The Balochistan Zakat council
(Traveling and Daily Allowances) Rule 1979.
In pursuance of the provisions of section 16 of the Zakat and Ushr (Organization) Ordinance 1979, at the direction and with the approval of the Central Zakat Council makes the following rules for the regulation of the traveling and the daily allowances of the Chairman and members of the Balochistan Zakat Council.
1. Short title and commencement: (1) These rules may be called the Balochistan Zakat Council (Traveling and daily allowances) Rules, 1979.
(2). These Shall Come into force at once.
2. Definition:- In these rules, unless there is anything repugnant in the subject or context,-
(i) “Chairman” means the Chairman of the Council :
(ii) “Council: means the Balochistan Zakat Council:
(iii) “Meeting” means a meeting of the Council : and
(iv) “Member” means a member of the Council.
3. Traveling and daily allowances of the Chairman: For journeys undertaken in connection with the business of the Council, the Chairman, being a serving or retried Judge of the High Court, shall be entitled to the same mileage and daily allowances and other traveling concessions as are admissible to a judge of the High Court, from time to time.
4. Traveling and daily allowances to a member who is a retired Judge of the Supreme Court or a serving or retired Judge of the High Court. On journeys undertaken in connection with the business of the Council, a member who is a retired Judge of the Supreme Court or a serving or retired Judge of the High Court, shall be entitled to the same mileage and daily allowances and other traveling concessions as are admissible, from time to time to such Judge.
5. Traveling and daily allowances to a non-official member:- For journeys undertaken in connection with the business of the Council, a member who does not hold an office in the service of Pakistan, shall be entitled to mileage and daily allowances, including facility or staying in hotels, but excluding HOR facility, at the rates and on the terms applicable to the Secretaries to the Provincial Government.
6. Traveling and daily allowances to official members:- For journeys undertaken in connection with the business of Council, a member who is holding an office in the service of Pakistan, shall be entitled to mileage and daily allowances and other facilities at the rates and on the terms as are applicable to him as such official.
7. Traveling and daily allowances to co-opted members of a Committee:- A person co-opted to serve as a member on a Committee, under the provisions of sub-rule (3) of rule 12 of the Balochistan Zakat Council (Procedure) Rules, 1979, shall be deemed to be a member of the Council for the purpose of traveling and daily allowances and other traveling concession and facilities.
8. Daily allowance to the Chairman and members not in the service of Pakistan coming from the place of meeting:- Daily allowance shall be admissible at the usual rates to the Chairman and a member not in the service of Pakistan even if he comes from the place of meeting.
9. Source of payment of traveling and daily allowances and other facilities / concessions to the Chairman and members:- (1) The Chairman or a member, who does not hold an office in the service of Pakistan, shall be reimbursed admissible traveling expenses out of a grant to be made specifically for the purpose by the Balochistan Government.
(2) The Chairman or a member, who holds an office in the service of Pakistan, shall be paid admissible traveling expenses by his parent office.
THE BALOCHISTAN DISTRICT, THESIL AND LOCAL COMMITTEES (PROCEDURE) RULES, 1980.
In pursuance of the provisions of section 16 of the Zakat and Ushr (Organization) Ordinance, 1979, at the direction and with the approval of the Central Zakat Council, the Balochistan Zakat Council makes the following rules for the regulation of the proceedings of the District, Tehsil and Local Committees in Balochistan:-
- Short title, extent and commencement:- (1) These rules may be called the Balochistan District, Tehsil and Local Committees in Balochistan:-
(3) These shall apply to all the District, Tehsil and Local Committees in the Province of Balochistan.
(4) These shall come into force at once.
- Definitions: In these rules, unless there is anything repugnant in the subject or context.
(a) Chairman means the Chairman of the Committee and includes the person presiding at the meeting of the Committee in the absence of the Chairman.
(b) Committee means the District Zakat and Ushr Committee, the Tehsil Zakat and Ushr Committee or the Local Zakat and Ushr Committee, as the case may be;
(c) Meeting means a meeting of the Committee; and
(d) Member means a member of the Committee and includes the Chairman.
- Seats of the Committees: The seat of a District Committee shall be the headquarters of the District ; of a Tehsil Committee, the headquarters of the Tehsil and of Local Committee, a place in the locality, to be determined by the Local Committee.
- Proceedings of the Committees. (1) The proceedings of the Committee shall be in Urdu.
(2) The proceedings of the Committee shall be confidential except to the extent the Committee decides otherwise.
- Meetings of the Committees. (1) There shall be at least one meeting of a Committee during a period of two months in the case of a District or a Tehsil Committee, and during a period of one month, in the case of a Local Committee.
(2) The Chairman, on his own motion or at the written request of the majority of the members, may call a meeting of the Committee at any time.
(3) Notice of at least seven days for a meeting of the District Committee or the Tehsil Committee, and of at least three days for that of the Local Committee, shall be given to each member:
Provided that no decision of the Committee shall be invalid merely on the ground that the notice of the meeting had not been received by any member, if the meeting so convened had the quorum.
(4) The venue of the meeting shall be at the seat of the Committee, unless otherwise decided by the Committee.
