Legislation

Charities and Societies Proclamation (proc. no.621/2009)

SECTION TWO CHARITIES AND SOCIETIES AGENCY
4. Establishment
1/ The Charities and Societies Agency (hereinafter referred to as the “Agency”) is hereby established by this Proclamation with its own legal personality and as an institution of the Federal Government
2/ The Agency shall be accountable to the Ministry.
5. Objectives of the Agency
The Agency shall have the following objectives:
1/ to enable and encourage Charities and Societies to develop and achieve their purposes in accordance with the law;
2/ to create a situation in which the operation of Charities and Societies is transparent and accountable;
3/ to ensure that Charities and Societies operate legally.
6. Powers and Functions of the Agency
1/ The Agency shall have the following powers and functions:
a) to license, register, and supervise Charities and Societies in accordance with this Proclamation;
b) to encourage Charities and Societies to have better administration;
c) collect, analyze and disseminate information that has connection with its powers and functions;
d) publish and distribute information about the registration of Charities and Societies in the Gazette;
e) organize consultative forum for governmental organs and Charities and Societies;
f) to make proposals to the Ministry on matters relating to meeting its objectives;
g) take decisions, in cooperation with the concerned Sector Administrator, on the application of Charities and Societies for registration and license;
h) without prejudice to the provisions of Proclamation No. 334/2003 (as amended), to exercise the powers of registration and authentication of documents with regard to Charitable Endowments and Charitable Trusts;
i)to collect fees for the services it renders in accordance with the rate to be approved by the Government;
j) to own property, enter into contract, sue
and be sued in its own name;
k)to delegate, when it deems necessary, the powers and functions given to it by this Proclamation; and
l) carryout such other activities necessary for the attainment of its objectives.
2/ Notwithstanding sub-article 1(h) of this Article, the Minister may order the Office of Documents Authentication and Registration to open a branch office in the premises of the Agency or assign its employee
7. Organization of the Agency
The Agency shall have:
1/ A Charities and Societies Board (hereinafter referred to as the “Board”);
2/ A Director General to be appointed by the
Government; and 3/ The necessary staff.
8. Members of the Board
1/ The Board shall have seven members, including its Chairperson, to be nominated by the government.
2/ Among the board members who are appointed in accordance with sub-article (1) of this Article, two of them shall be nominated from the Charities and Societies.
9. Powers and Functions of the Board
The Board shall have the following powers and functions:
1/ deliberates on and makes recommendations to the Minister on policy matters concerning the implementation of this Proclamation;
2/ gives solutions to problems that arise in connection with the administration of Charities and Societies;
3/ hears appeals from decisions of the Director
General in accordance with this
Proclamation;
4/ approves directives to be issued by the
Agency;
5/ decides on other matters concerning Charities and Societies submitted to it by the Director General.
10. Meetings of the Board
1/ The Board shall meet once every month. It may; however, conduct emergency sessions as may be deemed necessary.
2/ There shall be a quorum where more than half of its members are present.
3/ Decisions of the Board shall be made by a majority vote; in case of a tie, however, the Chairperson shall have a casting vote.
4/ Without prejudice to the provisions of this Article, the Board may prescribe its own rules of procedure.
11. Powers and Functions of the Director General 1/ The Director General shall be the chief executive of
the Agency and shall, according to the general directions given to him by the Ministry, direct and administer the activities of the Agency.
2/ Without prejudice to the generalities of sub-Article (1) of this Article, the Director General shall:
a)exercise the powers and functions of the Agency specified under Article 6 of this proclamation;
b)employ and administer the employees of the Agency in accordance with regulations issued by the Government following basic principles of Federal Civil Service Laws ;
c)prepare the work programme and budget of the Agency; and implement same upon approval by the Ministry;
d)effect expenditure in accordance with the budget and work programme approved for the Agency;
e)represent the Agency in all its dealings with third parties;
f)prepare and submit to the Ministry the activity and financial reports of the Agency.
3/ The Director General may delegate part of the directorial powers and functions to officials and employees of the Agency to the extent necessary for the efficient performance of the activities of the Agency.
12. Budget
The budget of the Agency shall be allocated by the Government.
13. Books of Account
1) The Agency shall keep complete and accurate books of account.
2) The Agency’s books of account and any other financial documents shall, every year, be inspected by the General Auditor or by the Auditor who is assigned by the General Auditor.

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3 replies »

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