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  "title": "Charitable Funds (Regulation of Collections) Act, 1953",
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  "text": "Page 1 of 7 \r\n \r\n \r\n \r\n \r\n \r\nTHE CHARITABLE FUNDS (REGULATION OF COLLECTIONS) \r\nACT, 1953 \r\n \r\n \r\n \r\nCONTENTS \r\n1.  Short title, extent and commencement \r\n2.  Definitions \r\n3.  Regulation of private and charitable funds \r\n4.  Declarations of collections of private funds \r\n5.  Sanctioning of collection of charitable funds \r\n6.  Maintenance and audit of accounts \r\n7.  Misapplication of Funds \r\n8.  Application of Act VI of 1890 \r\n9.  Powers of sanctioning authority \r\n10.  Appellate authority \r\n11.  Revision \r\n12.  Penalty for contraventions \r\n13.  Offences cognizable, bailable and non-compoundable \r\n14.  Prosecution subject to sanction by District Magistrate \r\n15.  Jurisdiction of Magistrates \r\n16.  Application of other laws \r\n17.  Exemptions \r\n18.  Rules \r\n19.  Protection of persons acting under this Act \r\n\r\n \r\nPage 2 of 7 \r\n \r\nTHE CHARITABLE FUNDS (REGULATION OF COLLECTIONS) ACT, 1953 \r\n1ACT NO. XXXI OF 1953 \r\n[3rd November, 1953] \r\nAn Act to provide for the regulation, administration and accounting of collections of charitable \r\ndonations and for the prevention of frauds. \r\n WHEREAS it is expedient to provide for the regulation, administration and accounting of \r\ncollections of charitable donations and for the prevention of frauds ; \r\n It is hereby enacted as follows :___  \r\n 1. Short title, extent and commencement. ___ (1) This Act may be called the Charitable \r\nFunds (Regulation of Collection) Act, 1953. \r\n (2) It extends to the 2[Karachi Division]. \r\n (3) It shall come into force at once. \r\n 2. Definitions. ___In this Act, unless there is anything repugnant in the subject or the \r\ncontext,___  \r\n(a)  “collect” and “collection” with their grammatical variations and cognate \r\nexpressions mean and include appealing for, receiving, collecting and \r\nattempting to collect, whether directly or indirectly, any donations whether in \r\nmoney or in kind and whether form the public in a public manner or from \r\nparticular individuals or otherwise, for any fund to which this Act applies  ; but \r\ndo not include more advice by any person not himself engaged in making the \r\ncollection; \r\n(b)  “private fund” means a fund consisting of donations whether in money or in  \r\nkind given by way of charity for the benefit of an individual or a family or a \r\ngroup of persons related to each other or connected with each other for some \r\npurpose, when the aggregate of the donation collected or to be collected in any  \r\nyear exceeds or is  likely to exceed in value two hundred and fifty rupees but \r\nneither exceeds nor is likely to exceeds nor is likely to exceed five thousand  \r\nrupees ; \r\n(c)  “charitable fund” means any fund consisting of donations whether in money or \r\nin kind given by way of charity ___  \r\n \r\n \r\n1The Act has been applied to Baluchistan with effect on and from the 3rd day of November, 1953, see Gaz. of P., 1955, Pt. I, p. 28; and also extended to \r\nthe Leased Areas of Baluchistan, see the Leased Areas (Laws) Order 1950 (G.G.O. 3 of 1950). \r\nThe Act has been amended in its application to the Province of West Pakistan by W.P. Act II of 1967. \r\n2Subs. by A.O., 1964, Art. 2 and Sch. \r\n \r\nPage 3 of 7 \r\n \r\n(i)  for the benefit of an individual or a family or a group of persons related to \r\neach other or connected with each other for some purpose, when the aggregate \r\nof the donations collected or to be collected in any year exceeds or is likely to \r\nexceed in value five thousand rupees ; or \r\n(ii)  for the benefit of any institution, association, society or undertaking of which  \r\nthe sole or a principal object is the establishment or maintenance or benefit of \r\na mosque, dargah, orphanage, widow s’ home, educational institution or other \r\nsimilar establishment, or the relief of poverty, sickness or distress or any other \r\neducational, religious, benevolent or philanthropic purpose ; \r\n(d)  “promoter” fund of a means a person holding himself responsible for the due \r\ncollection, custody, administration and accounting of the donations which it is \r\nintended or proposed to make for a private or a charitable fund; \r\n(e)  “collector” of a fund means a person actually engaged in collecting donations \r\nfor a private or a charitable fund ; \r\n(f)  “recipient” of a fund means an individual, institution, association, society or \r\nundertaking for whose benefit a pr ivate or a charitable fund is or is to be \r\ncollected; \r\n(g)  “declaration” means a declaration duly made as prescribed by the promoter or \r\npromoters of a private or a charitable fund and in force under the rules made \r\nunder this Act, and stating:___  \r\n(i)  the names and addresses of the promoters of the fund ; \r\n(ii)  the value of the donations which it is intended to collect ; \r\n(iii)  the names and addresses of the collectors of the fund ; \r\n(iv)  the names and addresses of the recipients  of the fund : \r\n(v)  the objects and purpose for which the donations are to be utilized; \r\n(vi)  the names of the banks or the persons in whose custody the collections \r\nare to be kept ; \r\n1[(gg)  “Commissioner” means the Commissioner of the Karachi Division ;] \r\n(h)  “sanctioning authority ” means a person appointed by the \r\n1[Commissioner] to be a sanctioning authority for the purpose of this \r\nAct ; \r\n(i)  “prescribed” means prescribed by rules made under this Act. \r\n \r\n \r\n1Subs. by A.O., 1964, Art. 2 and sch. \r\n \r\n \r\nPage 4 of 7 \r\n \r\n 3. Regulation of private and charitable funds.