6. Conduct of Proceedings: (1) Four members of a Committee shall constitute quorum for a meeting:
Provided that at the meeting held next after the meeting adjourned for lack of quorum, three members shall constitute the quorum.
(2) The decision of the Committee shall be expressed in terms of the opinion of the majority of the members present and voting at a meeting and, in case of equality of votes, the Chairman shall have a second vote.
(3) A member may give his views, in writing, on any matter discussed and put to vote.
(7) Views of members. A member shall, if so required by the Chairman, give his views in writing.
(8) Adjournment of a meeting: A meeting shall not be adjourned except:-
(1) for lack of quorum ; or
(2) for nay other reason to be recorded by the Chairman.
(9) Postponement of a meeting: A meeting may be postponed by the Chairman either on his own motion or otherwise, for reasons to be recorded.
(10) Absence of the Chairman and members from meeting: If the Chairman or a member is unable to attend a meeting, he shall duly inform the Committee of his inability to attend.
(11) Constitution of Sub-Committees: (1) The Committee may appoint such standing or ad-hoc Sub-committees as may appear to it to be necessary.
(3) Each Sub-committee shall consist of not less than two members.
Provided that the umber of members so co-opted shall in no case exceed the number of the members appointed by the Committee.
(12) Nomination of members or servants of a Local Committee for any specified work: (1) A Local Committee may nominate or depute a member or a servant of the Committee for any specified work connected with the performance of any function of the Local Committee.
(2) In case of emergency, if there is not enough time for convening a meeting of the Local Committee after due notice, the Chairman of the Local Committee may, for the purpose of sub-rule (1), act in anticipation of the Committee’s approval and shall convene a meeting of the Committee forthwith to get the said approval.
(13) Record of the Minutes: (1) The minutes of the meetings shall be recorded
and preserved in an appropriate manner.
(2) Copy of the minutes of a meeting will be sent to all the members, whether present in
the meeting or no, as soon after the meeting as possible.
(3) A copy of the minutes of the meeting shall be sent by the Local Committee to the Tehsil Committee ; by the Tehsil Committee to the District Committee ; and by the District Committee to the Provincial Zakat Council.
(4) The minutes of a meeting shall be confirmed, subject to such changes as may be
proposed and accepted, and signed by the Chairman in the next meeting.
THE BALOCUCHISTAN THESIL AND LOCAL COMMITTEES (REMOVAL OF CHAIRMAN AND MEMBERS) RULES, 1981.
In exercise of the power conferred by section 26 of the Zakat and Ushr Ordinance, 1980 (XVIII) of 1980), at the direction and with the approval of the Central Zakat Council, the Balochistan Provincial Zakat Council makes the following rules for the removal, under section 21A of the aid Ordinance, of the Chairmen of Tehsil Committee and Local Committees and the members of Local Committees:-
1. Short title, application and commencement. (1) These rules may be called the Tehsil and Local Committees (Removal of Chairmen and Members) Rule, 1981.
(2) These rules shall apply to all the Chairmen of the Tehsil Committees and the Local Committees in the Province.
(3) These rules shall come into force at once.
2. Definitions: In these rules, unless there is anything repugnant in the subject or context, the terms not defined in these rules shall have the same meaning as assigned to them in the Zakat and Ushr Ordinance, 1980 (XVIII of 1980), hereinafter referred to as the Ordinance ; and the Balochistan Local and Tehsil Zakat and Ushr Committee (Constitution) Rules, 1979, hereinafter referred to as the Rules, and
(a) ‘Appointed place’ includes the place fixed for the purposes of holding a special meeting of the Committee or arranging the gathering, for the purposes of these rules:
(b) ‘Appointed time’ includes the date and time fixed for the purpose of holding special meeting of the Committee or arranging a gathering for the purposes of these Rules:
(c) ‘Committee’ means a Tehsil Committee or a Local Committee:
(d) ‘Person’ means an adult Muslim resident of the locality of the Local Committee concerned;
(e) ‘special meeting’ means a special meeting of the Committee called for the purposes of these Rules ; and
(f) ‘Team’ includes a team of two or more persons, including at least one non-official member of the District Committee.
3. Initiation of Proceedings by the District Committee:-
(1) Where:-
(a) the District Committee receives a petition signed by not less than one held of the total number of the members of the Committee saying that the members of the Committee no longer have confidence in its Chairman, or
(b) on information received from some other source, or on their own the majority of the members of the District Committee present in the meeting are of the opinion that the adult Muslim residents of the locality may no longer be having confidence in a member selected by them, the District Committee may proceed further as hereinafter prescribed.
4. Enquiry by the District Committee:- After the District Committee have decided to proceed further as indicated in rule3, it may, unless it decides to take action under rule 5 straightway, appoint a team to hold a detailed enquiry in the matter. The item shall submit its report to the District Committee in fifteen days.
