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  "title": "Voluntary Social Welfare Agencies (Registration and Control) Ordinance, 1961",
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  "text": "Page 1 of 7 \r\n \r\n \r\n \r\n \r\nTHE VOLUNTARY SOCIAL WELFARE AGENCIES \r\n(REGISTRATION AND CONTROL)  \r\nORDINANCE, 1961 \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\nCONTENTS \r\n \r\n1.  Short title, extent and commencement  \r\n2.  Definitions  \r\n3.  Prohibition against establishing or continuing an agency without registration  \r\n4. Application for registration, etc.  \r\n5.  Establishment and continuance agency  \r\n6. Appeal  \r\n7.  Conditions to be complied with by registered agencies  \r\n8.  Amendment of the constitution of registered agency  \r\n9.  Suspension or dissolution of governing bodies of registered agencies  \r\n10.  Dissolution of registered agency  \r\n11.  Voluntary dissolution of registered agency  \r\n12.  Consequences of dissolution  \r\n13.  Inspection of documents, etc.  \r\n14.  Penalties and procedure  \r\n15.  Indemnity  \r\n16.  Power to amend Schedule  \r\n17.  Power to exempt  \r\n18.  Delegation of powers  \r\n19.  Rules  \r\nTHE SCHEDULE \r\n \r\n \r\n\r\n \r\nPage 2 of 7 \r\n \r\nTHE VOLUNTARY SOCIAL WELFARE AGENCIES (REGISTRATION AND \r\nCONTROL) ORDINANCE, 1961 \r\n \r\nORDINANCE NO.  XLVI OF 1961 \r\n  \r\n[2nd December, 1961]  \r\n \r\nAn Ordinance to provide for the registration and control of voluntary social welfare agencies. \r\n \r\n WHEREAS it is expedient to provide for the registration and control of voluntary social \r\nwelfare agencies, and for matters ancillary thereto; \r\n  \r\n NOW, THEREFORE, in pursuance of the Proclamation of the seventh day of  October, 1958, \r\nand in exercise of all powers enabling him in that behalf, the President is pleased to make and \r\npromulgate the following Ordinance :— \r\n \r\n 1. Short title, extent and commencement. —(1) This Ordinance may be called the \r\nVoluntary Social Welfare Agencies (Registration and Control) Ordinance, 1961. \r\n  \r\n (2) It extends to the whole of Pakistan. \r\n  \r\n (3) It shall come into force on such date as the 1[Provincial Government] may, by notification \r\nin the official Gazette, appoint in this behalf. \r\n \r\n 2. Definitions.―In this Ordinance, unless there is anything repugnant in the subject or \r\ncontext,— \r\n(a) “agency” means a voluntary social welfare agency, and includes any branch of \r\nsuch agency ; \r\n \r\n(b) “governing body” means the council, committee, trustees or other body, by  \r\nwhatever name called, to whom, by the constitution of the agency, its \r\nexecutive functions and the management of its affairs are entrusted ; \r\n \r\n(c) “prescribed” means prescribed by rules made under section 19 ; \r\n \r\n(d) “register” means the register maintained u nder section 4, and “registered” \r\nshall mean registered under this Ordinance ; \r\n \r\n(e) “Registration Authority” means 1[* * * ] an officer authorized by the \r\n1[Provincial Government], by notification in the Official Gazette, to exercise \r\nall or any of the powers of the Registration Authority under this Ordinance ; \r\n \r\n(f) “voluntary social welfare a gency” means an organization, association or \r\nundertaking established by persons of their own free will for the purpose of \r\nrendering welfare services in any one or more of the fields mentioned in the \r\nSchedule and depending for its resources on public subscriptions, donations or \r\nGovernment aid. \r\n \r\n1Subs. and omitted by the Central Adaptation of Laws Order, 1964 (P. O. No. 1), Art. 2 and Sch.  \r\n \r\n \r\nPage 3 of 7 \r\n \r\n 3. Prohibition against establish ing or continuing an agency without registration. —No \r\nagency shall be established or continued except in accor dance with the provisions of this Ordinance. \r\n   \r\n 4. Application for registration, etc.—(1) Any person intending to establish an agency, 1[* * \r\n*] shall, in the prescribed form, and on payment of the prescribed fee, ma ke an application to the \r\nRegistration Authority, accompanied by a copy of the constitution of the agency, and such other \r\ndocuments as may be prescribed. \r\n  \r\n (2) The Registration Authority  may, on receipt of the application, make such enquiries as it \r\nconsiders necessary, and either grant the application, or, for reasons to be recorded in writing, reject \r\nit. \r\n  \r\n (3) If the Registration Authority grants the application, it shall issue, in the prescribed form, a \r\ncertificate of registration to the applicant. \r\n  \r\n (4) The Registration Authority shall maintain a register, containing such particulars as may be \r\nprescribed, of all certificates issued under sub-section (3). \r\n \r\n 5. Establishment and contin uance of agency. —(1) An agency 1[* * *] shall be established \r\nonly after a certificate of registration has been issued under sub-section (3) of section 4. \r\n \r\n 1[*  *  *  *  *      *        *] \r\n \r\n 6. Appeal.