Print View

[Section Index]

The Waqfs Ordinance, 1962 (East Pakistan Ordinance)

( Ordinance NO. I Of 1962 )

Chapter III

POWERS AND FUNCTIONS OF THE ADMINISTRATOR AND THE COMMITTEE

Removal of mutawalli in certain cases and his liability for breach of trust
32. (1) Notwithstanding anything contained elsewhere in this Ordinance or in any other law for the time being in force, the Administrator may, on his own motion or on an application of any 1[beneficiary], remove a mutawalli-
 
 
(i) for breach of trust, mismanagement, malfeasance or misappropriation; or
 
 
 
 
(ii) for any act of the mutawalli causing loss of waqf property or affecting the proper administration, control or preservation of the waqf; or
 
 
 
 
(iii) if the mutawalli has been convicted more than once under section 61 of this Ordinance; or
 
 
 
 
(iv) if the existing mutawalli is found unsuitable, incompetent, negligent or otherwise undesirable:
 
 
 
 
Provided that no such order for removal of a mutawalli shall be made without giving him an opportunity of being heard.
 
 
 
 
(2) A mutawalli aggrieved by an order under sub-section (1) may, within three months from the date of communication of such order, appeal to the District Judge against such order of removal:
 
 
 
 
Provided that no appeal shall lie against an order under sub section (1) unless the mutawalli has made over charge of the waqf to the new mutawalli appointed under sub-section (4).
 
 
(3) A revision from every order passed in appeal by the District Judge under sub section (2), if presented within ninety days from the date of such order, shall lie to the 2[High Court Division], whose decision shall be final.
 
 
 
 
(4) When a mutawalli has been removed, or when a mutawalli has resigned and his resignation has been accepted, the Administrator may appoint a new mutawalli to whom the outgoing mutawalli shall make over possession and charge of management of the waqf property together with the cash and all papers relating thereto by such date as may be specified by the Administrator.
 
 
 
 
(5) If an outgoing mutawalli fails or refuses to make over possession and charge of management of the waqf property together with the cash and all papers relating thereto to the succeeding mutawalli under sub section (4), the succeeding mutawalli or the Administrator may apply to the Deputy Commissioner who shall evict the outgoing mutawalli and make over possession of the waqf property together with the cash and all papers relating thereto to the succeeding mutawalli or the Administrator, as the case may be.
 
 
 
 
(6) When a mutawalli commits a breach of trust or does any wrongful act causing loss to the waqf property, he shall be liable to make good the loss sustained by the waqf property or its beneficiaries.

  • 1
    The word “beneficiary” was substituted for the word “person” by section 5 of the Waqfs (Amendment) Act, 2013 (Act No. XVIII of 2013).
  • 2
    The words “High Court Division” were substituted for the words “High Court” by Article 7(1)(a) of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972) as amended by the Bangladesh Adaptation of Existing Laws (Amendment) Order, 1972 (President’s Order No. 150 of 1972)
Copyright © 2019, Legislative and Parliamentary Affairs Division
Ministry of Law, Justice and Parliamentary Affairs