Updated: Saturday April 16, 2011/AsSabt
Jamada El Oula 13, 1432/Sanivara
Chaitra 26, 1933, at 06:35:25 PM
The Foreign Cultural Associations’ (Regulation of Functioning) Act,
1975
ACT LXXIX OF 1975
18th December, 1975
An Act to provide for the regulation of the functioning of foreign cultural associations.
The following Act of Parliament received the assent of
the President on the 13th December 1975, and is hereby published for general
information:---
Whereas it is expedient to provide for the regulation of the
functioning of foreign cultural associations.
It
is hereby enacted as follows:---
1. Short title, extent and commencement.-(l)
This Act may be called the Foreign Cultural Associations’ (Regulation of
Functioning) Act, 1975.
(2) It extends to the whole of
(3)
It shall come into force at once.
2. Definitions.-- ln this Act unless there is anything in the subject or
context.
(a) ‘foreign cultural association’ means an association, by whatever name
called, having as its object the promotion of cultural and friendly relations
between Pakistan and a foreign country and includes a branch of such
association; and
(b)
‘prescribed’ means prescribed by rules made under section 15.
3.
Formation of foreign cultural association.-No
foreign cultural association shall be formed with the object of, engaging
itself in, propagating any opinion or acting in any manner, prejudicial to the
ideology, integrity, security, Constitution or system of Government of Pakistan
or
(2) A
foreign cultural association shall have only one head office, but may, with the
prior permission in writing of the Federal Government, set up a branch at the
principal seat of a Provincial Government.
(3) Every foreign cultural association shall appoint its President with the
approval of the Federal Government in the prescribed manner.
(4) No new foreign cultural association shall be set up or shall start
functioning unless registered by the Federal Government and such regulation may
be granted subject to such conditions as the Federal Government may specify.
(5) An existing foreign cultural association shall apply in the prescribed
manner for registration within one month of the coming into force of the rules
to be made under this Act and the Federal Government may grant registration
subject to such conditions as it may specify.
4. Responsibilities of foreign cultural associations.~(1) Every foreign
cultural association shall,---
(a) maintain audited accounts in the prescribed manner;
(b) pay all moneys received by it into a separate account kept in its name at
the bank which is a scheduled bank within the meaning of the State Bank of
Pakistan Act, 1956 (XXXIII of 1956);
(c) submit to the Federal Government such information relating to its accounts
and affairs as the Federal Government may from time to time require.
(2) Any officer authorised in this behalf by the Federal Government may at all
reasonable times inspect the books of account and other records of a foreign
cultural association, the securities, cash and other properties held by the
association, and all documents relating thereto.
5. Dissolution of foreign cultural associations.-(l) No foreign cultural
association shall be dissolved otherwise than in accordance with its
constitution or with the provisions of subsections (2) and (3).
(2) Not less than sixty per cent of the members of a foreign cultural
association may make an application to the Federal Government in the prescribed
manner for making an order for the dissolution of the association.
(3) If an application is made to it under subsection (2), or if it has reason
to believe that a foreign cultural association has acted or is acting in
contravention of its constitution or of the provisions of section 3, the
Federal Government may, by order in writing after giving the association an
opportunity of being heard, direct that the association shall stand dissolved
on and from such date as may be specified in the order.
(4) Where an order of dissolution has been made otherwise than on an
application made under subsection (2), the foreign cultural association to
which the order relates or any member thereof aggrieved by the order may apply
to the Federal Government for a review of the order; and the order of the
Federal Government passed after giving the applicant an opportunity of being
heard shall be final and shall not be questioned, or be permitted to be
questioned, by or before any Court.
(5) Subject to any order of the Federal Government in review under subsection
(4) the dissolution of a foreign cultural association in pursuance of an order
of the Federal Government under subsection (3) shall be deemed to be a
dissolution in accordance with the provisions of the constitution of the association
and the affairs of association shall be wound up in accordance with those
provisions.
6. Consequences of dissolution.-Where any foreign cultural association
is dissolved, the association or any of its members shall not engage itself or
himself in any activities other than such as may be necessary for the winding
up of its affairs.
