Sunday, 30 November 2014

DRAFT GROUP COMPANIES REGISTRATION REGULATIONS, 2008


 SECURITIES AND EXCHANGE COMMISSION OF PAKISTAN
Islamabad, the ________, 2008
NOTIFICATION
S.R.O. _________ 2008. In exercise of powers conferred by section 506A of the
Companies Ordinance, 1984 (XLVII of 1984), the following draft Regulations are hereby
published by the Securities and Exchange Commission of Pakistan for the information of all
persons likely to be affected by these Regulations and notice is hereby given that objections
and suggestions, if any, received within the next fourteen days will be taken into
consideration

DRAFT GROUP COMPANIES REGISTRATION REGULATIONS, 2008
1. Short title and commencement.- (1) These Regulations shall be called the Group
Companies Registration Regulations, 2008.
(2) They shall come into force at once.
2. Definitions.- (1) In these Regulations, unless there is anything repugnant in the
subject or context,-
(i) “Group” means a holding company and its subsidiaries registered with the
Commission under Regulation 4 of these Regulations;
(ii) “Ordinance” means the Companies Ordinance, 1984 (XLVII of 1984); and
(iii) “Regulations” mean the Group Companies Registration Regulations, 2008. 2
(2) Words and expressions used but not defined in these Regulations shall have the same
meaning as assigned to them in the Ordinance.
3. Application for registration as a Group. - A company incorporated in Pakistan
which is desirous of forming a group with its subsidiary companies shall furnish an
application for registration as a Group to the Commission along with the following
documents namely, -
 (i) statement showing details of the holding company and its subsidiaries, their
sponsors, directors and pattern of shareholding;
(ii) affidavit by the directors of the holding company in the form attached as
Annexure “A”;
(iii) resolution of the board of directors of the holding company and its
subsidiaries for formation of a Group;
(iv) original bank receipt evidencing the payment of application fee of [two
hundred thousand] rupees; and
(v) any other information required by the Commission.
4. Registration of a Group.- Where the Commission is satisfied with the application
made under Regulation 3, it may register the holding company and its subsidiary companies
as a Group in Form 1.
5. Alteration of certificate of registration.– Where the composition of a group
changes, the Commission shall, on an application made by the holding company, alter the
name of the holding company or its subsidiaries in the certificate of registration granted in
Form 1.
6. Cancellation of registration of a Group.- The registration granted through Form 1
may be cancelled by the Commission if any company within the Group fails to comply with
the requirements of these Regulations or any direction given by the Commission:
Provided that the Commission shall provide the holding company an opportunity of
hearing before cancellation of registration of a Group. 3
7. Obligations of the holding company within a Group. - The holding company shall
ensure,-
(i) that the Group is in compliance with the requirements of the Code of
Corporate Governance;
(ii) that the Group is in compliance with the requirements of International
Accounting Standards and International Financial Reporting Standards, as
applicable in Pakistan;
(iii) that transactions by any company within the Group with its associated
companies and associated undertakings are carried out and recorded on an
arm’s length basis; and
(iv) any other requirements specified by the Commission are complied with.
8. Application for designation as a Group.- The holding company within a Group
may apply to the Commission for designation of the Group for the purpose of availing tax
relief under sections 59AA and 59B of the Income Tax Ordinance, 2001.
(2) The Commission shall on being satisfied that the Group is in compliance with these
Regulations issue a designation letter stating details of the shareholding structure between the
holding company and its subsidiaries.
9. Penalty for contravention of the Regulations.- Whoever contravenes or fails to
comply with any provision of these Regulations shall, in addition to any other liability under
the Ordinance or the rules or regulations made thereunder, be punishable with fine which
may extend to five hundred thousand rupees and, in the case of continuing failure, to a
further fine, which may extend to ten thousand rupees for every day after the first during
which the contravention continues.
-.-.-.-.-
 4
FORM 1
[see Regulation 4]
CERTIFICATE OF REGISTRATION
OF A GROUP COMPANY
Islamabad, the________20__.
The Securities and Exchange Commission of Pakistan having considered the application for
registration as a Group by............................................. (Name of the holding company) and
being satisfied with the said application, hereby registers ……………………… (Name of the
holding company) and its subsidiaries, namely ………………………….(Name of all
subsidiaries) as a Group in exercise of its powers under Regulation 4 of the Group
Companies Registration Regulations, 2008.
Signature of the officer.
 Seal5
Annexure A
AFFIDAVIT
We, the directors of …………………….. [Name of the holding company] do hereby,
solemnly affirm and testify that the contents of the application for grant of approval to
form a Group under the Group Companies Registration Regulations, 2008 are true and
correct to the best of our knowledge and belief and nothing has been concealed therein.
DEPONENT(s)
(Signature)
The Deponent(s) is/are identified by me
Signature _______________________
ADVOCATE
(Name and Seal)
Solemnly affirmed before me on this ______ day of _____________ at ______________ by the
Deponent(s) above named who is/are identified to me by ________________, Advocate.
Signature______________________________
OATH COMMISSIONER FOR TAKING AFFIDAVIT
(Name and Seal

