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The Islamabad Capital Territory Charities Registration, regulation and Facilitation Act, 2021

Act III of 2021 · 16 pages

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   THE ISLAMABAD CAPITAL TERRITORY CHARITIES
REGISTRATION, REGULATION AND FACILITATION ACT, 2021
                                                         1.




                                          CONTENTS
                                          ___________

SECTIONS:

1.    Short title, extent and commencement.
2.    Definitions.
3.    Charities registration authority.
4.    Functions of the registration authority.
5.    Registration of a charity, conditions and procedure of registration.
6.    Validity period of registration certificate.
7.    Charter of a charity.
8.    Amendments in the charter of a registered charity.
9.    Conditions to be complied with by registered charity.
10.   Suspension or dissolution of executive bodies of registered charities.
11.   De-registration of registered charity.
12.   Voluntary dissolution of registered charity.
13.   Consequences of de-registration and voluntary dissolution.
14.   Rights of registered charity.
15.   Register of charities.
16.   Appellate authority.
17.   Financial irregularity.
18.   Fund raising and public solicitation.
19.   Opportunity of hearing.

                                               Page 1 of 16
20.   Penalties and procedure.
21.   Indemnity.
22.   Power to amend the Schedules.
23.   Delegation of powers.
24.   Power to make rules.
25.   Power to make regulations.
26.   Removal of difficulties.
27.   Repeal.



                                      THE SCHEDULE-I

                                       SCHEDULE-II
                                        OFFENCES




                                       Page 2 of 16
 THE ISLAMABAD CAPITAL TERRITORY CHARITIES REGISTRATION,
          REGULATION AND FACILITATION ACT, 2021
    An Act to regulate the registration, regulation and facilitation of charities in the Islamabad
                                          Capital Territory

        WHEREAS it is expedient to regulate the registration, regulation and facilitation of charities
in the Islamabad Capital Territory and for matters connected therewith and ancillary thereto;

       It is hereby enacted as follows: —
       1.      Short title, extent and commencement. — This Act shall be called the Islamabad
Capital Territory Charities Registration, Regulation and Facilitation Act, 2021.

       (2)     It shall extend to territories of the Islamabad Capital.

       (3)     It shall come into force at once.

       2.       Definitions. —In this Act, unless there is anything repugnant in the subject or
context,―

               (a)   “appellate authority” means the appellate authority appointed or designated
                     under this Act to hear and decide appeals preferred against decision of the
                     registration authority;
               (b)   “charity” means a society, an agency, a non-governmental organization, non-profit
                     organization, a trust, Madrasa, a religious seminary or any other organization by any
                     other name that is a non-profit, voluntary association of persons, natural or juristic,
                     not controlled by any government and set up for one or more public benefit or
                     purposes mentioned in the Schedule and includes local branches of foreign non-
                     profit organizations but excludes such foreign organizations operating in Pakistan to
                     whose charter, Pakistan is a signatory or where a protocol exists between the
                     Government of Pakistan and an organization and depending for its resources on
                     public subscription, donations or government grants;

              (c)    “charter” means a description in writing of the purposes, aims, objectives
                     and the mode of functioning of a charity;

              (d)    “donation” includes cash, kind, land, building, animal, animal hides or anything
                     of monetary value;

              (e)    “financial irregularity” means but not limited to a fraud, an array of
                     irregularities which include illegal acts, concealment of facts, deliberate
                     concealment of information related to financial issues concerning the
                     respective charity or its funding sources as mentioned in its reports or
                     documents and include any embezzlement, internal thefts, payoffs, kickbacks,
                     skimming of funds and spending of funds for non-intending purposes; and

                                              Page 3 of 16
      (f)    “fund” means money, valuables, land or any contribution having monetary
             value solicited for funding the project or any activity of a charity or
             organization;

      (g)    “governing body” or “executive body” means the council, committee,
             trustees or other body, by whatever name called, to whom by the constitution
             of the charity its executive functions and the management of its affairs are
             entrusted;

