{ "schema_version": "qanun-law-text/1", "id": "pk-code-7da55496f000dae6", "title": "Islamabad Capital Territory Charities Registration, regulation and Facilitation Act, 2021", "source_collection": "Federal", "content_kind": "stored_law_text", "content_extent": null, "source_url": "https://pakistancode.gov.pk/alpha/UY2FqaJw1-apaUY2Fqa-apaUY2Npa5ho-sg-jjjjjjjjjjjjj", "version": null, "source_snapshot": null, "legal_status": "not independently verified", "text_quality": "Complete stored UTF-8 TXT file recovered byte-for-byte from owned Drive. Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.", "text_sha256": "f3d12e5bac5e8c21bba681fb9e3bc8fe1890d072ea92ad513fd05be9dcb43b37", "source_sha256": "f3d12e5bac5e8c21bba681fb9e3bc8fe1890d072ea92ad513fd05be9dcb43b37", "text_version_id": "law:pk-code-7da55496f000dae6:sha256:f3d12e5bac5e8c21bba681fb9e3bc8fe1890d072ea92ad513fd05be9dcb43b37", "quality_flags": [], "encoding": "UTF-8", "text": "Page 1 of 16 \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\nTHE ISLAMABAD CAPITAL TERRITORY CHARITIES REGISTRATION, \r\nREGULATION AND FACILITATION ACT, 2021 \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n CONTENTS \r\n ___________ \r\n \r\n1. Short title, extent and commencement \r\n2. Definitions \r\n3. Charities registration authority \r\n4. Functions of the registration authority \r\n5. Registration of a charity, conditions and procedure of registration \r\n6. Validity period of registration certificate \r\n7. Charter of a charity \r\n8. Amendments in the charter of a registered charity \r\n9. Conditions to be complied with by registered charity \r\n10. Suspension or dissolution of executive bodies of registered charities \r\n11. De-registration of registered charity \r\n12. Voluntary dissolution of registered charity \r\n13. Consequences of de-registration and voluntary dissolution \r\n14. Rights of registered charity \r\n15. Register of charities \r\n16. Appellate authority \r\n17. Financial irregularity \r\n18. Fund raising and public solicitation \r\n19. Opportunity of hearing \r\n20. Penalties and procedure \r\n \r\n\r\n \r\nPage 2 of 16 \r\n \r\n21. Indemnity \r\n22. Power to amend the Schedules \r\n23. Delegation of powers \r\n24. Power to make rules \r\n25. Power to make regulations \r\n26. Removal of difficulties \r\n27. Repeal \r\nTHE SCHEDULE-I \r\nSCHEDULE-II \r\n \r\n \r\nPage 3 of 16 \r\n \r\nTHE ISLAMABAD CAPITAL TERRITORY CHARITIES REGISTRATION, \r\nREGULATION AND FACILITATION ACT, 2021 \r\n \r\nACT NO. XXV of 2021 \r\n[1st December, 2021] \r\nAN \r\n \r\nACT \r\n \r\nAn Act to regulate the registration, regulation and facilitation of charities in the Islamabad \r\nCapital Territory \r\n \r\n \r\nWHEREAS it is expedient to regulate the registration, regulation and facilitation of charities \r\nin the Islamabad Capital Territory and for matters connected therewith and ancillary thereto; \r\n \r\nIt is hereby enacted as follows: — \r\n \r\n1. Short title, extent and commencement. —(1) This Act shall be called the Islamabad Capital \r\nTerritory Charities Registration, Regulation and Facilitation Act, 2021. \r\n \r\n(2) It shall extend to territories of the Islamabad Capital. \r\n \r\n(3) It shall come into force at once. \r\n \r\n \r\n2. Definitions.—In this Act, unless there is anything repugnant in the subject or context,― \r\n \r\n(a) “appellate authority” means the appellate authority appointed or designated \r\nunder this Act to hear and decide appeals preferred against decision of the \r\nregistration authority; \r\n \r\n(b) “charity” means a society, an agency, a non -governmental organization, non-\r\nprofit organization, a trust, Madrasa, a religious seminary or any other \r\norganization by any other name that is a non -profit, voluntary association of \r\npersons, natural or juristic, not controlled by any government and set up for one \r\nor more public benefit or purposes mentioned in the Schedule and includes \r\nlocal branches of foreign non -profit organizations but excludes such foreign \r\norganizations operating in Pakistan to whose charter, Pakistan is a signatory \r\nor where a pr otocol exists between the Government of Pakistan and an \r\norganization and depending for its resources on public subscription, donations \r\nor government grants; \r\n \r\n(c) “charter” means a description in writing of the purposes, aims, objectives and \r\nthe mode of functioning of a charity; \r\n \r\n(d) “donation” includes cash, kind, land, building, animal, animal hides or anything \r\nof monetary value; \r\n \r\n \r\nPage 4 of 16 \r\n \r\n(e) “financial irregularity” means but not limited to a fraud, an array of \r\nirregularities which include illegal acts, co ncealment of facts, deliberate \r\nconcealment of information related to financial issues concerning the \r\nrespective charity or its funding sources as mentioned in its