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Organizations (Control of Assistance) Act

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CHAPTER 116 THE ORGANISATIONS (CONTROL OF ASSISTANCE)
ACTCHAPTER 116
THE ORGANISATIONS (CONTROL OF ASSISTANCE) ACT

ARRANGEMENT OF SECTIONS

Section
1. Short title
2. Interpretation
3. Authorisation of public officers to assist Registrar
4. Prohibition of certain forms of assistance
5. Offence
6. Application to High Court to invoke penalties
7. Effect of order under section 6
8. Recovery of amount ordered to be paid
9. Evidence and information
10. Offences
11. Legal proceedings

CHAPTER 116

ORGANISATIONS (CONTROL OF ASSISTANCE) 11 of 1966
13 of 1994

An Act to regulate the giving of assistance to organisations by foreign governments; to
create offences in relation thereto; and to pr ovide for matters incidental to or connected
with the foregoing.
[22nd April, 1966]

1. This Act may be cited as the Organi sations (Control of Assistance) Act. Short
title

2. (1) In this Act, unless the context otherwise requires-
“assistance” means assistance in the form of cash, gifts, loans, donations, property, travel
vouchers or tickets:
Provided that the President may declare any form of assistance to be excluded
from the operation of this definition;

“foreign government” means-
(a) a government other than the Government;
(b) any international body or agency;
and any other association or organisation declared by the President to be a foreign
government for the purposes of this Act;
“office-bearer”, in relation to any organi sation, means a member of the governing or
executive body of the organisation;
“officer”, in relation to any organisation, m eans any person working for the organisation;
“organisation” means any association of persons, incorporated or unincorporated (and
whether or not it has been established or re gistered in accordance with any written law)
having, in the opinion of the Pres ident, objects of a political nature and declared by the
President to be an organisati on for the purposes of this Act;
“Registrar” means the Registrar of Societies. Interpretation

(2) Where the President declares an organisation to be an organisation for the purposes
of this Act, such declaration shall not ope rate so as to include any branch of the
organisation so declared unless such branch is mentioned in the said declaration.

(3) Any reference in this Act to the “Registr ar” shall, except in section six and subject to
the provisions of subsection (2 ) of section three, be deemed to include a reference to a
person authorised in pursuance of the provisions of section three, and accordingly, where
any power is conferred or duty is imposed on the Registrar, such power or duty may be
exercised or performed by a pers on authorised as aforesaid.

3. (1) The President may, by statutory in strument, authorise such number of public
officers as he may deem necessary to assist the Registrar in the performance of his
functions. Authorisation of public officers to assist Registrar

(2) The President may attach such conditi ons as he may deem appropriate to any
authorisation given by him under subs ection (1) to a public officer.

4. (1) No organisation shall, except with the prior approval of the President in writing,
accept assistance from any foreign government or from any agency or person acting on
behalf of any foreign government. Prohibition of certain form s of assistance

(2) Acceptance by an office-bearer, or by an officer, of an organisation of assistance,
without the prior approval of the President in writing sha ll, for all purposes, be treated as
acceptance by the organisation concerned of such assistance.

(3) The approval of the President under this section may be given generally or in respect
of any particular transaction invol ving the giving of assistance.

5. Where an organisation accepts assistance contrary to the provisions of section four,
all the office-bearers of the organisation a nd any officer thereof who accepted assistance
shall be guilty of an offence and liable on conviction to imprisonment for a period not
exceeding two years: Offence

Provided that it shall be sufficient defence if an office-bearer proves to the satisfaction of
the court that the assistance was received w ithout his knowledge or consent and that the
contravention of section four did not arise from want of due care or caution on his part.

6. (1) Where an organisation accepts assistan ce contrary to the provisions of section
four, the Attorney-General may make applic ation to the High Court for the purpose of
invoking the penalties referred to in subsection (2). Application to High Court to invoke
penalties

(2) If on application made to it the High Court is satisfied that an organisation has
accepted assistance contrary to the provisions of section four, it may by order direct-

(a) that the organisati on be wound up; or

(b) that the organisation pay to the Registra r the amount of such assistance or such
amount as it considers represents th e value of such assistance:

Provided that where application is made under this section in respect of an organisation
and an order has been made under this sec tion against the organisation on a previous
occasion, the High Court shall, if satisfied as aforesaid, make an order under paragraph
(a).

