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Scheduled Mosques (Administration and Management) Act, 1990

Act No.23, 1990

An Act made to provide for the administration and management of scheduled mosques and their properties according to the Shariat for the interest of the public

Whereas it is expedient to provide for the administration and management of scheduled mosques and their properties according to the Shariat for the interest of the public;

now, therefore, the following Act is hereby passed.

1. Short title.- This Act may be called The Scheduled Mosques (Administration and Management) Act, 1990.

2. Definitions.- Unless there is anything repugnant in the context, in this Act-

(a) "Waqf Administrator" means the waqf administrator appointed under section 7 of the Waqfs Ordinance, 1962 (E.P.Ord.I of 1962);
(b) "Committee" means any mosque committee established under this Act;
(c) "Scheduled Mosques" means any mosques and majars mentioned in the list of this Act including their properties;
(d) when talking of the "Properties" of the scheduled mosques,-

(1) any movable or immovable properties of the respective mosque situated inside or outside the boundaries of the mosque;
(2) all properties donated or given by waqf in the name of the respective mosque, and any other properties under the supervision or management of the mosque for reasons of religion, attainment of virtue or public welfare;
(3) and all gifts to the respective mosque shall be included;

(e) "Rule" means a rule under this Act.

4. Administration and management of the scheduled mosques.- (1) The responsibility for the administration and management of every scheduled mosque shall be entrusted to the mosque committee established under this Act.
(2) Notwithstanding anything said in sub-section (1), immediately after the commencement of this Act-

(a) the waqf administrator shall temporarily be entrusted with the responsibility for the administration and management of every scheduled mosque, and he shall himself or through one of his subordinate officers discharge this function until the committee is established for this purpose.
(b) all other committees entrusted with the administration and management of scheduled mosques, whatever they may be called, shall become obsolete;
(c) all persons engaged in the administration and management of scheduled mosques shall be removed from their posts.

5. Deliverance of properties etc. of scheduled mosques.- Any obsolete committee of any scheduled mosque under section 4 or any removed person shall within 15 days after the commencement of this Act deliver all properties of the mosque and all cash money related to the mosque and its properties, accounts, registers, records and other documents to the waqf administrator or to any officer put into charge by him for this purpose, and the waqf administrator or the said officer shall after reception prepare a list and transmit a copy of this list to the Government; and with the establishment of a committee for a mosque he shall deliver it to the committee:

Provided that, if a committee for a mosque has been established before the deliverance of the said sort, in that case the deliverance shall be made to the committee directly, and the committee shall prepare a list and transmit it to the Government.

6. Scheduled Mosque Committee.- (1) As soon as possible, and within three months, after the commencement of this Act, the Government shall establish a mosque committee for the administration and management of every scheduled mosque comprising one Chairman and between five and ten members.
(2) Chairman and members of the Committee must be muslims, and at least one of them must have special knowledge of the Shariat, and one must be from amongst the persons previously engaged in mosque administration;

Provided that, if any of the said persons has been punished for any offences, or if he has misused or misappropriated any of the mosque's properties, in that case he shall not be appointable as a member.
(3) The chairman or any member of the committee shall be appointed for a period of one year from the date of their appointment:

Provided that, inspite of the ending of one period the chairman and the members shall remain in their posts until their successors are appointed.
(4) The Government may remove the chairman or any member of the committee without giving reasons before the accomplishment of the period of their post.
(5) The chairman or any member of the committee may resign their posts by sending a signed letter to the Government, and after acceptance of the resignation the post shall be vacant.
(6) When discharging its functions the committee shall follow a procedure determined by rule.
(7) No action of the committee shall became illegal just for reasons of any vacancy or deficiency in its set-up.

7. Powers and functions of the committee.- (1) The committee shall have the following powers and functions, namely:-

(a) executing the administration and legislation of the mosques
(b) supervising and protecting the mosques;
(c) protecting the sanctity of the mosque and keeping peace and order intact in the area of the mosque;
(d) taking care for the upkeeping of the memory of the saint etc. after whom the mosque is named;
(e) accepting money, articles and gifts for the mosque;
(f) accepting, collecting and realizing income or money due from the mosque's properties;
(g) spending or using any money donated to the mosque according to the wishes of the donator;
(h) appointing servants and, if need be, other employees for the mosque with the prior approval of the waqf administrator and taking punitive measures including the dismissal of the abovementioned persons;
(i) determining the wages or other remunerations for the appointed servants and other employees with the prior approval of the waqf administrator and spending money from the mosque's fund for that purpose;
(j) maintenance of the mosque's fund and meeting expenses from it according to this Act and its rules;
(k) performing actions expedient for the administration and legislation of the mosque or determined by rule.

8. Sajjadanashin.- (1) If it is practice or custom in any scheduled mosque to have a position called Sajjadanashin it shall remain intact.
(2) Any person on the post of a Sajjadanashin shall get a monthly allowance determined by the Government, and this allowance shall be paid from the mosque's fund.
(3) The Sajjadanashin shall hold no responsibilities concerning the administration and management of mosques, and the kind of responsibilities he shall have concerning the organisation of the mosque's religious meetings etc. shall be determined by the Government.
(4) If the post of the Sajjadanashin is vacant, in that case the person who according to current practices and customs is the candidate for that post shall receive it after getting the approval of the Government.
(5) If there appear to be any controversies concerning the succession of the Sajjadanashin's post, the Government shall delegate the case to the Zila judge, and his decision shall be final.
(6) If immediately before the commencement of this Act a person has been placed on the post of a Sajjadanashin, he shall, depending on the provisions of this Act, remain there.

