The Co-Operative Societies Act 1993

Original Language Title: Co-Operative Societies Act 1993

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WM laws of MALAYSIA Act REPRINTING 502 co-operative Societies Act 1993 Contains all amendments to 1 June 2006 PUBLISHED by the COMMISSIONER of law revision, UNDER the AUTHORITY of law REVISION ACT 1968 in COLLABORATION with PERCETAKAN NASIONAL MALAYSIA BHD 2006 laws of Malaysia ACT 5022 co-operative Societies Act 1993 date of Assent.................. 22 January 1993 the date of publication in the Gazette............ February 4, 1993 REPRINT BEFORE Reprinting The first ... ... more 2006 Cooperative 3 laws of MALAYSIA Act 502 co-operative Societies Act 1993 ARRANGEMENT of SECTIONS part I preliminary section 1. Short title and commencement 2. Interpretation 3. The Registrar General and the Registrar PART II REGISTRATION 4. A cooperative can be registered 5. Conditions for registration 6. Application for registration of 7. Registration 8. Special provisions for certain cooperative 9. The co-operative society shall be a body corporate 10. Certificate of registration PART III OBLIGATIONS and PRIVILEGES COOPERATIVE REGISTERED 11. The cooperative registered address 12. Registered name should be displayed 13. Documents open for public inspection 14. Documents shall be lodged to the Chief Registrar of the 15. Express personnel laws of Malaysia ACT 5024 16. Evidence of entries in books of co-operative society 17. The by-laws shall bind the members of 18. Amendment of by-laws of the cooperative registered 18A. The powers of the Registrar General ordered a general meeting called for the amendment of by-law 19. The formation of subsidiary 20. Disposal proceeds to or through cooperative registered 21. Creation of charge for the benefit of cooperative registered 22. Lien and set-off in respect of the share or interest of members 23. Shares, fees or interest shall not be liable to detention or sale of 24. The power to manage the property and interests of members who died 25. Deposit by or on behalf of the minor PART IV RIGHTS and LIABILITIES 26 MEMBERS. Eligibility to become a member of 27. Disqualified to become members of 28. Members may not use rights until payment is made 29. Restrictions on membership in cooperatives 30. Votes of members 31. Representation through proxy 32. A minor member of the contracts with cooperatives 33. Restrictions on shareholding 34. Restrictions on the transfer or charge fees or interest share or 35. The liability of the former members and the estate of cooperative debts part V ORGANIZATIONAL and MANAGEMENT COOPERATIVES REGISTERED 36. General meetings 37. General meeting of representatives of 38. The first general meeting of the Cooperative Section 5 39. Annual general meeting of 40. Special General meeting of the 41. Notice of the meeting to the Chief Registrar 42. A registered cooperative officer 43. Qualifications for elected a member of the Board or the Audit Committee Internal 44. Duties and powers of the Board of 45. Liability the Board of 46. Remuneration to the Board and the Internal Audit Committee 47. Suspension of a registered cooperative officer 48. As a result of conviction of 49. The powers and functions of the Audit Committee the internal PART VI PROPERTY and MONEY the COOPERATIVE REGISTERED 50. Wang registered cooperative 51. Lending by the cooperatives registered 52. Restrictions on lending 53. Restrictions on other transactions which are not members of 54. Investment money is 55. Capital gains 56. Net profit of 57. Distribution of net income audited ACCOUNTS and AUDIT DIVISION VII 58. 59. account maintenance Financial statements and reports of the Board of 60. Audit of 61. Approval for the co-operative auditors registered 62. The circumstances that make a person disqualified for approval or to act as an auditor of a registered cooperative 63. The duty of Auditors Section laws of Malaysia ACT 5026 PART VIII inspections, investigations, DISSOLUTION and DISPUTES Section 64. The Registrar General's power to examine the books, etc., cooperatives registered 65. The authority to seize and hold books and documents 66. Investigation of 67. The Chief Registrar may notify a registered cooperative inspection or investigation decision 68. Checks on the application of the creditor's 69. The power of the Chief Registrar following the investigation of 70. Officers fired upon an order of the Registrar General cannot be re-appointed 71. Dissolution of 71A. Dissolution in certain specified circumstances 71B. Provision for personnel who do not agree 71C. Transfer of assets registered cooperatives to 72. Cancellation of registration a co-operative because less manning 73. As a result of the cancellation of the registration of 74. Pelikuidasian after the revocation of the registration of cooperative 75. Powers of liquidator 76. The Registrar General's power to control the pelikuidasian 77. Enforcement order of the 78. Limits for the jurisdiction of the civil courts 79. Priority of payments by a liquidator is 80. The powers of the Registrar General to surcharges officer, etc. co-operatives registered 81. Appeal against the order of the Chief Registrar 82. Dispute resolution 83. Tribunal 84. Submission of the case on the question of law PART IX MISCELLANEOUS 85. Mergers, transfers and voluntary Division 86. The power to make regulations Cooperative 7 87. Exception 88. Get the amount of money payable to the Government of 89. Prohibition of use of the word "cooperative" 90. Disapplication of certain law 91. General offences 92. How and when the proceedings taken 93. The Registrar General's power to compound offences part X revocation, SAVINGS and TRANSITIONAL 94. Definition of 95. Repeal and saving 96. The position of registration and by-laws of the co-operative society registered under the law repealed laws Section laws of Malaysia ACT 5028 9 Cooperative laws of MALAYSIA Act 502 co-operative Societies Act 1993 an act to make provision for the establishment, registration, control and surveillance of the cooperative; to encourage the development of cooperatives and for matters connected therewith.
[January 22, 1994, P.U. (B) 37/1994]
BE IT enacted by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: part I preliminary short title and commencement 1. (1) this Act may be cited as the co-operative Societies Act 1993.
(2) this Act shall come into force on such date as the Minister may, by notification published in the Gazette, and the Minister may prescribe different dates for start the currency of this Act in different parts in Malaysia or to start the currency of different provisions in this Act.
Interpretation 2. In this Act, unless the context otherwise requires — "Member" includes a person or a registered co-operative society, which was also the same in the application for registration of a cooperative, and a person or a registered cooperative received a Member State in accordance with the regulations and by-laws after registration;
Laws of Malaysia ACT 50210 "deposit" means money deposited by any person with a registered cooperative in a fixed account or savings account or other deposit account but does not include shares or fees or special savings;
"dividend" means a registered cooperative share of profit distributed among its members at rates of share capital or capital fee held by them;
"errors can express" means offence can be registered under the registration of Criminals and Unwanted People 1969 [Act 7] as stated in the first and second schedules to the Act;
"Registrar General" means the Chief Registrar of co-operative societies appointed under section 3;
"basic cooperative" means a cooperative registered under subsection 4 (1);
"top cooperative" means a cooperative registered under subsection 4(3);
"registered co-operative" means a co-operative society registered under this Act;
"secondary cooperative" means a cooperative registered under subsection 4 (2);
"Board" means the organizing of a registered cooperative body to which the cooperative Affairs entrusted;
"the initial general meeting" means a general meeting at which the person wishes to be establish a cooperative made stipulations to establish cooperatives that, to adopt by-laws proposed for the cooperative and to apply so that the cooperative is registered;
"officer" means the Chairman, Secretary, Treasurer or any other Member of a Board, and includes any other person authorized by the regulations or by-laws to give instructions in respect of the registered cooperative arrangements;
"regulations" means regulations made under this Act;
Co-operatives 11 "appointment" includes any appointment or reappointment through selection;
"financing" means the business of receiving deposits and — (a) the granting of a loan or grant of any other credit facilities; or (b) the grant of loans and the granting of any other credit facilities;
"representative" means — (a) an individual Member representatives, elected at the regional level meeting members of a co-operative Foundation general meeting of its members to be replaced by a general meeting of representatives; or (b) a representative of a registered cooperative is also a member of a registered co-operative society to another, that the representatives at the meeting were elected or appointed to attend;
"rebate subscription" means a registered cooperative share of profit distributed among its members at the rate the amount of business done by them with the cooperatives and the cooperative profits from whom acquired;
"cooperative principle" includes — (a) voluntary and open membership;
(b) democratic management;
(c) limited returns on the capital contributed by a Member;
(d) the appropriation of the profits fairly;
(e) the promotion of co-operative education; and

