2. Sr
no
Laws The Societies
Registration Act,
1860
The Trusts Act,
18821
The Voluntary
Social Welfare
Agencies
(Registration And
Control
Ordinance), 1961
The Companies
Ordinance, 1984
1 The person who reposes or declares the confidence
is called the “author of the trust”:
the person who accepts the confidence is called the
“trustee”:
the person for whose benefit the confidence is accepted is called the
“beneficiary”:
the subject-matter of the trust is called “trust property” or “trust money”:
the “beneficial interest” or “interest” of the beneficiary is his right against the trustee as
owner of the trust property;
the instrument, by which the trust is declared is
called the “instrument of trust”:
2 Section 4(3) income tax 1922
The Cooperative
Societies Act, 1925
1. Which kind
of
organization
s can get
Registration
under the
Charitable
society2
Literary
society
Scientific
society
Corporations
Private trusts
Charitable
trusts.
Agency
Organization
Association
Non-governmental
Organizations
Nonprofit
making
Organizations
Company not for
Resource
society
Producers’
society
Consumers’
society
Housing society
3. law? profit
3 Associations Not For Profit Section 42
Associations not
for
profit3
Industrial
departments
Charitable and
other companies
4 Corporate Law Authority' deemed to mean and refer to the 'Securities and Exchange Commission
General society
2. Registration
authority
Application can
be filled with
Registrar and
signed by
President,
Chairman or
authorized
governing body
member.
Temporary
registration of
the documents
can be given.
An officer
authorized by the
Provincial
Government.
Corporate law
authority4.
In case of not for
profit
associations, the
Corporatization
& Compliance
department has
eight regional
offices of the
Securities and
Exchange
Commission.
The Provincial
Government or
registrar has
authority to classify
societies for
registration.
4. 3- Tax
exemption
Act is silent
about tax
exemption but
other mode is
applied
through the
income tax
commissioner.
Act is silent
about tax
exemption
but other
mode relates
to Property
act.
Act is silent
about tax
exemption.
Act is silent about
tax exemption
but other mode is
to apply by
federal board of
revenue
Power to exempt
from income-tax,
stamp-duty,
registration and
court fees.
4. Scope
Laws The Societies
Registration Act,
1860
The Trusts Act,
1882
The Voluntary
Social Welfare
Agencies
(Registration And
Control
Ordinance), 1961
The Companies
Ordinance, 1984
The Cooperative
Societies Act, 1925
4.1 Which kind
of
mandate/ob
jectives can
be
registered
under the
law?
Promote
i)Science,
Literature,
Fine arts
ii)Instruction
of the
diffusion of
useful
i)Advanceme
nt of religion
ii)
Advancement
of knowledge
iii)
Advancement
of commerce,
i)Child, youth
and women’s
welfare
ii) Welfare of
the physically,
socially and
mentally
handicapped.
Promoting
i) Commerce, art,
science, religion,
sports, social
services and
charity (educatio
n, religion,
community
i) The promotion
of thrift, self-help
and mutual
assistance
amongst
agriculturist and
other persons
with common
5. knowledge
iii)Diffusion of
political
education,
iv)Foundation
or
maintenance
of libraries or
reading rooms
for use among
members or
open to the
public
v)Public
museums and
galleries of
paintings
iv)Work of art
and
collection of
natural history
iiv)Mechanical
and
philosophical
inventions
health and
safety of the
public
iv)
Advancement
of any other
object
beneficial to
mankind.
iii) Family
planning,
recreational
programme
intended to
keep people
away from
anti-social
activities.
iv)Social
education, i.e.,
education of
adults aimed at
developing
sense of civic
responsibility
v) Welfare of
juvenile
delinquents,
the aged and
infirm, socially
handicapped,
the beggars
and destitute.
iv) Welfare and
bifacial activates,
eradiation of
poverty
ii) Any other
‘useful’ objective.
economic or
social interests
and for achieving
better standards
of living.
6. Instruments or
designs
iiiv)
Educational
and medical
services.
rehabilitation
of patients and
released
prisoners.
4.2 Prohibitions
or
restrictions
in law
The legal
proceedings or
suit will
continue with
the name of or
against the
successor.
Every trust
with unlawful
purpose is
void.
