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Asadha 08, 1935, at 06:38:44 PM
Auqaf
(Federal Control) Act, 1976
PREAMBLE
1
Short title extent and commencement
2 Definitions
3 Appointment of administrator-general of Auqaf
4 Appointment of chief administrator and
administrators and deputy administrators of Auqaf
5 Other appointments
6 Registration of Waqf property
7 Taking over of Waqf property by
administrator-general
8 Eviction of persons wrongfully in possession
of Waqf properties
9 Power to terminate a lease or resume a tenancy
for breach of conditions
10 Appeal and finality
11 Petition to district Court against the
notification
12 Appeal against the decision of district Court
13 Decision of the district Court under section
11 or of the High Court under section
12 to be final
14 Administrator-General of Auqaf to prepare
scheme for the administration and development of Waqf property
15 Sale of Waqf property by
administrator-general of Auqaf and application of proceeds
16 Use of Waqf property and application of
income therefrom
17 Administrator-general of Auqaf to maintain
accounts
18 Rents and lease money recoverable as an
arrear of land revenue
19 Power to call for return etc and issue
directions
20 Power to issue directions as to management
etc of Waqf property
21 Bar of jurisdiction
22 Effect of orders etc inconsistent with other
enactments etc.
23 Protection of action taken under this act
24 Offences
25 Power to make rules
26 Repeal and savings
Auqaf (Federal Control) Act, 1976
An
Act to provide for the proper management and administration of Auqaf under
Federal control
[Gazette
of
The
following Act of Parliament received the assent of the President on the 31st
August 1976, and is hereby published for general information:‑--
Whereas
it is expedient to provide for the proper management and administration of
Auqaf under Federal control and for matters connected therewith or incidental
thereto;
It
is hereby enacted as follows;
l.
Short title, extent and commencement.‑(I) This Act may be called the
Auqaf (Federal Control) Act, 1976.
(2)
It extends to the whole of
(3)
It shall come into force on such day as the Federal Government may, by
notification in the official Gazette, appoint.
2.
Definitions. In this Act, unless there is anything repugnant in the
subject or context,‑--
(a) “Administrator”
means an Administrator of Auqaf appointed under section 4;
(b) “Administrator
General” means the Administrator General of Auqaf for
(c) “Chief
Administrator of Auqaf” means a Chief Administrator of Auqaf appointed under
section 4;
(d) “Government”
means the Federal Government;
(e) “prescribed”
means prescribed by rules made under this Act;
(f )
“Waqf property” means property of any kind permanently dedicated by a person
professing Islam for any purpose recognized by Islam as religious, or
charitable, but does not include property of any Waqf such as it 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 family or descendants;
Explanations.‑‑(i)
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 bang no
evidence of express dedication such property shay be deemed to be Waqf
property.
(ii)
Property allotted in lieu of
(iii)
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 recognised by Islam as religious, pious, or charitable shall be deemed
to be Waqf property.
(iv)
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 do :med to be Waqf property.
(v)
Relief of the poor and the orphan, education, worship, medical relief,
maintenance of shrine 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.
(vi)
Property permanently dedicated for the purposes of a mosque, Takia, Khankah,
Dargah, or other shrine shall be deemed to be Waqf property.
3.
Appointment of Administrator‑General of Auqaf.‑(1) The
Government shall, by notification in the official Gazette, appoint an Administrator-General
of Auqaf for
(2)
No person shall be appointed as Administrator-General of Auqaf unless he is a
Muslim and possesses such qualifications as may he prescribed.
(3)
The Administrator General shall be a corporation sole by tile name of the
Administrator‑ General of Auqaf, Pakistan, and shall have perpetual
succession and an official seal and may sue and be sued in this corporate name.
(4)
The Administrator‑General shall, in the performance of his functions and
exercise of his powers under this Act, be subject to the general control of the
Government.
4.
Appointment of Chief Administrator and Administrators and Deputy Administrators
of Auqaf.‑(1) The Administrator‑General may, with the previous
sanction of the Government, appoint a Chief Administrator of Auqaf for each
Province and Administrators of Auqaf and Deputy Administrators of Auqaf for
such areas and districts as may be area in the notification to assist the
Administrator‑General, and any Chief Administrator, Administrator or
Deputy Administrator of Auqaf so appointed shall subject to the general or
special orders of the Administrator-General be competent to discharge such
duties and exercise such powers of tae Administrator‑General 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
Administrator‑General.
