandum of Mortgage in favour of the Corporation a financial
member of a society holding shares in the Corporation.

3. Subject to the provisions of the Ordinance, and to any regulations
made thereunder, a member shall only be eligible for a loan from the
Corporation 1f—

(a) he is a financial member of a society:
(b) he has, at the time of his application, been a member of such

society for a period of not less than five consecutive years,

4. (1) No borrower owing money lent to it or him by the Board shall
be accepted as surety for another society or person requiring a loan unless
the members of the Board are unanimous that it is safe to accept it or
him as such surety.

(2) Every applicant shall deposit with the Board the Valuer’s
fee and the expenses of the Inspection Committee or of their agent in
accordance with scales approved by the Board from time to time.

(3) The Board after considering the application, the reports of the
Inspection Committee or their agent and the Valuer, shall decide
whether a loan shall be made on such application and in what amount.

(4) Any loan granted is subject to a good title.

(5) Every property offered to the Board as security for a loan shall
be visited by the Inspection Committee or their agent who shall report
thereon to the Board.

(6) The Valuer to the Board shall immediately upon receiving
instructions from the Secretary examine the properties offered as security
and forward to the Secretary to be submitted to the Board, a written
report on the said properties in the form approved by the Board, giving
all necessary particulars in connection with the same.

205

(Section 66

(3).)
206 Ch. 38. No.3.) Friendly Societies Housing Corporation.



5. (1) Every application to the Board for a loan shall be in writing in
the approved form and shall contain—

(a) full particulars of the security offered for the loan;

(>) the rent reserved or payable on any land, if rented or leased,
forming part of such security;

(c) the amount (if any) which may be owing by the applicant to
any encumbrancer ;

(@) the name and address of such encumbrancer;

(ce) the object for which the loan is required; and

(f) such other information as the Board may require.

(2) Every such application shall be signed in the case of a society
by the trustees of the society, and in the case of an individual, by the
applicant.

6. Save in special circumstances, no loan shall be made to an individual
for the purpose of erecting more than one dwelling house and its appurten-
ances in the Colony, and no loan shall be made to an individual for the
purpose of acquiring a house from his or her husband or wife, as the
case may be, or, for the purpose of acquiring a house if he or his wife, or,
she or her husband, already owns a house.

7. (1) The records of the Board shall include—
(a) the minutes of all meetings of the Board;
(>) a register of the names and addresses of the trustees of all
the shareholding societies;
(c) a register of applications for loans;
(d) a record of all securities deposited with the Board; and
(¢) all other books and accounts as may be required by the

Accountant General from time to time.

(2) The account of a borrower in the books and accounts shall be
open to the inspection of such borrower or his or its agent duly authorised
in writing free at all times during the hours of business as fixed by the
Ordinance, who may take extracts therefrom.

8. Every member of the Board shall have a right of access to the books
and accounts, documents, vouchers and securities of the Corporation and
shall be entitled to require and receive from the officers, servants and
advisers of the Corporation such information and explanation as he may
deem necessary for the performance of his duties.

9, The books and accounts and records of the Corporation shall be
kept at the office of the Corporation or at such other place or places as
the Board thinks fit. Except by the authority of the Board no books
of account, moneys, vouchers or other records of the Corporation shall
be removed from the othce of the Corporation.

10. Every prospective borrower shall on demand permit any person
acting on behalf of the Board and authorised thereunto in writing under
the hand of the Secretary of the Board to enter and inspect any land or
building in respeet of which it or he has applied for a loan.
Friendly Societies Housing Corporation. [Ch. 38. No. 3.





11. Every loan shall be repayable within a period of not more than
fifteen years.

12. Any loan granted which is not taken up by the applicant within
three months from date of the granting of such loan shall lapse, but the
Board may, at its discretion, extend the said period.

13. In no case shall a member of the Board be present or vote at a
meeting of the Board when loans to himself or any society of which he
is a member or an officer are under consideration.

14. (1) The Board is empowered to declare dividends annually as at
30th June. Such dividends shall be payable out of the profits of the
Corporation after providing for losses, if any, and depreciation, and
after transferring to the Reserve Fund the amount required to be set
aside by the Ordinance.

(2) The Board shall give public notice, published once a week in
a local daily newspaper for at least two weeks, of the payment of such
dividends previously to the date fixed for such payment.

(3) Dividends shall, on and after the date fixed for payment, be
payable in cash at the office of the Corporation or in such other manner
as the Board may determine.

(4) The liability of the Board under any law, custom or agreement
to pay dividends declared and payable on its capital stock shall continue
notwithstanding any statute of limitations or any enactment or law
relating to prescription.

15. Counsel and solicitor shall be appointed by the Board and they
shall transact all such professional business of the Corporation as may
come within their respective vocations for which they shall receive such
remunerations as the Board may from time to time determine, such
remuneration to be paid either by the Board or by a society or member
as the Board may decide.

16. The conditions under which loans shall be granted shall be as
follows :—

(a) All loans shall bear interest which shall be payable on the last
day of the months of March, June, September and December in
each year.

(0) The interest payable on loans made by the Board shall be at
the following rates—

(i) where the loan does not exceed $10,000, six per centum
per annum;

(ii) where the loan ‘exceeds $10,000 but does not exceed
$25,000, five per centum per annum;

(iii) where the loan exceeds $25,000, four per centum per
annum.

(c) Every mortgage, charge or other instrument of whatsoever
nature made for securing the repayment of any loan to the Board
by a society or a member eligible for a loan under the provisions of
the Ordinance shall contain provision for the repayment of such
loan by quarterly instalments of principal and interest as aforesaid

207
208

Ch. 38. No.3.] Friendly Societies Housing Corporation.



combined at rates to be expressed in such mortgage, charge or other
instruments: Provided that if default is made by the borrower in
payment of any instalment or principal and interest or if he or it
shall commit a breach of any covenant or obligation contained in
such mortgage, charge or other instrument or if any event shall
arise whereby the Board may exercise its power of sale the whole
of the principal money then outstanding shall become immediately
due and payable with interest thereon at the rate aforesaid.

(d) A full month’s interest shall be charged and paid for any loan
taken up before the 15th day of any month and a half month’s
interest for any loan taken up after the 15th day of any month.

(e) No loan shall be made to any member exceeding $4,000.00.

17. The forms to be used under this Ordinance shall be those set forth
in the Second Schedule hereto.

18. (a) Every society or member neglecting to pay all its or his instal-
ments of principal and interest as and when it becomes payable shall be
fined for such default one per cent. per month or any part of a month on
any amounts due and unpaid until all arrears are paid off. All moneys
received from time to time shall be applied in the first place in settlement
of fines and arrears.

(6) All instalments of principal and interest due on the respective
quarter days shall be received without fines up to and including the
fifteenth day of the following month.

19. The Board shall out of any moneys payable by way of loan to a
borrower to whom a mortgage loan bas been granted deduct the legal
expenses, and other charges due by the borrower and the Registration
fees and Stamp Duty payable in respect of the said mortgage or charge
and the balance only shall be paid to the borrower.

20. The Board shall cause a copy of every instrument creating any
mortgage or charge in favour of the Corporation requiring registration
under this Ordinance, to be kept at the office of the Corporation, and to
be open to inspection at all times during the hours of office by the members
of the Board, the parties thereto, and other persons directly affected
thereunder.
Friendly Societtes Housing Corporation. [Ch. 38. No. 3.

SECOND SCHEDULE.

Regulations with respect to Election of Members to the
Friendly Societies Housing Board.

PART I.

1. For the purposes of the election of delegates by a society holding
shares in the Corporation, the Registrar shall issue a writ of election
under bis hand and forward the same to the secretary of every such
society.

2. Every such writ shall be in the form set out as Form No. 1 in this
Schedule and shall specify the period within which the elections of
delegates to the conference of delegates shall take place being not less
than fifteen days and not more than twenty-eight days from the date of
the said writ.

3. The Registrar shall cause a general notice to be printed in two local
daily newspapers at least on two occasions giving notice of the period
fixed by him for the carrying out of the election of delegates by societies.

4. Upon receipt of the writ the secretary of every society shall forthwith
inform the Committee of Management of the receipt thereof and thereupon
they shall proceed to elect a Returning Officer from among their members.
Such Returning Officer upon being elected shall be handed the writ by
the Secretary, and shall proceed to hold the election of delegates in the
manner herein provided. No Returning Officer shall be eligible for
election as a delegate by the society in respect of which he is appointed
Returning Officer.

5. Forthwith upon his appointment the Returning Officer shall take
and subscribe the oath in the form set out on the back of the writ, and
shall return or deliver such oath to the Registrar along with his report
hereinafter mentioned. Every Returning Officer may take such oath
before a commissioner of affidavits or justice of the peace.

6. Every Returning Officer shall immediately after taking the oath as
aforesaid endorse the writ in manner set out in Form No. 3 in this
Schedule, to the effect that he has assumed duties as such Returning
Officer, giving the date thereof and shall state also thereon his full name
and address. He shall immediately issue a notice summoning a special
meeting of the society for the purpose of the election of delegates to the
conference of delegates and shall undertake and execute all other duties
in connection with the said elections as the Registrar shall direct. A
copy of such notice shall be posted up in a conspicuous place in the
registered office of each society for at least seven clear days before the
holding of such special meeting.

7. No person may be voted for at any election of delegates to a
conference of delegates unless—
(a) he is a British Subject by birth or naturalisation; and
(0) he has attained the age of twenty-one years; and
(c) he has resided in the Colony for a period of not less than
five years immediately preceding the date of his nomination.
T.—VI. 14

209

(Section
6 (6).)

(ssue of writ
for holding
election of
delegates.

Contents
of writ.

Notice of
period fixed
for carrying
aut elections
to be
published.
Committee
of Manage-
ment to
elect
Returning
Officer.

Returning
Officer to
take oath.

Returning
Officer to
summon
special
meeting of
society.

Delegates’
qualifica-
tions.
210

Provisions
with respect
to voting.

Member's
votes.

Tequality of
votes,

Hours of
taking
the poll,

Returning
Ofticer’s
duties,

Ch. 38. No. 3.] Friendly Societies Housing Corporation.
8. At every special meeting called for carrying out the election of
delegates as aforesaid the following provisions shall apply—

(i) voting shall be by show of hands;

(ii) the proceedings shall be conducted by the Returning Officer;

(ili) no person shall be entitled to vote unless he is at the time of
voting a financial member of the society;

(iv) the secretary of the society shall, at the request of the
Returning Officer, furnish the names of financial members and they
only shall be entitled to vote. The Returning Officer shall exclude
from the meeting all persons who are not financial members of the
society: The highest number of votes of financial members shall
decide the successful candidate or candidates;

(v) no candidate shall be submitted for clection as a delegate unless
his proposer and seconder are both financial members of the society ;

(vi) no probationary member shall be entitled to vote:

(vii) two or more tellers shall be appointed by the Returning
Officer for the purpose of counting the votes, and if the Returning
Officer thinks it necessary votes may be counted in groups, that is to
say, those supporting candidate A may be collected into one group;
those supporting candidate B may be collected in another group;
and so on;

(viii) the successful candidate or candidates as the case may be,
shall on signing the declaration set out as Form No. 4 in this Schedule
become the delegate or delegates nominated by the society to the
conference of delegates.

9. (a) Every financial member of a society shall be entitled to as many
votes as there are delegates to be elected to a conference of delegates by
such society.

(0) The Returning Officer may, on the application of any member
who is in attendance at a special meeting but who is incapacitated from
blindness or any physical cause from voting in the manner prescribed by
these Regulations, assist such member and take his vote notwithstanding
that he is incapable of voting in the manner prescribed by these
Regulations.

10. Whenever in the count of votes, an equality of votes is found to
exist between any two candidates, the Returning Officer shall be entitled
to give his casting vote; otherwise the Returning Officer shall not be
entitled to vote.

11. The taking of the poll for the election of delegates shall be at such
time between four o’clock in the afternoon and ten o’clock in the night
of the same day as may be fixed by the Returning Officer.

12. The Returning Officer shall have entire charge of the proceedings
of the special meeting of the society called for the purpose of electing
delegates and shall preserve order and decorum thereat. In accordance
with directions from the Registrar he shall determine the number of
delegates to be elected to the conference of delegates. In the conduct
of the said proceedings his decision shall be final.
No. 3.

Friendly Societies Housing Corporation. [Ch. 38.

13. If any Returning Officer wilfully delays, neglects or refuses to
return any person duly elected as a delegate he shall on summary
conviction at the instance of the Registrar, be liable to a fine of one
hundred and twenty dollars or to imprisonment tor three months.

14. (a) The Returning Officer shall immediately after the election of
delegates has been concluded, forward the writ endorsed as hereinbefore
provided and make a report to the Registrar setting out—

1. The day on which the writ was received by him.

2. The day, time and place on and at which the election of
delegates was carried out.

3. The number of persons present and eligible to vote and the
number of votes cast for each candidate.

4. The name and address or names and addresses, as the case
may be, of the person or persons elected as a delegate or delegates
to the conference of delegates.

5. The declarations of those elected in accordance with Form No. 4
in this Schedule.

6. A record of the meeting which shall contain the names of all
persons nominated together with the names of their respective
proposers and seconders.

7. Any matters of particular significance relating to the polling
and the counting of the votes at such election and in particular,
when there has been an equality of votes for two or more candidates,
the matter of such equality.

(0) Each Returning Officer shall receive from the society a fee of

five dollars in respect of each candidate duly elected.

15. The Registrar shall on receiving the report of every Returning
Officer of the delegate or delegates elected by a society enter it in a file
to be kept by him for such purpose, and shall within not less than
twenty-one days before the election of members at the conference of
delegates complete and publish a list once in the Royal Gazette and twice
in two local daily newspapers of the names of the delegates so elected.

16. (a) The conference of delegates shall take place not more than
ninety days after any special meeting called for the election of delegates
thereto. ‘

(6) The Returning Officer shall before the conclusion of the
meeting give each elected delegate a certificate of his election which he
shall produce to the Supervisor of Elections on seeking admission to the
conference of delegates.

PART II.

17. (1) For the purposes of every conference of delegates, and for the
purposes of the election of members to the Board therefrom to supply
vacancies caused by death, resignation, disqualification, expulsion or
otherwise, the Registrar shall appoint a Supervisor of Elections, herein

14 (2)

211



Penalty for
delay,
neglect or
refusal of
Returning:
Officer to
return elec-
ted delegate.

Returning
Officer to
forward writ
endorsed and
to make
report.

Registrar to
publish list
of delegates
elected.

