Wednesday, 28 December 2011

Farmer menaced with death threats by gang of travellers dials 999... and police turn up to confiscate her shotguns

Officers took 35 minutes to arrive after she was threatened with chainsaws and knives
  • She was pelted with rocks while a youth threatened to slit her throat and slaughter her cattle
Treated like a criminal: Terminally ill Tracy St. Clair Pearce was pelted with rocks by some of the travellers while a youth threatened to slit her throat and slaughter her cattle
Treated like a criminal: Terminally ill Tracy St. Clair Pearce was pelted with rocks by some of the travellers while a youth threatened to slit her throat and slaughter her cattle
Having confronted travellers cutting down trees on her farm, terminally-ill Tracy St Clair Pearce found herself subjected to a terrifying ordeal.
Some of the group pelted her with rocks while a youth threatened to slit her throat and slaughter her cattle.
When she dialled 999 she expected the full weight of the law to be on her side.
Instead, however, police officers criticised her for inflaming the situation and confiscated her legally held shotguns – even though they had been locked away in a cabinet at home throughout the incident.
Yesterday, the 50-year-old accused police of causing her ‘harassment and distress’ when she should have been given protection.
‘I’ve been treated like a criminal,’ said Miss St Clair Pearce, who has been given months to live after breast cancer spread to her spine.
The incident blew up after around 18 caravans set up camp illegally in a field owned by Colchester Council last Thursday.
Miss St Clair Pearce, who lives on the adjoining Seven Saints Rare Breeds farm with her brother, Stuart, had a good-natured conversation with one traveller who assured her they would be no trouble and would move on within a couple of days.
But at 7pm on Good Friday she was spraying weeds on the 34-acre farm, where she has ten rare Shetland cattle and three horses, when she heard a chainsaw and found four boys felling trees for firewood.
‘I started shouting “Get out” but they just stood there in my field,’ she said. ‘I said I would spray them with the weed killer and one in a red T-shirt, who was about 14, went ballistic. The language coming out of his mouth was unbelievable.

 
‘I had a short-bladed knife in my hand for the weed removal and he took that as a challenge. He picked up a fence post and hurled it at me. He then screamed “I will slit your throat, I will slit the throats of your calves and cows”. We were face to face and he slid his finger across his throat.’
Miss St Clair Pearce stood her ground and the youth retreated across the brook that marks the border of her land but by this time several traveller men and a woman had come over.
Threats: The incident blew up after around 18 caravans set up camp illegally in a field owned by Colchester Council last Thursday
Threats: The incident blew up after around 18 caravans set up camp illegally in a field owned by Colchester Council last Thursday
One was the boy’s father, who used ‘sexually explicit language’ before turning away when asked if he was proud of his son. ‘About eight people were still there and they exposed themselves to me, front and back. Then they started throwing rocks at me so I backed off,’ added Miss St Clair Pearce.
Shaken by the confrontation, she called police and waited 35 minutes for a patrol car to arrive before spending three hours giving a statement. An inspector arrived at 11.30pm but questioned her own conduct, accusing her of making threats against the travellers. ‘They said I had been aggressive, the chainsaw was of no consequence, and I should have politely asked them to remove themselves from my premises then walked away and called 999,’ said Miss St Clair Pearce.
Officers eventually visited the camp that evening and the following morning but told her they were unable to find the teenager who had threatened her.
On Easter Monday she was at a dog show when she received a call from Colchester councillor Gerard Oxford, whom she had contacted for advice, and was told police wanted to confiscate her two shotguns.
She refused to start the two-hour journey home immediately and officers began turning up at the farmhouse ‘every couple of hours’ in an attempt to seize the legally held shotguns.
Despite being threatened with chainsaws and knives, police confiscated Mrs St Clair Pearce's shotgun (file picture)
Despite being threatened with chainsaws and knives, police confiscated Mrs St Clair Pearce's shotgun (file picture)
At 3.15am yesterday armed officers appeared and demanded the firearms otherwise they would ‘pull the cabinet from the wall’.
Left with no choice, Miss St Clair Pearce told her brother where she kept the key and he handed the weapons over.
Officers returned later yesterday and confiscated her gun licence to ‘prevent me buying another shotgun’.
Her brother said: ‘I am in shock. I thought the laws in this country protected people who live and work in their communities – not those who visit for a short time and think they are beyond the law.’
The travellers refused to comment when approached yesterday.
Mr Oxford said: ‘The way Tracy has been treated has been quite appalling. It was quite evident the officers were putting more weight on making sure that the travellers were ok than the threats which had been made to Tracy’s life.’
Essex police confirmed they had not yet arrested anyone in connection with the incident.
A spokesman said: ‘Officers became concerned at the behaviour of a woman and laid information before magistrates accordingly.
‘They were given powers to seize guns in her possession and have done so as a sensible precaution in the circumstances.’

