PRIVATE VOLUNTARY ORGANIZATIONS ACT 7 Partial exemptions of private voluntary organizations (1) The Registrar may, on the application of any registered private voluntary organization made in the prescribed manner, and after consultation with the Board, grant to that organization a certificate exempting it for a stated period and subject to the prescribed conditions, from the operation of any of the provisions of this Act other than section six. (2) Subject to subsection (3), the Registrar may at any time, after consultation with the Board, cancel or amend any certificate of exemption granted under subsection (1). (3) Before cancelling or amending a certificate of exemption in terms of subsection (2), the Registrar shall cause written notice of his intention to do so to be given to the secretary of the organisation concerned, and shall afford him a reasonable opportunity of showing cause why the certificate should not be so cancelled or amended. 6 (4) If the secretary of a private voluntary organisation receives a written request from the Registrar to lodge with him for the purposes of cancellation or amendment any certificate of exemption which has been cancelled or amended, as the case may be, in terms of subsection (2), and, without reasonable excuse, fails to comply with the request within ninety days of receiving it, he shall be guilty of an offence and liable to a fine not exceeding level three or to imprisonment for a period not exceeding one month or to both such fine and such imprisonment. 7 (b) Registration (1) The secretary of any private voluntary organization which is required to be registered shall lodge with the Registrar in the prescribed manner an application for such registration together with the constitution of the organization. (2) A private voluntary organization which lodges an application in terms of subsection (1) shall at its own expense publish in a newspaper circulating in the area concerned a notice containing the prescribed information and shall submit proof to the Registrar that such notice has been published. (3) Any person may within the prescribed period lodge with the Registrar an objection to the grant of the application setting out the grounds on which such objection is made; and the Registrar shall submit any such objection to the Board for consideration. (4) The Registrar may require any private voluntary organization which has applied for registration to supply any further information in connexion with its application which he may deem necessary. (5) Where the Registrar is satisfied that the requirements referred to in subsections (1), (2), (3) and (4) have been complied with, he shall submit the application, together with the constitution of the organization, any objection to the grant of the application and any further information supplied in connection with the application to the Board and the Board may— (a) after considering the application, grant it and direct the Registrar to issue to the organization concerned a certificate of registration subject to such conditions as the Board may impose; or (b) reject the application if it appears to the Board that— (ii) the organization is not bona fide operating in furtherance of the objects mentioned in its application for registration; or (ii) the organization does not, in respect of its constitution or management, comply with the provisions of this Act. (6) Where the Board rejects an application for registration wholly or in part, the Registrar shall notify the applicant organization of the rejection, and inform it of the grounds upon which the rejection was based. (7) The registration of an organization under this section and the objects in respect of which it has been registered shall be published by the Registrar in the Gazette. (8) Where a registered private voluntary organization wishes to change its name or add to or alter any of the objects in respect of which it is registered, the secretary thereof shall apply to the Registrar for the certificate of registration thereof to be amended accordingly; and the provisions of this section shall apply, mutatis mutandis, as if such application were an application for registration. Temporary authority to collect contributions (1) Notwithstanding any provision of this Act to the contrary, the Registrar may, after consultation with the chairman of the Board, grant to— (a) any person or group of persons; or (b) any private voluntary organization which is not registered; written authority to collect contributions for any object referred to in paragraphs (a) to (g) of the definition of “private voluntary organization” in section two, if the Registrar is satisfied that the circumstances giving rise to the proposed collection of contributions are such that the delay which is likely to occur in the registration of a private voluntary organization for the purpose of making such collection will probably prejudice the objects for which such contributions are to be collected. 10 Cancellation or amendment of certificate (1) The Board may at any time cancel any certificate of registration— (a) on any ground, other than a ground referred to in subparagraph (v) or (vi) of paragraph (b) of subsection (5) of section nine upon which he could have rejected an application for registration by the organization concerned; or (b) if any remuneration or reward, which in his opinion is excessive in relation to the total value of the (2) An authority under subsection (1) shall be granted— (a) for a period which shall be stated in the authority but which shall not exceed ninety days: Provided that the period stated in the authority may be extended for a further period not exceeding ninety days; and 7 subject to such of the prescribed conditions as the Registrar may impose. 9 8 6 ss 26–28 Subsection substituted by s. 4 of Act 22/2001. Subsection inserted by s. 4 of Act 22/2001. 88 [Chapter 17:05]