reports or \r\ndocuments and include any embezzlement, internal thefts, payoffs, kickbacks, \r\nskimming of funds and spending of funds for non-intending purposes; and \r\n \r\n(f) “fund” means money, valuables, land or any contribution having monetary \r\nvalue solicited for funding the project or any activity of a charity or \r\norganization; \r\n \r\n(g) “governing body” or “executive body” means the council, committee, trustees \r\nor other body, by whatever name called, to whom by the constitution of the \r\ncharity its executive functions and the management of its affairs are entrusted; \r\n \r\n(h) “government funds” means any grant in cash or in kind or land allotted on \r\nconcessional rates by any government in Pakistan and also includes any funds \r\nsaved or gained from tax concessions or reduced utility tariffs specific to the \r\ncharity; \r\n \r\n(i) “register” means the register maintained under this Act; \r\n \r\n(j) “registered” means registered under this Act; \r\n \r\n(k) “registration authority” means the registration and facilitation authority \r\nestablished under this Act for exercising its powers and performing its \r\nfunctions conferred or assigned under this Act; \r\n \r\n(l) “regulations” means regulations made under this Act; \r\n \r\n (m) “rules” means rules made under this Act; \r\n \r\n(n) “person” means both natural and legal person; \r\n \r\n(o) “prescribed” means prescribed by rules and regulations made under this \r\nAct; \r\n \r\n(p) “Schedule” means the Schedule to this Act; \r\n \r\n \r\n3. Charities registration authority. —There shall be established a body to be known as \r\ncharities registration authority which shall appropriately be manned and headed by a director to be \r\nappointed or designated in prescribed manner for performance of such functions and exercise of such \r\npowers as are conferred or assigned under this Act and the rules and regulations made thereunder. \r\n \r\n4. Functions of the registration authority.— The registration authority shall perform the \r\nfollowing functions, namely:— \r\n \r\n \r\nPage 5 of 16 \r\n \r\n(a) register, regulate, monitor and control charities and perform such other \r\nfunctions as entrusted under this Act and as are assigned to it in the prescribed \r\nmanner; \r\n \r\n(b) promoting philanthropic, public welfare and charitable activities which are in \r\naccordance with law and international obligations aimed at ensuring safer \r\ncharities and donations; \r\n \r\n(c) ensure purposeful use of resources coming to chariti es through effective \r\nregulations, methods of administration and by supporting the charities, their \r\ngoverning bodies and staff by providing them training, information or any \r\nother technical and professional advice and information on any matter that \r\ncould enhance their effectiveness as well as avert any potential threat of misuse \r\nof registered charities; \r\n \r\n(d) devise and issue minimum standards to be adopted by each charity to protect \r\nthe general public interest and that of the beneficiaries of the char ities \r\nregistered under this Act; \r\n \r\n (e) prepare and provide help and guidance, material and other policy documents \r\nfor general awareness and adoption by charities; \r\n \r\n(f) prepare and present its quarterly report before the appellant authority; and \r\n \r\n (g) place all the appeals filed against the decisions of the registration authority \r\nbefore the appellant authority within thirty days of the receipt of any such \r\nappeal. \r\n \r\n(2) All the charities registered under this Act shall follow any specific guidelines issued by \r\nthe registration authority in prescribed manner with regard to any matter related to the charity in a \r\ncase specific to a charity, a group of charities or the whole charity sector. \r\n \r\n5. Registration of a charity, conditions and procedure of registration.—(1) Registration \r\nfor the purposes of establishment of a charity shall be mandatory. \r\n \r\n(2) All the charities working for welfare or charitable purposes and already registered \r\nunder any of the laws, other than the laws m entioned in sub -section (3) and rendering services in \r\nany or multiple activities mentioned in the Schedule , shall have to seek fresh registration in \r\naccordance with the provisions of this Act and on the production of such documents as deemed and \r\nrequired by the registration authority. \r\n \r\n(3) The registration of a charity for charitable and welfare purposes under any other law shall \r\ncease to be performed, whereas organizations registered and regulated under section 42 of the \r\nCompanies Act, 2017 (XIX of 2017) shall continue to be registered and regulated in the manner \r\nprescribed thereunder. \r\n \r\n(4) Any person or group of persons intending to establish a charity and any person intending \r\nthat an agency etc. already in existence shall continue a s such in the prescrib ed form, shall on \r\npayment of the prescribed fee, make an application to the registration authority, accompanied \r\nby a copy of the constitution of the agency and such other documents as may be prescribed. \r\n \r\n \r\nPage 6 of 16 \r\n \r\n(5) No charity shall be registered by a name that in the opinion of the registration authority \r\nis designed to ethnically exploit or offend any class of people. \r\n \r\n (6) No charity shall, except for reasons to be recorded in writing by the registration \r\nauthority, be registered by a name that contains any words indicating― \r\n \r\n(a) any connections with the Federal Government or a provincial government \r\nor district government or any authority or corporation of such government or \r\nthat of armed forces, judiciary, Senate, National Asse mbly or a Provincial \r\nAssembly; \r\n \r\n(b) any linkage or renaming of proscribed organization or having linkage with a \r\nproscribed individual; or \r\n \r\n(c) the patronage of, or any connection with, any foreign government or any \r\ninternational government or multi lateral organization. \r\n \r\n(7) A charity which, through inadvertence or otherwise, is registered by a name in \r\ncontravention of the provisions of sub-section (5) or sub-section (6) shall— \r\n \r\n(a) with approval of the registration authority, change its name; and \r\n \r\n(b) if the registration authority so directs, within thirty days of the receipt of such \r\ndirection, change its name with the approval of the registration authority. \r\n \r\n(8) Any person or charity affected by the decision of the registration authority under sub -\r\nsection (5), (6) or (7) may prefer an appeal to the appellate authority within sixty days of receipt of \r\nsuch decision and the decision thereon of the appellant authority shall be final. \r\n \r\n(9) The registration authority shall, within ninety days from the receipt of the application for \r\nregistration, issue a certificate of registration or intimate to the charity or organization applying for \r\nregistration of the deficiencies in the application for registration submitted by it on account of which \r\nthe charity or organizat ion cannot be registered or provide written reasons for rejection of the \r\napplication. \r\n \r\n(10) Where intimation of flaw in its application is provided to a charity or an organization \r\nthat has applied for registration, it shall within thirty days redress the deficiencies and resubmit \r\nits application, without the payment of fresh registration fee. \r\n \r\n(11) Where the specified time of thirty days elapsed as per sub-section (10), fresh application \r\nalongwith prescribed fee for registration shall have to be submitted by the intending charity or \r\norganization. \r\n \r\n(12) If the registration authority has not intimated a charity or an organization about the flaw \r\nin its application and intimation about the rejection of the application along with reasons having been \r\nrecorded in writing within ninety days, the application shall be deemed to have been accepted and a \r\ncertificate of registration shall be issued to the charity or organization. \r\n \r\n \r\nPage 7 of 16 \r\n \r\n(13) In the event of rejection of the application for registration, an appeal may be preferred \r\nto the appellant authority within thirty days of the receipt of the orders of rejection and the appellant \r\nauthority shall decide the appeal within sixty days and the decision of which shall be final. \r\n \r\n(14) The registration authority may, by notification in the official Gazette, specify in the \r\nprescribed manner the registration fee payable. \r\n \r\n6. Validity period of registration certificate.— 1[(1) A certificate of registration issued by \r\nthe registration authority shall be valid for two years from the date of issuance which shall be \r\nrenewable after every two years on submission of annual progress reports, audited accounts, \r\napplication form, fee and such other documents as may be prescribed.] \r\n \r\n(2) Application for renewal of certificate shall have to be submitted to the registration \r\nauthority thirty days in advance of completion of 1[preceding two years] of registration of the charity \r\nconcerned. \r\n \r\n(3) Conditions specified in section 5 shall also be applicable to the application for renewal of \r\nregistration certificate alongwith any other condition that may be specified by the registration \r\nauthority. \r\n \r\n7. Charter of a charity.