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REGISTRATION OF ASSOCIATIONS

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REGISTRATION OF ASSOCIATIONS

    REGISTRATION OF ASSOCIATIONS

    RL 4/465 24 April 1982

    ARRANGEMENT OF SECTIONS

    PART I PRELIMINARY PART V ADMINISTRATIVE PROVISIONS 1Short title 19 Application of funds 2Interpretation 20 Records and accounts 3Application of Act 21 Audit

    PART II REGISTRATION OF 22 Annual general meeting ASSOCIATIONS 23 Annual return

    4Register of associations

    5Registration of associations 24 Register of members and records 6Application for registration 25 Officers

    7Grounds for refusal to regis ter 26 Security

    8Certificate of registration 27 Establishment of branches 9Status and acts of associations 28 General meetings of large associations 10Consequences of refusal to register 29 General meetings of delegates PART III RULES OF ASSOCIATIONS 30 Special resolution

    PART VI - MISCELLANEOUS 11Rules of association

    12Minors 31 Powers of Registrar

     13 Amendment of rules 32 Inquiry into affairs and conduct of association

14Rules to be binding 33 Appeals

    PART IV CANCELLATION, 34 Registrar's certificate to be evidence AMALGAMATION AND WINDING UP OF 35 - ASSOCIATIONS

     36 Exemptions 15 Cancellation of registration

    16Voluntary winding up 37 Offences and penalties 17Amalgamation 38 Regulations

     18 Effect of winding up SCHEDULE

     _______________

     PART I PRELIMINARY

    1.Short title

This Act may be cited as the Registration of Associations Act.

2.Interpretation

In this Act -

    "accounting date", in relation to a registered association, means the closing date of ist accounting period;

    "accounting period", in relation to a registered association, means the period specified in its rules in respect of which a statement of receipts and payments is to be prepared under section 20(2);

"association" -

    (a) means an organisation made up of not less than 7 persons having a formal structure with

    a common purpose, other than that of pecuniary gain to its members; but

    (b) does not include a political party;

    "auditor" means a person appointed as such by an annual general meeting of a registered association;

    "committee" means the body of persons which is entrusted with the management of a registered association;

"foreign association" means an association formes outside Mauritius;

"large association" means a registered association -

    (a) the membership of which exceeds such number; or

    (b) the value of the assets of which, or the annual revenue of which in 2 consecutive years,

    exceeds such amount,

as may be prescribed;

    "member" means a member of an association and, in the case of a foreign association, a member who is a resident of Mauritius;

"Minister" means the Minister to whom responsibility for the subject of associations is assigned;

    "mutual aid society" means an association of which one of the main objects is to provide benefits on the death of a member, his spouse or any of his relatives;

    "office", in relation to an association, means the principal place of business of the association;

"officer"-

    (a) means a person who forms part of a committee or is an auditor or secretary of an

    association;

    (b) does not include a member of the staff of an association who performs the duties of a

    secretary;

"register" means the register to be kept under section 4;

"Registrar" means the Registrar of Associations;

     "registered" means registered under this Act;

    "revenue" means the gross receipts of a registered association from any source;

"secretary" -

    (a) means the secretary of an association; and

    (b) includes -

    (i) any other person performing the duties of secretary; and

    (ii) in the case of a foreign association, the person who represents the association in

    Mauritius;

    "special resolution" means a resolution passed by a registered association in accordance with

    section 30;

     "village" has the same meaning as in the Local Government Act;

     "youth club" means an association -

     (a) the members of which are -

    (i) over the age of 14; and

    (ii) under the age of 30; and

     (b) the aims and objects of which are to provide facilities for the spiritual, mental or physical

    training of its members.

     [Amended 27/86]

3 Application of Act

     (1) Nothing in this Act shall affect any other enactment which relates to -

     (a) companies;

     (b) civil or commercial partnerships (including 'sociétés');

     (c) co-operative societies; or

     (d) trade unions.

     (2) This Act shall not apply to -

    (a) a youth club;

    (b) an association incorporated under any other enactment; and

    (c) a co-operative society.

