The Euro-Mediterranean Human Rights Network's working group on Freedom of association blog.
Le blog du groupe de travail sur la liberté d'association du Réseau Euro-Méditerranéen des Droits de l'Homme.
Le blog du groupe de travail sur la liberté d'association du Réseau Euro-Méditerranéen des Droits de l'Homme.
31/10/2008
Ammendments to the Jordanian Societies law proposed by Jordanian NGOs
Amendments should be made to the Society Law of 2008
The following proposals could be the most important themes from the viewpoint of the societies, which we view necessary to take them into account when amending the Society Law of 2008. These proposals require full review for the law to ensure its consistency and harmony with the general structure of the text so as to reach a modern law that governs civil society organizations according to the international criteria of human rights to which Jordan has committed.
First: Registration
General Principles
To approve a single national and independent authority to organize registration of societies and following up its activities.
Registration is considered made by deposit or entry and is not restricted to the approval of any other agency.
Provisions proposed to be amended:
- To amend the provisions of the law and to substitute them with the text “to create a national register of societies (organizations), an independent national authority, managed by a board to be formed by a decision by the Council of Ministers, chaired by the Minister of Social Development and the membership of representatives from the concerned official departments and representatives from organizations. The Council of Ministers by a proposal of the Board will appoint a controller for the register. The registration arrangement into the register is made according to category and type of an organization. The register will have executive secretary and will have the following tasks:
1. Registration and Declaration: The register will be the only official reference responsible for registering and declaring all civil society organizations which wish to be registered in the kingdom according to the provisions of registration and declaration set forth in this law.
2. Monitoring: The Register Department is responsible for the controlling the activities of the civil society organizations in terms of the following:
- Adhere to requirements of registration and declaration stated in this law;
- Adhere to provision of financial and administrative reports and others such as notices and notification set forth in this law and in its internal statute deposited with the register authority.
- Rights of membership;
- Violations of laws and regulations;
3. Support: The register will be responsible for coordination and provision of all cash, in-kind, technical support to civil society organizations based on just distribution, taking into account the efficiency of organization performance and its scope of activity and its nature.
4. Dispute settlement: Looking into complaints and disputes submitted by the members of societies against its administration and these raised by an organization against another, without affecting the rights of litigation.
- To substitute the articles related to the provisions of registration and monitoring over registration and activities of societies with the following provisions:
1. Founders of a society should submit a registration application to the Register Controller using the applied form, signed by seven of founders, and attached with the minutes of foundation meeting and three copies of the basic statute of the society, signed by all founding members. The statute should include, in addition to the added data to be agreed by the founders, the following:
a. The name of a society, its postal address, main headquarter, and addresses;
b. A mandated name on behalf of founders by a written authorization;
c. The objectives of a organization and its ends;
d. The potential resources of a society;
e. The conditions of membership and its types and reasons of its expiry and value of subscriptions;
f. The conditions members of the Board should meet and how to be elected and their terms;
g. The conditions of amendments to the organization’s basic statute and how to be merged or unified;
h. The conditions to hold general assemblies and their validity and quorum of holding;
i. Rules of the organization and the way of disposing the funds of a society at the time of dissolution;
j. To explicitly express that the organization’s activities are not aiming at achieving profits or distributing any surplus to the founders or members during the activity of the organization or at its bankruptcy;
k. To explicitly express that the decision of amending the basic statute or changing an auditor or dissolution or bankruptcy of the organization can only be made by the approval of 75% of the organization’s members; and to distribute the funds of the organization upon dissolution or liquidation to other organizations or to be devolved to the Organization Support Fund.
l. The basic statute should include adherence to the rules of the good governance, such as transparency and avoidance of conflicting interests;
m. The number of the Administrative Board members and method of their election and its powers and meeting cycle and legal quorum, and the mechanism of its decision-taking and method of the society management if it is possible for the society to hold meetings for any reason.
n. Registration application and its attachment should be submitted to the Register Office directly or through post or email, and to receive a written receipt that shows the date of application receipt and its attachments;
o. The Register Controller is to register an organization according to category and type and is to issue a registration certificate within a month from entry and expiry term stated in the paragraph 3/O, and the society has the right to contest before the higher justice court.
p. The Register Controller should accept any application for registration and declaration, and should not suspend them for the approval of any other agency.
q. The Register Controller has the right to assign founders or their representatives to complete the short documents in registration application and he can give them a period of not more than two weeks.
