Friday, 9 January 2015

Voluntary Social Welfare Agencies (Registration And Control) Rules 1962

Voluntary Social Welfare Agencies (Registration And Control) Rules 1962

[Gezette of Pakistan, Part 1, dated 6th April 1962]

S. R. O. 356(K)/62.—In exercise of the powers conferred by section 19' of the Voluntary Social Welfare Agencies (Registration and Control) Ordi­nance, 1961 (XLVI of 1961), the Central Government is pleased to make the' following rules, namely :


1. Short title and commencement.—(1)These rules may be called the . Voluntary Social Welfare Agencies (Registration and Control) Rules, 1962.

(2) They shall come into force at once.

2. Definitions.--In these rules, unless there is any thing repugnant in° the subject or context,

(a) "Financial year" has the same meaning as assigned to in the General Clauses Act, 1897 (X of 1897) ;

(b) "Form" means a form in Schedule II ;

(c) "Ordinance" means the Voluntary Social Welfare Agencies (Registration and Control) Ordinance, 1961 (XLVI of 1961) ;

(d) "Schedule" means a schedule appended to these rules ;

(e) "Section" means section of the Ordinance.

3. Constitution of an agency.—Theconstitution of an agency shall not be repugnant to any of the provisions of the Ordinance or these rules and shall, inter alia,make provision for the matters specified in Schedule I

Provided that the Registration Authority may, for sufficient reason, approve the constitution of an agency which does not make provision for any of the matters aforesaid.

4. Application for registration.—(1) An application for the registration of an agency existing immediately before the coming into force of the Ordinance shall be in Form "A" and an application for the registration of an agency established thereafter shall be in Form "B".

(2) In either case, an application for registration shall be accompanied by

(i) a copy of treasury challan for Rs. 25'00 paid in the Head of account XLVI—Miscellaneous—Other Fees, Fines and for forfeitures"

(ii) a copy of the constitution of the agency ; and

(iii) in the case of an application in Form "A" by the other documents mentioned in that Form.

5. Enquiry prior to registration.—Theenquiries to be made by the Registration Authority under section 4 may include enquiries in respect of the necessity and feasibility of theprogrammes of the agency, its financial status, state of affairs and standard of service.

6. Certificate of registration.—certificate of registration issued under section 4 shall be in Form "C".

7. Date on which the agency starts. functioning.—An agency established after the coming into-force of the Ordinance shall start functioning within three months of the date on which the certificate of registration is issued to it and shall inform the Registration Authority of its having done so within fifteen days thereof.

8. Register to be maintained by the Registration Authority.—The register to be maintained by the Registration Authority under subsection (3) of section. 4 shall be in Form "D".

9. Maintenance of accounts and registers.—(1) The following books of account and other records shall be maintained by an agency,namely :

(a) a cash book in which shall be entered in a chronological order every amount paid or received by or on behalf of the agency and all payments shall be supported by necessary vouchers which shall be preserved ;

(b) a ledger which shall contain all personal and impersonal accounts ;

(c) an income and expenditure account which shall be compiled at the close of each financial year and shall be audited by a Chartered Accountant or auditor or auditors approved by the Registration Authority and shall be submitted to the said Authority within sixmonths of the close of the financial year ;

(d) a members' book which shall contain the names and addresses of the members ;

(e) a minutes book which shall contain recordof the minutes of the meetings of the agency ;

(f) an inspection book in which shall be recorded the views of the persons authorized to inspect the agency ;

(g) such other books as the Registration Authority may by order in writing require.

(2) Every employee of an agency responsible for the custody or handling of cash or stores shall be required to furnish a security in the form of Fidelity Bond from an insurance company of reasonable financial standing for such amount as the agency may determine and a copy of such Bond shall be furnished to the Registration Authority.

10. Annual Report.—(1) An agency shall at the close of each financial year publish an Annual Report containing, inter alla, the following details, namely:---

(a) general management of the agency ;

(b). details of the nature and extent of services rendered during the year, if possible supported by figures ;

(c) programme for the next year; and

(d) audited accounts.

