Does Section 49 of the Societies Act apply to political parties?

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Section 49 of the Societies Act Does Not Apply to Political Parties

Section 49 of the Societies Act 1966 explicitly excludes situations where the society being deregistered is a political party. This means that individuals associated with a deregistered political party are not subject to the restrictions outlined in Section 49, which typically bars individuals from holding office in other registered organisations for a period of five years without the Registrar of Societies' (RoS) written permission.
Deregistration of a Society and Its Implications

The RoS can cancel the registration of a society under Section 13(1)(c)(iv) of the Societies Act if it is satisfied that the society has breached the Act's provisions or regulations, or if its members have habitually breached the Sedition Act by making remarks related to matters under Part III of the Federal Constitution or Articles 152, 153, or 181. In the case of Amira Aisya Abd Aziz, her previous involvement with Persatuan Ekonomi Merdeka, which had its registration cancelled on October 28, 2022, led to her being blacklisted.
The Scope of Section 49

Under Section 49, an office-bearer at the time of a society's deregistration under Section 13(1)(c)(iv) becomes subject to a restriction. This restriction prevents them from becoming or continuing as an office-bearer in any other society for five years from the date of deregistration, unless they obtain written permission from the RoS. This provision is a key legal mechanism for the RoS to maintain oversight of registered organisations.
Exclusion for Political Parties

Crucially, Section 49 contains a specific exclusion clause: it does not apply to situations where the society whose registration is cancelled is a political party. This distinction indicates that the law differentiates between general societies and political organisations regarding the consequences of deregistration for their office-bearers.
Legal Challenge to Blacklisting

Amira Aisya had initiated legal proceedings via a judicial review application to challenge the RoS's blacklist, arguing that the RoS lacked the power to impose such a ban indefinitely and that it infringed upon her constitutional right to form associations. Her legal challenge sought to quash the decision and obtain a declaration that the RoS had exceeded its authority.

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Does Section 49 of the Societies Act apply to political parties?

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