(2)
The Chief Administrators, Administrators or Deputy Administrator appointed
under subsection (1) shall be under the administrative control of’ the
Administrator‑General of Auqaf.
5.
Other appointments.‑(1) sanction of Government The Administrator‑General
with the previous sanction of Government may from time to time, determine the
cumber, designation and grade of the officers and servants whom he considers
necessary to employ for the purposes of this Act and the amount and nature of
the salary, fees and allowances to be paid to each such officer and servant.
(2)
All persons employe for the purposes of this Act shall be deemed to be public
servants within the meaning of section 21 of the Pakistan Penal Code (Act XLV
of 18 =0)
6.
Registration of waqf property.‑(1) Every person in charge of, or
exercising control over the management of, any Waqf property shall, within a .
period of three months from the commencement of this Act, get such property
registered in such manner, and with such authority, as may be prescribed.
(4)
Every person creating a Waqf after the commencement of this Act shall, within a
period of three months. from the date of creation of such Waqf, get the
property dedicated by the Waqf registered in such manner, and with such
authority, as may be prescribed.
7.
Taking over of waqf property by Administrator‑General. (1)
Notwithstanding anything contained in section 22 of the Religious Endowments
Act,, 18(;3 (XX of 1863), or any other law for the time being in force, and
notwithstanding any custom or usage, or any decree, judgment or order of any
Court or other authority, the Administrator‑General may, by notification
in the official Gazette, take over and assume the administration, control,
management and maintenance of a waqf property;
Provided
that, during the life time of a person dedicating a Waqf property, the
Administrator‑General 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 Administrator‑General.
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 the services or ceremonies (Rasoomat) referred to in
subsection (1) at or in a Waqf property in respect of which a notification
under subsection (1) has been issued, except with the prior permission of the
Administrator‑General and in accordance with such directions a9 may be
given by him.
8.
Eviction of persons wrongfully in possession of waqf properties.‑(1) If any person
is in occupation of, or enters upon, or is using any immovable Waqf property to
the occupation or use of which he is not, or has ceased to be entitled by
virtue of any provision of this Act, the Administrator may, after giving such
person a reasonable opportunity of showing cause against the action proposed to
be taken, have him summarily evicted from such property with tire use of such force
as may be necessary.
(2)
Any crop standing on any property in respect of which action is taken under
subsection (1) shall stand forfeited to the Administrator‑General of
Auqaf,
(3)
If any building or other structure has been erected on any property while it
was in the occupation or use of a person evicted therefrom under subsection
(1), the Administrator may, by notice in writing, require such person to remove
such building or structure within such period, which shall not be less than thirty
days of the service of the notice on such person, as may be specified in the
notice.
(4)
If any building or other structure required by notice under sub-section (3) to
be removed is not removed within the period specified in the notice, such
building or structure shall stand forfeited to the Administrator General of
9.
Power to terminate a lease or resume a tenancy for beach 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 lease or tenancy, the
Administrator may give to such lessee or tenant a notice to appear and stat,
his objections to an order being made for the termination of the lease or
resumption of the tenancy.
(2)
The lessee or tenant to whom a notice is given under subsection (1) may state
that the breach of the conditions of the lease or tenancy specified in the
notice is capable of rectification and undertake to rectify it.
(3)
If the Administrator is satisfied that the breach is capable of rectification,
he shall allow to the lessee or tenant, as the case may be, reasonable time,
which shall not be less than thirty days or more than sixty days, to rectify it
and may make an order terminating the lease or resuming the tenancy if the
lessee or tenant fails to rectify the breach within the time allowed.
(4)
Where an order terminating the lease or resuming the tenancy has peen passed
under the provisions of subsection (3), 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
Administrator‑General.
(5)
If a lease terminated, or a tenancy resumed, under subsection (3), is allotted
to any other person, the amount of the compensation, if any, paid to the
outgoing lessee or tenant under subsection (4) may be recovered from such
person.