Saturday, 24 December 2011

Pakistan Christian Marriage & Dissolution


Christian marriage is a voluntary union for life between a man and a woman, to the exclusion of all others. Family matters among the Christian community are dealt with by the Christian Marriages Act of 1872 and the Divorce Act of 1869. One of the problems facing the community is the contradiction between the Christian Marriage Act and the Child Marriage Restraint Act of 1929 which sets the minimum age for marriage.


Essentials
  • Minimum age: girl: exceeding 13 years boy: exceeding 16 years
  • either party to be Christian (in practice priests do not solemnise marriages unless both parties are Christian)
  • free consent of both in public before 2 witnesses* see note below
  • notice of marriage three consecutive calendar months before marriage
  • registration of marriage with Registrar
  • certificate of marriage
  • solemnised in church, or with special permission, at private residence.
  • Prohibited: certain marriages between relatives (related by blood and by affinity) are prohibited but these are not clearly defined in the Act
Note:   
  • according to the Act (Sec.19 & 60), if either of the spouses has not exceeded 18 years of age the certificate of marriage will not be issued unless the consent of the father/guardian/mother has been given.
  • polygamy is strictly prohibited among Christians


Who Can Somnise Marriage ?
  • any person who has received Episcopal ordination provided the marriage is solemnised in accordance with rules, rites, ceremonies, customs of the church of which he is a Minister
  • any clergy of the Church of Scotland * see note below
  • any minister of religion holding a licence under the Christian Marriages Act
  • a Marriage Registrar appointed under the Act
  • any person appointed under the Act to grant certificate of marriage to native Christians
Note:    there is now no Church of England or Scotland in Pakistan. It is known as the Church of Pakistan


Penalities for Violation:


There are strong penalties of fine and imprisonment (in some instances up to 10 years) for violation of the . provisions in the Christian Marriages Act by the parties and/or the Registrar. However implementation is very rare.


Dissolution of Christian Marriage:


Since marriage among Christians is regarded as a holy union, the primary concept of dissolution of marriage is through the death of one of the spouses and divorce during their lifetime is permitted only on very restricted grounds for both husband and wife. There is no concept of unilateral divorce and the courts have to be approached (although in practice, the Church does also grant dissolution of marriage).


Procedure for Divorce    
                                   
by husband under Sec.10 of the Divorce Act 1869 in the Family Court
Grounds: wife guilty of adultery
____________________________________


Procedure for Divorce


by wife under Sec.10 of the Divorce Act 1869 in the Family Court
Grounds:
husband guilty of adultery and

since solemnisation of marriage husband converts to another religion; or

husband is guilty of incestuous adultery; or

husband is guilty of bigamy with adultery; or

husband is guilty of marriage with another woman with adultery; or

husband is guilty of rape, sodomy or bestiality; or

husband is guilty of adultery coupled with cruelty

husband is guilty of adultery coupled with desertion without reasonable cause for 2 years or more
____________________________________


Nullity of Marriage & Judicial Separation


Nullity of Marriage: Any wife or husband can approach the courts to have her/his marriage declared null and void on any of the following grounds under Sec 18 & 19 of the Divorce Act 1869 (the children of an annulled marriage however are legitimate and can inherit):
  • husband was impotent at the time of marriage and remains so
  • husband and wife fall within the prohibited degrees of consanguinity (natural & legal) or affinity
  • husband or wife was a lunatic or idiot at the time of marriage
  • former husband or wife of spouse is living and former marriage was still in tact
  • consent of husband or wife for marriage was taken by force or fraud
Judicial Separation: The wife or the husband can approach the courts to seek a judicial separation onthe grounds of adultery or cruelty or desertion without reasonable cause for 2 years or more.

Friday, 23 December 2011

What is a Civil Case?