No Agency
can be
established
or continue
working
except in
accordance
with the
provisions
of this
Ordinance
Prohibition
against
establishing
or
continuing
an agency
without
registration
A n
association
partnership or
company
consisting of
not more than
twenty
persons
For the
purpose of
carrying on
any business
with less than
21 members
In the case of
a
Private
company,
two
Not
registered for
the purpose
of carrying on
business as a
banking
Society,
financing
bank.
Society shall
not make a
loan to any
person other
than a
member.
7. members.
4.3 Evidence of
registration
The registrar
Certify about
the
registration.
Act is silent,
however the
instrument
(trust deed)
of trust can
be considered
as evidence.
The
registration
authority shall
maintain a
register of all
certificates
issued as
evidence.
License issued by
security and
exchange
commission.
A certificate of
registration
signed by the
registrar.
5
Internal Governance Of Registered Organizations
Laws The Societies
Registration Act,
1860
The Trusts Act,
1886
The Voluntary
Social Welfare
Agencies
(Registration And
Control
Ordinance), 1961
The Companies
Ordinance, 1984
The Cooperative
Societies Act, 1925
5.
1
Number of
member in
an
organization
Seven or more
Persons can
be associated.
Silent about
number of
member in
an
organization.
Silent about
number of
member in an
organization.
However the
i) Three or more
persons
associated for
any lawful
purpose in a
A society rule
defines 30 or 50
members.
8. However the
charter may
define
number of its
member.
charter may
define number
of its member.
public
company
ii) One or more
persons can
associate in a
private company.
5.2 Suspension
or
dissolution of
office/officer
s of
registered
organizations
Act is silent
about
suspension or
dissolution.
However the
charter may
define its
suspension or
dissolution.
Apply by
petition to a
principal civil
court of
original
Jurisdiction
for the
appointment
of a trustee
or a new
trustee
Registration
authority in
writing can
suspend or
dissolve the
governing
bodies
responsible for
any irregularity
in funds for
any
maladministrat
ion.
Silent about
Suspension or
dissolution.
However the
charter may
define it.
Removed by the
registrar or as
given in rules.
9. 5.
3
Board of
governors
and directors
of registered
organizations
The governing
body consists
of governors,
Council,
directors,
committees,
trustees or
other
management
bodies and if
members are
guilty of
offences they
are punishable
as strangers.
Act is silent
about board
of governors
and
directors.
However the
charter may
define it.
Governing
body means,
the council,
committee,
trustees, or
other bodies,
dealing with its
executive
functions and
the
management
affairs.
Single member
company has at
least one
director, private
company has not
less than two
directors and
Public company
has not less than
three Directors
appointed and
elected.
Every listed
company has not
less than seven
directors5,
elected in a
general meeting.
General body
consists of all its
members and
managing
committee.
5 Section: 177,181,187and 236 describe the retirement, removal and ineligibility of certain persons to
become director.
10. 5.4 Annual
general
meetings/
annual
report or
general
board or
meetings of
registered
organizations
,
6 Section : 158
7 Section : 157
8 Section : 159
1) Annual
general
meeting is
held once in
every year,
which is
convened by
Chairman.
2)A list be filed
with the
Registrar of
Joint-stock
Act is silent
about
meetings.
However the
charter may
define it.
Act is silent
about
meetings.
However the
charter may
define it.
Third schedule
and ordinance
describes the
annual general
meeting6,
statutory
(general) meeting
of company7,
calling of
extraordinary
general
meeting8and
a)A general
meeting held
three months
after the date
fixed for making
up its accounts
for the year.
b) Special
general meeting
after one month.
c) Details about
general
11. Companies of
the names,
addresses
and
occupations of
governing
body.
deals with power
of commission to
call meetings9.
9 Section: 170
10 29. Form of memorandum and articles.- The form of—
(a) the memorandum of association of a company limited by shares;
(b) the memorandum and articles of association of a company limited by
guarantee and not having a share capital;
(c) the memorandum and articles of association of a company limited by guarantee
and having a share capital;
(d) the memorandum and articles of association of an unlimited company having a
share capital;
shall be respectively in accordance with the forms set out in Tables B, C, D and E in the
First Schedule or as near thereto as circumstances admit.
meeting is given
in rules.
5.5 The
memorandu
m of
association
or articles of
association.
The document
must have
1)The name of
the society
2)The objects
of the society
3)The names,
Act is silent
about the
memorandu
m of
association
or articles of
association.