— If the Registration Authority rejects an application for registration, the applicant \r\nmay, within thirty days from the date of the order of the Registration Authority, prefer an appeal to \r\nthe 2[Provincial Government], and the order passed by the 2[Provincial Government] shall be final \r\nand given effect to by the Registration Authority. \r\n \r\n 7. Conditions to be complied with by registered agencies .—(1) Every registered agency \r\nshall__ \r\n  \r\n(a)  maintain audited accounts in the manner laid down by the Registration \r\nAuthority ; \r\n  \r\n(b)  at such time and in such manner as ma y be prescribed, submit its Annual \r\nReport and audited accounts to the Registration Authority and publish the \r\nsame for general information ; \r\n  \r\n(c)  pay all moneys received by it into a separate account kept in its name at such \r\nbank or banks as may be approved by the Registration Authority; and \r\n \r\n(d) furnish to the Registration Authority such particulars with regard to accounts \r\nand other records as the Registration Authority may from time to time require. \r\n  \r\n (2) The Registration Authority, or any officer duly authorized by it in this behalf, may at all \r\nreasonable times inspect the books of account and other records of the agency, the securities, cash \r\nand other properties held by the agency, and all documents relating thereto. \r\n  \r\n \r\n1Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (Act No. XXVII of 1981), s. 3 and Sch., II.  \r\n2Subs. by the Central Adaptation Laws Order, 1964 (P. O. No. 1), Art. 2 and Sch.  \r\n \r\nPage 4 of 7 \r\n \r\n 8. Amendment of the constitution of registered agency. —(1) No amendment of the \r\nconstitution of a registered agency shall be valid unless it has been approved by the Registration \r\nAuthority, for which purpose a copy of the amendment shall be forwarded to the Registration \r\nAuthority. \r\n  \r\n (2) If the Registration Authority is satisfied that any amen dment of the constitution is not \r\ncontrary to any of the provisions of this Ordi nance or the rules made thereunder, it may, if it thinks \r\nfit, approve the amendment. \r\n  \r\n (3) Where the Registration Authority approves an amendment  of the constitution, it shall  \r\nissue to the agency a copy of the amendment certified by it , which shall be conclusive evidence that \r\nthe same is duly approved. \r\n \r\n 9. Suspension or dissolution of governing bodies of registered agencies. —(1) lf, after \r\nmaking such enquiries as it may thin k fit, the Registration Authority is satisfied that a registered \r\nagency has been responsible for any irregularity in respect of its funds or for any mal administration \r\nin the conduct of its affairs or has failed to comply with the provisions of this Ordinanc e or the rules \r\nmade thereunder, it may, by order in writing, suspend the governing body. \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, who \r\nshall have all the authority and powers of the governing body under the constitution of the agency. \r\n  \r\n (3) Every order of suspension under sub -section (1) shall be placed by the Registration \r\nAuthority before a Board, consisting of no t more than five persons, constituted by the 1[Provincial \r\nGovernment] for the purpose, which shall have the power to make such order as to the re -\r\ninstatement, or the dissolution and reconstitution, of the governing body, as it may think fit. \r\n  \r\n (4) The gov erning body against whom  an order of dissolution and re constitution is made \r\nunder sub-section (3) may  appeal to the 1[Provincial Government], within thirty days from the date \r\nof such order, and the decision of the 1[Provincial Government] shall be final an d shall not be called \r\nin question in any Court. \r\n \r\n  10. Dissolution of registered agency .—(1) If at any time the Regis tration Authority has \r\nreason to believe that a registered agency is acting in contravention of its constitution, or contrary to \r\nany of the  provisions of this Ordinance or the rules made thereunder, or in a manner prejudicial to \r\nthe interests of the public, it may, after giving such opportunity to the agency of being heard as it \r\nthinks fit, make a report thereon to the 1[Provincial Government]. \r\n  \r\n (2) The 1[Provincial Government], if satisfied after considering the report that it is necessary \r\nor proper to do so, may order that the agency shall stand dissolved on and from such date as may be \r\nspecified in the order. \r\n   \r\n 11. Voluntary dissolution  of registered agency. —(1) No registered agency shall be \r\ndissolved by the governing body or members thereof. \r\n  \r\n (2) If it is proposed to dissolve any registered agency, not less than three -fifths of its \r\nmembers may apply to the 1[Provincial Government], in  such manner as may be prescribed, for \r\nmaking order for the dissolution of such agency. \r\n \r\n1 Subs. by the Central Adaptation Laws Order, 1964 (P. O. No. 1), Art. 2 and Sch. \r\n  \r\n \r\nPage 5 of 7 \r\n \r\n (3) The 1[Provincial Government], if satisfied after considering the application t hat it is \r\nproper to do so, may order that the agency shall stand dissolved on and from such date as may be \r\nspecified in the order. \r\n \r\n  12. Consequences of dissolution.