      (h)    “government funds” means any grant in cash or in kind or land allotted on
             concessional rates by any government in Pakistan and also includes any funds
             saved or gained from tax concessions or reduced utility tariffs specific to the
             charity;
      (i)    “register” means the register maintained under this Act;
      (j)    “registered” means registered under this Act;
      (k)    “registration authority” means the registration and facilitation authority
             established under this Act for exercising its powers and performing its
             functions conferred or assigned under this Act;

      (l)    “regulations” means regulations made under this Act;

     (m)      “rules” means rules made under this Act;
      (n)     “person” means both natural and legal person;
      (o)     “prescribed” means prescribed by rules and regulations made under this
              Act;
       (p)    “Schedule” means the Schedule to this Act;

3.     Charities registration authority. —There shall be established a body to be known
as charities registration authority which shall appropriately be manned and headed by a
director to be appointed or designated in prescribed manner for performance of such
functions and exercise of such powers as are conferred or assigned under this Act and the
rules and regulations made thereunder.

4.     Functions of the registration authority. — The registration authority shall
perform the following functions, namely: -

      (a)      register, regulate, monitor and control charities and perform such other
              functions as entrusted under this Act and as are assigned to it in the prescribed
              manner;

       (b)    promoting philanthropic, public welfare and charitable activities which are in
              accordance with law and international obligations aimed at ensuring safer
              charities and donations;



                                     Page 4 of 16
               (c)    ensure purposeful use of resources coming to charities through effective
                      regulations, methods of administration and by supporting the charities, their
                      governing bodies and staff by providing them training, information or any
                      other technical and professional advice and information on any matter that
                      could enhance their effectiveness as well as avert any potential threat of
                      misuse of registered charities;
               (d)     devise and issue minimum standards to be adopted by each charity to protect
                       the general public interest and that of the beneficiaries of the charities
                       registered under this Act;

               (e)     prepare and provide help and guidance, material and other policy documents
                      for general awareness and adoption by charities;
               (f)    prepare and present its quarterly report before the appellant authority; and
               (g)   place all the appeals filed against the decisions of the registration authority
                     before the appellant authority within thirty days of the receipt of any such
                     appeal.

        (2)     All the charities registered under this Act shall follow any specific guidelines issued
by the registration authority in prescribed manner with regard to any matter related to the charity in
a case specific to a charity, a group of charities or the whole charity sector.

       5.         Registration of a charity, conditions and procedure of registration.—(1)
Registration for the purposes of establishment of a charity shall be mandatory.

        (2)       All the charities working for welfare or charitable purposes and already
registered under any of the laws, other than the laws mentioned in sub-section (3) and
rendering services in any or multiple activities mentioned in the Schedule , shall have to seek fresh
registration in accordance with the provisions of this Act and on the production of such documents
as deemed and required by the registration authority.

        (3)    The registration of a charity for charitable and welfare purposes under any other
law shall cease to be performed, whereas organizations registered and regulated under section 42 of
the Companies Act, 2017 (XIX of 2017) shall continue to be registered and regulated in the manner
prescribed thereunder.

        (4)      Any person or group of persons intending to establish a charity and any person
intending that an agency etc. already in existence shall continue as such in the prescribed form,
shall on payment of the prescribed fee, make an application to the registration authority,
accompanied by a copy of the constitution of the agency and such other documents as may be
prescribed.
        (5) No charity shall be registered by a name that in the opinion of the registration authority
is designed to ethnically exploit or offend any class of people.


         (6)      No charity shall, except for reasons to be recorded in writing by the
registration authority, be registered by a name that contains any words indicating―




                                             Page 5 of 16
               (a)     any connections with the Federal Government or a provincial government
                       or district government or any authority or corporation of such government or
                       that of armed forces, judiciary, Senate, National Assembly or a Provincial
                       Assembly;

               (b)     any linkage or renaming of proscribed organization or having linkage with a
                       proscribed individual; or

                (c)     the patronage of, or any connection with, any foreign government or any
                       international government or multi lateral organization.

       (7)       A charity which, through inadvertence or otherwise, is registered by a name in
contravention of the provisions of sub-section (5) or sub-section (6) shall—

               (a)     with approval of the registration authority, change its name; and

               (b)      if the registration authority so directs, within thirty days of the receipt of
                       such direction, change its name with the approval of the registration authority.

