Ordinance IV of 1979 · 12 pages
PDF viewer not loading? Download the PDF directly or view on Pakistan Code.
THE PUNJAB WAQF PROPERTIES ORDINANCE, 1979
(Ordinance IV of 1979)
CONTENTS
SECTION HEADING
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 properties.
7. Chief Administrator may take over waqf property by notification.
7-A. Provision of miscellaneous information.
8. Eviction of persons wrongfully in possession of waqf properties.
8-A. Lease of waqf property and use of derived income.
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. 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 for returns, etc. and may issue instructions and
directions in respect of waqf property.
20-A. Provision of information to authorities.
20-B. Provision of information to reporting entities.
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
THE PUNJAB WAQF PROPERTIES ORDINANCE, 1979
(Ordinance IV of 1979)
[14 April 1979]
An Ordinance to provide for the proper management and
administration of waqf properties in the Province of the Punjab.
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, 1977 (C.M.L.A's Order I 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. 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;
2
[(a-i) “authorities” means an ‘investigating or prosecuting agency’ and the
‘Financial Monitoring Unit’ as defined in the Anti-Money Laundering Act,
2010 (VII of 2010);
(a-ii) “beneficial owner” means a natural person who owns or controls a waqf
property, whether directly or indirectly or by exercising effective control of
that waqf property through such other means, as may be prescribed;
(a-iii) “beneficiary” means a person who gets any benefit from the waqf property or
whose name is listed in the waqf document as beneficiary of such property;]
3[(b) “Chief Administrator” means the Chief Administrator of Auqaf, Punjab as
provided in section 3 of this Ordinance;]
4[(b-i) “Collector” means the Chief Officer-in-charge of the revenue administration
of the district as define in the Punjab General Clauses Act, 1956 (VI of 1956);]
(c) “Government” means the Government of the Punjab;
5[(c-i) “investigating or prosecuting agency” means the investigating or prosecuting
agency as defined in the Anti-Money Laundering Act, 2010 (VII of 2010);
(c-ii) “Manager” means a person appointed by the Chief Administrator for the
administration, control, management and maintenance of a waqf property;]
(d) “prescribed” means prescribed by rules made under this Ordinance;
6[(d-i) “reporting entity” means a person or entity as defined in the Anti-Money
Laundering Act, 2010 (VII of 2010);]
1
This Ordinance was promulgated by the Governor of the Punjab on 11th April, 1979; and, was published in the Punjab Gazette
(Extraordinary), dated 14th April, 1979, pages 521-A to 521-K.
2
Inserted by the Punjab Waqf Properties (Amendment) Act 2020 (XX of 2020).
3
Substituted by the Punjab Waqf Properties (Amendment) Act 2026 (XIX of 2026) for the following:
“(b) “Chief Administrator” means the Chief Administrator of Auqaf, Punjab;”.
4
Inserted by the Punjab Waqf Properties (Amendment) Act 2020 (XX of 2020).
5
Inserted by the Punjab Waqf Properties (Amendment) Act 2026 (XIX of 2020).
6
Inserted by the Punjab Waqf Properties (Amendment) Act 2020 (XX of 2020).
74 The Punjab Laws
(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 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, 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. 1[Chief Administrator].– (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.– 2[(1) Secretary to the
Government, Auqaf and Religious Affairs Department shall be the Chief Administrator, and
the Government may by an order, vest in him the waqf properties situated in the Province of
the Punjab including all rights, assets, debts, liabilities and obligations relating thereto.]
1
Substituted for the words “Appointment of Chief Administrator of Auqaf” by the Punjab Waqf Properties (Amendment) Act 2026 (XIX of 2026).
2
Substituted by the Punjab Waqf Properties (Amendment) Act 2020 (XX of 2020) for the following:
“(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:
Provided that no person all be appointed as Deputy Administrator unless he is a Muslim.”
Substituted again by the Punjab Waqf Properties (Amendment) Act 2026 (XIX of 2026) for the following:
“(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, on such terms and conditions as may be prescribed, and an 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 while discharging such duties or exercising such powers shall have
the same privileges and be subject to the same liabilities as the Chief Administrator:
Provided that Government may assign duties of the Deputy Administrator to the Assistant Commissioner (Headquarter) of each District to
perform the functions of Deputy Administrator:
Provided further that no person all be appointed as Deputy Administrator unless he is a Muslim.”.