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 Administrator‑General and
the Administrator‑General may, 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 against an order
of termination of lease of resumption of tenancy made under section 9, the
eviction, termination of lease or resumption of tenancy, as the case may be,
shall be final, and when there is an appeal, the decision of the Administrator‑General
in appeal shall be final.
11.
Petition to District Court against the notification.‑(t) Any person
12.
Appeal against the decision of District Court.‑Any person
aggrieved by a decision of the District Court under subsection (1) of section
11 may, within sixty days of the order, appeal to the High Court.
13.
Decision of the District Court under section 11 or of the High Court under
section 12 to be final.‑If there is no appeal. the decision of
the District Court, and if there is an appeal, the decision of the High Court
in appeal, shall be final.
14.
Administrator‑General of Auqaf to Prepare scheme for the administration
and development of waqf property.‑(1) The Administrator‑General
shall, as respects the Waqf property in respect of which a notification under
section 7 has been issued and the gross annual income from which exceeds five
thousand rupees, and in other cases may, settle a scheme for the administration
and development of such Waqf property.
(2)
In the settlement of a scheme the Administrator‑General shall, as far as
may be, give effect to such wishes of the person dedicating as can be
ascertained.
15.
Sale of waqf property by Administrator‑General of Auqaf and application
of proceeds.‑Government may, where it is satisfied that circumstances
exist which make it necessary to sell or otherwise dispose of any Waqf property
in order,‑--
(a)
to secure maximum economic benefits out of such property and to avoid loss or
damage to such property; or
(b)
to serve the best public interest and public purpose for which such property
was dedicated; or
(c)
to give effect to such wishes of the person dedicating the property as can be
ascertained; or
(d)
in the absence of evidence of express dedication, to enable the property to be
used for the purpose for which it has been used or for any purpose recognised
by Islam as religious, pious or charitable; or
(e)
to provide maintenance to those who, on account of unemployment, sickness,
infirmity or old age unable to maintain themselves; or
(f)
to prove education, medical aid, housing public facilities and services such as
roads, sewerage, gas and electric power; or
(g)
to prevent danger to life, property or public health, permit the Administrator‑General
to do so and to invest the proceeds in accordance with its directions.
16.
Use of waq of property and application of income therefrom.‑Subject to the
provision of this Act, a Waqf property shall be used for the purpose for which
it was dedicated or has been used or for any purpose recognized by Islam as
religious, pious or charitable, as the Administrator‑General may de‑m
fit.
17.
Administrator‑General of Auqaf to maintain accounts.‑(1) The
Administrator‑General shall maintain a complete record of all properties
under his control and management, and shall keep accounts of income and
expenditure of such properties, including expenditure on the
Administrator-General and his establishment, in such manner as may be
prescribed.
(2)
All moneys received or realised by the Administrator‑General in respect
of properties under his control and management shall form, and be credited to,
a fund to be called the Federal Auqaf Fund which shall be under the control of,
and operated upon by the Administrator‑General, subject to general
supervision of Government, and shall be kept in such custody as may be
prescribed.
(3)
At the end of each financial year, the accounts maintained by the Administrator.
General shall be audited by such person or authority as may be prescribed and
the audit report with the comments of the Administrator-General shall be
submitted to the Government.
(4)
The Government shall, as soon as possible after the receipt of the audit report
and the comments of the Administrator‑General under sub-section (3), lay
the audit report and the comments of the Administrator-General before both
Houses.
18.
Rents and lease money recoverable as an arrear of land revenue---.Any sum due as
rent or lease money in respect of any Waqf property the administration whereof
has been taken over and assumed by the Administrator-General, if not paid
within thirty days of its having become due, may be recovered as an arrear of
land revenue.
19.
Power to call for return, etc., and issue directions.‑The
Administrator-General may require any person in charge of, or exercising
control over the management of any Waqf property. the administration whereof
has not been taken over and assumed by him under section 7, to furnish him with
any return, statement or other information regarding such Waqf property, of a
copy of any document relating to such property, and such person shall comply
with such order without unreasonable delay.
20.
