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THE WAQFS ORDINANCE, 1962

(EAST PAKISTAN ORDINANCE NO. I OF 1962).
  Part No : Chapter No : Section No: [ 19th January, 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
 
CHAPTER I
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.
CHAPTER II
APPOINTMENT OF ADMINISTRATOR OF WAQFS, OFFICERS AND STAFF, AND CONSTITUTION OF COMMITTEE
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
CHAPTER III
POWERS AND FUNCTIONS OF THE ADMINISTRATOR AND THE COMMITTEE
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
CHAPTER IV
ENROLMENT OF WAQFS
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
CHAPTER V
WAQFS ACCOUNTS
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
CHAPTER VI
TRANSFER OF WAQF PROPERTIES
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
CHAPTER VII
MUTAWALLIS
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
CHAPTER VIII
FINANCE
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
CHAPTER IX
JUDICIAL PROCEEDINGS
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
CHAPTER X
AMENDMENT AND REPEAL
87 to 94. [Repealed by the East Pakistan Repealing and Amending Ordinance, 1966 (East Pakistan Ordinance No. XIII of 1966)].
CHAPTER XI
MISCELLANEOUS
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
CHAPTER XII
RULES AND BY LAWS
104. Power to Government to make rules
105. Power to the Administrator to make by laws
 
 

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