National Zakat Foundation (Merger in Bait-ul-Mal) Ordinance, 2001

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THE NATIONAL ZAKAT FOUNDATION (MERGER IN THE  
BAIT-UL-MAL) ORDINANCE, 2001 
 
 
 
 
CONTENTS 
1. Short title and commencement 
2. Definitions 
3. Merger of Foundation in the Bait-ul-Mal 
4. Transfer etc., of employees of the Foundation 
 
  
 

 
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THE NATIONAL ZAKAT FOUNDATION (MERGER IN THE  
BAIT-UL-MAL) ORDINANCE, 2001 
 ORDINANCE No. XVIII OF 2001 
[6th April, 2001] 
An Ordinance to provide for merger of the National Zakat Foundation in the Bait-ul-Mal 
WHEREAS it is expedient to merger of the National Zakat Foundation in Bait-ul- Mal, and for 
matter connected therewith or ancillary thereto; 
AND WHEREAS the National Assembly and the Senate stands suspended in pursuance of the 
Proclamation of Emergency of the fourteenth day of O ctober, 1999 and the Provisional Constitution 
Order No. 1 of 1999. 
AND WHEREAS the President is satisfied that circumstances exist which render it necessary 
to take immediate action; 
NOW, THEREFORE, in pursuance of the Proclamation of Emergency of the fourteenth day of 
October, 1999 and the Pro visional-Constitution Order No. 1 of 1999, read with the Provisional 
Constitution (Amendment) Order 9 of 1999, and in exercise of all other powers enabling him in that 
behalf, the President of the Islamic Republic of Pakistan is pleased to make and promulgate the 
following Ordinance:— 
1. Short title and commencement. ___(1) This Order tray be called the National Zakat  
Foundation (Merger in the Bait-ul-Mal) Ordinance, 2001. 
(2) It shall come into force at once. 
2. Defini tions.___In this Ordinance, unless there is anything repugnant in the subject or 
context____ 
(a) “appointed day” means the 31st day of March, 2001; 
(b) “Bait-ul-Mal” means the Bait -ul-Mal established under the Pakistan 
Bait-ul- Mal Act, 1991 (1 of 1992); and 
(c) “Foundation”   means   the   National   Zakat   Foundation   established   
vide Notification No.S.R.0.162(1)/82, dated the 18th February, 1982. 
3.  Merger of Foundation in the Bait-ul-Mal.___ (1) Notwithstanding anything contained in 
any other law for the time being in force the in the Bait -ul-Mal and assets, properties, movable and 
immovable, debts, rights and liabilities of whatever kind to which the Foundation, immediately before 
the appointed day was entitled or subject shall vest in Bait-ul-Mal and become the property, rights and 
liabilities of the Bait-ul-Mal; 
(2) All contracts, bonds, agreements, power of attorneys, grants and all other instruments of 
whatever kind subsisting, owed or incurred by the Foundation or to which the Foundation may have 
been a party or which relate or connected with the Foundation shall remain in force and effect against 
 
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the Bait -ul-Mal as they were before the appointed day again st the Foundation as if instead of 
Foundation the Bait-ul-Mal had been a party thereto. 
(3) All suits, appeals or other legal proceedings of whatever nature by or against or relating  to  
the  Foundation  which  shall  be  pending  on  the  appointed  day in  any Court, Tribunal or other 
authority shall be continued, prosecuted and in force in the same manner and to the same would have 
been continued, prosecuted or enforced, by Foundation as if this Ordinance would not have been 
promulgated, against the Bait-ul-Mal and the same shall not abate, be discontinued any way prejudiced 
or affected by the provisions of this Ordinance. 
4. Transfer etc., of employees of the Foundation.___ (1) Notwithstanding anything contained  
in  any law  or  terms  and  conditions  of  service,  agreement,  contracts  or  other instrument, every 
person employed in, or under, the Foundation immediately before the appointed day including persons 
on deputation to other organizations sh all stand transferred to and become an employee of, the Bait -
ul-Mal on the same terms and conditions, including remuneration, tenure of service, rights and 
privileges as to pension and gratuity and other matters  as  we're  applicable  to  him  immediately   
before  the  appointed  day,  until  his employment in the Bait-ul-Mal is terminated in accordance with 
his condition of service or his terms and conditions as are altered, by regulation, which shall not be 
less favourable than those by which was governed immediately before his transfer to the Bait-ul-Mal. 
(2)  Any person referred to in sub -section (1) who is on deputation with the Foundation shall 
continue in the employment of Bait -ul-Mal on deputation in accordance with the terms of his 
deputation: 
Provided that if, within three months from the commencement of this Ordinance, he opts to be 
transferred to the service of Bait -ul-Mal on the terms and conditions referred to in sub -section (1) he 
shall stand so transferred. 
(3) Any person referred to  in sub -section (1), may, within three months, from the 
commencement of this Ordinance, opt not to be transferred to the service of Bait-ul-Mal and the option 
so exercised shall be final. 
(4) The service of an employee who opts under sub-section (3) not to be transferred to the Bait-
ul-Mal shall stand terminated on the day on which his option is accepted by the Bait - ul-Mal and he 
shall be entitled to be paid by the Bail-ul-Mal compensation equal to three months remuneration. 
Explanation.__ The compensation payable to an employee in this subsection shall be in addition 
to and not in derogation of his right as to pension, gratuity, provident fund money or other benefit to 
which he may be entitled under his conditions of service. 
(5) The terms of service of an employee under sub-section (4) shall be deemed to be discharged 
from service owing to abolition of a permanent post for the purpose of admissibility to 
compensation/pension. 
(6) No person referred to in sub -section (1) who stands transferred to Bait -ul-Mal shall, 
notwithstanding anything contained in any law, contract, agreement, or terms of conditions of service, 
be entitled to compensation because of his transfer.