— Every charity or organization seeking registration shall, alongwith \r\nthe application for registration under this Act, file with the registration authority its charter, which \r\nshall contain the following, namely:- \r\n \r\n(a) name of the charity or organization; \r\n \r\n(b) objectives of the charity or organization; \r\n \r\n(c) names and addresses of the initial three signatories of the charter as well as the names \r\nand addresses of the members of the governing body of the charity or organization \r\nat the time that application for registration is made; \r\n \r\n(d) manner in which membership of the charity or organization be acquired and lost; \r\n \r\n(e) manner in which the governing body, by whatever name described, shall come into \r\nexistence and function; and \r\n \r\n(f) qualifications and disqualif ications of any person continuing as a member of the \r\ngoverning body of the charity or organization. \r\n \r\n8. Amendments in the charter of a registered charity. —(1) No amendment in the charter \r\nof a registered charity shall be valid unless it has been approved by two-third majority of its general \r\nbody members and thereafter by the registration authority, for which purpose a copy of the \r\namendment shall be forwarded to the registration authority. \r\n \r\n(2) If the registration authority is satisfied that any amendment in the charter is not contrary \r\nto any of the provisions of this Act or the rules or regulations made thereunder, it may approve the \r\namendment. \r\n \r\n(3) Where the registration authority approves an amendment in the charter, it shall issue to \r\n \r\n1Subs. by Act No. XXXIII of 2026, s.2. \r\n \r\nPage 8 of 16 \r\n \r\nthe charity a certified copy of the amendment, which shall be conclusive evidence that the same is \r\nduly approved. \r\n \r\n(4) Any change in the charter of a charity that has been disapproved by the registration \r\nauthority shall cease to be effective immediately from the date of disapproval communicated to the \r\norganization concerned. \r\n \r\n(5) An appeal against an order of the registration authority disapproving a change in the \r\npurpose or purposes of a charity may be preferred to the appellate authority within thirty days of the \r\nreceipt of the order of the registration authority which shall be placed before the appellant authority \r\nfor decision, thereon which shall be final. \r\n \r\n9. Conditions to be complied with by registered charity. —(1) Every registered charity \r\nshall - \r\n \r\n(a) maintain book of accounts in a manner laid down by the registration authority \r\nin prescribed manner; \r\n \r\n(b) at such time and in such manner as may be prescribed, submit its annual report \r\nand annual audited accounts to the registration authority and publish the same \r\nand place it on its web-site for general information; \r\n \r\n(c) pay all moneys, received by it, into a separate account kept in its name at any \r\nbranch of any scheduled bank; \r\n \r\n (d) furnish to the registration au thority such particulars with regard to accounts \r\nand other records as the registration authority may from time to time require; \r\n \r\n(e) specifically mention financial contributors for activities of the charity; and \r\n \r\n(f) have its own web-site within ninety days from the date of issuance of registration \r\ncertificate to be linked with database of charities of the registration authority. \r\nThe web-site shall contain all information regarding constitution of the charity, \r\nnames and brief introduction of exec utive members, year -wise financial \r\nquantum and details of the projects undertaken by the charity during the \r\npreceding three years of reporting and list of its funding partners. \r\n \r\n(2) The registration authority, or any officer duly authorized by it in this behalf, may at all \r\nreasonable times visit the office of or any of the facility or project run by that charity to ascertain the \r\nworking and progress of charity and examine its book s of account and other records, the securities, \r\ncash and other properties held by a charity and all documents relating thereto. Any refusal by a \r\ncharity to authorize such visit or any breach of the conditions laid down in sub-section (1) may \r\nresult in deregistration of a charity. \r\n \r\n (3) Words in respect of a registered charity of the fact that it is a registered charity shall be \r\nstated in 1[Urdu or English] in legible characters alongwith its registration number,— \r\n \r\n \r\n \r\n1Subs. by Act No. XXXIII of 2026, s.3. \r\n \r\nPage 9 of 16 \r\n \r\n(a) in all notices, advertisements, correspondences and other documents issued by \r\nor on behalf of the charity and soliciting money or other property for \r\nfulfilment of aims and objectives of the charity; \r\n \r\n(b) in all bills of exchange, promi ssory notes, endorsements, cheques and orders \r\nfor money or goods purporting to be signed on behalf of the charity; and \r\n \r\n(c) in all bills rendered by it and in all its invoices, receipts and letters of credit. \r\n \r\n(4) Any person who issues or authorizes the issuance of any document