In Pakistan, Non-Governmental Organizations (NGOs) are required to register with the government to carry out their activities legally. NGO registration in Pakistan is governed by the Societies Registration Act 1860, the Voluntary Social Welfare Agencies (Registration and Control) Ordinance 1961, and the Companies Act 2017. In this article, we will discuss the legal requirements for NGO registration in Pakistan in detail.
Societies Registration Act 1860:
Under the Societies Registration Act 1860, NGOs can be registered as societies. To register as a society, the following legal requirements must be fulfilled:
- Minimum Seven Members: At least seven individuals are required to form a society. The individuals must be over the age of 18 and must not have been convicted of any criminal offence.
- Memorandum of Association: The Memorandum of Association must be drafted, which outlines the objectives of the society and the rules and regulations under which it will operate.
- Board of Governors: The society must have a board of governors that will oversee the affairs of the organization. The board must consist of a president, a secretary, and a treasurer. The board must also have a minimum of three members.
- Registration with Registrar of Societies: The society must be registered with the Registrar of Societies in the province where it intends to operate.
For example, the Human Rights Society of Pakistan was registered under the Societies Registration Act 1860 in 2010. The society aims to promote and protect human rights in Pakistan.
Voluntary Social Welfare Agencies (Registration and Control) Ordinance 1961:
Under the Voluntary Social Welfare Agencies (Registration and Control) Ordinance 1961, NGOs can be registered as voluntary social welfare agencies (VSWAs). To register as a VSWA, the following legal requirements must be fulfilled:
- Registration with Registrar of VSWAs: The NGO must be registered with the Registrar of VSWAs in the province where it intends to operate.
- Memorandum of Association: The Memorandum of Association must be drafted, which outlines the objectives of the NGO and the rules and regulations under which it will operate.
- Board of Governors: The NGO must have a board of governors that will oversee the affairs of the organization. The board must consist of a president, a secretary, and a treasurer. The board must also have a minimum of three members.
- Submission of Annual Report: The NGO must submit an annual report to the Registrar of VSWAs detailing its activities during the year.
For example, the Edhi Foundation, one of the largest NGOs in Pakistan, is registered under the Voluntary Social Welfare Agencies (Registration and Control) Ordinance 1961. The foundation provides healthcare, education, and shelter to people in need.
Companies Act 2017:
Under the Companies Act 2017, NGOs can be registered as companies limited by guarantee. To register as a company limited by guarantee, the following legal requirements must be fulfilled:
- Minimum Three Members: At least three individuals are required to form a company limited by guarantee. The individuals must be over the age of 18 and must not have been convicted of any criminal offence.
- Memorandum of Association: The Memorandum of Association must be drafted, which outlines the objectives of the NGO and the rules and regulations under which it will operate.
- Articles of Association: The Articles of Association must be drafted, which outlines the rules and regulations for the management of the company.
- Board of Directors: The NGO must have a board of directors that will oversee the affairs of the organization. The board must consist of a chairman, a chief executive officer, and a minimum of two directors.
- Registration with Securities and Exchange Commission
For example, the Lahore Bachao Tehreek (Save Lahore Movement) is a non-profit organization that is registered as a company limited by guarantee under the Companies Act 2017. The organization aims to preserve Lahore’s heritage and culture by raising awareness and advocating for the protection of historic buildings and sites.
In addition to these legal requirements, NGOs must also adhere to other legal and regulatory requirements in Pakistan. These include:
Taxation Laws:
NGOs are required to register with the Federal Board of Revenue (FBR) for taxation purposes. They must also file their tax returns annually.
Foreign Contributions Regulations Act 2018:
NGOs that receive foreign funding must comply with the Foreign Contributions Regulations Act 2018. The Act requires NGOs to register with the Economic Affairs Division (EAD) and to obtain prior approval from the EAD before receiving any foreign funding.
Anti-Money Laundering Laws:
NGOs are required to comply with Pakistan’s Anti-Money Laundering laws. They must implement measures to prevent money laundering and terrorism financing and must report any suspicious transactions to the authorities.
Data Protection Laws:
NGOs must comply with Pakistan’s data protection laws, which require them to protect the personal data of their employees, members, and beneficiaries.
In conclusion, NGOs in Pakistan must comply with various legal and regulatory requirements to operate legally. Depending on their structure and objectives, NGOs can register as societies, voluntary social welfare agencies, or companies limited by guarantee. In addition to these legal requirements, NGOs must also comply with taxation laws, foreign contributions regulations, anti-money laundering laws, and data protection laws. By fulfilling these legal requirements, NGOs can carry out their activities legally and contribute to the development of Pakistan.
