| The Social Associations and Organisations Law - Law Number 22/1966 |
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| Tuesday, 22 July 2008 18:12 |
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The name of the law and the time it comes into force Article 1 This law is called "The Social Associations and Organisations Law of the year 1966" and will come into force one month from the publication of it in the Official Gazette. Terminology Article 2 The following terms and expressions as contained in this Law shall have the following meanings, unless it is clearly stated otherwise: The term "The Minister" - The Minister of Social Development The term "The Ministry" - The Ministry of Social Development The term "The Director-General" - The Director-General of the Ministry of Social Development The term "The Governor" - The Administrative Officer The expression "charitable association" means any organisation which is comprised of seven or more persons whose basic aim is to organise their efforts towards the provision of social services to the citizenry without its activities or work being intended to make a tangible profit or to provide personal gain or to attain any political objectives. This definition shall not include political associations or associations and organisations - which are established under the provisions of a special law. The expression "social organisation" means any organisation which is comprised of seven or more persons which provides social services, whether they be educational or training or charitable services. This definition shall include social centres, always providing that the purpose of them is to provide a service to society but without its activities or work being intended to make a tangible profit or to provide personal gain or to attain any political objectives. The expression "ordinary association" or "ordinary organisation" means any organisation which is comprised of seven or more persons whose basic aim is to organise their efforts towards the provision of social services to the citizenry , or to any group of them - but which does not include the objectives of the charitable associations - and sporting, cultural and social clubs or scouting or guiding movements. The Minister of the Interior shall exercise the powers granted to the Minister of Social Affairs under the above Law in matters relating to the ordinary associations and the ordinary organisations. The expression "unified association" or "unified social organisation" means any association or social organisation which is formed through the amalgamation of two or more charitable associations or organisations and which is registered in accordance with the provisions of this Law. The expression " District Union of Charitable Organisations" means any charitable organisation which is formed through the amalgamation of three or more charitable organisations and which is registered in accordance with the provisions of this Law. Each District Union shall encompass the charitable associations affiliated to it and shall possess a legal personality. The basic purpose of the Union shall be to coordinate the organisational work between the charitable organisations affiliated to it, and strengthen them and motivate them and develop social awareness so that other charitable organisations may be set up in that district. The expression " General Union of Charitable Organisations" means the national organisation containing the group of the all the district organisations in the Kingdom, and the basic purpose of it shall be to coordinate the efforts of the District Unions which are members of it and raise the level of social service provision in the Kingdom and participate in social planning at the national level. The expression "generic union" means three or more charitable associations or organisations or local charitable organisations which have formed a generic union, on condition that the services which they provide are similar and it is intended that the basic purpose of the generic union should be the coordination of efforts and the unification of services and the development of social awareness. The expression "foreign association" means any social organisation or charitable association which has its headquarters outside the borders of the Kingdom or where more than half the members of its board of management are non-Jordanians. The expression "social service" for the purposes of this Law is any service or activity which is provided voluntarily and by choice in order to improve the conditions of the citizenry in society in a physical, cultural, educational, health, sporting, spiritual, sociological or artistic manner. Religious and monastic organisations [sic] Article 3 A. Notwithstanding what is stated in this Law, the Minister of Culture and Youth shall be granted powers to issue orders relating to sporting, social and cultural clubs and associations and literary, artistic and dramatic societies which are of a purely cultural nature. B. Excepted from the provisions of Clause A of this Article are professional organisations and organisations specialising in the branches of the various sciences. Article 4 After the registration of the charitable associations or social organisations under the provisions of this Law, they shall gain a recognised legal juridical personality which will give them the right to engage in litigation and carry out any other act which is permitted by their memorandum of association. The formation of charitable associations and social organisations Article 5 A. It is not permitted to form a charitable association or social organisation except with a written licence from the Minister issued in accordance with the provisions of this Law. B. No Masonic association may be formed, and similarly Masonic activities are prohibited in the Kingdom. Article 6 1. Any charitable association or social organisation or union must submit an application for registration to the Ministry, to which must be attached its memorandum of association, which must