A civil case is the one having civil nature of dispute between the parties. There are many kinds of civil cases which are mainly governed under the code of civil procedure, 1908 in Pakistan. Civil cases usually take longer time because many of them demand reconciliation and agreements between the parties to some extent. Another aspect is that the remedy in civil cases is mostly in shape of damages or they demand acts which should be done in consequences. Parties are usually not penalized in the civil cases which makes them longer.
Code of civil procedure, 1908 is an obsolete act and it should also be repealed. There are many flaws in this enactment which delay the process of justice. The civil cases keep lingering on and in most of the cases the plaintiff dies because his/her entire life is wasted fighting a civil case.
Some of the examples of civil cases include partition matters, suits for declaration, suits for permanent injunctions, suits against personal wrongs, suits under the law of torts, suits related with specific performance of contracts, succession matters and so on.

Criminal Procedure Code should be repealed

The code of criminal procedure 1898 is still the main statute that governs the criminal process of justice in Pakistan. That statute has been written and promulgated over 112 years ago. That statute was never a perfect one and for the same reasons it has many flaws in this current era. It should be repealed and a fresh criminal procedure code should be implemented according to the requirements of this era.
Code of criminal procedure 1898 is one of the bones of contention in the administration of justice in Pakistan. One of the main reasons because of which the innocent have to spend long times in the jails is this statute. Similarly many professional offenders take benefit because of the deficiencies in the law.
This era demands a new enactment from the parliament that can speed up the process of justice in the Pakistani courts. There are many problems faced by the people because of problems in Criminal Procedure code from the start of criminal trial till the end and many judgements from the superior courts highlight that again and again.

Monday, 19 December 2011

Corporate Lawyer Islamabad

I am one of the best corporate lawyer based in Islamabad. I can guide you in company matters, contracts, agreements, memorandum of understandings, bids, tenders, company registration, firm registration, ngo registration, npo registration, society registration, banking laws, employment laws and in many other similar corporate matters.
You can consult me at your own convenience. My contact details are mentioned on the right side of this page.

Regards,
Salman Khan Golra
Corporate Lawyer

Civil Lawyer Islamabad

I am a professional civil lawyer based in Islamabad, Pakistan. I have dealt in the disputed properties, partition matters, recovery of money cases, specific performance of contracts, inheritance matters, service matters, declaration suits, civil appeals, order 37 suits, civil revisions and many other cases of similar nature in recent years.
A fact is that civil cases usually take good time which means there is a delay in procedural justice. For the same reasons i suggest many people to not to file cases when the expected relief is not good.

Divorce Lawyer in Islamabad

I am a divorce lawyer in Islamabad because it is one of my specialty areas. I am very much familiar with the grounds of Khula and i am in habit of guiding various people free of cost even when they do not hire my services. I always prefer to save homes because divorce is not considered good in Islam. However when there are no reasonable grounds for reconciliation under the Islamic law then i prefer to help in the most perfect manner.
Usually a khula case takes time between 3 to six months depending upon the circumstances of the case. You can always consult me free of cost on the phone, on the email or by visiting my office personally at Islamabad.


Regards,
Salman Khan Golra
Advocate

Family Lawyer Islamabad

If you are looking for a family lawyer in Islamabad then probably i am the best person you can choose. I have plenty of experience in dealing with family cases related with Khulla, dessolution of marriage, talaq, restitution of conjugal rights, child custody, writ of habeas corpus and so on.
I have good grip on Shariah Law as well as Pakistani legal system. I always prefer reconciliation between the parties at the first instance if the matter is reconcilable. You can always visit my office for free consultation as i charge nothing for consultation and i charge a nominal fee for family suits depending upon the nature of cases.

Criminal Lawyer in Islamabad

If you are looking for criminal lawyer in Islamabad then you can hire my services. I have experience in dealing with matters including various offenses under Pakistan Penal Code. I have appeared in the criminal trials of 302, 324, 337, 395, 392, 411, 420, 468, 471, 506, 406, 489-F and many other offenses covered under PPC. Similarly i have pleaded matters regarding drug act, control of narcotics substance act, hadood ordinance, 9-C and 9-B. I am a young lawyer in Islamabad which means i can perform with lots of energy and hard work if i get a reasonable fee according to the merits of a case.

Lawyer in Islamabad

If you are looking for a family lawyer, corporate lawyer, civil lawyer, criminal lawyer or an immigration lawyer in Islamabad then you can contact me. I have three years experience in all these niches of law. I am currently appearing in the courts of Islamabad and Rawalpindi and i offer free consultation on all legal matters. I only charge fee for services which i render to my clients.

