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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 16. Local Zakat and Ushr Committee.--(1) A Local Zakat and Ushr Committee shad he constituted for - ' (a) each revenue estate in settled rural area; (b) each Deh or village in non-settled rural area; and (c) each ward in urban area: Provided that, if in the opinion of the Provincial Council the population of a revenue estate, Deh or village is too large, or too small, to have one local Zakat and Ushr Committee, such revenue estate-, Deh or village may, if too large, be divided into two or more localities, or if too small, grouped with other revenue estate, Deh or village to form one locality, and where a revenue estates, Deh or village is so divided or grouped after the constitution of a local committee that it covers a population of ten thousand persons the Provincial Council may make such consequential orders as may be necessary for the purpose of this Ordinance. Explanation:--In this subsection-- (a) "urban area" means area within the local limits of Municipal Corporation, Municipal Committee Cantonment Board or Town Committee; (b) "rural area" means area other than urban area; (c) "settled rural area" means rural area for which revenue settlement record exists; (d) "non-settled rural area" means rural area other than settled rural area; and (e) "ward" means a distinct and compact locality the population of which does not exceed ten thousand persons approximately. (2) the Local Committee shall, subject to such guidelines as may be given by the Provincial Council and the District Committee, Or the Teshil or Sub-Divisional Committee-- (a) determine Istehqaq separately for-- (i) subsistence allowance; (ii) rehabilitation, either directly or indirectly through Deeni Maddaris, educational, vocational and social welfare institutions; (iii) treatment through public hospitals, charitable institutions and other institutions providing health care; and (iv) any other purpose as may be permitted by Shariah; (b) colleci voluntarily Zakat, Ushr and Atiyyat and deposit the moneys in the District Zakat Fund; (c) prepare and maintain accounts of the Local Zakat Fund in such form and manner as may be prescribed; and (d) tender to the Tehsil, District Committee advice on any matter connected with collection, disbursement and utilization of Zakat, Ushr and Atiyyat. (3) The Locall Committee shall consist of nine members, of whom two shall be Muslim women who are not less than forty-five years of age, selected by the residents of the locality in the manner specified in subsection (4). (4) The District Committee shall constitute a team of three or more persons including at least one 'gazetted Officer, one Aalim-e-Deen and one member of the District Committee to organize a public gathering of the adult Muslims, teachers and Ulema residents of a locality and call upon them to select, in the prescribed manner, seven adult Muslims residing that locality who possess Secondary School Certificate and are known to be pious and who offer five times prayer daily and have sound moral and financial integrity and not engaged in political activity: Provided that a person who is member of a team constituted for the selection of members of a Local Committee shall not be eligible to be a member of such Local Committee, a person who is a salaried employee of Government or of a local authority otherwise than as Pesh Imam of a local mosque or a teacher of a local school, or of a corporation set up, owned or controlled by Government, shall not. be eligible to be member of local committee: Provided further that, where in, a district the number of Local Committees is so large that the members of the District Committees, cannot he put on all the teams constituted for the selection of members of Local Committees in the District, the District Committee, may, at its discretion, nominate any three non-official persons of the district to represent it on the said team: Provided further that the team constituted by the District Committees snail organize a separate gathering of the adult Muslim female residents of the locality and call upon them to select, in the prescribed manner, two Muslim women residing in that locality who are known to be pious and who enjoy their trust to be members of the Local Committee. (5) The members of a Local Committee shall elect one of their members, being a person who possesses Secondary School Certificate and who offers prayer five times during a day regularly and observes the fast through out Ramadhan-ul-Mubarak according to the Injunctions of Islam, to be the Chairman of the Local Committee, and if two or more persons secure an equal number of votes, the result of the election shall be determined by drawing lots. (6) The Local Committee so constituted shall be duly notified by the District Committee concerned.' (7) Any adult Muslim resident of a locality who is aggrieved by the conduct or the result of the proceedings for the selection of the members, or the election of the Chairman, of the Local Committee concerned may prefer an appeal td District Committee: Provided that the District Committee shall not grant any injunction or make any interim order, including a stay order, during the period an appeal is pending. (8) The District Committee to which an appeal under subsection (9) is preferred shall decide the appeal with in such times as may be prescribed; and the decision of the District Committee shall be final and shall not be called in question before any Court or other authority. (9) The Chairman and members of the Local Committee shall hold office for a term of three years and shall be eligible for re-election or re-selection as the case may he: Provided further that the District Committee may, in consultation with the Provincial Council, remove a Chairman or a member of the Local Committee from his office and nominate another person as Chairman or, as the case may be, a member for the un-expired term of his predecessor: Provided also that a Chairman shall not be eligible to hold office for more than two consecutive terms of three years each: Provided further that the District Committee may, in the event of delay in the constitution of the new Local Committee, ask a Local Committee to continue to function for a period not exceeding six months after the expiry of term of its office. (10) The Chairman or a member may, by writing under his hand addressed to the District Committee, resign his office. (11) Subject to subsection (1), the Chairman or, as the case may be, a member shall continue to hold office until his resignation is accepted by the District Committee. (12) Any vacancy in the office of Chairman or member shall be filled. by election or selection of a person qualified to bold the office, in accordance with the provisions of subsection (4) or, as the case may be, subsection (7). (13) The Chairman, or the member elected or selected, as the case may be, under subsection (12), shall hold office for the un-expired term of his predecessor.