The meeting of Senate Committee on Delegated Legislation held on Monday with Senator Naseema Ehsan in chair considered the objection raised by Senator Maulana Atta-ur-Rehman against the Auqaf Rules, prepared by the ICT administration under the authority of the Waqf Properties Act, 2020.
The Interior Ministry representatives informed that all stakeholders were invited on February 9, 2023, to discuss and approve the proposed rules. The process was completed, and although the Ulema Council was not active, a Ulema Committee was formed. The process took one year, reaching its final shape in February 2024.
Senator Maulana Atta-ur-Rehman emphasized the need to consult with the Ulema and gain their trust. He suggested that the reasons should be discussed with the Ulema Council and the relevant documents presented to them. The committee members unanimously agreed to keep the Ulema Committee on board and to proceed with the consensus of all stakeholders. The committee meeting featured the participation of Senator Bushra Anjum Butt, Senator Atta-ur-Rehman, Senator Rubina Qaim Khani, Senator Poonjo Mal Bheel, the Special Secretary of the Ministry of Interior, the Additional Secretary of the Ministry of Law and Justice, the Chairman of the Council of Islamic Ideology, and senior representatives from the concerned ministries. A representative of the Ulema committee presented the challenges faced during the proceedings of the rules, adding that the Ministry of Interior deemed the rules incorrect and requested new rules.
The Chairman of the Council of Islamic Ideology (CII) noted that in Islamabad, due to the absence of a waqf manager, administrators have been given authority. It was observed that a knowledgeable leader should be chosen to facilitate societal harmony and goodness through their preaching.
The Additional Secretary of Law and Justice briefed the committee members on delegated and subordinate legislation, reporting that the Rules of Business, 1973, provide for the procedure of making subordinate legislation. He highlighted that, according to Article 8, inter-division consultations with consensus are necessary before finalizing draft subordinate legislation. He further reported that after finalizing the draft subordinate legislation, the administrative division is required to consult the Law and Justice Division for vetting under Rule 14. However, if the legislation is to be made by the Federal Government, the administrative division must initiate a summary for the Cabinet. The Cabinet has established the Cabinet Committee for Disposal of Legislative Cases (CCLC) to examine the draft before Cabinet approval. Upon the CCLC’s recommendation and Cabinet approval, the administrative division is responsible for publishing the legislation in the official Gazette.
