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Awami Hajj Trust Ordinance, 1996

(Ordinance LXXXI of 1996)

An Ordinance to provide for the establishment of an Awami Hajj Trust

[Gazette of Pakistan, Extraordinary, Part I, 12th August, 1996]

No.F.2(1)/96/Pub., dated 12‑8‑1996.‑‑The following Ordinance made by the President is hereby published for general information:‑‑

Whereas it is expedient to provide for the establishment of an Awami Hajj Trust to mobilize savings from the pilgrims desirous of performing Hajj and investment thereof in the Islamic modes of investment and for facilitating Hajj operations and matters connected therewith and incidental thereto;

And whereas the National Assembly is not in session and the President is satisfied that circumstances exist which render it necessary to take immediate action;

Now, therefore, in exercise of the powers conferred by clause (1) of Article 89 of the Constitution of the Islamic Republic of Pakistan, the President is pleased to make and promulgate the following Ordinance:‑‑

1.  Short title, extent and commencement.‑‑This Ordinance may be called the Awami Hajj Trust Ordinance, 1996.

(2) It shall extend to the whole of Pakistan.

(3) It shall come into force at once.

2.  Definition.‑‑In this Ordinance, unless there is anything repugnant in the

subject or context,‑‑

(a) “Board” means the Board of Trustees of the Awami Hajj Trust constituted under section 5;

(b) “Fund” means the Awami Hajj Savings and Investment Fund established under section 10;

(c) “Haji” or “Hujjaj” means a person or persons who have performed, or are intending to proceed to perform Hajj;

(d) “Hajj” means performance of Hajj by visiting Makkah and Madina in Saudi Arabia in accordance with the Injunctions of Islam as laid down in Holy Qur’an and Sunnah of the Holy Prophet (peace be upon him);

(e) “Managing Trustee” means the Secretary, Religious Affairs Division, Government of Pakistan, or such other person of integrity having a good record of fiduciary conduct and expertise in financial management and knowledge of Shariah as the Federal Government may appoint to perform the functions of the Managing Trustee;

(f) “Member” means an intending Haji who wishes to save and finance the Hajj expenses by becoming a member of the Fund;

(g) “Trust” means the Awami Hajj Trust established under section 3; and

(h) “Trustee Bank” means a bank or financial institution appointed by the Board to collect deposits from members, maintain their accounts in the Fund and make investment thereof in accordance with the directions of the Board.

3. Establishment of the Trust.‑‑(1) As soon as may be, after the commencement of this Ordinance, the Federal Government shall, by notification in the Official Gazette, establish a Trust to be known as the Awami Hajj Trust.

(2) The Trust shall be a body corporate having perpetual succession and a common seal with power to acquire, hold and dispose of property, and may by its name, sue and be sued;

(3) The headquarters of the Trust shall be at Islamabad and it may establish its regional offices in such other places as the Federal Government may determine.

4.    Purposes and objects of the Trust.‑‑The purposes and objects of the Trust shall be to‑‑‑

(a) mobilize savings from members;

(b) invest savings of the members in appropriate schemes yielding r maximum returns and credit profits accrued therefrom in the members’ accounts;

(c) defray the expenses of Hajj of individual members out of their savings and profit accrued thereon; and

(d) adopt measures for facilitating the performance of Hajj by members.

5. Board of Trustees.‑‑(1) The general direction and administration of the Trust and its affairs shall vest in the Board of Trustees consisting of‑‑‑

(i) Federal Minister for Religious Affairs.                             Chairman

(ii) Federal Minister for Finance.                                           Member

(iii) Chairman, Council of Islamic Ideology.                                    Member

(iv) Deputy Chairman, Planning Commission.                    Member

(v) Secretary, Ministry of Finance.                                        Member

(vi) Secretary, Religious Affairs Division,

Government of Pakistan, if he is not

appointed as the Managing Trustee.                                                Member

(vii) Chairman, Pakistan Banking Council.                          Member

(viii) Managing Trustee.                                                        Member

(2) The Secretary, Religious Affairs Division, Government of Pakistan, shall act as Secretary of the Board.

6. Powers and functions of the Board.‑‑The powers and functions of the Board shall be to‑‑

(a) provide guidelines to the Managing Trustee for Managing Hajj savings and investment operations in an efficient and productive manner;

(b) approve the budget of the Managing Trustee relating to the fund;

(c) review and approve the audited income and expenditure of the Fund;

(d) approve implementation plans for functions assigned to the Trustees bank;

(e) adopt measures for promotion and welfare of the Hujjaj during Hajj operations; and

(f) perform such other functions as may be assigned to it by the Federal Government for the purposes of this Ordinance.

7.  Powers and functions of the Managing Trustee.‑‑The Managing Trustee shall‑‑

(a) implement, faithfully and with due diligence, the policies of the Board;

(b) ensure that the laws of Saudi Arabia and Pakistan are fully respected and adhered to during Hajj operations;

(c) acquire movable and immovable properties for use by members during pilgrimage;

(d) mobilize savings from members;

(e) invest such savings in appropriate schemes yielding maximum returns; and

(f) take all steps for welfare of Hujjaj.

8. The Trustee Bank.‑‑The Board shall appoint a commercial bank for financial institution as a Trustee Bank for collection of savings, maintenance of the accounts of the members, investments of the Fund in accordance with the directions of the Board and for efficient management of the Fund.

9. Powers and functions of the Trustee Bank.‑‑In accordance with the directions given by the Board and the Managing Trustee, the Trustee Bank shall‑‑‑

(a) prepare and implement schemes for mobilizing savings from members and deposit such savings in the fund;

(b) invest savings of the members in appropriate schemes yielding maximum returns and are approved by the Board;

(c) manage the Fund with due diligence in order to fully protect and safeguard the savings made by the members; and

(d) acquire movable and immovable properties for use by members during Hajj in accordance with the directions of Board.

10. Fund.‑‑There shall be a fund of the Trust to be known as Awami Hajj Savings and Investment fund and shall be maintained by the Trustee Bank.

(2) The Fund shall be financed from the following sources, namely:‑

(a) contributions and savings by the members;

(b) contributions by philanthropists for the welfare of Hujjal,

(c) profit earnings and capital gains from the investments made out of savings of members: and

(d) income from movable and immovable properties of the Trust.

(3) The Trustee Bank shall maintain separate accounts for each source of the Fund and shall cause these accounts audited.

11. Reports.‑‑The Managing Trustee shall, by the end of each financial year or as and when the Federal Government may direct, submit annual audited report of Fund to the Board and such other reports about its activities as the Board or the Federal Government may direct.

12. Rules.‑‑(1) The Board may, with the prior approval of the Federal Government, make rules for carrying out the purposes of this Ordinance.

(2) Without prejudice to the foregoing powers, such rules may provide for‑‑‑

(a) the procedure for deposit of amounts in the Fund and its utilization ‘or defraying Hajj expenses of the members;

(b) determination of Hajj expenses; and

(c) such other activities as may facilitate the performance of Hajj in conformity with the purposes of the Trust.

13. Repeal.‑‑Awami Hajj Trust Ordinance, 1996 (XLIX of 1996), is hereby repealed.

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