Auqaf (Federal Control) (Repeal) Ordinance, 1979

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THE AUQAF (FEDERAL CONTROL) (REPEAL) ORDINANCE, 
1979 
 
 
             
 CONTENTS 
 
1. Short title, extent and commencement 
2. Repeal, etc 
3. Allocation of officers, etc., to Provinces 
4. Removal of difficulties 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
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THE AUQAF (FEDERAL CONTROL) (REPEAL) ORDINANCE, 1979 
ORDINANCE NO. XXII OF 1979 
           [10th April, 1979] 
 
An Ordinance to repeal the Auqaf (Federal Control) Act, 1976 
 
WHEREAS it is expedient to repeal the Auqaf (Federal Control) ’ Act, 1976 and to provide 
for matters incidental thereto ; 
 
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 the fifth day of July, 1977, read 
with the Laws (Continuance in Force) Order, 1977 (C.M.LA. Order No. 1 of 1977), and in exercise of 
all powers enabling him in that behalf, the President is pleased to make and promulgate the following 
Ordinance :— 
 
1. Short title, extent and commencement. —(1) This Ordinance may be cal led the Auqaf 
(Federal Control) (Repeal) Ordinance, 1979. 
 
 (2) It extends to the whole of Pakistan, except the Islamabad Capital Territory. 
 
 (3) It shall come into force on such day 1 as the Federal Government may, by notification in 
the official Gazette, specify in this behalf, hereinafter referred to as the commencing day. 
 
2. Repeal, etc. —(1) The Auqaf (Federal Control) Act, 1976 (LVI of 1976) is hereby 
repealed. 
 
 (2)   Upon the repeal of the Act,— 
 
(a) the administration, control, management and maint enance of all waqf property 
situated in a Province which vested in the Administrator -General of Auqaf for 
Pakistan, hereinafter referred to as the Administrator -General, immediately 
before the commencing day, shall stand transferred to the Government of t hat 
Province or to such authority as may be specified by or under the law of that 
Province ; 
 
(b) any contract made by or on behalf of the Administrator -General before the 
commencing day for purposes which as from that day are exclusively relatable 
to waqf property situated in a Province shall be deemed to have been made on 
behalf of that Province or of such authority as may be specified by or under 
the law of that Province, and all rights and liabilities which have accrued or 
may accrue under such contrac t shall, to the extent to which they would have 
been the rights and liabilities of the Administrator -General, be the rights and 
liabilities of such Province or such authority ; 
     
(c) all rights, assets, debts, liabilities and obligations of the Administ rator-General 
in respect of any waqf property shall vest in the Province in which such 
 
 1 I.e. l5thApril, 1979. by S.R.O. No. 317(1) 79, dated the 11th April, 1979,.see Gaz. of P, 1979, Ext., Pt. II. p. 561. 
 
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 property is sit uated or in such authority as may be specified by or under the 
law of that Province ; and 
 
(d) all suits and other legal proceedings instituted by or against the Administrator -
General before the commencing day with respect to any waqf property shall be 
deemed to be suits and proceedin gs instituted by or against the Province in 
which such property is situated or by or against such authority as may be 
specified by or under the law of that Province. 
 
3. Allocation of officers, etc., to Provinces. —(1) The Federal Government may make such 
orders as it may consider necessary to provide for the allocation to the Provinces of the Chief 
Administrators of Auqaf, Administrators of Auqaf, Deputy Administrators of Auqaf and other 
officers and servants employed for the purpose of this Act: 
 
Provided that no such order shall be made after the expiry of one year from the commencing 
day. 
 
 (2) The terms and conditions of service of the persons allo cated to the Provinces under sub -
section (1) shall not be altered by the Provinces to their disadvantage. 
 
4. Removal of difficulties.  If any difficulty arises in carrying out any of the purposes, or in 
giving effect to any of the provisions, of this Ordinance, the Federal Government may make such 
orders not inconsistent with the provisions of this Ordinance, a s may appear to it to be necessary for 
removing the difficulty: 
 
Provided that no such order shall be made after the expiry of one year from the commencing 
day. 
 
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