    PART II - REGISTRATION OF ASSOCIATIONS

4 Register of associations

     (1) The Registrar shall keep a register in which shall be entered the particulars of every registered association.

     (2) An interested person may, on written application to the Registrar, inspect the register on payment of the prescribed fee.

5 Registration of associations

     (1) Subject to section 17(2), every association other than a foreign association shall -

    (a) give notice of its formation to the Registrar within 14 days; and

    (b) apply to the Registrar for registration within 3 months,

of its formation.

    (2) Every foreign association shall apply to the Registrar for registration before engaging in

     any activity in Mauritius.

    (3) Every notice or application under subsection (1) or (2) shall be signed by the secretary.

6 Application for registration

     (1) Subject to subsection (2), every application under section 5 shall be accompanied by -

    (a) 2 copies of the rules of the association;

    (b) a list of the members, showing their names, occupations and addresses;

    (c) a list of the officers, showing their titles, names and addresses;

    (d) a certified copy of the minutes of proceedings of the meeting at which the rules

    were approved and the officers were appointed;

    (e) a notice of the address of the office of the association; and

    (f) the prescribed fee.

    (2) An application for registration under section 5(2) shall also specify -

    (a) the names and addresses of the person authorised to represent the foreign

    association in Mauritius;

    (b) the office of the association in Mauritius; and

    (c) the nature of the activity in which the foreign association intends to engage in

    Mauritius.

     (3) The Registrar may, by written notice, require the secretary to provide any further information he may reasonably require for the purpose of considering the application.

     (4) Where the Registrar is of opinion that the association does not comply with this Act or, as the case may be, with the Sports Act, he shall give written notice to the secretary of the failure to comply and afford the association a reasonable time in which to comply with this Act or, as the case may be, with the Sports Act.

     [Amended 29/99]

7 Grounds for refusal to register

     (1) An association shall not be registered where it does not comply with this Act or where -

    (a) any of its objects is unlawful;

    (b) it is engaged, or is about to engage, in activities likely to cause a serious threat

    to public safety or public order;

    (c) its rules are not clear or are ambiguous;

    (d) its name -

    (i) is the same as that of a registered association or so resembles that of a

    registered association that the public may be deceived or misled; or

    (ii) is, in the Registrar's opinion, objectionable or otherwise unsuitable; or

    (e) in the case of a foreign association, its registration would not be in the interest of

    Mauritius.

     (2) Where the Registrar refuses to register an association, he shall by written notice inform the secretary of the refusal and of the reason for the refusal.

     (3) Any person aggrieved by the refusal of the Registrar to register an association may, not later than 21 days after the date of a notice under subsection (2), appeal to a Judge in Chambers against the decision of the Registrar and on any such appeal, the Judge may make such order as he thinks fit.

    [Amended 29/92]

8 Certificate of registration

     (1) Where the Registrar is satisfied that an association should be registered, he shall register the association and its rules, and issue to the association a certificate of registration.

     (2) Any interested person may, on written application to the Registrar and on payment of the prescribed fee, obtain a copy of the certificate of registration of an association, or a copy or extract of the annual return of an association under section 23 and of any other document relating to the registration of an association, certified by the Registrar.

9 Status and acts of associations

     (1) A registered association shall be a body corporate with perpetual succession and a common seal bearing its name and shall have all the rights and powers of a natural person.

     (2) Notwithstanding any other enactment, but subject to subsection (3), an officer may, when acting in accordance with the rules of the association, bind the association in the same manner as if his appointment were made by authentic deed.

     (3) No property worth more than 3,000 rupees and belonging to a registered association shall be disposed of, pledged, mortgaged or charged unless the transaction has been approved by special resolution.

     (4) A registered association may sue and be sued under its corporate name and service of any notice or process by or on the secretary shall be deemed to be service on behalf of or on the association.

     (5) Subject to section 15(3), any communication or notice addressed to a registered association shall be deemed to have been duly sent if forwarded to the office of the association or, in the case of a foreign association, to its principal place of business in Mauritius.