(f) active cooperation among cooperatives registered;
"conviction" includes a guilty finding and proving the offence;
Laws of Malaysia ACT 50212 "special savings" means money deposited by a member with a co-operative society registered with the intention to use the money deposited for a purpose specified under the regulations;
"subsidiary" of a registered cooperative means a company, as defined in the companies Act 1965 [Act 125], that the composition of its Board of directors or more than half of the power mengundinya is controlled by the registered cooperatives, or more than half of the share capital held by the cooperative he published the registered, and includes a subsidiary, as defined in the Act, for the company;
"share" means the share of the share capital of a registered cooperative which was contributed by a member in respect of his membership in the registered cooperatives;
"bye-laws" means registered by-laws made by a cooperative registered in exercise of any power conferred by this Act, and includes an amendment of registered the by-laws;
"excess money" means the money in excess of the amount required by a registered co-operative society for the number soon as working capital for its business, which can be deposited or invested outside the cooperative without affecting the operation of the business;
"Commission" means the amount of money spent on the lat time fixed by a member in respect of his membership in a co-operative society registered and which may be issued upon the conclusion of his membership.
The Registrar General and the Registrar 3. (1) the Yang di-Pertuan Agong may appoint any person to be the Chief Registrar of Cooperatives for Malaysia.
(2) the Registrar General may appoint such number of public officers as may be necessary to become a Registrar to assist it and the Registrar shall, subject to the control of the Chief Registrar, have all the powers and functions of the Registrar General with the exception of the powers and functions set out in section 65, 69, 71, 71A, 71B, 71C, 72, 92 and 93.
Co-operative society 13 (3) the functions of the Registrar General is — (a) register and cancel registration of cooperatives and ensures that the cooperative work under the provisions of this Act;
(b) advise the Minister on any matter relating to cooperatives;
(c) encourage and promote the establishment and development of cooperatives in all economic sectors and help improve cooperative efficiency.
(4) in addition to the powers, duties and functions assigned to the Chief Registrar by this Act and the regulations, the Registrar General shall have and may exercise all the powers, perform all the duties and perform all functions necessary for the purpose of giving effect to and implement the provisions of this Act.
(5) the person currently fulfilling the Chief Registrar and his successor in Office shall be a body corporate by the name "Chief Registrar of co-operative societies, Malaysia" (in this section referred to as the Corporation), who shall have perpetual succession and have a common seal and may — (a) enter into contracts and sue and be sued with utter his name;
(b) acquire, purchase, take, hold and enjoy all types of movable and immovable; and (c) sell, assign, memindahhakkan, return and refund, charge, mortgage, pledge, assign the mendemis, transfer or otherwise dispose of any property, movable and immovable vested in the corporation upon such terms as the Corporation may think fit.
(6) the common seal of the Corporation may, from time to time, be broken, changed, altered and made new as the Corporation shall think fit, and until a seal is provided under this section a stamp bearing the writing "Chief Registrar of co-operative societies, Malaysia" may be used as a seal.
Laws of Malaysia ACT 50214 (7) all deeds, documents and other instruments requiring the seal of the Corporation shall be sealed with the common seal in the presence of the officer is currently fulfilling the Registrar General who shall sign every deed, document or instrument to which the seal was affixed, and such signature shall be sufficient evidence that the said seal was stamped accordingly and should have been and that the seal was the seal of the Corporation is valid.
(8) the Corporation shall maintain proper accounts and records in respect of transaksinya and that account shall be audited annually by the Auditor General.
PART II REGISTRATION registrable Cooperatives 4. (1) a body consisting of individuals only and that the goal is to enhance the economic interests of its members in accordance with the principles of cooperatives can be registered under this act as a cooperative basis.
(2) a body comprising basic cooperative and that the goal is to facilitate the exercise of such cooperatives be registered under this act as a secondary co-operative.
(3) a body comprising secondary cooperatives or cooperative secondary and basic and that the goal is to facilitate the exercise of such cooperatives be registered under this act as a cooperative of top.
Conditions for registration 5. (1) subject to section 8, there are cooperatives be registered as the cooperative basis unless — (a) it consists of at least one hundred persons; and cooperative 15 (b), every such individual person entitled under section 26 for a Member State and is not disqualified under section 27 to be members.
(2) No cooperative may be registered as the cooperative secondary unless it consists of at least two cooperative basis.
(3) No cooperative may be registered as top cooperatives unless it consists of at least two secondary co-operative.
Application for registration 6. (1) every application for registration shall be submitted to the Chief Registrar in the form specified in the regulations and shall be signed — (a) in the case of cooperative basis, by at least ten people who are all eligible to become members;
(b) in the case of secondary cooperatives or cooperative of top, by a duly authorised on behalf of each basic cooperative or cooperative secondary as the case may be.
(2) the application for registration shall be accompanied by — (a) a copy of the by-laws proposed, signed by the applicant; and (b) subject to subsection 8 (2), the initial general meeting minutes, signed by at least fifty people who were present.
Registration 7. (1) the Registrar may, subject to the regulations and upon the receipt of the fee fixed by the regulations, register a co-operative and by-laws.
(2) every registered cooperative under subsection (1) shall be limited liability.
Laws of Malaysia ACT 50216 (3) if the Registrar General refused to register a co-operative, appeal can be made to the Minister against the refusal within two months from the date of such refusal.
(4) the word "Cooperatives" shall form part of the name of every cooperative registered under this Act.
(5) the words "Berhad" shall be the word on in the name of every cooperative registered under this Act.
Special provisions for certain cooperative 8. (1) Notwithstanding subsection 5 (1), if a cooperative is unable to meet the conditions specified in paragraph 5 (1) (a) but otherwise shall be entitled to be registered under section 7, the Registrar General may, after taking into account the number of people in the operating area for the cooperatives are eligible to become members and type of activity proposed for the cooperative, and if the cooperative is composed of at least twenty people the cooperative, register as a cooperative basis under this Act.
(2) Notwithstanding paragraph 6 (2) (b), the application for registration of a cooperative referred to in subsection (1) shall be accompanied by the minutes of the initial general meeting signed by everyone who attended.
The co-operative society shall be a body corporate 9. Registration of a cooperative shall make it a body corporate by the name under which it is registered, which is perpetual and have the seal of the Corporation, and with the power to hold all types of movable and immovable property, enter into contracts, start and defend legal and legal proceedings and make everything that is necessary for the purposes for which it was established.
Certificate of registration 10. Certificate of registration signed by the Registrar General shall be conclusive evidence that the co-operative was registered in it accordingly, unless it is proved that the cooperative registration has been cancelled.
The cooperative 17 PART III DUTIES and PRIVILEGES of the REGISTERED address of the COOPERATIVE the cooperative registered 11. Every registered cooperative shall have the address, registered by this Act, that the all notices and communications shall be submitted, and shall inform the Chief Registrar about every change of address that.
Registered name should be displayed 12. Every registered cooperative shall display the name of a registered cooperative is significantly in the registered address and in all parts of its business.
Documents open for public inspection

13. Every cooperative must provide — (a) a copy of this Act and the regulations;
(b) a copy of the by-laws and the terauditnya account on; and (c) a list of its members, which is open for public inspection, without any payment, at all reasonable time at the registered office of the co-operative society by its members only.
Documents shall be lodged to the Chief Registrar of the 14. Every registered cooperative shall lodge to the Chief Registrar — (a) a list of members of the Board not later than fifteen days after its annual general meeting;
(b) minutes of all general meetings and Board meetings not later than thirty days after the date of the meeting;
Laws of Malaysia ACT 50218 (c) any other information required by the Registrar General with respect to the establishment, composition, operation and financial situation of the cooperative.
Express members 15. Any register or list of members kept by any registered co-operative society shall be prima facie evidence of your name, address, identity card number, number, membership and employment of a member and the date he or she became a member and cease to be a member.
Evidence of entries in books of cooperatives 16. (1) a copy of any entry in a book of a registered cooperative frequently kept in the course to its affairs shall, if certified in such manner as may be prescribed by regulations, accepted in any legal proceedings, whether civil or criminal, and should be accepted as evidence of the matters, transactions and accounts recorded in it in every case if, and to the extent the same as, the original entry itself can be accepted.
(2) No officer any co-operative society registered may, in any legal proceedings that the registered cooperatives do not become a party to it, forced to produce any books registered cooperatives, which its content can be proved under subsection (1), or that is present as a witness to prove any item, transaction or account which is recorded in it, unless directed by the Court for special reason.
The by-laws shall bind the members of 17. By-laws of a cooperative registered shall, when registered, bind the registered cooperative and its members to the same extent as if the by-law was signed by each Member and contain Covenants on the part of every Member for himself and for his successor to comply with all the provisions of the by-laws.
The cooperative 19 amendment of by-laws of the cooperative registered 18. (1) any registered co-operative society may, subject to this Act and the regulations, amend the by-laws, including by-laws that declare the cooperative name.
(2) no amendment of the by-laws of a cooperative may be registered until the amendment is registered under this Act, and for that purpose a copy of the amendments shall be submitted to the Registrar General.
(3) if the Registrar General is satisfied that any amendment of the by-laws are not contrary to this Act or the regulations, he may register the amendments.
(4) an appeal against the refusal of the Registrar General to register any amendment of any by-laws can be made to the Minister within three months from the date of such refusal.
(5) an amendment that changes the name of a registered cooperative shall not prejudice any rights or obligations of the cooperative or any of its members or former members, and any legal proceedings pending may be continued by or against the cooperative under its new name.
(6) where the Registrar General to register the amendments to the by-laws of a cooperative registered, he shall issue to the cooperative, a copy of the certified by him, which shall be conclusive evidence of the fact that the amendments were registered accordingly.
(7) in this section, "amendment" includes the making of a new by-laws and the alteration or cancellation of a by-law.
The powers of the Registrar General ordered a general meeting called for by-laws amendment 18A. (1) the Registrar General may direct any co-operative society registered call a general meeting within a period to be specified by him which is not less than three months from the date of notification given by him, for the purpose of laws of Malaysia ACT 50220 amend by-laws if the Registrar General is satisfied that — (a) any by-laws of a cooperative registered has the ambiguous notions or dubious and likely to be misleading or contrary or inconsistent with this Act or any regulations made thereunder; or (b) an amendment is necessary or required in the interest of the registered cooperatives.
(2) if there are no general meeting called within the time specified in subsection (1), the Registrar General may amend the by-laws of the registered cooperatives on usulnya own and any amendment made shall be deemed to be registered amendments under section 18.
Formation of subsidiaries 19. There are no registered cooperatives can form, have, acquire or hold subsidiary without the prior approval of the Registrar General.
Disposal proceeds to or through cooperative registered 20. (1) a registered co-operative society which is one of the objective is the disposal of any article produced or obtained through work or effort of its members, whether as a result of agriculture, livestock, forestry, fisheries, handicrafts or otherwise, shall make provisions in the by-laws or may otherwise enter into contracts with its members — (a) that every Member so that produces any such article shall dispose of all or any amounts , the specified rate or perihalannya to or through the cooperative; and (b) that any Member who is proved or adjudged, in such manner as may be prescribed by regulations, guilty for violation of by-laws or the contract shall pay to the cooperative as liquidated damages a sum of money determined or assessed in such manner as may be prescribed by regulations.
Co-operative society 21 (2) no contract made under this section may be questioned in any court solely on the ground that it is a contract which restricting business.
Creation of charge for the benefit of cooperative registered 21. (1) subject to any prior claims of the Federal Government or any State Government on the assets of the debtor and to the lien or claim someone landlord in respect of rentals or any money that can be obtained as a rental and, in the case of immovable property, to any prior registered charge thereon — (a) any debt or any claims outstanding payable to a registered co-operative society by any member or former member shall be the first charge on all crops or agricultural products that others, fish (freshwater and saltwater), harvested timber or other forest produce, sea food, poultry, livestock, agricultural tools, industrial and fisheries, plant, machinery, boats, takar and nets, raw materials, stocks of goods and in general all the result of labour and things used in connection with the production of the diperdapatkan, who are all or partly purchased or generated from any loan, either in the form of money or goods , conferred upon him by the cooperative;
(b) any unpaid claims or bareh terjelas due to a housing cooperative registered by any member or former member with respect to the rent, share, loan or purchase money or any right or other amount due to the co-operative society shall be a first charge on its importance on the immovable property of the cooperative.
(2) there is nothing in paragraph (1) (a) shall affect any claim bona fide buyer or transferee bona fide without notice.
Lien and set-off in respect of the share or interest of members 22. A registered cooperative shall have the lien on shares or fees or interest in capital and deposits of a member or former member or employee who died and for any laws of Malaysia ACT 50222 what dividends, subscription deduction, or profits payable to a member or former member or to the estate of a member who died in respect of any debt due to the cooperative by the Member or former member or from the estate , and may refuse any sum credited or payable to a member or former member or the estate of a member who died as payment or as part of the payment of any such debt.
Shares, fees or interest shall not be liable to detention or sale of 23. Subject to section 22, share or fees or interests of a member in the capital of a registered cooperative is not liable to detention or sale under any decree or order of a court in respect of any debt or liability incurred by such member, and good property holders in the insolvency nor the recipients duly appointed shall not have the right of, or have any claim over, shares or fees or the interest.
The power to manage the property and interests of members of the 24 dead. (1) when one of its members dead, a co-operative society registered may transfer shares or interests of a member of the dead —

