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 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The public welfare capacity of an association shall be repealed by a presidential decree.Public welfare assocation may be merged under the approval of the administrative body, subject to conisultation with the General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:
  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 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.

    


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