Law: N.W. F. P. Charitable Institutions Act (VIII of 1949)

Section: 3

  N.W. F. P. Charitable Institutions Act (VIII of 1949),   S. 3 Words "the Provincial Government may by general or special order published in the Official Gazette . . . take over and assume the administration . . . . . of charitable institutions " Power rests with Provincial Government to declare property waqf Authentication of such order of Government-Can be made only by one of officers mentioned in r. 7 (2) of N.-W. F. P. Conduct of Business Rules-Order of Government under S. 3, N.-W. F. P. Charitable Institutions Act, 1949 signed by Administrator, Charitable Institutions - Not proper - N.-W. F. P. Gazette Notification No. 1087-C-1 dated 17-4-53-Declared ultra vires-Government of India Act, 1935, S. 59-N.-W. F. P. Charitable Institutions Rules, 1950, Sch. (2), Sr. No. 14-N.-W. F. P. Conduct of Business Rules, r. 7(2).   Dates of hearing: 15th February and 5th April 1965.   JUDGMENT   This first appeal arises out of the order of the Administrator, Charitable Institutions Department, Peshawar, dated the 28th of January 1958, rejecting the petition of Ghaus Muhammad Shah son of Murid Jafar Shah of D. I. Khan City, for the cancellation of Notification No. 1087/C. 1 dated the 17th of April 1953. The suit property situate in D. I. Khan, was taken over and declared as waqf by the order of the Government, dated the 17th of April 1953, vide Notification No. 1087-C. 1, published in N.-W. F. P. Gazette of the same date. This notification is signed by Pir Muhammad Khan Administrator, Charitable Institutions, for the Secretary Government, N.-W. F. P. Home Department and Department of Charitable Institutions N.-W. F. P.   The appellant alleged that the property was not a public waqf, and therefore, couldnot be brought under the control of the Department under section 3 of the N.-W. F. P. Charitable Institutions Act, VIII of 1949.   The following issues were framed:-   Is the petitioner in possession as owner from the time of his ancestors of the kotliknown as kotli Hazrat Imam Hussain at D. I. Khan from 1823?   Is the petitioner in enjoyment of Rs. 18 P.A. as muafi from before the British Ruleand the amount is being…