Regards,
Salman Khan Golra
Advocate

Sunday, 18 December 2011

Article 6 of the Constitution of Islamic Republic of Pakistan

6. High treason.

[4A][(1)Any person who abrogates or subverts or suspends or holds in abeyance, or attempts or conspires to abrogate or subvert or suspend or hold in abeyance, the Constitution by use of force or show of force or by any other unconstitutional means shall be guilty of high treason.]
(2) Any person aiding or abetting [4B][or collaborating] the acts mentioned in clause (1) shall likewise be guilty of high treason.
[4C][(2A)An act of high treason mentioned in clause (1) or clause (2) shall not be validated by any court including the Supreme Court and a High Court.]
(3) [5] [Majlis-e-Shoora (Parliament)] shall by law provide for the punishment of persons found guilty of high treason.

Article 47 of Constitution of Islamic Republic of Pakistan


47. Removal [22][or impeachment] of President.
[22A](1) Notwithstanding anything contained in the Constitution, the President may, in accordance with the provisions of this Article, be removed from office on the ground of physical or mental incapacity or impeached on a charge of violating the Constitution or gross misconduct.
(2) Not less than one-half of the total membership of either House may give to the Speaker of the National Assembly or, as the case may be, the Chairman written notice of its intention to move a resolution for the removal of, or, as the case may be, to impeach, the President; and such notice shall set out the particulars of his incapacity or of the charge against him.]
(3) If a notice under clause (2) is received by the Chairman, he shall transmit it forthwith to the Speaker.
(4) The Speaker shall, within three days of the receipt of a notice under clause (2) or clause (3), cause a copy of the notice to be transmitted to the President.
(5) The Speaker shall summon the two Houses to meet in a joint sitting not earlier than seven days and not later than fourteen days after the receipt of the notice by him.
(6) The joint sitting may investigate or cause to be investigated the ground or the charge upon which the notice is founded.
(7) The President shall have the right to appear and be represented during the investigation, if any, and before the joint sitting.
(8) If, after consideration of the result of the investigation, if any, a resolution is passed at the joint sitting by the votes of not less than two-thirds of the total membership of [23][Majlis-e-Shoora (Parliament)] declaring that the President is unfit to hold the office due to incapacity or is guilty of violating the Constitution or of gross misconduct, the President shall cease to hold office immediately on the passing of the resolution.

Friday, 16 December 2011

Study visa process for germany

EU citizens and citizens from some other countries (Honduras, Island, Liechtenstein, Monaco, Norway, San Marino, Switzerland and the United States) do not need a visa to enter Germany. Everybody else must apply for a visa for study purposes via the German diplomatic representation in their home country. Students must not under any circumstances travel to Germany on a tourist visa. If students have intention to study in Germany but have Tourist Visa then Tourist visa cannot be transformed into Student or Applicant visa.
What conditions must students meet in order to get a student visa for study purposes?
  1. Students must possess a passport valid for the entire period of their proposed stay in Germany
  2. Students must present their notification of admission to a German higher education institution or preparatory course (Studienkolleg).
  3. Students must prove that he/she have sufficient financial means at their disposal. Further information is available from the German diplomatic representation in student's home country.
Can Students get a visa if they have not yet been admitted to a German higher education institution?
Yes, they can apply for a study applicant visa which is valid for 3 months and which can be converted into a full-fledged study visa for academic and research purposes after they have been admitted to a higher education institution.
Do Students need a visa if they wish to attend a language course in Germany?
Yes, students would need the language course visa. However it is only valid for the duration of the language course and cannot be converted into a visa for study purposes.

Friday, 9 December 2011

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Saturday, 26 November 2011

The basics of Visa

What Is Visa?
Visa is a permission granted by any country to enter that country. For securing the Visa of any country, you have to apply to the consulate office of that country in your own country. Visa granted by a foreign country may be of various types, with different conditions attached to each of them. A Transit Visa allows you to stay in that country just for a day or two, while a Tourist Visa may allow you to stay for periods up to several months. For a Business Visa, the periodicity of the Visa depends on your need to stay in that country. A student Visa is granted to students and is valid generally for the period of study ( including grace period) and permission of work outside university is not allowed. Almost all these Visas will stipulate that you cannot take up a job in that country during the period of your stay.
Requirements for Student Visa
Applicants must have successfully completed a course of study normally required for enrollment, should be sufficiently proficient in English to pursue the intended course of study, should have been accepted for a full course of study by an approved educational institution, and be able to prove that sufficient funds are or will be available to defray all living and school expenses during the entire period of anticipated study in that country. They should also be able to establish to the satisfaction of the consular officer that they have binding ties to a residence in their country which they have no intention of abandoning and that they will return to their home country when they have completed their studies.