Returning
Officer to
give certifi-
cates of
election of
delegates.

Appoint-
ment of
Supervisor
of Elections,
and Election:
Clerks.
212

Powers and
duties of
Supervisor
of Elections,

Notice of
time and
place of
conference
of delegates,

Checking at
conference
by Super-
visor.

Ch. 38. No. 3.) Friendly Societies Housing Cc orporation.

referred to as the Supervisor, and shall issue a writ under his hand
addressed to such officer.

Every such writ shall be in the form set out as Form No. 5 in
this Schedule and shall specify the day, time and place of the conference
of delegates.

(3) Forthwith upon his appointment the Supervisor shall take and
subscribe an oath in the form set out as Form No. 6 1n this Schedule and
shall transmit or deliver such Form to the Registrar.

(4) every Supervisor shall immediately after taking the oath,
endorse the writ to the effect that he has assumed duties as Supervisor.
Such assumption of duties shall be in the form set out on the back of
Form No. 5 in this Schedule.

(5) Upon receipt of the writ the Supervisor shall proceed to hold
the election of delegates in the manner hereinafter provided.

(6) lor the purposes of any election the Registrar may appoint
an election clerk or clerks to assist the Supervisor. Forthwith upon his
appointment every election clerk appointed shall take an oath in the
form set out as Form No. 7 in this Schedule and shall deliver or transmit
such Form to the Registrar.

The Supervisor appointed under these Regulations shall—

(a) exereise general direction and supervision over the admini-
strative conduct of the elections at the conference of delegates in
respect of which he has been appointed, and duly enforce the
provisions of these Regulations ;

(6) issue to election clerks and servants such instructions from
time to time as he may deem necessary to ensure the effective
execution of the provisions of the Ordinance and the Regulations
thereunder with respect to the said elections;

(c) exereise and perform all other powers and duties which are
conferred and imposed upon him.

19. On the issue of the writ aforesaid, the Registrar shall give notice
thereof, and of the day, time and place fixed for the conference of delegates,
by publication in the Royal Gazette and at least twice in two local “di uily
newspapers at least seven days before the day fixed for such conference.
The doors of the conference shall be opened at least two hours before the
time fixed for the opening of the conference and the Supervisor shall be
in attendance during such time for the reception and checking of
delegates.

20. (1) On the day and at the time and place fixed for the opening of
the conference of delegates the Supervisor shall attend to check the
persons seeking admission to the conference. He shall keep order at
the conference and shall regulate the admission of delegates elected to
attend. He shall exclude from the conference all persons who have not
been elected as delegates thereto. Each elected delegate upon entering
the place fixed for the conference shall declare his name and that of the
society whose delegate he is and shall produce his certificate of election
as a delegate. The election clerk shall then ascertain if the name of the
delegate appears on the official list of delegates elected to attend the said
Friendly Societies Housing Corporation. [Ch. 38. No. 3.

conference and the election certificate shall be returned to the delegate
in due course. When it has been ascertained that the applicant is
qualified to take part in the proceedings of the conference, the applicant
shall be immediately allowed to enter the conference room.

(2) One hour after the time fixed for the opening of the conference
the Supervisor shall cease the checking of delegates seeking admission and
those delegates who have not been admitted into the conference room
shall be excluded therefrom and shall not be entitled to take part in the
proceedings.

21. The Supervisor shall thereupon declare the conference ready to
proceed to nominations and voting. The proceedings shall be conducted
by the Supervisor who shall be the chairman of the conference.

22. (1) The conference shall proceed to business by the nomination of
candidates from among the delegates present for the vacant office or
offices of the Board. No candidate shall be submitted for election unless
he shall be proposed and seconded by delegates present. At the closing
of the nominations the Supervisor shall announce the names of the
persons duly nominated.

(2) In the event of there being only one candidate duly nominated
where there is only one seat to be filled or there shall be as many
candidates duly nominated as there are seats to be filled, the Supervisor
shall forthwith publicly declare such candidate or candidates, as the case
may be, to be elected and shall immediately thereafter certify by endorse-
ment on the writ issued to him by the Registrar, the return of such
candidate or candidates and shall return the writ so endorsed to the
Registrar. If however, there are more candidates than there are offices
to be filled a poll of the nominated delegates shall be taken.

23. The election clerk shall furnish each delegate present with a blank
ballot paper upon which the delegate shall write the names of the
nominated candidates for whom he wishes to vote, provided that no
delegate shall be entitled to write more names than there are vacant
seats to be filled.

24. The Supervisor or election clerk shall instruct the delegates present
how to fold the ballot paper.

25. The Supervisor shall in the presence of the candidates and of the
delegates there assembled open the ballot box and ascertain that there
are no ballot papers or other papers therein, after which the box shall be
locked and the Supervisor shall keep the key therof; the box shall be
placed on a table stand or other article of furniture or fixture in full view
of all present and shall be maintained there until the close of the poll.

26. A delegate who has inadvertently so dealt with the ballot paper
delivered to him that it cannot conveniently be used shall restore it to the
Supervisor who shall cancel it by writing the word “ spoiled ’’ across the
face of the same. The Supervisor shall then deliver another ballot paper
to the delegate. If any delegate persists, after being warned, in
disobeying the directions of the Supervisor or in acting in contravention
of these Regulations it shall be lawful for the Supervisor to cause him to
be removed from the conference.



213

Proceedings
of conference
to be con-
ducted by
Supervisor
of Elections.
Procedure
at confer-
ence.

Duties of
election
clerk.

Instructions
to delegates.

Examination
of ballot
box.

Spoilt
ballot paper.
214

Supervisor
to assist
blind and
incapaci-
tated
delegates.

Counting of
ballot
papers.

Procedure
on equality
of votes.

Announce:
ment of

numbers of
votes cast.

Return of
ballot box
with ballot
papers to
Registrar.

Contirmation
of elect ions,
by Registrar.

Ch. 38. No. 3.] Friendly Societies Housing Corporation.

27. The Supervisor on the application of any delegate who is
incapacitated from blindness, illness, infirmity or any physical cause
from voting in the manner prescribed by these Regulations shall assist
such delegate by filling up his ballot paper in the manner directed by such
delegate in the presence of an election clerk and shall place such ballot
in the ballot box.

28. (1) The Supervisor shall, after all the delegates have voted, in the
presence of such of the delegates as are present open the ballot box and
scrutinise the ballot papers and reject all ballot papers on which is written
anything other than the names of the nominated candidates eligible
for election,

(2) The Supervisor shall thereupon proceed to count the votes
validly cast for each candidate.

29. Whenever on the final count of votes an equality of votes material
to the result of the election is found to exist, the Supervisor shall forthwith
announce that a fresh clection to the office or offices in respect of which
a tie has occurred shall take place instanter, or if this is not convenient
he shall in his discretion adjourn the conference to a date to be then and
there announced, not being more than fourteen days thereafter, notice
of which shall be published at least once in a local daily newspaper, at
which the delegates to the said conference shall return for the express
purpose of electing a member or members for the oftice or offices in respect
of which the tie had taken place. And the provisions of these Regulations
or such of them as are relevant, shall be applicable to and have effect
at such subsequent election,

30. The Supervisor shall, after he has made a count of or ascertained
the number of votes given for cach candidate, forthwith announce to the
conterence the number cast for each candidate and forthwith deliver
personally or transmit to the Registrar—

(1) the writ with his return in the form sect out on the back of
Form No. 5 in this Schedule with the name of the candidate or
candidates, as the case may be, and the number of votes, respectively
cast for each candidate ;
(2) all or any other documents used or issued for use at the said
conference;
(3) a report of the proceedings at the conference.

31. Forthwith upon making the return to the writ in accordance with
the provisions of paragraph 30 of these Regulations the Supervisor shall
replace in the ballot box all the ballot papers used at the conference,
lock the same and cause the ballot box with its lock and key to be
returned to the custody of the Registrar.

32. The Registrar shall as soon as he shall have been satisfied that the
elections have been duly conducted in accordance with the provisions
of these Regulations, forthwith confirm by publication in the Royal
Gazette and at least in one local daily newspaper, the name of the candidate
or candidates, as the case may be, elected as a member or members of
the Board.
Friendly Societies Housing Corporation. [Ch. 38. No. 3. 215

33. No intoxicating liquor shall be introduced, kept, sold, offered for Intoxicating
- * . : liquor not
sale, given away, supplied or used on or at any premises at which an joy sold
election of a delegate or delegates by a society or a conference of delegates or given at
is being conducted, and this prohibition shall be in force and effect between elections.

the opening and closing of the poll on every such respective occasion.

In this paragraph “ intoxicating liquor’ has the same meaning as is
assigned to the expression in the Registration of Clubs Ordinance.

34. In these Regulations, ‘‘ the Ordinance”? means the Friendly Definition.
Societies Housing Corporation Ordinance.

FORMS. (Reg. 17).

TRINIDAD AND TOBAGO.
Form No. 1.

FRIENDLY SOCIETIES HOUSING CORPORATION ORDINANCE.
Writ of Election of Delegate
By

Registrar of Friendly Societies,
Trinidad and Tobago.
To the Returning Officer of the
Friendly Society,
c/o Secretary,
Friendly Society.

Whereas by Regulations issued under section 6 of the Friendly Societies Housing
Corporation Ordinance, it is provided that for the purposes of every general election
of members of the Friendly Societies Housing Board by friendly societies holding
shares in the Corporation, and for the purposes of the election of members to supply
vacancies thereon caused by death, resignation, disqualification, expulsion or
otherwise, the Registrar shall issue a writ under his hand addressed to the Returning
Officers of all such societies.

And whereas it is expedient that a writ should be issued to you for the (general)
election of members to serve on the Friendly Societies Housing Board.

Now therefore I, , Registrar as aforesaid, do hereby require that notice
of the time and place fixed for the election of delegates having been first duly given
as required by law, you do between the day of and the day
of , at the Registered Office of the Friendly Society cause election
to be made according to law of a member (members) to the Board as aforesaid,
the date whereof is to be later fixed, and that, if necessary, you do cause a poll
to be taken and the name (names) of such member (members) when so elected to
be certified to me according to law not later than the day of

Dated this day of ,19

Registrar of Friendly Societies,
Trinidad and Tobago.
216

Ch. 38. No. 3.] Friendly Societies Housing Corporation.



TRINIDAD AND TOBAGO.
Form No. 2.

FRIENDLY SOCIEITES HOUSING CORPORATION ORDINANCE.
Oath of Returning Officer.

I, | the undersigned, having been appointed Returning Officer for the
Friendly Society, do swear that I will act faithfully in the capacity of
Returning Officer for the purposes of the election of delegates as stated on the face
hereof in accordance with the provisions of the Friendly Societies Housing Corpora-
tion Ordinance, and the Regulations made thereunder, without partiality, fear,
favour or affection and to the best of my ability.
So help me God.

Returning Officer.
Sworn before me at , this day of , 19
Justice of the Peace
or
Commissioner of Affidavits.

TRINIDAD AND TOBAGO.
Form No. 3.
FRIENDLY SOCIETIES HOUSING CORPORATION ORDINANCE.
Assumption of Duty.

1, , the undersigned, have this day of , 19 — , assumed
duties as Returning Officer for the Friendly Society for the purposes of the
election of delegates stated on the face hereof.

Full name of Returning Officer.
Address.

TRINIDAD AND ToRAGO.
Form No. 4.

FRIENDLY SOCIETIES HOUSING CORPORATION ORDINANCE.

Statutory Declaration of a Person Elected as a Delegate to Conference of

Delegates.
1, of , do solemnly and sincerely declare as follows :—
1. That 1 was on the day of elected by the Friendly

Society to be a delegate to a conference of delegates to be called within ninety days
of such date for the purpose of electing members to the Friendly Societies Housing
Board.

2. That I am duly qualified to be elected a member of the Friendly Societies
Housing Board and I possess the following qualifications :-—

(a) Tama British Subject by birth (or naturalisation).

(b) 1 am over the age of 21 years.

(c) 1 have resided in the Colony of Trinidad and Tobago for a period of
years.

1 make this declaration conscientiously believing the same to be true and according
to the Statutory Declarations Ordinance, and | am aware that if there is any state-
ment in this declaration which is false in fact and which T know or believe to be false
or do not believe to be true, I am liable to tine and imprisonment.

Signed
Declared before me this day of , 19
Signed

Justice of the Peace

or
Commissioner of Affidavits.
Friendly Societies Housing Corporation. [Ch. 38. No. 3.

TRINIDAD AND TOBAGO.
Form No. 5.

FRIENDLY SOCIETIES HOUSING CORPORATION ORDINANCE.
Writ of Appointment of Supervisor of Elections.
By

Registrar of Fricndly Socteties,
Trinidad and Tobago.
To

Whereas by Regulations issued under section © of the Friendly Societies Housing
Corporation Ordinance, it is provided that for the purposes of the holding of a
conference of delegates and for the purposes of an election of members (or a member)
to the Friendly Societies Housing Board the Registrar shall appoint a Supervisor
of Elections.

And whereas the seats of members elected by societies of the said Friendly
Societies Housing Board have by effluxion of time become vacant (or And Whereas
the seat of a member of the Friendly Societies Housing Board, elected by societies,
has become vacant on account of the death, resignation, expulsion or otherwise
of a member of the said Friendly Societies Housing Board).

Now therefore I, , Registrar of Friendly Societies doth hereby appoint
you as Supervisor of Elections for the purpose of holding and conducting
the elections of members (member) to the Friendly Societies Housing Board at
the Conference of Delegates to be holden on the day of , and require
you to cause a return of the election of the candidates to be made to me according
to law immediately following the said elections. And for the aforesaid purposes
you are to hold, enjoy, perform and exercise the tights, powers, duties and privileges
attaching to the said office of Supervisor of Elections under the provisions of the
Friendly Societies Housing Corporation Ordinance, and the Regulations made
thereunder.

Dated this day of ,19
Registrar of Friendly Societies,

Trinidad and Tobago.

(a)
ACCEPTANCE OF OFFICE AS SUPERVISOR OF ELECTIONS.

I, , the undersigned do this day of , 19 , accept the
office of Supervisor of Elections for the purposes stated on the face hereof, and have
accordingly assumed duties as such Supervisor.

Full name of Supervisor of Elections.