Saturday, 29 November 2014

THE PUNJAB MURDEROUS OUTRAGES ACT, 1867

(Act XXIII of 1867)
C O N T E N T S
SECTIONS
         1.         Power to extend Act to any part of the Punjab.
         2.         Punishment of fanatics murdering or attempting to murder.
         3.         [Repealed].
         4.         Forfeiture of property of fanatics killed in committing outrages punishable under Act.
         5.         Trial before Sessions Judge or Commissioner.
         6.         Trial to be with aid of assessors.
         7.         What the judgment is to specify.
         8.         Disposal of bodies of criminals.
         9.         Proceedings to be reported to Provincial Government.
       10.         No appeal from orders or sentences under Act.
       11.         Procedure in cases not contemplated by Act.
       12.         Provincial Government’s powers as to confinement of persons under Act.
       13.         Power of Magistrate as to persons suspected.
       14.         Exercise of jurisdiction conferred by Act.
       15.         Power to withdraw cases from operation of Act.
       16.         Power of High Court to issue circular orders — Publication of such orders.
       17.         [Repealed].


THE PUNJAB MURDEROUS OUTRAGES ACT, 1867[2]
(Act XXIII of 1867)
[18 March 1867]
An Act for the suppression of murderous outrages
in certain districts of [3][the Punjab]
Preamble.— WHEREAS in certain districts of [4][the Punjab] fanatics have frequently murdered or attempted to murder servants of the [5][State] and other persons; and whereas the general law of the country is not adequate to suppress such offences; it is hereby enacted as follows:-
1.   Power to extend Act to any part of the Punjab.— It shall be lawful for the [6][Provincial Government] [7][* * *] [8][* * *] by a proclamation published in the official Gazette, from time to time to declare any part or parts of the territories [9][within the Punjab] to be subject to the operation of all or any of the provisions of this Act, and also, by such proclamation [10][* * *] as aforesaid, from time to time to withdraw from the operation of such provisions any part or parts of the said territories, [11][it] may have previously declared to be subject thereto, and in like manner, as occasion shall require, to subject the same part or parts again to the operation of the same provisions or of any of them.
2.   Punishment of fanatics murdering or attempting to murder.— Any fanatic who shall murder or who shall, within the meaning of the Pakistan Penal Code[12], section 307, attempt to murder any servant of the [13][State] or other person, shall, on conviction thereof, be punished either with death or with transportation for life, and all his property shall be forfeited to Government.
3.   [Offences under the Act to be offences within meaning of Penal Code]. Repealed by the Repealing Act, 1874 (XVI of 1874), section and Schedule, pt. 1.
4.   Forfeiture of property of fanatics killed in committing outrages punishable under Act.— Whenever any fanatic shall be killed in the act of committing any such offence, as aforesaid, or, being wounded and taken prisoner in the act of committing any such offence as aforesaid, shall afterwards die of his wounds, it shall be competent to the [14][Sessions Judge or Commissioner] who under the provisions hereinafter contained, would have had cognizance of the offence if the offender could have been brought to trial, to proceed to hold an inquest into the circumstances of the death of the offender, and on proof of his having been killed as aforesaid, or of his having died of wounds received as aforesaid to adjudge that the whole of his property shall be forfeited to Government and to dispose of his body as such [15][Sessions Judge or Commissioner] shall think fit.
5.   Trial before Sessions Judge or Commissioner.— Subject to the provision contained in section 14 of this Act, any offence triable under this Act shall be tried by the [16][Sessions Judge or Commissioner] of the division in which it has been committed; and, in respect of all such offences, the [17][Sessions Judge or Commissioner] shall follow the procedure prescribed for a Magistrate by section 149, Chapter XVII, and the provisions applicable to warrant-cases of the Code of Criminal Procedure:
      Provided that, if he shall be of opinion that any witness or evidence is offered for the purpose of vexation or delay, or of defeating the ends of justice, he may require the accused person to satisfy him that there are reasonable grounds for believing that such witness or evidence is material, and, if the [18][Sessions Judge or Commissioner] be not so satisfied, he shall not be bound to summon the witness or examine the evidence so offered.
