[1]THE PUNJAB BAIT-UL-MAL ACT, 1991
( VII of
1991)
[30th
March, 1991]
An
Act
to provide for the
establishment of a charitable fund to be known as the Punjab Bait-ul-Mal
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-ulMal
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.
(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 Baitul-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
[2][:]
4[
Provided that the Government may reconstitute a Committee at any time. ]
(2)
The Council may, if it considers it necessary, co-opt
any person to a Committee.
5[(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. 2Substituted by the Punjab Bait-ul-Mal (Amendment) Act,
1994 (VII of 1994).
[2] Full stop replaced by
colon by the Punjab Bait-ul-Mal (Amendment) Act, 1994 (VII of 1994). 4Added by the Punjab Bait-ul-Mal
(Amendment) Act, 1994 (VII of 1994). 5Ibid.
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