Address.
(b)
RETURN OF BALLOT FOR MEMBERS OF THE FRIENDLY SOCIETIES HOusING Boarp
holden the day of , 19 , at the conference of delegates at :
and conducted by Supervisor.
*Number of votes cast for [give name of person]

” ” ” ” ” ”

” ” ” ” ” ”

” ” ” ” ” ”

Number of valid Ballot Papers” .
Number of rejected Ballot Papers ... ee ss is Ge
Total number of Ballot papers found in Ballot box ie Se
* Give numbers in decreasing order of magnitude starting with the name of
the person for whom the largest number of votes has been cast.

217
218

Ch. 38. No. 3.] Friendly Societies Housing Corporation.

DECLARATION.

I, , undersigned appointed Supervisor of Elections in respect of the
conference of delegates holden at the day of , 19 , do
hereby swear that the above statement is a true and exact record of votes given
at the aforesaid conference, and that the said votes were cast in my presence and
that I have faithfully performed all my duties as Supervisor aforesaid and that
(give name) Election Clerk, has likewise duly and faithfully performed his duties
pertaining to the said conference under my supervision.

So help me God.
Supervisor of Elections.
Before me.
Justice of the Peace
or
Commissioncr of Affidavits.

TRINIDAD AND TOBAGO,
Form No. 6.

FRIENDLY SOCIETIES HOUSING CORPORATION ORDINANCE.

Oath of Supervisor of Elections.

I, , the undersigned having been appointed Supervisor of Elections to
the Friendly Societies Housing Board to take place at the conference of delegates
to be holden at on the day of , do swear that I will act

faithfully in the capacity of Supervisor of Elections according to law, without
partiality, fear, favour, or affection and that I will keep secret the names of the
candidates for whom any of the delegates at the above-mentioned conference votes in
my presence at this election.
So help me God.
Supervisor of Elections.
Sworn before me this day of , 19
Justice of the Peace

oO
Commissioner of Affidavits.

TRINIDAD AND TOBAGO.
Form No. 7.

FRIENDLY SOCIETIES HOUSING CORPORATION ORDINANCE.
Oath of Election.

1, | the undersigned, having been appointed Election Clerk to the
conference of delegates to be holden at on the day of , do
swear that | will act faithfully in the capacity of Election Clerk in accordance with
the provisions of the Friendly Societies Housing Corporation Ordinance, and of
any Kegulations made thereunder, without partiality, fear, favour or atiection to
the best of my ability.

So help me God.
Election Clerk.

Sworn before me this day ot »19 7
Justice of the Peace
or
Commissioner of Affidavits.
Credit Union Societies. [Ch. 38. No. 4. 219



CHAPTER 38. No. 4.
CREDIT UNION SOCIETIES.

AN ORDINANCE RELATING TO CREDIT UNION CO-OPERATIVE Ordinance

SOCIETIES. No. 48-1945.
[29th December 7 1945.] Commence-
ment,
INTRODUCTORY.

1. This Ordinance may be cited as the Credit Union Short title.
Societies Ordinance.

2. In this Ordinance, if not inconsistent with the context, Interpre-
the following terms shall have the meanings hereinafter ‘*°™
respectively assigned to them:—

“amendment of rule ”’ shall include a new rule, and
a resolution rescinding a rule;

“credit committee ’’ shall mean the credit com-
mittee of a credit union registered under this Ordinance;

“credit union’”’ shall mean a co-operative credit
society registered under this Ordinance;

“land ’”’ shall include hereditaments and chattels
real;

““ meeting ”’ shall include (where the rules of a credit
union so allow) a meeting of delegates appointed
by members;

“ office ’’ shall mean the registered office for the time
being of a credit union;

“‘ officer ’’ shall mean the president, vice-president,
treasurer and secretary, and any member of the
committee of management, or of the credit and
supervisory committee for the time being duly elected
in accordance with the rules of the credit union;
Socicties
which may
be registered.

Ch. 38. No. 4.] Credit Union Societies.

‘persons claiming through a member ”’ shall include
the executors or administrators, and the assigns of
a member, and also his nominee where nomination is
allowed;

“ Petty Civil Court ”’ shall mean a Petty Civil Court
under the Petty Civil Courts Ordinance;

‘property "’ shall include all real and_ personal
estate (including books and papers);

“rules "’ shall mean the registered rules for the
time being, and shall include any registered amend-
ment of rules;

“savings bank’ includes the Post Office Savings
Bank and any bank licensed under the Bankers
Licences and Bank Notes Ordinance or the Local
Savings Banks Ordinance;

“the Registrar’ shall mean the person appointed
by the Governor as Registrar of Credit Unions.

3. A society which may be registered under this Ordinance
(herein called a credit union) is a society carried on on a
strictly co-operative basis whose objects shall be the
promotion of thrift among its members and the creation of a
source of credit for its members only at legitimate rates of
interest exclusively for provident or productive purposes
and with those objects in view, and without prejudice to
the generality of the provisions of this Ordinance, a credit
union on its registration under this Ordinance shall be
empowered —

(a) to receive the savings of its members either as
payment on shares or as deposits; but no credit
union which takes such deposits shall make any pay-
ment of capital while any claim due on account of
any such deposit is unsatisfied ;

(0) to make loans to members only exclusively for
provident or productive purposes, provided that in
no case shall interest on any such loan exceed the
rate of twelve per centum per annum;

(c) to make loan to a co-operative or other organisa-
tion having membership in the credit union, at a rate
not exceeding twelve per centum per annum;

(d) to deposit in a savings bank, and, to any extent
Credit Union Societies. [Ch. 38. No. 4.

221



which shall not exceed twenty-five per centum of its
capital, invest in the shares of any society or societies
registered under the Building Societies Ordinance;

(e) to borrow money as in manner hereinafter
provided ;

(f) to draw, make, accept, endorse, discount,
execute, and issue promissory notes, bills of exchange
(save as hereinafter expressly excepted), bills of
lading, warrants and other negotiable or transferable
instruments;

(g) to impose and collect fines for breaches of the
rules of the credit union;

(h) to do all such other acts and things as are
incidental or conducive to or consequential upon the
attainment of the above objects.

FORMATION AND APPLICATION FOR REGISTRY.

4. (1) No society can be registered under this Ordinance
which does not consist of twelve persons at least having
a pre-existing community of interest by reason of occupa-
tion, or association, or by reason of such persons dwelling
within a well defined area, for example, a village or
plantation.

(2) For the purpose of registry, an application to
register the credit union in a form approved by the Registrar
signed by twelve persons having such pre-existing com-
munity of interest as is defined in the preceding subsection
of this section to the satisfaction of the Registrar, (one of
whom shall act as the secretary), together with two printed
copies of the rules shall be sent to the Registrar. There
shall also be sent to the Registrar a list of the full names
and addresses of the committee of management. Every
change in the list of the members of the committee of
management shall thereafter be notified forthwith to the
Registrar in writing by the secretary.

(3) No credit union shall be registered under a name
identical with that under which any other registered credit
union is registered, or so nearly resembling such name as to
be likely, or in any name likely, in the opinion of the
Registrar, to mislead the members or the public as to its
identity.

Who may
form a
credit union.

Application
for registry.
222

Acknowledg-
ment of
registry,

2nd
Schedule.

Appeals from
refusal to
register,

Effect of
acknowledg-
ment of
registry.

Ch. 38. No. 4.] Credit Union Soctettes.

(4) Notwithstanding anything to the contrary con-
tained in the Bankers Licences and Bank Notes Ordinance
and the Local Savings Banks Ordinance, a credit union shall
not be deemed to be engaged in any business in the nature
of banking so as to be obliged to obtain a licence under either
of the said Ordinances; but nothing in this Ordinance shall
be so construed as to confer any right on a credit union, to
issue any bank notes within the meaning of that term as
defined in the Bankers Licences and Bank Notes Ordinance.

(5) Notwithstanding anything to the contrary con-
tained in the Agricultural Co-operative Societies Ordinance
the word ‘“ Co-operative ’’ shall be included in the name of
every credit union registered under this Ordinance.

(6) A credit union shall not be required to obtain a
licence under the Moneylenders Ordinance in order to carry
on the business of money lending.

(7) The words “ Credit Union (Co-operative) Society
Limited ”’ shall be the last words in the name of every credit
union registered under this Ordinance.

REGISTRATION.

5. The Registrar, on being satisfied that a credit union
has complied with the provisions as to registry in force under
this Ordinance, shall issue to such society an acknowledg-
ment of registry in the form in the Second Schedule hereto.

6. (1) If the Registrar refuses to register the society or
any rules or amendments of rules, the credit union may
appeal from such refusal to a Judge of the Supreme Court
sitting in Chambers.

(2) If the refusal of registry is overruled on appeal, an
acknowledgment of registry shall thereupon be given to the
credit union by the Registrar.

7. The acknowledgment of registry shall be conclusive
evidence that the credit union therein mentioned is duly
registered unless it is proved that the registry of the credit
union has been suspended or cancelled.
Credit Union Societies. [Ch. 38. No. 4.

CANCELLING AND SUSPENSION OF REGISTRY.

8. (1) The Registrar may cancel the registry of a society
by writing under his hand—

(a) if at any time it is proved to his satisfaction that
the number of the members of the credit union has
been reduced to less than twelve, or that an acknow-
ledgment of registry has been obtained by fraud or
mistake, or that the credit union has ceased to exist;

(b) if he thinks fit, at the request of a society to be
evidenced in such a manner as he shall from time to
time direct ;

(c) on proof to his satisfaction that the credit union
exists for an illegal purpose, or has wilfully and after
notice from the Registrar violated any of the provisions
of this Ordinance.

(2) The Registrar in any case in which he might under
paragraph (c) of subsection (1) of this section cancel the
registry of a credit union, may suspend the same, by writing
under his hand, for any term not exceeding three months

and may renew such suspension from time to time for the

like period.

(3) A credit union shall be deemed to have ceased to
exist when, inter alia—

(a) no regularly convened meeting of the committee
of management or other governing body of a credit
union has been held at the time and place appointed
by the rules for holding the same during a continuous
period of twelve months;

(0) any prescribed return required to be submitted to
the Registrar has not been so submitted in respect
of two consecutive years;

(c) no election of officers of the credit union has been
held in the manner prescribed by the rules for two
consecutive years ;

(d) it has been reported to the Registrar by the
accountant appointed for the purpose of section 13,
or by the Inspector appointed under section 18, or
the Registrar is satisfied from a report so submitted
to him by any one of such persons that the credit
union is insolvent, or must necessarily become so,

223

Cancelling
and suspen-
sion of
registry.
Rules,

Ch. 38. No.4.) Credit Union Societies.

and in the Registrar’s opinion no further business

should be transacted.

(4) Not less than one month's previous notice in
writing, specifying briefly the ground of any proposed
cancelling or suspension of registry, shall be given by the
Registrar to a credit union before the registry of the same
can be cancelled (except at its request) or suspended, and
notice of every cancelling or suspension shall be published
in the Royal Gazette and once a week for two weeks in a local
newspaper, as soon as practicable after the same takes place.

(5) A credit union may within thirty days from the
date of the Royal Gazette in which the advertisement
appears appeal from the cancelling of its registry, or from
any suspension thereof to a Judge of the Supreme Court
sitting in Chambers.

(6) A credit union whose registry has been suspended
or cancelled shall from the date of publication in’ the
Roval Gazette of notice of such suspension or cancelling
(but if suspended, only whilst such suspension lasts and
subject also to the right of appeal hereby given) absolutely
cease to enjoy as such the privileges of a credit union, but
without prejudice to any liability actually incurred by such
credit union, which may be enforced against the same as
if such suspension or cancelling had not taken place.

9. (1) The rules of a credit union registered under this
Ordinance shall contain provisions in respect of the several
matters following—

(a) object, name and registered office of the credit
union ;

(0) terms of admission of the members;

(c) mode of holding meetings, right of voting, and
of making, altering or rescinding rules;

(¢) appointment and removal of the committee of
management, by whatever name, of managers or
other officers, the credit committee, the education and
supervisory committees, and their respective powers
and remuneration;

(c) the face value of shares and the application for
issue of and payment for the same; the determination
of the rate of dividends on shares; provision for
Credit Union Societies. [Ch. 38. No. 4. 225



the transfer and the form of transfer and registration
of the shares, and for the consent of the committee
thereto; determination whether the shares or any of
them shall be withdrawable, and provision for the
mode of withdrawal and for payment of the balance
due thereon on withdrawing from the credit union;

(f) the operation of deposit accounts, interest thereon
not to exceed three per centum per annum,

(g) the making of loans to members, and the interest
payable thereon which must not exceed twelve per
centum per annum,

(4) the imposition and collection of fines on members;

(i) the mode of application of profits, including (i)
the amount and nature of funds to be credited to
reserve and the mode of disposing of such reserve, and
(ii) the setting aside of an amount towards an “ educa-
tion fund” to be used compulsorily for educational
purposes ;

(/) provision for the audit of accounts;

(k) determination whether and how members may
withdraw or be expelled from the credit union, and
provision for the claims of the representatives of
deceased members, or the trustees of the property of
bankrupt members and for the payment of nominees;

(/) provision for the custody and use of the seal of
the credit union;

(m) determination whether, and by what authority
and in what manner, any part of the capital may be
invested.

(2) The rules set forth in the regulations made under
this Ordinance may be adopted wholly or in part or varied,
provided there shail be no exclusion or variation inconsistent
with the provisions of this Ordinance.

(3) A copy of the rules of a credit union shall be
delivered by the credit union to every person on demand on
payment of a sum not exceeding fifty cents.

AMENDMENT OF RULES.

10. (1) None of the rules of a credit union relating to the Amendment
matters and things specified in section 9 may be amended ae
T.—-VI. 15
226

2nd
Schedule.

Registered
office,

Aftiixing of
registered
name,

Compulsory

annual
audit,

Ch. 38. No. 4.] Credit Union Soctettes.

save by special resolution passed in the manner provided in
this Ordinance.

(2) An amendment of a rule of a credit union shall not
be valid until the same has been registered under this Ordi-
nance for which purpose two copies of the same, signed by
three members and the secretary, shall be sent to the
Registrar.

(3) The Registrar shall, on being satisfied that any
amendment of a rule is not contrary to the provisions of this
Ordinance, issue to the credit union an acknowledgment of
registry of the same in the form in the Second Schedule
hereto which shall be conclusive evidence that the same is
duly registered.

Duties oF REGISTERED CREDIT UNIONS

11. Every credit union shall have a registered office to
which all communications and notices shall be addressed,
and shall send to the Registrar notice of the situation of
such office and of every change therein.