falling within clause \r\n(a), (b) or (c) of sub-section (3) in which the fact that the charity is a registered body is not stated as \r\nrequired by that sub-section, shall be liable to a fine not exceeding one hundred thousand Rupees. \r\n \r\n10. Suspension or dissolution of executive bodies of registered charities. —(1) After \r\nmaking such inquiries as it may deem appropriate, if the registration authority is satisfied that the \r\nregistered charity has been responsible for any irregularity in respect of its funds or for any mal -\r\nadministration in the conduct of its affairs or has failed to comply with the provisions of this Act or \r\nrules or regulations made thereunder, it may, by order in writing, suspend or dissolve the governing \r\nbody thereof. \r\n \r\n(2) Where a governing body is suspended under sub -section (1), the registration authority \r\nshall appoint an administrator or a caretaker body consisting of not more than five persons, two from \r\nthe government and three from the general body of the charity, w ho shall not be eligible for any \r\nappointment in the governing body for the next term. \r\n \r\n(3) The administrator or caretaker body appointed under sub -section (2) shall have all the \r\nauthority and powers of the governing body under the constitution of the charity to carry out the day \r\nto day activities of the charity. \r\n \r\n(4) The governing body against which an order of suspension or dissolution is made under \r\nsub-section (1) may make appeal to the appe llate authority against such order, which shall have the \r\npower to make such orders as to the re-instatement of the executive body within thirty days from the \r\ndate of receipt of such appeal and the decision of the appellant authority shall be final. \r\n \r\n11. De-registration of registered charity. —(1) If at any time, the registration authority \r\nhas reason to believe that a registered charity is acting in contravention of its charter or contrary to \r\nany of the provisions of this Act or the rules or the regulations made thereunder or in a \r\nmanner prejudicial t o the interests of the public, the state or its institutions, it may order that the \r\ncharity shall stand de -registered and removed from the register on and from such date as may be \r\nspecified in the order: \r\n \r\nProvided that no order under this sub -section shall be made unless an opportunity of being \r\nheard is provided to the charity. \r\n \r\n(2) The executive body of a charity on behalf of that charity against whom an order of de -\r\nregistration is made under sub -section (1) may make an appeal to the appellate authority \r\nwithin thirty days of the receipt of the order, which shall have the power to make such orders as to \r\nthe re-instatement or endorsement of the decision of registration authority as it may think fit within \r\nninety days from the date of receipt of such appeal and the decision thereon of the appellate authority \r\nshall be final. \r\n \r\n \r\nPage 10 of 16 \r\n \r\n12. Voluntary dissolution of registered charity .—(1) No registered charity shall be \r\ndissolved by the executive body or members thereof. \r\n \r\n(2) If it is proposed to dissolve any registered charity, not less than three-fifths of its executive \r\nbody members may apply to the registration authority in such manner as may be prescribed, for \r\nmaking an order for the dissolution of such charity. \r\n \r\n(3) The registration authority may allow de -registration after examination of the charter, \r\naccounts and other prescribed documents of the charity and remove that charity from the register on \r\nand from such date as may be specified in the order. \r\n \r\n(4) In the event of a delay of more than one hundred and eighty days in the determination of \r\nthe application for de-registration moved by a charity, the application shall be deemed to have been \r\naccepted unless reasons for the delay are recorded in writing by the registration authority. Such delay \r\nshall in no case be more than ninety days beyond the specified original period of one hundred and \r\neighty days. \r\n \r\n(5) Appeal against an order to de -register or an order refusing to de -register, passed by the \r\nregistration authority may be preferred within thirty days of receipt of the order to the appellate \r\nauthority for placing the same before appellate authority the decision thereon of which shall be final. \r\n \r\n13. Consequences of de -registration and voluntary dissolution. —Where any charity is \r\ndissolved or de-registered under section 10 or 11, its registration thereunder shall stand cancelled \r\non and from the date of the order of dissolution takes effect and the registration authority \r\nmay- \r\n \r\n(a) order any bank or other person who hold moneys, securities or other assets on \r\nbehalf of the charity not to part with such moneys, securities and assets \r\nwithout the prior permission in writing of the registration authority; \r\n \r\n(b) appoint a competent person to wind up the affairs of such charity, with power \r\nto institute and defend suits and other legal proceedings on behalf of such \r\ncharity and to make such orders and take such action as may appear to him \r\nto be necessary for the purpose; and \r\n \r\n(c) order any moneys, securities and assets remaining after the satisfaction of all \r\ndebts and liabilities of such charity to be paid or transferred to such other \r\ncharity, having objects similar to the objects of the charity, as may be specified \r\nin the order. \r\n \r\n14. Rights of registered charity.