6.   Trial to be with aid of assessors.— Trials under this Act before the [19][Sessions Judge or Commissioner] shall be conducted with the aid of two or more assessors as members of the Court.
      The [20][Sessions Judge or Commissioner] may appoint such persons other than persons specified in section 405 of the Code of Criminal Procedure at such time and in such manner as he may think fit to serve as assessors, and no persons shall be exempt, within the meaning of section 406 of the same Code, from serving as such assessors.
      The provisions of the Code of Criminal Procedure shall, save as aforesaid, apply to assessors appointed under this section.
7.   What the judgment is to specify.— When any trial under this Act is concluded, if the accused person be convicted, it shall be sufficient if the Court, in passing judgment and in recording the finding and sentence, shall specify the offence of which he is convicted, and the Court shall immediately issue a warrant to the officer incharge of the jail in which the prisoner is confined to cause the sentence to be carried into execution, and such sentence shall be carried into execution accordingly.
      No sentence of death passed under this Act shall require confirmation by any Court.
8.   Disposal of bodies of criminals.— When any person shall be sentenced to death under this Act, his body shall be disposed of as the [21][Sessions Judge or Commissioner] by whom he was so sentenced shall direct.
9.   Proceedings to be reported to Provincial Government.— The proceedings in every trial held under this Act shall be reported to the [22][Provincial Government], without unnecessary delay, by the officer before whom such trial shall have been held.
10.   No appeal from orders or sentences under Act.— Notwithstanding anything contained in the Code of Criminal Procedure, or [23][in any other enactment for the time being in force] no appeal shall lie from any order or sentence under this Act.
11.   Procedure in cases not contemplated by Act.— If any [24][Sessions Judge or Commissioner] in whom jurisdiction is vested by this Act shall be of opinion that the accused person has committed an offence punishable under the Pakistan Penal Code[25], but that such offence is not contemplated by the preamble to this Act, the offender shall be dealt with in manner provided in such case by the Code of Criminal Procedure.
12. Provincial Government's powers as to confinement of persons under Act.— The said [26][Provincial Government] shall have, with respect to the confinement of any person charged with or suspected of an intention to commit any offence punishable under this Act, the powers which are vested in the [27][Federal Government] by any law regarding the confinement of persons charged with or suspected of State offences; and the provisions of any such law shall, mutatis mutandis, be applicable to all cases in which the [28][Provincial Government] shall proceed under the authority of this section.
13.   Power of Magistrate as to persons suspected.— Any person having the full powers of a Magistrate may cause any person, against whom there are in his judgment grounds of proceeding under the last preceding section, to be apprehended, and, after such inquiry as he may think necessary, may detain such person in safe custody until he shall have received the orders of the said [29][Provincial Government] to whom, in all such cases, he shall report his proceeding without unnecessary delay.
14.   Exercise of jurisdiction conferred by Act.— The jurisdiction conferred by this Act on [30][Sessions Judge or Commissioner] may be exercised, in the case of any offence punishable under this Act, by any person having the full powers of a Magistrate whom the [31][Sessions Judge or Commissioner] to whom he may be subordinate, or the said [32][Provincial Government], shall after the commission of such offence, specially invest with such jurisdiction.
15.   Power to withdraw cases from operation of Act.— It shall be lawful of the said [33][Provincial Government] either on [34][its] own motion or at the request of the [35][High Court at Lahore], from time to time to withdraw any class of cases from the operation of this Act.
16.   Power of [36][High Court] to issue circular orders — Publication of such orders.— With the previous consent of the said [37][Provincial Government], but not otherwise, the said [38][High Court] may, from time to time, make and issue circular order for the guidance of officers in cases under this Act: provided that such orders are consistent with the provisions herein contained.
      All such orders shall be published in the official Gazette, and shall be obeyed by the officers aforesaid.
17.   [Expiration of Act]. Rep. by the Amending Act, 1891 (XII of 1891).



