| Part I: Associations
Chapter V
Public
welfare Associations
Article 48:
In matters not covered by special
stipulation in this chapter, public welfare associations shall be governed by the
provisions prescribed for associations.
Article 49:
Any association aiming at the
public welfare upon establishment or subsequently may be granted the capacity of public
welfare by a presidential decree, at the request of the association or the administrative
body or the General Federation of Non-governmental Organizations, and subject to approval
by the association in both cases.
The public welfare capacity of an
association shall be repealed by a presidential decree-Public welfare association may be
merged under the approval of the administrative body, subject to consultation with the
General Federation of NGO's. Merger between public welfare associations and non-public
welfare associations shall be effected exclusively by a presidential decree.
Article 50:
There shall be determined by a
presidential decree the privileges of the public authority endowed to public welfare
associations, particularly the in admissibility of attachment of its property, wholly or m
part, m admissibility of acquiring such property by prescription and admissibility of
property acquisition for public interest in favor of the association in order to realize
the purposes of the association.
Article 51:
The Minister of
Social Affairs may entrust a public welfare association to manage an institution
affiliated to the Ministry, to other ministries or local government units at their request
or implement its projects and programs. In such case, the property of the association
shall be deemed as public funds.
Article 52:
Public welfare
associations shall be subject to the control of the administrative body. Control shall
include inspection of the business of the association including those related to assigned
project and ensuring compliance with laws, regulations and the statute of the association.
This control shall be assumed by
inspectors to be appointed by the Minister of Social Affairs.
Article 53:
If
the administrative body finds out gross errors that may affect the performance by the
public welfare association of its purposes, or the practice or implementation of programs
and projects assigned to the association, the Minister of Social Affairs may take one of
the following actions:
1- Suspend temporarily the activity of the
project assigned to the association pending rectification of violations.
2- Withdraw the project assigned to the
association.
3- Discharge the board of directors of the
association and appoint a commissioner pending the convening of the general assembly
within maximum three months of the date of his appointment to elect a new board of
directors subject to consultation with the Public Federation of Non- Governmental
Organizations.
In case of failure to convene the assembly
within the period referred to, the assembly shall be deemed to be convoked by virtue of
law on the next Friday following the unfulfilled date.
The conditions for such a meeting shall be
governed by executive regulations of this law. The commissioner's mission shall end up by
electing a new board of directors. |