— (1) The property, movable and immovable, belonging to \r\na charity registered under this Act shall be vested in the governing body. In all proceedings, civil and \r\ncriminal, such property may be described as the property of charity. \r\n \r\n(2) Every charity registered under this Act may sue or be sued in the name of the person or \r\npersons authorized and designated, for this purpose by the charter or the rules and regulations of a \r\ncharity and in default of such authorization in the name of such person as shall be appointed by the \r\ngoverning body for the occasion. \r\n \r\n (3) Every charity registered under this Act may solicit public donations subject to the \r\nfulfilment of conditions, regulations and rules made under this Act and may- \r\n \r\nPage 11 of 16 \r\n \r\n \r\n(a) apply for tax exemptions in the manner prescribed by the Federal \r\nBoard of Revenue; and \r\n \r\n(b) enter into agreements with the state and private parties for the \r\nrealization of aims and objectives specified in its charter. \r\n \r\n15. Register of charities.— (1) The registration authority shall, in respect of certificate \r\nof registration issued under this Act, maintain a register containing such particulars as may be \r\nprescribed. \r\n \r\n(2) The registration authority shall keep a manual register of charities, as well as a database \r\nof all registered charities in an electronic form, which shall be kept in such manner as may be \r\nprescribed. \r\n \r\n(3) Any charity which ceases to exist or operate shall be removed from the register, \r\nprovided a one month notice is served to such a charity to provide it an opportunity to produce \r\ndocumentary evidence of its existence for the purpose for which it was created. \r\n \r\n(4) Any charity which does not obtain its 1[*] renewal certificate as required under section 6 \r\nshall deem to be considered an unregistered and illegal entity and its name from the register shall be \r\nremoved. \r\n \r\n16. Appellate authority. —The chief commissioner, Islamabad Capital Territory shall be the \r\nappellate authority to hear and decide appeals preferred under this Act. \r\n \r\n17. Financial irregularity. — (1) On receipt of a complaint in writing alleging financial \r\nirregularities supported by one-third of the members of the governing body of registered charity or \r\nfrom a person or body that had contributed more than five percent of the total funds received by the \r\ncharity in the last year for which final accounts are available, the registration authority, after giving \r\nthe charity an opportunity of being heard, authorize an external auditor to carry out within sixty days \r\nan audit of the charity. \r\n \r\n(2) Upon authorization of an external audit in terms of sub-section (1), the registration \r\nauthority may direct immediate possession of the books of account, ledgers or the relevant \r\nelectronically or manually preserved data of the charity by an offi cer of the registration \r\nauthority. \r\n \r\n(3) The external auditor shall, upon authorization in writing, complete the audit and submit \r\nthe audit report within sixty days: \r\n \r\nProvided that registration authority may extend the period of sixty days for another thirty days \r\non the basis of a request in writing from the external auditor clearly stating the grounds therein. \r\n \r\n \r\n \r\n \r\n \r\n \r\n1Omitted by Act No. XXXIII of 2026, s.4. \r\n \r\n \r\nPage 12 of 16 \r\n \r\n(4) In the event of a complaint being found by the registration authority to be vexatious or \r\nfrivolous, the registration authority may impose an administrative fine of up to twenty-five thousand \r\nRupees on each one of the complainants. In the case of a m ember of the governing body or other \r\nmember or an official of a charity being fined under this sub -section, he shall stand removed from \r\nthe office held by him as well as the membership of the charity. Appeal against an order imposing a \r\nfine in terms of thi s sub-section may be preferred within thirty days of such order to the appellate \r\nauthority for placing the same before the appellate authority