(a) in the case of members who die a Muslim, to the law of the dead or to a person who is found by the Board was entitled to a share or interest it according to any distribution made under any law relating to the estate; or (b) in the case of members who die non-Muslim, to the person named in accordance with the regulations in that behalf or, if no person named in such a way, to the person who is found by the Board was the beneficiary or representative in law for members of the Cooperative who died, 23 and may pay to lender law, nominee, heir or person, as the case may be , a sum of money which is the value of the shares or interests of a member who died that, as determined in accordance with the regulations or the by-laws.
(2) If a member of the dead is not a Muslim, and the nominee, heir or representative in the presence of the law was not eligible to become members in accordance with this Act, the regulations or the by-laws, then the registered cooperatives may, on the application of the nominee, heir or representative on the side of the law, as the case may be, within six months of the death of the Member, transfer of shares or interest to the Member to any of the persons specified in the application are eligible to become members.
(3) Notwithstanding subsection (1), if six months have already passed since the death of Muslim members and cooperative registered may be unable to determine who is a representative of the law for the Member or no representatives legally appointed or to the Member estate has not been divided or the Member estate has been divided but the registered cooperatives cannot determine who is the person who is entitled to a share or interest that according to the distribution , then the registered cooperatives can pay to the * administrative officer Estate a sum of money which is the value of the shares or interest to the Member as determined in accordance with the regulations or the by-laws.
(4) a registered cooperative may pay all other money payable to a member who died by the registered cooperatives to representatives in law, * administrative officer Estate, nominee, heir or other person, as the case may be, referred to in subsection (1) and (3).
Deposit by or on behalf of the minor 25. (1) a registered co-operative society may receive deposits from or for the benefit of minor and cooperative therefore can pay bonuses from its net profit on such deposit.
* NOTE — All reference to "the estate Administrator Officer" shall be construed as "the Corporation" – see section 2 and subsection 43 (3) public trust Corporation Act 1995 [Act 532].
Laws of Malaysia ACT 50224 (2) any deposit made by or for the benefit of the minor may, along with bonuses, paid to the minor or to the guardian of the minor for the minor uses.
(3) the acceptance of any minor or guardian are moneys paid to him by a co-operative society registered under this section shall be sufficient to discharge the liability of the registered cooperatives in respect of that money.
PART IV the RIGHTS and LIABILITIES of the MEMBERS of the credentials for a member of 26. To be eligible to be members of a cooperative basis, a person must — (a) a citizen of Malaysia;
(b) has attained the age of eighteen years or, in the case of a cooperative school, have reached the age of twelve years; and (c) may reside or work or have land within the basic cooperative operations, or, in the case of cooperative schools, being registered students of the school.
Missing credentials for a member of 27. No person is eligible to be admitted as a registered cooperative if — (a) he is not mentally disabled;
(b) he is a bankrupt yet dilepas;
(c) he is a person who is against him is still in effect a conviction for the offence can express;
(d) he was removed from a Member State under this Act and a period of one year has not passed from the date of the removal.
25 Member cooperatives may not use rights until payment is made 28. There are members of a co-operative society registered can use rights as a member unless and until he has made any payments to the registered cooperatives in respect of his membership or has acquired any interest in a co-operative registered as may be prescribed by regulations or by-laws of the cooperative.
Restrictions on membership in co-operatives 29. No person shall be a member of more than one registered co-operative society which goal is to provide loans to its members.
Votes of members 30. (1) no member of or delegate to any co-operative society registered can have more than one vote in the conduct of the Affairs of the cooperative, and in the case of equality of votes the Chairman cannot have a casting vote.
(2) Notwithstanding subsection (1), a member of a cooperative secondary or senior can have voting powers allocated by the by-laws of the cooperative secondary or superior.
(3) subject to section 31 and 36, no Member may vote by one other Member and no representation can vote through other representatives.
Representation through proxy 31. Members of a cooperative secondary or senior can appoint any of his attorney, who must be members of the Lembaganya, as a proxy for the purpose of voting in the conduct of the Affairs of the cooperative or the secondary top.
Laws of Malaysia ACT 50226 Contract members of a minor with cooperative 32. Ketidakdewasaan any person duly admitted as a member of any co-operative society registered does not prevent that person from executing any instrument or provide any explanations need to be executed or given under this Act or the regulations and is not a reason for menidaksahkan or avoiding any contract made by any such person with the co-operative; and any such contract made by any such person with the cooperative, whether as principal or guarantor, shall be enforceable at law or against such person even though he is a minor.
Restrictions on shareholding 33. No Member, other than a cooperative registered, can hold more than one-fifth share capital any co-operative society registered.
Restrictions on the transfer or charge fees or interest shares or 34. Transfer or pledging of shares or fee or interest of a member or former member or employee who died in the capital of a cooperative registered shall be subject to the terms of the maximum holding through or as may be prescribed under this Act.
The liability of the former estate employees and debts of 35 co-operative societies. (1) the liability of a person's former members of a co-operative society registered against the registered cooperatives debt as on the date he ceases as a non-ongoing for more than two years calculated from that date.
(2) the estate of a member of a registered cooperative shall not be liable for the debts of the dead cooperative registered, as that was the date he died, over the next two years calculated from the date he died.
27 part V cooperative ORGANIZATION and MANAGEMENT of the CO-OPERATIVE SOCIETY REGISTERED 36 general meeting. Subject to the provisions of this Act, the regulations and the by-laws, the highest authority for a registered co-operative society shall be vested in the general meeting of members, at which every member through yourself or representation, or, in the case of cooperatives or cooperative secondary top, through a proxy, has the right to attend and vote.
General meeting of representatives of 37. Every registered cooperative operating area covers one State, covering two States or more or cover the whole of Malaysia shall make by-laws that provide that representation at the meeting whose greatest shall be — (a) by representatives elected by individual members at regional general meeting or their area; or (b) by representatives of the cooperative members.
as the case may be.
The first general meeting of 38. (1) every registered cooperative shall, within three months after receiving the certificate of registration, to hold the first general meeting of members or of his attorney.
(2) in the course of the first general meeting shall include election of office bearers who shall serve until the first annual general meeting and shall be eligible for reappointment.
Laws of Malaysia ACT 50228 annual general meeting 39. Every registered cooperative shall hold an annual general meeting of members or of his attorney not later than six months after the end of each financial year.
Special General meeting of 40. (1) the Board of a cooperative registered may, and shall when there is a requisition signed by at least one-fifth or one hundred members or representatives of the cooperative, whichever is less, to call a special general meeting.

(2) the Registrar or any person authorized by the Registrar General may require, at any time, at a special general meeting of a cooperative registered in such manner and at such time and in a place that he directs, and can specify the matters to be discussed by the meeting; and the meeting shall have all the authority and subject to the same rules as a general meeting called in accordance with this Act or the by-laws of the registered cooperatives.
Notice of the meeting to the Registrar General 41. Every registered cooperative shall give to the Registrar General a reasonable written notice of all general meeting required held by the cooperative and shall give the Registrar General information relating to the date, time, place and agenda of the meeting; and the Registrar General or any person authorised by order of General or special in writing by the Chief Registrar shall have the right to attend any such meeting and to provide advice on any matter under discussion, but the Registrar General or authorized person is not entitled to vote at the meeting.
29 registered cooperative cooperative Officer 42. Every registered cooperative shall have — (a) a Board, which shall consist of not less than six and not more than fifteen members; and (b) an internal Audit Committee, which shall consist of not less than three and not more than six members, duly elected at the annual general meeting.
Qualifications for elected a member of the Board or the Audit Committee Internal 43. (1) No person is eligible to be appointed to be a member of the Board or Committee internal Audit a registered cooperative if — (a) he has been convicted of an offence under this Act; or (b) he has been fired as an employee of a registered cooperative.
(2) No person is eligible to be appointed as members of the Internal Audit Committee a registered cooperative if he was made a member of the Board of the registered cooperatives and none is eligible to be appointed to the Board of a cooperative registered if he or she has been appointed a member of the Internal Audit Committee the registered cooperatives.
(3) From the third year of the registration of a cooperative, no person shall be appointed a member of the registered cooperatives Board unless he has been a member of the registered cooperatives for a minimum period of two years.
(4) subsection (3) shall not apply for a registered cooperative members amounting to one hundred people or less than that and for co-operative school.
Laws of Malaysia ACT 50230 duties and powers of Board 44. The Board of a cooperative registered shall represent the cooperative before all competent public authorities and in all dealings and transactions with third persons, shall have power to initiate or defend suits brought in the name of the registered cooperatives and, in General, shall direct, manage and monitor business, money and property of the registered cooperatives, and shall exercise all the powers necessary to ensure administration and management and should be the cooperative Affairs , except the powers reserved to the general meeting of the members or delegates.
Liability the Board of 45. (1) in the course of the Affairs of a registered cooperative, Member of the Board of the registered cooperatives should be prudent and bertekun as a member of the business and shall be liable in association and separately for any loss suffered by reason of the failure of their prudent and bertekun or by virtue of any act contrary to the provisions of this Act, the regulations, the by-laws of the registered cooperative or meeting whose greatest command.
(2) Notwithstanding subsection (1), no action, suit, prosecution or other proceedings can be brought or instituted against any member of the Board or an officer of a registered cooperative in respect of any act done or statement made bona fide according to or while performing or with a view to implementing this Act, the regulations or the by-laws of the registered cooperatives.
(3) if the Board of a registered cooperative has appointed a person as Manager to administer and manage the Affairs of the registered cooperatives, the appointment is not exempt the Board from liability and responsibility for the direction and conduct of the supposed will of the registered cooperative Affairs.
Remuneration for members of the cooperative 31 Board and the Internal Audit Committee 46. (1) a member of the Board or the Audit Committee Internal a registered co-operative society may receive allowances from the registered cooperatives, but the amount of the allowance shall not exceed the amount of money fixed by the general meeting of the co-operative society registered before or at the time of the period of office begins.
(2) no member of the Board of a cooperative registered who are appointed to represent the registered cooperatives in the Board of Directors of any of its subsidiaries may receive or collect such remuneration from a subsidiary without the approval of the previous general meeting the registered cooperatives.
(3) in this section, "allowance" means the remuneration paid to a member of the Board of a registered cooperative or a member of the Internal Audit Committee, a cooperative registered in return because his services rendered to the cooperative on a regular basis.
Suspension of a registered cooperative officer 47. (1) where any proceedings are instituted against an officer of the cooperative registered in respect of an offence may be express or an offence under this Act, then — (a) the Board of the registered cooperatives shall suspend the officer from being officers of the registered cooperatives; and (b) if the officer is an officer of the Board of any other registered cooperatives, cooperative registered another shall suspend the officer from being a registered cooperative officials other that, from the time he first charged with in court to complete his missions with the proceedings against him, including any further proceedings in the form of an appeal, and he must therefore stop using any right or exercising any functions or duties in respect of the posts and he shall not receive any remuneration in respect of the posts over the period of the suspension.
Laws of Malaysia ACT 50232 (2) If an officer who has been suspended under subsection (1) discharged, after proceedings against him was decided with final, he shall be paid such remuneration that would have been payable to him during the period of the suspension if not for the provisions of subsection (1).
As a result of conviction of 48. If an officer of a registered cooperative convicted of an offence can register or of an offence under this Act and the conviction that does not set aside upon completion of all proceedings, including any appeal, the officer shall be deemed to have vacated his Office from the day he first charged with them and he should be blocked from standing for re-election as an officer of any co-operative society registered.
The powers and functions of the Internal Audit Committee 49. (1) the Internal Audit Committee, a cooperative registered should check all accounting and other related directly or indirectly with the registered cooperatives and subsidiaries or its subsidiaries, if any, for the purpose of determining whether the registered cooperative Affairs conducted in accordance with the objectives of the registered cooperative, the provisions of the by-laws and resolution made at the meeting his great work, and, in particular, shall — (a) to ensure that the power and validity of all expenses;
(b) checking account registered cooperatives, or appoint a competent person to inspect such accounts, at regular intervals, which may not, in any case, less than once in every three months; and (c) notify the Board of any inconsistency that occurs in the management of the registered cooperatives.
(2) Internal Audit Committee a registered co-operative society shall submit, in its annual general meeting, report on the management and Affairs of the registered cooperatives, including any breach of the by-laws of the cooperative.
(3) the Internal Audit Committee a registered cooperative shall, at all times, have access to all books, accounts and documents of the registered cooperatives, the cooperative and any of 33 people required by the Internal Audit Committee to produce any information or books, accounts and such documents shall comply with the requirements.
(4) all costs and expenses incurred by the Internal Audit Committee of a registered cooperative in carrying out its duties, functions and responsibilities shall be borne by the registered cooperatives.
PART VI PROPERTY and REGISTERED COOPERATIVE MONEY Money cooperative registered 50. Money a registered cooperative can be diperdapatkan via any or all of the following: (a) entry fee, which is non-refundable except in the case when an application for membership was rejected;
(b) the shares subscribed and paid by members, from whom a number of the minimum prescribed in the by-laws of the co-operative society registered shall not be issued except upon membership expiration, but subscribed shares exceeds this minimum contribution can be removed or moved or both, subject to the provisions of this Act and the regulations and to any limitations set out in the by-laws of the registered cooperatives;

