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 Nongovernmental
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The public welfare capacity of an association shall be repealed by a presidential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 assocation may be merged under the approval of the administrative
body, subject to conisultation with the General Federation of NGO’s. Merger between
public welfare associations and nonpublic 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 inadmissibility
of attachment of its property, wholly or in part, in admissibility of acquiring
such property by prescription and admissibility of property acquisition for public
interest in favour 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 programmes. 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 programmes and projects assigned to the association, the Minister of Social Affairs
may take one of the following actions:
- Suspend temporarily the activity of the project assigned to the association pending
rectification of violations.
- Withdraw the project assigned to the association.
- 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 NonGovernmental 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.