—(1) Where on complaint made by a member of a registered society or by the Registrar it is shown to the satisfaction of a District Court or a Magistrate’s Court that any officer or member of that society has in his possession or control any property of the society otherwise than in accordance with the rules of the society, or has unlawfully withheld any money of the society or wilfully applied such money to purposes other than those expressed or directed in the rules of the society and authorised by this Act, the Court shall, if it considers the justice of the case so requires, order the officer or member to deliver all such property to the trustees of the society or such other persons as the Court may appoint and to pay to them the money so unlawfully withheld or improperly applied.
(2) A complaint made under subsection (1) other than a complaint made by the Registrar shall not be entertained unless the Court is satisfied that the complainant is, on the date of the complaint, a member of the registered society in respect of whose property the complaint is so made.
(3) Any person who, bound by an order made under subsection (1), fails to comply with the terms of the order and the directions in the order within a time to be specified in the order shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.
(4) An order made under subsection (1) shall not affect or prevent a prosecution of, or civil proceedings against, any such officer or member.
History for Provision '19 Penalty for misuse of money or property of registered society'.
20 August 2004
Act 15 of 2004