(c) in the case of a registered cooperative goal is to promote thrift among its members and to establish a source of credit for its members, the fees;
(d) Special savings from members, which may be issued subject to the conditions set out in the by-laws;
(e) deposits or loans from members and non-members, subject to the restrictions set out in this Act and the regulations and the by-laws of the registered cooperatives;
Laws of Malaysia ACT 50234 (f) surplus brought Reserves;
(g) donations and grants given by the third person, except donations from foreign sources, whether offered directly or otherwise, cannot be accepted by a registered co-operative society without the approval of the Chief Registrar in advance.
Lending by the cooperatives registered 51. (1) no registered cooperatives can provide any loans or other credit facilities except to — (a) its members;
(b) its employees;
(c) a subsidiary or its subsidiaries; or (d) a registered co-operative society to another, and loans or other credit facilities shall be subject to — (aa) regulations and by-laws of the cooperative; and (bb) in the case of a subsidiary or its subsidiaries or other cooperative registered, the Registrar General's approval as well.
(2) subsection (1) shall not apply for a registered cooperative providing loans or allowed other credit facilities according to the provisions of any other written law governing its operations.
(3) the Minister may, by General or special order, prohibit or restrict mortgage-backed lending or mortgage immovable property by any registered co-operative society or class of registered cooperatives.
Restrictions on the borrowing of 52. (1) a registered co-operative society may, subject to the approval of the general meeting or general meeting specifically, borrow money from its members and from the non-members to be used for special purposes in its business.
35 cooperative (2) a registered cooperative shall, to ensure each year, at a general meeting, a maximum limit of indebtedness in respect of loans and deposits are existing and newly to be incurred in the coming year.
Restrictions on other transactions which are not members of 53. Subject to sections 51 and 52, a cooperative transactions registered with anyone other than its members shall be subject to the prohibitions and restrictions laid down through the by-laws.
Investment money is 54. (1) subject to the regulations and the by-laws, a cooperative registered can be invested or deposited money in excess thereof in — (a) any financial institutions licensed under the banking and financial institutions Act 1989 [Act 372];
(b) any financial institution established by the Federal Government;
(c) any co-operative society registered as approved by the Registrar General by notification in the Gazette;
(d) any bonds or securities issued in Malaysia and approved by Bank Negara Malaysia;
(e) the new shares, the production or disposal has been approved under the securities industry Act 1983 [Act 280], in any public limited company incorporated in Malaysia who firmly listed on a stock exchange in Malaysia or its listing on a stock exchange in Malaysia already approved under the securities industry Act 1983; or (f) any other investments and securities currently allowed under any written law for the investment of trust funds.
Laws of Malaysia ACT 50236 (2) no registered cooperatives can invest money in excess thereof in any other way, unless, with the approval of the Registrar General, in — (a) the shares or securities of any other registered cooperatives;
(b) capital share or debenture stock or convertible redeemable preference shares of any company or any body corporate registered in Malaysia, other than those specified in subsection (1);
(ba) any joint venture company; or (c) its subsidiaries.
(3) no registered cooperatives can invest the money under paragraph (1) (e) and (1) (f) and subsection (2) exceeds the specified limit by meeting his great work.
Capital gains 55. (1) a registered cooperative shall credit to the account of the capital reserves of all capital gains derived from — (a) the sale of land or building, or both, as fixed assets; and (b) revaluation of land or building, or both, as the fixed assets, with the approval of the Registrar General.
(2) capital gains referred to in paragraph (1) (a) may be used by the registered cooperatives for all or any of the following purposes: (a) the issuance of bonus shares;
(b) the writing accumulated losses;
(c) the writing of a capital loss; and (d) the establishment of a Fund for redemption of Bonus share.
(3) no registered cooperatives can use the capital gain referred to in paragraph (1) (a) for the purpose of the bonus issue shares unless and until all accumulated losses and its current, if any, had been written off completely.
Co-operative society 37 (4) capital gains referred to in paragraph (1) (b) may be used by the registered cooperatives to issue bonus shares to its members, and bonus share shall not be issued but may, with the approval of the Board, be transferred to other members of the registered cooperative or, in the case of a member who died after the bonus shares issued, payable out of the Fund for redemption of Bonus share registered cooperatives.
(5) bonus Shares redeemed by a registered cooperative can be reproduced as a bonus share to its members in accordance with the provisions of the by-laws.
(6) a register bonus share shall be maintained by the registered cooperatives.
(7) this section shall not apply to a registered cooperative is required by the provisions of any other written law governing its operations so as to manage its capital gains in the manner provided for in the law.
Net profit 56. Audited net income a registered cooperative for each financial year shall be determined after deducting the operating expenses, provisions for bad and doubtful debts, depreciation of assets and a depleting in value of investments.
Distribution of the audited net income 57. (1) every registered cooperative shall pay into its reserve Fund not less than fifteen per cent of the net profit terauditnya for each financial year.
(2) subject to subsection (7), every registered cooperative shall, from net profit terauditnya for each financial year, pay for so sum of money determined by the Minister to — (a) the Cooperative Education Trust Fund; and (b) the Cooperative Development Trust Fund for any secondary or senior cooperative has laws of Malaysia ACT 50238 declared by the Minister as the body representing the cooperative movement at national and international level, which is established under the regulations for the promotion of cooperative principles.
(3) no secondary cooperative or top can be declared under paragraph (2) (b) as the body representing the cooperative movement at national and international level unless — (a) the cooperative goals include promoting the cooperative principles and facilitate the operation of registered cooperatives; and (b) the cooperative by-laws that make provision for — (i) mergers all registered cooperatives without any restrictions or payment of any fees except for fi-in; and (ii) the appointment to Lembaganya, by the Minister, at least one representative from the Ministry of the Minister, and a representative of the Ministry of finance.
(4) there may be deducted from the amount of money referred to in subsection (1) any sums payable pursuant to subsection (2).
(5) subject to subsection (7), a registered cooperative may, after the costs specified in subsection (1) and (2), using net income terauditnya for each financial year for all or any of the following purposes: (a) the payment of the rebate because the subscription and return on deposit;
(b) the payment of dividends, which may not, in any case, exceed the maximum rate prescribed in regulations, upon share and fees the registered cooperative members;
(c) the payment of the honorarium to Board members of the registered cooperatives, which cannot, in any case, exceed the total funds approved by the Registrar General;
The cooperative 39 (d) payment of a sum of money not exceeding ten per cent of the audited net profit for any charitable purpose or for any other purpose.
(6) no rebate because subscriptions, the return on deposits or dividends on share and fees can be paid to the members of a registered cooperative and no honorarium payable to members of the Board of a co-operative society registered with the exception of the audited net profit registered cooperatives.
(7) no registered cooperatives can use its net profit for any purpose under subsection (2) or (5) unless and until all its retained losses, if any, had been written off completely.
(8) Notwithstanding subsection (7), a registered cooperative that its retained losses has not been written off completely may, with the approval of the Registrar General, using net income terauditnya for the payment of dividends in any case shall not exceed five percent of the total shares or member fees, or both.
PART VII ACCOUNTS and AUDIT the maintenance account

58. (1) Every registered cooperative shall cause maintained accounting records and other records that will sufficiently explain the transactions and financial position of the registered cooperatives and subsidiaries or its subsidiaries, if any, and which enable available, from time to time, trading profit and loss account and balance sheet and the true and fair view and any document required to be attached to it and shall cause the record maintained in such manner as will allow it to easily and should be audited.
(2) every registered cooperative shall cause the appropriate entries to be made in the accounting and other records as soon as possible but not later than thirty days from the completion of the transactions relating to such posts.
Laws of Malaysia ACT 50240 (3) every registered cooperative shall cause available, as soon as possible but not later than two months after the end of each financial year, trading and profit and loss account and the balance sheet together with any other document required for the purposes of auditing.
(4) Records referred to in subsection (1) shall be kept at the registered office of the co-operative society registered or at any other place deemed fit by the Board and shall be open at all times for inspection by the Registrar General and by any person authorised by him generally or specially by writing.
(5) the Registrar may, in any particular case, order that the accounting and other records and a cooperative registered, including the accounting and other records and a subsidiary or its subsidiaries, if any, open for inspection by a person approved Auditors acting on behalf of any member or officer of the registered cooperatives, but only when given an undertaking in writing to the Registrar General that any information obtained by the auditors during its inspection should not be disclosed by him except to members or the officer.
Financial statements and reports of the Board of 59. (1) every registered cooperative shall, on a date not later than eighteen months after its registration and thereafter at least once in every calendar year, to present, at its annual general meeting — (a) the trade and profit and loss account, statement of source and use of funds for the period since a previous account or, in the case of the first account, since the registration of the cooperative or its subsidiary or subsidiaries of subsidiaries , if any, available as of a date not more than twelve months before the date of the general meeting;
(b) balance sheet as at the date of that account are available;
(c) report signed by or on behalf of the Board in respect of the Affairs of the registered cooperatives and subsidiaries or its subsidiaries, if any;
Co-operative society 41 (d) the auditor's report referred to in section 63; and (e) the views of the Chief Registrar referred to in subsection (2) of the accounts and balance sheet of the registered cooperatives and subsidiaries or its subsidiaries, if any.
(2) the accounts and balance sheet of a registered cooperative and its subsidiaries, if any, are properly audited should be submitted to members not less than fifteen days and to the Chief Registrar not less than thirty days before the annual general meeting, and the Registrar General can provide any insights as it thinks fit on the accounts and the balance sheet.
(3) every report in relation to paragraph (1) (c) shall state, with appropriate details of — (a) whether or not the results of the conduct of the registered cooperatives and subsidiaries or its subsidiaries, if any, in the period covered by the profit and loss account has been, in the opinion of the Board, be affected materially by the abnormal thing in nature;
(b) the amount, if any, have been paid, declared or recommended that paid out as dividends;
(c) whether or not any case circumstances have arisen which render adherence to the existing method for the assessment of assets or liabilities of the registered cooperatives misleading or inappropriate;
(d) whether any contingent liabilities that have not been cashed were acknowledged by the promise of the registered cooperatives or by any of its subsidiaries during the period covered by the profit and loss account and, if so, the lesser amount and whether or not any such contingent liabilities has become enforceable or is likely to be become enforceable within the period of twelve months following that will affect the ability of the registered cooperatives to meet its obligations if and when it needs to be filled;
(e) other Reserves required under this Act, the amount, if any, proposed brought to any other Fund or reserve account expressly indicated on the balance sheet or to the laws of Malaysia Act 50242 any other Fund or other reserve account will be shown with real on the balance sheet which is then; and (f) if the Board is of the opinion that the total current assets will not be at least produce the value shown for him in the account of the registered cooperatives, his opinion about the amount that may reasonably be expected to be generated by the assets in the ordinary course of business of the registered cooperatives.
(4) in subsection (3), the phrase "the abnormal things nature" includes — (a) any changes in accounting policies adopted since the previous report;
(b) any transfers to or from reserves or provisions;
(c) any writing large bad debts is the lesser;
(d) any change in the basis of assessment for the whole or any part of the business or stock of the whole or any part of the work in progress;
(e) any other details that unusual kind or value contained in that account; and (f) the absence of any details of the material that is usually included in the account.
(5) every trade and profit and loss account and the balance sheet set out in front of a co-operative society registered in the annual general meeting, including the consolidated profit and loss account and balance sheet and the consolidated balance sheet, shall give a true and fair view of the Affairs of the registered cooperatives and subsidiaries or its subsidiaries, if any.
Audit of 60. (1) every registered cooperative shall cause the account to be audited at least once in every financial year by a person approved by the Registrar General.
Co-operative society 43 (2) Notwithstanding subsection (1), the Registrar General may, at any time, at their own pleasure or on application of a cooperative registered, audited accounts audited or cause any co-operative society registered.
Approval for the co-operative auditors registered 61. (1) for the purposes of subsection 60 (1), the Registrar General may, by General or special order in writing and having paid such fees as may be prescribed, approve any person competent to audited the accounts of a registered cooperative or cooperative-cooperative registered under this Act if — (a) such persons apply in writing to the Registrar General that such approval; and (b) the Registrar is satisfied that the person is qualified and competent to such approval.
(2) No person shall be approved for audited and no person shall be audited the accounts of registered cooperatives are the same for any continuous period of more than six years, but such person can be approved for audited and can continue auditing the accounts of a registered co-operative society two years after he stopped audited the accounts of the registered cooperatives.
(3) for the purposes of subsection (2), the approval for a period more for someone Auditors, immediately after he stopped acting as auditors of registered cooperatives in the same, shall be construed as making the period is ongoing.
The circumstances that make a person disqualified for approval or to act as an auditor of a cooperative registered 62. No person shall be approved for audited the accounts of a registered cooperative or, if he is approved as auditors, can be audited the accounts of a registered cooperative or make anything required to be made by an auditor under this Act if — (a) he is in any way in debt with the registered cooperative or any of its subsidiaries for a sum of money in excess of ten thousand dollars;
Laws of Malaysia ACT 50244 (b) he is the registered cooperative officer or partner of the officer in such enterprises;
(c) he is registered or co-operative partner of the worker in any industry;
(d) he is an employee of an officer of the registered cooperatives or employee of such an employee; or (e) he has been convicted of any offence under this Act, or of the companies Act 1965 or for any offence involving fraud or dishonesty under any other written law.
The duty of the Auditors of the 63. (1) the auditor of a registered cooperative shall examine and audit the account and other related records of the registered cooperatives and shall immediately attracted the attention of the Chief Registrar and registered cooperative about any irregularities disclosed by the inspection and the audit which, in the opinion of the Auditors, sufficiently important to menjustifikasikannya do so.

