Legal Framework For Registration of NGO’s

Registration Laws in Pakistan

I-The Societies Registration Act, 1860

II-The Trusts Act, 1882

III-The Voluntary Social Welfare Agencies (Registration and Control Ordinance), 1961

IV-The Companies Ordinance, 1984

V-The Cooperative Societies Act, 1925

I. Trust Act 1882

Who can get registration

1-Private Trusts

2-Charitable Trusts (Doctrine of Cypress)

The Trusts Act also provides legal cover for private acts of public charity

ScopeA public charitable trust, under the Trusts Act, 1882, unlike other trusts created for the benefit of specific individuals, is for the benefit of society generally or for certain sections of society.

Charitable objectives can be classified under the following divisions:

i. Advancement of religionii. Advancement of knowledgeiii. Advancement of commerce, health and safety of the public iv. Advancement of any other object beneficial to mankind.

Trust act 1882

Can establish by The Deed Of Settlement

This Act applies to Private Trusts only The beneficiaries could be specific

individuals It is applicable only to Muslims Charitable objectives can be classified

under the following divisions: i. Advancement of religionii. Advancement of knowledgeiii. Advancement of commerce, health and safety of the publiciv. Advancement of any other object beneficial to mankind

Doctrine of Cypress applies only to charitable trusts (The purpose or institution cease to exist after the testator’s death)

Act does not apply to Waqfs Public or private religious or

charitable endowments The mutual relations of the

members of an undivided family as determined by any customary or personal law

Trust cannot have immoveable property

Trust cannot opposed to Public policy Laws Injury to person or property

Dos Don'ts

Companies Ordinance 1984

Who can get registration 1-Non-governmental organizations 2-Non profit making organization3-Company not for profit 4-Association not for profit5-Industries department

ScopeMain objects of the association are for promoting

i. Commerceii. Artiii. Scienceiv. ReligionV. Sportsvi. Social servicesvii. Charity (education, religion, community bifacial activates, eradiation poverty)viii. Any other ‘useful’ objective Apply its profit in promoting its object Enjoy all the privileges of a limited company Purpose of serving public or for mutual benefit Activities out side Pakistan

Companies ordinance

Apply its profit for the promoting its object/s

Enjoy all the privileges of a limited company

Purpose of serving public or for mutual benefits of masses

Can work/ initiate activities outside Pakistan

Cannot pursuit for all kinds of benefits

Limited company could not have share capital

Dos Don'ts

Societies Registration Act, 1860

Who can get registration

1-Non profit organization

2-NGOs

3-Charitable society

4-Literary society

5-Scientific society

6-Corporations

Scope Science Literature  Fine arts Instruction and the diffusion of useful knowledge Diffusion of political education Foundation or maintenance of libraries or reading

rooms for use among members or open to the public Public museums and galleries of paintings Work of art Collection of natural history Mechanical and philosophical inventions Instruments or designs Educational and medical services.

Societies Registration Act, 1860

It can promote science; literature; fine arts; educational and medical services

It can do instruction and the diffusion of useful knowledge

It can deal with diffusion of political education

Cannot deal with every object of general public utility

Religious society Doesn't extend to

teaching for a business or profession, as civil engineering etc.

Do Don'ts

Voluntary Social Welfare Agencies(registration & Control) Ordinance 1961

Who can get registration

1-Agency

2-Organization

3-Association

Scope Child welfare Youth welfare Women’s welfare Welfare of the physically ,socially and mentally handicapped. Family planning. Recreational programmes intended to keep people away

from anti-social activities. Social education, that is, education of adults aimed at

developing sense of civic responsibility. Welfare and rehabilitation of released prisoners. Welfare of juvenile delinquents. Welfare of the socially handicapped. Welfare of the beggars and destitute. Welfare and rehabilitation of patients. Welfare of the aged and infirm.

Voluntary Social Welfare Agencies Ordinance 1961

Under the law an organization, association or welfare services can work all field mentioned in the section of scope

Training in social work. Coordination of social

welfare agencies

The said ordinance prohibits the establishment for continuation of voluntary social welfare agency without registration

Dos Don'ts

The Co-operative Societies Act,1925

Scope Promotion of thrift, self help and

mutual assistance amongst agriculturist or other persons with common economic or social interests and for achieving better standards of living

Who can get registration

1.Voluntaries

2. Cooperative society

3. Cooperative bodies/ companies

The Co-operative Societies Act, 1925

Can form organization where persons join together voluntarily on a basis of equality of a common economic need

Promotion of the economic interests of its members in accordance with co-operative principles

The object of facilitating the operations of such a society, may be registered under this Act with or without limited liability

If it is not a cooperative If it is not a body

corporate or a company

Dos Don’ts