(3) The Chief Justice may, by statutory instru ment, make rules prescribing the procedure
to be followed in any applicati on made under this section.

7. (1) An order under paragraph (a) of subsection (2) of section six shall operate so as to
vest the property, real and pe rsonal, of the organisation conc erned in the Registrar and he
shall proceed to wind up the affairs of such organisation, and if, after satisfying and
providing for all the debts and liabilities of the organisation and the cost of winding up,
there are any surplus assets, the Registrar shall prepare and submit to the Minister
responsible for finance a scheme for the applicat ion of such surplus assets. Effect of order
under section 6

(2) Where it is necessary that any entry be made in or on any book, register, title deed or
other document in order to effect the vesting of any property in the Registrar in pursuance
of an order made under the prov isions of paragraph (a) of subsection (2) of section six,
such entry shall, on the production of such orde r, be made, by the person whose duty it is
to make such entry, without the payment of any fee or duty in respect thereof.

(3) A scheme submitted to the Minister responsible for finance under subsection (1) may
be varied or amended by him in such manner as he may think proper in the circumstances
of the case, and the approval of the Minister to such scheme shall be denoted by the
endorsement thereon of such approval signed by the Permanent Secretary, Ministry of
Finance, and thereupon the surplus assets, the subject of the scheme, shall be held by the
Registrar upon the terms and for th e purposes thereby prescribed.

(4) For the purposes of winding up the affair s of an organisation under the provisions of
this section, the Registrar shall have all the powers vested in the Official Receiver for the
purpose of discovering the property of a de btor and the realisation thereof.

8. Any amount ordered to be paid under th e provisions of paragraph (b) of subsection
(2) of section six shall be r ecoverable in every respect as if it were compensation ordered
to be paid under section one hundred and seve nty-five of the Criminal Procedure Code.
Recovery of amount ordered to be paid
Cap. 88

9. (1) The President may give to any person directions requiring him, within such time
and in such manner as may be specified in the directions, to furnish to the President or to
any person designated in the directions, any information in his possession or control
which in the opinion of the President is requ ired for the purpose of securing compliance
with, or detecting evas ion of, this Act. Evidence and information

(2) A person required by any such directions as aforesaid to furnish information shall
also produce such books, accounts or other docum ents in his possession or control as may

be required for the said purpose by the President or by the person designated by the
President.

(3) Nothing in this section shall be taken to require any person who has acted as counsel
or solicitor for any person to disclose any privileged communication made to him in that
capacity.

10. (1) Any person who- Offences

(a) fails to give information or produce books, accounts or other documents when
required to do so under the pr ovisions of section nine;

(b) with intent to evade the provisions of this Act, destroys, mutilates, defaces,
secretes or removes any books, accounts or other documents;

(c) obstructs any person lawfully perf orming any functions under this Act;
shall be guilty of an offence and liable on conviction to a fine not exceeding fifteen
thousand penalty units or to imprisonment for a period not exceeding two years, or to
both.

(2) On the conviction of a person for fa iling to give information or produce books,
accounts or other documents when required so to do under the provisions of section nine,
the court may direct such person within such period as may be specified in the direction
to comply with the requirement to give th e information or produce the books, accounts or
other documents.
(As amended by Act No. 13 of 1994)

11. Any document purporting to be a direction given under section ni ne, or to be a copy
thereof, shall be receivable in evidence to prove the matter stated therein. Legal
proceedings

SUBSIDIARY LEGISLATION

ORGANISATIONS (CONTROL OF ASSISTANCE) CAP. 116

SECTION 6 (3)-THE ORGANISATIONS (CONTROL OF ASSISTANCE)
(PENALTIES) RULES Statutory Instrument
206 of 1967

Rules by the Chief Justice

1. These Rules may be cited as the Orga nisations (Control of Assistance) (Penalties)
Rules. Title

2. In these Rules, “application” means an application made under section six of the Act.
Interpretation

3. An application shall be made by notice in the form set out in the Schedule. Form
of notice

4. A copy of the notice shall, not less than fourteen days before the date set down for
the hearing of the application, be served on the organisation against which an order is
sought. Such service may be effected by leavin g the notice at, or sending it by registered
post to, the registered office of the organisa tion, or where there is no such registered
office, a place where the organisation ordinarily carries out its functions. Service of
notice

5. The application may be supported by oral evidence, provided that, in its discretion,
the High Court may allow evidence on affidavit. Procedure

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