Updated: Tuesday January 29, 2013/AthThulatha
Rabi' Awwal 18, 1434/Mangalavara
Magha 09, 1934, at 07:37:10 PM
The
(Pb.
Ord. IV of 1979)
C O N T E N T S
Sections
1. Short
title, extent and commencement.
2. Definitions.
3. Appointment
of Chief Administrator of Auqaf.
4. Appointment
of Administrators and Deputy Administrators.
5. General
appointments.
6. Registration
of waqf property.
7. Chief
Administrator may take over waqf property by notification.
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 notification.
12. Appeal
against the decision of District court.
13. District
court and High Court not to issue temporary injunction or order.
14. Decision
of the District court under section 11 or the High Court under section 12 to be
final.
15. Chief
Administrator to prepare the scheme for the administration of waqf property.
16.
17. Use
of waqf property and application of income therefrom.
18. Chief
Administrator to maintain accounts.
19. Rents
and lease moneys in respect of waqf property may be recovered as arrears of
land revenue.
20. Chief Administrator
may call for returns, etc. and may issue instructions and directions in respect
of waqf property.
21. Bar
of jurisdiction.
22. Effect
of orders, etc., inconsistent with this Ordinance.
23. Protection
of action taken under this Ordinance.
24. Offences.
25. Power
to frame rules.
26. Continuance
of actions, etc., taken under Act LVI of 1976.
[1][1]The
(Pb. Ord. IV of 1979)
[
An
Ordinance to provide for the proper management and administration of waqf
properties in the Province of the
Preamble.— WHEREAS it is expedient to provide for the
proper management and administration of waqf properties in the Province of the
NOW,
THEREFORE, in pursuance of the Proclamation of fifth day of July, 1977, read
with the Laws (Continuance in Force) Order, 1977 (C.M.L.A's Order I of 1977),
the Governor of the
1. Short title, extent and commencement.— (1) This Ordinance may be called the Punjab
Waqf Properties’ Ordinance, 1979.
(2) It extends to the Province of the
(3) It shall come into force from the date
as may be notified by the Government in the official Gazette.
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) “Administrator” means an Administrator of
Auqaf appointed under the provisions of section 4;
(b) “Chief Administrator” means the Chief
Administrator of Auqaf,
(c) “Government” means the Government of the
(d) “prescribed” means prescribed by rules made
under this Ordinance;
(e) “waqf property” means property of any kind
permanently dedicated by a person professing Islam for any purpose recognised
by Islam as religious, pious or charitable, but does not include property of
any such waqf as is described in section 3 of the Mussalman 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 his
family or descendants.
Explanation 1— If a property has been used from time
immemorial for any purpose recognised by Islam as religious, pious or
charitable, then inspite of there being no evidence of express dedication, such
property shall be deemed to be waqf property.
Explanation 2— Property allotted in lieu or in exchange
of waqf property left in
Explanation 3— 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.
Explanation 4— 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
deemed to be waqf property.
Explanation 5— Property permanently dedicated for the
purposes of a mosque, takia, khankah, dargarh or other shrine shall be deemed
to be waqf property.
Explanation 6— Relief of the poor and the orphan,
education, worship, medical relief, maintenance of shrines 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.
3. Appointment of Chief Administrator of
Auqaf.— (1) Government shall
appoint a Chief Administrator of Auqaf for the Province of the Punjab and may
by order, vest in him, the waqf properties situated in the Province including
all rights, assets, debts, liabilities and obligations relating thereto.
(2) No person shall be appointed as Chief
Administrator unless he is Muslim and possesses such qualifications as may be
prescribed by Government.
(3) The Chief Administrator shall be a
corporation sole by the name of the Chief Administrator of Auqaf, Punjab, and
shall have perpetual succession and an official seal, and may sue and be sued
in his corporate name.
(4) The Chief Administrator shall be subject
to the general control of Government.
4. Appointment of Administrators and
Deputy Administrators.— (1)
Government may appoint an Administrator or Administrators for such area or areas
and Deputy Administrators for such districts as may be specified in the
notification to assist the Chief Administrator and any Administrator or Deputy
Administrator so appointed shall, subject to the general or special orders of
the Chief Administrator, be competent to discharge such duties and exercise
such powers of the Chief Administrator 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 Chief Administrator:
[2][2][Provided that no person all be appointed as
Deputy Administrator unless he is a Muslim].
(2) The Administrator or Deputy
Administrator appointed under sub-section (1) shall be under the administrative
control of the Chief Administrator.
5. General appointments.— (1) The Chief Administrator with the
previous sanction of Government may from time to time determine the number,
designation and grade of the officers and servants whom he considers necessary
to employ for the purpose of this Ordinance and the amount and nature of
salary, fees and allowances to be paid to each such officer and servant:
[3][3][Provided that no person shall be appointed
as an Officer unless he is a Muslim].
(2) All persons employed for the purposes of
this Ordinance shall be deemed to be public servants within the meaning of
section 21 of the Pakistan Penal Code (XLV of 1860).