contain the following information: A. The name of the charitable association or social organisation or union and the address of its operational headquarters and its branches. B. The names of the founding members, including details of their occupations, ages and places of residence, although none of them may be less than twenty-one years old. C. The principal objectives for which it is being set up, which must be stated clearly and in detail, and any other objectives which the charitable association or social organisation or union may be seeking to achieve in accordance with the provisions of this Law. D. The conditions of membership and the subscriptions of the members and them ways in which membership may be withdrawn. E. The method of electing the board of management which is to manage the business of the charitable association or the social organisation or the union and supervise its affairs, and details of its powers. F. The manner in which the general meeting is to be held. G. The method of controlling and handling of the financial affairs of the charitable association or social organisation or union. H. The method of dissolving the charitable association or social organisation or union. I. The manner of disposing of the funds of the charitable association or social organisation or union when it is dissolved, always ensuring that such disposal does not go beyond the bounds of the objectives of the charitable association or social organisation or union and that such funds are disbursed within the Kingdom. However, if it is impossible to carry out what is stipulated for in the memorandum of association of the charitable association or social organisation or union, the Minister shall determine the manner of disposal of those funds after seeking the opinion of the General Union of Charitable Associations or the District Union or the generic unions for the social organisations, if any. 2. Prior to registering the charitable association or social organisation or union, the Minister shall seek the opinion of the Governor, who must express his opinion within a period of no longer than thirty days. Applications for registration Article 7 1. An application for registration of a charitable association or social organisation or union must be submitted in the name of the Minister in ten copies to the Social Development Office covering the area where the headquarters of the charitable association or social organisation or union is situated, and the Director of the Office shall refer the application - together with his comments on it - to the Director-General within a maximum period of 30 days from the date the application is submitted to him, and his must seek the opinion of the District Union of the charitable association or social organisation or generic union, if any, 2. The Director-General shall submit the application for registration to the Minister within fifteen days from the date he receives it, duly supported by his recommendations in connection with it. The Minister shall then issue a resolution as he considers fit in the light of the appropriateness of the application within a period of no longer than three months from the date it is submitted to him. The unified association or unified social organisation Article 8 Two or more charitable associations or social organisations which are duly registered may amalgamate and unite together, but only if the following conditions are met:- A. A majority of more than two-thirds of the voting members of the general meeting of the charitable association or social organisation must propose the amalgamation. B. The amalgamation must not jeopardise the right of any of the creditors of the amalgamated charitable associations or social organisations. The union of charitable associations or social organisations or the generic union Article 9 1. It is permitted for three or more charitable associations or social organisations which are duly registered to form between them a District Union or a generic union, but only if the following conditions are met:- A. The union cannot proceed unless it has been proposed by a majority of the voting members of the general meeting of the charitable association or social organisation which wishes to join the union. B. If more than half the number of the charitable associations or social organisations in any district join together to form a District Union, the other charitable associations or social organisations which are registered in that district shall be deemed to have joined that union after receiving a written notice to that effect from the Minister, and consequently all of them shall become members of the union and be subject to the provisions of its memorandum of association. 2. It is not permitted for any registered charitable association or social organisation or union of charitable associations or social organisations or unions to participate in or join any association or organisation or club which has its headquarters outside the Kingdom - except under the provisions of a resolution issued by the Council of Ministers and based on good reasons adduced by the Minister. 3. It is not permitted to establish more than one District Union or generic union for the charitable associations or social organisations registered in any given district. The application of the provisions of Article Six and Article Seven Article 10 The provisions of Article Six and Article Seven of this Law shall apply to the unified charitable associations and the unified social organisations and the different types of union, always observing the following: 1. An application for registration must be submitted by the president of the unified charitable association or the union or the original social organisation, or their official secretaries, and the application must include the following:- A. The name of each charitable association or social organisation or union and the name of the unified charitable association or unified organisation or the different types of union. B. The number of members who have the right to vote in each charitable association or social organisation or original union, and the results of the balloting of them. C. The measures taken with respect to the funds they have in their possession. 