5. Convening a special meeting of the Committee or arranging a gathering in the locality: (1) If after considering the petition or the information received by it as given in rule 3 or after considering the report of the team referred to in rule 4, the District Committee is of the opinion that there are reasonable grounds to believe that the members of the Committee no longer have confidence in their Chairman or the persons no longer have confidence in the member selected by them, the District Committee shall convene a special meeting of that Committee or arrange for the gathering of the persons, as the case may be, at the appointed time and the appointed place:
Provided that when such a special meeting of the Committee is convened at a place other than the seat of the Committee or a gathering is arranged outside the local limits of the locality, the District Committee shall record reason for doing so.
(2) The notice of the special meeting of the Committee shall be sent to the Chairman and members of the Committee at least ten days before the holding of the meeting.
(3) The notice for the gathering shall be so publicized in the locality that the persons get at least ten days notice and a copy thereof shall be sent to the member against whom the motion is to be moved.
6. Presiding over the special meeting and the gathering: (1) The District Committee shall nominate one of its non-official members to preside over the special meeting of the Committee.
(2) The District Committee shall appoint a team to conduct the proceedings at the gathering.
7. Proceedings in the special meeting of the Committee: (1) At the special meeting, the presiding officer shall call upon the members present to move motion of no confidence against the Chairman.
(2) The motion may be moved by a member and seconded by another member. If the motion is not seconded by any other member, it shall be declared by the presiding officer to have failed.
(3) If the motion is seconded by another member, it shall be open to consideration by the members and any member may speak for or against the motion.
Provided that no member shall speak on the motion more than once and the Presiding officer may limit the period of time for which a member may speak.
(4) The Chairman of the Committee shall:-
(a) if present in the meeting, have a right to offer personal explanation, if any ; and
(b) if, for any reason, does not, or is unable to, attend the meeting, be entitled to send a written explanation which shall be read out at the meeting before the vote is taken on the motion.
(5) When, in the opinion of the presiding officer, the motion of no confidence has been sufficiently discussed, he shall call upon the members of the Committee present at the meeting to give their votes for or against the motion, by the raising of the hands.
(6) If the number of votes supporting the motion for no confidence is not less than two thirds of the total number of members constituting the Committee, excluding the Chairman, the presiding officer shall declare that the motion has been passed. If the motion is not supported by the above number of members, the presiding officer shall declare it to have failed.
(7) A declaration made by the residing officer under sub-rule (2) or sub-rule (6) shall be final and shall not be called in question before any authority.
(8) The Chairman of the Committee against whom a vote of no confidence is declared to have been passed shall be deemed to have vacated his office forthwith.
8. Arrangements for and the proceedings in the gathering:- (1) The arrangements for the gathering shall be made and the procedure in the gathering shall be adopted by the team, as far as possible, according to the corresponding arrangements and procedure prescribed in the Rules.
(3) The motion shall be deemed to have failed if there are less than one hundred adult Muslims of the locality present in the gathering.
(4) The team shall call upon the persons present in the gathering to move a motion of no confidence against the member concerned.
(5) The Motion may be moved by any person and seconded by another person. If the motion is not seconded by nay other person it shall be declared by the team to have failed.
(6) If the motion is seconded by another person, the team may allow a specified number of persons to speak for and against the motion but that number shall not exceed five each.
Provided that no person shall speak on the motion more than once and the team may limit the period of time for which a person may speak.
(7) The member against whom the motion is moved shall:-
(a) if present, have a right to offer his personal explanation, if any ; and
(b) if, for nay reason, does not, or is unable to, attend the meeting, be entitled to send a written explanation which shall be read out by the team.
(8) If the team finds, by whatever means it deems feasible and appropriate, e.g. by raising of the hands, that not less than two-third of the persons present are in favour of the motion, it shall declare the motion to have been passed, if the team finds that the above number of persons are not in favour of the motion, the team shall declare the motion to have a failed.
(9) A declaration made by the team under sub-rule (2), (4) or (7) shall be final and shall not be called in question before any authority.
(10) The member against whom a vote of no confidence is declared to have been passed shall be deemed to have vacated his office forthwith.
7. Report on the proceedings of the special meeting of the Committee or at the gathering:- (1) As soon after the special meeting of the Committee or the proceedings in the gathering as possible, the presiding officer or the team, as the case may be, shall send a report to the District Committee.
(2) In the report shall be given a brief account of the proceedings indicating the procedure adopted by the presiding officer or the team. The name of the member / person who proposed the motion and of the member / person who seconded it shall be given. The gist of the speeches made by various members / persons will also be given. In case the Chairman or the member against whom the motion has been moved had sent his written explanation, it shall be attached with the report in original or its attested copies will be sent. The number of the votes of the members for and against the motion will be given. Number of the votes of the members for and against the motion will be given. Number of the persons present in the gathering the number of the persons who voted for the motion and against the motion will also be given. The procedure adopted by the team to determine the number of the persons for the above purpose will also be indicated. The result of the proceedings will be clearly indicated. In the report shall also be mentioned any other not worthy aspect of the proceedings.
(3) The report shall be signed by the presiding officer / all the members of the team, as the case may be and shall be delivered to the District Committee at the earliest.
10. Motion of no confidence to be moved only after one year of election / selection or of failure of the previous motion:- No motion of no confidence shall be allowed against a Chairman or a member of a Committee unless one year has passed since his election or selection, as the case may be, or the failure of the previous motion against such Chairman or the member.
