WAQF PROPERTIES ORDINANCE, 1979

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Department: Auqaf, Hajj, Religious and Minority Affairs Department.
Main Category: Ordinance
Specific Category Name: Waqf
Year 1979
Promulgation Date: 11-04-1979
Details:

THE [1][KHYBER PAKHTUNKHWA] WAQF PROPERTIES ORDINANCE, 1979.


[2][KHYBER PAKHTUNKHWA] ORDINANCE NO. 1. OF 1979. 

[11th April, 1979]

 

CONTENTS

PREAMBLE

SECTIONS:

1.                  Short title and commencement.

2.                  Definitions.

3.                  Appointment of Chief Administrator of Auqaf.

4.                  Appointment of Administrators and Deputy Administrators.

5.                  General appointment.

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 II or the High Court under section 12 to be final.

15.              Chief Administrator to prepare scheme for the administration and development of waqf property.

16.              Sale of waqf property by Chief Administrator and application of proceeds.

17.              Use of waqf property and application of income there from.

18.              Chief Administrator to maintain accounts.

19.              Rent and lease money 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 in consistent 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.


 

THE [3][KHYBER PAKHTUNKHWA] WAQF PROPERTIES ORDINANCE, 1979.


[4][KHYBER PAKHTUNKHWA] ORDINANCE NO. 1. OF 1979. 

[11th April, 1979]

 

AN 
ORDINANCE 


to provide for the proper management and administration of waqf 
properties in the
[5][Khyber Pakhtunkhwa].

 

            WHEREAS it is expedient to provide for the proper management and administration of waqf properties in the [6][Khyber Pakhtunkhwa];

   Preamble

            AND WHEREAS the Governor of the [7][Khyber Pakhtunkhwa], 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. L. A. No. 1 of 1977), and in exercise of all powers enabling him in that behalf, the Governor of the [8][Khyber Pakhtunkhwa]is pleased to make and promulgate the following Ordinance;

 

1.         (1)        This Ordinance may be called the [9][Khyber Pakhtunkhwa] Waqf Properties Ordinance, 1979.

Short title and commencement

(2)         It extends to whole of the [10][Khyber Pakhtunkhwa].

 

(3)               It shall come into force from such date as may be notified by Government in the official Gazette.

 

2.       In this Ordinance, unless the context otherwise requires,

 Definitions

(a)                "Administrator" means an Administrator of Auqaf appointed under section 4;

 

(b)               "Chief Administrator" means the Chief Administrator of Auqaf appointed under Section 3; 

 

(c)                " Government" means the Government of the [11][Khyber Pakhtunkhwa];

 

(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 recognized by Islam as religious, pious or charitable, but does not include property of any waqf such as 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 his family or descendants. 

 

Explanation I.-- 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 II.-- Property allotted in lieu or in exchange of waqf property left in India shall be deemed to be waqf property. 

 

Explanation 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.

 

Explanation 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 deemed to be waqf property. 

 

Explanation V.-- Property permanently dedicated for the purposes of a mosque, takia, khankah, dargah, or other shrine shall be deemed to be waqf property. 

 

Explanation VI.-- 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.