2. The Minister may register the unified charitable association or unified organisation or the different types of union if he is persuaded that the provisions of Article Six and Article Seven of this Law have been complied with. Certificate of registration Article 11 Each charitable association or social organisation or union shall be issued with a certificate of registration signed by the Minister and stamped with his seal, together with a copy of the memorandum of association of the association or organisation or union, and notice of the registration shall be published at no charge in the Official Gazette. Registration Article 12 If a period of three months from the time the Minister receives the application comes to an end without the applicants receiving any notification of the outcome or a request for additional information or a notice that there are legal flaws in the application or the memorandum of association submitted, then under these circumstances they will have the right to start work just as if the charitable association or the social organisation or union had been registered in accordance with the procedural regulations. The register of charitable associations, social organisations and the different types of union Article 13 The Minister shall maintain for this purpose a register of all the charitable associations and social organisations and unions which have been registered, in which shall be recorded their names, and operational headquarters, and objectives and any other information which the Minister deems necessary. Supervision of the charitable associations and social organisations and the different types of union Article 14 The relationship of the Department with the charitable associations and social organisations and the different types of union shall be founded on a basis of cooperation and participation in the provision of social services and raising the standard of them, and the Director-General - or any official delegated by him - may visit the premises of any charitable association or social organisation or union and may examine its records and paperwork in order to confirm that its funds are being disbursed for the purposes they have been allocated for and to ensure in general terms that it is carrying out is work in accordance with the stipulations of this Law and in accordance with its stated objectives. Records and annual reports Article 15 The board of management of a charitable association or social organisation or union must carry out the following: 1. Retain its correspondence between the head office and its branches in well-organised ledgers and records in which the following details are set out in order: A. The memorandum of association and the names of the members of the board of management for each electoral cycle, and the date they were elected. B. The names of all the members, together with their identity details and their ages and the date they joined. C. The proceedings of the meetings of the general meeting, recorded in consecutive order. D. The proceedings of the meetings of the board of management, recorded in consecutive order. E. An account of the revenues and expenditure, recorded in a detailed manner. F. An inventory of the assets and the liabilities. 2. The Director-General must be notified, through the Social Development Office for the area, of any substitution or replacement which may occur to its head office or its memorandum of association or any change to the administrative structure - either wholly or in part - and in doing so the following conditions must he complied with: A. No amendment or alteration made to the memorandum of association shall be valid except with the written consent of the Minister, after seeking the opinion of the union concerned. [INVESTMENT] B. No alteration to the board of management - either wholly or in part - will be valid until after it has been approved in writing by the Minister, after taking into account the opinion of the Governor or the Treasurer. 3. Each charitable association or social organisation or union must submit to the Minister through the Social Development Office for its area of operation an annual report in two copies detailing its activities and the total amounts of money it has disbursed in achieving its objectives, and its sources of revenue and any other information which is required to be submitted (on the form prepared for that purpose by the Department), and a copy of that report must also be sent to the union concerned. 4. The charitable association or social organisation or union must obtain a certificate from a licensed auditor confirming that its accounts have been examined, (including the accounts of its branches) at least once a year. However, a charitable association or social organisation or union whose balanced sheet does not exceed 500 dinars may ask the Director-General to delegate one of the staff to carry out an examination of its accounts and issue the certificate required at no charge, and the charitable association or social organisation or union in both these cases must send to the Director-General two certified copies of that certificate and another to the union concerned within one month from the date of issue of it. Dissolution Article 16 1. On the advice of the Director-General, and taking into account the opinion of the Union concerned, the Minister may order the dissolution of any charitable association or social organisation or union if he is persuaded that it has violated any of the following: A. Its Memorandum of Association, or B. It is not carrying out the objectives stipulated for it in its memorandum of association or has ceased its activities for a period of six months, or has failed to carry them out at all, or C. It has refused to allow officials to attend its meetings or to inspect its workplace or its records or its documents, or D. It has disposed of its funds in a manner contrary to that laid down for it, or E. It has submitted to the official auditor concerned details which are incorrect, or F. It has clearly violated any of the provisions of this Law, or G. If two-thirds of the voting members of its General Meeting vote for dissolution in a ballot. 