2. Any organization is considered to be legally registered after the elapse of one month from application submission date, unless the register controller requires any further information from the organization within ten days from the date of application. Then the rest of the month starts to be calculated from the submission date of required data.
3. In all events, an organization is considered to be registered and declared legally after the elapse of one month from the application submission, and it can practice its activities according to the rules, unless the register controller issues a written and justified decision to reject registration.
4. The Register controller has to justify his decisions related the reason of not registering and declaring the society. And his decision should be contested before the higher justice court within sixty days from the date of official decision notification to the applicant.
5. The Register controller can contest before the court for registering any non-government organization at any time if it violated the provisions of this law or its basic statute submitted to the register. This could be made after giving it a written warning for sixty days to remove or stop the violation.
6. Contest can be stopped only by a decisive decision from the related government to cross it out from the register.
Second: Freedom of Organization activities:
General Principles:
- The society is free to do all essential activities to serve a range of human rights such as freedom of association, belief, opinion, and expression, and the right to live in suitable living condition and the right of participation in managing the general affairs…
The provisions suggested to be amended:
To explicitly express that the decisions of the ordinary or non-ordinary general assemblies and the those of the Board and election of members of the Board will be effective once issued as support to the law and basic statute of the society, and to restricted to the approval of any other official agency.
The society is to adhere to the principles of good governance, including accountability, auditing and transparency; The violation of the society to this obligation will be accountable, and a cause to dissolve the society.
Third: Financing:
General Principles:
As a main principle: It is allowed to accept financing from any source without receiving any a prior permission from any agency. And it is allowed to set conditions and provisions to control financing that affects the interests of the society and the state and rights of others.
The provisions proposed to be amended:
Article (12) Funding sources of organizations:
The organization has the right to depend on one or more of the following funding sources:
Contributions and donations of members;
Endowments, deposits, and grants and gifts;
Revenues of its projects;
Support which it receives from the Society Support Fund.
Article ( )
The society has the right to ask for and receive loans, grants, cash, in-kind, technical aids that enable it do its activities and achieve its objectives from any of the following agencies:
(a):
1. Any ministry or official department concerned with the objectives of the society and its scope of activity;
2. Individuals, companies, commercial and service corporations working the in the kingdom.
3. Any international societies, organizations and entities related to the objectives of the society;
4. Any national or foreign agency, provided that support should not be conditional or its condition is restricted to that the organization should achieve its objectives as set in the approved basic statute to be declared according to the provisions of this law.
5. Any specialized lending foundations.
(b) In addition to the above, registered societies have the right ,according to the provisions of this law, to accept donations and contributions or gifts or aids from non-Jordanian sources according to the following conditions:
Sources of these funds should be legitimate and do not violate the public order and morals;
Should not be collected from criminal returns;
The conditions of the funding agency should not contradict the provisions of this law and the basic statute of the society;
The term and method of its expenses should be determined;
The administration of society should notify the Register Controller in writing about the amount, source and method of receiving these donations within two weeks from the date of the approval of the financer to provide this funding;
The Register Controller has the right to ban the society receive any funding that contradicts the conditions of the Para. B of this Article within ten days from the date of notice; and at all events the government has the right to contest the decision of the controller with the higher justice court.
If the society has received any funding in violation of the provisions of this article, the Register Controller has the right to freeze these funds and transfer them to the Societies Support Fund. The society has the right to prove that this funding does not violate the provisions of the paragraph b, and to demand retrieve this funding. If the Controller has insisted upon his decision, the society has the right to contest this decision within sixty days from the date of the society submitting a written application to recover the amount.
Fourth: Judiciary Controlling:
General Principles:
It is allowed to dissolve or suspend societies or to take any action that restricts their activities or issue a penalty against it only by a judiciary decision and under the provisions of the law.
The provisions to be amended:
The decisions of the Register Controller are subject to the controlling of the High Justice Court for registration and rejection of the society and its dissolution for any reason already stated in this law. Imposing penalties for violating the law provisions will be made the Reconciliation Court which falls into the society headquarter.
Five: Disputes Settlement:
The Board approves, based on the suggestion of the Register Controller, a committee or more. Each consists of three members, one at least should be legal, to be responsible for looking into complaints and disputes raised by the members of societies against its administration and these submitted by organization against other. This should not affect the rights of litigation given to the opponents. The board determines by a special regulation the duties of this committee/committee, and scope of its work, and rules that should be observed, limits of commitments to its decisions, and qualifications of its members and their rights and duties.