(2) the auditor of a registered co-operative society shall be audited and to report on the financial statements submitted by the registered cooperatives after tutupnya that financial year.
(3) the auditor of a registered cooperative shall, in respect of the account, record and the statement referred to in subsection (1) and (2), give the report — (a) whether such financial statements give a true and fair view of financial transactions and Affairs of the cooperative; and (b) any other matters arising from the audit as it thinks fit under review, and shall state in his report whether — (aa) the accounting and other records have been kept; and (bb) the receipt, expenditure and investment of money and the acquisition and disposal of assets by the registered cooperatives in accordance with this Act, the regulations and the by-laws of the registered cooperatives.
Co-operative society 45 (4) the auditor of a registered cooperative may at any time another report to the Chief Registrar and registered cooperative about any matter arising from the conduct of the audit.
(5) the audit of the accounts of a registered cooperative shall include a review of the will and a report on outstanding debt, if any, and will review and report on the valuation of assets and liabilities of the registered cooperatives.
PART VIII inspections, investigations, DISSOLUTION and DISPUTE the authority of the Registrar General to check the books, etc., cooperatives registered 64. The Registrar General, or any public officer authorized generally or specially by him in writing, shall have access to all books, accounts, documents and securities of a registered cooperative and subsidiaries or its subsidiaries, if any, and shall be entitled to inspect the cash in hand; and every officer (including any former officer) of the registered cooperatives and subsidiaries or its subsidiaries, if any, shall provide any information and produce any books, accounts, documents and securities with respect to transactions and travel the registered cooperatives and subsidiaries or subsidiaries a subsidiary, if any, required by the person making the examination.
The authority to seize and hold books and documents 65. If, in the time or following an inspection under section 64, found that an offence under this Act or the regulations has been committed, then the Registrar General or public officer authorized by him in writing to make such inspection may enter any premises occupied by or owned by the registered cooperatives and may seize and detain any book , documents and registered cooperative security that may provide evidence of an offence under this Act or the regulations.
Laws of Malaysia ACT 50246 Inquiry 66. (1) the Registrar General may, following an inspection under section 64 or an audit under section 60, to hold an inquiry or directing any person authorized by him by order in writing for this purpose, to convene an inquiry about the establishment of, travel and financial position of the registered cooperatives.
(2) for the purposes of an inquiry under subsection (1), the Registrar General or an authorized person referred to in subsection (1) may require any person who he has reason to believe knowing about any Affairs of the registered cooperatives and can examine that person with swears and may require any person to produce or deliver any books, accounts and documents in its custody who belong to the registered cooperatives and subsidiaries or its subsidiaries , if any, if the Chief Registrar or the authorized person has reason to believe that the books, accounts and documents that may provide evidence of an offence under this Act or under the regulations.
(3) every person who is authorized under subsection (1) shall, after the conclusion of the investigation under subsection (1), reporting to the Chief Registrar dapatannya.
The Chief Registrar may notify a registered cooperative inspection or investigation 67 results. If an inspection conducted under section 64 or an inquiry held under section 66, the Registrar General may notify the results of inspection or inquiry to the registered cooperatives and may, by order in writing, direct any officer of the registered cooperatives take any action specified in the order to correct, within the time specified in the order, disability, if any , disclosed the results of the investigation or examination.
Co-operatives 47 Inspection upon the application of the creditor's 68. (1) the Registrar General may, on the application of a person the creditor of a cooperative registered, inspect or direct any public officer authorized by him by order in writing for this purpose, account books, cash or other property belonging to the registered cooperatives and subsidiaries or its subsidiaries, if any, and the Registrar General or public officer shall have all the powers under section 64.
(2) no inspection can be made or directed under subsection (1) upon application of a person the creditor of a cooperative registered unless the creditor — (a) to the satisfaction of the Registrar General that the debt is a sum of money which was due at that time and he had demanded payment but have not received the payments in a reasonable time; and (b) deposit with the Registrar General any sums required by the Registrar General as security for the cost of the examination.
(3) the Registrar General shall notify the results of inspection under subsection (1) to creditors and the registered cooperatives.
The power of the Chief Registrar following the investigation of a 69. (1) the Registrar may, after considering the facts disclosed in the inquiry under section 66 and if it deems it necessary to do so in the interest of the registered cooperatives, by order: (a) suspend all or any of the registered cooperative activities, for the period specified by him;
(b) suspend or dissolve the Board registered cooperatives; or (c) freeze the bank accounts of the registered cooperatives to prevent loss or misuse of money.
(2) any order made under subsection (1) shall have effect as soon as it is made and the laws of Malaysia ACT 50248 shall, unless it is waived under subsection (7), valid for the period specified in the order; and the period can be extended from time to time but the amount should not exceed four years.
(3) even though an appeal has been submitted under subsection (7), the Registrar General may appoint any person (including a body corporate, whether registered under this Act or any other written law) as an administrator to manage, subject to the supervision of the Chief Registrar, the registered cooperative Affairs; and such administrator shall manage the Affairs of the cooperative registered until a new Board is elected under the by-laws of the registered cooperative or, if an order made under subsection (1) is then set aside, until the order is set aside in such a way.
(4) a person appointed under subsection (3) shall have and exercise all the powers granted to the Board of the registered cooperatives; and with respect to the cooperative management of the registered the following provisions shall have effect: (a) any person so appointed shall be given such remuneration which the Registrar General may think fit;
(b) such remuneration provided under paragraph (a) and all expenses and costs shall be payable from the funds of the registered cooperatives; and (c) any person so appointed shall not be liable to the registered cooperative or any member of the registered cooperatives or to any person for any act done by him in good faith.
(5) no nothing in this section shall be deemed to affect the powers of the Registrar General to order the winding up of a registered cooperative.
(6) Notwithstanding the provisions of the earlier in this section, the Registrar General may by order dismiss any officer of the registered cooperatives if such action was in the interest of the registered cooperatives, but none can be fired so without given an opportunity to be heard;
The cooperative 49 and any vacancy arising as a result of such removal shall be filled in the manner provided in the by-laws of the cooperative.
(7) any person aggrieved by an order of the Registrar General under subsection (1) or subsection (6) may, within twenty one days from the making of the order, appeal to the Minister, who shall confirm or set aside such order and the decision of the Minister shall be final and conclusive.
Officers fired upon an order of the Registrar General cannot be re-appointed 70. If an officer of a registered cooperative has been dismissed by order of the Registrar General under subsection 69 (6), the officer shall thereafter cease to be eligible for appointment as a member of the Board or any Committee of the registered cooperative or employed by the registered cooperative or any other cooperative registered, as the case may be, for a period of five years from the date of such removal.
Dissolution of