[1]Short title given by the Amending Act, 1903 (I of 1903).
[2]Short title given by the Amending Act, 1903 (I of 1903).
      For statement of objects and reasons, see Gazette of India, dated 5th January, 1867; for Proceedings in Council, see ibid., Supplement, dated 12th January, 1867, pp. 3 and 5; 16th February, p. 73; 23rd February, p. 131 ; 2nd March, pp. 147 and 154 ; and 23rd March, pp. 233 and 241.
[3]Substituted by Federal Adaptation Order (P.O. 4), 1975.
[4]Ibid.
[5]Substituted by the Central Laws (Adaptation) Order, 1961 (P.O. 1 of 1961), for “Queen” (with effect from the 23rd March, 1956).
[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 “Lieutenant-Governor”.
[7]The words, “of [the Punjab]”, omitted by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960) (with effect from the 14th October, 1955). The words in crotchets were Substituted by the Federal Laws (Revision and Declaration) Act, 1951 (XXVI of 1951), for “West Punjab” which was previously Substituted, for “the Punjab”, by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949).
[8]The words, “with the previous consent of the G.G. of India in Council,” repealed 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.
[9]Substituted by Ordinance XXVI of 1960, (with effect from the 14th October, 1955), or “under [its] government”. The word in crotchets was substituted for “his”, 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.
[10]The words, “and with such consent”, repealed 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.
[11]Substituted ibid., for “he”.
[12]XLV of 1860.
[13]Substituted by the Central Laws (Adaptation) Order, 1961 (P.O. 1 of 1961), for “Queen” (with effect from the 23rd March, 1956).
[14]Substituted by the Punjab Murderous Outrages (Amendment) Act, 1877 (IX of 1877), for “Commissioner”.
[15]Substituted by the Punjab Murderous Outrages (Amendment) Act, 1877 (IX of 1877), for “Commissioner”.
[16]Ibid.
[17]Ibid.
[18]Ibid.
[19]Ibid.
[20]Ibid.
[21]Substituted by the Punjab Murderous Outrages (Amendment) Act, 1877 (IX of 1877), for “Commissioner”.
[22]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 “Lieutenant-Governor”.
[23]Substituted by the Amending Act 1891 (XII of 1891), for “the Punjab Chief Court Act, 1866”.
[24]Substituted by the Punjab Murderous Outrages (Amendment) Act, 1877 (IX of 1877), for “Commissioner”.
[25]XLV of 1860.
[26]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 “Lieutenant-Governor”.
[27]Ibid., for “G.G. of India”.
[28]Ibid., for “Lieutenant-Governor”.
[29]Ibid.
[30]Substituted by the Punjab Murderous Outrages (Amendment) Act, 1877 (IX of 1877), for “Commissioner”.
[31]Ibid.
[32]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 “Lieutenant-Governor”.
[33]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 “Lieutenant-Governor”.
[34]Ibid., for “his”.
[35]Substituted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949), for “Chief Court of the Punjab”.
[36]Ibid., for “Chief Court”.
[37]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 “Lieutenant-Governor”.
[38]Substituted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949), for “Chief Court”.

Remedies Available to a wife that gets beaten by Husband

One of the worst situation is when a husband beats his wife daily or occasionally whatsoever is the case. It is said that a real man never beats his wife. However, a worst fact about us humans is that the weaker suffers everywhere. That is one of the reasons because of which women are frequently beater all over the world.

There are certain remedies available to wife when she is beaten up. If she suffers an injury during such beating, she can get a FIR registered against her husband in the police station. Similarly she always has the family courts available for her protection.

If she doesn't have a place to live, she can approach the court of session and immediately start residing at a re-rehabilitation center as directed by the court of law. She can also file a suit for maintenance and get monthly maintenance from husband even living apart from him.

If there are children living with the wife, she can also claim their maintenance from such a cruel husband. In case if such wife hates her husband, she can claim Khula from the family court. If the wife is non-muslim then she can claim divorce or separation whatever her religion allows.

