[1]THE
PUNJAB BAIT-UL-MAL ACT, 1991
(Act VII of 1991)
[30 March 1991 ]
An Act to provide for the
establishment of a
Preamble.– Whereas it is expedient to provide
for the establishment of a charitable fund to be known as the Punjab
Bait-ul-Mal;
It is hereby enacted as follows:-
1. Short
title, extent and commencement.– (1) This Act may be called the Punjab
Bait-ul-Mal Act 1991.
(2) It
extends to the whole of the Punjab .
(3) It
shall come into force at once.
[2][2. Bait-ul-Mal Council.– (1) The Government may by
notification establish a Council to be called the Punjab
Bait-ul-Mal Council and may, at any time, reconstitute it.
(2) The
Council shall be a body corporate with power to acquire and hold property and
shall sue and be sued by the said name.
(3) The
Council shall consist of an Ameen who shall be the head of the Council, and not
more than fourteen official and non-official members [3][including at least four women].
(4) The Government shall nominate the Ameen
and after consultation with the Ameen the Government shall nominate the other
members of the Council.
(5) The non-official members shall be
honorary and in majority and shall be persons who are renowned social workers
or who are eminent in the field of education or health or who are committed to
the cause of public welfare.
(6) Subject
to the provisions of sub-sections (1) and (7), the Ameen and non-official
members shall hold office for a term of three years and shall be eligible for
re-nomination for another term of three years, but no person shall hold office
of Ameen or member for more than two terms.
(7) A
non-official member, including the Ameen may be removed by the Government on
the ground of misconduct.
(8) The
Government may increase or decrease the number of members of the Council.]
3. Functions
of the Council.–
The Council shall administer the Punjab
Bait-ul-Mal and shall perform such other functions in relation to the
Bait-ul-Mal as the Government may assign to it.
4. Punjab
Bait-ul-Mal.–
The Government may establish a fund to be known as the Punjab
Bait-ul-Mal to which shall be credited–
(a) grants from the Government, the Federal
Government, Local Bodies and International Islamic Agencies; and
(b) voluntary donations including Sadqaat, Khairat and Atiat.
5. Utilisation
of the Bait-ul-Mal.–
(1) The Bait-ul-Mal shall be administered by the Council in the manner
prescribed and shall be utilised for the following purposes, namely–
(i) relief and rehabilitation of the poor and the
needy particularly poor widows and orphans;
(ii) educational assistance to the poor and
deserving students;
(iii) medical assistance to the poor;
(iv) charitable purposes;
(v) any
other purpose of public utility particularly where the beneficiaries would be
the disadvantaged sections of the society; and
(vi) any other purpose approved by the Council.
(2) Subject
to the general supervision and control of the Council, the distribution of
Bait-ul-Mal Fund shall be carried out by the District Bait-ul-Mal Committees to
be constituted by the Council for this purpose in such manner as the Council
may determine.
6. Business
of the Council.–
The meetings and the business of the Council shall be conducted in such manner
and in accordance with such procedure as may be prescribed and until such
procedure is prescribed in such manner as the Ameen may direct.
7. Appointment
of Committees.–
(1) The Council may appoint such Committees consisting of such of its members
and for the performance of such functions of the Council as it may deem fit [4][:]
(2) The
Council may, if it considers it necessary, co-opt any person to a Committee.
[6][(3) Members of the District Bait-ul-Mal Committees
shall be persons who are renowned social workers or who are eminent in the
field of education or health or who are committed to the cause of public
welfare.]
8. Staff
of the Council.–
The Council may appoint for the performance of its functions such employees as
it may consider necessary, on such terms and conditions, as may be prescribed.
9. Delegation
of powers.–
The Council may delegate all or any of its powers under this Act to any of its
members either unconditionally or subject to such conditions as it may specify.
10. Accounts and Audit.– (1) The accounts of the Bait-ul-Mal
shall be audited by an Auditor who is a Chartered Accountant within the meaning
of the Chartered Accounts Ordinance 1961 and is appointed by the Council for
the purpose.
(2) The
Council shall produce all books of accounts and documents and furnish such
explanation and information as the Auditor may require for the purposes of
audit.
11. Laying of Annual Report before the
Assembly.–
(1) The Council shall, not later than 15th day of March in each year, prepare
report as to the work done by it during the preceding year ending on the 31st
day of December and submit the report to the Governor.
(2) The
Governor shall cause a copy of the report to be laid before the Provincial
Assembly.
12. Power to make rules.– The Council may make rules for
carrying out the purposes of this Act.
13. Dissolution of the Council.– The Government may, by notification
in the official Gazette, dissolve the Council and make such incidental and
consequential orders as may be necessary for the purpose.
14. Repeal.– The Punjab
Bait-ul-Mal Ordinance 1991 (III of 1991), is hereby repealed.
[1]This Act was
passed by the Punjab Assembly on 18th March, 1991; assented to by the Governor
of the Punjab on 26th March, 1991; and, was published in the Punjab Gazette
(Extraordinary), dated 30th March, 1991, pages 853-855.
[2]Substituted
by the Punjab Bait-ul-Mal (Amendment) Act,
1994 (VII of 1994).
[4]Full stop
replaced by colon by the Punjab Bait-ul-Mal
(Amendment) Act, 1994 (VII of 1994).
[5]Added ibid.
[6]Added by the Punjab Bait-ul-Mal (Amendment) Act, 1994 (VII of 1994).
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