7. Government servant not to become member of a foreign cultural
association.-Without prejudice to the provisions of any law for the time
being in force no person in the service of the Federal Government or a
Provincial Government shall, without the prior permission in writing of such
Government, become a member or office-bearer of any foreign cultural
association.
8. Members not to obtain pecuniary advantage.-No member of a foreign
cultural association shall, by virtue of being such member, obtain any
pecuniary advantage for himself or any other person.
9. Acceptance of foreign assistance.-No foreign cultural association
shall, without the previous permission in writing of the Federal Government
accept any assistance or aid, in any form whatever, from the Government or any
other authority, body or organization of a foreign country or from a national
thereof.
10. Financial assistance by foreign cultural association prohibited.-No
foreign cultural association shall, directly or through any person or in any
other manner make any contribution of money or other thing of value, or
promise, expressly or impliedly, to make any such contribution in connection
with an election to a political office or in connection with any election to
the National Assembly, the Senate or a Provincial Assembly of Pakistan.
11. Destruction, etc. of books and records prohibited.-No person shall
willfully conceal, destroy, obliterate or mutilate, or attempt to conceal,
destroy, obliterate or mutilate, or cause to be concealed, destroyed,
obliterated or mutilated, any books or records of any foreign cultural
association required to be kept under this Act.
12. Filing of copies of political propaganda.-Every foreign cultural
association which, and every member of such association who, transmits by past
or otherwise any political propaganda for or in the interests of such
association in the form of prints or in any other form which is reasonably adapted
to being, or which it or he believes will be, or which it or he intends to be
disseminated or circulated among two or more persons shall:---
(a) conspicuously mark such political propaganda at its beginning with, or
preface it by or attach to it, a true and accurate statement, in the language
used in such propaganda, setting forth the connection or relationship between
the association or, as the case may be, such member and the political
propaganda; and
(b) not later than forty-eight hours after its transmission, file with the
Federal Government two copies thereof and a statement, duly signed by a member
on behalf of the association or by such member on his own behalf setting forth
full information as to the places, times and extent of such transmission.
Explanation--- This section, ‘political propaganda’ includes any oral,
visual, graphic, written, pictorial or other communication or expression by any
person which is reasonably adapted to, or which the person disseminating the
same believes, will or which he intends to, prevail upon, convert, induce, or
in any other way influence a recipient or any section of the public within
Pakistan with reference to the political or public interests, policies or
relations of the Government of a foreign country or a foreign political party
or with reference to the foreign policies of Pakistan or promote in Pakistan
racial, parochial, religious or social dissension, or which advocates, advises,
instigates or promotes any racial, parochial, social political or religious
disorder, civil riot or other conflict involving the use of force or violence
or the overthrow of the Government established by law in Pakistan, by any means
involving the use of force or violence.
13. Penalties and other procedure.-Any person who:---
(a) contravenes or does not comply with, any of the provisions of this Act or
any rule or order made thereunder;
(b) is a member or office-bearer of a foreign cultural association formed or
functioning in contravention of section 3; or
(c) in any report or statement submitted under this Act to the Federal
Government or other authority, makes only false statement or false
representation; shall be punishable with imprisonment for a term which may
extend to two years, or with fine which may extend to ten thousand rupees, or
with both.
14.
Indemnity.-No suit, prosecution or other
legal proceeding shall lie against any person for anything which is in good
faith done or intended to be done under this Act.
15.
Power to make rules.-The Federal
Government may, by notification in the official Gazette make rules for carrying
into effect the provision of this Act.
16.
Delegation of Powers.-The Federal Government may, by order, direct that any
power conferred on it by this Act shall, in such circumstances, and subject to
such conditions, if any, as may be specified in the direction, be exercisable
also:---
(a) by any officer or authority subordinate to the Federal Government; or
(b)
by any Provincial Government or by any officer or authority subordinate to such
Government.
17. Repeal. The Foreign Cultural Associations (Regulation of Functioning) Ordinance, 1975 (XVIII of 1975), is hereby repealed.
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