Non-Profit Organisations Act, 1997 (Act No. 71 of 1997)Chapter 1 Interpretation and Objects of Act1. Definitions |
1) | In this Act unless the context indicates otherwise-- |
“accounting officer”
means, in relation to a non-profit organisation, a person contemplated in section 60 of the Close Corporations Act, 1984 (Act No. 69 of 1984);
“Arbitration Tribunal”
means an Arbitration Tribunal contemplated in section 9;
“banking account”
means an account with a bank registered in terms of the Banks Act, 1990 (Act No. 94 of 1990), or with a mutual bank registered in terms of the Mutual Banks Act, 1993 (Act No. 124 of 1993);
“constitution”
includes a trust deed and memorandum and articles of association;
“director”
means the person designated in terms of section 8;
“Directorate”
means the body established in terms of section 4;
“financial year”
in relation to the Directorate, means a period which commences on 1 April and ends on 31 March in the following year;
“Minister”
means the Minister for Welfare and Population Development;
“national department”
means the national department responsible for welfare;
“non-profit organisation”
means a trust, company or other association of persons--
a) | established for a public purpose; and |
b) | the income and property of which are not distributable to its members or office-bearers except as reasonable compensation for services rendered; |
“office-bearer”
means a director, trustee or person holding an executive position;
“prescribe”
means prescribe by regulation and “prescribed” has a corresponding meaning;
“register”
means the register contemplated in section 24;
“registered non-profit organisation”
means a non-profit organisation registered in terms of section 13;
“this Act”
includes the regulations made under this Act.
2) | Any person interpreting and applying this Act must-- |
a) | give a liberal construction to its provisions, in a manner that-- |
i) | is consistent with the objects of this Act set out in section 2; and |
ii) | accounts for the particular purpose, role and circumstances of a particular non-profit organisation; |
b) | with respect to any particular non-profit organisation, apply the provisions of sections 16(1) and 17(3) only to the extent that they do not conflict with any other law governing that non-profit organisation. |