12. Every credit union shall paint or affix and keep
painted or affixed its registered name on the outside of ev ery
office or place in which the business of the credit union is

carried on, in a conspicuous position, in letters easily legible
and have its registered name engraven in legible characters
on its seal, and have its registered name mentioned in
legible characters in all notices, advertisements, and other
official publications of the credit union, and in all bills of
exchange, promissory notes, endorsements, cheques, and
orders for money or goods, purporting to be signed by or
on behalf of such credit union, and in all bills of parcels,
invoices, receipts, and letters of credit of the credit union.

(1) Every credit union shall once in every year
submit its accounts for audit to one or more accountants
appointed by the Registrar with the approval of the
Governor, and in default of such appointment, to an
accountant nominated by the credit union and approved by
the Governor, and shali pay the prescribed fees for such
audit. Such appointment shall be made by the Registrar
during the month of January in every year.
Credit Union Societies. [Ch. 38. No. 4.

227



(2) An auditor so appointed shall not hold any office
in the credit union.

(3) The auditor shall have access to all the books,
deeds, documents and accounts of the credit union, and shall
examine the balance sheets showing the receipts and
expenditure, funds, and effects of the credit union, and
verify the same with the books, deeds, documents, accounts
and vouchers relating thereto, and shall either sign the same
as found by him to be correct, duly vouched, and in accord-
ance with law, or specially report to the credit union in
what respects he finds them incorrect, unvouched or not
in accordance with the law.

14, (1) Every credit union shall once in every year not
later than the last day of June send to the Registrar a list
of the names and addresses of the officers of the credit
union, and an annual return of the receipts and expenditure,
funds and effects of the credit union as audited, and a
statement showing the number of members, the shares held
by each such member, and the total sum owing by each
member to whom a loan was made by the credit union.
Such list, return and statement shall be prepared as at the
last day of the preceding month of December.

(2) The annual return —

(a) shall be signed by the auditor;

(b) shall show separately the expenditure in respect
of the several objects of the society;

(c) shall be made up from the date of its registra-
tion or last annual return of the credit union to that of
its last published balance sheet, and shall disclose
the financial position of the credit union as at the
last day of the preceding month of December which
shall be the last day of the financial year of the credit
union ;

(d) shall state whether the audit had been conducted
by an auditor appointed as by this Ordinance is pro-
vided and by whom.

(3) A credit union shall, together with the annual
return, send to the Registrar a copy of the report of the
auditor and a copy of each balance sheet made during the
period included in the return.

15 (2)

Annual
returns,
228

Supply of
annual
returns.

Exhibition
of balance
sheet.

Inspection
of books by
members.

inspection of
credit unions.

Ch. 38. No. 4.] Credit Union Societies.

15. Every credit union shall supply gratuitously to every
member or person interested in the funds of the society,
on his application, a copy of the last annual return of the
credit union for the time being.

16. Every credit union shall keep a copy of the last
balance sheet for the time being together with the report
of the auditor always hung up in a conspicuous place at the
registered office of the credit union.

INSPECTION OF Books.

17. (1) Save as provided by this Ordinance, no member or
person shall have any right to inspect the books of a credit
union notwithstanding anything in the existing rules
relating to such inspection.

(2) Any member or person having an interest in the
funds of a credit union shall be allowed to inspect his own
account and the books containing the names of the members
at all reasonable hours at the registered office of the credit
union, or at any place where the same are kept, subject
to such regulations as to the time and manner of such
inspection as may be made from time to time by the general
meetings of the credit union.

(3) A credit union may, by its rules, authorise the
inspection of any of its books therein mentioned, in addition
to the said books containing the names of members under
such conditions as are thereby imposed, so that no person
unless he be an officer of the credit union, or be specially
authorised by a resolution thereof, shall have the right to
inspect the deposit or loan account of any other member
without his written consent.

18. (1) The Governor may appoint a person to be Inspec
tor of credit unions, and such inspector shall be under the
direction of the Registrar.

(2) It shall be the duty of the Inspector of credit
unions—

(a) to inspect, enquire and examine into the affairs
of credit unions; and for such purpose he may admin-
ister oaths, require the attendance of any person and
Credit Union Societies. [Ch. 38. No. 4.



the production of any books or documents relative
to his inspection, enquiry and examination ;

(b) to report annually to the Registrar respecting
the financial status of credit unions; and

(c) to perform such other duties as may from time
to time be assigned to him by the Registrar.

SERVICE OF DOCUMENTS.

19. A document may be served on a credit union by
leaving it at or sending it by prepaid registered post
addressed to the registered office of the credit union.

PRIVILEGES OF CREDIT UNION.

20. No individual or partnership, or body of persons
whether incorporated under any Ordinance or Charter or
not, shall use the words “ credit union ”’ or any abbreviation
or derivative thereof, as part of its business or corporate
name unless registered under this Ordinance, and any
individual, partnership or body of persons contravening
the provisions of this section shall be guilty of an offence
under this Ordinance and shall be liable to a fine of forty-
eight dollars.

21. The registration of a credit union shall render it a
body corporate by the name described in the acknowledg-
ment of registry, by which it may sue or be sued, with
perpetual succession and a common seal, and with limited
liability.

22. The rules of a credit union shall bind the credit
union and all members thereof and all persons claiming
through them respectively to the same extent as if each
member had subscribed his name thereto, and there were
contained in such rules a covenant on the part of such
member, his executors, administrators and assigns to
conform thereto, subject to the provisions of this Ordinance.

23. (1) All moneys payable by a member to a credit
union, shall be a debt due from such member to the credit
union, and shall be recoverable as such either in the Petty

229

Service on
credit
unions.

Registration
of use of
words

“ credit
union.”

Effect of
registration.

Rules to
bind mem-
bers.

Recovery of
debts from
members.
230

Promissory
notes and
bills of
exchange.

I-xemption
from stamp
duty.

Qualification
for member-
ship.

Ch. 38. No. 4.) Credit Union Socteties.



Civil Court of the district in which the registered office of the
society is situate or in that of the district in which such
member resides, at the option of the credit union.

(2) A credit union shall have a lien on the shares of
any member for any debt due and payable to it by him,
and may set off any sum credited to the member thereon
in or towards the payment of such debt.

24. A promissory note or bill of exchange shall be deemed
to have been made, accepted or endorsed on behalf of any
credit union, if made, accepted or endorsed in the name of the
credit union, or by or on behalf or on account of the credit
union, by any person acting under the authority of the
credit union.

25. (1) Stamp duty shall not be chargeable upon any of
the following documents —

(a) draft or order or receipt given by or to a credit
union in respect of money payable by virtue of its
rules or of this Ordinance;

(o) bond given to or on account of a credit union or
by the treasurer or other officer thereof;

(c) policy of insurance, or appointment or revocation
of appointment of agent, or other document required
or authorised by this Ordinance or by the rules of a
credit union.

(2) Any affidavit or statutory declaration required
er authorised by this Ordinance or by the rules of a credit
union shall not be chargeable with the fee of forty-eight
cents required to be paid by the affixing of stamps thereto.

MEMBERSHIP.

26. (1) Membership of a credit union shall be limited
to persons having a pre-existing community of interest by
reason of occupation or association, or by reason of such
persons dwelling within a well defined area, for example, a
village or plantation.

(2) The membership of a credit union shall consist of
the persons who signed the application for registry, not
being less than twelve in number, together with such other
Credit Union Societies. [Ch. 38. No. 4. 231



persons or co-operative organisations, whether incorporated
or not, composed for the most part of the same general
group as constitute the membership of the credit union.

(3) A person under the age of twenty-one but
above the age of fourteen may be a member of a credit
union, but he may not be a signatory to the application for
registry, and he may, subject to the rules of the credit
union, enjoy all the rights of a member except as by this
Ordinance otherwise provided and execute all instruments
and give all acquittances necessary to be executed or given
under the rules. He shall not be a member of the com-
mittee of management, the credit committee or the
supervisory committee, but he may be a paid servant in
the employ of the credit union.

REGISTER OF MEMBERS.

27. Any register or list of members or shares kept by any Register of
credit union shall be prima facie evidence of any of the mimes:
following particulars entered therein—

(a) the names, addresses and occupations of the
members, the number of shares held by them respec-
tively, the number of such shares, if they are dis-
tinguished by numbers and the amount paid or agreed
to be considered as paid on any such shares ;

(b) the date at which the name of any person entitled
to membership was entered in such register or list
as a member;

(c) the date at which any such person ceased to be a
member.

SHARE CAPITAL AND SHARES.

28. (1) The share capital of a credit union shall be Share
unlimited in amount and shall consist of the payments “Pita!
that have been made to it and subscribed by the several
members thereof on shares. The credit union shall have a
lien on the shares and deposits of a member for any sum
due to the credit union (including fines) from the said
member or for any loan endorsed by him.

(2) An entrance fee not to exceed twenty-five cents Entrance fee.
shall be payable by every member. ,
232

Purchase of
shares by
mistalments.
Restriction
on holding
oft share
capital,

Liability of
Members to
creditors,

Nomination
for sums not
exceeding
tive hundred
dollars,

Ch. 38. No. 4.] Credit Union Soctettes.

(3) Shares may be purchased by instalments payable
at such time and in such manner as the rules may provide.

(4) No member shall hold) more than twenty per
centum of the total issued share capital of a credit union
at the time of the allotment of shares to such member,

(5) Every member shall be liable to the creditors of
a credit union for the debts and abilities of the credit
union to an amount equal to the amount unpaid on the
shares held by him and until the whole amount of his
shares has been paid up, but no member shall be liable
in respect of such unpaid balance until execution at the
suit of the creditors against the credit union has been
returned unsatistied in whole or in part.

DEVOLUTION AND TRANSMISSION OF SHARES.

29. (1) A member of a credit union net being under the
age of sixteen may, by writing under his hand delivered at
or sent to the registered office of the credit union during the
life time of such member or made in any book kept thereat,
nominate any person or persons to or among whom there
shall be paid at his decease such moneys in the credit union
as may be his at the time of his decease (whether in shares,
or deposits) or so much thereof as is specified ino such
hemination, if the nomination does not comprise the
whole. If on the death of the nominator the amount of
his property in the credit union comprised in the nomination
exceeds five hundred dollars the nomination shall be valid
to the extent of the sum of five hundred dollars, but not
further or otherwise: Provided that a person so nominated
shall not be an officer or servant of the credit union unless
such officer or servant is the husband, wife, father, mother,
child, brother, sister, nephew or niece of the nominator,
A child shall include an illegitimate child.

(2) A nomination so made may be revoked or varied
by a subsequent nomination signed and delivered or
sent or made as aforesaid, or by any similar document in
the nature of a revocation or variation under the hand of
the nominator so delivered, sent or made as aforesaid, but
shall not be revocable or variable by the will of the
nominator or by any codicil thereto.

(3) The credit union shall keep a book wherein the


c vedtt U nion Soctettes. [Ch. 38. No. 4.

names of all persons so nominated and all revocations or
variations (if any) of such nominations shall be recorded,
and the amount to the credit of the nominator comprised
in any such nomination to an amount not exceeding five
hundred dollars shall be payable (subject to the restriction
herein imposed) to the nominee.

(+) The marrage of a member of a credit union
shall operate as a revocation of any nomination made
by him before such marriage, provided that in the event of
an officer of a credit union having paid any moneys standing
to the credit of a member to a nominee, in ignorance of a
marriage contracted subsequent to the date of the nomina-
tion, the receipt of the nominee shall be a valid discharge
to the credit union and the credit union shall be under no
liability to any other person claiming such property.

30. On receiving satisfactory proof of the death of
nonunator, the committee of a credit union shall, subject
to the limitation on amount hereinbefore provided, pay
to the person entitled under the nomination (subject
to the restriction herein imposed) the full value of the
shares given to him and/or the sum held on deposit for
the nominater the subject of the nomination.

31. (1) Tf any member of a credit union the full value
of whose shares and whose deposits in the credit union
together do not exceed at his death, tive hundred dollars,
dies intestate, without having made any nomination
thereof then subsisting, the committee of management
may, Without letters of administration, distribute the sum
representing the full value of such shares and such deposits
among such persons as appear to a majority of the members
constituting such committee, upon such evidence as they
may deem satisfactory, to be entitled by law to receive the
same.

(2) If any such member as in this section referred to
is illegitimate and is not survived by a husband, or wife
(as the case may be) or by lawful issue, or by any person
who, under the provisions of the Legitimation Ordinance
is entitled to the property of any such member, the
committee of management shall deal with his or her property
in the credit union as the Governor may direct.



233

1 Proceedings

on the death
ofa
nominator.

Provisions
on intestacy.
234

Death
duties to be
paid before
credit union
pays money
on death of
member.

Transfer of
shares.

Withdrawal
from meni-
bership.

Expulsion
from mem-
bership.

Appeal from
expulsion.

Ch. 38. No. 4.] Credit Union Soctettes.

(3) No money payable in pursuance of sections 29,
30 or 31 without a grant of probate or of administration
shall be paid unless upon the production to the committee
of management of the credit union of the certificate of the
Commissioner of Estate Duties setting forth that the duties
(if any) under the Estate and Succession Duties Ordinance
on all property passing on the death of the member, has
been paid or secured to be paid, or that no duties are
pavable under the said Ordinance.

32. (1) Subject to the provisions of this Ordinance and
of the rules of a credit union in that behalf, shares in a
credit union may be assigned or transferred by a member
to another member or withdrawn by him.

(2) No such assignment or transfer shall be valid
unless and until approved by the committee of manage-
ment; and no such assignment, transfer or withdrawal
shall be approved which shall result in reducing the number
of members below twelve, nor shall any such assignment
or transfer be approved which would result in the transferee
holding more than twenty per centum of the total issued
share capital at the time of the registration of such
assignment or transfer.

DETERMINATION OF MEMBERSHIP.

33. A member may withdraw from the credit union at
any time on giving such notice of withdrawal as may be
required by the rules.

34. (1) The committee of management may by a_ two-
thirds majority vote of its members present at a meeting
convened for the purpose expel a member from the credit
union. A concise statement in writing of the grounds
alleged for such expulsion must first have been served
upon the member and he must also have been given a
reasonable opportunity of being heard in his own defence.

(2) An appeal from the finding of the committee
may be made by an expelled member to the next general
meeting of the credit union on fifteen days prior notice in
writing to the secretary. A majority of the members
Credit Union Societies. [Ch. 38. No. 4.



present may confirm or disallow the expulsion of the
appellant.

35. A member who withdraws or is expelled from a
credit union shall be entitled to the money standing to his
credit in the books of the credit union at the date of his
withdrawal or expulsion, but he shall not by reason of such
withdrawal or expulsion be released from any liability
to the creditors of the credit union existing at the time of
his withdrawal or expulsion as provided in subsection (5)
of section 28.

