P L D 1965 (W (PLP)

"Charitable purpose includes relief of the poor and orphan as amended by Act II of 1951, education, worship, medical relief, shrine or the advancement of any other object of charitable, religious or pious nature or of general public utility but not a private Wakf."

7. A reference was made to Part 5 of these rules dealing with the delegation of powers which lays down that subject to the provisions of this Act and ‑the rules made thereunder, the powers specified in column 2 of Schedule (in Appendix) shall be exercised by the officers mentioned against each in column 3 to the extent referred to in column 4 thereof. The powers delegated are set forth in clause (2) of the Schedule and at Serial No. 14 of the Schedule is given the nature of powers of delegation, which is as under:‑ Serial Nature of power To whom Extent No. delegated delegated 4 Powers to decide whether Administrator Full certain property should be powers. taken in the charge of the Department of Charitable Institutions for its control and management and operate upon its income and expenditure. Relying upon these rules, the learned Additional Advocate General submitted that the "power to decide" where certain property should be taken in charge of the Department of the Charitable Institutions for its control and management and operate from its income and expenditure, is delegated to the Administrator as shown in column 3 of the Schedule, which is as under:‑ Serial Nature of power To whom Extent No. delegated delegated 3 Powers to sanction contracts Administrator. Up to Rs. 200 and sign all final and in each case. running bills of repairs. Column 4 of the Schedule deals with the extent of the powers delegated, which is in the following terms:‑ Serial Nature of power To whom Extent No. delegated delegated 4 Power to sanction the lease Administrator Full of Waqf properties for a powers. period not exceeding 3 years. The learned Additional Advocate‑General concluded that the Administrator is the Head of the Department and the rules have made him the sole judge to decide whether certain properties are waqf under section 3 and to be taken over, and thus he was the proper authority to authenticate the orders issued under the name of the Provincial Government. Rule 7(2) of the Rules of Business framed under section 59 of the Government of India Act, 1935, for the conduct of business of the Provincial Government of the N.‑W. F. P., is in the following terms: "The following officers may authenticate by signature all orders and other instruments made and executed in the name of the Governor:‑ (i) Secretary. (ii) Joint Secretary. (iii) Deputy Secretary. (iv) Under Secretary, or (v) Assistant Secretary, in the Department concerned: Provided that in certain cases an officer may be so authorised for a particular occasion by order of the Governor." From the above‑mentioned rules, it is obvious that the order of the Provincial Government can be authenticated by Secretary, Joint, Deputy, Under or Assistant Secretary in the Department concerned. Mr. Pir Muhammad Khan Administrator, Auqaf, was neither Secretary, nor Joint Secretary nor Deputy nor Assistant Secretary, and therefore, under the Rules of Business, he was not authorised as the person who could authenticate by signature all orders etc. made and executed in the name of the Governor. The word "Administrator", as an authority to authenticate such orders is missing from these rules. The learned Additional Advocate‑General was unable to produce any rule showing that the Administrator of Charitable Institutions Department had the authority to authenticate the orders of the Government. In view of these facts, I am of the opinion that Notification No. 1087/C. 1 dated the 17th of April 1953 relating to the taking over and declaring the property in suit to be waqf, signed by Mr. Pir Muhammad Khan for the Secretary, Government, N.W.F.P. Home Department and Department of Charitable Institutions, N.‑W. F. P. is ultra vires, because it is neither the order of the Governor nor has it been expressed in his name and issued on his behalf by a competent Secretary. I, therefore, accept this appeal, set aside the judgment of the Administrator, Charitable Institutions, Peshawar, dated 28‑1‑58 and cancel Notification No. 1087/C‑1 dated 17‑4‑

53. The respondents to bear the appellant's costs throughout. K. B. A. Appeal accepted.