(2) A copy of the Annual Report shall be submitted to the Registration Authority immediately on its publication.

11. Change of the address of the agency.--Any change in the address of an agency shall be communicated to the Registration Authority within seven days thereof.

12. Voluntary dissolution of agency.—Anapplication for the dis­solution of an agency under section 11 shall be in Form"E" and shall bear the signatures of all the members who are parties to the application.

13. Fee for inspection of documents, etc.—The fee for inspecting any documents relating to a registered agency at the office of the Registration Authority shall be two rupees and fifty paisa per document and the fee for obtaining a copy of or extract from any such document shall be fifty paisa for every hundred words or part thereof.

[No. F. 18-4/60-SW. II (1).]

SCHEDULE I

(See rule 3)

Elements of the constitution of the Agency

1. Name of the agency.

2. Area of operation.

(It should be indicated whether the agency is meant for the neighbour-hood, or of city wide, or provincial or national character).

3. Address of the principal office of the agency.

4. Aims and objects of the agency.

5. Membership

(a) Eligibility for membership

(b) Categories of membership with conditions and fees thereof, if any:

(c) Procedure for admission of members :

(d) Rights and privileges of various categories of membership :

(e) Procedure of suspension or cancellation of membership on reasonable grounds, such as

(i) non-payment of subscription

(ii) absence from meetings ;

(iii) conduct being detrimental to the interest of the agency

(f) Procedure for restoration of suspended or cancelled membership o re-admission :

6. Branches : (Applicable to only those agencies which have branches)

(a) Rights and privileges of Branch

(b) Obligations on the part of the Branch

(c) Method of suspension or withdrawal of recognition of Branch :

7. Organizational structure

(a) Names of the different `Bodies' formed from amongst the members of the agency to run the affairs of the agency properly :

(b) Composition, powers and functions of the General Body, Governing Body and any other `Body':

(c) Office-Bearers :

(i) The designation of all the office-bearers

(ii) The method of their election, selection or nomination

(iii) Their terms of office :

(iv) Their powers and functions, specifically for each office :

8. Meetings :

(a) Procedure for calling different types of meetings

(b) Notice period for meetings :

(c) Quorum for the different types of meetings.

9. Financial Administration :

Procedure for withdrawal of money from bank Procedure for appointment of the auditor of the agency.

10. Amendment of the constitution

Procedure to be adopted for making recommendation to the Regis­tration Authority regarding any amendment of the constitution 01the agency.

SCHEDULE II

FORM A

(See rule 4)

Application for Registration of Agencies existing before the coming into force of Ordinance No. XL VI of 1961.

To
The Registration Authority,
Voluntary Social Welfare, Agencies,
Directorate of Social Welfare,
Government of Pakistan,
Karachi.
Dear Sir,

I, the undersigned have been operatingthe_____________the particulars
of which are given below :

(Name of the agency)

1. Name of the Agency_____________________

2. Address_________________________

3. Date of Establishment_____________

4. Date, place and No. of registration under any other law___________

5. Aims and objects of Agency

(To be stated with reference to the field of services mentioned in the Schedule to the Ordinance).

6. Area of operation (whether neighbourhood, city, Province or Pakistan)________

7. Names, occupations and addresses of the office-bearers of the agency :

Name                           office held                    Occupation                   Address (1)
(1)
(2)
(3)
(5)
(6)
(7)

8. Name or names of the Bank or Banks in which funds of the agency are kept

(a) Total number of members of the agency on the date of the last general meeting

(b) Number of members who attended the last general meeting.

10. Brief statement giving the following information is attached

(a) Accommodation for the services being rendered.

(b) List of qualified personnel working in the agency with names and qualifications, if any.

(c) Income and expenditure for last three yearsor since the establishment of the agency, whichever is less.

It is requested that the aforesaid agency may be registered under the Voluntary Social Welfare Agencies (Registration and Control) Ordinance, 1961.

I undertake to inform you of any change in the office-bearers of the agency within thirty days thereof.

The following documents are attached

(i) Treasury challan for Rs. 25.00.

(ii) A copy of the constitution of the agency.