71. (1) If the Chief Registrar, after an inspection made under section 64 or 68 or after an inquiry held under section 66 or on receipt of an application made by three fourths of the members of a cooperative registered, of the opinion that the registered cooperatives should be dissolved, he may make an order for the cancellation of the registration of the cooperative.
(2) any member of a registered cooperative may, within two months from the date of an order under subsection (1), appeal to the Minister against the order.
(3) where no appeal is presented to the Minister against an order under subsection (1) within two months from the date of the order, the order shall come into force when that period expires.
(4) where an appeal is presented to the Minister against the order under subsection (1) within two months from the date of the order, the order shall not be in effect unless and until it is confirmed by the Minister.
Laws of Malaysia ACT 50250 (5) If the Registrar General makes an order under subsection (1) for cancellation of the registration of a registered cooperative, he may make any further order that it thinks fit for the custody of the books and documents and for protection or disposal of assets of the registered cooperative until the order cancelling the registration of cooperatives is to take effect under subsection (3) or, if an appeal is submitted under subsection (4) , until the order is confirmed or otherwise.
(6) no registered cooperatives can be wound up except by order of the Registrar General.
Dissolution in certain specified circumstances 71A. (1) Notwithstanding the provisions of subsection 71 (1), if in respect of a registered cooperative, other than a registered cooperative is being investigated or controlled or managed under regulations Need (Protection to depositors) 1986 [P.U. (A) 237/1986], membership of the registered cooperative is a long number that makes compliance with subsection 71 (1) are not reasonably implemented and if the Registrar General has received a request from — (a) not less than one-tenth of the members or so the number of representatives who represent no less than one-tenth of the registered cooperative members; or (b) the Board of the registered cooperatives, for an order that the registered cooperatives dissolved with the intention to menyusunkannya again as a company incorporated under the companies Act 1965, the Registrar General shall, subject to subsection (3), notify or cause told all members of the cooperative are registered on the matter.
(2) if the Registrar General has received more than one application under subsection (1), he shall consider, among the applications that meet the requirements of this subsection, the first application received by the Registrar General's Office.
Co-operative society 51 (3) an application under subsection (1) shall be accompanied by the documents and information referred to in subsection (6) except as under paragraph (a), (b) and (j), and the Chief Registrar may at any time require the applicant submitting within the time prescribed by it of any other document or information which he may deem necessary for the purposes of the application.
(4) the Registrar may, before any notification under subsection (1) and after notifying the registered cooperatives are his intention to do so no later than two weeks before the appointment, appoint any person who is managing to provide consultancy services and advice relating to corporate and investment matters for menasihatkannya regarding the proposal contained in the application, or any aspeknya.
(5) an application under subsection (1) may, at any time before any notification under that subsection is sent or broadcast, as the case may be, withdrawn by the applicant by request in writing made to the Registrar General.
(6) a notification under subsection (1) shall — (a) specify the period in which the form provided in the notification to be returned by the Member to the Chief Registrar and such period shall not be less than two months from the date of posting or publication of the notification, as the case may be;
(b) stating that if — (i) the response form is not returned properly by the Member within the specified period; or (ii) form a response is returned within the specified period and the Registrar General is satisfied that the answer does not indicate expressly a resistance to dissolution and reconstruction of the registered cooperatives, the Member shall be deemed to have agreed with the decision to dissolve and restructure cooperative registered in accordance with the scheme referred to in paragraph (e);
Laws of Malaysia ACT 50252 (c) including the audited accounts for the previous financial year for the registered cooperatives;
(d) include a declaration by — (i) each Member of the Board of the registered cooperatives regarding the nature and extent of, j if any, shall be of its interest in the successor company; and (ii) each Member under paragraph (1) (a) or the Board under paragraph (l) (b), as the case may be, of the aggregate holding of shares held by him, individually or in association with any other person, in the registered cooperatives;
(e) including reorganisation scheme proposed to replace the registered cooperative with any sufficient detail to inform the members about the nature and extent of their participation in the case of winding-up and reorganisation of the registered cooperatives that skimnya shall be prepared by a person who is managing to provide consultancy services and advice relating to corporate and investment matters;
(f) including, if the successor company of a company to be incorporated, the name and other particulars of the company sponsors of not less than two persons and all such documents as may be necessary for the establishment and incorporation of the company;
(g) including, if the successor company of a company, the Memorandum and articles of her and, to the extent applicable, audited accounts for the three financial years before the current year;
(h) include the nature and extent of any approval, consent or endorsement required by any other authority or person related, in addition to the agreement of the members of the co-operative society registered under subsection (7), and that necessary for the purposes of the scheme referred to in paragraph (e);
(i) include a declaration by each Member of the Board of Directors of the substitute, or the Board of Directors of the company first proposed and sponsors, in Cooperative 53 case successor company will be incorporated, as regards the nature and the extent, if any, will be of its interest in the registered cooperatives; and (h) include any other documents or information, including any advice can be obtained by the Registrar General under subsection (4), or any part thereof, as he may deem necessary.
(7) once the expiration mentioned under paragraph (6) (a) and the Registrar General is satisfied that three quarters of the members agree with the liquidation and restructuring of the registered as a cooperative company, he shall make an order for cancellation of the registration of the cooperative: provided that the order cancellation shall not be effective or effective until — (a) if the successor company to be incorporated under the companies Act 1965 , its incorporation; or (b) if the successor company is an existing company, the completion of any necessary action to make it capable of undertaking activities referred to in paragraph 75 (1) (l); and (c) all approval, consent or endorsement mentioned in paragraph (6) h) were obtained.
(8) for the purposes of subsection (7), date referred to in paragraph (6) (a) shall be the date of the later of the following: (a) two months from the date of the end of the posting date of the notification under subsection (1);
(b) two months from the date of the publication under subsection (11).
(9) any costs incurred by the Registrar General in accordance with this section, including any costs incurred under subsection (4), shall be borne by the registered cooperatives.
(10) the notification referred to in subsection (6) shall be in writing and shall be sent by ordinary post to the members of the co-operative society registered at his last known address.
Laws of Malaysia ACT 50254 (11) without prejudice to subsection (10), in addition to delivery notification by ordinary mail to the registered cooperatives, the Registrar General shall also notify or cause to be notified to members on all matters referred to in subsection (1) and (6) with the post in at least one major local newspaper in the national language and in English and if applicable, by giving attention to the composition of the cooperative , in local newspaper vernacular may be.
(12) the publication of a notification under subsection (11) shall provide for the matters specified in subsection (6) and the broadcasting shall be deemed to be sufficient notice to the registered cooperatives.
(13) subsection 71 (2), (3), (4), (5) and (6) shall apply to this section but with modifications that the pronunciation it about subsection 71 (1) shall be construed as a reference to subsection 71A (1).
(14) for the purposes of this section —

"applicant", in relation to an application made by the person referred to in paragraph (1) (a), means everyone needs one-tenth in association;
"successor company" means a company, whether that be incorporated or existing, referred to in subsection (1).
(15) if the successor company of a company's securities or classes of security there is quoted on the stock market of a stock exchange, including Bumiputra stock market, and on the application of any applicant under this section, the Minister, acting on the recommendation of the Chief Registrar, may exempt the applicant from the requirement to produce any particulars under paragraph 6 (d), (f), (g) or (i) subject to such terms and conditions as he thinks fit to impose, including such guarantee to protect members of the registered cooperatives.
Provision for personnel who disagree 71B. If pursuant to subsection 71A (7) the Chief Registrar make an order for revocation of registration of a cooperative the cooperative 55 registered, he shall, in respect of any Member who does not agree with the dissolution and restructuring the cooperative as a company, make an order to distribute to the Member so the amount of money which is the value of the proportion of the assets of the cooperative that otherwise will be distributed to him under paragraph 75 (1) (p) : provided that — (a) any dispute relating to or appeal on the nature and amount of distributions will be made to the Member shall not operate as suspend the exercise of the power by the Registrar General under this Act to carry out the restructuring proposal; and (b) any resolution of the dispute on appeal or otherwise after the date of vesting provisions that referred to in subsection 71C (1) shall be the liability of the successor company.
Transfer of assets registered to the company cooperative 71C. (1) in respect of a registered cooperative referred to in subsection 71A (7), the Registrar General may, after making distributions under section 71B, if any, and after consultation with the registered cooperatives, by order published in the Gazette, specify a date and vesting date on that date, all assets, rights or liabilities registered cooperatives set out by the Chief Registrar in the order shall by virtue of this Act vested in the company mentioned in the reorganisation scheme without any whatsoever conveyancing , assignment or transfer.
(2) every assets vested by virtue of subsection (1) the company shall be vested in the company for title, estate or similar interests and for holding similar as the assets were vested or held immediately before the date of the vesting date.
Laws of Malaysia ACT 50256 (3) every right in action vested by virtue of subsection (1) at the company may, after the date of the vesting date, be sued, recovered or enforced by the company in his own name and it shall not be necessary for the company to give notice to the person bound by the right in the action about the vesting provisions made by subsection (1).
(4) every rights and liabilities vested through subsection (1) at the company may, on and after the vesting date, be sued, recovered or enforced by or against the company in his own name and it shall not be necessary for the company to give notice to the person the rights or liabilities touched by vesting date under subsection (1).
(5) any legal proceedings pending by or against the cooperative registered in relation to any assets, rights or liabilities transferred to and vested in the company by virtue of subsection (1) may, on and after the date of the vesting date, be continued by or against the company.
(6) where by virtue of subsection (1), any assets transferred to and vested in the company, the provisions of Sections Thirty national land code [Act 56 of 1965] applicable to the transferee in addition to a State authority or the Government of a State shall, for the purpose of making registration for the vesting provisions, apply to the company.
Cancellation of registration a co-operative because less membership 72. (1) the Registrar may, by order in writing, cancel the registration of any registered co-operative society, other than a co-operative between its members is one or more cooperative registered, if at any time it is proved to he is satisfied that the number of registered cooperatives members who first mentioned have decreased up to be less than ten people.
Co-operative 57 (2) every order made under subsection (1) shall have effect from the date of the order.
As a result of cancellation of registration 73. If the registration of a registered cooperative is cancelled by an order under section 71, 71A or under section 72, the cooperative shall cease to exist as a corporate body from the day the order comes into operation.
Pelikuidasian after the revocation of the registration of cooperative 74. If the registration of a registered cooperative is cancelled under section 71, 71A or section 72, the Registrar General may appoint a person to be liquidator of the registered cooperatives.
Powers of liquidator 75. (1) a liquidator appointed under section 74 shall, subject to the guidance and control of the Chief Registrar and to any limitations imposed by the Chief Registrar by order under section 76, has power to — (a) determine, from time to time, contributions must be made by members and former members, or by the estate of dead members, the registered cooperatives to its assets;
(b) prescribe, by notice, one day the previous creditors, who claim they have not been recorded in the books of the registered cooperatives, shall state their claims for taken into account so that they are not eliminated from any distribution made before they prove the claim;
(c) decide any questions of priority arising between the claimant and provide a scheme for the payment of what was supposed to be accepted by them;
(d) initiate and defend suits and other legal proceedings by and on behalf of a cooperative registered under his name or his Office and present himself in court as a litigan on behalf of the cooperative;
Laws of Malaysia ACT 50258 (e) give any person the authority to make the collection and provide receipts valid in his stead;
(f) decide who shall bear and at what rate are ditanggungnya cost pelikuidasian;
(g) give any direction with respect to the collection and distribution of the registered cooperative assets and disposal of books and the cooperative documents as may be necessary during scrolls of the cooperative;
(h) the compromise of any claims by or against the registered cooperatives provided sanctions Chief Registrar has been obtained in advance;
(i) call such general meetings of members or representatives as may be necessary for travel should be the pelikuidasian;
(j) take possession of the books, documents and assets of the registered cooperatives;
(k) the right to sell, transfer, assign, transfer, change, return and return, lease, pledge, charge, charge recover, assign or otherwise manage, all or any part of the property of the registered cooperatives, and manage a result by any means for the benefit of, or for the interests of the registered cooperatives or members, depositors, creditors or the client, or those who have any arrangement or transaction which is valid with the registered cooperatives;
(l) make any arrangement, agreement, or a scheme, with any person of all or any part of the property of the registered cooperatives sold, transferred rights, transferred, assigned, changed, extradited and returned, leased, mortgaged, pledged, assigned, or otherwise disposed of again, to any person as consideration for the person agreed to settle, or such part as may be specified, the liability of the registered cooperatives including the registered cooperatives deposit liabilities;
(m) make any arrangement, agreement, composition, compromise, or scheme, with any depositors, creditors, customers, or those who have any dealings or transactions valid with cooperative Cooperative registered 59 that any right of any such person, or any liability of the registered cooperatives to any such person, are made subject to arrangement, agreement, composition, compromise or scheme made by the liquidator;
(n) to employ any person as an employee of the registered cooperatives, or terminate the employment of any employee of the registered cooperatives, in accordance with the terms of the contract of service or take any action, including disciplinary action and punishment, as appropriate, as it considers necessary or expedient with respect to employment or termination of the work;
(o) conducting the business of the registered cooperative to the extent necessary for menggulungnya with more beneficial; and (p) arrange the asset allocation of the registered cooperatives in such manner as to make it easier when a distribution scheme has been approved by the Registrar General.
(2) Notwithstanding paragraph (1) (o), the liquidator of a credit cooperative was not entitled to provide such loans.
(3) a liquidator may refer any dispute to the Registrar General, and in relation to such disputes section 82 shall apply as if the dispute is a dispute touching the business of a registered cooperative.

