Wednesday, 17 December 2014

PROTECTION OF COMMUNAL PROPERTIES OF MINORITIES COMMUNITIES RULES, 2003

PROTECTION OF COMMUNAL PROPERTIES OF MINORITIES COMMUNITIES RULES, 2003.

[Gazette. of Pakistan, Extraordinary, Part II, 19th February, 2004]

S.R.O.35(KE)/2004,dated 20-1-2004.---In exercise of the powers conferred by section 7 of the Protection of Communal Properties of Minorities Ordinance, 2002 (V of 2002), the Federal Government is pleased to make the following rules, namely:--


1. Short title and commencement.--(1) These rules tray be called the Protection of Communal Properties of Minorities Communities Rules, 2003.

(2) They shall come into force at once.

2. Definition.--(1) In these Rules, unless there is anything repugnant in the subject or context,-

(a) "Commission" means the National, Commission for Minorities set up by the Ministry of Minorities, Culture, Sports, Toursim and Youth Affairs; and

(b) "Government" means the Federal Government in the Ministry of Minorities, Culture, Sports, Tourism and Youth Affairs.

3. Permission for sale or transfer of minority communities properties.--(1) Any person intending to purchase, sell or transfer any property shall apply to the Government, for the grant of N.O.C., giving all relevant detail of particulars and information. Such person shall also provide any other information or documents as may be required by the Government for processing of his application.

Explanation.--For the purposes of this rule, the terms "transfer" includes transfer by Way of lease or gift.

(2) The Government on receipt of an application under sub-rule (1), shall invite objections through Press.

(3) The Government after considering the application and objections if any, may give N.O.C. to the applicant on recommendation of the Commission.

4. Eviction from unauthorized occupation and restoration of possession of property to the lawful authorities/owners.--Where any person in possession of the Property of a Church or Communal authority after retirement or removal from service of such' Church or Communal authority,--

(a) retains the possessions of such Property; or
             
(b) refuses to vacate such Property; of

(c) uses such property for any purpose for .which he is not authorized use;

he shall be liable to eviction in accordance with the law for the time being in force.


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