9. Special provision for the distressed heirs of a mosque's pirs, buzurgs etc. . Where any heir or any member of a family, of a pir, buzurg, ali-allah, darvesh or spiritual person around the tomb or to the memory, of which a scheduled mosque has been founded, has fallen into distress, or where any hereditary servant of such mosque or any member of his family has fallen into distress, the Committee may, with the prior approval of the Government, provide, as far as possible, for the upkeeping of those persons from the mosque's fund, unless considered inconsistent with the fund's destination.

10. Execution of actions according to the Islami Shariat.- (1) The Government or the waqf administrator or the committee or anyone else shall follow the Islami Shariat when exercising powers and performing functions and duties under this Act.
(2) In the case of using or spending anything donated or given as waqf to any scheduled mosque, if the intention of the donator or waqif does not correspond to the Islami Shariat, then, despite his contrasting intention, it shall be used or spent according to the Islami Shariat; but attention must be paid that as far as possible it should be used according to his intention.
(3) Any expenditures from the fund of any scheduled mosque must be in conformity with the Islami Shariat.
(4) Properties of scheduled mosques may not be used for any matter or action contrary to the Islami Shariat.
(5) If anyone raises an objection saying any provision of this section has been violated, he shall have to inform the Government in writing, and after receiving such an objection the Government shall delegate the case to a committee of three Shariat specialists whose resolution shall be final.

11. Mosque fund.- (1) Every scheduled mosque shall have a mosque fund, and in it all donated money and money obtained from its properties shall be deposited, plus the money the mosque had before the commencement of this Act.
(2) The fund of the mosque shall be entrusted to the committee, and it shall, subject to ordinary or special directions from the Government, be spent for the administration and legislation of the mosque and for religious, charitable and other beneficial actions in accordance with the Islami Shariat.
(3) All the money of the mosque's fund shall be deposited on an account with or without earnest money at any scheduled bank.
(4) The mosque's bank account shall be managed in a procedure determined by rule.

12. Disposal of a mosque's properties given as waqfs.- (1) Notwithstanding anything said in this Act, if any immovable property is given as a waqf to the mosque, in that case the income gained by it shall, according to the Shariat, as far as possible be used following the wishes of the waqif.
(2) The donators of the said waqf shall, apart from having the right to manage the waqf, profit from the rights and remunerations of the waqf, if existent.

13. Handing over the mosque's properties.- Except of the committee or a person authorized by it in this behalf, no-one may transfer any properties of any scheduled mosque.
(2) No immovable property of any scheduled mosque may be transferred without the prior approval of the waqf administrator.
(3) If any property has been transferred in violation of this section, the transfer shall be invalid.

14. Temporary closure of bank accounts.- Immediately on the commencement of this Act and until the establishment of a scheduled mosque committee, all bank accounts of a mosque shall temporarily be blocked, and with the establishment of the committee the said bank accounts shall be tranferred to the committee, and shall be managed in a procedure determined by rule.

15. Account-keeping.- The committee shall keep the accounts of a scheduled mosque in a procedure and form determined by rule.

16. Control of accounts.- A controller appointed by the Government shall control the accounts of the committee annually.

17. Demand of reports etc.- The Government or the waqf administrator may demand reports, accounts, statistics or any other facts of any subject under the administration and disposal of a committee, and the committee shall be obliged to produce and supply them accordig to the demand.

18. Power of mosque inspection.- The waqf aministrator or any person authorized by him in this behalf may at any time inspect any scheduled mosque and its properties and account-books, registers, records and fund, and after such an inspection he shall transmit a report thereof to the Government.

19. Members of the committee are Public Servants.- The chairman and the other members of the committee shall be deemed Public Servants the meaning of section 21 of the Penal Code (Act XLV of 1860).

20. Punishment for non-approved disposal.- If any member of a committee which has become obsolete under section 4, or any dismissed person does anything whatsoever concerning the respective mosque, its properties, fund management or disposal, by pretending to be a member of the said committee or to be not yet dismissed, he shall be punishable by imprisonment of not more then two years, or by a fine, or both.

21. Punishment for non-approved realization of money.- If any such person who is not authorized by the committee in this behalf realizes any money for or in the name of a mosque, he shall be punishable by imprisonment of not more than two years, or by a fine, or both.

22. Punishment for accepting and taking away money without approval.- If any such person who is not authorized by the committee in this behalf accepts or takes away any money, things or gifts donated to the mosque, he shall be punishable by imprisonment of not more than two years, or by a fine, or both.

23. Punishment for taking into possession money, properties etc. illegally.- Any person who-

(a) illegally takes or keeps in his possession any money, property or fund of any scheduled mosque, or retains any money, property or fund under his control or care, or
(b) willingly retains any account-books, registers, records or other documents related to any scheduled mosque or to its properties, or fails to present or supply them to the committee, waqf administrator or any officer authorized by him in this behalf,

24. Punishment for raising money from temporarily blocked bank-accounts.- If any person raises or gives out any money from any bank-account temporarily blocked under section 14, he shall be punishable by imprisonment of not more than two years, or by a fine, or by both punishments.

25. Power to make rules.- The Government may by notification in the official Gazette make rules for the purpose of this Act.

26. Repeals and Savings.- (1) The Scheduled Mosques (Administration and Legislation) Ordinance, 1989 (Ordinance NO. 18, 1989) is hereby repealed.
(2) Notwithstanding the repeal in subsection (1), actions performed and measures taken under the repealed Ordinance shall be deemed performed and taken under this Act.

The Schedule, which contains the names and addresses of the dargahs and mosques, has not been translated