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BALOCHISTAN WAQF PROPERTIES ORDINANCE, 1979

 

Sections

Contents

 

 

Preamble

 

1

Short title, extent and commencement

 

2

Definitions

 

3

Appointment of Chief Administrator of Auqaf

 

4

Appointment of Administrator and Deputy Administrators

 

5

General appointments

 

5-A

Administrator, Deputy Administrator and Officer to be Muslim

 

6

Registration of Waqf property

 

7

Chief Administrator may take over Waqf property by Notification

 

8

Eviction of persons wrongfully in possession of Waqf property

 

9

Power of terminate a lease or resume a tenancy for breach of conditions

 

10

Appeal and finality

 

11

Petition to District Court against notification

 

12

Appeal against the decision of District Court

 

13

District Court and High Court not to issue temporary injunction or order

 

14

Decision of the District Court under section 11 or the High Court under section 12 to be final

 

15

Chief Administrator to prepare scheme for the administration and development of Waqf property

 

16

Sale of Waqf property by Chief Administrator and application of proceeds

 

17

Use of Waqf property and application of income therefrom.

 

18

Chief Administrator to maintain accounts

 

19

Rents find lease monies in respect of Waqf property may be recovered as arrears of land revenue

 

20

Chief Administrator may call for return etc. and may issue instructions and directions in respect of Waqf property

 

21

Bar of jurisdiction

 

22

Effect of orders, etc. inconsistent with this Ordinance

 

23

Protection of action taken under this Ordinance

 

24

Offences

 

25

Power to frame rules

 

26

Continuance of actions, etc. taken under Act (LVI of 1976)

 

BALOCHISTAN WAQF PROPERTIES ORDINANCE, 1979

Ordinance IV OF 1979

 

15th April, 1979

An Ordinance to provide for the proper management and administration of Waqf Properties in the Province of Balochistan.

The following Ordinance made by the Governor of Balochistan on the 23rd March, 1979 is hereby published for general information: –

Preamble. -Whereas it is expedient to provide for the management of Waqf properties and for matters connected therewith or ancillary thereto;

And whereas the Governor of Balochistan is satisfied that circumstances exist which render it necessary to take immediate action;

Now, therefore, in pursuance of the proclamation of the fifth day of July, 1977, read with the Laws (Continuance in Force) Order, 1977 (C.M.L.A. Order No. 1 of 1977), and in exercise of all powers enabling him on that behalf, the Governor of Balochistan is pleased to make and promulgate the following Ordinance: –

1. Short title, extent and commencement.

(1) This Ordinance may be called the Balochistan Waqf Properties Ordinance, 1979.

(2) It extends to the Province of Balochistan.

(3) It shall come into force from the date as may be notified by the Government in the official Gazette.

2. Definitions. -In this Ordinance, unless the context otherwise requires, the following expressions shall have the meanings hereby respectively assigned to them that is to say-

(a) 'Administrator' means an Administrator of Auqaf appointed under the provisions of Section 4;

(b) 'Chief Administrator' means the Chief Administrator of Auqaf;

(c) 'Government' means the Government of Balochistan;

(d) 'Prescribed' means prescribed by rules made under this Ordinance ;

(e) 'Waqf property' means property of any kind permanently dedicated by a person professing Islam for any purpose recognized by Islam as religious, pious or charitable, but does not include property of any Waqf such as is described in section 3 of the Musalman Waqf Validating Act, 1913 (VI of 1913), under which any benefit is for the time being claimable for himself by the person by whom the Waqf was created or by any member of his family or descendants.

Explanation 1. -If a property has been used from time immemorial for any purpose recognized by Islam as religious, pious or charitable, then in spite of there being no evidence of express dedication, such property shall be deemed to be Waqf property.

Explanation 2.  -Property allotted in lieu or in exchange of Waqf property left in India shall be deemed to be Waqf Property.

Explanation 3.  -Property of any kind acquired with the sale proceeds or in exchange of or from the income arising out of Waqf property or from subscriptions raised for any purpose recognized by Islam as religious, pious or charitable shall be deemed to be Waqf property.

Explanation 4.  -The income from boxes placed at a shrine and offerings, subscriptions or articles of any kind, description or use presented to a shrine or to any person at the premises of a shrine, shall be deemed to be Waqf property.

Explanation 5. -Property permanently dedicated for the purposes of a Mosque, Takia, Khankah, Dargah, or other shrine shall be deemed to be Waqf property.

Explanation 6. -Relief of the poor and the orphans, education, worship, medical relief, maintenance of shrines or the advancement of any other object of charitable, religious or pious nature or of general public utility shall be deemed to be charitable purposes.

3. Appointment of Chief Administrator of Auqaf.

(1) Government shall appoint a Chief Administrator of Auqaf for the Province of Balochistan and may, by order, vest in him, the Waqf properties situated in the Province including all rights, assets, debts, liabilities and obligations relating thereto.

(2) No person shall be appointed as Chief Administrator unless he is a Muslim and , possesses such qualifications as may be prescribed by Government.

(3) The Chief Administrator shall be a corporation sole by the name of the Chief Administrator of Auqaf Balochistan, and shall have perpetual succession and an official seal, and may sue and be sued in his corporate name.

(4) The Chief Administrator shall be subject to the general control of Government.

