Waqf Property Management Law

The Sindh Waqf Properties Ordinance, 1979   The Sindh Civil Servants (Probation, Confirmation, and Seniority) Rules, 1975, are a set of regulations applicable in the province of Sindh, Pakistan. These rules govern the procedures and processes related to the probationary period, confirmation of civil servants, and the determination of seniority among civil servants in the provincial government.   CONTENTS 1 Short title and commencement. 2 Definitions. 3 Appointment of Chief Administrator of Auqaf. 4 Appointment of Administrator and Deputy Administrator. 5 General appointments. 5-A Administrators, Deputy Administrators and officers to be Muslims. 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 72 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 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 of 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 Sindh Waqf Properties Ordinance, 1979   IX OF 1979 17th April, 1979 An Ordinance to provide or the proper management and administration of Waqf Properties in the Province of Sindh Preamble. : — Whereas it is expedient to provide for the proper management and administration of Waqf properties in the Province of Sindh, in the manner hereinafter appearing ; Now, therefore, in pursuance of the Proclamation of the fifth day of July, 1977 and the Laws (Continuance in Force) Order, 1977, the Governor of Sindh is pleased to make and promulgate the following Ordinance: – 1. Short title and commencement. : — (1) This Ordinance may be called the Sindh Waqf Properties Ordinance, 1979. (2) it extends to the whole of the Province of Sindh. (3) It shall come into force from such date as may be notified by Government. 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 section 4; (b) ‘Chief Administrator’ means the Chief Administrator of Auqaf appointed under section 3; (c) ‘Government’ means the Government of Sindh; (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 Waqf such as is described in Section 3 of the Musalman Waqf Validating Act, 1913 (VI of 1913), under which any benefit is for the time being claimable far 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 in spite of there being no evidence of express dedication, such property shall be deemed to be Waqf property. Explanation 2. : —  Any property allotted in lieu or in exchange of Waqf property left in India shall be deemed to be Waqf property. Explanation 3. : — Any property 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 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. : — (l) Government shall appoint a Chief Administrator of Auqaf for Sindh and may be 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 a Muslim and possesses such qualifications as may be prescribed. (3) The Chief Administrator shall be a corporation sole by the name of the Chief Administrator of Auqaf, Sindh, and shall have prepetaul 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 Administrator and Deputy Administrator. : — (1) Government may appoint an Administrator for any area and a Deputy Administrator for any District 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