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Voluntary Social Welfare Agencies (Registration and Control) Ordinance, 1961

Ordinance· 1961· 7 pages
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Summary

This 1961 Ordinance requires voluntary social welfare organisations -- essentially NGOs and charitable associations -- to register with the government before they can legally be established or continue operating (Section 3). Section 2(f) and the attached Schedule define which organisations count as a 'voluntary social welfare agency' covered by this law: those working in child welfare, youth welfare, women's welfare, welfare of the physically and mentally handicapped, family planning, recreational programmes meant to keep people away from anti-social activity, social education, welfare and rehabilitation of released prisoners, welfare of juvenile delinquents, welfare of the socially handicapped, welfare of beggars and destitute persons, patient welfare and rehabilitation, welfare of the aged and infirm, training in social work, or coordination among other social welfare agencies -- and which rely on public subscriptions, donations, or government aid for funding.

Section 4 requires an organisation seeking registration to apply, in the prescribed form and with a fee, to a government-appointed 'Registration Authority', attaching a copy of its constitution; the Authority can make its own inquiries and either grant or, giving written reasons, reject the application. If rejected, Section 6 allows an appeal to the Provincial Government within thirty days, whose decision is final.

Once registered, Section 7 requires an agency to keep audited accounts, submit an annual report and audited accounts to the Registration Authority (and publish them), keep its money in an approved bank account, and provide any further records the Authority requests; the Authority can inspect the agency's books and property at any reasonable time. Section 8 requires Registration Authority approval before any change to the agency's constitution takes effect.

Section 9 gives the Registration Authority power to suspend an agency's governing body if it finds irregularities in funds, maladministration, or non-compliance with the law, appointing an administrator or a caretaker body of up to five people to run things in the meantime; a separate five-person Board reviews such suspension orders and can decide on reinstatement or a full dissolution and reconstitution, with a further appeal to the Provincial Government. Section 10 lets the Provincial Government dissolve an agency entirely if it is acting contrary to its constitution, the law, or the public interest, after giving it a chance to be heard; Section 11 allows a voluntary dissolution if at least three-fifths of an agency's members apply for it. On dissolution, Section 12 lets the Provincial Government freeze the agency's assets, appoint someone to wind up its affairs, and direct any remaining money to a similar agency.

Section 14 makes it an offence -- punishable by imprisonment of up to six months, a fine of up to two thousand rupees, or both -- to breach the Ordinance or its rules, or to make a false statement in a registration application or official report; where the offender is a company or association, its directors and officers can be held personally liable unless they prove they didn't know about or consent to the offence. This is an old law (1961), amended by the Central Adaptation of Laws Order, 1964, and its current administration and monetary figures should be checked against the up-to-date official text.

Key topics

NGO registrationsocial welfare organisationscharity regulationvoluntary agenciesgovernment oversight of NGOs

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