4. Appointment of Administrator and Deputy Administrators.

(1) Government may appoint an Administrator or Administrators for such area or areas and Deputy Administrators for such districts as may be specified in the notification to assist the Chief Administrator, and any Administrator or Deputy Administrator so appointed shall, subject to the general or special orders of the Chief Administrator, be competent to discharge such duties and exercise such powers of the Chief Administrator as may be assigned to him, and, when discharging such duties or exercising such powers, shall have the same privileges and be subject to the same liabilities as the Chief Administrator.

(2) The Administrator or Deputy Administrator appointed under sub-section (1) shall be under the administrative control of the Chief Administrator.

5. General appointments.

(1) The Chief Administrator with the previous sanction of Government may, from time to time, determine the number, designation and grade of the officers

and servants whom he considers necessary to employ for the purposes of this Ordinance and the amount and nature of salary, fees and allowances to be paid to each such officer and servant.

(2) All persons employed for the purposes of this Ordinance shall be deemed to be public servants within the meaning of section 11 of the Pakistan Penal Code (XLV of 1860).

5-A. Administrator, Deputy Administrator and Officer to be Muslim.-No person shall be appointed as an Administrator, Deputy Administrator or Officer under this Ordinance unless he is a Muslim and possess such qualifications as may be prescribed.

6. Registration of Waqf property.-Every person incharge of, or exercising control over the management of, any Waqf property, and every person creating a Waqf after the commencement of this Ordinance, shall get such Waqf property registered in such manner, within such time and with such authority, as may be prescribed.

7. Chief Administrator may take over Waqf property by Notification.

(1) Notwithstanding anything to the contrary contained in section 22 of the Religious Endowments Act, 1863 (XX of 1863), or any other law for the time being in force, or in any custom or usage, or in any decree, judgment or order of any Court or other authority, or in any proceedings pending before any Court or other authority, the Chief Administrator may, by notification, take over and assume the administrative control, management and maintenance of a Waqf property:

Provided that, during the lifetime of a person dedicating a Waqf property, the Chief Administrator shall not take over and assume the administration, control, management and maintenance of such Waqf property, except with the consent of such person and on such terms and conditions as may be agreed upon between such person and the Chief Administrator.

Explanation.-For the purposes of this section, 'control 'and 'management' shall include control over the performance and management of religious, spiritual, cultural and other services and ceremonies (Rasoomat) at or in a Waqf property.

(2) No person shall perform services or ceremonies (Rasoomat) referred to in sub-section (1) except with the prior permission of the Chief Administrator and in accordance with such directions as' may be given by him.

(3) The notification issued under sub-section (1), shall be served upon the management or the Mutawalli, as the case may be, and a copy thereof shall be affixed on some conspicuous place of the property referred to in the notification.

8. Eviction of persons wrongfully in possession of Waqf property.-Any person unauthorisedly entering upon occupation of any immovable Waqf property or using or occupying any such property to the use or occupation whereof, by reason of any provisions of this Ordinance or any rule made thereunder, he is not entitled or has ceased to be entitled may, after being given a reasonable opportunity of showing cause against such action be summarily evicted by the Administrator, with the use of-such force as may be necessary, and any crop raised in such property shall be liable as forfeiture, and any building or other construction erected thereon shall also, if not removed by such person after service on him of a notice by the Administrator requiring him to remove such building or construction within a period of not less than thirty days of the service on him of such notice, be liable to summary removal after the expiry of the period specified in the notice.

9. Power of terminate a lease or resume a tenancy for breach of conditions.

(1) If the Administrator is satisfied that a lessee or tenant of any immovable Waqf property has committed a breach of the conditions of the lese or tenancy, the Administrator may, after giving such lessee or tenant an opportunity to appear and state his objections order me termination of lease or resumption of tenancy:

Provided that if the breach is capable of rectification the Administrator shall not order the termination of the lease or resumption of the tenancy unless he has issued a written notice requiring the lessee or tenant to rectify the breach within a reasonable time, not being less than thirty days or more than ninety days, to be stated in the notice, and the lessee or tenant has failed to comply with notice.

(2) Where an order terminating the lease or resuming the tenancy has been passed under the provisions of sub-section (1), the Administrator may forthwith re-enter upon the Waqf property and resume possession of it, subject to the payment of compensation to be fixed by the Administrator for uncut and ungathered crops or for the improvements, if any, that may have been made by the lessee or tenant under the terms of the lease or tenancy or with the permission of the Chief Administrator :

Provided that if the lease or tenancy be allotted to any other person, the amount of the compensation, if any, paid to the outgoing lessee or tenant may be recovered from the new lessee or tenant.

10. Appeal and finality.

(1) Any person evicted under the provisions of section 8 or aggrieved by an order of termination of lease or resumption of tenancy made under section 9 may, within sixty days of such eviction or within thirty days of the order of termination of the lease or resumption of tenancy, prefer an appeal to the Chief Administrator, and the Chief Administrator, after giving such person an opportunity of being heard, confirm, modify or vacate the order made by the Administrator under section 8 or 9.

(2) If there is no appeal against an eviction under section 8 or an order of termination of lease or resumption of tenancy made by the administrator under section 9, the eviction, termination of release or resumption of tenancy, as the case may be, shall be final, and when there is an appeal, the decision of the Chief Administrator in appeal shall be final.

11. Petition to District Court against notification.

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