Updated: Tuesday December 24, 2013/AthThulatha
Safar 21, 1435/Mangalavara
Pausa 03, 1935, at 03:19:46 PM
[1][1]The [2][2][
(W.P. Ordinance V of 1960)
[
An
Ordinance to provide for the raising of funds for the repair, maintenance and
endowment of mosques [4][4][and
shrines] of historical importance in [5][5][the
Preamble.— WHEREAS it is expedient to provide for the
raising of fund for the repair, maintenance and endowment of mosques [6][6][and shrines] of historical importance in [7][7][the
Now,
THEREFORE, in pursuance of the Presidential Proclamation of the seventh day of
October, 1958, and in exercise of all powers enabling him in that behalf, the
Governor of West Pakistan is pleased to make and promulgate the following
Ordinance:-
1. Short
title and extent.— (1) This Ordinance may be called [8][8][the
[10][10][(2) It
extends to the whole of the province of [11][11][the
2. Definitions.— In this Ordinance, unless the context
otherwise requires, the following expressions shall have the meanings hereby
respectively assigned to them, that is to say—
(a) “cess” means the cess
imposed by this Ordinance;
(b) “Government” means the [12][12][Provincial Government of the
(c) “historical mosque” means
a mosque which, on account of its ancient and historical features, is notified
as such by Government;
[13][13][(cc) “historical shrine” means a shrine which on
account of its ancient and historical features, is notified as such by
Government;]
(d) “land revenue” means the
land revenue assessed under the provisions of any law regulating the assessment
of land revenue, for the time being in force;
(e) “prescribed” means
prescribed by rules made under this Ordinance;
(f) “urban immovable property
tax” means the tax levied under the [14][14][
3. Cess.— (1) A cess shall, subject to the provisions
of this section, be levied upon land revenue, or urban immovable property tax,
or both, payable by a Muslim.
(2) The cess shall be payable by the person
liable to pay the land revenue or the urban immovable property tax, as the case
may be.
(3) The cess
shall be levied at the rate of three pies on each rupee or part of a rupee of
the land revenue or urban immovable property tax.
(4) The cess shall be leviable for [16][16][eleven] years commencing on and from—
(i) Rabi,
1960, in the case of land revenue; and
(ii)
4. Method of collection and recovery of
cess.— The cess shall be
collected and recovered in the manner prescribed from time to time for the
collection and recovery of the land revenue or the urban immovable property
tax, as the case may be.
5. Historical
mosques fund.— (1) There shall be a fund to be known as the Historical Mosques [17][17][and Shrines] Fund (hereinafter called the
“Fund”).
(2) The Fund shall consist of—
(i) the
proceeds of the cess, after deduction of such expenses of collection and
recovery, as may be directed by Government to be deducted;
(ii) grants,
if any, made by Government; and
(iii) Any donations made to
the Fund.
(3) The Fund shall be under the control of,
and operated upon by such authority and shall be kept in such custody as may be
prescribed.
(4) The Fund shall be applied to meet—
(i) payment
of salaries and other remuneration of officers and servants employed under this
Ordinance;
(ii) the
expenditure on repair, maintenance and endowment of historical mosques [18][18][and shrines]; and
(iii) any other expenditure
for the purposes of this Ordinance.
6. Rules.— (1) Government may make rules[19][19] for carrying into effect all or any
provisions of this Ordinance.
(2) In particular, and without prejudice to
the generality of the foregoing power, such rules may prescribe,---
(a) the manner in which the
schemes for the repair, maintenance and endowment of historical mosque [20][20][and shrines] may be prepared;
(b) the agency or agencies through which the works
shall be executed;
(c) the manner in which the Fund shall be
utilised;
(d) the authority by which and the manner in which
the accounts shall be kept and audited;
(e) the
authority by which and the manner in which the Fund shall be operated upon and
the custody in which it shall be kept.
[1][1]This Ordinance was
promulgated by the Governor of West Pakistan on 23rd Feb., 1960; published in
the West Pakistan Gazette (Extraordinary), dated 24th Feb., 1960, pages
1287-89; saved and given permanent effect by Article 225 of the Constitution of
the Islamic Republic of Pakistan (1962).
[2][2]Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “
[3][3]Inserted by the
[4][4]Ibid.
[5][5]Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “
[6][6]Inserted by the
[7][7]Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “
[8][8]Ibid.
[9][9]Inserted by the
[10][10]Substituted
by the West Pakistan Laws (Extension to
[11][11]Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “
[12][12]Substituted ibid., for “Government of West
Pakistan”.
[13][13]Inserted by the
[14][14]Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “
[15][15]
[16][16]Substituted, for “[ten]” by
West Pakistan Ordinance XLVIII of 1969. The word in crotchets was earlier
subs., for “five” by West Pakistan Ordinance XVI of 1964.
[17][17]Inserted by the
[18][18]Ibid.
[19][19]For the West Pakistan
Historical Mosques Fund Cess Rules, 1962, see
Gazette of West Pakistan, 1962, Extraordinary, page 3829.
[20][20]Inserted by the
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