20

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 20. Power of supersession and removal.--(1) If the Provincial Council, in the case of a District Committee and the District Committee in the case of a Local Committee is of the opinion that a Committee constituted under this Ordinance -- (a) is unable to discharge or persistently fails in discharging its duties; or (b) is unable to administer its affairs; or (c) acts in a manner contrary to public interest; or (d) otherwise exceeds or abuses its powers; or (e) has a majority of members who are not pious Muslims or who are engaged in political activity-- the Provincial Council or, as the case may he, the District Committee may, by a notification, declare the concerned Committee to be superseded for such period not exceeding one year as may be specified in the notification: Provided that the period of supersession may, if the Provincial Council or the District Committee considers it necessary to do so, be extended, beyond a period of one year. (2) When a declaration is made under subsection (1) in respect of a Committee,-- (a) the persons holding office as Chairman and members of the Committee to which the resolution relates shall cease to hold office; (b) all functions of the District Committee shall, during the period of supersession, be performed by an Administrator appointed by the Provincial Council and in the case of Local Committee such functions shall be performed by the Administrator appointed by the District Committee; and (c) before the expiry of the period of supersession, elections shall be held and selection or nomination made in accordance with the provisions of this Ordinance to reconstitute the Committee. (3) If Provincial Council, in the case of District Committee, and the District Committee in the case of Local Committee, is of the opinion that the Chairman or a member of a Committee constituted under this Ordinance -- (a) was at the time of his selection, election or nomination - (i) not a pious Muslim; (ii) not an adult; (iii) not a resident of the area within the jurisdiction of the Committee; (iv) an en-discharged insolvent; (v) not of sound mind; (vi) engaged in political activity; or (b) has been, during the period of three years preceding the date of his selection, election of nomination - (i) ordered to execute a bond under sections 108, 109 or 110 of the Code of Criminal Procedure,. 1898 (Act V of 1898); or (ii) convicted for an offence involving moral turpitude; or (iii) declared Goonda under the law relating to the control of Goondas; (c) has, after his selection, election or nomination, incurred any of the disqualification referred to in sub-clauses (i), (iii),. (iv), (v), or (vi) of clause (a), or sub-clauses (i), (ii), or (iii) of clause (b); (d) has, without reasonable excuse, absented himself from three consecutive meetings of the Committee; (e) has been guilty of abuse of power or of misconduct in the discharge of his duties as Chairman or member, or been responsible for any loss or misapplication, misappropriation, or misuse of any money or property of the Committee; or (f) has become physically disabled or unable on any count from performing functions as Chairman or member; the Provincial Council in the case of District Committee, and the District Committee, in the case of Local Committee may, by a resolution, remove such Chairman or member from office. (4) If, after such inquiry as may be considered necessary, the Provincial Council, in the case of a District Committee, or the District Committee in the case of a Local Committee, is of the opinion that the Chairman or a member of Committee or an employee assigned to work with a Committee or an institution receiving Zakat Fund under this Ordinance, was guilty of misconduct in the discharge of his duties, or is - fesponsible for the loss, misapplication or misuse of Zakat Funds, the Provincial Council or, as the case may be, the District Committee shall initiate criminal proceeding against such Chairman, member,, person or institution. Explanation.---For the purpose of clause (e) of subsection (3) and subsection (4), the expression "misconduct" means bribery, corruption, jobbery, favouritism, nepotism, wilful maladministration or wilful diversion of funds and shall include and attempt or abetment of such misconduct. (5) When the Chairman or member of a Committee is removed from, or otherwise ceases to hold office, the vacancy in the office of such Chairman or member shall be filled. within such time as the Provincial Council may determine by the election, selection or nomination, as the case may be, in accordance with the provisions of this Ordinance of a person qualified to hold the office.. (6) The Chairman or member elected, selected or nominated under subsection shall hold office for the un-expired term of his predecessor.. (7) The Provincial Council may delegate to the Chief Administrator all or any of its powers and functions under the preceding provisions of this section in respect of a District Committee or a Local Committee. (8) The Chairman or a member of a Committee superseded under subsection (1) or a Chairman or member removed from office under subsection (3) may, within such time and in such form and manner, as may be prescribed, apply to the Provincial Council for a review of its decision and the decision of the Provincial Council in such review given after, after giving to the applicant an opportunity of being heard, shall be final and snail not be called in question before any Court or other authority.