6. Registration of waqf property.— Every person incharge of or exercising
control over, the management of any waqf property and every person creating a
waqf after the commencement of this Ordinance shall get such waqf property
registered in such manner within such time and with such authority as may be
prescribed.
7. Chief
Administrator may take over waqf property by notification.— (1) Notwithstanding
anything to the contrary contained in section 22 of the Religious Endowments
Act, 1863 (XX of 1863), or any other law for the time being in force, or in any
custom or usage, or in any decree, judgement or order of any court or other
authority, or in any proceedings pending before any court or other authority,
the Chief Administrator may, by notification, 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 Chief Administrator 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 Chief
Administrator:
[4][4][Provided that the notification shall be
served upon the management or the mutawalli and also affixed on some prominent
part of the property which is sought to be taken over].
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 services or ceremonies
(Rasoomat) referred to in sub-section (1) except with the prior permission of
the Chief Administrator and in accordance with such directions as may be given
by him.
8. Eviction
of persons wrongfully in possession of waqf properties.— (1) Any person
unauthorisedly entering upon occupation of any immovable waqf property or using
or occupying any such property to the use or occupation whereof, by reason of
any provisions of this Ordinance or any rule made thereunder, he is not
entitled or has ceased to be entitled may, after being given a reasonable
opportunity of showing cause against such action be summarily evicted by the
Administrator, with the use of such force as may be necessary and crop raised
in such property shall be liable to forfeiture, and any building or other
construction erected thereon shall also, if not removed by such person after
service on him of a notice by the Administrator requiring him to remove such
building or construction within a period of not less than thirty days of the service
on him of such notice, be liable to
summary removal after the expiry of the period specified in the notice.
9. Power to terminate a lease or resume a
tenancy for breach 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, after giving such lessee or tenant an
opportunity to appear and state his objections order the termination of lease
or resumption of tenancy:
Provided that if the breach is capable of rectification
the Administrator shall not order the termination of the lease or resumption of
the tenancy unless he has issued a written notice requiring the lessee or
tenant to rectify the breach within a reasonable time, not being less than
thirty days or more than ninety days to be stated in the notice, and the lessee
or tenant has failed to comply with such notice.
(2) Where an
order terminating the lease or resuming the tenancy has been passed under the provisions
of sub-section (1), 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 Chief
Administrator:
Provided
that if the lease or tenancy be allotted to any other person, the amount of the
compensation, if any, paid to the out-going lessee or tenant may be recovered
from the new lessee or tenant.
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 Chief Administrator and the Chief Administrator 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 an order of termination of
lease or resumption of tenancy made by the Administrator 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 Chief
Administrator in appeal shall be final.
11. Petition to District court against
notification.— (1) Any person
claiming any interest in any waqf property in respect of which a notification
has been issued under section 7 may within thirty days of the publication of
such notification petition the District court within whose jurisdiction the
waqf property or any part thereof is situated for a declaration—
(a) that the property is not waqf property;
(b) that the property is waqf property within
limits stated in the petition:
Provided that notwithstanding anything contained in any
law for the time being in force, or in any custom or usage, or in any decree,
judgement, or order of any court or other authority, or in any proceeding
pending before any court or other authority, no such petition shall lie in
respect of any interest in the income, offerings, subscriptions or articles
referred to in Explanation 4 to clause (c)
of section 2, or the services or ceremonies (Rasoomat) mentioned in section 7.
(2) The
District court may, for reasons to be recorded, refuse to issue any process for
compelling the attendance of any witness for the purpose of examination or the
production of any document or other thing if it considers that it has been made
for the purpose of vexation or delay.
12. Appeal
against the decision of District court.— Any person aggrieved by a decision of the
District court under sub-section (1) of section 11 may, within sixty days of
the order, appeal to the High Court.
13. District court and High Court not to issue
temporary injunction or order.—
Notwithstanding anything to the contrary contained in any other enactment for
the time being in force, the District court or the High Court shall not,
pending disposal of a petition filed under section 11 or an appeal filed under
section 12, have the power to issue temporary injunction or order restraining
the Chief Administrator from taking over or assuming the administration,
control, management and maintenance of property in respect of which a
notification has been issued under section 7.
14. Decision of the District court under section
11 or the High Court under section 12 to be final.— If there is no appeal, the decision of the
District court, or when there is an appeal the decision in appeal shall be
final.
15. Chief Administrator to prepare the scheme
for the administration of waqf property.— (1) The Chief Administrator 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 Chief
Administrator shall give effect to such wishes of the person dedicating as can
be ascertained, and to which effect can be reasonably given.
16. Sale of waqf property by Chief Administrator
and application of proceeds.—
Government may, [5][5][subject to the provisions of subsection (2)
of section 15,] 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, are unable to maintain
themselves; or
(f) to
provide 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 Chief Administrator to do so and
to invest the proceeds in accordance with its directions:
[6][6][Provided that the sale-proceeds shall first
be applied for satisfying the main purpose of the waqf.]
17. Use of waqf property and application of
income therefrom.— Subject
to the provisions of this Ordinance, a waqf property shall be used for the
purpose for which it was dedicated or has been used or for any purpose recognised
by Islam as religious, pious or charitable, as the Chief Administrator may deem
fit.