Student Visa Process for Germany

Do students need to apply for a visa if students want to study in Germany? EU citizens and citizens from some other countries (Honduras, Island, Liechtenstein, Monaco, Norway, San Marino, Switzerland and the United States) do not need a visa to enter Germany. Everybody else must apply for a visa for study purposes via the German diplomatic representation in their home country. Students must not under any circumstances travel to Germany on a tourist visa. If students have intention to study in Germany but have Tourist Visa then Tourist visa cannot be transformed into Student or Applicant visa.
What conditions must students meet in order to get a student visa for study purposes?
  1. Students must possess a passport valid for the entire period of their proposed stay in Germany
  2. Students must present their notification of admission to a German higher education institution or preparatory course (Studienkolleg).
  3. Students must prove that he/she have sufficient financial means at their disposal. Further information is available from the German diplomatic representation in student's home country.
Can Students get a visa if they have not yet been admitted to a German higher education institution?
Yes, they can apply for a study applicant visa which is valid for 3 months and which can be converted into a full-fledged study visa for academic and research purposes after they have been admitted to a higher education institution.
Do Students need a visa if they wish to attend a language course in Germany?
Yes, students would need the language course visa. However it is only valid for the duration of the language course and cannot be converted into a visa for study purposes.

Friday, 25 November 2011

Problems with Pakistani Judicial System

Being a practicing lawyer in Pakistan i have seen many problems in the system. The entire legal system is governed mostly by the Code of civil procedure and code of criminal procedure. Both of these enactments are outdated and are the real bone of contention in the system. There are too many loopholes especially in the CPC which allow the judges to delay justice. Similarly some lawyers are always out there trying various methods out to linger on cases for earning money from their clients.
One of the problems with Pakistani legal system is corruption. Bribery is very common in the system and mostly people can not enjoy getting their rights without giving that. The blame goes equally on the general public as well as on the judicial officers for Bribery. The only people that are fighting with this curse are the Lawyer to some extent.

Thursday, 24 November 2011

THE SOCIETIES REGISTRATION ACT, 1860


(Act XXI of 1860)
CONTENTS
Sections
         1.         Societies formed by memorandum of association and registration.
         2.         Memorandum of association.
         3.         Registration fee.
         4.         Annual list of managing body to be filed.
         5.         Property of society how vested.
         6.         Suits by and against societies.
         7.         Suits not to abate.
         8.         Enforcement of judgment against society.
         9.         Recovery of penalty accruing under bye-law.
       10.         Members liable to be sued as strangers
                     Recovery by successful defendant of costs adjudged.
       11.         Members guilty of offences punishable as strangers.
       12.         Societies enabled to alter, extend or abridge their purposes.
       13.         Provision for dissolution of societies and adjustment of their affairs
                     Assent required
                     Government consent.
       14.         Upon a dissolution no member to receive profit
                     Clause not to apply to joint-stock companies.
       15.         Member defined − Disqualified members.
       16.         Governing body defined.
   16-A.         Supersession of governing body of a society.
       17.         Registration of societies formed before Act − Assent required.
       18.         Such societies to file memorandum, etc., with Registrar of Joint-stock Companies.
       19.         Inspection of documents − Certified copies
       20.         To what societies Act applies.
       21.         Registration of Deeni Madrassah.


THE SOCIETIES REGISTRATION ACT, 1860[2][2]
(Act XXI of 1860)
[21 May 1860]
An Act for the Registration of Literary,
Scientific and Charitable Societies

Preamble.− WHEREAS it is expedient that provision should be made for improving the legal condition of societies established for the promotion of literature, science, or the fine arts, or for the diffusion of useful knowledge, [3][3][the diffusion of political education] or for charitable purposes; it is enacted as follows:-

1.         Societies formed by memorandum of association and registration.− Any seven or more persons associated for any literary, scientific or charitable purpose, or for any such purpose as is described in section 20 of this Act, may by subscribing their names to a memorandum of association and filing the same with the Registrar of Joint-stock Companies [4][4][* * *] form themselves into a society under this Act.

2.         Memorandum of association.− The memorandum of association shall contain the following things (that is to say)−
            the name of the society:
            the objects of the society:
      the names, addresses, and occupations of the governors, council, directors, committee or other governing body to whom, by the rules of the society, the management of its affairs is entrusted.
            A copy of the rules and regulations of the society, certified to be a correct copy by not less than three of the members of the governing body, shall be filed with the memorandum of association.

