Cap. 492 чл. 19Suspension or cancellation of activities.

(1) The Commissioner may order:

(a) the suspension of the activities of an enrolled voluntary organisation by the issue of a Suspension

Order, for such period as shall be specified in such Suspension Order which period shall not exceed thirty

(30) days in any single Suspension Order; or

(b) the cancellation of the enrolment of a voluntary organisation by the issue of a Cancellation Order, which shall come into effect thirty (30) days from the date on which the sole administrator or at least one of the administrators was notified of such order, unless an appeal is filed within the appeal period provided for in article 25(1), in which case such order shall only have effect if so determined and from the date established by the Tribunal:

Provided that nothing in this article shall hinder the operation of a Suspension Order pending the decision of the Tribunal.

(2) The orders referred to in subarticle (1) may be issued if the voluntary organisation -

(a) is not pursuing the purposes stated in the statute and in so doing it is misleading the general public;

(b) is making public collections for purposes outside its objects;

(c) carries out unlawful activities or is repeatedly acting in contravention of the provisions of any law which are mandatory;

(d) is failing to comply with the provisions of its statute or of this Act or any regulations made thereunder or the administration thereof is being carried out to poor standards of corporate governance and continues to be so carried out for a period in excess of three months notwithstanding a written warning by the Commissioner;

(e) is misapplying funds, or is using funds or benefits received for purposes other than those for which such funds or benefits were granted;

(h) obtained enrolment on the basis of materially incorrect or incomplete information that would have otherwise resulted in a refusal had the correct or complete information been known to the Commissioner.

(i) does not have a public purpose or its public purpose does not meet the sufficient requirements, whether this is determined by the Commissioner after the enrolment of the organisation in accordance with article 13(5) or otherwise; and in such a case the provisions of article 13(4) relating to the provision of reasons for such a decision and the opportunity to make representations shall apply mutatis mutandis. Provided that the Commissioner may not instruct the administrators on how to fulfil the purposes of the organisation: Provided further that where the purpose of the organisation is the advancement of religion, the Commissioner shall rely on a statement issued by the relevant religious authority regarding whether the purposes of the organisation are being fulfilled.

(3) In those cases where a Suspension Order is issued, the Commissioner shall indicate which of the activities of the organisation are to be suspended and shall meet or communicate with the administrators of the organisation, as soon as possible, to review the situation and to obtain information and undertakings from the administrators as necessary. The Commissioner may use such information when reviewing any orders issued by virtue of this article.

(4) In a Suspension Order, the Commissioner may make any ancillary orders, including an order to carry out any actions in compliance with the statute of the voluntary organisation or the provisions of this Act or any regulations made thereunder, as may be appropriate.

(5) The Commissioner shall have the power to extend, amend or revoke a Suspension Order, as he considers appropriate, on the application of the administrators of the voluntary organisation, or of his own motion.

(6) Until a Cancellation Order comes into effect in accordance with sub-article (1)(b), the affairs of the voluntary organisation shall continue to be administered by the administrators who shall only carry out acts of ordinary administration or, in the case where an appeal is pending, such acts as may be authorised by the Commissioner or the Tribunal.

(7) The Commissioner may determine whether any suspension of the activities of an organisation is to become permanent in relation to all or part of the activities of the organisation and may issue any relevant orders in relation to the future operations of the further activities. In all other cases the Cancellation Order shall include all determinations under such terms and conditions as the Commissioner may consider appropriate in the circumstances: Provided that such order shall not imply a restriction of the right of association of any persons involved in the organisation or of the right to continue to operate the organisation without the continuing benefits of enrolment under this Act.

(9) The Commissioner shall publish, in one local newspaper or by means of a notice in the official website of the Office of the Commissioner for Voluntary Organisations as the Commissioner may consider appropriate in the circumstances of the case, any Cancellation Orders which have become final with a brief statement as to the effects of the order and such statement shall be re-published regularly for as long as the Commissioner may consider necessary to ensure that the necessary public awareness has been achieved.