LOCAL AND
THE TEHSIL ZAKAT AND USHR COMMITTEES (CONSTITUTION) RULES,1979
[Gazette
of N.‑W. F. P., Extraordinary, 24th July 1979]
No. PZA‑681/79.‑In
pursuance of the provisions of section 16 of the Zakat and Ushr (Organization)
Ordinance, 1979, at the direction and with the approval of the Central Zakat
Council, the North‑West Frontier Province Zakat Council makes the following
Rules for the constitution of the Local Committees and the Tehsil Committees
within the Province of the North-West Frontier :‑
1. Short title,
application and commencement.‑(1) These rules may be called the Local and the Tehsil Zakat and Ushr
Committees (Constitution) Rules, 1979.
(2) These shall apply to
the constitution of all the Local Committees and the Tehsil Committees in the
Province.
(3) These shall come
into force at once.
2. Definitions.‑In
these rules, unless there is anything repugnant in the subject or
context,‑
(a) "adult" means a. person who is major
as defined in section 3 of the Majority Act, 1875 (No. IV of 1875) that is, of
the age of 18 years or above ;
(b) "appointed place" means the
place/venue fixed by the District Committee under sub‑rule (1) of rule
5 for the selection of members or for the election of the Chairman of a Local
Committee ;
(c) "appointed
time" means the date and time fixed by the District Committee under sub‑rule
(1) of rule 5 for the selection of members or for the election of the Chairman
of a Local Committee ;
(d) "Chairman"
means the Chairman of a Local Committee ;
(e) "Convener" means the Convener of a
Team nominated under sub‑rule (2) of rule 4 ;
(f) "election"
means election of the Chairman of a Local Committee ;
(g) "gathering" means the gathering of
adult Muslim residents of the locality, present at the appointed place and
appointed time ;
(h) "member"
means a member of a Local Committee ;
(i)
"Ordinance" means the Zakat and Ushr (Organization) Ordinance, 1979
;
(j)
"publicity" means publicity through all possible means like the beat
of drum, use of laud-speaker, putting up notices at prominent public places,
etc.;
(k) "selection" means selection of a
member of a Local Committee ; and
(1) "Team"
means a team constituted under sub‑rule (1) of rule 4.
3. Delimitation of Localities.‑The District Committee shall delimit
clearly and unambiguously the localities in the district and shall give widest
possible publicity to such delimitation, amongst the adult Muslim residents of
the localities concerned.
4. Constitution
and functions of the Teams.‑(I)The District Committee shall
constitute Teams, each consisting of two or more persons, including at least
one non‑official, to organize selection of members and
election of Chairman of Local Committees.
(2) The District
Committee shall nominate one of the members of a Team to be the Convener of
that Team. The Convener shall be the leader ofthe Team and act as
its spokesman.
(3) The District
Committee shall require each Team to organize selection of members and election
of Chairman in one or more localities.
(4) The composition and
jurisdiction of the Teams shall be duly publicised by the
District Committee.
5. Selection/election
programme of a Team and its publicity.‑(1) District
Committee shall give to every Team a progamme of work indicating clearly the
venue, the date and the time of the selection/the election in each locality.
(2) The District
Committee and the Teams shall give widest possible publicity, in the localities
concerned, to the programme of work given to a Team under sub‑rule (1).
(3) The programme of
work under sub‑rule (1) shall be so planned by the District Committee that the
residents of each locality get, at least seven days' notice of the
selection/election of their Local Committee.
6. Arrangements for
selection/election in alocality.‑(!)
The Team shall arrive at the appointed place sufficiently ahead of the
appointed time to make proper arrangements for such selection/election;
providing, inter alia, for separate enclosures for the males
and the females in the gathering.
(2) No person shall be
allowed to move out of, or move into, the enclosures after the appointed time,
until the election of members has been completed.
7. Calling upon
the gathering to select members.‑Soon after the appointed time, the
Team shall call upon the gathering to select seven adult Muslims residing in
that locality, who enjoy their trust to be the members of the
Local Committee concerned.
8. When the
gathering selects seven persons.‑Ifthe gathering selects seven persons,
these seven persons shall be declared by the Team to have been selected as the
members of the Local Committee.
9. When the gathering
selects less than seven persons.‑If the gathering selects less than seven persons, the Team shall call
upon the gathering to select further a number of persons by
which the number of members already selected is short of seven, to be the
members of the Local Committee. The Team may, for the purpose, adopt such
procedure as may appear to it to be feasible and fair. When the requisite
number ofadditional members has been selected by the gathering, the
Team shall declare them to have been selected as members.
10. When the gathering
proposes more than seven persons.‑(1) If the gathering proposes more than seven persons the Team shall
call upon the gathering to reconsider their proposal and select seven persons
only. If the gathering, on reconsideration, selects seven persons, these seven
persons shall be declared by the Team to have been selected as the members of
the Local Committee.
