| Citation(s) |
|---|
| 2020 SLG 83 2020 SLD 83 2020 PLD 1 |
Lahore High Court
Writ Petition No. 39800 of 2109, heard on 29-08-2019.
JAWAD HASSAN, JUSTICE
Petitioner(s) by: Barrister Hassan Nawaz Shaikh
Respondent(s) by: Ms. Sadia Malik, Assistant Attorney General, Azmat Hayat Lodhi, Assistant Attorney General with Zulfiqar Ali, Director Board of Investment, Lahore and Ms. Iqra Anum, Section Officer (PE-II
Writ Petition No. 39800 of 2109, heard on 29-08-2019.
JAWAD HASSAN, JUSTICE
Petitioner(s) by: Barrister Hassan Nawaz Shaikh
Respondent(s) by: Ms. Sadia Malik, Assistant Attorney General, Azmat Hayat Lodhi, Assistant Attorney General with Zulfiqar Ali, Director Board of Investment, Lahore and Ms. Iqra Anum, Section Officer (PE-II
AITEX PAKISTANVSGOVERNMENT OF PAKISTAN AND OTHERS
Law: Associations with Charitable and Not for Profit Objects Regulations, 2018
Section: 5
Law: Companies Act, 2017
Section: 42,441
Law: Constitution of Pakistan, 1973
Section: 199
Law: Foreign Companies Regulations, 2018
Section: 6,512(1)
(a) Associations with Charitable and Not for Profit Objects Regulations, 2018 --- ----Regln. 5---Foreign Companies Regulations, 2018, Regln. 6---Companies Act (XIX of 2017), S. 42---Non-Profit Organization ("NPO") and Non-Governmental Organization ("NGO")---Distinction--Generally, 'NPO' was an organization that operated on the principle that no member would receive profits from such organization, and such organization applied its surplus funds on the promotion of its objectives rather than distributing it among the members of such organization---On the other hand, 'NGO' was an association of persons that worked for promoting humanitarian objective instead of a commercial one, and was formed by ordinary citizens that operated autonomously/ independently of government---'NGO' and 'NPO' were two of the most common designations which worked towards improving human welfare and betterment of the society, and were often interchangeable. Advanced Law Lexicon, Volume 3, published by Lexis Nexis ref. (b) Policy for Regulation of International Non-governmental Organizations (INGOs) in Pakistan, 2015 [issued by the Ministry of Interior vide notification No.6/34/2015-PE-III dated 01-10-2015]--- ----Cl. 2---Entities to which the Policy for regulation of International Non-governmental Organizations (INGOs) in Pakistan, 2015 applied stated. Policy for Regulation of International Non-governmental Organizations (INGOs) in Pakistan, 2015 [issued by the Ministry of Interior vide notification No.6/34/2015-PE-III dated 01-10-2015] applied to entities that met the following criteria: (i) International Non-Governmental Organizations ("INGO") or International Non-Profit Organizations (INPOs) which may not be registered in their home countries as INGOs; which were part of the not for profit sector, and which undertook activities similar to typical INGOs; (ii) Entities which received foreign contributions or utilized foreign economic assistance to engage in various development programs in Pakistan; (iii) Private and self-governing entities which were separate and not controlled by the Government; (iv) Entities which were not receiving return profits generated to their owners or directors…
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