Act is silent
about the
memorandum
of association
or articles of
association
Section 1016 is
about
Memorandum of
company limited
by shares
Section 17 is
about
Act is silent
about the
memorandum of
association or
articles of
association
12. addresses, and
occupations of
the governors,
council,
directors,
committee or
other
governing
body to whom,
by the rules of
the society,
the
management
of its affairs is
entrusted.
4) A copy of
the rules and
regulations of
the society,
certified to be
a correct copy
by not less
than three of
the members
of the
Memorandum of
company limited
by guarantee
Section :18 is
about
Memorandum of
unlimited
company
Section :19
Printing,
signature, etc., of
memorandum.
13. governing
body.
5.
6
Schedule,
rules, by-laws
and
their
modification
s or
amendments
.
a) Bye-law
made at a
general
meeting
having three-fifths
of the
member’s
votes.
b)Books of
society gives
existence of by
-laws
c) Societies
can alter,
extend or
abridge their
organizational
purposes.11
Act is silent
about it.
However the
charter may
define it.
11 Section : 12
12 Section :21
13 Section : 505 & 506
14 Cooperative Societies (Amendment) Act 2006
15 Cooperative societies (amendment) act 2006
1- Registration
Authority gives
approval on
the
amendment
2) Copy of the
amendment be
forwarded to
the
Registration
Authority.
2- Provincial
government,
by notification
in the official
gazette, makes
rules.
Alteration of
memorandum is
to change the
place of
its registered
office from one
province to
another, or from
one city or town
in a province to
another, or from
a part of
Pakistan)12.Feder
al government
have power to
alter schedules
and to make
rules.13
1Amendment
14of the by-laws
of a society can
be valid when it
is registered
under this act.15
2)When registrar
is satisfied he
can advise the
Society to make
the amendments
within a period
of sixty days.
3) By-laws are
registered and
enforce for the
time being.
14. 5.7 Penalties and
Procedure of
dispute
settlements
in registered
organizations
Sue or be sued
in the name
appointed by
the governing
body for the
occasion.
Where a
decree has
been made
in a suit for
the
execution of
a trust, the
trustee
cannot
exercise any
of his
powers.
1)SECTION
:14 deals
penalties and
procedure of
complaint in
writing made
by the
registration
authority,
2)SECTION
:232 deals
default in
compliance
with provisions
of Section
SECTION :
231 relate to
account
matters.
SECTION : 290
deal
applications to
court.
Be liable to a fine. Penalties and
Procedure of
dispute
settlements is
handling by
registrar.
5.8 Indication of Act is silent Act is silent. Registration Act is silent 1) The registrar
15. fraud, abuse
or illegal acts
in registered
organizations
about it.
However the
charter may
define it.
However the
charter may
define it.
authority can
deal in writing
with
organizations
responsible for
any irregularity
in funds for
any
maladministrat
ion.
.However the
charter may
define it.
can issue a
search warrant
for recovering
any papers,
documents or
books of account
belonging to a
society.
2) Section 61-
62 explains fine
not exceeding
fifty thousand
rupees for a
liable person.
5.9 Power of
courts
1) Court
having
jurisdiction
where the
defendant
resides, or the
society
situated, as
governing
body.
2) The
1)Civil court
of
Original
jurisdiction
for its
opinion,
advice or
direction on
question.
2) Respecting
the
Registration
Authority has
the jurisdiction
to decide
matters
relating to
courts.
1)High court
having
jurisdiction in the
place at which
the registered
office of the
company 2)The
federal
government may,
by notification in
the official
1.No Civil court
take cognizance
of any matter
connected with
the winding up
or dissolution of
a society under
this act and
when a winding
16. principal
court of
original civil
jurisdiction of
the district is
in which the
chief
building of
the society is
situating.
