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Non-Governmental Organization Registration in Pakistan

NGOs, or "non-governmental organizations", are organizations that are not run by the government but are instead established for the primary purpose of ensuring community work and social welfare. In Pakistan alone, there are many national and international NGOs that have been registered in order to begin their operations. We've seen a considerable amount of growth in the non-profit sector recently as the Pakistani government has begun to learn more about the importance and value of having NGOs present in order to help with the development and improve the quality of life for its citizens.

NGOs in Pakistan have been gaining attention in recent years due to their involvement in relief efforts for various crises and natural disasters. However, many of these NGOs are informal and unregistered with any government agency.

Registering your NGO in Pakistan is a simple process that can be completed in a few easy steps. This article provides guidelines on how to register an NGO in Pakistan and what the various factors influencing this process are. If you are looking to participate in the welfare of the society or help a group of people affected by some crises or disaster, then you should register your NGO in Pakistan. Registering your NGO will allow you to work more efficiently and effectively towards your goals, as well as provide you with certain legal protections.

LAWS AND REGULATIONS TO REGISTER NGO IN PAKISTAN

The laws regulating the business and framework of NGO and its registration is different from entity that works for profit in Pakistan. NGO can be registered under different’s law and can function in consonance to the different set of provisions provided for in those laws. Different laws under which NGO can be registered in Pakistan are as follow:

In Pakistan, the laws regulating businesses and NGOs differ from those regulating entities that work for profit. NGOs can be registered under different laws and can operate according to the different sets of provisions laid out in those laws. Some of the different laws under which NGOs can be registered in Pakistan are as follows:

-The Companies Act, 2017

-The Voluntary Social Welfare Agencies (Registration & Control) Ordinance, 1961

-The Societies Registration Act, 1860

-The Trust Act, 1882

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COMPANY NOT FOR PROFIT UNDER COMPANIES ACT, 2017:

This type of NGO can be registered as a company under the Companies Act, 2017. It will have to comply with the provisions laid out in this act, which include having at least three members and having objects that are not for profit. A non-profit Limited Company can be registered under section 42 of the Companies Act, 2017 with the Security Exchange Commission of Pakistan. A non-profit association under the umbrella of Limited Company can be either an organization formed for the purpose of serving the public or for mutual benefit of certain group or class of people.

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DOCUMENTS REQUIRED FOR NGO REGISTRATION UNDER THE COMPANY ACT, 2017

In order to register your company, you will need to submit an application for the availability of the name, a bank challan for the registration fee of Rs. 25,000, and a list of promoters with their detailed particulars. The promoters must also provide scanned copies of their CNICs and an undertaking for the payment of initial donations. There must be at least three promoters, who must have the sufficient skills, expertise and resources to accomplish the objectives of the company. Additionally, you will need to provide a mission statement and a statement of work detailing the activities that will be carried out under the company.

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THINGS TO BE MAINTAIN

The company must provide the Register with an annual Audit Report, a list of projects completed and projects in progress, bank account details, and a list of office bearers/members along with contact numbers. The Article of Association must be signed by three office bearers or members, as the case may be. The company should not claim patronage from any government or authority unless it has received written consent from such government or authority. The company shall not engage in industrial or commercial activities or function as a trade organization.

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VOLUNTARY SOCIAL WELFARE AGENCIES (REGISTRATION AND CONTROL) ORDINANCE, 1961

A voluntary social welfare agency is a non-profit organization that is registered and regulated by the government. Voluntary agencies are created by people who want to help others without expecting anything in return. These agencies provide services to the community such as:
- Health care
- Education
- Housing
- Social work
- Counselling

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Various types of welfare that social work covers:

-Child welfare
-Youth welfare
-Women Welfare
-Welfare for mentally and physically handicapped
-Family planning
-Recreational programmes intended to keep people away from anti-social activities
-Social education aimed at developing sense of responsibility among people

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DOCUMENTS REQUIRED FOR NGO REGISTRATION UNDER VOLUNTARY SOCIAL WELFARE AGENCIES ORDINANCE, 1961

The following documents are required for the constitution of the Agency:
- Form B signed
- Attested cnic copies of all members
- The 1st minute of meeting of the members of Agency
- Registered address of the Agency along with Correspondence email address, Correspondence
telephone and Website of Agency.
- Letterhead of the Agency stamped and sealed
- Office bearers list with mobile number
- Member list of general body along with contact numbers and valid email addresses of all members

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SOCIETIES REGISTRATION ACT, 1860

Societies which are registered under The Societies Registration Act, 1860 include but are not limited to Charitable societies, societies established for the promotion of science, literature, or the fine arts, for instruction, the diffusion of useful knowledge [the diffusion of political education], the foundation or maintenance of libraries or reading rooms for general use among the members or open to the public, or public museums and galleries of painting and other works of art, collections of natural history, mechanical and philosophical inventions, instruments, or designs.

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DOCUMENTS REQUIRED FOR NGO REGISTRATION UNDER SOCIETIES ACT 1860

The Memorandum of Association
The Articles of Association
Attested CNIC copies of all members of organization
The 1st minute of meeting of Members of Society
Registered address, Correspondence email address, Correspondence telephone and website address of Society.
Application for registration must be given on Letterhead accompanied by prescribed forms available at office of Registrar Societies.

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THE TRUST ACT, 1882

A public charitable trust can be created for the benefit of society or for certain sections of society. It's important to note that Trust and Waqf may seem similar but in Waqf is made for religious purposes while Trust is created to give benefit to general or certain class of people in society. Trust property vests in Trustees, but waqf property vests in Almighty Allah. The purpose of a trust is only considered lawful if it is (a) not forbidden by law, (b) not the kind of thing that would go against any law if it were allowed, (c) not done as part of a fraud, (d) not likely to cause harm to another person or their property, or (e) not something that the Court would see as being morally wrong or against what is good for society.

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DOCUMENT REQUIRED FOR NGO REGISTRATION UNDER THE TRUST ACT, 1882

A trust deed provides the detail of properties, objectives & other details with reference to Trust. It's a document that outlines the particulars of the trust, trustees and beneficiaries. The ownership proof along with other documents to prove ownership of property is included in the trust deed.

How Burhan & Associates Can help?

There is no one-size-fits-all answer when it comes to deciding which entity to form. The best way to decide is by looking at the facts and circumstances of each case. If you are looking to establish an NGO or NPO in Pakistan, it depends not only on the purpose, object and scope of association, society or agency, but also on the donators. Burhan & Associates has extensive experience in registering NGO, NPO and Trust in Pakistan and can legal assist you not only in choosing the favourable entity for your object, but also can get your entity registered and running hassle-free and efficiently while you can focus your energy on material and crucial issues pertaining to business.

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