Zakat and Ushr (Amendment) Ordinance 1983

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ZAKAT AND USHR (AMENDMENT) ORDINANCE, 1983

ORDINANCE VII OF 1983

An Ordinance further to amend the Zakat and Ushr Ordinance, 1980

[Gazette of Pakistan, Extraordinary, Part I, 26th February, 1983]

No. F. 17 (1)/83-Pub.-The following Ordinance made by the President is hereby published for general information :-

Whereas it is expedient further to amend the Zakat and Ushr Ordinance, 1980 (XVIII of 1980), for the purpose hereinafter appearing;

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, 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 and commencement.-**this Ordinance may be called the Zakat and Ushr (Amendment) Ordinance, 1983.

(2) It shall come into force at once.

**2. Amendment of section 16, Ordinance XVIII of 1980.-**In the Zakat and Ushr Ordinance, 1980 (XVIII of 1980), hereinafter referred to as the said Ordinance, in section 16, in subsection (3),-

(a) after the word and comma "district,", the word "and" shall be inserted ;

(b) the words "and one member to be nominated by the District Council of the district from amongst its non-official Muslim members" shall be omitted ; and

(c) in the first proviso, for the commas and words, "the Deputy Commis sioner and the member nominated by the District Council," the words "and the Deputy Commissioner" shall be substituted.

**3. Amendment of section 17, Ordinance XVIII of 1980.-**In the said Ordinance, in section 17, in subsection (3),-

(a) after the words "Assistant Commissioner", for the comma the word "and" shall be substituted ;

and

(b) the words and commas "and one member to be nominated by the Tehsil or Taluqa Council of the tehsil or taluqa, as the case may be, from amongst its non-official Muslim members" shall be omitted.

**4. Amendment of section 18, Ordinance XVIII of 1980.-**In the said Ordinance, in section 18,-

(a) in subsection (3), the words and commas occurring after the brackets and figure "(4)" shall be omitted ;

(b) in subsection (4),-

(i) for the words "two or more persons" the words and commas "three or more persons, including at

least one gazetted officer, one aalim-e-deen and one member of the District Committee," shall be substituted ;

(ii) after the word "who", the words "are known to be pious and not engaged in political activity and who" shall be inserted ;

(iii) in the proviso, after the words "local authority" the words "other wise than as a Pesh Imam of a local mosque or a teacher of a local school" shall be inserted and for the full-stop at the end a colon shall be substituted ; and

(iv) after the proviso, amended as aforesaid, the following further proviso shall be added, namely :-

"Provided further that, where in a district the number of Local Com mittees is so large that the members of the District Committee cannot be put on all the teams constituted for the selection of members of Local Committees in the district, the District Committee, may, at its discretion, nominate any other non-official person of the district to represent it on the said team." ;

(c) in subsection (6), after the word and comma "disqualifications,", the words and commas "or is not known to be pious, or is known to be engaged in political activity," shall be inserted ; and

(d) in subsection (7),-

(i) for the words "preferably a person who is literate" the words "being a person who is literate and who offers prayer five times a day regularly and observes the fast throughout Ramzan-ul-Mubarak according to the Injunctions of Islam" shall be substituted ; and

(ii) for the full-stop at the end a colon shall be substituted and thereafter the following proviso shall be added, namely :-

"Provided that the condition of the Chairman being literate may be waived in a locality where no literate, pious and practising Muslim is available." `

**5. Amendment of section 21, Ordinance XYIII of 1980.-**In the said Ordinance, in section 21,-

(1) in subsection (1),

(i) in clause (d), after the comma at the end the word "or" shall be added; and

(ii) after clause (d), amended as aforesaid, the following new clause shall to inserted, namely :-

"(e) has a majority of members who are not pious Muslims or who are engaged in political activity;" ;

(2) in subsection .(3),-

(a) in clause (a),-

(i) in sub-clause (i), after the word "a", the word "pious" shall be inserted ;

(ii) in sub-clause (v), after the semi-colon at the end, the word "or" shall be added ; and

(iii) after sub-clause (v), amended as aforesaid, the following new sub clause shall be added, namely :-

(vi) engaged in political activity" ; and

(b) in clause (c), for the brackets, figures and word "(iv) or (v)" the brackets, figures, comma and word "(iv), (v) or (vi)" shall be substituted.

**6. Amendment of section 21-A, Ordinance XVIII of 1930.-**In the said Ordinance, in section 21-A,-

(a) in the marginal heading, after the words "Local Committee" at the end, the words "or a Local Committee as a whole" shall be added ;

(b) for subsection (2) the following shall be substituted, namely

"(2) Where in the case of a member of a Local Committee, or of a Local Committee as a whole; the District Committee, after such enquiry as it may deem fit, is of the opinion that the adult Muslim residents of the locality no longer have confidence in the member, or in the Committee as a whole, the District Committee may, in the prescribed manner, remove the member from his office or dissolve the Committee as a whole." ; and

(c) in subsection (3), after the word "member", the words "or members" shall be inserted.

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