     (6) The secretary shall give written notice to the Registrar of any change in the address of the office of the association or, in the case of a foreign association of its principal place of business in Mauritius, within 14 days of the change.

    [R 1/83]

10 Consequences of refusal to register

     (1) Where the Registrar has refused to register an association, the association shall be dissolved -

    (a) where no appeal has been lodged under section 7(3), not later than one month

    after the date of a notice under section 7(2);

    (b) where an appeal has been lodged under section 7(3) and the appeal has been

    dismissed, not later than one month after the date of the dismissal of the appeal.

     (2) Where an association which is required to be dissolved is not dissolved within the time specified in subsection (1), the association shall commit an offence and the association shall be wound up by the Registrar in accordance with section 18.

    PART III - RULES OF ASSOCIATIONS

11 Rules of association

     (1) The rules of every registered association shall make provision for the matters specified in the Schedule.

     (2) Every member shall, on his admission and on request made to the secretary, be entitled to receive, on payment of any fee fixed by the association which shall not exceed 5 rupees, a copy of the rules of the registered association.

12 Minors

     (1) Subject to subsection (2), a minor may, with the written consent of his responsible party, be admitted as a member of a registered association.

     (2) No minor shall be appointed to the committee, or as an officer of a registered association.

     [Amended 15/98]

13 Amendment of rules

     (1) Subject to subsections (2) and (3), a registered association may by special resolution amend its rules.

     (2) An amendment of the rules of an association shall not have effect until it is registered.

     (3) An application for the registration of an amendment of the rules of a registered association shall be signed by the secretary and shall be accompanied by -

    (a) 2 copies of the proposed amendment of the rules;

    (b) a certified copy of the minutes of proceedings of the general meeting at which

    the special resolution to amend the rules was approved; and

    (c) a declaration signed by him that section 30 has been complied with.

14 Rules to be binding

     (1) Subject to subsection (2), the rules of a registered association shall bind the association and every member and any other person claiming through a member to the same extent as if the member or other person had subscribed his name thereto.

     (2) No person shall be liable for any debt of a registered association contracted after he has ceased to be a member.

    PART IV CANCELLATION, AMALGAMATION AND WINDING UP OF ASSOCIATIONS

15 Cancellation of registration

     (1) Subject to section 17(3) and to this section, the Registrar may cancel the registration of

a registered association on the ground that -

    (a) the registration of the association was obtained by fraud or misrepresentation;

    (b) the association has engaged, or is about to engage, in activities likely to cause a

    serious threat to public safety or public order;

    (c) the association has contravened its rules or this Act, and has persisted in its

    default after the Registrar has given it written notice specifying the default and

    fixing a time which shall not be less than twenty-one days for remedying the

    default, and that time has expired;

    (d) the association has in any way misapplied its funds; or

    (e) the association has ceased to function.

     (2) Where the Registrar is satisfied that the registration of an association should be cancelled, he shall, with the approval of the Minister, give notice to the secretary of his intention to cancel the registration of the association and of the ground of his decision.

     (3) A notice under subsection (2) shall be given -

    (a) by registered post; or

    (b) where the secretary of the association cannot be found or is not known, by

    publication in the Gazette and in 2 daily newspapers.

     (4) An association may, not later than twenty-one days after the date of a notice under subsection (2), appeal to a Judge in Chambers against the decision of the Registrar in accordance with section 33 and, on any such appeal, the Judge may make such order as he thinks fit.

     (5) The registration of an association shall be cancelled and the association shall be wound up by the Registrar in accordance with section 18 -

    (a) where no appeal has been lodged under subsection (4), not later than twenty-

    one days after the date of a notice under subsection (2);

    (b) where an appeal has been lodged under subsection (4) and the appeal has

    been dismissed, not later than one month after the date of the dismissal of the

    appeal.

     (6) The association may, before the expiry of the time specified in subsection (5) by special resolution designate to the Registrar a registered association to which any remaining property of the association shall be transferred.