Six:
Society Support Fund:
It is created by a special system within the register scope and is run by the register controller with the assistance of four Board members. Its revenues consists of the following resources:
1. Allocations which are earmarked to the Fund from public revenues;
2. Grants, donations, gifts which citizens provide, and organizations enlisted in the register.
3. Grants, gifts and donations provided by non-Jordanian persons and entities.
4. Fees and fines which are levied according to provisions of the law and regulations.
5. The system will determine aspects of spending for Fund’s money, and criteria of support to organizations;
6. The register is responsible for coordination and providing forms of cash and in-kind and technical support to the civil society organizations, based on the principle of just distribution taking into the account the efficiency of organization performance and its work scope and its quality.
Seven: Penalties:
General Principles:
The goal of penalty is to protect the right of assembly;
Not to expand in imposing penalties for violating the law provisions;
Provisions stated in penalties law and other existing penal legislations are sufficient;
The provisions to be amended:
Dissolution penalty:
a. The controller has the right to turn to the court to dissolve the society and liquidate its assets at any of the two cases:
If it has not embarked its activities or if stopped to practice them for one full year, though it has been notified to necessarily correct its situation through a 3-month written notice.
if it has not observed the rules of good governance in its internal statute and exercising its activities.
b. The other penal penalties:
Everybody who takes over the administration of the society and did disburse its financial resources over things incompatible with its objectives will be punished by a fine of five hundred to five thousand dinars, and will be obliged to pay the amount he has already dispersed.
- Anybody who receives cash support or funding or in-kind in contrary to the provisions of the law, will be punished by a fine not less than five hundred dinars and not more two thousand dinars.
- The chairman of the administrative board and/or the member assigned to document and keep records will be punished by a fine not less than one hundred dinars and not more than two hundred dinars, for mistakes raised due to omission or negligence to his duties.
- Anybody who commits a violation as a result of not adhering to terms and period necessary for registration will be punished by a fine of a single dinar for each delayed day.
- Anybody who commits an action that is considered as mismanagement or abuse or restriction to rights of membership will be punished by a fine of one hundred to five hundred,
- Anybody who violates provisions of this law will be fined unless there is a provision of a fine of one hundred dinars to one thousand.
Eighth: Incentives and facilities
Civil society organizations are exempted from taxes, fees, sales taxes. All amounts which are donated to registered organizations according to the applicable rules will be reduced from their deductible income of the donor, once submitting an official receipt from the organization for the value of donation.
Ninth: Concluding provisions:
- To explicitly express that registered organizations according to the provisions of the law No. 33 of 1966 are considered legally registered according to the provisions of the new law and no need for a provision requiring correcting its situations.
- Define articles of other laws which should be cancelled under this law and should elaborate the phrase of “as much as it contradicts the provisions of the law”
Jordanian Societies Law ratified by His Majesty King Abdullah II on 17 September 2008
The Council of Representatives
No. 30/23/4/2245
Date: 7/7/2008
Hashemite Jordanian Kingdom
The Prime Minister:
The 15th Council of Representatives has decided in its second session, today, (the 12th) of the extraordinary round of the first regular round held on 6/7/2008, the approval of the draft law No. ( ) of 2008, the Law on Societies as sent by the Government, with making some amendments to it.
We enclose a copy of the draft law to be presented to your esteemed council.
Please accept high regards.
M. Abdul Hadi Al Mujali
Speaker of Parliament
Draft
Law No. ( ) of the Year 2008
Law on Societies
As approved by the Council of Representatives
Article 1
This law shall be called The Law on Societies of 2008, and it is effective ninety (90) days from the date of its publication in the Official Gazette.
Article 2
Whenever the following words or expressions appear in this law they shall have the following definitions
The Ministry: The Ministry of Social Development
The Minister: The Minister of Social Development
The Registry: The registry of societies established in the Ministry pursuant to the provisions of this law.
Controller of the Registry: The Controller of the specific registry pursuant to the provisions of this law.
The Relevant Ministry: The ministry or the official public foundation determined by the Controller of the Ministry to supervise the society and monitor its affairs pursuant to the requirements of this law.
The Relevant Minister: The minister of the Relevant Ministry or the Director of the official foundation, according to the necessities of the situation.
The Fund: A fund of support for the societies, established pursuant to the provisions of this law.
