Skip to main content

The Voluntary Social Welfare Agencies (Registration and Control) Ordinance

Voluntary Social Welfare Agencies,(Registration and Control) Ordinance 1961.
T HE
V OLUNTARY S OCIAL W ELFAR E A GENCIES
(REGISTRATION AND CONTROL )
Ordinance, 1961
Ordinance no, XLVI OF 1961

An ordinance to provide for the registration and control of voluntary social welfare
agencies.

Whereas it is expedient to provide for the registration and control of voluntary
social welfare agencies, and fo r matters ancillary thereto;
Now, therefore, in pursuance of the Proc lamation of the seventh day of October,
1958, and in exercise of all powers enabling him in that beha lf, the President is pleased to
make and promulgate the following Ordinance: –
1. Short title and commencement. – (1) This ordinance may be called the
Voluntary Social Welfare Agencies (Reg istration and Control) Ordinance, 1961.
2. It extends to the whole of Pakistan.
3. It shall come into force on such date as the Provincial Government may,
by notification in the official G azette, appoint in this behalf.
2. Definitions. – In this ordinance, unless there is anything repugnant in the subject
or context:-
(a) “Agency” means a voluntary Social welfare agency, and includes any
branch of such agency;
(b) “Governing” body means the council, committee, trustees or other body,
by whatever name called, to whom, by the constitution of the agency, its
executive functions and the manageme nt of its affairs are entrusted;
(c) “prescribed” means prescribed by rules made under section 19;

1

Voluntary Social Welfare Agencies,(Registration and Control) Ordinance 1961.
(d) “Register” means the register mainta ined under section 4, and “registered”
shall mean registered under this Ordinance;
(e) “Registration Authority” means an o fficer authorised by the provincial
Government, by notification in official Gazette, to exercise all or any of
the powers of the Registration Authority under this ordinance;
(f) “Voluntary social welfare agency” m eans an organisation, association or
undertaking established by persons of their own free will for the purpose
of rendering welfare services in any one or more of the fields mentioned in
the Schedule and depending for its resources on public subscriptions,
donations or Government aid.

3. Prohibition against establishing or continuing an agency without
registration .-No agency shall be established or continued except in accordance
with the provisions of this Ordinance.

4 Application for registration , etc.
(1) Any person intending to establish an agency and any person intending tha
t an
agency already in existence should be cont inued as such, shall, in the prescribed
form, and on payment of the prescribed fee, made an application to the
Registration Authority, accompanied by a c opy of the constitution of the agency,
and such other documents as may be prescribed.
(2) The Registration Authority may, on receipt of the application, make such
enquiries as it considers necessary, and e ither grants the application, or, for
reasons to be recorded in writing, reject it.
(3) If the Registration Authority grants th e application, it shall issue, in the
prescribed form, a certificate of registration to the applicant.
(4) The Registration Authority shall maintain a register, containing such particulars
as may be prescribed, of all certific ates issued under sub-section (3).

2

Voluntary Social Welfare Agencies,(Registration and Control) Ordinance 1961.
5. Establishment and continuance of agency

(1) An agency not in existence on the coming into force of this Ordinance
shall be established only after certifi cate of registration has been issued
under sub-section (3) of section 4.
(2) An Agency already in existence shall not be continued for more than six
months from the date on which this Or dinance comes into force, unless an
application for its registration has, within thirty days of such date, been
made under sub-secti on (1) of section4.
(3) Where an application as aforesaid has been made in respect of an existing
agency, and such application is reje cted, then notwithstanding the period
of six months provided in sub-section (2), the agency may be continued
for period of thirty days from the date on which the application in rejected,
or if an appeal is preferred under se ction 6, until such appeal in dismissed.

6. Appeal. If the Registration Authority reject s an application for registration, the
applicant may, within thirty days from th e date of the order of the Registration
Authority, prefer an appeal to the Provincial Government, and the order passed by
the Provincial Government shall be final and given effect to by the Registration
Authority.

7. Conditions to be complied with by registered agencies . (1) Every Registered
Agency shall-
(a) maintain audited accounts in the manner laid down buy the Registration
Authority.
(b) at such time and in such manner as may be prescribed, submit its Annual Report
and audited accounts to the Registration Authority and publish the same for
general information;
(c) pay all moneys received by it into a separate account kept in its name at such bank
or banks as may be approved by the Registration Authority; and

3

Voluntary Social Welfare Agencies,(Registration and Control) Ordinance 1961.
(d) furnish to the Registration Authority such particulars with regard to accounts and
other records as the Registration Authority may from time require.
(2) The Registration Authority, or any officer duly authorised by it in this behalf, may
at all reasonable times inspect the books of account and other records of the agency, the
securities, cash and other properties held by the agency, and all documents relating
thereto.

8. Amendment of the constitution of registered agency
(1) NO amendment of the constitution of a registered agency shall be valid
unless it has been proved by the Regi stration Authority, for which purpose a
copy of the amendment shall be forwar ded to the Registration Authority.
(2) If the Registration Authority is satisfied that any amendment of the
constitution is not contrary to any of the provisions of this Ordinance or the
rules made thereunder, it may, if it thinks fit, approve the amendment.
(3) Where the Registration Authority approves an amendment of the
constitution, it shall issue to the agen cy a copy of the amendment certified
by it, which shall be conclusive evid ence that the same is duly approved.