The Punjab Waqf Properties Ordinance 1979 (IV of 1979) 75
1
[(2) No person shall be the Chief Administrator unless he is a Muslim.]
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:
2
[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).
3
[6. Registration of waqf properties.− (1) Every person creating a waqf or every Manager
shall get the waqf property registered with the Chief Administrator within ninety days of the
creation of the waqf in such manner as may be prescribed.
(2) Any person creating a waqf or any Manager who does not get the waqf property
registered with the Chief Administrator under subsection (1) within the stipulated period,
shall be punished with fine of rupees fifty thousand for each day for the first ninety days after
expiry of such stipulated period and thereafter with a fine of rupees one hundred thousand for
each day.
(3) The Collector in respect of his respective district shall furnish, in the prescribed
manner, a consolidated annual report of all waqf properties recorded as waqf during the year
to the Chief Administrator.
(4) Every person creating a waqf or every Manager shall maintain and update the record
concerning the waqf property and provide to the Chief Administrator on demand, and shall
report any change in the waqf property to the Chief Administrator in such manner 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:
1
Substituted by the Punjab Waqf Properties (Amendment) Act 2026 (XIX of 2026) for the following:
“(2) The Administrator or Deputy Administrator appointed under sub-section (1) shall be under the administrative control of the
Chief Administrator.”.
2
Added by the Punjab Waqf Properties (Amendment) Ordinance, 1984 (XIII of 1984).
3
Substituted by the Punjab Waqf Properties (Amendment) Act 2020 (XX of 2020), for the following:
“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.”
Section 12 of Act XX of 2020 provides:
“12. Extraordinary measure.− Notwithstanding anything contained in this Act and the Ordinance, all existing waqf
properties shall be registered with the Chief Administrator within ninety days of the commencement of this Act in such
manner as may be specified by the Chief Administrator.”
76 The Punjab Laws
[Provided that the notification shall be served upon the management or the mutawalli and
1
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.
[(3) The Chief Administrator shall maintain a centralized record of all properties
2
registered under section 6 and taken over under subsection (1) in such manner as may be
prescribed, and until so prescribed as may be determined by the Government; and at the end
of each financial year shall submit a report to this effect to the Government.]
3
[7-A. Provision of miscellaneous information.− Before entering into a business
relationship or carrying out any occasional transaction with a reporting entity, any person
creating a waqf or any Manager shall disclose his status as such to the reporting entity.]
4
[8. Eviction of persons wrongfully in possession of waqf properties.− (1) If any person is
in occupation of, or enters upon, or is using any immovable waqf property to the occupation
or use of which he is not, or has ceased to be, entitled by virtue of any provision of this
Ordinance, the Chief Administrator or any other person authorized by him may, with the
assistance of the district administration or an investigating or prosecuting agency, after giving
such person a reasonable opportunity of showing cause against the action proposed to be
taken, shall get it evicted with use of such force as may be necessary.
(2) Any crop standing, or a building, or other structure erected on a waqf property in
respect of which action is taken under subsection (1) shall stand forfeited to the Chief
Administrator.]
5
[8-A. Lease of waqf property and use of derived income.- The Chief Administrator may
lease out the waqf property taken over under section 7 for such period as may be prescribed,
and the income derived from such property shall be used for any purpose recognized by Islam
as religious, pious and charitable as the Chief Administrator may deem fit.]
6
[9. Power to terminate a lease or resume a tenancy for breach of conditions.− (1) If the
Administrator is satisfied that the lessee or the tenant of any immovable waqf property has
1
Added by the Punjab Waqf Properties (Amendment) Ordinance, 1984 (XIII of 1984).
2
Inserted by the Punjab Waqf Properties (Amendment) Act 2020 (XX of 2020).
3
Inserted by the Punjab Waqf Properties (Amendment) Act 2020 (XX of 2020).
4
Substituted by the Punjab Waqf Properties (Amendment) Act 2020 (XX of 2020), for the following:
“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.”
5
Inserted by the Punjab Waqf Properties (Amendment) Act 2020 (XX of 2020).
6
Substituted by the Punjab Waqf Properties (Amendment) Act 2020 (XX of 2020), for the following:
“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
The Punjab Waqf Properties Ordinance 1979 (IV of 1979) 77
committed a breach, of the conditions of lease or tenancy, the Administrator may give to such
lessee or tenant a notice to appear before the Administrator and state his objections, if any,
before an order for the termination of lease or resumption of the tenancy is made.
