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The Waqfs Ordinance, 1962 (East Pakistan Ordinance)

( Ordinance NO. I Of 1962 )

Chapter III

POWERS AND FUNCTIONS OF THE ADMINISTRATOR AND THE COMMITTEE

Petition and appeal against notification or order by Administrator
35. (1) The mutawalli, or any person claiming any interest in the property in respect of which a notification has been issued under sub section (1) of section 34, may, if aggrieved by such notification, submit a petition within three months of the publication of such notification or of the passing of such order, to the District Judge within whose jurisdiction such waqf property or a part thereof is situated, for a declaration,-
 
 
 
 
(a) that the property is not a waqf property; or
 
 
 
 
(b) that the property is waqf property within the limits stated in the petition.
 
 
 
 
(2) The District Judge may pass such order as he thinks fit after hearing the parties, or he may, for reasons to be recorded in writing, refuse to issue any process for compelling the attendance of any witness or the production of any document, if he considers that the petition has been made for the purpose of vexation and delay, and dismiss the petition summarily.
 
 
 
 
(3) Any person aggrieved by the decision of the District Judge under sub section (2) may, within sixty days of the order, appeal to the 1[High Court Division].
 
 
 
 
(4) The decision of the District Judge, or when there is an appeal, the decision of the 2[High Court Division], shall be final.

  • 1
    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)
  • 2
    The words “High Court Division” were substituted for the words “High Court” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
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