9. Suspension or dissolution of governing bodies of registered agencies.
(1) If, after making such enquiries as it may think fit the Registration
Authority is satisfied that a registration agency has been responsible for any
irregularity in respect of its funds or for an maladministr ation in the conduct of its
affairs or has failed to comply with the provisions of the Ordinance or the rules
made thereunder, it may, by order in writing, suspend the governing body.
(2) Where a governing body is suspended unde r sub-section (1), the Registration
authority shall appoint an administrator, or a caretaker body consisting of not
more than five persons, who shall have all the authority and powers of t
he
governing body under the constitution of the agency.
(3) Every order of suspension order su b-Section (1) shall be placed by the
Registration Authority before a Board, cons isting of not more than five persons,
constituted by the Provincial Government for the purpose, which shall have the

4

Voluntary Social Welfare Agencies,(Registration and Control) Ordinance 1961.
power to make such order as to re-instatement, or the dissolution and
reconstitution, of the governing body, as it may think fit.
(4) The governing body against whom an order of dissolution and reconstitution
made under sub-section (3) may appeal to the Provincial Government, within
thirty days from the date of such or der, and the decision of the Provincial
Government shall be final and shall not be called in question in any court.

10. Dissolution of registered agency. -(1) If at any time the Registration Authority
has reason the believe that a registered ag ency is acting in contravention of its
constitution, or contrary to any of the provisions of th ese Ordinance or the rules
made thereunder, or in a manner prejudici al to the interests of the public, it may
after giving such opportunity to the agency of being heard as it thinks fit, make a
report thereon to the Provincial Government.
(2) The Provincial Government, if satisfied after considering the report that it is
necessary of proper to do so, may order that the agency shall stand dissolved on and from
such date as may be specified in the order.

11. Voluntary dissolution of registered agency .-(1) No registered agency shall be
dissolved by the governing body or members thereof.
(2) If it is proposed to disso lve any registered agency not less than three-fifths of its
members may apply to the Provincial Gove rnment in such manners as may be
prescribed, for making an order fo r the dissolution of such agency.
(3) The provincial Government is satisfied after considering the application that it is
proper to do so may order that the agency shall stand dissolved on and from such
date as may be specified in the order.

12. Consequences of dissolution.-(1) Where any agency is dissolved under this Ordinance, its registration thereunder shall stand cancelled on and from the date of
the order of dissolution takes effect, and the Provin cial Government may-

5

Voluntary Social Welfare Agencies,(Registration and Control) Ordinance 1961.
(a) order bank or other person who holds m oneys securities or other assists on
behalf of the agency not to part with such moneys, securities and assists
without the previous permission in wr iting of the Provincial Government.
(b) appointment a competent person to wind up the affairs of the agency, with
power to institute and defend suits and other legal proceeding on behalf of the
agency 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 assists remaining after the satisfaction of all
debts and liabilities of th e agency to be paid or transferred to such other
agency, having objects similar toe the objects of the agency, as may be
specified in the order.

(2) Order made by the person appointed under clause (b) of sub-section (1) shall,
on application, be enforceable by any Civil Court having local jurisdiction in
the same manners as a decree of such Court.

13. Inspection of documents, etc.- Any person may on payment of the prescribed fee
inspect at the office of the Registrati on Authority any document relating to a
registered agency, or obtain a copy of or an extract from any such document.

14. Penalties and procedure. -(1) Any person who-
(a) contravenes any of the provisi ons of this Ordinance, or any rule or order made
thereunder; or
(b) in any application for registration under this Ordinance, or in any report or
statement submitted to the Registration Authority or published for general
information thereunder, makes any false statement or false representation;
shall be punishable with imprisonment for a term which may extend to six months, or
with fine which may extend to two thousand rupees or with both.
(2) Where the person committing an offence under this Ordinance, is a company,
or other body corporate, or an association of persons, every director, manager, secretary

6

Voluntary Social Welfare Agencies,(Registration and Control) Ordinance 1961.
and other officer thereof shall, unless he proves that the offence was committed without
his knowledge or consent be deemed to be guilty of such offence.
(3) No Court shall take cognisance of an offence under this Ordinance except
upon
complaint in writing made by the Regi stration Authority, or by an officer
authorised by it in this behalf.

15. Indemnity- No suit, prosecution or other legal pr oceeding shall lie against any person
for anything which is in good faith done or intended to be done under this ordinance.
16. Power to amend Schedule . The Provincial Government may, by notification in the
official Gazette, amend the Schedule so as to include therein or exclude therefrom any
field of social welfare service.
17. Power to exempt . – The Provincial Government may, by notification in the official
Gazette, exempt any agency or class of agenci es from the operation of all or any of the
provisions of this ordinance.
18. Delegation of powers. The Provincial Government may be notification in the official
Gazette delegate, all or any of its powers under this Ordinance, either generally, or in
respect of such agency or class of agencies as may be specified in the notification, to
any of its officers.
19. Rules . The Provincial government may, by notif ication in the official Gazette,
make rules for carrying into effect the provision of this Ordinance.

THE SCHEDULE
See Section 2(f)

i. Child welfare.
ii. Youth welfare.
iii. Women’s welfare.
iv. Welfare of the physically and mentally handicapped.
v. Family planning.

7

Voluntary Social Welfare Agencies,(Registration and Control) Ordinance 1961.
vi. Recreational programmes intended to keep people way from anti-social
activities.
vii. Social education, that is, education of adults aimed at developing sense of
civic responsibility.
viii. Welfare and rehabilitation of released prisoners.
ix. Welfare of juvenile delinquents.
x. Welfare of the socially handicapped.
xi. Welfare of the beggars and destitutes.
xii. Welfare and rehabilitation of patients.
xiii. Welfare of the aged and infirm.
xiv. Training in social work.
xv. Co–ordination of social welfare agencies.

8

-->