[5][5][3.    Registration fee.− Upon such memorandum and certified copy being filed, the Registrar shall certify under his hand that the Society is registered under this Act. There shall be paid to the Registrar for every such registration such fee as the Provincial Government may direct, and all fees so paid shall be accounted for to the Provincial Government.]

4.         Annual list of managing body to be filed.− Once in every year, on or before the fourteenth day succeeding the day on which, according to the rules of the society, the annual general meeting of the society is held, or, if the rules do not provide for an annual general meeting, in the month of January, a list shall be filed with the Registrar of Joint-stock Companies of the names, addresses and occupations of the governors, council, directors, committee or other governing body then entrusted with the management of the affairs of the society.

5.         Property of society how vested.− The property, movable and immovable, belonging to a society registered under this Act, if not vested in trustees, shall be deemed to be vested, for the time being, in the governing body of such society, and in all proceedings, civil and criminal, may be described as the property of the governing body of such society by their proper title.

6.         Suits by and against societies.− Every society registered under this Act may sue or be sued in the name of the president, chairman, or principal secretary, or trustees, as shall be determined by the rules and regulations of the society, and, in default of such determination, in the name of such person as shall be appointed by the governing body for the occasion:
            Provided that it shall be competent for any person having a claim or demand against the society, to sue the president or chairman, or principal secretary or the trustees thereof, if on application to the governing body some other officer or person be not nominated to be the defendant.

7.         Suits not to abate.− No suit or proceeding in any Civil Court shall abate or discontinue by reason of the person by or against whom such suit or proceedings shall have been brought or continued, dying or ceasing to fill the character in the name whereof he shall have sued or been sued, but the same suit or proceedings shall be continued in the name of or against the successor of such person.

8.         Enforcement of judgment against society.− If a judgment shall be recovered against the person or officer named on behalf of the society, such judgment shall not be put in force against the property, movable or immovable, or against the body of such person or officer, but against the property of the society.
            The application for execution shall set forth the judgment, the fact of the party against whom it shall have been recovered having sued or having been sued, as the case may be, on behalf of the society only, and shall require to have the judgment enforced against the property of the society.

9.         Recovery of penalty accruing under bye-law.− Whenever by any bye-law duly made in accordance with the rules and regulations of the society, or, if the rules do not provide for the making of bye-laws, by any bye-law made at a general meeting of the members of the society convened for the purpose (for the making of which the concurrent votes of three-fifths of the members present at such meeting shall be necessary), any pecuniary penalty is imposed for the breach of any rule or bye-law of the society, such penalty, when accrued, may be recovered in any Court having jurisdiction where the defendant shall reside, or the society shall be situate, as the governing body thereof shall deem expedient.

10.   Members liable to be sued as strangers – Recovery by successful defendant of costs adjudged.− Any member who may be in arrear of a subscription which, according to the rules of the society he is bound to pay, or who shall possess himself of or detain any property of the society in a manner or for a time contrary to such rules, or shall injure or destroy any property of the society, may be sued for such arrear or for the damage accruing from such detention, injury or destruction of property in the manner hereinbefore provided.
            But if the defendant shall be successful in any suit or other proceeding brought against him at the instance of the society, and shall be adjudged to recover his costs, he may elect to proceed to recover the same from the officer in whose name the suit shall be brought, or from the society, and in the latter case shall have process against the property of the said society in the manner above described.

11.   Members guilty of offences punishable as strangers.− Any member of the society who shall steal, purloin or embezzle any money or other property, or willfully and maliciously destroy or injure any property of such society, or shall forge any deed, bond, security for money, receipt, or other instrument, whereby the funds of the society may be exposed to loss, shall be subject to the same prosecution, and, if convicted, shall be liable to be punished in like manner as any person not a member would be subject and liable to in respect of the like offence.

12.   Societies enabled to alter, extend or abridge their purposes.− Whenever it shall appear to the governing body of any society registered under this Act, which has been established for any particular purpose or purposes, that it is advisable to alter, extend or abridge such purpose to or for other purposes within the meaning of this Act, or to amalgamate such society either wholly or partially with any other society, such governing body may submit the proposition to the members of the society in a written or printed report and may convene a special meeting for the consideration thereof according to the regulations of the society.
            But no such proposition shall be carried into effect unless such report shall have been delivered or sent by post to every member of the society ten days previous to the special meeting convened by the governing body for the consideration thereof, nor unless such proposition shall have been agreed to by the votes of three-fifths of the members delivered in person or by proxy, and confirmed by the votes of three-fifths of the members present at a second special meeting convened by the governing body at an interval of one month after the former meeting.

