The Waqfs Ordinance, 1962 (East Pakistan Ordinance)

( Ordinance NO. I Of 1962 )

An Ordinance to consolidate and amend the law relating to the administration and management of Waqf properties in Bangladesh.1

 
 
 
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

2. Definitions

3. Application

4. [Omitted.]

5. Power to exempt waqfs from the operation of this Ordinance

6. Survey of waqf properties

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

18. Travelling allowances

The Committee

19. Establishment of the Waqf Committee

20. Constitution of Committee

21. Term of Office of Members

22. Removal of Members

23. Resignation of Members

24. Casual vacancies

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

29. The Administrator and the Committee to carry out purposes of waqfs but Administrator may revise inoperative provisions

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

41. Creation of Reserve Fund

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

47. Enrolment of waqfs

48. Register of waqfs

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

61. Penalties

62. Purchase of property by mutawalli under certain conditions to be act of malfeasance and directions upon him to reconvey the same

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

69. Remuneration of mutawalli

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

73. Waqf Fund

74. Application of Waqf Fund

75. Accounts of Waqf Fund

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

87 to 94. [Repealed by the East Pakistan Repealing and Amending Ordinance, 1966 (East Pakistan Ordinance No. XIII of 1966)].

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

101. Trial of offences

102. Bar to suits

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