36. (1) The managing committee of a credit union may
by its rules require not more than ninety days notice of
intention to withdraw shares and not more than thirty days
notice of intention to withdraw deposits, and may withhold
payments due or expelled or withdrawing members under
section 35 for the like periods respectively applicable.

(2) Notwithstanding anything to the contrary in this
section contained, a credit union may by a two-thirds
majority vote of the members present and voting at a general
meeting specially convened for the purpose suspend for a
period not exceeding a calendar year all payments in
respect of shares or deposits,

37. (1) Members of administrative committees, and
officers and other members entrusted with or participating
in the management of a credit union’s affairs, shall not be
at liberty to withdraw or transfer their shares during
the exercise of their functions.

(2) In the event of the insolventy of a credit union
any withdrawal of any such member or officer or any
transfer of his interest made within six months preceding
such insolvency shall be null and void as against any
creditors of the credit union to the extent of such withdrawal
or transfer.

LoaANs TO MEMBERS AND INTEREST THEREON.

38. (1) Subject to the provisions of section 42 a credit
union shall make no advances by discount, loan or otherwise

235

Effect from
expulsion.

Notice of
withdrawal.

Suspension
of payments
of deposits
or for shares.

Withdrawal
or transfer
of officers’
shares.

Withdrawal
of officers.

Loans to
members
only.
236

Reser Ve
fund.

Fducation
fund

Ch. 38. No. 4.] Credit Union Soctettes.

to, nor accept deposits from any individual or body of
persons other than from members of such credit union.

(2) Every loan shall be made exclusively for a

provident or productive purpose.

(3) Interest rates on loans made by a credit union
shall not be in excess of the rate of twelve dollars per centum
per annum on unpaid balances.

(4) An assignment of the shares or other property of
the borrowing member in the credit union may be taken as
security for a loan.

(5) No loan shall be made to an officer of a credit
union of a sum in excess of the value of his shares and
deposits and accumulated dividends and interest: thereon
save with the consent in writing of all the members (other
than a borrowing officer) constituting the committee of
management, the loans committee and the supervisory
committee.

CREATION AND OPERATION OF SPECIAL FUNDS.

39. A reserve fund shall be created and maintained by
every credit umion. All entrance fees and fines collected
from members together with such percentage as shall be
approved by the committee of management of the net
earnings of the credit union at the end of every financial
year and before the declaration of a dividend, shall be
transterred to the said reserve fund, The reserve fund shall
not in any circumstances be distributable among members
by way of dividend or otherwise save on the liquidation
of the credit union, nor may advances or loans be made
thereout to members, but, the moneys representing such
fund may be applied against bad loans to members or
losses incurred in the realisation of approved investments.

40. The comnuttee of management shall, after making
provision for the reserve fund and before declaring a
dividend to the members of a credit union, set aside a
sum not exceeding five per centum of the net earnings in a
special fund which shall be used exclusively for such
educational purposes as the education committee appointed
for the purpese shall determine, and all moneys so set aside
Credit Union Societies. [Ch. 38. No. 4.

shall be expended for such purposes within two vears
after having been so set aside.

PROPERTY AND FUNDS OF CREDIT UNION,

41. A credit union may (if its rules do not direct other-
wise) hold, purchase, take on lease in its own name, any
lands, and may sell, exchange, mortgage, lease or build
upon the same, or grant the same (with power to alter
and pull down buildings and again rebuild), and no pur-
chaser, assignee, mortgagee, tenant or bond holder, shall be
bound to enquire as to the authority for any such sale,
exchange, mortgage or lease by the credit umion, and the
receipt of the credit union shall be a discharge for all
moneys arising from or in connection with such_ sale,
exchange, mortgage, lease or heritable security.

42. (1) A credit unien may invest any part of its capital
in or upon any security authorised by its rules, and also,
if the rules do not otherwise provide, in or upon any of the
securities hereinafter enumerated, that is to say-—

(a2) mor upen any security in which trustees are for
the time being authorised by law to invest;

(6) in or upon any mortgage, bond, debenture,
debenture stock, corporation steck, annuity, rent-
charge, rent or other security (not being securities
payable to bearer) authorised by or under any
Ordinance; or

(c) in the shares or on the security of any other
society registered under this Ordinance or under the
the Building Societies Ordinance, or of any company
registered under the Companies Ordinance or incor-
porated by Ordinance or by Charter, provided that no
such investments be made in the shares of any society
or company other than one with limited liability.

(2) A credit union may invest its capital and funds

in a savings bank.

(3) A credit union so investing shall be deemed to be

a person within the meaning of the Companies Ordinance.

43. A credit union which has invested any part of its
capital in the shares or on the security of any other body

Holding of
land.

Investments
by credit
unions,

Proxy of
credit union,
Discharge of
mortgage by
receipt
endorsed.

2nd
Schedule.

Receipt in
case of
liguidation,

Ch. 38. No. 4.] Credit Union Societies.

corporate May appoint as proxy any one of its members
not being a person under twenty-one years of age although
such member is not personally a shareholder of such other
body corporate. The proxy shall, during the continuance of
his appomtment, be taken in’ virtue thereof as holding
the number of shares held by the credit union by whom he
is appointed for all purposes except. the transfer of any
such shares, or the giving of receipts for any dividends
thereon,

DISCHARGE OF MORTGAGES BY RECEIPT ENDORSED.

44. (1) A receipt in full, signed by two members of the
committee and countersigned by the secretary of a credit
umon, for all moneys secured to the credit tinion on the
security of any property) to which such receipts relate
and being ino the forme ino the Second Schedule to this
Ordinance, or in any other form specified in the rules of
the credit: umion or any schedule thereto, if endorsed on
or annexed to any mortgage or assurance, shall vacate
the same and vest the property therein comprised in the
person entitled to the equity of redemption thereof without
any formal reconveyance or surrender.

(2) Wo such mortgage or other assurance has been
registered im the registry of deeds ino the office of the
Registrar General, the Registrar General shall, on produc-
tion of such receipt verified by oath or statutory declaration
of any person, enter satisfaction on the register of such
mortgage or of the charge made by such assurance, and
shall grant a certificate either upon such mortgage or
assurance or separately to the like effect, which certificate
shall be received in evidence in all courts and proc cedings
without further proof, and the Registrar General shall be
entitled for making the said entry and granting the said
certificate to a fee of sixty cents to be applied in the like
manner as other fees taken by the Registrar General in his
office.

45. When a credit union is in liquidation, the signature
to such a receipt as aforesaid of the liquidator for the time
being, described as such, shall have the same effect as
would under this Ordinance attach to a similar receipt
signed as aforesaid if the credit union were not in liquidation.


46. On payment of all moneys intended to be secured to
a credit union by any of the aforesaid securities, the
mortgagor or other debtor or his successor or representatives
shall be entitled to a reccipt in the appropriate form
provided by this Ordinance.

BoRROWING POWERS.

47. (1) A credit union may from time to time borrow
moneys not exceeding in the aggregate twenty-five per
centum of its combined share capital, deposits and reserves,
upon the unanimous vote of the members of the committee
of management, and may from time to time borrow moneys
not exceeding in the aggregate fifty per centum of its
combined share capital, deposits and reserves, upon the
three-fourths majority vote of its members present and
voting at a general meeting specially convened for the
purpose.

(2) Acredit union may charge, hypothecate, mortgage
pledge its real and personal property and its under-
takings, including its book debts and unpaid balances on
shares issued by the credit union, in pursuance of a
resolution passed as in manner provided in the foregoing
subsection,

VOTING.

48. (1) A member of a credit union shall have but a
single vote at any meeting of the credit union irrespective
of the number of shares cued to and held by him, and such
a member save as hereinafter mentioned shall in no
circumstances whatsoever vote by proxy.

(2) In the case of any organisation whether incor-
porated or not being admitted to membership, such
organisation shall vote through its duly accredited agent

appointed for the purpose under the seal of such organisa-
tion.

RETURNS AND DOCUMENTS:

49. Every return and every document required for the
purposes of this Ordinance shall be made in such form and
shall contain such particulars as the Registrar prescribes,
and shall be deposited and registered or recorded, with or

Credit Union Socteties. [Ch. 38. No. 4.

239

Compulsory
delivery of
receipt.

Power to
borrow,

Securities
for loans to
credit union,

Voting.

Forms and
deposits of
documents.
240 Ch. 38. No. 4. ] Credit U Tnion Societies.

without observations thereon, in) such manner as_ the
Registrar directs.

CONTRACTS.

Contracts of 50. Contracts on behalf of a credit union may be made,
oe varied or discharged as follows —

(a) any contract, which if made between private
persons would be by law required to be in writing, and
if made according to the law of this Colony to ‘be by
deed, may be made on behalf of the credit union in
writing under the common seal of the credit union,
and may in the same manner be varied or discharged ;

(6) any contract, which if made between private
persons would be by law required to be in writing
and signed by the persons to be charged therewith,
may be made on behalf of the credit union in writing
by any person acting under the express or implied
authority of the credit union, and may in the same
manner be varied or discharged ;

(c) any contract: by deed which if made between
private persons might be varied or discharged by a
writing not by deed, signed by any person interested
therein may be similarly varied) or discharged on
behalf of the credit union by a writing not by deed,
signed by any person acting under the express or implied
authority of the credit union;

(7) any contract which if made between private
persons would be by law valid though made by parol
only and not reduced into writing, may be made by
parol on behalf of the credit union, by any person
acting under the express or implied authority of the
credit union, and may in the same manner be varied
ov discharged ;

(c) any signature purporting to be made by a person
holding any office in the credit union, attached to a
writing whereby any contract purports to be made,
varied or discharged by or on behalf of the credit
union shall prima facie be taken to be the signature
of a person holding at the time when the signature
was made the office so stated.

All contracts which may be or have been made,
varied, or discharged according to the provisions
Credit Unton Societies. [Ch. 38. No. 4.

contained in this section shall, so far as concerns the
form thereof, be effectual in law and binding on the
credit union and all other parties thereto, their
executors or administrators as the case may be.

ORGANISATION AND MEETINGS.

51. Within fourteen days following the receipt by the
provisional secretary of the certificate of the registry of the
credit union, the secretary shall issue a notice convening
a general meeting to be known as the organisational
meeting for the purpose of electing the committee of
management of not less than five members, a credit com-
mittee of five members and a supervisory committee of
three members. The members constituting these committees
shall hold office until the first annual general meeting and
the election of successors. A list of the members constitut-
ing the committee of management shall be filed with the
Registrar within fourteen days of their election.

52. (1) The annual general meeting shall be held during
the month of July and special general meetings may be
called in the manner provided in the rules of the credit
union. The several committees above defined shall be
elected at the annual general meeting and the members
constituting these committees shall hold office until the
succeeding annual general meeting and the election of
successors. A list of the members constituting the com-
mittee of management shall be filed with the Registrar as
in manner hereinabove provided.

(2) No member of the supervisory committee may be
elected or appointed a member of the committee of manage-
ment, or of the credit committee, nor may any member
be elected to the supervisory committee so as to hold
office for more than three consecutive terms.

53. (1) The committee of management shall at their first
meeting to be held within fourteen days of their election
elect from their own members a president, and_vice-
president. They shall also appoint a secretary, assistant
secretary and treasurer any one or all of whom may be a
member or members of the committee of management,

T.—VI, 16

241

Organisa-
tional
meeting.

Annual
general
meeting.

Election and
appointment
of officers,
Remunera-
tion of cer-

tain ofticers.

Financial
year.

Security by
financial
officers,

Ist Schedule,

Ch. 38. _No. 4.) Credit Union Soctettes.

but may not be a member or members of the supervisory
committee. The committee of management shall also
appoint an education committee of not more than five
members any one or more of whom may be members of
the committee of management.

(2) No member of the committee of management, or
of the credit, supervisory or education committee shall be
paid any remuneration or receive any gratuity whatsoever:
Save that the secretary, assistant secretary and treasurer
shall receive such remuneration as may be agreed by
members at a general meeting irrespective of their member-
ship in the committee of management.

54. The financial year of every credit union shall end on
the last day of December.

OFFICERS IN RECEIPT OR CHARGE OF MONEY.

55. (1) Every officer of a credit union having receipt or
charge of money shall, before taking upon himself the
execution of his office, become bound with one sufficient
surety at the least ina bond in the form contained in the
First Schedule to this Ordinance, or such other form as the
committee of management may approve, or give the security
of a guarantce society, in such sum as the committee directs,
conditioned for his rendering a just and true account of
all moneys received and paid by him on account of the
credit union at such times as its rules appoint, or as the
credit union or the committee of management thereof
require him to do, and for the payment by him of all sums
due from him to the credit union.

(2) Both the principal and the surety shall make a
statutory declaration, testifying to the sufficiency of the
security furnished by the bond.

(3) Within seven days after receipt of the policy of
assurance issued by the guarantee society or after the
execution of the bond, as the case may be, the policy or the
bond together with the above mentioned declaration shall
be forwarded by the credit union to the Registrar who shall
thereupon issue his certificate as to the lodgment thereof;
and a copy of the policy or bond certified under the hand of
the Registrar shall be receivable in evidence without
Credit Union Socteties. [Ch. 38. No. 4.

further proof of the contents of the signing, execution or
issuing thereof.

(4) The committee of management of the credit union
or the Registrar in their or his absolute discretion and
without assigning any reason for so doing, may require the
principal at any time to verify the sufficiency of the bond
or other security so given by him or to furnish a fresh policy

of assurance or bond with one sufficient surety at the least. |

56. Every officer of a credit union having receipt or
charge of money, or his executors or administrators, shall,
at such times as by the rules of the credit union he should
render account, or upon demand made, or notice in writing
given or left at his last or usual place of residence, give in
his account as may be required by the credit union, or by the
committee of management thereof, to be examined and
allowed or disallowed by them, and shall on the like demand
or notice pay over all moneys and deliver all property for
the time being in his hands or custody to such person as the
credit union or the committee of management appoint;
and in case of any neglect or refusal to deliver such account,
or to pay over such moneys or deliver such property in
manner aforesaid, the credit union may sue upon the bond
or security before mentioned, or may apply to a Magistrate
who may order the delivery of such account or property
or the payment over of such sums of money with costs,
and, in default of such delivery or payment the person
making such default may be sentenced to imprisonment for
three months; and the order of such Magistrate shall be
conclusive.

DISPUTES.