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Regards,
Salman Yousaf Khan (Golra)
Advocate High Court
+92-333-5339880 

Friday, 28 November 2014

Golra Law Firm

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Team
+92-333-5339880 

Thursday, 27 November 2014

Pakistan Law Firm

The best law firm in Pakistan is International Lawyer... This law firm is based in Islamabad, Pakistan with having presence of attorneys and solicitors nation wide.. International Lawyer is a law firm with having international experience. The legal opinions made by International Lawyer law firm are presented in the courts around the world.

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Team
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Wednesday, 26 November 2014

THE VOLUNTARY SOCIAL WELFARE AGENCIES (REGISTRATION AND CONTROL) ORDINANCE, 1961


(Ordinance XLVI of 1961)
C O N T E N T S

SECTION                                HEADING

        1.           Short title, extent and commencement.
        2.           Definitions.
        3.           Prohibition against establishing or continuing an agency without registration.
        4.           Application for registration, etc.
        5.           Establishment and continuance agency.
        6.           Appeal.
        7.           Conditions to be complied with by registered agencies.
        8.           Amendment of the constitution of registered agency.
        9.           Suspension or dissolution of governing bodies of registered agencies.
       10.          Dissolution of registered agency.
       11.          Voluntary dissolution of registered agency.
       12.          Consequences of dissolution.
       13.          Inspection of documents, etc.
       14.          Penalties and procedure.
       15.          Indemnity.
       16.          Power to amend schedule.
       17.          Power to exempt.
       18.          Delegation of powers.
       19.          Rules.

SCHEDULE


[1]THE VOLUNTARY SOCIAL WELFARE AGENCIES (REGISTRATION AND CONTROL) ORDINANCE, 1961
(XLVI of 1961)
[2 December 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 for matters ancillary thereto;
      NOW, THEREFORE, in pursuance of the Proclamation of the seventh day of October, 1958, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-

1.   Short title, extent and commencement.– (1) This Ordinance may be called the Voluntary Social Welfare Agencies (Registration and Control) Ordinance, 1961.
      (2)  It extends to the whole of [2][the Punjab].
      (3)  It shall come into force on such date[3] as the [4][Government] may, by notification in the official Gazette, 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 management of its affairs are entrusted;
  [5][(bb)  “Government” means Government of the Punjab;]
      (c)  “prescribed” means prescribed by rules made under section 19;
      (d) “register” means the register maintained under section 4, and “registered” shall mean registered under this Ordinance;
      (e)  “Registration Authority” means [6][* * *] an officer authorized by the [7][Government], by notification in the official Gazette, to exercise all or any of the powers of the Registration Authority under this Ordinance;
      (f)  “voluntary social welfare agency” means an organization, 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.– Any person intending to establish an agency, [8][* * *] shall, in the prescribed form, and 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.
      (2)  The Registration Authority may, on receipt of the application, make such enquiries as it considers necessary, and either grant the application, or, for reasons to be recorded in writing, reject it.
      (3)  If the Registration Authority grants the 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 certificates issued under sub-section (3).

5.   Establishment and continuance agency.– (1) An agency [9][* * *] shall be established only after a certificate of registration has been issued under sub-section (3) of section 4.
      [10][* * * * * * * * * * * *]

