Protection of Communal
Properties of Minorities’ Ordinance, 2001
ORDINANCE NO. V OF 2002
to protect the properties of minority communities
meant for their communal use
WHEREAS in view of prevailing circumstances, it is
the demand of the minority communities to protect their properties meant for
their communal use;
AND WHEREAS the President is satisfied that
circumstances exists which render it necessary to take immediate action;
NOW, THEREFORE, in pursuance of the Proclamation
of Emergency of the fourteenth day of October, 1999, and the Provisional
Constitution Order No.1 of 1999, read with the Provisional Constitution
(Amendment) Order No.9 of 1999, and in exercise of all other powers enabling him
in that behalf, the President of the Islamic Republic of Pakistan is pleased to
make and promulgate the following Ordinance:---
1. Short title, extent, commencement and
application.- (1) This Ordinance may be called the Protection of Communal
Properties of Minorities’ Ordinance, 2001.
(2) It extends to the whole of
(3) It shall come into force at once.
(4) It shall apply to properties belonging to the
minority communities in
Pakistan meant for their communal use.
2. Definition.- In this Ordinance, unless
there is anything repugnant in the subject or context,---
(a) “Commission” means the National Commission for
(b) “Property” means places of worship,
monasteries, seminaries, vicarages, dharamshalas, gaoshalas, burial places,
community centers, social welfare, educational, health and recreational
institutions meant for communal use of minority communities and includes side
buildings, vacant places, lands, residential places or offices annexed to the
3. Ban on sale or transfer of minority
communities properties.- (1) No property of a minority community meant for
its communal use shall be bought, sold or transferred by any person without NOC
from the Federal Government:---
Provided that nothing contained herein shall apply
to a property bought, sold or transferred for a Housing Scheme, meant for a
minority community, approved by a Provincial or Federal Government.
The Protection of Communal Properties of
Minorities Ordinance, 2001 2 (2) The N.O.C. referred to in sub-section (1) may
be given by the Federal Government on the recommendation of the National
Commission for Minorities.
4. Ordinance not to apply to evacuee trust
properties.— Nothing in this Ordinance shall apply to the evacuee trust
properties forming party of Trust Pool and vested in the Federal Government
under the Evacuee Trust Properties (Management and Disposal) Act, 1975 (XIII of
5. Punishment.—Whoever buys, sells or
transfers any property belonging to a minority community meant for its communal
use in violation of section 3, shall be punishable with imprisonment of either
description which may extend to seven years and shall also be liable to fine
which shall not be less than one hundred thousand rupees and the sale or
transfer transaction shall be no legal effect.
6. Removal of difficulties.— If any
difficulty arises in giving effect to any of the provision of this Ordinance,
the Federal Government may make such order, not inconsistent with the
provisions of this Ordinance, as may appear to be necessary for the purpose of
removing the difficulty.
7. Power to make rules.— The Federal
Government may, by notification in the official Gazette, make rules for
carrying out the purposes of this Ordinance.