57. (1) Every dispute between a member of a credit
union or any person aggrieved who has for not more than
six months ceased to be a member of a credit union, or any
person claiming through such member or person aggrieved
or claiming under the rules of a credit union, and the credit
union or any officer thereof, shall be decided in manner
directed by the rules of the credit union, and the decision
so given shall be conclusive and binding on all parties
without appeal, and shall not be removable into any court

165(2)

243

Officer in
charge of
money to
render
account,

Decision of
disputes.
Ch. 38. No. 4.] Credit Union Soctettes.

of law or restrainable by injunction, and application for the
enforcement thereof may be made to any Magistrate.

(2) Any party to a dispute in a credit union may
apply to the Registrar to hear and determine the same, and
the Registrar may, if he thinks fit, and after proper notice
given to the parties to such dispute, hear and determine such
dispute, and shall have power to order the expenses of
determining the dispute to be paid either out of the funds of
the credit union, or by such parties to the dispute as he may
think fit and his determination and order shall have the
same effect and be enforceable in like manner as a decision
made in the manner directed by the rules of the credit
union,

(3) For the purpose of hearing and determining any
such dispute the Registrar to whom a dispute is referred
may administer oaths, and mi ay require the attendance of all
parties concerned, and of witnesses, and the production of
all books and documents relating to the matter in question;
and any Saag refusing to attend or to produce any
documents, to give evide nee before the Registrar, shall
be guilty of an offence under this Ordinance.

(4) Where the rules contain no direction as to dis-
putes, or where no decision is made on a dispute within
forty days after application to the credit union for a
reference under its rules, or where the Registrar refuses :
hear and determine a dispute, the member or person
agerieved may apply to the Magistrate of the district
Wherein is situated the registered office of the credit union
who may hear and determine the matter in dispute.

(5) Notwithstanding anything contained in the Arbi-
tration Ordinance or in any other Ordinance the Magistrate
and the Registrar or any arbitrator or umpire to whom a
dispute is referred under the rules of a credit union shall
not be compelled to state a case on any question of law
arising in the case, but the Magistrate or Registrar may, at
the request of either party, state a case for the opinion of the
Supreme Court, on any question of law, and may also grant
to any party such discovery as to documents and otherwise
or such inspection of documents as might be granted by
the Supreme Court, and discovery shall be made on behalf
of the credit union by such officer thereof as the Magistrate
or Registrar may determine.
Credit Union Societies. (Ch. 38. No. 4.

SPECIAL RESOLUTIONS.

58. (1) For the purposes of this Ordinance a special
resolution shall mean a resolution which is—

(a) passed by a majority of not less than three-
fourths of such members of a credit union for the time
being entitled under the rules to vote as may have
voted in person, or by a duly accredited agent in the
case of a member other than an individual where the
rules so provide, at any general meeting of which
notice specifying the intention to propose the resolu-
tion, has been duly given according to the rules; and

(b) confirmed by a majority of such members for the
time being entitled under the rules to vote as may have
voted in person or by a duly accredited agent in the
case of a member other than an individual where the
rules so provide, at a subsequent gencral meeting of
which notice has been duly given, held not less than
fourteen days nor more than one month from the day
of the meeting at which such resolution was first passed.

At any mecting mentioned in this section a declara-
tion of the chairman that the resolution has been carried
shall be deemed conclusive evidence of the fact.

(2) A copy of every special resolution signed by the
chairman of the meeting at which the resolution was con-
firmed and countersigned by the secretary, shall be sent to
the Registrar and registered by him, and until that copy
is so registered the special resolution shall not take effect.

DIssoLUTION OF CREDIT UNIONS.
59. A credit union may be dissolved

(a) by an order to wind up the credit union, or a
resolution for the winding up thereof, made as_is
directed in regard to companies by the Companies
Ordinance, the provisions whereof shall apply to any
such order or resolution, except that the term “ Regis-
trar ” shall for the purpose of such winding up have the
meaning given to it by this Ordinance; or

(b) by the consent of three-fourths of the members,
testified by signatures to an instrument of dissolution.

245



Special
resolutions
procedure,

Provisions
as to dis-
solution of
credit
unions.
246

Liability of
members in

winding up.

Provisions
to mstru-
ment ot
dissolution,

Ch. 38. No. 4.] Credit Union Societies.

60. Where a credit union is wound up in pursuance of an
order or resolution the liability of a present or past member
of the credit union to contribute for payment of the debts
and hiabilities of the credit union, the expenses of the
winding up, and the adjustment of ‘the rights of contribu-
tories amongst themselves, shall, subject to the provisions
of section 37, be qualified as follows-—

(a) no person who has ceased to be a member for one
vear or upwards prior to the commencement of the
winding up shall be liable to contribute;

(6) no person shall be liable to contribute, in respect
of any debt or lability contracted after he ceased to be
a member;

(¢) no person, nota member, shall be liable to con-
tribute, unless it appears to the court that the con-
tributions of the existing members are insufficient: to
satisfy the Just demands on the credit union;

(7) no contribution shall be required from any person
exceeding the amount, if any, unpaid on the shares
in respect of which he is liable as a past or present
member ;

(¢) a person shall be taken to have ceased to be a
member in respect of any share withdrawn from the
date of the notice or applivation for withdrawal.

61. (1) Where a credit union is terminated by an instru-
ment of dissolution

(a) the instrument of dissolution shall set forth the
habilities and assets of the credit union in detail, the
number of members and the nature of their interests
in the credit union respectively, the claims of creditors
(if any) and the provisions to be made for their payment,
and the intended appropriation or division of the funds
and property of the credit union, unless the same be
stated in the instrument of dissolution to be left to the
Registrar;

(6) alterations in the instrument of dissolution may
be made with the like consents as hereinbefore pro-
vided, and testified in the same manner;

(c) a statutory declaration shall be made by three
Credit Union Societies. [Ch. 38. No. 4.



members and the secretary of the credit union that the
provisions of this Ordinance have been complied with,
and shall be sent to the Registrar with the instrument
of dissolution, and any person knowingly making a false
ot fraudulent declaration in the matter shall be guilty
of a misdemeanour }

(d) the instrument of dissolution and all alterations
therein shall be registered in the manner herein pro-
vided for the registry of rules, and shall be binding
upon all the members of the credit union ;

(c) the Registrar shall cause a notice of the dis-
solution to be advertised at the expense of the credit
union once a week for four weeks in the Roval Gazette
and in a daily local newspaper; and unless within three
months from the date of the Roval Gazette in which
such advertisement first appears, a member or other
person interested in or having any claim on the funds
of the credit union commences proceedings to set
aside the dissolution of the credit union in the Petty
Civil Court of the district in which the registered
office of the credit union is situate, and such dissolution
is set aside accordingly, the credit union shall be legally
dissolved from the date of such advertisement and the
requisite consents to the instrument of dissolution shall
be considered to have been duly obtained without
proof of the signatures thereto;

(f) notice shall be sent to the Registrar of any
proceedings to set aside the dissolution of a credit
union not less than fourteen days before it is commenced
by the person by whom it is taken, or of any order
setting it aside, within fourteen days after it is made,
by the credit union.

(2) On dissolution, the credit union shall not he
dissolved and registration of the credit union shall not be
cancelled until a certificate signed by the liquidator or by
the secretary or some other officer of the credit union
approved by the Registrar has been lodged with the Regis-
trar that ail property vested in the credit union has been
duly conveyed or transferred by the credit union to the
persons entitled.

247

TT
248

Offences,

Bankrupt
not to be
olticer of
eredit uation,

Danutation
ot office

holding.

Offences by
eredit unions
to be also
offences by
othcers,

Ch. 38. No. 4.] #& redit Union Soctettes.

OFFENCES, PENALTIES AND LEGAL PROCEEDINGS.
62. It shall be an offence under this Ordinance if—

(a) a credit union, or an officer or member thereof,
or any other person, fails to give any notice, send any
return or document, do or allow to be done anything
which the credit union, officer or member, or person
is by this Ordinance required to give, send, do or allow
to be done; or

(6) a credit union, or an officer or member thereof,
or any other person, wilfully neglects or refuses to do
any act, or to furnish any information required for the
purposes of this Ordinance by the Registrar, or by
any other person authorised under this Ordinance,
or does anything forbidden by this Ordinance; or

(c) a credit union, or an officer or member, thereof,
or any other person, makes a return, or wilfully
furnishes information in any respect false or insufh-
cient; or

(¢) where a dispute is referred under this Ordinance to
the Registrar, a person refuses to attend or to produce
any documents, or to give evidence before the Registrar.

63. (1) No person who is an undischarged bankrupt or
has compounded with his creditors or has made an arrange-
ment or composition with his creditors under the Bank-
ruptey Ordinance or the Deeds of Arrangement Ordinance
shall be elected or appointed, or if so elected and appointed,
shall act as an officer of a credit union.

(2) Any person acting in contravention of this section
shall be liable to a fine of ninet y- -six dollars.

64. No person shall hold the office of treasurer in more
than one credit union.

65. Every offence by a credit union under this Ordinance
shall be deemed to have been also committed by every
officer of the same bound by the rules thereof to fulfil the
duty whereof such offence is a breach, or, if there be no such
officer, then by every member of the committee of the same,
unless such member be proved to have been ignorant of or
Credit Union Societies. [Ch. 38. No. 4.

to have attempted to prevent the commission of such
offence.

66. Every act or default under this Ordinance con-
stituting an offence, if continued, shall constitute a new
offence in every week during which the default continues.

67. (1) If any person obtains possession by false repre-
sentation or imposition of any property of a credit union,
or having the same in his possession withholds or misapplies
the same, or wilfully applies any part thereof to purposes
other than those expressed or directed in the rules of the
credit union and authorised by this Ordinance, he shall,
on such complaint as is in this section mentioned, be liable
to a fine of ninety-six dollars and costs, and to be ordered to
deliver up all such property, or to repay all sums of money
applied improperly, and in default of such delivery or
repayment, or of the payment of such fine and costs as
aforesaid, to be imprisoned for three months:

Provided that where on such a complaint against a
person of withholding or misapplying property, or applying
it for unauthorised purposes, it is not proved that that
person acted with any fraudulent intent, he shall not be
liable to conviction but may be ordered to repay any sum
of money applied improperly, with costs, and in default
of such delivery or repayment or of the payment of such costs
as aforesaid to be imprisoned for three months.

(2) Complaints under this section may be made-—

(a) in the case of a credit union, by the credit union
or any member authorised by the credit union, or the
committee thereof; or

(b) in any case, by the Registrar or by any person
authorised in writing by the Registrar.

(3) Nothing in this section shall prevent any such
person from being proceeded against by way of indictment,
if not previously convicted of the same offence under this
Ordinance.

68. If any person wilfully makes, orders, or allows to be
made any entry or erasure in, or omission from, any balance
sheet of a credit union, or any contribution or collecting

249

Continuing
offences.

Punishment
of fraud or
misappro-
priation.

Penalty for
falsification.
250

Penalty for
Hot using
name of

credit) union,

Delivery of

untrue rules.

Penalty tor
otdinary

offences

Reeovery
of penalties,

Ch. 38. No. 4.] Credit Union Socteties.

book, or any return or document required to be sent, pro-
duced, or delivered for the purposes of this Ordinance, with
intent to falsify the same, or to evade any of the provisions
of this Ordinance, he shall be liable to a fine of two hundred
and forty dollars.

69. If any officer of a credit union or any person on its
behalf, uses any seal purporting to be a seal of the credit
union, Whereon its name is not engraved as aforesaid, or
issues or authorises the issue of any notice, advertisement,
or other official publication of the credit union, or signs or
authorises to be signed on behalf of the credit union any
billofexchange, promissory note, endorsement, cheque, order
for money or goods, or issues or authorises to be issued any
receipt, or letter of credit of the credit union, wherein its
name is not mentioned in manner aforesaid, he shall be
lable to a fine of two hundred and forty dollars, and shall
further be personally liable to the holder on any such bill
of exchange, promissory note, cheque, or order for money
or goods for the amount thereof unless the same is duly
paid by the credit union.

70. It shall be an offence under this Ordinance if any
person with intent to mislead or defraud gives to any other
person a copy of any rules, other than the rules for the time
being registered under this Ordinance, on the pretence that
the same are existing rules of a registered credit union, or
that there are no other rules of such credit union, or gives
to any person a copy of any rules on the pretence that such
rules are the rules of a registered credit union when the
credit union is not registered.

71. Every credit union, officer or member of a credit
union, or other person, guilty of an offence under this
Ordinance tor which no penalty is expressly provided herein,
shall be Hable to a fine of ninety-six dollars.

72. (1) Unless otherwise expressly provided, all offences
under this Ordinance may be prosecuted, and all penalties
imposed by this Ordinance or by any regulations thereunder,
or by the rules of a credit union, may be recovered in the
manner provided by the Summary Courts Ordinance.
Credit Union Soctettes. [Ch. 38. No. 4.

(2) Any such penalty shall be recoverable at the suit
of the Registrar or by any person authorised in writing
by the Registrar or by any person aggrieved.

73. In every case where no time is specially limited for
making a complaint for an offence under this Ordinance,
such complaint shall be made within three years from the
time when the matter of such complaint arose, and not
after.

GENERAL.

74. (1) The Governor in Council may make regulations
respecting registry and procedure under this Ordinance, and
the duties and functions of the Registrar, and the inspection
of documents kept by the Registrar under this Ordinance,
and generally for carrying this Ordinance into effect.

(2) Unless otherwise provided by such regulations,
the forms contained in the Second Schedule to this Ordinance
shall be used.

75. Regulations made under this Ordinance shall have no
force or effect until they have been approved by the Legis-
lative Council.

76. The list mentioned in section 14 communicated by a
credit union under the same section shall be signed by the
secretary, and when received by the Registrar, shall be
entered in the register, and a copy of any such entry,
purporting to be certified under the hand of the Registrar,
shall, without any further proof of the signature of the
Registrar, be prima facte evidence in all Courts of Justice
that any person named therein has been duly appointed to
the office or for the purposes therein set forth.

77. Every document purporting to be signed by the
Registrar, or any inspector, or auditor, appointed under
this Ordinance, shall, in the absence of any evidence to the
contrary, be received in evidence without proof of his
signature.

251

Time limit
for making
complaints.

Regulations
for carrying
out
Ordinance,

2nd
Schedule.

Approval of
regulations.

List of
Officers to
be evidence
of appoint-
ment.

Evidence of
documents.
Duties of
the
Registrar.

Kees,

(Section
45 (1).)

Ch. 38. No. 4) Credit Union Soctettes.