(4) a liquidator shall deposit money and other assets of a cooperative disbanded collected by him or goes into his possession as a liquidator, in the manner and at the place determined by the Registrar General from time to time.
(5) a liquidator shall, every three months or at intervals less than that as may be ordered by the Registrar General, submit to the Registrar General, a report indicating the progress achieved in the roll of the cooperative Affairs, and shall, upon completion of the pelikuidasian proceedings, submit a final report and submit to the Registrar General all books, registers and accounts belonging to the cooperative and all books and accounts kept by it relating to the proceedings.
Laws of Malaysia ACT 50260 (6) any liquidator appointed under this Act shall, so far as the powers necessary to carry out the purposes of this section, has the power to summon and compel the attendance of parties and witnesses and to compel production of documents in the same way and (as far as can be) in the same manner as provided in the case of sessions Court.
(7) if the Registrar General has, pursuant to subsection (4), determine that the money a co-operative dissolved shall be remitted to him, the money shall be held in a trust account to be known as the cooperative Pelikuidasian Account pending its distribution to the beneficiary in accordance with a scheme that requires his approval.
(8) Money held in Accounts Pelikuidasian Cooperative money should be deposited or invested by the Trustee Act 1949 [Act 208] and net income from such investments or deposits shall be credited to the Fund Centre Cooperatives which shall be held and administered by the Registrar General in accordance with the regulations.
The Registrar General's power to control pelikuidasian 76. The Chief Registrar may, in respect of cooperatives referred to in section 74 — (a) cancel or amend any order made by a liquidator and make whatever new order required;
(b) dismiss someone liquidator from Office;
(c) request all books, documents and assets of the cooperative;
(d) by order in writing restrict power someone liquidator under section 75;
(e) require the account given to him by the liquidator;
(f) obtain auditing accounts and liquidator authorized asset allocation of the cooperative; and (g) make an order for the remuneration of the liquidator, and the remuneration is to be included into the cost of pelikuidasian and shall be payable out of the assets with a given priority of all other claims.
Cooperative Enforcement order 77 61. An order made by the liquidator or by the Registrar General under section 75 or 76 shall be enforced by any sessions court having jurisdiction for the place is the location of the registered office of the cooperative in accordance with the same way as a judgment of that Court.
Limits for the jurisdiction of the civil courts 78. Except as expressly provided in section 77, no civil court shall have such jurisdiction in respect of any matter relating to the dissolution of a cooperative registered under this Act, and no appeal can be made to any civil court against any order of the liquidator.
Priority of payments by a liquidator is 79. (1) in pelikuidasian a cooperative whose registration has been cancelled, the money of the cooperative, including money in the reserve account, shall be applied first to the cost of pelikuidasian, then to settle the liabilities of the cooperative, and then to pay the share capital or the fees and then, if the by-laws of the cooperative, allowing him to pay dividends at the rate set out in the regulations for any period for which there are no dividends are paid.
(2) Priority payment of unsecured debt a cooperative in pelikuidasian as is mentioned in subsection (1) shall rank according to the following order: (a) first, the cost of pelikuidasian, including the liquidator's remuneration as provided under paragraph 76 (g);
(b) second, all amounts payable to the Government for a loan or unsecured advances and any other amount payable to employees Provident Fund;
(c) Thirdly, all liabilities of the cooperative deposit;
Laws of Malaysia ACT 50262 (d) keempatnya, all wages or salary (whether or not obtained wholly or in part through commissions) includes any amount payable as an allowance or reimbursement under any employment contract or award or agreement specifies the conditions of work of any employee of the cooperative, but does not include any interest termination or retirement benefit payable upon termination of employment for any reason;
(e) kelimanya, all amounts payable in respect of compensation under any written law relating to workers ' compensation in respect of bodily injury to an employee who is employed by the cooperative;
(f) keenamnya, all moneys payable to any person, whether in respect of remuneration or compensation, in relation to the death of any employee of the cooperative;
(g) his seventh consecutive, all payments due to any public authority under any written law as tax or otherwise;
(h) kelapannya, all other debts the cooperative due to any unsecured creditors.
(3) If a cooperative pelikuidasian has been completed and any person not demanding or receiving what he received under the scheme of distribution, notice of the completion of the pelikuidasian shall be published in the Gazette, and all claims against the cooperative money dilikuidasikan registered shall be unobstructed when the expiration of two years from the date of publication of the notice in the Gazette.
(4) any balance of the money remaining after the expiry of a period of two years mentioned in subsection (3) shall be credited to the Fund Centre Cooperatives.
The powers of the Registrar General to surcharges officer, etc. co-operatives registered 80. (1) If, during the winding up of a co-operative society registered or as a result of an audit under section 60 or an inspection under section 64 or 68 or an inquiry in Cooperative 63 pursuant to section 66, it was found that any person who has participated in maintenance or management of the cooperative or any of its officers, agents, servants or member now or for the cooperative was abusing or save or be liable or responsible for any money or property of the cooperative or have done misfeasans or breach of trust in relation to cooperatives that, then the Registrar General may, on his own or his will upon the application of a liquidator or any creditor or contributor, examine the person's behavior and made an order that requires it to pay or return the money or property or any part thereof with interest at rates deemed fair by the Registrar General or donate some money to the cooperative's assets as compensation in respect of abuse , storage, dishonesty or breach of trust it as it thinks fair by the Registrar General.
(2) an order under subsection (1) shall be enforced by the sessions court having jurisdiction for the place is the location of the registered office of the cooperative in accordance with the same way as a judgment of that Court.
(3) this section shall apply even if the acts referred to in subsection (1) the Act for which the offender may be responsible in crime.
Appeal against the order of the Chief Registrar 81. Any person aggrieved by any order of the Registrar General made under section 71B or 80, may appeal to the Minister within twenty one days from the date of the order and the decision of the Minister shall be final and conclusive.
Dispute resolution 82. (1) If a dispute touching the creation, by-laws, election of officers, travel general meeting, management or business a registered cooperative has arisen — (a) among members, former members and those claiming through the Member, former member and member of the dead;
Laws of Malaysia ACT 50264 (b) between a member, former member, or person claiming through a member, former member or employee who died with the cooperative, Lembaganya, or any officer of the cooperative;
(c) between the co-operative or Lembaganya with any officer of the cooperative; or (d) between the cooperative with any cooperative registered other, the dispute shall be referred to the Registrar General for decision.
(2) a claim by any co-operative society registered for any debt or claim due to the cooperative by a member, former member or the nominee, heir or representative in the law of a member who died, a dispute shall be deemed to affect the business of the cooperative within the meaning of subsection (1).
(3) the Registrar shall, on receipt of the reference under subsection (1) — (a) to decide on its own the dispute;
(b) refer it to an arbitrator or arbitration-arbitrator for resolved; or (c) require related parties refer the dispute to the Court.

(4) any party aggrieved by the award of an arbitrator or arbitration-arbitrator may appeal against the award to the Chief Registrar within two months from the date of award and in the manner prescribed in the regulations.
(5) the decision of the Registrar General shall be final and shall not be questioned in any civil court.
(6) the Award of an arbitrator or arbitration-arbitrator under subsection (3), if no appeal is presented to the Registrar General under subsection (4) or if the appeal is withdrawn or not pursued, is final and shall not be questioned in any civil court.
(7) the decision of the Registrar General or award the arbitrator or arbitration-arbitrator who, by virtue of subsection (5) and (6), shall be final and shall be enforced by the Court Sessions 65 Cooperative having jurisdiction for the place is the location of the registered office of the cooperative in accordance with the same way as-by decision or award it is a judgment of the Court of Session.
(8) any party aggrieved by the decision of the Court as to any dispute referred to it under paragraph (3) (c) may appeal against such decision in accordance with the rules of the Court applies.
Tribunal 83. (1) the Minister may, on the recommendation of the Chief Registrar, to establish a tribunal to carry out the functions specified in subsection (2).
(2) a tribunal established under subsection (1) shall hear and determine any dispute within the meaning of subsection 82 (1) and (2) which is referred to it under this section.
(3) the Minister may make such rules, in accordance with the provisions of this Act, as may be necessary or expedient for the purpose of enabling the tribunal to carry out its functions, and in particular, without prejudice to the generality of the powers mentioned earlier, the regulations could provide for the establishment, officers and the proceedings of the tribunal.
(4) after a tribunal established under subsection (1), all disputes within the meaning of subsection 82 (1) and (2) — (a) arising after the establishment; or (b) who, before the establishment of that, has referred to the Registrar General under subsection 82 (1) but in respect of which — (i) no measures have been taken or no proceedings have been instituted by the Chief Registrar for resolution under paragraph 82 (3) (a); or (ii) there are no decisions made by the Registrar General to refer the dispute to an arbitrator or arbitration-arbitrator for settlement under paragraph 82 (3) (b) or to the laws of Malaysia ACT 50266 require related parties refer the dispute to the Court under paragraph 82 (3) (c), shall be referred to the tribunal.
(5) a tribunal established under subsection (1) may — (a) take and receive all the evidence, whether written or verbal, and examine all persons as witnesses as the tribunal thought it necessary to take or examine;
(b) require the evidence of any witness made upon oath or affirmation (and may for that purpose to handle any oath or pledge) or by statutory declaration;
(c) summon any person to attend any meeting of the tribunal to give evidence or produce any document or other thing in his possession and can inspect them as a witness or requires it to produce any document or other thing in his possession;
(d) to hear and determine the dispute referred to it even in the absence of any party to the dispute to which has been delivered a summons or notice to appear;
(e) Notwithstanding any other written law relating to evidence, accept any evidence, whether written or oral, that may not be admissible in civil or criminal proceedings; and (f) conducting the proceedings or part thereof confidentially.
(6) the Award of a tribunal shall be binding on the parties.
(6A) If an award is made by a tribunal, the Secretary of the tribunal shall on the application of the Party want to enforce an award that send, within thirty days from the date of the application a certified copy of the award to the Registrar sessions court having jurisdiction in the place is the location of the registered office of the cooperative or Cooperative 67 place award is made and the Registrar shall cause the award are recorded and the award shall thereafter for all purposes shall be as the sessions Court judgment, in accordance with any applicable court or, if no such method, in such manner as deemed fair or expedient by the sessions Court.
(6B) Notwithstanding the period specified in subparagraph (1) (a) Rules 31 method 2 of the subordinate courts Rules 1980 [P.U. (A) 328/1980], the period specified in subparagraph shall, in relation to an award made before subsection (6A), be deemed to have effect from the date of commencement of that subsection.
(6 c) Notwithstanding any law or pillars of law to the contrary, the sessions Court shall have power to enforce any award made by the tribunal.
(7) any person aggrieved by the award the tribunal may appeal against the award to the High Court in accordance with the rules of the Court applies.
(8) Although a tribunal was established under subsection (1), the Registrar General that in his presence there is a dispute has not been resolved under paragraph 82 (3) (a) or any arbitrator or arbitration-arbitrator to whom a dispute has been referred to under paragraph 82 (3) (b) shall continue to manage the dispute under the paragraph, and subsection 82 (4), (6) and (7) shall continue to apply to the Registrar General's decision or award the arbitrator or the arbitration-arbitrator , as the case may be.
(9) Subsection 82 (3), (4), (5), (6), (7) and (8) shall not apply to any dispute referred to the tribunal under this section.
(10) any reference in this Act on the decision of the Registrar General or award the arbitrator or arbitration-arbitrator shall, in respect of the dispute decided by the tribunal under this section, be construed as a reference to the award of the tribunal.
Laws of Malaysia ACT 50268 Presentation case of question of law 84. (1) Notwithstanding anything contained in section 82, the Registrar General, at any time in making a decision under this Act, or the Minister at any time when an appeal submitted to it against any decision of the Registrar General under this Act, may refer any question of law arising out of such decisions in order to obtain the opinion of the High Court.
(2) any judge of the High Court, as directed by the Chief Justice, shall consider and decide on any question of law referred to the High Court under subsection (1), and the opinion given on the question is final and conclusive.
PART IX MISCELLANEOUS Mergers, transfers and voluntary Division 85. A cooperative registered may — (a) affiliated with a registered cooperative or cooperative registered the other to form a single cooperative;
(b) transfer the assets and liabilities to a registered co-operative society to another; or (c) divides itself into two or more cooperative, according to the rules.
The power to make regulations 86. (1) the Minister may make regulations necessary for the purposes of performing or giving effect to the principles and provisions of this Act.
69 cooperatives (2) in particular, without prejudice to the generality of the powers conferred by subsection (1), such regulations may — (a) prescribing the forms to be used and the conditions to be complied with in applying so that a cooperative procedure in the case of registered and the application;
(b) prescribing the conditions that must be complied with by a cooperative registered, apply for financial aid from the Government;
(c) prescribing the matters in respect of which a registered cooperative can or shall make by-laws and for the procedure to be followed in making, amending and cancelling the by-laws, and the conditions that must be met before manufacture, alteration or removal of such;
(d) prescribing all matters related to the appointment and term of Office of the Board of a cooperative registered;
(e) prescribing the manner in which a particular activity can be carried out by a registered co-operative society;
(f) prescribing the purposes for which the Special savings can be used;
(g) prescribing all matters relating to the merger and Division of registered cooperatives and transfer of assets and liabilities of the registered cooperatives, including vesting provisions and asset liabiltti — (i) co-operative society merged in the combined cooperative;
(ii) a registered cooperative in new cooperative created pursuant to a distribution;
(iii) a registered co-operative society registered at a cooperative according to something else, transfer the registration of cooperatives, cooperative new combinations and the transfer, registration, and cancellation in the case of mergers, the cooperative merged, in terms of distribution, existing cooperatives, and in the case of migration, the cooperative that makes transfer;
Laws of Malaysia ACT 50270 (h) prescribing the purposes for which money in the reserve account, other than those arising from capital gains, can be used;

