Updated: Tuesday July 19, 2016/AthThulatha
Shawwal 14, 1437/Mangalavara
Asadha 28, 1938, at 12:05:41 AM
The National Zakat Foundation (Merger in the Bait-ul-Mal)
Ordinance, 2001
ORDINANCE No. XVIII OF 2001
[6th April, 2001]
An Ordinance to provide for merger of the National
Zakat Foundation in the Bait-ul-Mal
WHEREAS it is expedient to merger of
the National Zakat Foundation in Bait-ul-Mal, and for matter connected
therewith or ancillary thereto;
AND WHEREAS the National Assembly and
the Senate stands suspended in pursuance of the Proclamation of Emergency of
the fourteenth day of October, 1999 and the Provisional Constitution Order No.
1 of 1999.
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 Emergency of the fourteenth day of October, 1999 and the
Provisional-Constitution Order No. 1 of 1999, read with the Provisional
Constitution (Amendment) Order tvo.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 and commencement.__(1) This Order tray be called the National Zakat
Foundation (Merger in the Bait-ul-Mal) Ordinance, 2001.
(2) It shall come into force at once.
2. Definitions.--In this Ordinance, unless there is anything repugnant
in the subject or context,---
(a) “appointed
day” means the 31st day of March, 2001;
(b) “Bait-ul-Mal”
means the Bait-ul-Mal established under the
(c) “Foundation”
means the National Zakat Foundation established vide Notification
No.S.R.0.162(1)/82, dated the 18th February, 1982.
3. Merger of Foundation in the
Bait-ul-Mal.__ (1) Notwithstanding anything contained in any other
law for the time being in force the in the Bait-ul-Mal and assets, properties,
movable and immovable, debts, rights and liabilities of whatever kind to which
the Foundation, immediately before the appointed day was entitled or subject
shall vest in Bait-ul-Mal and become the property, rights and liabilities of
the Bait-ul-Mal;
(2) All contracts, bonds, agreements,
power of attorneys, grants and all other instruments of whatever kind
subsisting, owed or incurred by the Foundation or to which the Foundation may
have been a party or which relate or connected with the Foundation shall remain
in force and effect against the Bait-ul-Mal as they were before the appointed
day against the Foundation as if instead of Foundation the Bait-ul-Mal had been
a party thereto.
(3) All suits, appeals or other legal
proceedings of whatever nature by or against or relating to the Foundation
which shall be pending on the appointed day in any Court, Tribunal or other
authority shall be continued, prosecuted and in force in the same manner and to
the same would have been continued, prosecuted or enforced, by Foundation as if
this Ordinance would not have been promulgated, against the Bait-ul-Mal and the
same shall not abate, be discontinued any way prejudiced or affected by the
provisions of this Ordinance.
4. Transfer etc., of employees of
the Foundation.__(1) Notwithstanding anything contained in any law or
terms and conditions of service, agreement, contracts or other instrument,
every person employed in, or under, the Foundation immediately before the
appointed day including persons on deputation to other organizations shall
stand transferred to and become an employee of, the Bait-ul-Mal on the same
terms and conditions, including remuneration, tenure of service, rights and
privileges as to pension and gratuity and other matters as we're applicable to
him immediately before the appointed day, until his employment in the
Bait-ul-Mal is terminated in accordance with his condition of service or his
terms and conditions as are altered, by regulation, which shall not be less
favourable than those by which was governed immediately before his transfer to
the Bait-ul-Mal.
(2) Any person referred to in
sub-section (1) who is on deputation with the Foundation shall continue in the
employment of Bait-ul-Mal on deputation in accordance with the terms of his
deputation:---
Provided that if, within three months
from the commencement of this Ordinance, he opts to be transferred to the
service of Bait-ul-Mal on the terms and conditions referred to in sub-section (1)
he shall stand so transferred.
(3) Any person referred to in
sub-section (1), may, within three months, from the commencement of this
Ordinance, opt not to be transferred to the service of Bait-ul-Mal and the
option so exercised shall be final.
(4) The service of an employee who opts
under sub-section (3) not to be transferred to the Bait-ul-Mal shall stand
terminated on the day on which his option is accepted by the Bait-ul-Mal and he
shall be entitled to be paid by the Bail-ul-Mal compensation equal to three
months remuneration.
Explanation.__ The compensation payable to an employee in this
subsection shall be in addition to and not in derogation of his right as to
pension, gratuity, provident fund money or other benefit to which he may be
entitled under his conditions of service.
(5) The terms of service of an employee
under sub-section (4) shall be deemed to be discharged from service owing to
abolition of a permanent post for the purpose of admissibility to
compensation/pension.
(6) No person referred to in
sub-section (1) who stands transferred to Bait-ul-Mal shall, notwithstanding
anything contained in any law, contract, agreement, or terms of conditions of
service, be entitled to compensation because of his transfer.
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