—(1) Where any agency is dissolved under this Ordinance, \r\nits registration thereunder shall  stand cancelled on and from the date the order of dissolution takes \r\neffect, and the 1[Provincial Government] may— \r\n  \r\n(a)  order any bank or other person who holds moneys, securities or other assets on \r\nbehalf of the agency not to part with such moneys, secu rities and assets \r\nwithout the previous permission in writing of the 1[Provincial Government] ; \r\n \r\n(b)  appoint a competent person to wind up the affairs of the agency, with power to \r\ninstitute and defend suits and other legal proceedings on behalf of the agen cy, \r\nand to make such orders and take such action as may appear to him to be \r\nnecessary 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 the agency to be paid or transferred  to such other \r\nagency, having objects similar to the objects of the agency, as may be \r\nspecified in the order. \r\n  \r\n (2) Orders made by the person appointed under clause ( b) of sub -section (1) shall, on \r\napplication, be enforceable by any Civil Court having loc al jurisdiction in the same manner as a \r\ndecree of such Court. \r\n \r\n 13. Inspection of documents, etc. —Any person may, on payment of the prescribed fee, \r\ninspect at the office of the Registration Authority any document relating to a registered agency, or \r\nobtain a copy of or an extract from any such document. \r\n  \r\n 14. Penalties and procedure.—(1) Any person who— \r\n  \r\n(a)  contravenes any of the provisions of this Ordinance, or an y rule or order made \r\nthereunder; or \r\n  \r\n(b)  in any application for registration under this O rdinance, or in any report or \r\nstatement submitted to the Registration Authority or published for general \r\ninformation thereunder, makes any false statement or false representation;  \r\n \r\nshall be punishable with imprisonment for a term which may extend to six m onths, or with fine \r\nwhich may extend to two thousand rupees, or with both. \r\n \r\n (2) Where the person committing an offence under this ordinance is a company, or other body \r\ncorporate, or an association of person , every director, manager, secretary and other of ficer thereof \r\nshall, unless he proves that the offence was committed without his knowledge or consent, be deemed \r\nto be guilty of such offence. \r\n  \r\n \r\n \r\n1 Subs. by the Central Adaptation Laws Order, 1964 (P. O. No. 1), Art. 2 and Sch.  \r\n \r\nPage 6 of 7 \r\n \r\n (3) No Court shall take cognizance of an offence under this Ordinance except upon complaint \r\nin writing made by the Registration Authority, or by an officer authorized by it in this behalf. \r\n \r\n 15. Indemnity.—No suit, prosecution or other legal proceeding shall lie against any person  \r\nfor anything which is in good faith done or intended to be done under this Ordinance. \r\n \r\n 16. Power to amend Schedule .—The 1[Provincial Government] may by notification in the \r\nofficial Gazette, amend the Schedule so as to include therein or exclude therefrom  any field of social \r\nwelfare service. \r\n \r\n  17. Power to exempt. —The 1[Provincial Government] may, by notification in the o fficial \r\nGazette, exempt any agency or class of agencies from the operation of all or any of the provisions of \r\nthis Ordinance. \r\n   \r\n 18. De legation of powers. —The 1[Provincial Government ] may, by notifica tion in the \r\nofficial Gazette, delegate all or any of its powers under this Ordinance, either generally, or in respect \r\nof such agency or class of agencies as may be specified in the notification, to any of its officers, 1[* * \r\n*]. \r\n \r\n  19. Rules.—The 1[Provincial Government] may, by notification in the official Gazette, make \r\nrules for carrying into effect the provisions of this Ordinance. \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\n1 Subs. and omitted by the Central Adaptation of Laws Order, 1964 (P. O. No. 1 of 1964), Art. 2 and Sch.  \r\n \r\nPage 7 of 7 \r\n \r\n \r\nTHE SCHEDULE \r\n \r\n[See Section 2 (f)] \r\n \r\n(i) Child welfare. \r\n \r\n(ii)   Youth welfare. \r\n \r\n(iii)   Women’s welfare. \r\n \r\n(iv)   Welfare of the physically and mentally handicapped. \r\n \r\n(v)     Family planning. \r\n \r\n(vi)    Recreational programmes intended to keep people away from anti-social activities. \r\n \r\n(vii)  Social education, that is, education of adults aimed at developing sense of civic \r\n responsibility. \r\n(viii)    Welfare and rehabilitation of released prisoners. \r\n(ix)   Welfare of juvenile delinquents. \r\n(x) Welfare of the socially handicapped. \r\n(xi) Welfare of the beggars and destitutes. \r\n(xii) Welfare and rehabilitation of patients. \r\n(xiii) Welfare of the aged and infirm. \r\n(xiv) Training in social work. \r\n(xv) Co-ordination of social welfare agencies. \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\n72204          Dated: 25-02-2025",
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