Published on March 10, 2014
Legal Framework For Registration of NGO’s
Registration Laws in Pakistan I-The Societies Registration Act, 1860 II-The Trusts Act, 1882 III-The Voluntary Social Welfare Agencies (Registration and Control Ordinance), 1961 IV-The Companies Ordinance, 1984 V-The Cooperative Societies Act, 1925
I. Trust Act 1882 Who can get registration 1-Private Trusts 2-Charitable Trusts (Doctrine of Cypress) The Trusts Act also provides legal cover for private acts of public charity Scope A public charitable trust, under the Trusts Act, 1882, unlike other trusts created for the benefit of specific individuals, is for the benefit of society generally or for certain sections of society. Charitable objectives can be classified under the following divisions: i. Advancement of religion ii. Advancement of knowledge iii. Advancement of commerce, health and safety of the public iv. Advancement of any other object beneficial to mankind.
Trust act 1882 Can establish by The Deed Of Settlement This Act applies to Private Trusts only The beneficiaries could be specific individuals It is applicable only to Muslims Charitable objectives can be classified under the following divisions: i. Advancement of religion ii. Advancement of knowledge iii. Advancement of commerce, health and safety of the public iv. Advancement of any other object beneficial to mankind Doctrine of Cypress applies only to charitable trusts (The purpose or institution cease to exist after the testator’s death) Act does not apply to Waqfs Public or private religious or charitable endowments The mutual relations of the members of an undivided family as determined by any customary or personal law Trust cannot have immoveable property Trust cannot opposed to Public policy Laws Injury to person or property Dos Don'ts
Companies Ordinance 1984 Who can get registration 1-Non- governmental organizations 2-Non profit making organization 3-Company not for profit 4-Association not for profit 5-Industries department Scope Main objects of the association are for promoting i. Commerce ii. Art iii. Science iv. Religion V. Sports vi. Social services vii. Charity (education, religion, community bifacial activates, eradiation poverty) viii. Any other ‘useful’ objective Apply its profit in promoting its object Enjoy all the privileges of a limited company Purpose of serving public or for mutual benefit Activities out side Pakistan
Companies ordinance Apply its profit for the promoting its object/s Enjoy all the privileges of a limited company Purpose of serving public or for mutual benefits of masses Can work/ initiate activities outside Pakistan Cannot pursuit for all kinds of benefits Limited company could not have share capital Dos Don'ts
Societies Registration Act, 1860 Who can get registration 1-Non profit organization 2-NGOs 3-Charitable society 4-Literary society 5-Scientific society 6-Corporations Scope Science Literature Fine arts Instruction and the diffusion of useful knowledge Diffusion of political education Foundation or maintenance of libraries or reading rooms for use among members or open to the public Public museums and galleries of paintings Work of art Collection of natural history Mechanical and philosophical inventions Instruments or designs Educational and medical services.
Societies Registration Act, 1860 It can promote science; literature; fine arts; educational and medical services It can do instruction and the diffusion of useful knowledge It can deal with diffusion of political education Cannot deal with every object of general public utility Religious society Doesn't extend to teaching for a business or profession, as civil engineering etc. Do Don'ts
Voluntary Social Welfare Agencies(registration & Control) Ordinance 1961 Who can get registration 1-Agency 2-Organization 3-Association Scope Child welfare Youth welfare Women’s welfare Welfare of the physically ,socially and mentally handicapped. Family planning. Recreational programmes intended to keep people away from anti-social activities. Social education, that is, education of adults aimed at developing sense of civic responsibility. Welfare and rehabilitation of released prisoners. Welfare of juvenile delinquents. Welfare of the socially handicapped. Welfare of the beggars and destitute. Welfare and rehabilitation of patients. Welfare of the aged and infirm.
Voluntary Social Welfare Agencies Ordinance 1961 Under the law an organization, association or welfare services can work all field mentioned in the section of scope Training in social work. Coordination of social welfare agencies The said ordinance prohibits the establishment for continuation of voluntary social welfare agency without registration Dos Don'ts
The Co-operative Societies Act,1925 Scope Promotion of thrift, self help and mutual assistance amongst agriculturist or other persons with common economic or social interests and for achieving better standards of living Who can get registration 1.Voluntaries 2. Cooperative society 3. Cooperative bodies/ companies
The Co-operative Societies Act, 1925 Can form organization where persons join together voluntarily on a basis of equality of a common economic need Promotion of the economic interests of its members in accordance with co-operative principles The object of facilitating the operations of such a society, may be registered under this Act with or without limited liability If it is not a cooperative If it is not a body corporate or a company Dos Don’ts
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