Article 3
A. For the purposes of this law, the word “society” means a legal person comprised of a group of persons registered pursuant to the provisions of this law, to provide services or undertake activities on a volunteer, non-profit basis, without seeking any profit or gain for any of its members, or for any person in particular, and without seeking to realize the political goals of any political parties.
B. The following are excluded the provisions of this law:
1. Any legal person established in accordance with the provision of a special law.
2. The groups and committees registered in accordance with the provision of the Law on the Awqaf and Islamic Affairs, as well as with the Law on Zakat Fund, and the regulations and directives pursuant to it.
3. Non-Moslem denominations registered according to the provisions of the Law on the effective Non-Moslem Denominations Councils.
4. Clubs, associations, and centers registered according to the provisions of the Law of the Supreme Council for Youth and the regulations and directives pursuant to it.
C. The registering of any Masonic society is prohibited in Jordan, as is any Masonic activity.
D. The registering of any society with racist aims is prohibited.
Article 4
A. A registry called “Societies Registry” will be established in the Ministry, supervised by the Controller of the Registry.
B. The Controller of the Registry shall be appointed by a decision of the Council of Ministers in accordance with the agreement of the minister and shall be connected with the minister.
Article 5
A. The Controller of the Registry shall undertake the tasks of organizing and working
with the relevant ministries as follows:
1. Define which ministry relevant to each society in accordance with a particular system created for this purpose.
2. Input societies into the Registry and issue a certificate of registration to each society.
3. Any other mandatory powers or tasks assigned to him, pursuant to the provisions of this law, and regulations and directives issued pursuant it.
B. The Minister shall name the person who will act as a deputy to the Controller of the Registry in the case of the Controller’s absence.
Article 6
A. A group of people, not less than eleven persons, may submit an application for the registration of the society to the Controller of the Registry to register a society on the forms authorized for this purpose. The aforementioned request must be accompanied by three copies of each of the following:
1. A list of the names of the founding members, their personal information including their places of residence, their occupations, their ages, and their qualifications.
2. The society’s official bylaw.
3. A statement signed by all of the founding members in which they state clearly their agreement to the society’s by-laws, as well as the name of the person authorized by the founders to follow through with the preparations for registering, and to receive any notifications, decisions, or correspondence sent by the Controller of the Registry to this end.
B. The provisions which should be stated in [the society’s] by-laws are determined by a special statute issued for this purpose. The statute should include the following:
1. The name of the society.
2. The society’s main headquarters and the geographic scope of its work.
3. The aims and goals of founding the society, clearly expressed and defined.
4. The condition of acquiring membership, and situations of its losses.
5. Fees of membership and the amount of the annual subscriptions;
6. The way by which General Board of the society hold regular and extraordinary meetings and its powers, the legal quorum necessary to convene a meeting, and the mechanisms for making decisions in such meetings.
7. The numbers of members of the Board of Directors, the way in which said members are elected, the legal powers granted to them, the legal quorum necessary for them to convene a meeting, and the mechanisms for making decisions.
8. The society’s sources of funding and means of managing their affairs, including measures ensuring oversight and accuracy.
9. The means of dissolving the society and devolving of its assets.
Article 7
The founding member of each society should meet the following conditions in addition to any other conditions stated in the society’s statute:
A. To be a Jordanian national.
B. To be at least eighteen years of age.
C. To be in full capacity;
D. To have a good character and to not have been previously convicted of any felony or dishonoring crime.
Article 8
The Council of Ministers, acting upon the recommendation of the relevant Minister, agrees to the following:
A. That among the founding members of the society there should be a Jordanian legal person.
B. That the society’s membership should include one or more persons (natural or legal) with whom the society’s financial resources are restricted to the members’ contributions so as to lead to the realization of the society’s aims and goals as stated in the society’s by-laws.
Article 9
Registration of a branch of a society registered in a foreign country for the purposes of rendering services in Jordan is permitted on the condition that neither the main branch nor any of the subsidiary branches are for-profit entities or aim for the realization of any political goals.
The branch of the foreign society will be registered in accordance with the provisions of this law and on the condition that the application for registration should include the name of the foreign society or its main headquarters, its address, the names of its founders, the members of its executive board, and the society’s basic goals, and include the names of those responsible for the branch to be established and the name of their authorized agent, their nationalities, and the means of dealing with the branch’s assets upon its dissolution, just as with requests to register the bylaws of parent societies.