(2) If, on
reconsideration under sub‑rule (1),the gathering does not select seven
persons, the Team shall adopt such procedure as may appear to it to be feasible
and fair, to arrange selection of seven persons only and on their being so
selected shall declare them to have been selected members of the Local
Committee.
11. Objections and their
disposal.‑If, at the time of
selection, any adult Muslim resident of the locality present in the gathering
raises objection with respect to another person so present that such other
person‑
(a) is not an adult ;
(b) is not a Muslim ;
(c) is not a resident of
the locality ;
(d) is an undischarged
insolvent ; or
(e) is of unsound mind ;
or, being a person
proposed to be selected as a member of the Local Committee, suffers from any of
the said disqualifications or has been convicted for an offence involving moral
turpitude, the Team shall make summary inquiry and give decision on the
objection raised and in case the members of the Team are equallydivided in
their opinion, the Convener, shall have a second vote.
12. Election of
Chairman.‑‑(1) After seven members have been selected under rule 8, 9
or 10, the Team shall call upon the members present to elect one of their
number, who may preferably be literate, as the Chairman.
(2) The name of `each
candidate for election as Chairman shall be proposed by one member and seconded
by another;
Provided that no
member shall either propose or second more than one candidate.
(3) If there is only one
such candidate, the Team shall declare him to have been elected as Chairman.
(4) If there are more
than one such candidates, the Team shall call upon the members to elect one of
these candidates as Chairman by voting in a manner as the Team may deem
feasible and fair. The candidate securing the highest number of votes shall be
declared to have been elected as the Chairman of the Local
Committee. In case of tie of votes between two candidates, the Chairman shall
be selected by drawing lots between those two candidates. The Team shall
announce the result of this election on the spot in the presence of the members
and other persons.
13. Report on the
selection/election in alocality.‑As
soon as possible, after the selection/election in a locality the Team shall
send a report to the District Committee, giving brief account of the procedures
adopted for, and results secured in respect of, the selection/election, in case
of election of Chairman, the names of candidates with their
proposers and seconders shall also be given. The Team shall also give in the
report particulars of persons who raised under rule 11, any objections, the
gist of such objections, and the decision given thereon. The
Team may also mention any noteworthy aspect of the selection/election in that
report. The report shall be signed by all the members of the Team and delivered
to the District Committee at the earliest.
14. Notifying the constitution
of a Local Committee by the District Committee.‑The District Committee
shall duly notify, as required under subsection (5) of section 9 of the Ordinance,
the constitution of the Local Committee concerned, as soon after the receipt of
the report of the Team under rule 13 as possible, and in a manner deemed
appropriate by the District Committee. A copy of this report shall be sent to
the Provincial Council also.
15. Bye‑selection/election.‑If,
for any reason, the seat of a member or a Chairman falls vacant after
the initial constitution of a Local Committee the selection or election, as the
case may be, to fill in such a vacancy, within three months of the occurrence
of the vacancy, shall be held in the same manner in which the seat had been
initially filled.
16. Appeal against
the participation of a person on selection proceedings or
against the selection of a person.‑If any
person, who had raised an objection under rule 11, is aggrieved by the
decision of the Team or by no decision having been given on
his objection, he may, within fifteen days of the selection,
prefer an appeal to the District Committee concerned.
17. Disposal of appeals.‑The
District Committee shall, after issuing notice to the parties concerned, hear
and decide the appeal within two months of the appeal;
Provided that the appeal
shall be heard by at least two members of the District Committee and in case of
tie, the appeal shall be deemed to have been rejected;
Provided further that
the decision of the District Committee on such an appeal shall be final and
shall not be called in question before any Court or other authority;
Provided further that no
agent or counsel shall be allowed to appear in connection with the filling or
hearing or disposal of such an appeal:
Provided further that
the District Committee shall not grant any injunction or make any interim
order, including a stay order, during the pendency of the
appeal.
18. Election of members
of TehsilCommittees.‑Immediately
after the election ofChairmen of Local Committees
under rule 12, the District Committee shall notify the date and the time when
such elected Chairmen of the Local Committees in a Tehsil
would gather together at the tehsil headquarters, to elect, from amongst
themselves, six members of the Tehsil Committee.
19. Election of
the Chairman of a Tehsil Committee.‑After the six
members of a Tehsil Committee have been elected under rule 18,
these six members alongwith the Assistant Commissioner concerned, shall elect
one person from amongst themselves to be the Chairman of the Tehsil Committee.
20. Arrangements for the
constitution and notification of Tehsil Committees.‑All the arrangements for the constitution and
notification of the Tehsil Committees shall be made by the District Committee
concerned.
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