who shall decide it on merit and that \r\ndecision shall be final \r\n \r\n(5) In the event of the external auditor’s report indicating serious financial irregularity \r\nor irregularities, the registration authority shall provide with the auditor’s report and the issues \r\nrequired to be addressed by the charity or any of its office bearers or members who shall be provided \r\ndue opportunity of being heard. The registration authority, if not convinced with the reply, may \r\ninitiate an inquiry. If upon completion of its inquiry, the registration authority is satisfied that serious \r\nfinancial irregularity has been committed with respect to the affairs of a registered charity, it may- \r\n \r\n(a) suspend or remove, after recording reasons in writing one or more members \r\nof the governing body or such other members or office bearers thereof \r\nas appear to be responsible for the irregularities detected; and \r\n \r\n(b) initiate civil as well as criminal proceedings against such office bearer or \r\nmember, including proceedings for the recovery of the misappropriated \r\nassets. \r\n \r\n (6) The vacancies caused by removing of the members of the governing body of a charity \r\nshall be filled in accordance with the charter of the charity, but in no case later than sixty days from \r\nthe date of removal of the members of the governing body found responsible for financial \r\nirregularities. \r\n \r\n(7) The vacancies created as a result of such suspensions shall be filled up in accordance with \r\nthe charter or bye-laws of the charity. \r\n \r\n(8) Any member of the governing body of the charity or office bearer thereof or any other \r\nmember the charity suspended under sub -section (5) shall not act as office -bearer of the charity \r\nduring the period of his suspension. \r\n \r\n18. Fund raising and public solicita tion.—(1) Any charity registered under this Act shall \r\nhave the authority to indulge into fund-raising activities and seek public solicitation, both local and \r\nforeign. \r\n \r\n(2) Any charity registered under this Act and undergoing an activity to collect funds sh all \r\nensure that— \r\n \r\n(a) purposes of solicitations for donations have accurately and \r\ntransparently been conveyed to donors for which donations are being \r\ncollected; \r\n \r\n (b) the projects have actually been carried out for which funds were collected; \r\nand \r\n \r\n \r\nPage 13 of 16 \r\n \r\n(c) the beneficiaries are real and that the intended beneficiaries are the ones for \r\nwhom funds were actually received. \r\n \r\n(3) Any person or group of persons, whether the office bearer, e mployee or a third party, \r\nfound involved in collection of funds or public solicitation for or on behalf of an unregistered, illegal \r\nor proscribed entity, shall be liable to punishment of one year imprisonment or fine of two million \r\nRupees or both. \r\n \r\n(4) No individual, organization, society, charity, trust, non-governmental organization \r\n(NGO) or non-profit organization (NPO), etc. shall collect or raise funds or donations for charitable \r\npurposes as mentioned in Schedule -I from public thr ough any campaign using mass media \r\nincluding electronic, social, digital or print media or through banners, placards, hoardings, public \r\ngathering etc. until such society, charity, NGO or NPO etc. is registered under this Act and any \r\nviolation of this provision shall attract prosecution for the offences as mentioned in Schedule-II. \r\n \r\n19. Opportunity of hearing.—(1) No administrative order or action adversely affecting any \r\nperson or charity shall be passed or taken under this Act unless such person or charity is afforded an \r\nopportunity of being heard. \r\n \r\n(2) After receiving any complaint in writing from any quarter or if the registration authority \r\nitself has information that any of the provisions of this Act has been violated by any person or charity, \r\nsuch person or charity shall be served with a notice for explanation giving therein the opportunity of \r\npersonal hearing and to respond within fifteen days to that notice. In case of no response, a second \r\nnotice shall be served. In case that notice is also not responded within ten days of its issuance, it shall \r\nbe presumed that the person or charity has nothing to say in his or its defence and the decision shall \r\nbe made ex-parte. \r\n \r\n20. Penalties and procedure.