       (8)      Any person or charity affected by the decision of the registration authority under
sub-section (5), (6) or (7) may prefer an appeal to the appellate authority within sixty days of receipt
of such decision and the decision thereon of the appellant authority shall be final.

        (9) The registration authority shall, within ninety days from the receipt of the application
for registration, issue a certificate of registration or intimate to the charity or organization applying
for registration of the deficiencies in the application for registration submitted by it on account of
which the charity or organization cannot be registered or provide written reasons for rejection of
the application.

        (10)      Where intimation of flaw in its application is provided to a charity or an
organization that has applied for registration, it shall within thirty days redress the
deficiencies and resubmit its application, without the payment of fresh registration fee.

        (11)        Where the specified time of thirty days elapsed as per sub-section (10), fresh
application along with prescribed fee for registration shall have to be submitted by the intending
charity or organization.

        (12) If the registration authority has not intimated a charity or an organization about
the flaw in its application and intimation about the rejection of the application along with reasons
having been recorded in writing within ninety days, the application shall be deemed to have been
accepted and a certificate of registration shall be issued to the charity or organization.

        (13) In the event of rejection of the application for registration, an appeal may be preferred
to the appellant authority within thirty days of the receipt of the orders of rejection and the appellant
authority shall decide the appeal within sixty days and the decision of which shall be final.

        (14) The registration authority may, by notification in the official Gazette, specify in the
prescribed manner the registration fee payable.



                                              Page 6 of 16
        6.     Validity period of registration certificate.—(1) A certificate of registration issued
by the registration authority shall be valid for one year from the date of issuance which shall be
renewable every year on submission of annual progress report, audited accounts for the preceding
year, application form, annual fee and such other documents as may be prescribed.

        (2)      Application for renewal of certificate shall have to be submitted to the
registration authority thirty days in advance of completion of following year of registration of the
charity concerned.

        (3)    Conditions specified in section 5 shall also be applicable to the application for renewal
of registration certificate along with any other condition that may be specified by the registration
authority.

        7.      Charter of a charity.— Every charity or organization seeking registration shall,
along with the application for registration under this Act, file with the registration authority its
charter, which shall contain the following, namely:-

           (a)        name of the charity or organization;

            (b)       objectives of the charity organization;

           (c)        names and addresses of the initial three signatories of the charter as well as the
                      names and addresses of the members of the governing body of the charity or
                      organization at the time that application for registration is made;

           (d)        manner in which membership of the charity or organization be acquired and
                      lost;

           (e)        manner in which the governing body, by whatever name described, shall come
                      into existence and function; and

           (f)        qualifications and disqualifications of any person continuing as a member of
                      the governing body of the charity or organization.

        8.      Amendments in the charter of a registered charity. —(1) No amendment in the
charter of a registered charity shall be valid unless it has been approved by two-third majority of its
general body members and thereafter by the registration authority, for which purpose a copy of the
amendment shall be forwarded to the registration authority.

       (2)     If the registration authority is satisfied that any amendment in the charter is not
contrary to any of the provisions of this Act or the rules or regulations made thereunder, it may
approve the amendment.

       (3)     Where the registration authority approves an amendment in the charter, it shall issue
to the charity a certified copy of the amendment, which shall be conclusive evidence that the
same is duly approved.

        (4)      Any change in the charter of a charity that has been disapproved by the
registration authority shall cease to be effective immediately from the date of disapproval
communicated to the organization concerned.

                                              Page 7 of 16
        (5)    An appeal against an order of the registration authority disapproving a change in the
purpose or purposes of a charity may be preferred to the appellate authority within thirty days
of the receipt of the order of the registration authority which shall be placed before the appellant
authority for decision, thereon which shall be final.

        9.           Conditions to be complied with by registered charity. —(1) Every registered
charity shall -

                   (a)   maintain book of accounts in a manner laid down by the registration authority
                         in prescribed manner;

                   (b)   at such time and in such manner as may be prescribed, submit its annual
                         report and annual audited accounts to the registration authority and publish
                         the same and place it on its web-site for general information;

                   (c)   pay all moneys, received by it, into a separate account kept in its name at any
                         branch of any scheduled bank;

                  (d)     furnish to the registration authority such particulars with regard to accounts
                          and other records as the registration authority may from time to time require;

                   (e)    specifically mention financial contributors for activities of the charity; and

                   (f)    have its own web-site within ninety days from the date of issuance of
                          registration certificate to be linked with database of charities of the
                          registration authority. The web-site shall contain all information regarding
                          constitution of the charity, names and brief introduction of executive
                          members, year-wise financial quantum and details of the projects undertaken
                          by the charity during the preceding three years of reporting and list of its
                          funding partners.

