Waqf Board Administration

The Punjab Waqf Properties Ordinance, 1979     The Punjab Waqf Properties Ordinance, 1979, is a significant piece of legislation within the Punjab province of Pakistan that governs the administration and management of waqf properties. This ordinance is designed to regulate the establishment, maintenance, and utilization of waqf properties for charitable and religious purposes while ensuring their proper management and protection.     Preamble   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 of 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 scheme for the administrator of waqf property.   16. Sale of waqf property by Chief Administrator and application of proceeds.   17. Use of waqf property and application of income therefrom.   18. Chic/Administrator to maintain accounts.   19. Rents and lease monies 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.     The Punjab Waqf Properties Ordinance, 1979 IV. OF 1979 14th April, 1979 An Ordinance to provide for the proper management and administration of Waqf Properties in the Province of the Punjab No. Legis. 3(4)/79.-The following Ordinance by the Governor of the Punjab is hereby published for general information :- Preamble. -Whereas it is expedient to provide for the proper management and administration of waqf properties in the Province of the Punjab: Now, therefore in pursuance of the Proclamation of fifth day of July, 1977 read with the Laws (Continuance in Force) Order (C.M.L.A. Order 1 of 1977), the Governor of the Punjab is pleased to make and promulgate the following Ordinance :-   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 Punjab. (3)       It shall come into force from the date as may be notified by the Government in the official Gazette.   2. – 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 Punjab; (c)        ‘‘Government’‘ means the Government of the Punjab ; (d)       ‘‘Prescribed’‘ means prescribed by rules made under the 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 waqf such as is described in section 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 related 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 in spite 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 India shall be deemed to be waqf property. 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, dargah or other shrine shall be deemed to be waqf property. Explanation 6.- Relief of the poor and the orphans, 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.-(I) 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 ‘‘solely 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