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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:- 17. Financial irregularity.---(1) On receipt of a complaint in writing alleging financial irregularities supported by one-third of the members or one-third of the members of the governing body of registered Charity or from a person or body that had contributed more than five percent of the total funds received by the organization in the last year for which final accounts are available, the Authority, after giving the organization an opportunity of being heard, authorize an external auditor to carry out within sixty days an audit of the Charity. (2) Upon authorization of an external audit in terms of subsection (1) above, the Authority may direct immediate possession of the books of account, ledgers or the relevant electronically or manually preserved data of the Charity by an officer of the Authority. (3) The external auditor shall, upon authorization in writing, complete the audit and submit the audit report within sixty days: Provided that Registration Authority may extend the period of sixty days for another thirty days on the basis of a request in writing from the external auditor clearly stating the grounds therein. (4) In the event of a complaint being found by the Registration Authority to be vexatious or frivolous, the Authority may impose a fine of up to twenty five thousand rupees on each one of the complainants. In the case of a member of the governing body or other member or an official of an organization being fined under this subsection, he shall stand removed from the office held by him as well as the membership of the organization. Appeal against an order imposing a fine in terms of this subsection may be preferred within thirty days of such order to the Board through Director General within thirty days of the receipt of the order 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. (5) In the event of the external auditor's report indicating serious financial irregularity or irregularities, the Registration Authority shall provide with the auditor's report and the issues required to be addressed by the organization or any of its office bearers or members, who shall be provided due opportunity of being heard. The Registration Authority, if not convinced with the reply, may initiate an inquiry. If upon completion of its inquiry, the Registration Authority is satisfied that serious financial irregularity has been committed with respect to the affairs of a registered Charity, it may:- (i) suspend or remove, after recording reasons in writing one or more members of the governing body or such other members or office bearers thereof as appear to be responsible for the irregularities detected; and (ii) initiate civil as well as criminal proceedings against such office bearer or member, including proceedings for the recovery of the misappropriated assets. (6) The vacancies caused by removing of the members of the governing body of an organization in terms of subsection (5) shall be filled in accordance with the charter of the organization, but in no case later than sixty days from the date of removal of the members of the governing body found responsible for financial irregularities. (7) The vacancies created as a result of such suspensions shall be filled up in accordance with the Charter or bye-laws of the Charity. (8) Any member of the governing or office bearer body or any other member the Charity suspended under subsection (5) shall not act as office-bearer of the organization during the period of his suspension.