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ACT III OF 2020 ACT III OF 2020 BALOCHISTAN WAQF PROPERTIES ACT, 2020 An Act to make provisions and to repeal be existing Waqf Properties Ordinance, 1979 [Gazette of Balochistan Extraordinary, 1st September, 2020] No. PAB/Legis;V(02)/2020, dated 1.9.2020.---The Balochistan Waqf Properties Bill, 2020 (Bill No. 02 of 2020),having been passed by the Provincial Assembly of Balochistan on 26th August, 2020 and assented to by the Governor, Balochistan on 31st August, 2020 is hereby published as an Act of the Balochistan Provincial Assembly. WHEREAS to cater for the monitoring an evaluation purposes of the Waqf and to make provisions relating to the proper management and administration of Waqf Properties in Balochistan Province. AND WHEREAS it is expedient to make provisions relating to proper management and administration of waqf properties in the Balochistan or matters incidental thereto; 2. Definitions.---In this Act, unless there is anything repugnant in the subject or context,- (a) "Act" means the Balochistan Waqf Properties Act, 2020; (b) "Administrator" and "Deputy Administrator" means an Administrator of Auqaf and Deputy Administrator of Auqaf appointed under section 4; (c) "beneficial owner" means a natural person who ultimately owns or controls a waqf, whether directly or indirectly, or by exercising effective control of that waqf through other means as may be prescribed; (d) "beneficiary" means any person who gets benefits from the waqf property or whose name is listed in the waqf document as benefiting from the waqf property; (e) "Chief Administrator" and "Deputy Chief Administrator" means the Chief Administrator Auqaf and Deputy Chief Administrator Auqaf appointed under section 3; (f) "competent authorities" means the 'regulators', the 'oversight bodies for Self-Regulatory Bodies (SRB), the "investigating or prosecuting agency" and the "Financial Monitoring Unit" as specified in the Anti-Money Laundering Act, 2010; (g) "Director General" means Director General Balochistan Charities (Registration, Regulation and Facilitation Authority) Act, 2019. (h) "Department" means Department of Religious Affairs, Government of Balochistan. (i) "Deputy Manager Auqaf" means any person or persons who is in charge of the day-to-day management and operations of the Waqf property; (j) "Government" means the Government of Balochistan; (k) "Investigating or Prosecuting Agency" means the Investigating or Prosecuting Agency as specified in the Anti-Money Laundering Act, 2010; (l) "legal person" means any person or entity, other than a natural person, that can do the things that any person can usually do in law such as entering into contracts, sue and be sued, own property, and so on; (m) "natural person" means an individual or individuals; (n) "person" means a natural person or a legal person; (o) "prescribed" means prescribed by rules made under this Act; (p) "reporting entity" shall have the same meaning as defined in the Anti-Money Laundering Act, 2010; (q) "Rules" means rules made under this Act; (r) "waqif" means any person or persons who dedicates the Waqf Property. (s) "waqf property" means property of any kind permanently dedicated by a person professing Islam for any purpose recognized by Islam as religious, pious or charitable, but does not include property of any waqf such as is described in section 3 of the Mussalman Waqf Validating Act, 1913 (Act 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 recognized by Islam as religious, pious or charitable, then in spite of there being no evidence of express dedication, such property shall be deemed to be waqf property. Explanation 2.---Any property allotted in lieu of or in exchange of waqf property left in India shall be deemed to be waqf property. Explanation 3.---Any property of any kind acquired with the sale proceeds or in exchange of or from the income arising out of waqf property or from subscription raised for any purpose recognized 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, Dargah, or other shrine, shall be deemed to be waqf property. Explanation 6.---Relief of the poor and the orphans, education, workshop, 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;