        (2)     The registration authority, or any officer duly authorized by it in this behalf, may at
all reasonable times visit the office of or any of the facility or project run by that charity to ascertain
the working and progress of charity and examine its books of account and other records, the
securities, cash and other properties held by a charity and all documents relating thereto. Any refusal
by a charity to authorize such visit or any breach of the conditions laid down in sub-section
(1) may result in deregistration of a charity.

        (3)     Words in respect of a registered charity of the fact that it is a registered charity shall
be stated in Urdu and English in legible characters along with its registration number,-

                   (a)     in all notices, advertisements, correspondences and other documents issued
                          by or on behalf of the charity and soliciting money or other property for
                          fulfilment of aims and objectives of the charity;

                   (b)    in all bills of exchange, promissory notes, endorsements, cheques and orders
                          for money or goods purporting to be signed on behalf of the charity; and

                   (c)   in all bills rendered by it and in all its invoices, receipts and letters of credit.

                                                 Page 8 of 16
        (4)     Any person who issues or authorizes the issuance of any document falling within
clause (a), (b) or (c) of sub-section (3) in which the fact that the charity is a registered body is not
stated as required by that sub-section, shall be liable to a fine not exceeding one hundred thousand
Rupees.

        10.    Suspension or dissolution of executive bodies of registered charities. —(1) After
making such inquiries as it may deem appropriate, if the registration authority is satisfied that
the registered charity has been responsible for any irregularity in respect of its funds or for any mal-
administration in the conduct of its affairs or has failed to comply with the provisions of this Act or
rules or regulations made thereunder, it may, by order in writing, suspend or dissolve the governing
body thereof.

        (2)   Where a governing body is suspended under sub-section (1), the registration authority
shall appoint an administrator or a caretaker body consisting of not more than five persons, two
from the government and three from the general body of the charity, who shall not be eligible for
any appointment in the governing body for the next term.

        (3)     The administrator or caretaker body appointed under sub-section (2) shall have all the
authority and powers of the governing body under the constitution of the charity to carry out the day
to day activities of the charity.
        (4)    The governing body against which an order of suspension or dissolution is made
under sub-section (1) may make appeal to the appellate authority against such order, which shall
have the power to make such orders as to the re-instatement of the executive body within thirty
days from the date of receipt of such appeal and the decision of the appellant authority shall be final.

        11. De-registration of registered charity. —(1) If at any time, the registration
authority has reason to believe that a registered charity is acting in contravention of its charter or
contrary to any of the provisions of this Act or the rules or the regulations made thereunder
or in a manner prejudicial to the interests of the public, the state or its institutions, it may order that
the charity shall stand de-registered and removed from the register on and from such date as may be
specified in the order:

        Provided that no order under this sub-section shall be made unless an opportunity of being
heard is provided to the charity.

        (2) The executive body of a charity on behalf of that charity against whom an order of de-
registration is made under sub-section (1) may make an appeal to the appellate authority
within thirty days of the receipt of the order, which shall have the power to make such orders as to
the re-instatement or endorsement of the decision of registration authority as it may think fit within
ninety days from the date of receipt of such appeal and the decision thereon of the appellate authority
shall be final.

       12.      Voluntary dissolution of registered charity.—(1) No registered charity shall be
dissolved by the executive body or members thereof.

        (2)      If it is proposed to dissolve any registered charity, not less than three-fifths of its
executive body members may apply to the registration authority in such manner as may be
prescribed, for making an order for the dissolution of such charity.



                                               Page 9 of 16
       (3)    The registration authority may allow de-registration after examination of the charter,
accounts and other prescribed documents of the charity and remove that charity from the register on
and from such date as may be specified in the order.

