Updated: Wednesday May 25, 2016/AlArbia'a
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Jyaistha 04, 1938, at 02:44:03 PM
The Auqaf (Federal Control) (Repeal)
Ordinance, 1979
ORDINANCE NO. XXII OF 1979
[10th April, 1979]
An Ordinance to repeal the Auqaf (Federal
Control) Act, 1976
WHEREAS it is expedient to
repeal the Auqaf (Federal Control)’ Act, 1976 and to provide formatters
incidental thereto;
And whereas the President
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.LA. Order No. 1 of 1977), and in
exercise of all powers enabling him in that behalf, the President is pleased to
make and promulgate the following Ordinance:---
1. Short title, extent
and commencement.—(1)
This Ordinance may be called the Auqaf (Federal Control) (Repeal) Ordinance,
1979.
(2) It extends to the whole
of
(3) It shall come into
force on such day1 as
the Federal Government may, by notification in the official Gazette, specify in
this behalf, hereinafter referred to as the commencing day.
2. Repeal, etc.—(1) The Auqaf (Federal Control) Act, 1976
(LVI of 1976) is hereby repealed.
(2) Upon the repeal of the
Act,---
(a) the administration, control, management and maintenance of
all waqf property situated in a Province which vested in the Administrator-General
of Auqaf for Pakistan, hereinafter referred to as the Administrator-General,
immediately before the commencing day, shall stand transferred to the
Government of that Province or to such authority as may be specified by or
under the law of that Province ;
1I.e. l5thApril, 1979. by S.R.O. No.
317(1) 79, dated the 11th April, 1979,.vee Gaz. of R, 1979, Ext., Pt. II. p.
561.
(b) any contract made by or on behalf of the
Administrator-General before the commencing day for purposes which as from that
day are exclusively relatable to waqf property situated in a Province shall be
deemed to have been made on behalf of that Province or of such authority as may
be specified by or under the law of that Province, and all rights and
liabilities which have accrued or may accrue under such contract shall, to the
extent to which they would have been the rights and liabilities of the
Administrator-General, be the rights and liabilities of such Province or such
authority ;
(c) all rights, assets, debts, liabilities and obligations of
the Administrator-General in respect of any waqf property shall vest in the
Province in which such property is situated or in such authority as may be
specified by or under the law of that Province ; and
(d) all suits and other legal proceedings instituted by or
against the Administrator-General before the commencing day with respect to
any waqf property shall be deemed to be suits and proceedings instituted by or
against the Province in which such property is situated or by or against such
authority as may be specified by or under the law of that Province.
3. Allocation of
officers, etc., to Provinces.—(1) The Federal Government may make such orders as it may
consider necessary to provide for the allocation to the Provinces of the Chief
Administrators of Auqaf, Administrators of Auqaf, Deputy Administrators of
Auqaf and other officers and servants employed for the purpose of this Act:---
Provided that no such order
shall be made after the expiry of one year from the commencing day.
(2) The terms and
conditions of service of the persons allocated to the Provinces under
sub-section (1) shall not be altered by the Provinces to their disadvantage.
4. Removal of
difficulties. If any
difficulty arises in carrying out any of the purposes, or in giving effect to
any of the provisions, of this Ordinance, the Federal Government may make such
orders not inconsistent with the provisions of this Ordinance, as may appear to
it to be necessary for removing the difficulty:---
Provided that no such order
shall be made after the expiry of one year from the commencing day.
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