The branch of the foreign society is prohibited to fundraising or receive any funding from within Jordan except with the consent of the Council of Ministers
Article 10
The request for registration is to be submitted along with attachments directly to the Controller of the Registry, or to the Department of Social Development in the Governorate, and in this case the Department must send the request in full to the Controller of the Registry within seven (7) days of the date of its receipt of same.
Immediately after the Controller of the Ministry has received the application, he will verify that the application has fulfilled the information required by Articles 6, 7, 8, and 9 of this law. In the case of any deficiency, the founding members will be notified in writing within fifteen (15) days from the date of the [Controller of the Registry’s] receipt of the application.
Article 11
The Controller of the Registry will determine the competent minister in light of the aims and goals of the society submitting an application for registration and will send the application and its attachments to the relevant minister to issue his decision on the matter in full and in accordance with the provisions of this law within sixty (60) days of the Controller of the Registry’s receipt of the application for registration and its attachments.
If the relevant minister has not issued a decision on the application for registration and also has not provided notification of deficiencies in the application within the period of time stated in Paragraph (A) of this Article, then the application in this case will be deemed legally granted.
If the relevant minister agrees to the request for registration, or if the application was legally granted pursuant to Paragraph B of this article, then the Controller of the Ministry must complete the necessary procedures to enter the society into the Registry within fifteen (15) days of the date of granting of approval.
If the relevant minister denied the application for registration, the Controller of the Ministry will notify the founders of this decision. They are permitted to challenge [the decision] before the High Court of Justice pursuant to the conditions of the active laws.
Upon registering the society in accordance with the provisions of this law, the Controller of the Registry must issue a Certificate of Registration including the name of the society, the location of its headquarters, the geographic scope of its work, and the address at which it will receive correspondence.
The registration of the society will be published in the Official Gazette.
Article 12
Upon its being entered into the Registry, each society will obtain a legal personality and may undertake the necessary actions to realize the aims and goals put forth in the by-laws according to the provisions and conditions specified in this law. The society will also have the right to litigate and hire attorneys.
Article 13
The society is permitted via a 2/3 majority of its General Membership, in addition to the agreement of the relevant minister, to establish in Jordan subsidiary branches related to it administratively and financially.
Every branch of the society will be administered by a representative appointed by the society’s Board of Directors.
Article 14
A. The society must abide by the provisions of this law and regulations and instructions issued pursuant it as well as abiding by the following:
1. To exercise its activities according to its by-laws.
2. To allow anyone who meets the conditions of membership as stipulated in the by-laws to join, unless there is an exception made by decision of the Council of Ministers with the agreement of the Relevant Minister.
3. To inform the Relevant Minister and the Controller of the Registry of the date, location, and schedule of any meeting of the general assembly at least two weeks in advance.
4. To write down and maintain the minutes of the meetings of its Executive Board and the General Assembly, including all decisions issued by them in its headquarters in sequencing manner.
5. To keep financial records that show the Society’s revenues and its expenses.
6. To keep a record of its assets and equipments available with it and any other records necessary to exercise its activities and works according to its bylaw.
B. 1. If the Society has not informed the Relevant Minister or the Controller of Registry in writing of the schedule and scheduled time and place of a meeting of its General Assembly at least two weeks in advance, then the meeting will not be deemed legal.
B. 2. Each of the Relevant Minister and the Controller of Registry will name a representative to attend the meeting of the Society’s General Assembly on his behalf.
C. 1. Without prejudice of the provisions of Paragraph 2 of this article, a decision of the Society’s General Assembly will be considered effective from the date of its being deposited with the Relevant Ministry, and so long as they are consistent with the provisions of this law and with the Society’s by-laws.
C. 2. Prior to the decisions of the General Assembly to be effective, the agreement of the Relevant Minister must be obtained and the decision must be entered into the Registry.
– The election decision of its administrative board.
- The decision of making amendment to any of its bylaw.
Article 15
Members of Board of Directors must fulfill the same conditions as the Founding Members pursuant to the provisions of this law in addition to other conditions stated in its by-law.
Article 16
The Society’s Board of Directors must present the following to the Relevant Ministry:
a. An annual action plan.
b. A yearly report including the Society’s achievements and activities in the previous year, sources of its revenues, and expenditures in addition to any other required documents pursuant to the provisions of this law.
c. An annual budget audited by a legal accountant chosen by the General Assembly of the society. The Relevant Minister has the right to exempt any society whose budget less than two thousand Dinars from being audited and in this case its own financial accounts are to be audited by the relevant ministry.
d. A yearly list of the names of the members.