___ (1) No person shall make any collection \r\nfor any private fund or any charitable fund except in accordance with the provisions of this Act.  \r\n (2) Nothing in this Act shall apply to any donation made directly to any individual or \r\nindividuals for the personal benefit of such individual or individuals. \r\n 4. Declarations of collections of private funds. ___ (1) No person shall make any collection \r\nfor any private fund unless___  \r\n(a)  before the commencement of the collection a declaration in respect of the  \r\nprivate fund has been duly made in the prescribed form and been duly \r\ndelivered by hand or by registered post, acknowledgement due, to the \r\nsanctioning authority, and  \r\n(b)  his name and address is duly shown as a promoter or collector of the fund in \r\nthe declaration. \r\n 5. Sanctioning of collection of charitable funds. ___ (1) No person shall make any collection \r\nfor any charitable fund unless before the commencement of the collection a declaration in resp ect of \r\nthe intended collection has been duly made and deli vered to the sanctioning authority, and the \r\nsanctioning authority has sanctioned the collection in writing.  \r\n (2) The sanctioning authority may refuse to sanction the collection if the object of the \r\ncollection appears to it to be immoral or contrary to pub lic policy, or if the authority is not satisfied \r\nwith regard to the bona fides  of the persons proposing to make the collection, or if the authority is \r\nnot satisfied with regard to the proper custody of the fund or the due administration of the fund for \r\nthe purpose for which it is to be collected. \r\n (3) The sanctioning authority may sanction the collection on such conditions as it may \r\nconsider it necessary to impose for ensuring the proper custody of the fund and its due administration \r\nand utilization for the objects and purposes of the fund. \r\n (4)  When the collection of any fund is intended to be for the benefit of an institution, \r\nassociation, society or undertaking, the sanctioning authority, if it considers it necessary, may \r\nsanction the collection on the c ondition that the institution, association, society or undertaking shall \r\nbe registered under the Societies Registration Act, 1860  (XXI of 1860) , either before the \r\ncommencement of the collection or within a specified period. \r\n (5) If the sanctioning authorit y sanctions the collection, it shall issue or cause to be issued \r\ncertificates, in the form and manner prescribed, to persons desirous of making the collection, \r\nauthorising them to make the collection ; provided that the sanctioning authority may refuse to issue \r\nor to cause to be issued any such certificate, and may cancel any certificate which has been issued, to \r\nany person, if the sanctioning authority is not satisfied with regard to the bona fides of the person.  \r\n (6) No person shall collect any donation for any charitable fund unless he is in possession of \r\na certificate duly issued to him and in force under sub -section (5) authorising him to make the \r\ncollection. \r\n \r\n \r\nPage 5 of 7 \r\n \r\n 6. Maintenance and audit of accounts. ___ (1) Every promoter, collector and recipient of \r\nevery fund or donation to which this Act applies shall maintain or cause to be maintained a true and \r\nproper account in the prescribed manner of the fund or donation collected. \r\n (2) The accounts of all charitable funds shall be audited and submitted to the sanc tioning \r\nauthority in the prescribed manner and at prescribed times or intervals. \r\n (3) The sanctioning authority may at any time for reasons to be stated in writing require by \r\norder any accounts of any charitable fund to be audited or re-audited by a specified auditor at the cost \r\nof any particular individual or individuals. \r\n (4) The sanctioning authority may at any time inspect or cause to be inspected any accounts \r\nmaintained under this section. \r\n (5) Any person who dishonestly or frequently tampers with, con ceals or destroys any records \r\npertaining to the collection of any fund to which this Act applies shall be deemed to have \r\ncontravened this Act and be punishable accordingly. \r\n 7. Misapplication of Funds. ___ (1) No part of any donations collected for any priv ate or \r\ncharitable fund shall be used for any purpose or object other than the purpose or object for which it \r\nwas collected, except under the order of a competent court, or in the case of a charitable fund, of the \r\nTreasurer of Charitable Endowments. \r\n (2) No charitable fund in the custody of any persons authorised to hold it shall be transferred \r\nto any other persons