Law: Auqaf (Federal Control) Act, 1976

Section: 2 , 7 , 11 , 12 , 13 , 21 , 22

Auqaf (Federal Control) Act (LVI of 1976)-- ---Ss. 2(f), 7, 11, 12, 13, 21 & 22---Scope and application. Auqaf (Federal Control) Act (IV[ of 1976)-- ---S. 11---Punjab Waqf Properties Ordinance (IV of 1979), S. 7---Petition for declaration to the effect that the property  or  any  part  of  it  was  not  waqf  property --Jurisdiction of ordinary Civil Courts is expressly barred by a special remedy provided in S. 7 of the Act of 1976. The scheme of the Act visibly demonstrates its clear intent that the remedy specified in the special legislation was exclusive and not concurrent. In view of the nature of the property and the issues involved for determination, it was thought fit to confer exclusive jurisdiction on the District Court to decide whether the property taken over was waqf or not and this matter was not left for decision by the ordinary Civil Courts. Parallel litigation in different  forums  was  not  contemplated.  Term `jurisdiction' which refers to the legal authority and the competence of the Court to administer justice is conferred by law only. It can neither be conferred nor taken away by consent of parties. Even submission shall not confer jurisdiction where it does not exist. Provisions in the Act LVI of 1956 later substituted by parallel provisions in Punjab Waqf Properties Ordinance, 1979 gave clear indication that jurisdiction of ordinary Civil Courts was   expressly barred by a special remedy provided in section 7 of the Act. Muhammad Sharif v. Chief Administrator of Auqaf, Punjab, Lahore 1971 S C M R 713; Sayyed Muhammad Ali Shah Bokhari v. The Chief Administrator of Auqaf Punjab, Lahore and 3 others 1972 S C M R 297; Mumtaz Hussain alias Bhutta v. Chief Administrator of Auqaf, Punjab, Lahore and another 1976 S C M R 450 and Muhammad Jamil Asghar v. The Improvement Trust, Rawalpindi P L D 19)5 S C 698 ref. Anjuman Insar Ul Islam v. Ghulam Oadir etc. P L D 1981 Lah. 737 foil. Jurisdiction-- ---Term "jurisdiction" connotes legal authority and the competence. Courts to administer justice. Jurisdiction-- ---Conferment of---Jurisdiction is conferred by law…