        (4)      In the event of a delay of more than one hundred and eighty days in the
determination of the application for de-registration moved by a charity, the application shall be
deemed to have been accepted unless reasons for the delay are recorded in writing by the
registration authority. Such delay shall in no case be more than ninety days beyond the
specified original period of one hundred and eighty days.

        (5)     Appeal against an order to de-register or an order refusing to de-register, passed
by the registration authority may be preferred within thirty days of receipt of the order to the
appellate authority for placing the same before appellate authority the decision thereon of which
shall be final.

        13. Consequences of de-registration and voluntary dissolution.—Where any charity
is dissolved or de-registered under section 10 or 11, its registration thereunder shall stand cancelled
on and from the date of the order of dissolution takes effect and the registration authority
may-

               (a)    order any bank or other person who hold moneys, securities or other assets on
                      behalf of the charity not to part with such moneys, securities and assets
                      without the prior permission in writing of the registration authority;

               (b)      appoint a competent person to wind up the affairs of such charity, with
                        power to institute and defend suits and other legal proceedings on behalf
                        of such charity and to make such orders and take such action as may
                        appear to him to be necessary for the purpose; and

               (c)     order any moneys, securities and assets remaining after the satisfaction of all
                       debts and liabilities of such charity to be paid or transferred to such other
                       charity, having objects similar to the objects of the charity, as may be
                       specified in the order.

       14.      Rights of registered charity.— (1) The property, movable and immovable,
belonging to a charity registered under this Act shall be vested in the governing body. In all
proceedings, civil and criminal, such property may be described as the property of charity.

        (2)    Every charity registered under this Act may sue or be sued in the name of the person
or persons authorized and designated, for this purpose by the charter or the rules and regulations of
a charity and in default of such authorization in the name of such person as shall be appointed
by the governing body for the occasion.

        (3)      Every charity registered under this Act may solicit public donations subject to the
fulfilment of conditions, regulations and rules made under this Act and may-

               (a)     apply for tax exemptions in the manner prescribed by the Federal
                       Board of Revenue; and


                                             Page 10 of 16
               (b)     enter into agreements with the state and private parties for the
                       realization of aims and objectives specified in its charter.

        15.      Register of charities.— (1) The registration authority shall, in respect of
certificate of registration issued under this Act, maintain a register containing such particulars as
may be prescribed.

       (2)       The registration authority shall keep a manual register of charities, as well as a
database of all registered charities in an electronic form, which shall be kept in such manner as
may be prescribed.

       (3)   Any charity which ceases to exist or operate shall be removed from the register,
provided a one month notice is served to such a charity to provide it an opportunity to produce
documentary evidence of its existence for the purpose for which it was created.

        (4)      Any charity which does not obtain its annual renewal certificate as required under
section 6 shall deem to be considered an unregistered and illegal entity and its name from the register
shall be removed.

        16.    Appellate authority. —The chief commissioner, Islamabad Capital Territory shall
be the appellate authority to hear and decide appeals preferred under this Act.

        17.      Financial irregularity.— (1) On receipt of a complaint in writing alleging
financial irregularities supported by one-third of the members of the governing body of registered
charity or from a person or body that had contributed more than five percent of the total funds
received by the charity in the last year for which final accounts are available, the registration
authority, after giving the charity an opportunity of being heard, authorize an external auditor to
carry out within sixty days an audit of the charity.
        (2)      Upon authorization of an external audit in terms of sub-section (1), the
registration authority may direct immediate possession of the books of account, ledgers or the
relevant electronically or manually preserved data of the charity by an officer of the
registration authority.

       (3)     The external auditor shall, upon authorization in writing, complete the audit and
submit the audit report within sixty days:

       Provided that registration authority may extend the period of sixty days for another thirty
days on the basis of a request in writing from the external auditor clearly stating the grounds therein.