2. The Minister must notify the charitable association or social organisation or union whose registration it is intended to cancel in writing at least one month prior to the dissolution and must also notify the union concerned. 3. The order of dissolution of the charitable association or social organisation or union shall be sent through the Governor. 4. When the charitable association or social organisation or union receives the dissolution order it must halt all its activities from the day it is notified of it. Election of the board of management Article 17 The chairman of the charitable association or social organisation or union must inform the Director-General of the time of the holding the general meeting to elect the board of management of the association, organisation or union - at least fifteen days prior to the holding of the meeting. The Director-General may attend the meeting or delegate one or more staff to attend it in order to ensure that the election is carried out in accordance with memorandum of association, and any meeting which is held in a manner contrary to the provisions of this article shall be void. The appointment of a provisional board of management Article 18 The Minister may appoint by resolution a provisional board of management for the charitable association or social organisation which shall exercise the powers granted to the board of management in the memorandum of association, always ensuring that the union concerned is represented on it, in the following two instances: A. If the number of members of the board of management becomes insufficient to ensure that it can meet with a legal quorum because of resignation or decease or a failure to attend three consecutive meetings without reasonable excuse and it is impossible to make up the number of members under the provisions of the memorandum of association. B. If the board of management violates any of the provisions of this Law or the stipulations of the memorandum of association relating to the re-election of its members or the summoning of the general meeting or the acceptance of the election of new members and payment of the subscriptions, and the board of management has failed to remove the causes of the violation within one month from being warned in writing by the Minister. The provisional board of management must summon the general meeting within sixty days from the date of its formation and must submit to it a detailed report on the status of the charitable association or social organisation or union and the general meeting shall then elect a new board of management at that meeting. Foreign associations and organisations which provide social services in the Kingdom Article 19 Acting on the advice of the Director-General, the Minister may license any foreign association to open one or more branches in the Kingdom to provide social services in accordance with such conditions and restrictions as he may lay down and the rates of payment chargeable for services which are not provided gratis by it or by the branch. Any request for a licence which is submitted by a foreign association must contain the information stipulated by the Minister, including the following: A. The name of the original association, its headquarters and the location of its branches. B. The names and titles of the members of the board of management serving at its headquarters. C. The objectives of the original association, in detail. D. The names of the officials at the branch or branches of association in the Kingdom and their nationalities. E. The objectives of the branch or branches of the association or social organisation which already exists - or which it is intended to establish in the Kingdom - and the projects relating to it. F. The manner of disposing of the funds and property of the branch or branches of the association or organisation in the Kingdom when they are withdrawn or dissolved or their activities in the Kingdom come to an end. It is a condition of this that that disposal does not go beyond the objectives laid down by the donors regarding the use of the money they have paid and that such disposal must be made within the borders of the Kingdom. The persons responsible for the branches of the association or organisation must ensure that: 1. They inform the Minister of any change in the details referred to in this article within one month from the change occurring. 2. They obtain the written agreement of the Minister to any alteration made to the information contained in clause E of this Article, and any such change shall not be valid until it has been agreed to. 3. The Minister, with the approval of the Council of Ministers, may refuse to authorise any foreign association or organisation to operate in the Kingdom and he may impose such conditions as he sees fit or may amend any previous conditions or revoke the licence. 4. The Minister or any member of staff delegated for that purpose may enter the premises of any foreign social organisation or association and inspect its records in order to confirm that its funds are being disbursed for the objectives specified for them and to ensure in general terms that it is complying with the requirements of this Law and acting in accordance with its stated aims. 5. The board of management of a branch of an association or organisation, or any other branches which it has in the Kingdom must: A. Maintain its correspondence in a well-ordered manner and maintain ledgers to record the following: 1. The proceedings of the meeting of the board of management. 2. A detailed account of its revenues and expenditure. 