— (1) Any person who— \r\n \r\n(a) contravenes any of the provisions of this Act or any rule, regulation or order \r\nmade thereunder shall be punished accordingly; or \r\n \r\n(b) commits an offence which falls under the Pakistan Penal Code, 1860 (Act V \r\nof 1860), the Anti -Terrorism Act, 1997 ( XXVII of 1997), the Anti -Money \r\nLaundering Act, 2010 (VII of 2010), the Prevention of Corruption Act, 1947 \r\n(II of 1947), the Foreign Exchange Regulation Act, 1947 (VII of 1947), the \r\nCopyright Ordinance, 1962 (XXXIV of 1962), the Pakistan Arms Ordinance, \r\n1965 (W.P. Ord. No. XX of 1965), the Emigration Ordinance, 1979 (XVIII of \r\n1979), the Control of Narcotic Substances Act, 1997 (XXV of 1997), the \r\nPakistan Environmental Protection Act, 1997 (XXXIV of 1997), the National \r\nAccountability Ordinance, 1999 (XVIII of 1999), the Registered Des igns \r\nOrdinance, 2000 (XLV of 2000), the Trade Marks Ordinance, 2001 (XIX of \r\n2001), the Prevention and Control of Human Trafficking Ordinance, 2002 (LIX \r\nof 2002), the Federal Excise Act, 2005, or any other relevant law, for the time \r\nbeing in force, shall be punished accordingly; and \r\n (c) contravenes the provision of sub -section (4) of section 18, shall be liable to a \r\nfine upto the extent of one million Rupees or imprisonment upto six months or \r\nboth. \r\n \r\n \r\nPage 14 of 16 \r\n \r\n(2) When the offence is committed by a charity, every of fice bearer thereof shall, unless he \r\nproves that the offence was committed without his knowledge or consent, be deemed to be guilty of \r\nsuch offence. \r\n \r\n(3) Any person convicted under this Act shall stand disqualified for life time for becoming \r\nmember of any charity or to seek employment in any charity. \r\n \r\n21. Indemnity.—No suit, prosecution, or other legal proceeding shall be instituted against \r\nany person for anything that is done in good faith or intended to be done in good faith under this Act. \r\n \r\n22. Power to amend the Schedules.— The Government may, by notification in the official \r\nGazette, amend the Schedules so as to amend therein or omit therefrom or add thereto any field of \r\nsocial welfare service or, as the case may be, offences of any law. \r\n \r\n23. Delegation of powers. — The Government may, by notification in the official Gazette, \r\ndelegate all or any of its powers under this Act, either generally or in respect of such charity or class \r\nof charities as may be specified in the notification, to any of its officers. \r\n \r\n24. Power to make rules. — The Government may, by notification in the official Gazette, \r\nmake rules, not inconsistent with any provision of this Act, for carrying into effect the provisions of \r\nthis Act. \r\n \r\n25. Power to make regulations. — The chief commissioner Islamabad Capital Territory \r\nmay make regulations, not inconsistent with any of the provisions of this Act and of the rules made \r\nthereunder, to carry out purposes of this Act. \r\n \r\n26. Removal of difficulties.— If any difficulty arises in giving effect to any of the provisions \r\nof this Act, the Federal Government may make such order as may be necessary: \r\n \r\nProvided that this power shall not be exercised beyond the period of two years from the \r\ncommencement date of this Act. \r\n \r\n27. Repeal. — The Volunt ary Social Welfare Agencies (Registration and Control) \r\nOrdinance, 1961 (XLVI of 1961) is hereby repealed to the extent of Islamabad Capital Territory. \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\nPage 15 of 16 \r\n \r\nTHE SCHEDULE-I \r\n \r\n (Thematic areas of welfare activities) \r\n[See section 2] \r\n \r\n1. Child welfare; \r\n \r\n2. Youth welfare; \r\n \r\n3. Women’s welfare; \r\n \r\n4. Welfare, training and rehabilitation of the persons with disabilities; \r\n \r\n5. Family planning and population welfare; \r\n \r\n6. Recreational programmes intended to keep people away from anti-social \r\nactivities; \r\n \r\n7. Civic education, aimed at developing sense of civic responsibility; \r\n \r\n8. Welfare and rehabilitation of prisoners; \r\n \r\n9. Welfare of juvenile delinquents; \r\n \r\n10. Welfare of the beggars and destitute; \r\n \r\n11. Welfare and rehabilitation of patients; \r\n \r\n12. Welfare of the aged and infirm; \r\n \r\n13. Training and capacity building of personnel engaged in social services delivery; \r\n \r\n14. Environment protection and related issues; \r\n \r\n15. Drug abuse and narcotics; \r\n \r\n16. Social research; \r\n \r\n17. Human rights; \r\n \r\n18. Religious education, interfaith and sectarian harmony; \r\n \r\n19. Education; \r\n \r\n20. Health and reproductive health; \r\n \r\n21. Poverty alleviation; \r\n \r\n22. Cultural heritage and promoting culture of Pakistan; \r\n \r\n23. Vocational and professional training; and \r\n \r\nPage 16 of 16 \r\n \r\n \r\n24. De-radicalization and counter violent extremism. \r\n \r\n \r\n \r\nSCHEDULE-II \r\n \r\n OFFENCES \r\n \r\n1. The Pakistan Penal Code, 1860 (Act V of 1860); \r\n \r\n \r\n2. The Anti-Terrorism Act, 1997 (XXVII of 1997); \r\n \r\n \r\n3. The Anti-Money Laundering Act, 2010 (VII of 2010); \r\n \r\n \r\n4. The Prevention of Corruption Act, 1947 (II of 1947); \r\n \r\n \r\n5. 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