(2) The lessee or the tenant to whom a notice is given under subsection (1) may undertake
in writing to the Administrator that the breach of the conditions of the lease or tenancy
specified in such notice is likely to be rectified and he shall rectify such breach.
(3) If the Administrator is satisfied that the breach is likely to be rectified, he shall allow
to the lessee or the tenant, as the case may be, a period not less than thirty days or more than
sixty days to rectify such breach, and may make an order terminating the lease or resuming
the tenancy if the lessee or the tenant fails to rectify the breach within the stipulated time.
(4) Where an order terminating the lease or resuming the tenancy has been made under
subsection (3), the Administrator may forthwith resume the possession of a waqf property,
subject to the payment of compensation to be fixed by the Administrator for standing and un-
gathered crops or for the improvements of the waqf property, if any, that have been made by
the lessee or the tenant under the terms of the lease or the tenancy or made with the
permission of the Administrator.
(5) If a lease or tenancy of a waqf property is terminated or resumed and is allotted to any
other person, the amount of the compensation, if any, paid to the outgoing lessee or tenant
under sub-section (4) may be recovered from such person to whom such property is allotted.]
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
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.”
78 The Punjab Laws
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, 1[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
1
Added by the Punjab Waqf Properties (Amendment) Ordinance, 1984 (XIII of 1984).
The Punjab Waqf Properties Ordinance 1979 (IV of 1979) 79
(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:
1
[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
1
Added by the Punjab Waqf Properties (Amendment) Ordinance, 1984 (XIII of 1984).
80 The Punjab Laws
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.
1
[20-A. Provision of information to authorities.− (1) The Chief Administrator shall provide
such information about waqf properties to the authorities in such manner as may be
prescribed or as may be required by the authorities.
(2) A Manager shall provide the following information to the authorities for the purposes
of domestic and international cooperation from time to time in such manner as may be
prescribed:
(a) beneficial ownership of waqf property;
(b) the residences of the staff who have control over the waqf properties;
(c) any assets held or managed by a reporting entity in relation to waqf property;
or
(d) any other information ancillary to the above.
20-B. Provision of information to reporting entities.− (1) The Chief Administrator shall
provide upon request to the reporting entity information about the beneficial ownership and
assets of the waqf in the prescribed manner.
(2) The reporting entity may obtain information from a Manager including the beneficial
ownership, details of waqf assets and details of beneficiaries or such other information as
may be prescribed.]
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
1
Inserted by the Punjab Waqf Properties (Amendment) Act 2020 (XX of 2020).
The Punjab Waqf Properties Ordinance 1979 (IV of 1979) 81
(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.
1
[(2) Any person who wilfully contravenes any of the provisions of section 20 shall be
punished with imprisonment which may extend to five years but shall not be less than one
year and shall also be liable to fine which may extend to three times of the amount of income
derived from the waqf property but which shall not be less than the benefits derived from the
waqf property]
2
[(3) Any person who intentionally fails to comply with the provisions of section 6 or
intentionally conceals any information or provides incomplete or incorrect information to the
Chief Administrator as required under this Ordinance, shall be punished with imprisonment
which may extend to five years or with fine to pay such amount as may be calculated by the
concerned Collector or any other authority duly authorized by the Chief Administrator to do
so for the period of factum of waqf property or with both.
(4) The offences punishable under this Ordinance shall triable by a Court of Session.
(5) For contravention of any provision of this Ordinance for which no penalty is
provided, shall be punished with fine which may extend to rupees twenty five million.]
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 Punjab;
(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
1
Substituted by the Punjab Waqf Properties (Amendment) Act 2020 (XX of 2020), for the following:
“(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.”
2
Inserted by the Punjab Waqf Properties (Amendment) Act 2020 (XX of 2020).
82 The Punjab Laws
(k) to appoint advisory committee consisting of public representatives, Ulema 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.
Source: Pakistan Code, Ministry of Law and Justice (pakistancode.gov.pk). Text on this page is reproduced verbatim from the official PDF and is provided for reference only. For the authoritative version, always consult the source document or a current reported edition.
LexForm advocates handle matters under Punjab Waqf Properties Ordinance across Pakistan, the UK, the EU, and the US.