3. An inventory of all its assets. B. An annual report in two copies must be submitted to the Minister through the Social Development Office for its area of operation (on the form prepared for that purpose by the Ministry). It must detail its operations and the total amounts it has disbursed in the achievement of its aims and the sources of its revenues, together with any other information which the Minister requires should be submitted or which the association or social organisation wishes to submit to the Ministry. C. Hold a certificate issued by a licensed auditor of accounts confirming that he has examined the accounts of the association or organisation and any branch or branches at least once in the year, and the association concerned must send a certified copy of the certificate to the Minister through the Social Development Office for the area concerned within one month from the date of issue of it. 6. If the social service which is provided by the foreign association or social organisation in the Kingdom is not a free service, or of there are charges of more than ten percent of the repeated costs, it must comply with everything which is stipulated in this Articles. The Minister of Education or the Minister of Health will substitute for the Minister if the service provided is an educational one or a health one, as the case may be. 7. If a branch of the foreign association or social organisation which is providing - or which it is intended should provide - social services in the Kingdom has objectives other than merely the provision of those services, whether they be religious or cultural or the like, the branch must obtain a licence from the competent authorities prior to submitting a request for registration in accordance with the provisions of this Law. Religious and monastic organisations formed in the Kingdom Article 20 Religious and monastic organisations formed in the Kingdom have the right to provide social services which are aimed for the general benefit of the needy and are not intended to make a tangible profit and which are not influenced by creedal factors and without charging the beneficiaries in excess of a tenth of the repeated costs, always ensuring that the following conditions are adhered to: 1. That approval is granted by the Minister to the establishment of those services and that they are managed and carried out under the supervision of the Department and are subject to control to ensure that such supervision is carried out properly, in order to ensure that those services are actually for the public good. The exercise of such supervision shall be limited to the organisation or social service provided and not be exercised over the religious or monastic organisation itself from which they arise. 2. That approval is granted by the Minister to any alteration which is made to those services, and any such alteration shall not be considered valid until after it has received such approval. The charitable works and social services which are covered by the provisions of this Article are the setting-up of asylums and educational institutions which are free to those who need them, or social centres for the poor or the distribution of assistance in cash and in kind in a systematic way and the provision of free treatment or free medical care and the like, and always intended to achieve a public good. As far as the definition of desirable objectives is concerned and which are to be subject to supervision, the competent minister shall exercise the powers granted to the Minister in respect of the type of educational or health services, depending on the service concerned, the powers will be exercised by the Minister of Education and the Minister of Health respectively. If the service which it is intended to provide to the public is not intended to make a profit and is provided to the needy free of charge, but otherwise fees are paid for it in excess of ten percent of the repeated costs, a licence must be obtained in this connection from the competent minister, If there is any violation of the provisions of this Article, the Minister will require the religious or monastic organisation concerned to take steps to remove the violation within a reasonable and appropriate period and after no more than one month. If the religious or monastic organisation concerned does not act to rectify the situation as described above, the competent minister shall refer the matter to the Council of Ministers for it to take a decision in respect of the matter as they may see fit. 3. The religious or monastic organisations referred to in Clauses 1 and 2 above of this Article must comply with the stipulations laid down in this Article, but not the other articles of this Law. The issuing of regulations Article 21 The Council of Ministers, with the approval of the King, may issue regulations for the implementation of the provisions of this Law, and even those regulations which are issued prior to the time this Law comes into force shall be deemed to have been issued in accordance with it until such time as other amending regulations are issued or repealed. Repealed legislation Article 22 A. The Social Associations and Organisations Law No. 7 of 1965 is hereby repealed. B. The Charitable Associations Law No. 12 of 1956 is repealed. C. The Associations Law of 1926 is repealed. Penalties Article 23 Any person, either individually or acting together with another person or persons, who violates any of the provisions of the aforesaid Articles, shall be punished after conviction by a penalty of no more than fifty dinars or imprisonment for a period of no more than three months, or both the penalties together. Enforcement Article 24 The Prime Minister and the Ministers of Justice, Interior, Social Development, Education and Health - each as the case may require - shall be responsible for the enforcement of the provisions of this Law. |
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Legal Library Jordan The Social Associations and Organisations Law - Law Number 22/1966
Legal Library Jordan The Social Associations and Organisations Law - Law Number 22/1966