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The Waqfs Ordinance, 1962 (East Pakistan Ordinance)

( Ordinance NO. I Of 1962 )

Chapter I

Definitions
2. In this Ordinance, unless there is anything repugnant in the subject or context,-
 
 
 
 
(1) “Administrator” means the Administrator of Waqfs appointed under section 7;
 
 
 
 
(2) “beneficiary” means any person entitled to receive any pecuniary or other material benefits from a waqf and includes any institution, such as mosque, shrine, dargah, khanquah, school, madrasah, idgah or graveyard entitled to receive any such benefits;
 
 
(3) “benefit” does not include any benefit which a mutawalli is entitled to claim solely by reason of his being such mutawalli;
 
 
 
 
(4) “Committee” means the Waqfs Committee established under section 19;
 
 
 
 
1[(4A) “Deputy Commissioner” shall include Additional Deputy Commissioner]
 
 
 
 
(5) “enrolment” means the enrolment of a waqf under section 47;
 
 
 
 
(6) “mutawalli” means any person appointed either orally or under any deed or instrument by which a waqf has been created or by a competent authority to be the mutawalli of a waqf, and includes a naib mutawalli, any other person appointed or entrusted by a mutawalli to perform the duties of a mutawalli, the guardian of a mutawalli who is a minor or of unsound mind and any person or committee for the time being managing or administering any waqf property as such.
 
 
 
 
Explanation. A Receiver appointed under the provisions of the Code of Civil Procedure, 1908, or under section 145 or 146 of the Code of Criminal Procedure, 1898, to manage or administer a waqf property, or a Common Manager managing any waqf property under the provisions of any law for the time being in force, shall be deemed to be a mutawalli for the purposes of this Ordinance;
 
 
 
 
(7) “net available income” of a waqf means the income as determined from time to time, in the manner prescribed by the rules;
 
 
 
 
(8) “person interested in a waqf ” includes a beneficiary and any person who has a right to worship or to perform any religious rite in a mosque, idgah, imambarah, dargah, maqbara or other religious institution and establishment connected with the waqf or to participate in any religious or charitable institutions under the waqf;
 
 
 
 
(9) “stranger to waqf ” means a person other than a person interested within the meaning of clause (8);
 
 
(10) “waqf ” means the permanent dedication by a person professing Islam of any movable or immovable property for any purpose recognised by Muslim Law as pious, religious or charitable, and includes any other endowment or grant for the aforesaid purposes, a waqf by user, and a waqf created by a non Muslim.
 
 
 
 
Explanation. When more than fifty per cent of the net available income of a waqf is exclusively applied for religious and charitable purposes, such a waqf shall be deemed to be a public waqf within the meaning of clause (e) of sub-section (1) of section 85 of the 2[* * *] Non-Agricultural Tenancy Act, 1949 and shall be deemed to be a trust for public purposes of a charitable or religious nature within the meaning of section 92 of the Code of Civil Procedure, 1908, 3[* * *];
 
 
 
 
(11) “waqf deed” means any deed or instrument by which a waqf has been created and includes any valid subsequent deed or instrument by which any of the terms of the original dedication has been varied;
 
 
 
 
4[(11a) “waqf estate” means the totality of immovable properties, as well as movable properties, in respect of which the waqf is made by a deed; and no waqf property shall be designated as waqf estate if it consists of only movable properties;]
 
 
 
(12) “waqf property” includes property of any kind acquired with the sale proceeds of, or in exchange of, or from the income arising out of, waqf property, and all offerings made, or charities consecrated or contributed, on or to waqf property; and
 
 
 
 
(13) “waqif ” means any person creating a waqf.

  • 1
    Clause (4A) was inserted by section 3 of the Waqfs (Amendment) Ordinance, 1967 (East Pakistan Ordinance No. II of 1967)
  • 2
    The words “East Bengal” were omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)
  • 3
    The words, figures, comma and brackets “and section 14 of the Religious Endowments Act, 1863 (XX of 1863)” were omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
  • 4
    Clause (11a) was inserted by section 2 of the Waqfs (Amendment) Act, 2013 (Act No. XVIII of 2013).
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