13.   Provision for dissolution of societies and adjustment of their affairs − Assent required − Government consent.− Any number not less than three-fifths of the members of any society may determine that it shall be dissolved, and thereupon it shall be dissolved forthwith, or at the time then agreed upon, and all necessary steps shall be taken for the disposal and settlement of the property of the society, its claims and liabilities, according to the rules of the said society applicable thereto, if any, and, if not, then as the governing body shall find expedient, provided that, in the event of any dispute arising among the said governing body or the members of the society, the adjustment of its affairs shall be referred to the principal Court of original civil jurisdiction of the district in which the chief building of the society is situate; and the Court shall make such order in the matter as it shall deem requisite:
            Provided that no society shall be dissolved unless three-fifths of the members shall have expressed a wish for such dissolution by their votes delivered in person, or by proxy, at a general meeting convened for the purpose:
            Provided that [6][6][whenever any Government] is a member of or a contributor to, or otherwise interested in, any society registered under this Act, such society shall not be dissolved [7][7][without the consent of the Government of the Province of registration].

14.   Upon a dissolution no member to receive profit − Clause not to apply to joint-stock companies.− If upon the dissolution of any society registered under this Act there shall remain after the satisfaction of all its debts and liabilities any property whatsoever, the same shall not be paid to or distributed among the members of the said society or any of them, but shall be given to some other society, to be determined by the votes of not less than three-fifths of the members present personally or by proxy at the time of dissolution, or in default thereof, by such Court as aforesaid:
            Provided, however, that this clause shall not apply to any society which shall have been founded or established by the contributions of shareholders in the nature of a Joint-stock Company.
15.   Member defined − Disqualified members.− For the purposes of this Act a member of a society shall be a person who, having been admitted therein according to the rules and regulations thereof, shall have paid a subscription or shall have signed the roll or list of members thereof, and shall not have resigned in accordance with such rules and regulations; but in all proceedings under this Act no person shall be entitled to vote or to be counted as a member whose subscription at the time shall have been in arrear for a period exceeding three months.

16.   Governing body defined.− The governing body of the society shall be the governors, council, directors, committee, trustees or other body to whom by the rules and regulations of the society the management of its affairs is entrusted.

[8][8][16-A. Supersession of governing body of a society.− (1) Notwithstanding anything contained in the memorandum of association, rules or regulations of a society registered under this Act, if, after such inquiry as may be necessary, the Provincial Government is of the opinion that the governing body of the society−
      (a)  is unable to discharge or persistently fails in discharging its duties, or
        (b)   is unable to administer its affairs or meet its financial obligations, or
      (c)  generally acts in a manner contrary to public interest or the interests of the members of the society,
the Provincial Government may, by notification in the Official Gazette, declare the governing body to be superseded for such period, not exceeding one year, as may be specified in the notification.
            [9][9][Provided that the declaration shall not be made without giving to the society to be affected thereby an opportunity of being heard.]
            (2)        On the publication of a notification under sub-section (1),−
            (a)  the office-bearers and other members of the governing body shall cease to hold office; and
            (b)  all functions of the governing body shall, during the period of supersession, be performed by a governing body constituted by the Provincial Government from among the members of the society.
            (3)        On the expiry of the period of supersession, the governing body of the society shall be reconstituted in accordance with its memorandum of association, rules and regulations.]

17.   Registration of societies formed before Act − Assent required.− Any company or society established for a literary, scientific or charitable purpose, and registered under [10][10]Act XLIII of 1850, or any such society established and constituted previously to the passing of this Act but not registered under the said [11][11]Act XLIII of 1850, may at any time hereafter be registered as a society under this Act; subject to the proviso that no such company or society shall be registered under this Act unless an assent to its being so registered has been given by three-fifths of the members present personally, or by proxy, at some general meeting convened for that purpose by the governing body.
            In the case of a company or society registered under [12][12]Act XLIII of 1850, the directors shall be deemed to be such governing body.
            In the case of a society not so registered, if no such body shall have been constituted on the establishment of the society, it shall be competent for the members thereof, upon due notice, to create for itself a governing body to act for the society thenceforth.

18.   Such societies to file memorandum, etc., with Registrar of Joint-Stock Companies.− In order to any such society as is mentioned in the last preceding section obtaining registry under this Act, it shall be sufficient that the governing body file with the Registrar of Joint-stock Companies [13][13][* * *] a memorandum showing the name of the society, the objects of the society, and the names, addresses and occupations of the governing body, together with a copy of the rules and regulations of the society certified as provided in section 2, and a copy of the report of the proceedings of the general meeting at which the registration was resolved on.

