ss 26–28 PRIVATE VOLUNTARY ORGANIZATIONS ACT contributions received by the organization concerned, has been retained or received by any person other than a person for whose benefit the contributions were intended; or (c) if the organization has failed to comply with any condition of its registration; or (d) if the organization has ceased to function as a private voluntary organization; or (e) if he considers that the objects in respect of which the organization was registered are merely ancillary or incidental to the other objects of the organization or (f) if the organization, unless a certificate of exemption has been granted to it under section seven— (i) has failed to submit any report or return in accordance with section fifteen; and (ii) thereafter, having been requested by the Registrar to rectify such default, has failed to do so within three months after receipt of such request. (2) The Board may at any time direct the Registrar to amend a certificate of registration— (a) for the purpose of correcting any error therein or by varying the conditions attaching thereto; or (b) by the deletion therefrom of any of the objects in respect of which the organization in question was registered, if in the opinion of the Board the organization is no longer bona fide operating in furtherance of such objects. (3) Before cancelling or amending a certificate of registration in terms of subsection (1) or (2) the Registrar shall cause written notice of his intention to do so to be given to the secretary of the organization concerned, and shall afford him a reasonable opportunity of showing cause why the certificate should not be so cancelled or amended. (4) If the secretary of a private voluntary organization receives a written request from the Registrar to lodge with him for the purposes of cancellation or amendment any certificate of registration granted to such organization and, without reasonable excuse, fails to comply therewith within ninety days of the receipt of such request, 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. 8 (5) The cancellation of a certificate of registration under this section or the deletion therefrom of any of the objects in respect of which the organization in question was registered, shall be published by the Registrar in the Gazette and shall take effect as from the date mentioned in such publication, whether or not the certificate has been lodged with the Registrar in compliance with a request made under subsection (4). to imprisonment for a period not exceeding three months or to both such fine and such imprisonment.9 12 Surrender of registration certificate The secretary of a registered private voluntary organization may surrender to the Registrar the certificate of registration thereof, and the Registrar may thereupon accept the surrender subject to such of the prescribed conditions as the Registrar may impose. 13 Restoration of cancelled or surrendered certificate Upon the application of the secretary of a private voluntary organization the certificate of registration whereof has been cancelled or surrendered, the Registrar may grant to the organization a fresh certificate of registration and section nine shall apply, mutatis mutandis, in connection with an application for, and the granting of, a certificate of registration under this section. 14 Appeals (1) Any private voluntary organization which is aggrieved by any decision of the Board relating to the rejection, either wholly or in part, of an application for registration or exemption or to the cancellation, amendment, surrender or restoration of a certificate of registration or exemption, may appeal against that decision to the Minister. (2) The Minister may confirm the decision of the Board or, subject to this Act, give such other decision as in his opinion the Board ought to have given, and may instruct the Board to do everything necessary to give effect to his decision. PART IV ADMINISTRATION OF PRIVATE VOLUNTARY ORGANIZATIONS 15 Books, accounts, records, etc. The secretary of every registered private voluntary organization shall be responsible for ensuring that books, accounts and records are kept to the satisfaction of the Registrar and shall within the prescribed period render to the Registrar the prescribed reports and returns and such additional information as may be required by the Registrar. 16 Registered address (1) Every registered private voluntary organization shall have a registered address in Zimbabwe. (2) Notice of any change of the registered address shall be given within twenty-one days thereof to the Registrar. 17 Branch committees (1) Every registered private voluntary organization which conducts its operations wholly or partly through branches established and functioning under the control and direction thereof shall constitute a committee for every such branch and the said organization shall grant to every such branch a letter of delegation in the prescribed form and subject to the prescribed conditions. (2) Upon the cancellation or surrender of a certificate of registration issued to a private voluntary organization, any delegation granted thereby to any branch thereof shall automatically lapse. 11 Private voluntary organizations not to carry on activities except under registered name (1) No registered private voluntary organization shall— (a) carry on its activities; or (b) seek financial assistance from any source; or (c) collect contributions from the public; under a name other than the name under which it is registered. (2) Any person who in any manner takes part in the management or control of a registered private voluntary organization, knowing that such organization is contravening the provisions of subsection (1), shall be guilty of an offence and liable to a fine not exceeding level four or 8 9 Subsection amended by s. 4 of Act 22/2001. 89 Subsection amended by s. 4 of Act 22/2001. [Chapter 17:05]