THE VOLUNTARY SOCIAL
WELFARE AGENCIES (REGISTRATION AND CONTROL)
ORDINANCE, 1961
( XLVI of 1961)
[2nd
December, 1961]
An
Ordinance
to provide for the
registration and control of Voluntary Social Welfare Agencies
WHEREAS it is expedient to provide for
the registration and control of voluntary social welfare agencies, and for
matters ancillary thereto:
Now, THEREFORE, in pursuance of the
Proclamation of the seventh day of October, 1958, and in exercise of all powers
enabling him in that behalf, the President is pleased to make and promulgate
the following Ordinance: -`
1.
Short title,
extent and commencement.— (1) This Ordinance may be called the Voluntary
Social Welfare Agencies (Registration and Control) Ordinance, 1961.
(3)
It shall come into force on such date as the [2][Government],
may, by notification in the official Gazette, appoint in this behalf.
2.
Definitions.—
In this Ordinance, unless there is anything repugnant in the subject or
context, -
(a)
“Agency” means a voluntary social welfare agency, and
includes any branch of such agency;
(b)
“Governing body” means, the council, committee,
trustees, or other body, by whatever name called, to whom, by the constitution
of the agency, its executive functions and the management of its affairs are
entrusted;
[3][“(bb)
“Government” means Government of the Punjab;”.]
(c)
“Prescribed” means prescribed by rules made under
section 19;
(d)
“Register” means the register maintained under section
4, and “registered” shall mean registered under this Ordinance;
(e)
“Registration Authority” means[4]
an officer authorized by the [5][Government],
by the notification in the official Gazette, to exercise all or any of the
powers of the Registration Authority under this Ordinance.
(f)
“Voluntary Social Welfare Agency” means an
organization, association or undertaking established by persons of their own
free will for the purpose of rendering welfare services in any one or more of
the fields mentioned in the Schedule and depending for its resources on public
subscriptions, donations or Government aid.
3.
Prohibition
against establishing or continuing an agency without registration.— No
agency shall be established or continued except in accordance with the
provisions of this Ordinance.
4.
Application
for registration, etc.— Any person intending to establish an agency, and
any person intending that an agency already in existence should be continued as
such, shall in the prescribed form, and on payment of the prescribed fee, make
an application to the Registration Authority, accompanied by a copy of the
constitution of the agency, and such other documents as may be prescribed.
(2)
The Registration
Authority may, on receipt of the application, make such enquiries as it
considers necessary, and either grant the application, or, for reasons to be
recorded in writing, reject it.
(3)
If the Registration Authority grants the application,
it shall issue, in the prescribed form, a certificate of registration to the
applicant.
(4)
The Registration Authority shall maintain a register
containing such particulars as may be prescribed, of all certificates issued
under sub-section (3).
5.
Establishment
and continuance agency.— (1) An agency not in existence on the coming into
force of this Ordinance shall be established only after a certificate of
registration has been issued under subsection (3) of section-4.
(2)
An agency already in existence shall not be continued
for more than six months form the date on which this Ordinance comes into
force, unless an application for its registration has within thirty days of
such date, been made under sub-section (1) of section-4.
(3)
Where an application as aforesaid has been made in
respect of an existing agency, and such application is rejected, then,
notwithstanding the period of six months provided in subsection (2), the agency
may be continued for a period of thirty days form the date on which the
application is rejected, or if an appeal is preferred under section 6 until
such appeal is dismissed
6.
Appeal.— If
the Registration Authority rejects an application for registration, the
applicant may, within thirty days from the date of the order of the
Registration Authority, prefer an appeal to the [6][Government]
and the order passed by the [7][Government]
shall be final and given effect by the Registration Authority.
7.
Conditions
to be complied with the registered agencies.— Every registered agency
shall-
(1)
Maintain audited accounts in the manner laid down by
the Registration Authority.
(2)
At such time and in such manner as may be prescribed,
submit its annual Report and audited accounts to the Registration Authority and
publish same for general information.
(3)
Pay all moneys received by it into a separate account
kept in its name at such bank or banks as may be approved by the Registrations
Authority.
(4)
Furnish to the Registration Authority such particulars
with regard to accounts and other records as the Registration Authority may
form time to time require.
The
Registration Authority, or any officer duly authorized by it in this behalf,
may at all reasonable time, inspect the books of account and other records of
the agency, the securities, cash and other properties held by the agency, and
all documents relating thereto.
8.
Amendment of
the constitution of registered agency.— (1) No amendment of the
constitution of a registered agency shall be valid unless it has been approved
by the Registration Authority, for which purpose a copy of the amendment shall
be forwarded to the Registration Authority.
(2)
If the Registration Authority is satisfied that any
amendment of the constitution is not contrary to any of the provision of this
Ordinance or the rules made there under, it may, if it think fit, approve the
amendment.
(3)
Where the Registration Authority approves an amendment
of the constitution, it shall issue to the agency a copy of the amendment
certified by it, which shall be conclusive evidence that the same is duly
approved.
9.
Suspension
or dissolution of governing bodies of registered agencies.— (1) If, after
making such enquires as it may think fit, the Registration Authority is
satisfied that a registered agency has been responsible for any irregularity in
respect of its funds for any maladministration in the conduct of its affairs or
has failed to comply with the provisions of this Ordinance or the rules made
there-under, it may, by order in writing, suspend the governing body.
(2)
Where a governing body is suspended under sub-section
(1), the Registration Authority shall appoint an administrator, or a caretaker
body consisting of not more than five persons, who shall have all the authority
and powers of the governing body under the constitution of the agency.
(3)
Every order of suspension under sub section (1) shall
be placed by the Registration
Authority before a Board, consisting of not more than five
persons, constituted by the [8][Government]
for the purpose, which shall have the power to make such order as to the
reinstatement, or the dissolution and reconstitution, of the governing body, as
it may think fit.