Article 17
A. The Society must declare in its annual report any grants or donations which it obtained from Jordanian persons, provided that it should record the name of donor.
B. 1. If the Society wants to obtain any contribution, donation or funding from non-Jordanians, whatever its form, it must submit an application to obtain the approval of the Relevant Minister, and in the case of the absence of a decision in the matter after thirty (30) days from the date of its receipt, the application will be deemed legally granted.
2. If the Society has obtained any donation, contribution or funding in violation of Paragraph 1 of this Article, then the Relevant Minister may take the procedures that are deemed appropriate, whether to return contribution, donation or funding to the party which granted it or to transfer it the benefit of the Fund, in addition to any penalties or measures provided for in this law and in the other effective legislations.
C. The Society must deposit all of its funds in one of the public banks in Jordan, and these accounts may not be secret, regardless of what has been stated in any other law.
Article 18
A. The Relevant Ministry may receive any complaint against the society or any of its activity and works, and the Relevant Minister may also form a committee to investigate into these complaints, or pass them immediately to the relevant official bodies pursuant to the needs of the situation.
B. The relevant minister may check the records and accounts of the Society and may also get the assistance of a legal accountant to this end at the expense of the Fund and with the approval of the Board of Directors.
C. For the purposes of the provisions of this Article, the Board of Directors of the Society must undertake the necessary measures required by the Relevant Minister to facilitate the task of the investigation committee and the legal accountant and enable them to carry out the tasks with which they are assigned.
Article 19
A. The Relevant Minister may appoint a temporary Board of Directors for the Society in any of the following cases:
1. If the Board of Directors is unable to convene meetings because of the lack of its legal quorum due to resignation, death, or a similar situation.
2. If the Society has violated any of the provisions of this law or regulation or directives issued pursuant to it or violated the provisions of its bylaw and has not made efforts to eliminate the reasons of this violation within two months from the date of being informed by a written warning.
3. If the Society has violated the provisions of the paragraph © of the Article (18) of this law.
4. If the Society has accepted any donation, support, or funding from any source, without being disclosed, or even having it registered into its financial records.
B. 1. The temporary Board of Directors must invite the General Assembly of the Society to convene within sixty (60) days, as maximum, to elect a new Board of Directors pursuant to the provisions of this law.
B. 2. If the Paragraph 1 of this Article has become impossible to be implemented, the period of the Temporary Board of Directors may be extended for a similar term subject to one-off decision by the relevant minister.
Article 20
The Society will be considered legally dissolved in either of the following two situations:
i. If the Society has not embarked upon its activities or it suspended its activities for a full year.
ii. If it fails to reconcile its situations according to the provisions the Article 28 of this law.
The relevant minister has the right to issue a justified decision to dissolve the Society in any of the following circumstances, and on the condition that a copy of the decision is to be sent to the Controller of the Registry:
i. If it is impossible to elect the Board of Directors according to provisions of the by-laws and the provisions of this law.
ii. If the Society has retained or used contributions or funding from non-Jordanians in violation of the provisions of Paragraph B of Article 17 of this law.
iii. If the Society commits a violation for the second time about which it had previously been warned in accordance with the provisions of the Paragraph 2 of Part A of Article 19, and has not [subsequently] eliminated the causes of this violation within two months month from the date of being informed by a written warning.
iv. If two thirds of the General Assembly has agreed in extraordinary meeting to the dissolution of the Society pursuant to the provisions of the by-laws of the Society.
A challenge to the decision of the relevant minister to dissolve the Society can be made before the High Court of Justice.
Article 21
Any notifications or decisions issued according to the provisions of the this law as well as regulations and instructions pursuant to it, will be delivered to, either via hand delivery to any employee present at the Society's stated address, or by deposit in the mailbox registered for that address, and this depositing is considered a legal notification once fifteen (15) days have elapsed.
If delivery is impossible pursuant to the provisions of Paragraph A of this Article, then it is permissible for delivery to occur once via publication in two local, daily newspapers at the expense of the Society. This publication will be considered legal notification.
A change to the correspondence address of the Society will become effective on the date the Controller of the Registry and the relevant ministry are notified in writing.
Article 22
A fund called "Fund for Support of Societies" will be established in the Ministry. The Fund will aim to support societies. It will enjoy financial and administrative independence, as well as legal personality and will possess both movable and unmovable property and to invest them in the way it deems appropriate. It will be represented in legal processes by the civil general lawyer.
