ROS: Non-submission of annual returns tops non-compliance

0

KUCHING: Failure to submit annual returns to the Registrar of Societies (ROS) is the most common non-compliance of the law by registered associations.

This was disclosed by state ROS director Ken Leben though he did not quote figures.

“Under Section 14 (1) of Societies Act 1966 every registered society shall submit its annual returns within 60 days after the holding of its annual general meeting.

“Failing which the registrar may send notice under Section 14 (2) to order an association to furnish its annual returns within 30 days and if the society still fails to comply, the registrar can make a provisional order for the dissolution of the society,” he said.

However, he said, before the society was dissolved it would be given a grace period of 30 days to furnish its annual returns.

“The annual returns are a report prepared by the society which contains the society’s activities within a year. The report has to be given to all members of the society for discussion and approval at the annual general meeting.

“Every registered society shall submit the annual returns within 60 days after the holding of its annual general meeting or if no annual general meeting is held within 60 days after the end of each calendar year in accordance with Section 14 (1) of Societies Act 1966,” he explained.

Apart from failure to submit annual returns, he said other non-compliances could also lead to deregistration of a society or association.

“Nevertheless, the government in fact has always been reluctant to deregister any association. Thus some associations that have been deregistered are reinstated upon appealing and this has proven that the government is people mindful, people connected and people centric,” said Ken.

With this in view, he pointed out that ROS had embarked on numerous programmes to reach out to associations and societies “in dire need of knowledge of carrying out their activities and in conducting their affairs to ensure that they are in accord with, and conducive to the fulfilment of and adherence to, the provisions of the Federal Constitution.

“As such ROS is able to forge, build and cement a coherent relationship with associations, be they in towns or rural areas not only on a client-service provider relationship but as a truly smart partner in managing associations,” he said.

He added that to ensure it would remain relevant to the state, ROS has made various changes to its clients’ charter which include reducing processing time for registration of new associations and societies, excluding political parties, from three months to five working days.

“Similarly, for the amendment of societies’ constitutions, the processing period is within 23 days compared with three months before this,” he said.

He also said ROS had introduced an open-counter concept whereby a senior officer will man the front counter to meet the public (reverse staffing).

“Thirdly, ROS has empowered the state’s offices to process and decide all categories of application for registration except political parties which is being handled only by our head office in Putra Jaya.

“Fourthly, ROS emerges with a new philosophy ‘Reverence of Sharing’ which goes beyond the boundary of service-provider but sensing, touching, and feeling the pulse, heart and mind of the public. This is an ongoing programme whereby a selected society is adopted and under the charitable care of ROS,” he disclosed.

Besides that, he emphasised that ROS was moving towards online application which was now rolling in all states, in which the first phase covers registration of new societies whereas the second phase will accommodate the amendment of constitution, application under Section 9 (b), submission of annual returns, complaints and disputes, dissolution, deregistration and appeals that will be fully operational this year.

“In the case of Sarawak, the online application is compatible with the geographical challenges, thus fulfilling the future needs. Anyone can apply online anywhere, anytime to register his association without coming to our office.

“The above paradigms serve as a new vista in ROS and that is what I call ROS renaissance,” said Ken.