(i) prescribing the maximum rate of dividends on share capital or capital fee payable by the registered cooperatives;
(j) prescribing the manner in which the funds of the Centre cooperatives and Cooperative Pelikuidasian Account shall be held, administered and used;
(k) subject to the provisions in this Act, explicitly specify in terms of how an appeal can be made against the Registrar General order and establish a procedure to be followed in submitting and resolving such appeals;
(l) prescribing the method of appointing the arbitrator or the arbitrator-arbitrators and the procedure to be followed in proceedings before the Registrar General or an arbitrator or an arbitrator-arbitrators such;
(m) prescribing the procedure to be followed by a liquidator appointed under section 74 and the case which appeal can be made against order such liquidator;
(n) prescribing the forms to be used, the fee shall be paid, procedures to be followed and all other matters connected with or incidental to the presentation, hearing and resolution of appeals under this Act or the regulations;
(o) provide for the inspection of documents and the register at the Office of the Registrar General and the fee shall be paid for him and for the production of a copy of such documents or express;
(p) provide for the establishment of a National Cooperative Consultative Council;
(q) provide for better implementation of the will of this Act and in particular provisions relating to section 71A, 71B and 71C;
Co-operative society 71 (r) prescribing the manner in which the Cooperative Education Trust Fund and the Cooperative Development Trust Fund held, administered and used.
(3) without prejudice to the provisions of subsection (1) and (2), the Minister, with the agreement of the Minister of finance may make regulations necessary for the purpose of controlling or regulating the activities, and to provide for better administration, registered cooperatives carrying on business financing or insurance business.
Exemption 87. The Minister may, when satisfied that it is desirable to do so in the interest of progress the registered cooperatives in general or a specific registered cooperative or a certain class of registered cooperatives, by special or general order, subject to such conditions as may be imposed by it, excludes any co-operative society registered or class of registered cooperatives, of any provision of this Act, or direct that such provisions shall apply to any co-operative society registered or class of registered cooperatives from the date or by any modification as specified in that order.
Get the amount of money due to the Government's 88. (1) all sums payable by a registered cooperative or an officer or member or former member of a co-operative society registered, therefore to the Federal Government or any State Government can be retrieved as a debt due to the Government.
(2) the amount of money payable by a registered cooperative to the Federal Government or any State Government and can be obtained under subsection (1) may be obtained: (a) first, the cooperative property;
(b) Secondly, in the case of a registered cooperative members of the liability of members is limited, subject to the limit of their liability; and (c) Thirdly, in the case of other cooperatives, from its members.
Laws of Malaysia ACT 50272 prohibition of use of the word "cooperative" 89. (1) No person, other than a cooperative registered, can trade or carry on business under any name or title that contains the as part of the name or the title, the word "cooperative" or words near to it in any other language.
(2) any person who contravenes the provisions of subsection (1) commits an offence and, on conviction, be liable to a fine not exceeding five thousand dollars and, in the case of a continuing offence, a further fine not exceeding five hundred dollars for each day the offence continues after conviction.
Disapplication of certain law 90. Legal provisions in force relating to trade unions, associations, organizations and companies shall not apply to co-operatives registered under this Act.
General offence 91. (1) Be guilty of an offence under this Act if — (a) a registered cooperative or an officer or employee or member of the cooperative that ignore or refuse to do an act or provide information required for the purposes of this Act by the Minister, the Registrar General or any person duly authorized in that behalf by the Minister or the Chief Registrar, as the case may be;
(b) a registered cooperative or an officer or employee or member of the cooperative is making false statements or provide false information;
(c) any person, without reasonable excuse disobeying any summons or requisition or any valid written order issued under the provision of this Act or has not provided the information required thereof by a person lawfully authorized to do so under the provisions of this Act;
Co-operative society 73 (d) a registered cooperative or an officer or employee or member of the cooperative do any act, which requires the consent or approval of the Registrar General or general meeting, without the prior consent or approval of such;
(e) a registered cooperative or an officer or employee of the Internal Audit Committee or employees or members of co-operatives that ignore or refuse to do an act or thing required by or under this Act to be made;
(f) a member of the Internal Audit Committee a registered cooperative or a false report the auditor under subsection 49 (2) or section 63, as the case may be;
(g) a registered cooperative or any person who does or causes to be done any act or prohibited by perkata, or do not comply with the requirements of this Act.
(2) every registered cooperative or an officer, employee or member of a co-operative society registered, or other person, who commits an offence under this section shall, on conviction, to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding four years or both, and, in the case of a continuing offence, a further fine of one hundred dollars for each day the offence continues after conviction.
How and when the proceedings taken 92. The Registrar General or any public officer authorized in writing by the Registrar General may, with the consent in writing of the Prosecutor, in any court, claiming any case in respect of any offence committed under this Act.
The Registrar General's power to compound offences 93. (1) the Registrar General may, in a case if it thinks fit and proper to do so, compound any offence committed by any person punishable under any provision of this Act, by making deals with laws of Malaysia Act 50274 writing to that person to compound the offence to pay to the Chief Registrar, within the time stated in the offer, any amount of money specified in the offer which shall not exceed fifty per cent of the amount of the maximum fine (including daily fines , if any, in the case of a continuing offence) that may be imposed on that person if he or she has been convicted.
(2) an offer under subsection (1) may be made at any time after the offence committed but before prosecution for him started, and if the amount specified in the offer is not paid within the time stated in the offer, or any extension of that time granted by the Registrar General, a prosecution for the offence may be commenced at any time after that to the person to whom an offer to compound is made.
(3) If an offence has been compounded under subsection (1), no prosecution shall be instituted subsequently in respect of the offence against a person to whom an offer to compound that has been made.
Part X Revocation, SAVINGS And TRANSITIONAL Definitions 94. In this section, "repealed laws law" means the law that was repealed under section 95.
Repeal and saving 95. (1) the following acts and Ordinances repealed: (a) the cooperative Act 1948 [Act 287];
(b) co-operative Societies Ordinance 1958 (Sabah) [Sabah Ord. No. 3 1958]; and (c) co-operative Societies Ordinance (Sarawak) [Sarawak Cap. 66].
Co-operative society 75 (2) the body corporate established under section 3A of the Cooperatives Act 1948 with the name "Chief Registrar of co-operative societies, Malaysia" shall continue to be in existence as a body corporate under this Act and shall be deemed to be bodies corporate established under section 3.
(3) subject to subsection (4), any register kept or maintained or any fund held and administered according to the law repealed laws shall be deemed to be part of the register or equivalent Fund under this Act.
(4) Notwithstanding subsection (3) —

(a) the Audit and supervision of the Fund established under the rules of the Cooperative of Sabah and Sarawak Cooperative methods should continue to be held and administered by the Registrar who is responsible for cooperatives registered in the State of Sabah or Sarawak, as the case may be, and shall be used for the purposes provided under Cooperative Ordinance 1958 (Sabah) [Sabah P.W.S. 3 1958] or co-operative Societies Ordinance (Sarawak) [Sarawak P.W.S. 1 1949] which repealed laws , as the case may be, except that no new contributions to the Fund can be levied; and (b) money deposited with a bank or co-operative society registered by the Registrar under the provisions of subsection 46 (3) co-operative Societies Ordinance 1958 (Sabah) or co-operative Societies Ordinance (Sarawak) which repealed laws, as the case may be, shall, within six months from the start date of the commencement of this Act, is transferred to the Account of the cooperative Pelikuidasian held by the Registrar General under subsection 75 (7).
(5) the Minister may make regulations to provide about how the Fund referred to in paragraph (4) (a) may be held and administered and, when the Fund dwindled, for its closure and for other matters connected therewith.
The position of registration and by-laws of the co-operative society registered under the repealed laws law 96. (1) a cooperative that immediately before this Act comes into force, registered or deemed to be registered under the provisions of the law repealed laws shall be deemed to have been duly registered under this Act.
Laws of Malaysia ACT 50276 (2) subject to subsection (3), a co-operative society registered or deemed to be registered under any written law repealed laws shall, not later than two years after this Act comes into force, amending the by-laws to make it consistent with the provisions of this Act.
(3) subsection (2) does not apply in respect of any by-laws made under any written law repealed laws under which individual people as well as cooperative registered, or under which different types of registered cooperatives, can be members of the cooperative or which provides that cooperatives are cooperatives with unlimited liability, if the by-laws in accordance with the provisions of the law repealed laws under which the by-law is made.
The cooperative 77 laws of MALAYSIA Act 502 co-operative Societies Act 1993 LIST AMENDMENT law short title force amend from Act A928 co-operative Societies Act (Amendment) 1995 10-11-1995 Act A963 co-operative Societies Act (Amendment) 1996 13-09-1996 Act A1128 co-operative Societies Act (Amendment), 2001 28-09-2001 laws of Malaysia ACT 50278 laws of MALAYSIA Act 502 co-operative Societies Act 1993 LIST SECTION AMENDED Section Power amend with effect from 3rd Act A928 10-11-1995 Act A963 13-09-1996 18A Act A928 10-11-1995 54 A963 Act 13-09-1996 57 A963 Act 13-09-1996
59 A928 Act 10-11-1995 71A-71C Act A928 10-11-1995 73 A928 Act 10-11-1995 74 A928 Act 10-11-1995 81 Act A928 10-11-1995 83 A1128 Act 28-09-2001 86 Act A928 10-11-1995 Act A963 13-09-1996 91 A928 Act 10-11-1995