The Fund will be administrated by a committee chaired by the Minister and the membership of the Controller of the Registry as a deputy and one representative for each relevant ministry, in addition to three members from the representatives of the Society who are appointed by a decision by the Council of Cabinet based on the proposal of the Minister for two years that can be renewed for once only. The Council of Ministers has the right to terminate their membership in the same way.
The resources of the Fund consist of the following:
i. The allocations in the general budget
ii. Any donations, contributions, or grants, provided that the Council of Ministers has approved them, should they originate from non-Jordanian sources.
iii. The proceeds of any charitable lottery organized for the purposes of the Fund in accordance with the provisions of a special system issued for this purpose.
iv. The funds of the societies and associations whose legal personality ceases in the absence of other entity to which these fund are devolved.
v. Any sums or contributions from societies or associations which are collected contrary to the provisions of this law and, and regulations and directives issued pursuant to it.
vi. Dividends earned on the investment of he monies of the Fund
vii. Any other sources upon which the Council of Ministers agrees taking into consideration the input of the Administrative Committee of the Fund.
The aspects of expenditures and support for societies from the Fund’s money are determined based on criteria and conditions made by the by the Council of Ministers in accordance with directives issued for this purpose. The Administrative Committee of the Fund is responsible for disbursement in accordance with these directives.
The monies and accounts of the Fund are subject to the supervision of the Audit Bureau.
Article 23
It is permitted to form a union or more for the societies for the purpose of coordinating their efforts in presenting services and engaging in activities, pursuant to the provisions of this law. A special regulation will be issued to specify the types of these unions, the provisions and the terms and conditions of their registration, and all other related societal matters.
The union will have an independent legal personality, and all member societies retain their independent legal personality as well.
The provisions of Articles 14-21, and 25-27 of this law are applicable to [the aforementioned] unions.
Article 24
The merging of two or more registered societies is permitted with the approval of the relevant minister, pursuant to the provisions of this law. The resulting society will become a real and legal entity.
Two or more societies may form a coalition to execute shared programs aiming to realize their aims and goals.
Article 25
Upon the dissolution of a society, all of its assets will devolve to the party determined by the by-laws of the society, whether this party is the Fund or another society with the same goals and aims.
If the by-laws of the society has not determined the fate of the society's assets upon the society's dissolution, then these assets will devolve to the Fund.
Article 26
He will be punished by a decision by the competent court:
Anyone who assumed the administration of the Society’s funds and spent them in contrary to the society's aims and goals, will be punished by a fine not less than one hundred (100) dinars and not more than one thousand (1000) dinars, as well as another fine equivalent to the value of damage.
Anyone who agrees to receive any contribution, support or funding from Jordanian persons, and without declaring the funds or entering them into the records of the society will be punished by a fine not less than one thousand (1000) dinars and not more than ten thousand (10,000) dinars.
Anyone who keeps or uses contributions or funding presented to the society from non-Jordanians and does not declare the funds or enter them into the records of the society, or in the case of keeping or using said funds despite of being denied by the relevant minister is subject to imprisonment of not less than three months or by a fine not less than one thousand dinars and nor more than ten thousand dinars or both penalties.
Article 27
Anyone who is pronounced as guilty pursuant to the provisions of Article 26 of this law is not permitted to be a member of the Board of Directors of any Society.
The funds raised from fines pursuant to Paragraph A of Article 26 are to be devolved to the society.
The funds raised from fines pursuant to Paragraphs B and C of Article 26 are to be devolved to the Fund.
Article 28
Any legal person registered pursuant to the provisions of any previous legislation is considered to be registered according to this law.
i. The societies and unions registered pursuant to the provisions of the Law on Societies and Social Groups No. 33 of 1966 and its amendments.
ii. Any legal person, whatever his form, who was registered pursuant to the provisions of the effective Law on Cultural Preservation.
iii. Any society registered according to the provisions of the Law on the Environment.
iv. Any society registered according to the provisions of the Law on Tourism.
v. Non-profit companies registered according to the provisions of the Law on Companies.
vi. Any society, entity, or Society given the name "Society" pursuant to the provisions of this law and which has been registered pursuant to any legislation currently in force.
Associations in existence on the effective date of this law must reconcile its situations within a period of time not exceeding one year from the effective date of the law. The relevant minister may extend it for period not more than another year.
The relevant minister may issue any necessary directives to enable the societies to make their practices be in consistent with the provisions of this law.
