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ORDINANCE I OF 2011 ORDINANCE I OF 2011 BALOCHISTAN ZAKAT AND USHR ORDINANCE, 2011 An Ordinance to make provisions relating to the assessment, collection and disbursement of Zakat and Ushr [Gazette of Balochistan, Extraordinary, 22th April, 2011] No. Legis.1-52/Law/79-Vol-II/4371-72, dated 26-4-2011.---The following Ordinance made by the Governor of Balochistan on 22nd April, 2011 is hereby published for general information:-- Whereas it is necessary to make provisions relating to the assessment, collection and disbursement of Zakat and Ushr and matters connected therewith or incidental thereto. And Whereas Zakat, including Ushr, is one of the fundamental pillars (Arkan) of Islam; and prime objective, of the collection of Zakat and Ushr, and disbursements therefrom, is to assist the needy, the indigent and the poor; And whereas the rates of Zakat and Ushr, as also the purposes for the utilization of Zakat and Ushr, are specified in Shariah; And whereas Shariah enjoins all Muslims who are Sahib-e-Nisab to pay, and the State to arrange for the proper collection, disbursement and utilization of Zakat and Ushr, and also allows such Muslims to disburse for the purposes authorized by Shariah the part thereof not collected by the State; And whereas the Provincial Assembly of Balochistan is not in session and the Governor is satisfied that circumstances exist which render it necessary to take immediate action; Now, therefore, in exercise of the powers conferred by Article 128(1) of the Constitution of the Islamic Republic of Pakistan, 1973, the Governor is pleased to make and promulgate the following Ordinance:-- CHAPTER-IV ZAKAT FUNDS 15. Tehsil, Sub-divisional Zakat and Ushr Committee or Town Zakat and Ushr Committee.--(!) There shall be constituted a Tehsil Zakat and Ushr Committee in each Tehsil or Taluka: Provided that, if the Provincial Council so directs in respect of any sub-Tehsil, a Tehsil Zakat and. Ushr Committee may be constituted in the Sub-Tehsil and , where a committee is constituted in a sub-Tehsil such committee and such sub-Teshil shall be deemed to be a Tehsil Zakat and Ushr Committee and a Tehsil, respectively, for the purposes of this Ordinance. (2) The Tehsil Committee or Sub-divisional Committee shall subject to such guidelines as may be given by the Provincial Council, the Provincial Council or the District Committee--- (a) oversee assessment of Ushr and collection of Zakat, Ushr and Atiyyat, and the disbursement and utilization of the moneys in the Local Zakat Funds, by the Local Committee in the Tehsil or sub-division; (b) for the purposes mentioned in clause (a), make plans for the Tehsil or sub-division, as the case may be, in such form and manner as may be prescribed; (c) compile accounts of the Local Zakat Fund for the Tehsil or sub-division, as the case may be, in such form and manner as may be prescribed; and (d) tender to the District Committee advice on any matter connected with the collection, disbursement or utilization of Zakat or Ushr. (3) The Tehsil Committee or Sub-divisional Committee shall consist of the Deputy District Officer (Revenue), two women members and six members to be elected, in the prescribed manner, by the Chairmen of the Local Committees of the Tehsil, Taluka or sub-division, from amongst themselves: Provided that, if there are more than two Tehsil Committeeswithin the jurisdiction of a Deputy District Officer (Revenue), he shall be a member of only such of the Committees as the Provincial Council may specify and the Provincial, Council may nominate the Tehsildar of the Tehsil concerned, as the case may be, to be the member of any other of the said Tehsil Committee, Committees: Provided further that, the two women members shall be nominated by the District Committee in consultation with the Chairman of the Tehsil or sub-divisional committee concerned, who shall not be less than forty-five years of age. (4) The members of the Committee shall elect one of their members to be the Chairman of the Committee; and, if two or more persons secure equal number of votes, the result of the election shall be determined by drawing'lots. (5) The Tehsil or Sub-Divisional Committee so constituted shall be duly, notified by the District Committee concerned. (6) The Chairman and members of a Tehsil Committee or Sub-Divisional Committee, not being an ex-officio member, shall hold office for a term of three years and shall be eligible for re-election. (7) The Chairman or a member, not being an ex-officio member, may by writing under his hand address to the Tehsil Committee or, as the case may be, or Sub-Divisional Committee, resign his office. (8) Subject to subsection (7), the Chairman or a member shall continue to hold office until his resignation is accepted by the Tehsil Committee or, as the case may be, or Sub-Divisional Committee. (9) Any, vacancy in the office of Chairman or member, other than an ex-officio member, shall be filled by election, in accordance with subsection (3), or, as the case, may be, subsection (4) of a person qualified to hold the office. (10) The Chairman or member elected under subsection (9) shall hold office for the un-expired term of his predecessor.