        (4)    In the event of a complaint being found by the registration authority to be vexatious
or frivolous, the registration authority may impose an administrative fine of up to twenty-five
thousand Rupees on each one of the complainants. In the case of a member of the governing body or
other member or an official of a charity being fined under this sub-section, he shall stand removed
from the office held by him as well as the membership of the charity. Appeal against an order
imposing a fine in terms of this sub-section may be preferred within thirty days of such order to the
appellate authority for placing the same before the appellate authority who shall decide it on merit
and that decision shall be final




                                             Page 11 of 16
        (5)        In the event of the external auditor’s report indicating serious financial
irregularity or irregularities, the registration authority shall provide with the auditor’s report and the
issues required to be addressed by the charity or any of its office bearers or members who shall be
provided due opportunity of being heard. The registration authority, if not convinced with the reply,
may initiate an inquiry. If upon completion of its inquiry, the registration authority is satisfied that
serious financial irregularity has been committed with respect to the affairs of a registered charity, it
may-

               (a)     suspend or remove, after recording reasons in writing one or more members
                       of the governing body or such other members or office bearers thereof
                       as appear to be responsible for the irregularities detected; and

               (b)     initiate civil as well as criminal proceedings against such office bearer or
                       member, including proceedings          for    the    recovery     of     the
                       misappropriated assets.
         (6)     The vacancies caused by removing of the members of the governing body of a charity
shall be filled in accordance with the charter of the charity, but in no case later than sixty days from
the date of removal of the members of the governing body found responsible for financial
irregularities.

       (7) The vacancies created as a result of such suspensions shall be filled up in accordance
with the charter or bye-laws of the charity.

        (8)     Any member of the governing body of the charity or office bearer thereof or any
other member the charity suspended under sub-section (5) shall not act as office-bearer of the charity
during the period of his suspension.

        18.     Fund raising and public solicitation. —(1) Any charity registered under this Act
shall have the authority to indulge into fund-raising activities and seek public solicitation, both local
and foreign.

        (2)     Any charity registered under this Act and undergoing an activity to collect funds
shall ensure that-

               (a)     purposes of solicitations for donations have accurately and
                       transparently been conveyed to donors for which donations are being
                       collected;

               (b)     the projects have actually been carried out for which funds were collected;
                        and

               (c)     the beneficiaries are real and that the intended beneficiaries are the ones
                       for whom funds were actually received.

       (3)     Any person or group of persons, whether the office bearer, employee or a third party,
found involved in collection of funds or public solicitation for or on behalf of an unregistered, illegal
or proscribed entity, shall be liable to punishment of one year imprisonment or fine of two million
Rupees or both.



                                              Page 12 of 16
       (4)       No individual, organization, society, charity, trust, non-governmental
organization (NGO) or non-profit organization (NPO), etc. shall collect or raise funds or
donations for charitable purposes as mentioned in Schedule-I from public through any
campaign using mass media including electronic, social, digital or print media or through banners,
placards, hoardings, public gathering etc. until such society, charity, NGO or NPO etc. is registered
under this Act and any violation of this provision shall attract prosecution for the offences as
mentioned in Schedule-II.

         19.     Opportunity of hearing.— (1) No administrative order or action adversely
affecting any person or charity shall be passed or taken under this Act unless such person or charity
is afforded an opportunity of being heard.

         (2)        After receiving any complaint in writing from any quarter or if the registration
authority itself has information that any of the provisions of this Act has been violated by any person
or charity, such person or charity shall be served with a notice for explanation giving therein the
opportunity of personal hearing and to respond within fifteen days to that notice. In case of no
response, a second notice shall be served. In case that notice is also not responded within ten days
of its issuance, it shall be presumed that the person or charity has nothing to say in his or its defence
and the decision shall be made ex-parte.

       20.     Penalties and procedure.— (1) Any person who—

               (a)    contravenes any of the provisions of this Act or any rule, regulation or order
                      made thereunder shall be punished accordingly; or

               (b)    commits an offence which falls under the Pakistan Penal Code, 1860 (Act
                      V of 1860), the Anti-Terrorism Act, 1997 ( XXVII of 1997), the Anti-Money
                      Laundering Act, 2010 (VII of 2010), the Prevention of Corruption Act, 1947
                      (II of 1947), the Foreign Exchange Regulation Act, 1947 (VII of 1947), the
                      Copyright Ordinance, 1962 (XXXIV of 1962), the Pakistan Arms Ordinance,
                      1965 (W.P. Ord. No. XX of 1965), the Emigration Ordinance, 1979 (XVIII of
                      1979), the Control of Narcotic Substances Act, 1997 (XXV of 1997), the
                      Pakistan Environmental Protection Act, 1997 (XXXIV of 1997), the National
                      Accountability Ordinance, 1999 (XVIII of 1999), the Registered Designs
                      Ordinance, 2000 (XLV of 2000), the Trade Marks Ordinance, 2001 (XIX of
                      2001), the Prevention and Control of Human Trafficking Ordinance, 2002 (LIX
                      of 2002), the Federal Excise Act, 2005, or any other relevant law, for the time
                      being in force, shall be punished accordingly; and
                (c)   contravenes the provision of sub-section (4) of section 18, shall be liable to a
                      fine upto the extent of one million Rupees or imprisonment upto six months or
                      both.