Article 29
The Council of Ministers has the right to issue the necessary regulations to implement the provisions of this law.
Every minister and relevant minister have the right to issue the necessary directives to effect the provisions of this law.
Article 30
The following are hereby superseded and cancelled:
The Law on Societies and Associations No. 33 of 1966 and its amendments.
The provisions of any other law insofar as they oppose the provisions of this law related to the registration of legal persons implied by the provisions of Article 28 of this law.
Article 31
The Prime Minister and the Ministers are hereby commissioned to effect the provisions of this law.
Faiz Al Shawabkah Abdul Hadi Al Majali
General Secretary of Parliament Speaker of Parliament.
Egypt - AHRLA finally authorised to be officially re-registered (2008-10-31)
Egypt - AHRLA finally authorised to be officially re-registered!
Authorities should comply with the Court decision and remove all restrictions against AHRLACopenhagen-Geneva-Paris, October 28, 2008. The Observatory for the Protection ofHuman Rights Defenders, a joint programme of the World Organisation Against Torture (OMCT) and the International Federation for Human Rights (FIDH), and the Euro-Mediterranean Human Rights Network (EMHRN) welcome the decision by the Egyptian judiciary to allow the Association of Human Rights and Legal Aid (AHRLA) to continue its activities in Egypt.According to the information received, the Administrative Court in Egypt decided on October 26, 2008 to stop the implementation of the authorities’ order to dissolve and liquidate (AHRLA), a non-governmental organisation providing legal assistance to victims of torture.The Observatory for the Protection of Human Rights Defenders and the EMHRN recall that AHRLA was closed down in September 2007 following an order issued by the Ministry of Solidarity, alleging financial transgressions[1]. AHRLA appealed the Government’s decision to an administrative court, which was due to rule on October 21, 2007. The appeal procedure has been regularly delayed since then.The Observatory for the Protection of Human Rights Defenders and the EMHRN acknowledge this as a positive step towards freedom of association, and encourage the Egyptian judiciary to continue its efforts in this regard.However, the Observatory for the Protection of Human Rights Defenders and the EMHRN remain concerned about the situation of human rights defenders and their organisations in Egypt. The organisations call upon the Egyptian authorities to respect the judiciary decision by ensuring that AHRLA and its members are able to carry out their work without any interference, as well as to end all forms of harassment against human rights defenders in Egypt.More generally, the Observatory for the Protection of Human Rights Defenders and the EMHRN urge the Egyptian authorities to ensure that their legislation complies with international and regional human rights standards on freedom of association, including the provisions of the Declaration on Human Rights Defenders adopted by the UN General Assembly on December 9, 1998.
Authorities should comply with the Court decision and remove all restrictions against AHRLACopenhagen-Geneva-Paris, October 28, 2008. The Observatory for the Protection ofHuman Rights Defenders, a joint programme of the World Organisation Against Torture (OMCT) and the International Federation for Human Rights (FIDH), and the Euro-Mediterranean Human Rights Network (EMHRN) welcome the decision by the Egyptian judiciary to allow the Association of Human Rights and Legal Aid (AHRLA) to continue its activities in Egypt.According to the information received, the Administrative Court in Egypt decided on October 26, 2008 to stop the implementation of the authorities’ order to dissolve and liquidate (AHRLA), a non-governmental organisation providing legal assistance to victims of torture.The Observatory for the Protection of Human Rights Defenders and the EMHRN recall that AHRLA was closed down in September 2007 following an order issued by the Ministry of Solidarity, alleging financial transgressions[1]. AHRLA appealed the Government’s decision to an administrative court, which was due to rule on October 21, 2007. The appeal procedure has been regularly delayed since then.The Observatory for the Protection of Human Rights Defenders and the EMHRN acknowledge this as a positive step towards freedom of association, and encourage the Egyptian judiciary to continue its efforts in this regard.However, the Observatory for the Protection of Human Rights Defenders and the EMHRN remain concerned about the situation of human rights defenders and their organisations in Egypt. The organisations call upon the Egyptian authorities to respect the judiciary decision by ensuring that AHRLA and its members are able to carry out their work without any interference, as well as to end all forms of harassment against human rights defenders in Egypt.More generally, the Observatory for the Protection of Human Rights Defenders and the EMHRN urge the Egyptian authorities to ensure that their legislation complies with international and regional human rights standards on freedom of association, including the provisions of the Declaration on Human Rights Defenders adopted by the UN General Assembly on December 9, 1998.
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