An Ordinance adopted on October 1958 to provide for the registration and control of voluntary social welfare agencies in Pakistan. Here are its key features;
Section 1. Short title, Extent and Commencement
- It extends to the whole of Pakistan.
Section 2. Definitions
In this Ordinance, unless there is anything conflicting with the subject or context;
Agency means a voluntary social welfare agency.
Governing Body refers to the governing body, which is responsible for the executive functions and management of the organization’s affairs.
Prescribed means prescribed by rules made under section 19.
Register The register mentioned under section 4 is referred to as the register, and when we say “registered,” it means registered under this Ordinance.
Registration Authority indicates an officer authorized by the Provincial Government to perform all or some of the Registration Authority’s powers under this Ordinance by Gazette notification.
Voluntary Social Welfare Agency denotes an organization, association, or venture founded by individuals to provide social services in one or more of the sectors listed in the schedule and rely on public subscription, donations, or government grants.
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 establish or maintain an agency, submit an application to the Registration Authority, along with a copy of the agency constitution and any other required documents, and pay the stipulated fee.
• The Registration Authority reviews the application and grants or denies it, with written reasons. • The applicant receives a certificate of registration.
• Register all certifications issued under sub-section (3).
Section 5. Establishment and Continuance of Agency
- An agency shall be established after obtaining a registration certificate.
- Existing agencies cannot be continued for more than six months without applying for registration under sub-section (1) of section 4.
- If an application is rejected, the agency may continue for 30 days or until an appeal is dismissed under section 6.
Section 6. Appeal
In case of rejection, an applicant may appeal to the Provincial Government within 30 days of the Registration through an application for registration to the authority, and the Provincial Government’s order will be final and implemented by the Registration Authority.
Section 7. Conditions to be Complied with by Registered Agencies
- Ensure annual report and audited account are submitted to the registration authorities and published for public information. Separate bank accounts for collection must be approved by the registration authority. The bank designated by the registration authority helps locate records as needed.
- The authorized officer can inspect the agency’s books of accounts, records, securities, cash, and other properties.
Section 8. Amendment of the Constitution of Registered Agency
No registered agency constitution amendment is valid without registration authority permission. If registration authority approves the copy of constitution submitted by registered agency and it follows ordinance requirements, it will issue the agency a copy of the amendment certified by it as proof 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 under sub-section (1) must be submitted to a five-person board constituted by the Provincial Government, which has the power to make such orders.
- The governing body facing a dissolution and reconstitution order under sub-section (3) can appeal to the Provincial Government within 30 days of the order. The Provincial Government’s decision is final and cannot be challenged in court.
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
- Registered agencies cannot be dissolved by their governing body or members.
- 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.
- On application, the order made by the person nominated under clause (b) of subsection (1) is enforceable by any Civil Court with local jurisdiction, as a decree of such court.
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 face imprisonment for up to six months or a fine of up to two thousand rupees.
- If a company or association commits an offence under this Ordinance, all directors, managers, secretaries, and officers are deemed guilty unless they can prove the offence was committed without their knowledge or consent.
- The Registration Authority or an officer authorized by it must file a written complaint with the court to recognize an offence under this Ordinance.
Section 15. Indemnity
No person shall be sued, prosecuted, or otherwise pursued for anything done or intended to be done under this Ordinance in good faith.
Section 16. Power to Emend Schedule
The Provincial Government may change the schedule to add or remove social welfare services by Gazette notification.
Section 17. Power to Exempt
The Provincial Government may exempt any agency or class of agencies from this Ordinance by Gazette publication.
Section 18. Delegation of Powers
In the official Gazette, the Provincial Government may delegate all or part of its duties under this ordinance to any of its officers, either generally or for a specific agency or class of agencies.
Section 19. Rules
The Provincial Government may publish guidelines in the Gazette to implement this Ordinance.
The Schedule [See Section 2 (f)]
1. Child welfare 2. Youth welfare 3. Women’s welfare 4. Welfare of the physically and mentally handicapped 5. Family planning 6. Recreational programs intended to keep people away from Anti-social activities 7. Social education, that is, education of adults aimed at developing sense of civic responsibility. 8. Welfare and rehabilitation of released prisoners. 9. Welfare of juvenile delinquents. 10. Welfare of the socially handicapped 11. Welfare of the beggars and destitute 12. Welfare and rehabilitation of patients 13. Welfare of the aged and infirm. 14. Training in social work 15. Co-ordination of social welfare agencies.