19.   Inspection of documents − Certified Copies.− Any person may inspect all documents filed with the registrar under this Act on payment of a fee of one rupee for each inspection, and any person may require a copy or extract of any document or any part of any document, to be certified by the registrar, on payment of two annas for every hundred words of such copy or extract; and such certified copy shall be prima facie evidence of the matters therein contained in all legal proceedings whatever.

20.   To what societies Act applies.− The following societies may be registered under this Act:-
            Charitable societies, [14][14][* * *] societies established for the promotion of science, literature, or the fine arts, for instruction, the diffusion of useful knowledge, [15][15][the diffusion of political education], the foundation or maintenance of libraries or reading rooms for general use among the members or open to the public, or public museums and galleries of painting and other works of art, collections of natural history, mechanical and philosophical inventions, instruments, or designs.

[16][16][21.            Registration of Deeni Madaris. (1) All Deeni Madaris, by whatsoever name called, shall not operate without getting themselves registered:
            Provided that the Deeni Madaris, which are established after the commencement of this Act, shall get themselves registered within one year of their establishment.
            Explanation. One Deeni Madrassah, having more than one campus, shall need only one registration.
            (2)        Every Deeni Madrassah shall submit annual report of its educational activities to the Registrar.
            (3)        Every Deeni Madrassah shall cause to be carried out audit of its accounts by an auditor and submit a copy of its audit report to the Registrar.
            (4)        No Deeni Madrassah shall teach or publish any literature which promotes militancy or spreads sectarianism or religious hatred:
            Provided that nothing contained herein shall bar the comparative study of various religions or schools of thought or the study of any other subject covered by the Holy Quran, Sunnah or the Islamic jurisprudence.
            Explanation. In this section “Deeni Madrassah” means a religious institution and includes a Jamia, Dar-ul-Uloom, School, College, University or called by any other name, established or operated primarily for the purposes of imparting religious education, which provides boarding and lodging facilities.]






[1][1]Short title given by the Short Titles Act, 1897 (14 of 1897).
[2][2]Short title given by the Short Titles Act, 1897 (14 of 1897).
    The Act (with the exception of the first four sections) is based on Literary and Scientific Institutions Act, 1854.
    It had been declared to be in force in all the Provinces and the Capital of the Federation, except the Scheduled Districts, by s. 3 of the Laws Local Extent Act, 1874 (15 of 1874).
    It had been declared by Notification under s. 3 (a) of the Scheduled Districts Act, 1874 (14 of 1874), to be in force in the Scheduled Districts; namely − Hazara, Peshawar, Kohat, Bannu, Dera Ismail Khan and Dera Ghazi Khan. [Portions of the Districts of Hazara, Bannu, Dera Ismail Khan and Dera Ghazi Khan and the Districts of Peshawar and Kohat now form the N.W.F.P., see Gazette of India, 1901, Pt. I, p. 867, and ibid., 1902, Pt. I, p.575].
[3][3]Added by the Societies Registration (Amendment) Act, 1927 (XXII of 1927).
[4][4]The words and figures “under Act 19 of 1857” repealed by the Repealing Act, 1874 (16 of 1874).
[5][5]Substituted by the Punjab Finance Act, 1990 (I of 1990).
[6][6]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937 for “whenever the Government.”
[7][7]Ibid., for “without the consent of Government.”
[8][8]Added by the Societies Registration (West Pakistan Amendment) Ordinance, 1962 (IX of 1962), and substituted by the Conformity with Fundamental Rights (Punjab Amendment of Laws) Act, 1976 (IX of 1976).
[9][9]Added by the Societies Registration (Amendment) Ordinance, 1984 (XV of 1984).
[10][10]Subsequently replaced by the Indian Companies Act, 1866 (10 of 1866), section 219.
[11][11]Ibid.
[12][12]Ibid.
[13][13]The words and figures “under Act 19 of 1857,” repealed by the Repealing Act, 1874 (16 of 1874).
[14][14]The words “the military orphan funds or societies established at the several presidencies of India” omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949).
[15][15]Inserted by the Societies Registration (Amendment) Act, 1927 (22 of 1927).
[16][16]Inserted by the Societies Registration (Amendment) Act 2005 (XIII of 2005) and substituted by the Societies Registration (Amendment) Act 2006 (VII of 2006).

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