Protection of Communal Properties of Minorities Ordinance, 2001.

ORDINANCE NO. V OF 2002
AN
ORDINANCE

to protect the properties of minority communities meant
for their communal use
WHEREAS in view of prevailing circumstances, it is the demand of the minority
communities to protect their properties meant for their communal use ;
AND WHEREAS the President is satisfied that circumstances exists which render it
necessary to take immediate action;
NOW, THEREFORE, in pursuance of the Proclamation of Emergency of the fourteenth
day of October, 1999, and the Provisional Constitution Order No.1 of 1999, read with the
Provisional Constitution (Amendment) Order No.9 of 1999, and in exercise of all other
powers enabling him in that behalf, the President of the Islamic Republic of Pakistan is pleased
to make and promulgate the following Ordinance:-
1. Short title, extent, commencement and application.- (1) This Ordinance may be called
the Protection of Communal Properties of Minorities Ordinance, 2001.
(2) It extends to the whole of Pakistan.
(3) It shall come into force at once.
(4) It shall apply to properties belonging to the minority communities in Pakistan
meant for their communal use.
2. Definition.- In this Ordinance, unless there is anything repugnant in the subject or
context, —
(a) “Commission” means the National Commission for Minorities.
(b) “Property” means places of worship, monasteries, seminaries, vicarages,
dharamshalas, gaoshalas, burial places, community centers, social welfare,
educational, health and recreational institutions meant for communal use of
minority communities and includes side buildings, vacant places, lands,
residential places or offices annexed to the said properties.
3. Ban on sale or transfer of minority communities properties.- (1) No property
of a minority community meant for its communal use shall be bought, sold or transferred by any
person without NOC from the Federal Government :
Provided that nothing contained herein shall apply to a property bought, sold or
transferred for a Housing Scheme, meant for a minority community, approved by a
Provincial or Federal Government.
The Protection of Communal Properties of Minorities Ordinance, 2001 2
(2) The N.O.C. referred to in sub-section (1) may be given by the Federal
Government on the recommendation of the National Commission for Minorities.
4. Ordinance not to apply to evacuee trust properties.— Nothing in this
Ordinance shall apply to the evacuee trust properties forming party of Trust Pool and vested in
the Federal Government under the Evacuee Trust Properties (Management and Disposal) Act,
1975 (XIII of 1975).
5. Punishment.—Whoever buys, sells or transfers any property belonging to a
minority community meant for its communal use in violation of section 3, shall be punishable
with imprisonment of either description which may extend to seven years and shall also be liable
to fine which shall not be less than one hundred thousand rupees and the sale or transfer
transaction shall be no legal effect.
6. Removal of difficulties.— If any difficulty arises in giving effect to any of the
provision of this Ordinance, the Federal Government may make such order, not inconsistent with
the provisions of this Ordinance, as may appear to be necessary for the purpose of removing the
difficulty.
7. Power to make rules.— The Federal Government may, by notification in the
official Gazette, make rules for carrying out the purposes of this Ordinance.

General,
PERVEZ MUSHARRAF,
President
_____________
Mr. JUSTICE,
MANSOOR AHMED,
Secretary.