(iii) A copy of the minutes of the last general meeting of the members of the agency.

(iv) Annual Reports for the last three years or since the establishment of the agency, whichever is less, or a statement of activities undertaken during the said period certified by a Gazettedofficer residing within the area of operation of the agency or Chairman of the Union Council/ Committee.

I certify that the statements above are correct.

(Any office-bearer authorised by the agency in this behalf may sign hereunder.)

Yoursfaithfully,
Dated                                                              Signature
Name
Designation

Form B

(See rule 4)

Application for Registration of Agencies established after the coming into force of Ordinance No. XL VI of 1961.

To

The Registration Authority,
Voluntary Social Welfare Agencies,
Directorate of Social Welfare,
Government of Pakistan,
Karachi.

Dear Sir,

We, the undersigned propose to establish any agency in accordance with the provisions of the Voluntary Social Welfare Agencies (Registration and Control) Ordinance, 1961 (XLV1 of 1961). The particulars of the pro-posed agency are given below :

1. Name of the agency.

2. Address.

3. Aims and objects of the Agency

(To be stated with reference to the fields of services mentioned in the Schedule to the Ordinance).

4. Area of operation—(whether neighbourhood, city, Province or Pakistan).

5. Plan of Operation.

(Please attach a separate sheet giving a brief statement of the steps to be taken for the establishment of the agency, with reference to accommo­dation, qualified personnel and equipment„ if necessary).

6. How proposed to be financed.

7. Names, occupations and addresses of the founder members.

Name                          Occupation                                           Address
(1)

(2)

(3)

(4)
           
            (5)

(6)

(7)

(8)

(9)

(10)

8. Name or names of the bank or banks in which funds of the agency are proposed to be kept.

It is requested that the agency may be registered under the aforesaid Ordinance. We undertake to inform you of any change in the office-bearers of the agency within thirty days thereof.

Treasury challan for Rs. 25.00 and a copy of the constitution of the agency are attached.

We certify that the information given above is correct.

(All the founder members should sign hereunder).

Yours faithfully,

Signature of witnesses
(with names and addresses)
(1)                                                                               (1)
(2)                                                                               (2)
                                                                                   (3)
                                                                                   (4)




FORM C

(See rule 6)

Registration No.______________ of 19___________________________________
I hereby certify that__________has this day been registered under the Voluntary Social Welfare Agencies (Registration and Control) Ordinance, 1961 (XLVI of 1961).

Given under my hand and seal at______________ this ____________dayof_________One thousand nine hundred and_________

Registration Authority.

NOTE.—Loss of this certificate must be reported to the Registration Authority within seven days.

FORM D

(See rule 8)

Form of the Register

Date of entry
Home and address of agency
Registration No
Date of Registration
Date of establishment
1
2
3
4
5

Aims and objects of the agency
Area of operation
Name
Occupation
Address
6
7
8
9
10


Details of the office bearers
Bank(s) in which funds kept
REMARKS
Name
Designation
Address







FORM E

(See Rule 12)



Application for the Voluntary Dissolution of anAgency .

Ref.—Registration No. -------of--------------

To

The Secretary to the Government ofPakistan,
Ministry of Health, Labour and Social Welfare,
Karachi.

Dear Sir,

It was decided in the general meeting of__________________
Name of
___________________held on                    at
the agency

that application be made to the Central Government for the dissolution of the Agency under section 11 of the Voluntary Social Welfare Agencies (Registration and Control) Ordinance, 1961 (XLVI of 1961), on the following grounds, namely :

(Here state the grounds in brief)

It is, therefore, requested that orders may be passed for the dissolution of the said Agency.

The total membership of the agency on the date on which the meeting was held was and the total attendance at the meeting was___________________
(state number)

______________and the number of persons voting for the dissolution
(state number)

of the agency was___________________

(state number)

We certify that the information given above is correct. An attested copy of the resolution of the aforesaid meeting is also attached.

(All the members who attended the aforesaid meeting and voted for the dissolution of the agency should sign hereunder).

Your Faithfully,

Name of the member                           Address                                   Signature (1)

(1)

(2)

(3)



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