Week 14:NGOs Registration act in Pakistan
Pakistan NGO Legal Regulations
There is no single body of law that governs NGOs in Pakistan. The Constitution guarantees
citizens the right to assembly “subject to any reasonable restrictions imposed by law in theinterest of Public order.” In addition, depending on the source, there are between 10 to 18
different laws in Pakistan that may govern an NGO. Several of these laws are based onBritish laws enacted by colonial rulers in the mid- to late 1800s before Pakistan was partitioned from India. The kinds of laws that govern NGOs fall into two categories:registration laws that define internal governance and the reporting relationship between thestate and the NGO, and taxation laws.
Registration
Many NGOs in Pakistan are unregistered. According to a 2000 study, unregistered NGOscomprised 38% of all NGOs. Reasons for this high rate vary, but may include highregistration fees and the discretionary and inconsistent implementation of the registrationlaws by the governing authority. For those NGOs that do choose to register, the benefits,although not necessarily enjoyed by every registered NGO, include:
1.the ability to enforce by-laws
2.statutory requirements that force an NGO to become organized
3.legal status “at the official level and among donors;”
4.the ability to open a bank account
5.the ability to sign contracts
6.the ability to indemnify employees
7.the ability to qualify for financial assistance and tax exemption.
There are four main registration laws:
1.the Societies Registration Act of 1860,
2.the Trusts Act, 1882,
3.The Voluntary Social Welfare Agencies (Registration and Control) (VSWA)Ordinance, 1961,
4.The Companies Ordinance, 1984.Except under the VSWA Ordinance, registration is optional.