An Ordinance to consolidate and amend the law relating to the administration and management of Waqf properties in Bangladesh.♣
WHEREAS it is expedient to consolidate and amend the law relating to the administration and management of Waqf properties in Bangladesh;
NOW, THEREFORE, in pursuance of the Presidential Proclamation of the seventh day of October, 1958, and having received the previous instructions of the President, the Governor is pleased, in exercise of all powers enabling him in that behalf, to make and promulgate the following Ordinance, namely:-
CONTENTS
SECTIONS
1. Short title, extent and commencement
5. Power to exempt waqfs from the operation of this Ordinance
6A. Record-of-Rights, separate khatian, etc.
The Administrator of Waqfs
7. Appointment of the Administrator
8. Terms and conditions of service of the Administrator
9. Removal of the Administrator
10. Administrator to be a public officer
11. Administrator to be a Corporation sole
12. Office of the Administrator
13. Appointment of Deputy and Assistant Administrators
14. Remuneration of the Deputy Administrators and Assistant Administrators
Other Officers and Servants
15. Strength and remuneration of staff
16. Service condition of the officers and servants
17. Power of appointment, etc., vested in the Administrator
The Committee
19. Establishment of the Waqf Committee
25. Quorum and President at meetings of the Committee
26. Allowance to Members for journeys
27. General powers and functions of the Administrator
28. General powers and functions of the Committee
30. Exercise of Committee’s powers by Administrator
31. Powers and duties of the Deputy Administrators and Assistant Administrators
31A. Magistarial powers of Administator and others.
32. Removal of mutawalli in certain cases and his liability for breach of trust
33. Power of the Administrator to transfer waqf property
34. Administrator may take over waqf property by notification
35. Petition and appeal against notification or order by Administrator
36. Exercise of powers through Deputy Commissioners, or others
37. Application for enquiry or audit of accounts
38. Power of the Administrator for the purpose of an enquiry under this Ordinance
39. Protection of waqfs from mismanagement
40. Power of mutawalli to apply for directions
42. Power to pay dues in case of default by mutawalli
43. Power to appoint a mutawalli in certain cases
44. Appointment of official mutawalli
45. Inspection of records and granting of copies
46. Extension of time for performance of an act
49. Power to cause enrolment of waqf and to amend register
50. Decision if a property is waqf property
51. Notification of changes in enrolled waqfs
52. Submission of accounts of waqfs
53. Audit of accounts of waqfs
54. Administrator to pass orders on auditor's report
55. Sums certified due recoverable as public demand
56. Bar to transfer of immovable property of a waqf
57. Power of Administrator to grant sanction to transfer
57A. Sub-registrar not to register deeds.
58. Bar to any debt, compromise and other transactions by mutawalli
59. Matawalli to convert property and invest money in certain cases
60. Mutawalli entitled to pay certain costs from waqf property fund
63. Penalties against outgoing mutawallis
64. Action against trespassers and miscreants
65. Resignation, retirement or discharge of a mutawalli
66. Mutawalli cannot delegate except with the permission of the Administrator
67. Co mutawallis cannot act singly
68. Control of discretionary power
69A. Redetermination of monetary amounts.
70. Fixation of Imam's pay and his appointment and removal by Administrator
71. Annual contributions payable to the office of the Administrator
72. Administrator may borrow money
76. Audit of accounts of Waqf Fund
77. Government to pass orders on auditor's report
78. Sums certified due recoverable as public demand
79. Deposits of decretal amount in Court in certain waqf cases
80. Bar to compromise of suits, etc., without sanction of the Administrator
81. Notice of suits, etc., to be given to the Administrator
82. Administrator may be made a party to a suit or proceeding regarding a waqf on his application
83. Administrator may institute suit or proceeding regarding a waqf
84. Breach of trust by a beneficiary
85. Compensation for acquisition of waqf property to be paid to the Administrator
86. Cost in suits or proceedings
95. Certain functions under East Bengal Act XXVIII of 1951 to be performed by the Administrator
96. Method of recovery of sums realisable as public demand
97. Administrator and every officer and servant to maintain secrecy about particulars of waqfs
98. Administrator, Auditor, etc., to be deemed public servants
99. Service of notice or requisition
100. Attendance before Administrator may be either in person or by an agent
103. Effect of orders, etc., inconsistent with this Ordinance
104. Power to Government to make rules
105. Power to the Administrator to make by laws
| Authentic Bangla Text |