        (2)    When the offence is committed by a charity, every office bearer thereof shall, unless
he proves that the offence was committed without his knowledge or consent, be deemed to be
guilty of such offence.

     (3) Any person convicted under this Act shall stand disqualified for life time for becoming
member of any charity or to seek employment in any charity.




                                              Page 13 of 16
        21.      Indemnity.—No suit, prosecution, or other legal proceeding shall be instituted
against any person for anything that is done in good faith or intended to be done in good faith under
this Act.

        22.       Power to amend the Schedules.— The Government may, by notification in the
official Gazette, amend the Schedules so as to amend therein or omit therefrom or add thereto any
field of social welfare service or, as the case may be, offences of any law.

        23.       Delegation of powers.— The Government may, by notification in the official
Gazette, delegate all or any of its powers under this Act, either generally or in respect of such charity
or class of charities as may be specified in the notification, to any of its officers.

       24.       Power to make rules.— The Government may, by notification in the official
Gazette, make rules, not inconsistent with any provision of this Act, for carrying into effect the
provisions of this Act.

       25. Power to make regulations.— The chief commissioner Islamabad Capital Territory
may make regulations, not inconsistent with any of the provisions of this Act and of the rules made
thereunder, to carry out purposes of this Act.

       26.       Removal of difficulties.— If any difficulty arises in giving effect to any of the
provisions of this Act, the Federal Government may make such order as may be necessary:
     Provided that this power shall not be exercised beyond the period of two years from the
commencement date of this Act.

      27.      Repeal.— The Voluntary Social Welfare Agencies (Registration and Control)
Ordinance, 1961 (XLVI of 1961) is hereby repealed to the extent of Islamabad Capital Territory.




                                              Page 14 of 16
                           THE SCHEDULE-I
                  (Thematic areas of welfare activities)
                            [See section 2]

1.   Child welfare;

2.   Youth welfare;

3.   Women’s welfare;

4.   Welfare, training and rehabilitation of the persons with disabilities;

5.   Family planning and population welfare;

6.   Recreational programmes intended to keep people away from anti-
     social activities;
7.   Civic education, aimed at developing sense of civic responsibility;

8.   Welfare and rehabilitation of prisoners;

9.   Welfare of juvenile delinquents;

10. Welfare of the beggars and destitute;

11. Welfare and rehabilitation of patients;

12. Welfare of the aged and infirm;

13. Training and capacity building of personnel engaged in social services delivery;

14. Environment protection and related issues;

15. Drug abuse and narcotics;

16. Social research;

17. Human rights;

18. Religious education, interfaith and sectarian harmony;

19. Education;

20. Health and reproductive health;

21. Poverty alleviation;

22. Cultural heritage and promoting culture of Pakistan;

23. Vocational and professional training; and

24. De-radicalization and counter violent extremism.



                               Page 15 of 16
                         SCHEDULE-II
                          OFFENCES

1. The Pakistan Penal Code, 1860 (Act V of 1860);

2. The Anti-Terrorism Act, 1997 (XXVII of 1997);

3. The Anti-Money Laundering Act, 2010 (VII of 2010);

4. The Prevention of Corruption Act, 1947 (II of 1947);

5. The Foreign Exchange Regulation Act, 1947 (VII of 1947);


                          __________________




                             Page 16 of 16


Source: Pakistan Code, Ministry of Law and Justice (pakistancode.gov.pk). Text on this page is reproduced verbatim from the official PDF and is provided for reference only. For the authoritative version, always consult the source document or a current reported edition.

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