16 Section: 275,297 and 305.
management
or
administratio
n of the trust-property.
gazette empower
any civil court to
exercise
3)Registered
office within the
territorial
jurisdiction of
such court
4) The magistrate
of the first class
or the court has
the jurisdiction.
up order has
been made no
suit or other
legal proceeding
can take place.2)
No court take
cognizance of
any offence
punishable
6
Policies
Laws The Societies
Registration Act,
1860
The Trusts Act
1882
The Voluntary
Social Welfare
Agencies
(Registration And
Control
Ordinance), 1961
The Companies
Ordinance, 1984
The Cooperative
Societies Act , 1925
6.1 Policy of
dissolution/
winding up
- Society
cannot be
dissolved
Silent about
Policy of
dissolution/
i)- Registration
authority has
Reason to
Three models are
1)Application for
winding up16 of
If membership of
the society has
been reduced to
17. of
registration
or
organization
without the
consent of
the
government
of the
province of
registration
- Three-fifths
of the
members
have
expressed a
wish for such
dissolution by
their votes, it
dissolved at
the time they
agreed.
winding up of
registration
or
organization.
However the
charter may
define it.
believe that at
a registered
agency is
acting in
contravention
of its
constitution
ii) Making
order for the
dissolution of
agency not less
than three
fifths of it
members
applies to the
Provincial
government.
company
ii) Modes of
winding up.
iii) Circumstances
in which
company may be
wound up by
court.
less than the
requisite
minimum, the
society
dissolved.
6.
2
Policy of
cancellation
/revocation
of
registration
or
organization.
Silent about
cancellation.
However the
charter may
define it.
A trust can
be revoked
only—
(a) Where all
the
beneficiaries
are
When agency
is dissolved
under this
Ordinance, its
registration
cancelled on
and with effect
The commission
can revoke the
license any time.
If certificate of
registration is
not signed by
the registrar, it’s
Registration can
be cancelled.
2) SECTION : 49.
18. competent to
contract-by
their consent;
(b) Where
the trust has
been
declared by a
non-testamentary
instrument
(c) Where the
trust is for
the payment
of the debts.
from date the
order of
dissolution
takes effect.
Describe effect
of cancellation of
registration.
6.3 Policy for
Enquiries
In case of
inquiry the
Provincial
government
can declare
the
governing
body to be
superseded
for period, not
exceeding one
Act is silent
about Policy
for Enquiries.
However the
charter may
define it.
Registration
Authority deals
with inquiry
matter.
Section : 263.
On receiving an
application by
members or
report by
registrar about
affairs of the
company.
Section : 265.
Investigation of
company’s affairs
The registrar can
hold an inquiry
about the
financial and
working
condition of a
society.
19. year. in other cases.
17 Substituted by Companies (Amendment) Ordinance, 2002.
Section :
283defines
Company’s
power to refer
matter to
arbitration.
Section :
478.define
powers of the
federal
government, etc.,
in relation to
enquiries.
Section : 149
17deals with
proceedings.
6.4 Audit or
account
policy of
organization,
Act is silent
about Audit or
account policy
of
organization.
A trustee is
bound (a) to
keep clear
and accurate
Accounts of
The
registration
authority,
inspect the
books records,
Section : 230.
Books of account
to be kept by
company
Section : 231.
1) Accounts are
maintained by
book, document,
cash or securities
2) The Registrar
20. However the
charter may
define it.
18 Non-Banking Finance Companies
(i)Investment Finance Services;
(ii) Leasing;
(iii) Housing Finance Services;
(iv) Venture Capital Investment;
(v) Discounting Services;
(vi) Investment Advisory Services;
(vii) Asset Management Services
the trust-property,
securities,
Cash and other
properties.
Section : 7.
Conditions to
be complied
with the
registered
agencies
Section : 252.
Appointment
and
remuneration
of auditors.
Inspection of
books of account
by registrar, etc.
Section : 233.
Annual accounts
and balance-sheet-
Section : 282
Special audit18.-
himself, can be
an auditor or can
appointed a
committee of
auditors.
21. THE END.
6.5 Document’s
Inspection
policy of
organizatio
n
1) On
payment any
person can
inspect all
documents
which are
filed with the
registrar
2) Any person
can get
required copy
or extract of
any
document.
Act is silent
about it.
However the
charter may
define it.
1)Annual
report
and audited
accounts which
are sent to the
registration
authority can
be published
for general
Information.
2) On payment
any person can
Inspect any
document
relating to a
registered
agency
1) The registrar
can order an
immediate
inspection of the
copies or
register.
Section :76,147,
149 and 156
deals with
evidence of any
matter
/documents kept
by the registrar.
A copy of act,
rules, by-laws
and a register is
available for
inspection at the
registered
address of the
society.