Power to issue directions as to management, etc, of waqf property.-The Administrator‑General
may issue to any person in charge of, or exercising control over the management
of, any Waqf property the administration whereof has not been taken over and
assumed by the Administrator-General under section 7 such directions for the
proper administration, control, management and maintenance of such Waqf
property as the Administrator-General may deem necessary, including directions
prohibiting delivery of sermons, Khutbas or lectures which may contain any
matter calculated to arouse feelings of hatred or, disaffection amongst various
religious sects or groups in the country and directions prohibiting such person
from indulging in patty politics through sermons, Khutbas or lectures, and such
parson shall comply with such directions.
21.
Bar of jurisdiction.‑Save as expressly provided in this Act, no civil or
revenue Court or any other authority shall have jurisdiction,---
(a)
to question the validity of anything done under this Act by or at the instance
of the Administrator‑General; or
(b)
in respect of any matter which the Administrator‑General is empowered by
or under this Act to determine or settle; or
(c)
to grant an injunction or make an interim order in relation to any proceeding
before, or anything done or intended to be done by or at the; instance of, the
Administrator‑General under this Act.
22‑
Effect of orders, etc., inconsistent with other enactments, etc. Every order made
and every action taken under this Act shall have effect notwithstanding
anything contained in any document decree or order of any Court, any law other
than this Act for the time being in force or any instrument having effect by
virtue of any such law.
23.
Protection of action taken under this Act.‑No suit, prosecution
or other legal proceedings shall lie against any person for anything which is
in good faith done or intended to be done under this Act or the rules made
thereunder.
24.
Offences.‑(1) Whoever obstructs or offers any resistance to, or impedes
or otherwise interferes with,‑--
(a)
any authority, officer or person exercising any power or discharging any duty
conferred or imposed upon it or him by or in pursuance of this Act or otherwise
discharging any lawful function under this Act; or
(b)
any person who is carrying out the orders of any such authority, officer or
person as aforesaid, shall be punishable with imprisonment for a term which may
extend to five years, or with fine, or with both.
(2)
Whoever disobeys or wilfully fails to comply with any requisition or direction
issued by the Administrator‑General under section 19 shall be punishable
with fine which may extend to five hundred rupees, and in the case of a
continuing failure, with an additional fine which may extend to fifty rupees
for every day after the first during which the failure continues.
25.
Power to make rules.‑(1) Government may frame rules for the purpose of
carrying into effect the provisions of this Act.
(2)
In particular and without prejudice to the generality of the foregoing power,
such rules may provide for all or any of the following matters, namely;‑--
(a)
prescribing the powers and duties of the officers appointed under this Act;
(b)
regulating the delegation of any powers by the Administrator‑General to a
Chief Administrator, an Administrator or a Deputy Administrator;
(c)
prescribing the terms and conditions on which Waqf property may be leased or
let out;
(d)
regulating the manner in which schemes fox administration and development of
Waqf properties shall be prepared;
(e)
regulating the conditions of service and conduct of the persons employed under
this Act;
(f )
regulating the conduct of litigation by or against the Administrator-General;
(g)
prescribing the manner in which the accounts shall be kept;
(h)
prescribing the authority for auditing the accounts maintained by the
Administrator‑General;
(i)
prescribing the syllabus and curricula for the proper education and training of
Imams and Khatibs and of other employees of the Augaf institutions in
(j) prescribing
and regulating the standards, syllabi and curricula of institutions providing
Islamic religious education, by whatever name called, and, where considered
necessary in the public interest, the scrutiny of the accounts of such
institutions;
(k) to
appoint Advisory Committees consisting of public representatives, Ulama, and
other experts.
26.
Repeal and savings.‑(1) The West Pakistan Waqf properties ordinance, 1961
(W. P. Ordinance No. XXVIII of 1961), is hereby repealed.
(2)
Everything done or purporting to have been done, action taken, liability or
penalty incurred or proceeding commenced, officer appointed or person
authorised, jurisdiction or power conferred, rule made car order issued under
any of the provisions of the Ordinance repealed by subsection (1) shall, so far
as it is not inconsistent with the provisions of this Act, continue .in force,
and so far as may be, be deemed to have been done, taken, incurred,
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