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ACT XI OF 2019 ACT XI OF 2019 BALOCHISTAN CHARITIES (REGISTRATION, REGULATION AND FACILITATION) ACT, 2019 An Act to provide legal cover, substitute and consolidate the Laws for registration, regulation and facilitation of Charities in Balochistan [Gazette of Balochistan Extraordinary, 25th October, 2019] No. PAB / Legis: V(15) / 2019, dated 25.10.2019.---The Balochistan Charities (Registration, Regulation and Facilitation (Bill No.15 of 2019) having been passed by the Provincial Assembly of Balochistan on 12th October, 2019 and assented to by the Governor Balochistan, on 24th October, 2019 is hereby published as an Act of the Balochistan Provincial Assembly. Preamble.---WHEREAS, it is expedient to provide legal cover, substitute and consolidate the Laws for registration, regulation and facilitation of Charities in Balochistan; and for the matter ancillary thereto or connected therewith; It is hereby enacted as follows:- 4. Registration of Charity, conditions and Procedure for Registration.---(1) Registration for the purposes of establishment of a Charity or its functioning in Balochistan for anyone or more of the public benefit purposes mentioned in the Schedule, shall be mandatory. (2) All the Charities or organisations working for the welfare or charitable purposes and already registered under any of the laws, other than the laws mentioned in subsection (3) of Section 4 and rendering services in any or multiple activities mentioned in the Schedule shall have to seek fresh registration in accordance with the provisions of this law and on the production of such documents as deemed and required by the Registration Authority. (3) Henceforth, registration of a Charity or organization for charitable and welfare purposes under any law, other than this law, shall cease to be performed. However, Organisations registered and regulated under section 42 of the Companies Ordinance 1984 (Ordinance XLVII of 1984) or the Companies Act, 2017 (Act XIX of 2017), as the case may be, shall continue to be registered and regulated in a manner prescribed there under. (4) Any person or group of persons intending to establish a Charity, and any person intending that an agency etc already in existence shall continue as such in the prescribed form, shall on payment of the prescribed fee, make an application to the Authority, accompanied by a copy of the constitution of the agency, and such other documents as may be prescribed to the designated office of Registration Authority. (5) No Charity shall be registered by a name that in the opinion of the Authority is designed to ethnically exploit or offend the people through sectarian biases. (6) No Charity shall, except for reasons to be recorded in writing by the Registration Authority, be registered by a name that contains any words indicating,- (a) any connections with the Federal Government or a Provincial Government or any authority or corporation of such Government or that of Armed forces, judiciary, media; or (b) any linkage or re-naming of proscribed organization or having linkage with a proscribed individual; and (c) the patronage of, or any connection with, any foreign Government or any international Government or multilateral organization. (7) An organization which, through inadvertence or otherwise, is registered by a name in contravention of the provisions of subsections (5) and (6) shall,- (a) with the approval of the Registration Authority, change its name; and (b) if the Registration Authority so directs, within thirty days of the receipt of such direction, change its name with the approval of the Registration Authority. (8) Any person or organization prejudicially affected by the decision of the Registration Authority under subsection (5), (6) and (7) may prefer an appeal to the Board through the Director General, within thirty days of the receipt of the orders of rejection and the Board shall decide the matter within sixty days, the decision of which shall be final and not challengeable in any court of law. (9) The Registration Authority shall, within ninety days from the receipt of the application for registration,- (a) issue a certificate of registration; or (b) intimate to the organization applying for registration the flaw(s) in the application for registration submitted by it, on account of which the organization cannot be registered; or reject the application with an order containing the written reasons for such rejection. (10) Where intimation of flaw(s) in its application is provided to an organization that has applied for registration,- (a) the organization may within thirty days redress the deficiencies and resubmit its application, without the payment of fresh registration fee; and (b) if the above said time of thirty days elapsed, a fresh application along with prescribed fee for registration shall have to be submitted by the intending organization. (11) If the Registration Authority has not advised an organization about the flaw(s) in its application and intimation about the rejection of the application along with reasons having been recorded in writing within ninety days, the application shall be deemed to have been accepted and the organization shall be issued a certificate of registration. (12) In the event of rejection of the application for registration, an appeal may be preferred to the Board through the Director General, within thirty days of the receipt of the orders of rejection and the Board shall decide the matter within sixty days, the decision of which shall be final and not challengeable in any court of law. (13) The Registration Authority may, from time to time by notification in the official Gazette specify the registration fee, with prior approval of the Government.