78. The Registrar shall in every year make a return to
the Governor containing in respect of every credit union
the following particulars—

(a) the date of registration and the objects of the
credit union;

(b) the iuiniber of members on the roll of the credit
union and the number of shares together with the
aggregate nominal value of such shares issued and
held by cach member, and the total sum on loan to
members outstanding on the last day of December
in every year;

(c) the amount of money invested on real or other
security in conformity with the rules of the credit
union in that behalf;

(d) the amount of money deposited in a bank or in
the treasurer's hands on the preceding thirty-first
day of December ;

(ec) a report of his proceedings and of the principal
matters transacted by him;

(f) such other matters as may be prescribed.

79. Ascale of fees to be paid for matters to be transacted
or for the inspection of documents under this Ordinance
may be prescribed by the Governor in Council.

SCHEDULES.

FIRST SCHEDULE.

Form of Bond.

Kwow all men by these presents that we A.B. of , one of the
officers having receipt or charge of money of the Credit Union (Co-operative)
Society Limited, hereinafter referred to as the “ Credit Union,” whose registered
office is at in the Island of and C.D. of (as surety on
behalf of the said A.B.) are jointly and severally held and firmly bound to the
Credit Union, in the sum of to be paid to the Credit Union or their certain
Attorney, for which payment well and truly to be made we jointly and severally
bind ourselves, and each of us by himself, our and each of our executors and
administrators, firmly by these presents:

Dated the day of ,19
Whereas the above bounden A.B. has been duly appointed to the office of
of the Credit Union (Co-operative) Society Limited, and he, together with

the above bonnden C.D. as his surety, have entered into the above written bond
subject to the condition hereinafter contained; Now therefore the condition of the
s
wn
w

Credit Unton Societies. [Ch. 38. No. 4.



above written bond is such, that if the said A.B. do render a just and true account
of all moneys received and paid by him on account of the credit union, at such
times as the rules thereof appoint, and do pay over all the moneys remaining in his
hands, and assign and transfer, or deliver all property (including books and papers)
belonging to the Credit Union in his hands or custody to such person or persons
as the Credit Union or the committee thereof appoint according to the rules of
the Credit Union, together with the proper and legal receipts or vouchers for such
payments, then the above written bond shall be void but otherwise shall remain
in full force.

Signed and Delivered
in the presence of

SECOND SCHEDULE.

Form of Receipt to be endorsed on Mortgage or Further Charge. (Section 44.)

The Credit Union (Co-operative) Society, Limited, hereby acknowledges
to have received all moneys intended to be secured by the within (or above) written
deed.

Dated this dav of ,19

Members of the
Committee of
J Management.

Secretary.

Acknowledgment of Registry of Credit Union. (Section 5.)

The Credit Union (Co-operative) Society Limited, is registered under the
Credit Union Societies Ordinance this day of ,19

Registrar of Credit Union Societies.

Acknowledgment of Registry of Amendment of Rules. (Section

Sectic
The foregoing amendment of the rules of Credit Union (Co-operative) 10 (3).)

Society Limited, is registered under the Credit Union Societies Ordinance,

this day of , 19

Registrar of Credit Union Socicties.

TRINIDAD anp TOBAGO.

Revised Ordinances, 1950.

CHAPTER 339.

MUNICIPAL GOVERNMENT AND
COUNTY COUNCILS.

1.—PoORT-OF-SPAIN CORPORATION.

2.—ST. JAMES AREA IMPROVEMENT.

3.—Dry RIVER.

4.—BELMONT IMPROVEMENT RATE.

53.—East Dry RIVER IMPROVEMENT RATE.
6.—PORT-OF-SPAIN CORPORATION (ELECTRICITY).
7.—SAN FERNANDO CORPORATION.

8.—SAN FERNANDO RECREATION GROUND.
9.—SaNn FERNANDO ELECTRIC WorKS.

.10.—San FERNANDO AND ARIMA HUCKSTERS,

PEDLARS AND PORTERS.

. 11.—ARIMA CORPORATION.

. 12.—MUNICIPAL ELECTIONS.

. 13.—MunIcipaL CoRPORATIONS (PENSIONS).
. 14.—PRINCE’S BUILDING.

. 15.—County CouncILs.
256 Ch. 39. No. 1] _Port- of Spain Corporation.



CHAPTER 39. No. 1.
PORT-OF-SPAIN CORPORATION.

Ordinances AN ORDINANCE TO CONSTITUTE PORT-OF-SPAIN A MUNI-
Ch.39. No.1

1940. CIPAL CITY, TO INCORPORATE THE INHABITANTS THERE-

No. 6 1041, OF, AND TO PROVIDE FOR THE GOOD GOVERNMENT OF
O40 —~
" oe oo THE CITY AND FOR OTHER PURPOSES INCIDENTAL
71950. THERETO.
Commence- [20th June, 1914.]
ment. : °
PART I.

PRELIMINARY.

Short title. 1. This Ordinance may be cited as the Port-of-Spain
Corporation Ordinance.

Interpre- 2. In this Ordinance—

mon “ Board“ means the Port-of-Spain Town Board
constituted under Ordinance No. 19 of 1907:

‘Board of Health’ means the Central Board of
Health under the Public Health Ordinance;

“ City’ means the City of Port-of-Spain as defined
by this Ordinance, together with any extensions
thereof under the powers conferred by section 6 of this
Ordinance;

‘ City Engineer " means the person for the time being
holding the ‘office of City Engineer under the Cor pora-
tion, and any other person for the time being performing
the duties of the City Engineer with the authority of
the Corporation ;

‘continuing offence’ where the beginning of the
execution of any work is an offence in respect whereof
the offender is liable under this Ordinance, or under any
Port-of-Spain Corporation. [Ch. 39. No. 1



bye-law, rule, or regulation, to a penalty, the existence
of the work during its continuance in such a form and
state as to be in contravention of the Ordinance or of
the bye-law, rule, or regulation shall be deemed to be a
continuing offence, but a penalty shall not be incurred
in respect thereof after the expiration of one year from
the day when the offence was committed or the bye-
law, rule, or regulation was broken;

‘corporate land ’’ means land belonging to or held
in trust for the Corporation ;

“corporate office’? means the office of Mayor,
Deputy Mayor, Alderman, or Councillor;

“Corporation ’’ means the Mayor, Alderman, and
Gas of the City;

“ Council’ means the Council of the Corporation;

»”

“owner ’’ means the person in possession of or in
receipt either of the whole or of any part of the rents
or profits of any land or tenement, whether in his own
right or as a trustee or personal representative of any
other person, or in the occupation of such land or
tenement other than as a tenant from year to year, or
for any less term, or as a tenant at will;

“ preceding Port-of-Spain Corporations ’’ means the
following corporate bodies; namely, the corporate
body known as ‘“‘ The Mayor and Burgesses of Port-
of-Spain ’’ constituted under the Municipal Corpora-
tions Ordinance, No. 10 of 1853, the corporate body
known as the “ Port-of- Spain Town Commissioners ”’
constituted under Ordinance No. 1 of 1899, and the
corporate body known as the “ Port-of-Spain Town
Board ” constituted under Ordinance No. 19 of 1907;

‘“‘ premises ’’ includes messuages, buildings, lands,
easements, and hereditaments of any tenure;
‘reputed owner ”’ of any building or of any vacant
lot of land means the person entered as the owner of
such building or of such vacant lot of land in the House
Rate Book for the time being in force, or in any register
of ownership kept by the Corporation ;
‘statutory increase ’’ means any increase or per-
centage added to any rate, charge, or sum of money
whatsoever payable to the Corporation under this

T.—VI. 17

”
tr
mn
HN

Dissolution
of the Vort-
of-Spain

Fown Board.

Ch. 39. No. 1.] Port- Or Spain Corporation.

Ordinance or any other Ordinance for the time being
in force in the Colony, by reason of the non-payment
of any such rate, charge, or sum of money at or within
the time after the lapse of which such increase or
percentage is expressed to become payable;

“street ’’ includes any highway, and any public
bridge, road, lane, footway, square, court, alley, or
passage, whether a thoroughfare or not ;

“streets repairable by the Corporation ”” means
streets in the City which were in existence at the
commencement of the Municipal Corporations
Ordinance, 1853, streets which have been made or
formally taken over by any of the preceding Port-of-
Spain Corporations, and streets in the City which
have at any time been laid out and constructed in
conformity with the requirements of any Ordinance
for the time being in force relating to new streets;

“to value’ means to fix the annual rateable value
of any rateable hereditament in accordance with the
provisions of this Ordinance;

‘Town Clerk ”’ means the person for the time being
holding the office of Town Clerk and Treasurer under
the Corporation, and any person acting as Town
Clerk and Treasurer;

valuation ’’ means the sum fixed by the Corpora-
tion or by any assessment committee appointed by
the Corporation as the annual rateable value of any
rateable hereditament.

Dissolution of the Board.

(1) The corporate body created under the provisions
of a Port-of-Spain Town Board Ordinance, 1907, and
known as the Port-of-Spain Town Board, is, as from the
commencement of this Ordinance dissolved.

(2) All references in any rule, regulation, or bye-
law made under any Ordinance, or in any document of
whatsoever kind, public or private, to a preceding Port-of-
Spain Corporation shall be deemed to refer to the Corpora-
tion created and established by this Ordinance.

(3) All references in any rule, regulation, or bye-law
made under any Ordinance, or in any ‘resolution of anv of
Port-of-Spain Corporation. [Ch.39. No. 1.

259



the preceding Port-of-Spain Corporations, or in any
document whatsoever, to the Chief Commissioner shall be
deemed to refer to the Mayor.

(4) All references in any rule, regulation, or bye-law
made under any Ordinance, or in any resolution of any
of the preceding Port-of-Spain Corporations, or in any
document whatsoever, to the Town Superintendent or to
the Town Engineer shall be deemed to refer to the City
Engineer.

4. All powers, authorities, interests, rights, and privileges
vested in any of the preceding Port-of-Spain Corporations
shall, as and from the commencement of this Ordinance,
be deemed to have been transferred to and vested in the
Corporation; and all property, real and personal, belonging
to any of such preceding Port-of-Spain Corporations is
hereby declared to have been, as and from the com-
mencement of this Ordinance, transferred to and vested
in the Corporation.

PART II.
CONSTITUTION AND GOVERNMENT OF THE MUNICIPALITY.

5. (1) The City of Port-of-Spain is hereby declared to be
a municipal city and the inhabitants thereof a body
corporate bearing the corporate name of “‘ The Mayor,
Aldermen, and Citizens of the City of Port-of-Spain,”’
and by such name shall have perpetual succession.

(2) The Corporation shall have and use a common
seal to be approved, and from time to time altered, by the
Council, and such seal shall be judicially noticed.

Extent and division of the City.

6. (1) (a) For the purposes of this Ordinance, the
City shall include all the lands and houses and buildings
within the boundaries set forth in the First Schedule
hereto.

(b) For the removal of doubt, it is hereby declared
that the southern boundary of the City shall be the sea
wherever it may be either at the 9th day of February,
1950, or at any time thereafter.

17 (2)

Transfer of
powers,
rights and
property of
preceding
Corporations

Constitution
of Muni-
cipality.

Seal.

Extent of
City.

Ast Schedule.

Ord.32-1949,
s. 4.
200

extension
oft City

Extension
to he
advertised,

Valuation of
premises in
added areca,

Valuations
to take ctiect
trom date to
be fixed,

Extension to
be deemd to
have formed
part of City
for preceding
12 months.

Ch. 39. No. 1.] — Port-of-Spain Corporation.

(2) The Corporation may, by resolution, subject to
confirmation by the Governor in Council, extend the limits
of the City, and may add wards thereto or alter the
boundaries of any ward:

Provided that not less than one month’s notice of the
intention to bring forward such a resolution shall be given
by advertisement in the Roval Gazette and in one local
newspaper circulating in the City.

(3) The Council shall, as soon as convenient after the
incorporation of any area in the City under the powers
conferred by this section, cause an advertisement to be
inserted in the Roval Gazette and in one local newspaper
circulating in the City, describing the area so incorporated
and setting forth the fact of the approval of the Governor
in Council to such incorporation; and, in the case of the
addition of new wards or the alteration of the boundaries
of any ward, shall cause the same to be advertised in the
Koval Gazette and in one local newspaper circulating in the
City.

(4) The Council shall also, as soon as convenient after
the incorporation of any area in the City under the powers
conferred by this section, cause the several rateable heredita-
ments in such area to be valued in accordance with the
provisions of Part V of this Ordinance for the purpose of
fixing the house rate payable in respect thereof, and shall
cause such valuations and the rates payable in respect
thereof to be entered in the House Rate Book in force, or in
a separate book, in such manner and form as the Council
may prescribe.

(5) The valuations so made, subject to any variations
thereof on appeal, shall take effect from a day to be fixed by
resolution of the Council, and shall, for the purpose of
computing all rates payable in respect of such rateable
hereditaments, be deemed to be the valuations thereof
trom such date for the unexpired period of the current
tricnnial period; and the provisions of Part V of this
Ordinance relating to the service of notices of assessment,
to objections to the Corporation’s valuations, and to appeals
from the Corporation's decisions on such objections, shall
apply to such valuations,

(6) For all purposes relating to the qualifications of
burgesses and councillors, any area incorporated in the City
under the powers conferred by this section shall be deemed
to have formed part of the City during the whole of the
twelve months immediately preceding the date of such
incorporation.

(7) Save as otherwise expressly provided by this Ordi-
nance, all statutory enactments, bye-laws and regulations in
force and applicable to the City at the date of any extension
of the limits thereof under the powers conferred by this
section shall extend and apply to the area so added to the
City.

7. The City shall be divided into five separate wards,
each ward shall comprise all the houses within its boundaries
and such wards shall be designated and bounded respec-
’ tively f
Southern Ward :

On the North—By the South side of Tragarete Road
between French Street and Park Street, thence in an
Easterly direction along the Southern side of Park
Street from the Junction of Park Street and Tragarete
Road to the Dry River.

On the South—By the sea from a line in continuation
of the Eastern side of French Street to the Dry River.

On the East—By the Western side of the Dry River
from Park Street Bridge to the sea.

On the West—By the Eastern side of French Street
from Tragarete Road to Wrightson Road and by a line
drawn in continuation thereof in a Southerly direction
to the sea.

Northern Ward :

On the North—By the Northern boundary of the
City between the Maraval River and the St. Ann’s
Road.

On the South—By the Northern side of Tragarete
Road from the Maraval River to Park Street, thence
along the Northern side of Park Street to the Dry River.

