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The Waqfs Ordinance, 1962 (East Pakistan Ordinance)

( Ordinance NO. I OF 1962 )

Chapter VI

TRANSFER OF WAQF PROPERTIES

Bar to transfer of immovable property of a waqf
56. (1) No transfer by a mutawalli of any immovable property of a waqf by way of sale, gift, mortgage or exchange, or by way of lease for a term exceeding 5 years shall be valid without the previous sanction of the Administrator:
 
 
 
 
Provided that the sanction by the Administrator shall not validate any transfer which is in contravention of any other law for the time being in force or is otherwise invalid.
 
 
 
 
(2) No Court shall grant permission to any Receiver appointed by the Court for the transfer of any waqf property unless the prior sanction of the Administrator has been obtained.
 
 
 
 
(3) In the absence of the sanction required by sub-section (1), any transfer made by a mutawalli shall be declared void, if the Administrator, within 4 months of his coming to know of such transfer, or within 3 years from the date of such transfer, whichever is later, applies to the Civil Court in this behalf.
 
 
 
 
(4) Where a mutawalli transfers a waqf property in contravention of sub section (1) and afterwards himself becomes the owner of the property, the mutawalli shall, on the direction of the Administrator, re convey the property to the waqf.
 
 
 
 
(5) Any transfer made in contravention of the provisions of sub section (1) shall be deemed to be an act of malfeasance and breach of trust for the purpose of sub-section (1) of section 32.
Power of Administrator to grant sanction to transfer
57. A mutawalli or a Receiver may apply to the Administrator for sanction to transfer waqf property under sub section (1) of section 56, and the Administrator, after making such enquiry and giving notice to such persons in such manner as he thinks fit and hearing them, if they desire to be heard, may accord sanction to such transfer on such terms and conditions as he may, in his discretion, impose:
 
 
 
 
Provided that where such transfer is to be made under an express power conferred by the waqf deed, the Administrator shall not refuse to accord sanction.
Sub-registrar not to register deeds.
1[57A. (1) Notwithstanding anything contained to the contrary in the Registration Act, 1908 (Act No. XVI of 1908), no Sub-registrar shall register any deed of transfer of any immovable property belonging to a waqf, without the previous sanction of the Administrator or the Government, as the case may be.
 
(2) If a Sub-registrar, knowingly and intentionally, registers a deed in violation of the prohibition under sub-section (1), he shall be liable for commission of the offence of abetment of criminal breach of trust.]
Bar to any debt, compromise and other transactions by mutawalli
58. (1) No debt incurred by a mutawalli shall be binding on a waqf property unless it is for the benefit of the waqf and previous written permission has been obtained from the Administrator authorising the incurring of such debt.
 
 
 
 
(2) No mutawalli shall compromise, compound, abandon, submit to arbitration or otherwise settle any debt, account or claim relating to a waqf or for any of these purposes enter into and execute any agreement or instrument of compromise or arrangement, without the previous permission of the Administrator.
 
 

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    Section 57A was inserted by section 6 of the Waqfs (Amendment) Act, 2013 (Act No. XVIII of 2013).
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