    [Amended 29/92]

16 Voluntary winding up

     (1) Subject to subsections (2) and (3), a registered association may, by special resolution, decide that it shall be wound up and that any remaining property, shall be transferred to a registered association designated in the resolution.

     (2) Where an association has resolved that it should be wound up, the secretary shall, within 14 days after the resolution has been approved, give written notice of the resolution to the

Registrar and lodge with him -

    (a) a certified copy of the minutes of proceedings of the general meeting at which

    the special resolution to wind up the association has been approved;

    (b) a detailed statement of the assets and liabilities of the association; and

    (c) a declaration signed by him that section 30 has been complied with.

     (3) On receipt of a notice under subsection (2) and on being satisfied that the resolution to wind up the association has been approved in accordance with section 30, the Registrar shall publish a notice of the winding up in the Gazette and the association shall be wound up in accordance with section 18.

17 Amalgamation

     (1) Subject to subsections (2) and (4), 2 or more registered associations may amalgamate to form one association if a special resolution to the effect is approved by every registered association concerned.

     (2) Where 2 or more registered associations have resolved to amalgamate, the secretaries of the registered associations concerned shall, within one month after the last registered association concerned to approve a special resolution has done so, jointly -

    (a) give written notice of the amalgamation to the Registrar; and

    (b) apply, under section 5, for the registration of the association formed by the

     amalgamation.

     (3) Where the Registrar registers an association formed by the amalgamation of 2 or more registered associations he shall cancel the registration of these registered associations.

     (4) The amalgamation shall take effect from the date of the registration of the new association under subsection (3).

18 Effect of winding up

     (1) Where a registered association is wound up under section 10, 15 or 16, all the property of that association shall vest in the Registrar who shall -

    (a) use the property towards meeting, as far as possible, all the debts and liabilities

    of the association and the costs of the winding up; and

    (b) transfer any remaining property to a registered association designated by the

    association under subsection (2) or (3).

     (2) Every association shall, on its formation, designate a registered association to which, in the event of the association being wound up, its remaining property under subsection (1)(b) shall be transferred.

     (3) A designation under subsection (2) may be varied -

    (a) by a resolution of the annual general meeting of the association; or

    (b) by a special resolution under section 15(6) or 16 (1).

     (4) Where-

    (a) a registered association has not designated an association under subsection (2)

    or (3) to which any property is to be transferred under subsection (1)(b);

    or

    (b) the association designated under subsection (2) or (3) refuses to accept any

    property to be transferred under subsection (1 )(b);

the property shall vest in the State.

     (5) Any transfer of property under subsection (1) shall be exempt from the payment of any duty, fee or charge which would otherwise be payable to the Government.

     (6) Any person who acts or purports to act as an officer of an association which has been wound up, or who fails to deliver to the Registrar any property of an association which is required to be wound up, shall commit an offence.

    [Amended 48/91 ]

    PART V - ADMINISTRATIVE PROVISIONS

19 Application of funds

     (1) Subject to this Part, no registered association shall apply its funds except for -

    (a) the furtherance of its objects; and

    (b) the payment of-

    (i) reasonable emoluments to its employees;

    (ii) reasonable allowances or expenses to its officers; and

    (iii) reasonable expenses for its administration, including the auditing of its

    accounts.

     (2) The committee of a registered association shall not incur any expenditure -

    (a) during the period between the accounting date and the next annual general

    meeting, in excess of one sixth of the expenditure in the preceding accounting

    period;

    (b) at any other time -

    (i)in excess of 1,000 rupees under any one item;

    (ii)in excess of 4,000 rupees in any year,

    unless the expenditure has been previously approved by a general meeting.

     (3) Except with the approval of the Minister, no mutual aid society shall, in any accounting period, incur expenditure -

    (a) under subsection (1 )(b)(i) and (ii), in excess of 12 per cent; or

    (b) under subsection (1 )(b)(i), (ii) and (iii), in excess of 15 per cent,

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