On the East—By the Dry River.
On the West—By the Maraval River.

North-Eastern Ward :
On the North—By the Northern boundary of the



Port-of-Spain Corporation. |Ch. 39. No. 1.

201

Enactments
and bye-laws
applicable to
City to ex-
tend to
added area.

Division
into Wards.
Royal
Gazette,
13.4.1939.
262

Ch. 39. No. 1.| Port- of- Spain Corporation.

City between the Dry River and the Eastern boundary
of the City.

On the South—By a ravine running through
Gonzales Place, thence along this ravine to Thornhill
Street, thence along the Southern side of Thornhill
and Oxford Streets to Observatory Street, thence along
the Southern side of Observatory Street to the Dry
River.

On the East--By the Eastern boundary of the City
between the Northern boundary and Belle Eau Road,
thence continuing South along the Old City boundary
to the ravine running through Gonzales Place.

On the West—By the Dry River from Observatory
Street to the Northern boundary of the City.

South-Eastern Ward :

On the North —By the Southern boundary of the
North-Eastern Ward.

On the South—By the sea.

On the East - By the Eastern boundary of the City
from the sea to Laventille Road, thence along the
Old City boundary to the ravine running through
Gonzales Place.

On the West~ By the Dry River from Observatory
Street to the sea.

Wester Ward :

On the North By the City boundary from the
Western boundary of the City to Long Circular Road,
thence ina southerly direction alon g the Eastern side
of Long Circular Road to St. James Main Road, thence
in an Easterly direction along the Northern side of
St. James Main Road to the Maraval River, thence in
an Easterly direction along the South side of Tragarete:
Road trom Maraval River to French Street.

On the South—By the sea from the Western
boundary of the City to a line in continuation of the
Western side of French Street.

On the East—By the Western side of French Street
from Tragarete Road to Wrightson Road, thence by a
line in continuation thereof to the sea.
Port-of-Spain Corporation. [Ch.39. No.1

On the West—By the Western boundary of the City
from the Northern boundary of the City to the sea.

Burgesses.

8. (1) A person shall not be deemed to be a burgess for
any of the purposes of this Ordinance unless he is enrolled
as a burgess.

(2) A person shall not be entitled to be enrolled as a
burgess unless he is of full age and is a British subject by
birth or naturalization, or, being any other person, has
actually resided in the Colony for a continuous period of not
less than five years immediately preceding the 31st of
March in any year, and also possesses either the two quali-
fications (a) and (b) hereunder, or, alternatively, the
qualification (c) hereunder :—

(a) is, on the 31st of March in any year, and has been,
during the whole of the preceding twelve months, in
occupation of any house, warehouse, counting-house,
shop, or other building within the City (in this Ordin-
ance referred to as qualifying property) assessed in the
House Rate Book for the year, or of any portion of such
qualifying property for which he shall have really and
bona jide p aid during such preceding twelve months
not less ae $60 rent; or has, duting the same twelve
months, occupied as owner any qualifying property
assessed in the House Rate Book;

(b) has, during the same twelve months, resided
within the City or within ten miles thereof, such ten
miles to be measured along the nearest public road or
way by land or water;

(c) is, on the 31st of March, and has been, during the
whole of the preceding twelve months, 1n occupation
as a lodger of lodgings in the City, and as such lodger
has paid during the period above named not less than
$60 for rent only of such lodgings, or not less than $300
for rent and board combined; and has also resided in
such lodgings during the whole of such period.

(3) For the purposes of this section, the term “‘lodgings”’
shall mean any room or rooms, whether furnished or un-
furnished, separately occupied in a dwelling-house.

263

Qualifica-
tions of
burgesses.

Ord. 35- 1946,
s. 2.
264

Qualitica-
tions of
joint owners.

Property
may be
owned i
succession.

Right of
women to
vote.

Constitution
of Council.

Ch. 39. No. 1.] Port-of-Spain Corporation.

9. Where the qualifying property or any part thereof is
jointly occupied by more persons than one, each of such
occupiers shall be entitled in respect of such property or
part thercof jointly occupied if the annual rateable value at
which the property is rated to the house tax or the yearly
rent bond fide paid by such occupiers for one year at the
least in respect of the property shall be an amount which,
when divided by the number of occupiers, shall give a
bond fide rent of not less than $60 for each of such occupiers.

10. (1) The qualifying property need not be, during the
whole of the twelve months constituting the period of
qualification, the same property or in the same ward, but
may be different properties in the same ward or in different
wards.

(2) Where a person succeeds to qualifying property
by descent, marriage settlement, or devise, then, for the
purposes of qualification, the occupancy of the property by
a predecessor in title and the rating of the predecessor in
respect thereof shall be equivalent to the occupancy and
rating of the successor, and rating in the name of the
predecessor shall, until a new rate is made after the date of
succession, be equivalent to rating in the name of the
successor, and the successor shall not be required to prove
his own residence, occupancy, or rating before the
succession,

11. Vor all purposes connected with and having reference
to the right to vote at elections, the qualifications and
elections of Aldermen and Councillors and the election of
the Mayor and Deputy Mayor, words in this Ordinance
importing the masculine gender include women, whether
married or single.

Council, Mavor, Aldermen, and Councillors.

12. (1) The Corporation shall be capable of acting by the
Council, and the Council shall exercise all powers vested in
the Corporation by this Ordinance or otherwise.

(2) The Council shall consist of the Mayor, Aldermen,
and Councillors,
Port- -of- ‘Spain G orporation. _[Ch. 39. No. 1 .

13. (1) There shall be fifteen Councillors, who shall be fit
persons elected by the burgesses.

(2) Three Councillors shall be returned for each ward,
but!the Council may from time to time, with the approval of
the Governor in Council, alter the number of representatives
to be returned for any w ‘ard, provided that the total number
of Councillors shall remain fifteen.

(3) A person shall not be qualified to be elected or to
be or to continue to be a Councillor unless—-

(a) he is entitled to be, and is in fact enrolled as a
burgess; and

(b) he is a British subject by birth or naturalization ;
and

(c) he is possessed as absolute owner or as a tenant
for life or of some other estate of freehold of or in real
property assessed to the house rate at an annual rate-
able value of not less than $192, or is the actual tenant
of a house assessed to the house rate at an annual
rateable value of not less than $240 and as such tenant
has bond fide paid within the preceding twelve months
at least one year’s rent in respect of such house; or
alternatively

(d) he is in receipt of an income of not less than $960
per annum.

(4) A person shall be disqualified for being elected and
for being a Councillor—
(a) if and while he holds any office or place of profit,
other than that of Mayor or Deputy Mayor, in the gift
or disposal of the Corporation; or

(b) if he does not speak the English language; or

(c) if and while he is the holder of an office of
emolument under the Crown or under the Government
of the Colony;

(d) if and while he is an undischarged bankrupt; or

(e) if he has been convicted of treason or felony or
within the previous ten years he has been convicted of
any offence involving dishonesty; or

(f) if and while, being a person possessed of pro-
fessional qualification, he is disqualified to exercise the

205

Number and
qualifica-
tions of
Councillors,

Ord.35--1946,
8. 3,

Disqualifi-

cations,

Ord.35~1946,
s. 4,


266

Proviso as to
exceptions,

Proviso as to
exceptions.

Number,
qualification,
and term of
oftice of
Alderman,

Ch. 39. No. 1.] Port-of-Spain Corporation.



practice of his profession on account of any act involving
dishonesty; or

g) if and while he has, directly or indirectly, by
himself or his partner, any share or interest in any
contract or employment with, by, or on behalf of the
Corporation.

(5) Provided that a person shall not be disqualified by
reason of his being interested —
(a) in any sale, purchase, or lease of land to or from
the Corporation; or
(b) in any newspaper in which any advertisement
relating to the affairs of the Corporation is inserted; or

(c) in any company which contracts with the Cor-
poration for lighting the City or any part thereof or for
lighting or insuring against fire any property of the
Corporation in any part of the City; or

(d) in any agreement for the loan of money or any
security for the payment of money; or

of) in any contract with the Corporation as a director

shareholder in any company incorporated by or
ae rany Act of Parliament, or by Royal Charter, or
by or under any Ordinance; but he shall not take part
in any discussion of, or vote on, any question in which
such company is interested at any meeting of the
Council or of any committee thereof.

(6) Provided also, that a person shall not be disquali-
fied by reason of his receiving, as a medical practitioner, from
the Corporation, as the local authority of an urban sanitary
district, fees for the notification of cases of infectious
diseases under the Public Health Ordinance.

14. (1) The Aldermen shall be fit persons elected by the
Council.

(2) The number of Aldermen shall be five.

(3) A person shall not be qualified to be elected or to
be an Alderman unless he is a Councillor or qualified to be
a Councillor.

(4) If a Councillor is elected to and accepts the office
of Alderman he vacates his office of Councillor.
Port-of-Spain Corporation. [Ch. 39. No. 1.

267



(5) The term of office of an Alderman shall be three
years.

(6) On the ordinary day of election of Aldermen in
every third year, the whole number of Aldermen shall go
out of office and their places shall be filled by election.

15. (1) The term of office of a Councillor shall be three
years.

(2) On the ordinary day of election of Councillors in
every year, one-third of the whole number of Councillors for
each ward shall go out of office and their places shall be
filled by election.

(3) The third to go out shall be the Councillors who
have been longest in office without re-election.

16. (1) The Mayor shall be a fit and proper person
elected by the Council from among the Aldermen and
Councillors.

(2) The term of office of the Mayor shall be one year;
Provided always, that no person shall serve as Mayor for
more than three years in succession: Provided further,
that notwithstanding anything to the contrary in this sub-
section contained, the Mayor shall continue in office until
his successor in office has accepted office, and made and
subscribed the required declaration.

(3) The reasonable travelling expenses incidental to the
office of Mayor shall be paid out of the ordinary revenues of
the Corporation: Provided that such expenses shall not in
any year exceed the sum of $480.

(4) The Mayor shall receive an honorarium of $2,400
per annum payable out of the ordinary revenues of the

Corporation by equal monthly instalments at the end of each
month.

17. (1) The Mayor and Deputy Mayor shall by virtue of
their offices be Justices of the Peace for the City and shall,
unless disqualified for re-election to their respective offices,
continue to be Justices of the Peace during the year next
after they cease to be Mayor and Deputy Mayor re-
spectively.

Term of
office of
Councillor.

Qualifica-
tion, term of
office, and
salary of
Mavor.

Mayor anc
Deputy
Mayor to
be J.P.
268

Deputy
Mayor.

On death,
ete., of
Mayor, the
Deputy
Mayor
succeeds.

On death,
ete., of
Deputy
Mayor,
another
Alderman or
Councillor
to be
appointed.

Alderman

or Councillor

to be
appointed if
Mayor and
Deputy
Mayor are
both incap
able of
acting.

Ch. 39. No. 1.] Port-of-Spain Corporation.

(2) The disqualification above referred to shall not
include disqualification due to ineligibility for re-election as
Mayor by reason of any person having served as Mayor for

three successive years.

18. (1) The Council may appoint any Alderman or
Councillor to be the Deputy Mayor to hold office during the
term of office of the Mayor; and, in the absence or illness
of the Mayor, such Deputy Mayor shall be deemed to have
authority to exercise all the powers and discharge all the
duties vested in and imposed upon the Mayor under and by
virtue of this Ordinance; and in the event of the Deputy
Mayor discharging the duties of the Mayor for one month
or more, he shall, during such period, be entitled to be paid
the reasonable travelling and other expenses incidental to
the office of Mayor subject to the proviso contained in
subsection (3) of section 16 of this Ordinance; and all things
done, exercised, or suffered by the Deputy Mayor as
aforesaid shall be as valid and effectual in all respects as if
they had been done, exercised, or suffered by the Mayor.

(2) In the event of the death, resignation, or dis-
qualification from any cause of the Mayor, the Deputy Mayor
shall forthwith succeed to the office of Mayor, and shall con-
tinue in such office until the time when the Mayor whom he
succeeds would have gone out of office, and he shall then
go out of office.

(3) Inthe event of the death, resignation, or disqualifi-
cation from any cause of the Deputy Mayor, the Council may
appoint any other Alderman or Councillor to be the Deputy
Mayor, to hold office for such term, not exceeding the term
of office of the then Mayor, as the Council may, by resolution,
determine.

(4) If the Mayor is dead or is absent or otherwise in-
capable of acting in the exercise of his powers and duties
under this or any other Ordinance for the time being in
force, and the Deputy Mayor is also incapable of acting
for any of the reasons hereinbefore specified, the Council
shall forthwith elect an Alderman or Councillor to execute
those powers and duties in place of the Mayor for such
term as the Council may, by resolution, determine.
Port-of-Spain Corporation. [Ch. 39. No. 1.

Officers of the Corporation.

19. The Corporation may appoint a fit person, not being
a member of the Council, to be the Town Clerk and Treasurer.
of the City, and he shall hold office during good behaviour ;
and the Corporation may remove him from office for any
such misconduct as would warrant removal from any office
held during good behaviour.

20. (1) The Town Clerk shall have the charge and custody
of, and be responsible for, the charters, deeds, records, and
documents of the City, and they shall be kept as the Corpora-
tion may direct.

(2) The Town Clerk shall,in books to be by him kept
for that purpose, enter true accounts of all moneys received
by him and paid on behalf of the Corporation, and of the
several matters for which such moneys shall have been
received and paid, and the said books shall at all times be
open to inspection by the Mayor and Councillors or any of
them.

(3) The Town Clerk shall attend all meetings of the
Council and shall draw up the minutes of such meetings, and
shall cause the same to be printed and bound and kept in
annual volumes or otherwise as the Council may direct.

(4) He shall also, whenever required, attend meetings
of any committee of the Council and draw up the minutes
of the reports thereof, as the case may be.

21. (1) The Corporation may appoint a fit person, not
being a member of the Council, to be the Deputy Town
Clerk of the City, who shall hold office during the pleasure
of the Corporation.

(2) In case of the illness, absence, resignation, or
death of the Town Clerk, the Deputy Town Clerk, if any,
shall act as Town Clerk, and if there be no Deputy Town
Clerk, the Corporation shall forthwith appoint a fit and
proper person, not being a member of the Council, to act as
Town Clerk; and pending such appointment by the Cor-
poration, the Mayor may appoint a fit and proper person,
not being a member of the Council, to act as Town Clerk;
and all things required or authorised by law to be done by

269

The Town
Clerk.

Duties of the
Town Clerk.

Deputy
Town Clerk.

Power to
appoint
person to
act as
Town Clerk..
270