except with the permission in writing of the sanctioning authority or under the \r\norder of a court. \r\n (3) If any part of any donations collected for  any private or charitable fund is used to any \r\npurpose or object other than that for which it was collected, or is otherwise misapplied or \r\nmisappropriated in any manner, every person concerned with the collection or administration of the \r\nfund, whether as a  promoter, collector or a recipient, shall unless he proves that the misuse, \r\nmisapplication or misappropriation accurred without his knowledge and that he had used all due \r\ndiligence to prevent such misuse, misapplication or misappropriation, shall be deeme d to have acted \r\nin contravention of this section and be punishable accordingly. \r\n 8. Application of Act VI  of 1890. ___Notwithstanding anything contained in the Charitable \r\nEndowments Act, 1890, hereinafter referred to as “the said Act ” every fund which is a  charitable \r\nfund for the purposes of this Act shall be deemed to be a charitable endowment and the purpose of \r\nevery such fund shall be deemed to be a charitable purpose for the purposes of the said Act, and the \r\nsaid Act shall apply accordingly. \r\n 9. Powers of sanctioning authority.  ___The sanctioning authority may at any time for \r\nreasons appearing to it to be sufficient cancel or alter any order made or direction given by it under \r\nthis Act.  \r\n 10. Appellate authority.  ___(1) The 1[Commissioner] may appoint a person to be the \r\nappellate authority for the purposes of this Act, and when there is no person so appointed, the \r\n1[Commissioner] shall himself be the appellate authority. \r\n \r\n1Subs. by A.O., 1964, Art. 2 and Sch. \r\n \r\nPage 6 of 7 \r\n \r\n (2) Any person who is dissatisfied with any order passed or direction given or refusal to make \r\nany order or give any direction by the sanctioning authority, may within thirty days of the order, \r\ndirection or refusal, appeal against it to the appellate authority, and the appellate authority may \r\nthereupon make such order as it thinks fit in accordance with this Act.  \r\n 11. Revision. ___The 1[Commissioner]  and when the order sought to be revised is passed by \r\nthe 1[Commissioner] the 2[Provincial Government] may at any time revise any order made by the \r\nappellate authority or otherwise under this Act and pass such order in accordance with this Act as it \r\ndeems proper. \r\n 12. Penalty for contraventions.  ___Any person who acts in contravention of any of the \r\nprovisions of this Act or the rules made thereunder or of any order made, direction given or condition \r\nimposed under this Act shall be punished with imprisonment of either description for a term which \r\nmay extend to six months or with fine or with both. \r\n 13. Offences cognizable, bailable and non -compoundable. ___An offence punishable under \r\nthis Act shall be cognizable, bailable and non-compoundable. \r\n 14. Prosecution subject to sanction by District Magistrate.  ___No prosecution under this \r\nAct shall be commences except with the previous sanction of the District Magistrate.  \r\n 15. Jurisdiction of Magistrates.  ___No court inferior to that of a magistrate of the first class \r\nshall try an offence under this Act.  \r\n 16. Application of other laws.  ___Save as provided, the provisions of this Act shall be in \r\naddition to and not in derogation of any other law for the time being in force. \r\n 17. Exemptions.  ___The 1[Commissioner] may by a general or a special order exempt any \r\nfund or any person, institution, association, society or undertaking from all or any of the provisions \r\nof this Act, and the exemption may be made subject to such conditions as the 1[Commissioner] may \r\nthink proper. \r\n 18. Rules.___ (1) The 1[Commissioner] with the prior consent of the 2[Provincial Government] \r\nshall by notification in the official Gazette make rules to carry out the purposes of this Act.  \r\n (2) Without prejudice to the generality of the foregoing power, the rules may provide for___  \r\n(a)  the form and contents of declarations and the verification of statements made \r\ntherein; \r\n(b)  the periods for which d eclarations shall remain in force and the manner in \r\nwhich the periods may be extended or terminated; \r\n(c)  the form and manner in which receipts for donations may be given and the \r\nmaintenance of proper vouchers for the purposes of the accounts; \r\n \r\n1Subs. by A.O., 1964, Art. 2 and Sch. \r\n2Subs. ibid. \r\n \r\nPage 7 of 7 \r\n \r\n(d)  the maintenance of proper books of accounts and the auditing of the accounts;  \r\n(e)  the periodical submission of statements of accounts ; \r\n(f)  the supervision, inspection and examination of accounts ; \r\n(g)  the payment of charges for forms of declarations, certificates, etc. \r\n 19. Protection of persons acting under this Act.  ___No prosecution, suit or legal proceeding \r\nshall bi instituted against any person in respect of anything which is in good faith done or inte nded to \r\nbe done in pursuance of this Act.  \r\n \r\n________________ \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n  RI - Date: 14-05-2024",
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