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

Chapter III : General and Supplementary Provisions

31. Disposal of unlawfully collected contributions
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(1) If the Director has reason to suspect that any contributions have been collected in contravention of any provisions of this Act, or that the provisions of section 7(5) or (6) have not been complied with in respect of any collection of contributions, he may by order under his hand—
(a)direct any person who has collected such contributions to furnish the Director with the name and address and any other information which he may require in order to enable him to identify or trace any other person who to the knowledge of such person has collected such contributions or has such contributions in his possession or under his control;
(b)direct any person who has such contributions in his possession or under his control, to retain possession or control thereof until a further order in respect thereof has been made by him, or to transfer or deliver such contributions or any part thereof to the Director; or
(c)order any person who has such contributions in his possession or under his control to return, if practicable, to each contributor who is known, the contribution contributed by him, and to transfer or deliver the balance (if any) to the Director.

 

(2)The Director shall return to the contributor who made the contribution and who is known, any contributions transferred or delivered to him in terms of an order referred to in subsection (1) or any contribution collected in contravention of the provisions of this Act  and transferred or delivered to him otherwise than in terms of such order, or, if such return is not practicable, dispose thereof in such manner as the Minister may determine.

 

(3)If any person receives any unsolicited contribution from any other person and the collection of the said contribution is in conflict of the provisions of this Act, he shall forthwith return such contribution to the contributor thereof, or, if such return is not practicable, he shall deal with it in such manner as the Minister may determine in the case concerned.