6.   Appeal.– If the Registration Authority rejects an application for registration, the applicant may, within thirty days from the date of the order of the Registration Authority, prefer an appeal to the [11][Government] and the order passed by the [12][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 by the Registration Authority; and
      (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 same for general information; and
      (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 Registrations Authority; and
      (d) furnish to the Registration Authority such particulars with regard to accounts and other records as the Registration Authority may form time to time require.
      (2)  The Registration Authority, or any officer duly authorized 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 approved 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 of the constitution is not contrary to any of the provision of this Ordinance or the rules made thereunder, it may, if it think fit, approve the amendment.
      (3)  Where the Registration Authority approves an amendment of the constitution, it shall issue to the agency a copy of the amendment certified by it, which shall be conclusive evidence that the same is duly approved.
9.   Suspension or dissolution of governing bodies of registered agencies.– (1) If, after making such enquires as it may think fit, the Registration Authority is satisfied that a registered agency has been responsible for any irregularity in respect of its funds or for any maladministration in the conduct of its affairs or has failed to comply with the provisions of this Ordinance or the rules made thereunder, it may, by order in writing, suspend the governing body.
      (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, who shall have all the authority and powers of the governing body under the constitution of the agency.
      (3)  Every order of suspension under sub section (1) shall be placed by the Registration Authority before a Board, consisting of not more than five persons, constituted by the [13][Government] for the purpose, which shall have the power to make such order as to the reinstatement, 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 is made under sub section (3) may appeal to the [14][Government], within thirty days from the date of such order, and the decision of the [15][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 to believe that at a registered agency is acting in contravention of its constitution, or contrary to any of the provisions of this Ordinance or the rules made there under, or in a manner prejudicial to the interests of the public, it may, after giving such opportunity to the agency being of heard as it thinks fit, make a report thereon to the [16][Government].
      (2)  The [17][Government], if satisfied after considering the report that it is necessary or 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 dissolve any registered agency, not less than three-fifths of its members may apply to the [18][Government], in such manner as may be prescribed, for making order for the dissolution of such agency.
      (3)  The [19][Government], if 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 the order of dissolution takes effect, and the [20][Government] may–
      (a)  order any bank or other person who holds moneys, securities or other assets on behalf of the agency not to part with such moneys, securities and assets without the previous permission in writing of the[21][Government];
      (b)  appoint a competent person to wind up the affairs of the agency, with power to institute and defend suits and other legal proceedings on behalf of the agency, and to make such orders and take such action as may appear to him to be necessary for purpose; and
      (c)  order any moneys, securities and assets remaining after the satisfaction of all debts and liabilities of the agency to be paid or transferred to such other agency, having objects similar to 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, by enforceable by any Civil Court having local jurisdiction in the same manner 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 Registration 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 provisions 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 person, every director, manager, secretary and other officer there of 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 cognizance of an offence under this Ordinance except upon complaint in writing made by the Registration Authority, or by an officer authorized by it in this behalf.

15. Indemnity.– No suit, prosecution or other legal proceeding 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 [22][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 [23][Government] may, by notification in the official Gazette, exempt any agency or class of agencies from the operation of all or any of the provisions of this Ordinance.

18. Delegation of powers.– The [24][Government] may, by 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 [25][* * *].

19. Rules.– The [26][Government] may, by notification in the official Gazette, make rules for carrying into effect the provisions 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.
       (vi)   Recreational programmes intended to keep people away form 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.



[1]In pursuance of the Proclamation of the seventh day of October, 1958, and in exercise of all powers enabling him in that behalf, the President promulgated this Ordinance, which was published in Gazette of Pakistan, Extraordinary, dated 2 December 1961.
    This Ordinance was originally in the Federal ambit, however, the subject on which this law was enacted devolved to the provinces by virtue of 18th Amendment in the Constitution, hence it was adapted, with amendments, for the province of the Punjab by the Voluntary Social Welfare Agencies (Registration and Control) (Amendment) Act 2012 (XIX of 2012).
[2]Substituted for the word “Pakistan” by the Voluntary Social Welfare Agencies (Registration and Control) (Amendment) Act 2012 (XIX of 2012).
[3]When this law was in Federal ambit, it came into force on the 15th May, 1962, see, S.R.O. No. 547 (K)/62, dated 14-5-1962.
[4]Substituted for the words “Provincial Government” by the Voluntary Social Welfare Agencies (Registration and Control) (Amendment) Act 2012 (XIX of 2012).
[5]Inserted by the Voluntary Social Welfare Agencies (Registration and Control) (Amendment) Act 2012 (XIX of 2012).
[6]The original words “the Director of Social Welfare, Government of Pakistan, and includes” omitted by the Adaptation Order 1964, Art. 2 and Schedule.
[7]Substituted for the words “Provincial Government” by the Voluntary Social Welfare Agencies (Registration and Control) (Amendment) Act 2012 (XIX of 2012).
[8]Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), s.3 and Sch. II.
[9]Ibid.
[10]Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), s.3 and Sch. II.
[11]Substituted for the words “Provincial Government” by the Voluntary Social Welfare Agencies (Registration and Control) (Amendment) Act 2012 (XIX of 2012).
[12]Ibid.
[13]Substituted for the words “Provincial Government” by the Voluntary Social Welfare Agencies (Registration and Control) (Amendment) Act 2012 (XIX of 2012).
[14]Ibid.
[15]Ibid.
[16]Ibid.
[17]Ibid.
[18]Substituted for the words “Provincial Government” by the Voluntary Social Welfare Agencies (Registration and Control) (Amendment) Act 2012 (XIX of 2012).
[19]Ibid.

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