Voluntary Social Welfare Agencies

An ordinance established in October 1958 to facilitate the registration and regulation of volunteer social assistance groups.

Table of contents

Section 1. Short title, Extent and Commencement

It extends to the whole of Pakistan.

Section 2. Definitions

In this Ordinance, unless there is a contradiction with the subject or context;

Agency refers to a volunteer social welfare organization.

The Governing Body denotes the entity accountable for the executive activities and administration of the organization’s operations.

Prescribed refers to regulations established pursuant to section 19.

The register specified in section 4 is designated as the register, and the term “registered” denotes registration under this Ordinance.

The Registration Authority designates an official empowered by the Provincial Government to execute all or specific functions of the Registration Authority as stipulated in this Ordinance by a Gazette announcement.

A Voluntary Social Welfare Agency refers to an organization, group, or initiative established by individuals to deliver social services in one or more specified sectors, relying on public subscriptions, contributions, or government funding.

Section 3. Prohibition against Establishing or Continuing an Agency without Registration

Agency establishment and continuation must comply with this Ordinance.

Section 4. Application for Registration

To form or sustain an agency, submit an application to the Registration Authority, accompanied by a copy of the agency constitution and other requisite documentation, and remit the specified fee.
The Registration Authority reviews the application and grants or denies it, with written reasons.
The applicant receives a certificate of registration.
Register any certificates granted in accordance with sub-section (3).

Section 5. Establishment and Continuance of Agency

A registration certificate is required to create an agency.
Existing agencies must apply for registration under sub-section (1) of section 4 within six months to maintain operations.
If an application is denied, the agency may proceed for 30 days or until an appeal is rejected under section 6.

Section 6. Appeal

If an application be rejected, the applicant may appeal to the Provincial Government within 30 days after registration by submitting an application to the authority. The Provincial Government’s decision shall be conclusive and executed by the Registration Authority.

Section 7. Conditions to be Complied with by Registered Agencies

Provide the submission of the annual report and audited accounts to the registration authorities and their publication for public access. Separate bank accounts for collecting require approval from the registration authorities. The bank appointed by the registration authority assists in locating records as required.
The authorized officer is permitted to examine the agency’s financial statements, records, securities, cash, and other assets.

Section 8. Amendment of the Constitution of Registered Agency

Any alteration to a registered agency’s constitution is invalid without the authorization of the registration authorities. Upon acceptance of the constitution copy provided by the registered agency, granted it conforms to ordinance criteria, the registration authority will provide a certified copy of the amendment as evidence of approval.

Section 9. Suspension or Dissolution of Governing Bodies of Registered Agencies

The governing board of a registration authority may be suspended if they commit irregularities in money, misconduct, or have poor administration, as per sub-section (1).
The registration authority appoints a five-person administrator or caretaker body with all governing authority and powers.
Each suspension order according to sub-section (1) shall be presented to a five-member board established by the Provincial Government, which possesses the authority to issue such orders.
The governing body subject to a dissolution and reconstitution order under sub-section (3) may appeal to the Provincial Government within 30 days of the order. The Provincial Government’s judgment is conclusive and not subject to judicial review.

Section 10. Dissolution of Registered Agency

Registration authorities investigating that agency violated the Ordinance should report to the Provincial Government, considering the public interest.
After discussion, the Provincial Government may set the dissolution date by legislation.

Section 11. Voluntary Dissolution of Registered Agency

Neither the members nor the governing body may dissolve a registered agency.
Dissolution requires a three-fifths share.
After deliberation, the Provincial Government may dissolve the date.

Section 12. Consequences of Dissolution

Ordinance-dissolved agencies are repealed on the same date as the order takes effect. (a) The Provincial Government should contact the person or bank to prevent asset distribution. (b) The Provincial Government appoints a lawyer to defend the agency and transfers the remaining assets to another agency.
Any civil court with local jurisdiction may enforce the order issued by the person designated under paragraph (b) of subsection (1) as a court decree upon application.

Section 13. Inspection of Documents

The Registration Authority allows anyone to see or copy any document related to a registered agency on the prescribed fee.

Section 14. Penalties and Procedure

Those who violate this Ordinance or its rules, or make false statements in applications, reports, or statements, may be subject to a fine of up to two thousand rupees or six months in jail.
If a company or association commits an offence under this Ordinance, all directors, managers, secretaries, and Officers are considered responsible unless they can demonstrate that the offense occurred without their awareness or permission.
The Registration Authority or an authorized official must submit a written complaint to the court to acknowledge an offense under this Ordinance.

Section 15. Indemnity

No individual shall be subject to litigation, prosecution, or other kind of pursuit for actions taken or intended under this Ordinance in good faith.

Section 16. Power to Emend Schedule

The Provincial Government may amend the schedule to include or exclude social welfare programs by Gazette notification.

Section 17. Power to Exempt

The Provincial Government may exclude any agency or category of agencies from this Ordinance by Gazette publication.

Section 18. Delegation of Powers

The Provincial Government may, through the official Gazette, delegate all or part of its responsibilities under this ordinance to any of its officials, either broadly or for a specific agency or category of agencies.

Section 19. Rules

The Provincial Government may provide recommendations in the Gazette to enforce this Ordinance.

The Schedule [See Section 2 (f)]

1. Child welfare 2. Youth Welfare 3. Women’s Welfare 4. Welfare of individuals with physical and mental disabilities 5. Family Planning 6. Recreational initiatives designed to deter individuals from engaging in antisocial behaviors. 7. Social education refers to the education of adults focused on cultivating a feeling of civic duty. 8. Welfare and rehabilitation of ex-convicts. 9. Well-being of juvenile offenders. 10. Welfare of the socially disadvantaged 11. Welfare of the impoverished and destitute 12. Patient welfare and rehabilitation 13. Well-being of the elderly and disabled. 14. Education in social work 15. Coordination of social welfare organizations.