18. Chief
Administrator to maintain accounts.— (1) The Chief Administrator 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 Chief Administrator and his establishment, in such manner as
may be prescribed.
(2) All
moneys received or realised by the Chief Administrator in respect of properties
under his control and management, shall form and be credited to a fund to be
called Auqaf fund, shall be under the control of, and operated upon by the
Chief Administrator, 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 Chief Administrator shall be audited by such
authority as may be prescribed and the audit report with the comment of the
Chief Administrator shall be laid before the Government.
19. Rents and lease moneys in respect of waqf
property may be recovered as arrears of land revenue.— Any sum due as rent or lease money in
respect of waqf property, the administration whereof has been taken over and
assumed by the Chief Administrator, if not paid within thirty days of its
having become due, may be recovered as arrears of land revenue.
20. Chief Administrator may call for returns,
etc. and may issue instructions and directions in respect of waqf property.— (1) The Chief Administrator 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 or assumed by him
under section 7, to furnish him with any return, statement, statistics or other
information regarding such waqf
property, or a copy of any document relating to such property, and such person
shall comply with such order or direction without any delay.
(2) The Chief
Administrator 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 or assumed by the Chief
Administrator under section 7, such instructions or directions for the
proper administration, control, management and maintenance of such waqf
property as he may deem necessary including directions prohibiting delivery of
sermons, khutbas or lectures which may contain any matter prejudicial to the
sovereignty and integrity of Pakistan or calculated to arouse feeling of hatred
or disaffection amongst various religious sects or groups in the country and
directions prohibiting such person from indulging in party politics through
sermons or lectures, and the person having charge or exercising control over
the management of such property shall comply with such instructions and
directions.
21. Bar of jurisdiction.— Save as expressly provided in this
Ordinance, no civil or revenue court or any other authority, shall have
jurisdiction—
(a) to question the legality of anything done
under this Ordinance by or at the instance of the Chief Administrator; or
(b) in
respect of any matter which the Chief Administrator is empowered by or under
this Ordinance to determine or settle; or
(c) to grant an injunction or other order in
relation to any proceeding before the Chief Administrator under this Ordinance
for anything done or intended to be done by or at the instance of the Chief
Administrator under this Ordinance.
22. Effect of
orders, etc., inconsistent with this Ordinance.— Every order made and
every action taken under this Ordinance shall have effect notwithstanding
anything inconsistent therewith contained in any document, decree or order of
any court, deed, enactment or any instrument having effect by virtue of any
such enactment other than this Ordinance.
23. Protection of action taken under this
Ordinance.— No suit,
prosecution or other legal proceeding shall be instituted against any person
for anything which is in good faith done or intended to be done under this
Ordinance 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 performing any duty conferred or imposed upon it or him by or in
pursuance of this Ordinance or otherwise discharging any lawful function under
this Ordinance; or
(b) any
person who is carrying out the orders of any such authority, officer or person
as aforesaid or who is otherwise acting in accordance with his duty in
pursuance of this Ordinance;
shall be punished 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, instruction or direction issued by the Chief
Administrator under section 20 shall be punished with fine which may extend to
five hundred rupees, and with further fine which may extend to fifty rupees for
every day on which the said disobedience of failure continues after the date of
the first conviction.
25. Power to frame rules.— (1) Government may frame rules for the
purpose of carrying into effect the provisions of this Ordinance.
(2) In particular and without prejudice to
the generality of the foregoing power, Government may frame rules for all any
of the following purposes, namely:-
(a) prescribing the powers and duties of the
officers appointed under this Ordinance;
(b) regulating the delegation
of any powers by the Chief Administrator to 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 for
administration and development of waqf properties shall be prepared;
(e) regulating the conditions of service and
conduct of the persons employed under this Ordinance;
(f) regulating the conduct of litigation by or
against the Chief Administrator;
(g) prescribing the manner in which the accounts
shall be kept;
(h) prescribing the authority for auditing the
accounts maintained by the Chief Administrator;
(i) prescribing the syllabus and curricula for
the proper education and training of Imams and Khatibs and of other employees
of the Auqaf institutions in
(j) prescribing and regulating the standards,
syllabus 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; and
(k) to appoint advisory committee consisting of
public representatives, Ulemas and other experts.
26. Continuance
of actions, etc., taken under Act LVI of 1976.— 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 or notification or order issued under the Auqaf
(Federal Control) Act, 1976 (LVI of 1976) since repealed, shall, so far as it
is not inconsistent with the provisions of this Ordinance, continue in force,
and so far as may be, deemed to have been done, taken, incurred, commenced,
appointed, authorised, conferred, made or issued under this Ordinance.
[1][1]This
Ordinance was promulgated by the Governor of the Punjab on 11th April, 1979;
and, published in the Punjab Gazette (Extraordinary), dated 14th April, 1979,
pages 521-A to 521-K.
[2][2]Added by the
[3][3]Ibid.
[4][4]Added by the
[5][5]Added by the
[6][6]Added by the
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