Fund-raising Act, 1978 (Act No. 107 of 1978) 1. Definitions

 

 

"appeal committee"

means an appeal committee appointed in terms of section 10(1);

 

"appellant"

means any person noting an appeal in terms of section 10(1);

 

"authorized organization"

means any organization to which a special authority has been granted in terms of section 21;

 

"authorized person"

means any person to whom a special authority has been granted in terms of section 21;

 

"authority"

means an authority granted in terms of section 4;

 

"board"

means a board established in terms of section 17;

 

"branch"

means a group or association of persons carrying out the functions or carrying on the activities of a fund-raising organization within a particular area and which is managed in terms of a constitution by a committee consisting of not fewer than five persons;

 

"certified copy"

means a copy certified by a commissioner of oaths to be a true copy of the original document;

 

"collect"

in relation to contributions, means in any manner whatsoever soliciting, accepting, collecting or obtaining contributions from the public or attempting so to collect or obtain;

 

"constitution"

means the written provisions in terms of which an organization is constituted and managed;

 

"contributions"

means movable or immovable property, including money or anything that can be exchanged for or converted into money, which is not transferred in fulfilment of a legally enforceable obligation (except a donation or gift) and the mere transfer of which does not confer the right to claim any consideration (except any consideration in relation to any competition, contest, game, scheme, arrangement or system in connection with which any prize may be won);

[Definition amended by section 1(a) of Act No. 41 of 1980]

 

"Director"

means the Director of Fund-raising appointed under section 3;

 

"financial statements"

means the financial statements mentioned in section 12(1);

 

"fund-raising organization"

means any organization in respect of which an authority has been granted in terms of section 4;

 

"holder"

means any person to whom or organization to which a temporary authority has been granted in terms of section 6;

 

"inspector"

means an inspector appointed under section 30;

 

"local authority"

means any institution or body referred to in section 84(1)(f) of the Republic of South Africa Constitution Act, 1961 (Act No. 32 of 1961), and also a Bantu Affairs Administration Board referred to in section 2 of the Administration of Bantu Affairs Act, 1971 (Act No. 45 of 1971);

 

"management"

means the committee or other body of an organization designated or appointed by or in terms of the constitution of the said organization and by which the affairs of such organization are managed;

 

"Minister"

means the Minister of Social Welfare and Pensions and, for the purposes of Chapter II, includes the Minister of Defence in so far as that Chapter applies in relation to the South African Defence Force Fund;

 

"organization"

includes any body, group or association of persons, any institution, federation, society, movement, trust or fund, incorporated or unincorporated, and whether or not it has been established or registered in accordance with any law and, for the purposes of section 30, includes a fund-raising organization and an authorized organization;

 

"permission"

in relation to a fund-raising organization, registered branch or holder, means a permission referred to in section 7(1) and, in relation to a board, an authorized organization or an authorized person, means a permission referred to in section 23;

[Definition amended by section 1(b) of Act No. 41 of 1980]

 

"prescribed"

means prescribed by regulation;

 

"registered branch"

means any branch registered under section 5(1);

 

"registration certificate"

means any registration certificate issued under section 5;

 

"regulations"

means the regulations made under section 36;

 

"remuneration"

means an amount of money or anything which can be exchanged for or converted into money, but does not include the salary or wages paid by a fund-raising organization or registered branch to any person in its employment who does not carry on business for his own account;

 

"Secretary"

means the Secretary for Social Welfare and Pensions and, for the purposes of Chapter II, includes the Head of the South African Defence Force in so far as that Chapter applies in relation to the South African Defence Force Fund;

 

"special authority"

means any special authority granted under section 21;

 

"special permission"

in relation to a fund-raising organization, registered branch or holder, means a special permission referred to in section 7(2) and, in relation to a board, an authorized organization or an authorized person, means a special permission referred to in section 23;

 

"temporary authority"

means any authority granted under section 6;

 

"this Act"

includes the regulations.