(4)
The governing body against whom an order of dissolution
and reconstitution is made under sub section (3) may appeal to the [9][Government]
within thirty days from the date of such order, and the decision of the [10][Government]
shall be final and shall not be called in question in any court.
10.
Dissolution
of registered agency.— (1) If at any time the Registration Authority has
reason to believe that at a registered agency is acting in contravention of its
constitution, or contrary to any of the provisions of this Ordinance or the
rules made there under, or in a manner prejudicial to the interests of the
public, it may, after giving such opportunity to the agency being of heard as
it thinks fit, make a report thereon to the [11][
Government ].
(2)
The [12][Government],
if satisfied after considering the report that it is necessary or proper to do
so, may order that the agency shall stand dissolved on and from such date as
may be specified in the order.
11.
Voluntary
dissolution of registered agency.— (1) No registered agency shall be
dissolved by the governing body or members thereof.
(2)
If it is proposed to dissolve any registered agency,
not less than three fifths of its members may apply to the [13][Government]
in such manner as may be prescribed, for making order for the dissolution of
such agency.
(3)
The [14][Government],
if satisfied after considering the application that it is proper to do so, may
order that the agency shall stand dissolved on and from such date as may be
specified in the order.
12.
Consequences
of dissolution.— (1) Where any agency is dissolved under this Ordinance,
its registration thereunder shall stand cancelled on and from the date the
order of dissolution takes effect, and the [15][
Government] may.
(a)
Order any bank or other person who holds moneys,
securities or other assets on behalf of the agency not to part with such
moneys, securities and assets without the previous permission in writing of the
[16][
Government ].
(b)
Appoint a competent person to wind up the affairs of
the agency, with power to institute and defend suits and other legal
proceedings on behalf of the agency, and to make such orders and take such
action as may appear to him to be necessary for purpose.
(c)
Order any moneys, securities and assets remaining after
the satisfaction of all debts and liabilities of the agency to be paid of
transferred to such other agency having objects similar to the objects of the
agency, as may be specified in the order.
(2)
Order made by the person appointed under clause (b) of
sub section (1) shall, on application, by enforceable by any Civil Court having
local jurisdiction in the same manner as a decree of such Court
13.
Inspection
of documents, etc.— Any person may, on payment of the prescribed fee,
inspect at the office of the Registration Authority any document relating to a
registered agency, or obtain a copy of or an extract from any such document.
14.
Penalties
and procedure.— (1) Any person who.
(a)
Contravenes any of the provisions of this Ordinance, or
any rule or order made there-under; or
(b)
In any application for registration under this
Ordinance, or in any report or statement submitted to the Registration
Authority or published for general information thereunder, makes any false
statement or false representation;
shall be punishable with imprisonment for a term which may
extend to six months, or with fine which may extend to two thousand rupees, or
with both.
(2)
Where the person committing an offence under this
Ordinance is a company, or other body corporate, or an association of persons,
every director, manager, secretary and other officer there of shall, unless he
proves that the offence was committed without his knowledge or consent, be
deemed to be guilty of such offence.
(3)
No Court shall take cognizance of an offence under this
Ordinance except upon complaint in writing made by the Registration Authority,
or by an officer authorized by it in this behalf.
15.
Indemnity.— No
suit, prosecution or other legal proceeding shall lie against any person for
anything which is in good faith done or intended to be done under this
Ordinance.
16.
Power to
amend schedule.— The [17][Government]
may, by notification in the official Gazette, amend the Schedule so as to
include therein or exclude there-from any field of social welfare service
17.
Power to
exempt.— The [18][Government]
may, by notification in the official Gazette, exempt any agency or class of
agencies from the operation of all or any of the provisions of this Ordinance.
18.
Delegation
of powers.— The [19][Government]
may, by notification in the official Gazette, delegate all or any of its powers
under this Ordinance, either generally, or in respect of such agency or class
of agencies as may be specified in the notification, to any of its officers, or
to [20][
Government ].
19.
Rules.— The
[21][Government]
may, by notification in the official Gazette, make rules for carrying into
effect the provisions of this Ordinance.
THE SCHEDULE [ See Section 2(f )]
(i)
Child welfare
(ii)
Youth welfare
(iii)
Women’s welfare
(iv)
Welfare of the physically and mentally handicapped
(v)
Family planning
(vi)
Recreational programmes intended to keep people away
form anti social activities. (vii)Social education, that is, education of
adults aimed at developing sense of civic responsibility.
(viii)
Welfare and rehabilitation of released prisoners.
(ix)
Welfare of juvenile delinquents.
(x)
Welfare of the socially handicapped.
(xi)
Welfare of the beggars and destitutes.
(xii)Welfare and rehabilitation of
patients.
(xiii)
Welfare of the aged and infirm.
(xiv)
Training in social work.
(xv)Co-ordination of social welfare
agencies
[1] Substituted by the
Voluntary Social Welfare Agencies (Registration and Control) (Amendment) Act
2012 (Act XIX of 2012).
[2] Substituted by the
Voluntary Social Welfare Agencies (Registration and Control) (Amendment) Act
2012 (Act XIX of 2012).
[3]
Ibid.
[4] The Original word
“Director of Social Welfare, Government of Pakistan and includes” omitted ibid
[5] Substituted by the
Voluntary Social Welfare Agencies (Registration and Control) (Amendment) Act
2012 (Act XIX of 2012).
[6] ibid
[7] ibid
[8] ibid
[9] ibid
[10] ibid
[11] ibid
[12] ibid
[13] ibid
[14] ibid
[15] ibid
[16] ibid
[17] ibid
[18] ibid
[19] ibid
[20] ibid
[21] ibid
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