7. (1) The Government shall appoint an Administrator of Waqfs 1[for Bangladesh].

(2) No person shall be appointed as Administrator unless he is a Muslim and possesses such qualifications as may be prescribed by the rules.

(3) The Administrator shall ordinarily be appointed for five years, and shall be eligible for re appointment.

8. Subject to the provisions of this Ordinance, the salary and the terms and conditions of service of the Administrator shall be such as may be prescribed by the rules.

9. If at any time it appears to the Government that the Administrator has shown himself to be unsuitable for his office, or has been guilty of misconduct or neglect which renders his removal expedient, it may, by notification in the official Gazette, declare that the Administrator shall cease to hold such office.

10. The Administrator shall be deemed to be a public officer within the meaning of the Code of Civil Procedure, 1908.

11. The Administrator shall be a corporation sole by name of “the Administrator of Waqfs, Bangladesh” and shall have perpetual succession and an official seal and shall by the said name sue and be sued.

12. The office of the Administrator shall be situated at Dacca.

13. The Government may, in consultation with the Administrator, appoint such number of Deputy Administrators and Assistant Administrators as may be deemed necessary.

14. The salaries, and the terms and conditions of service, of the Deputy Administrators and Assistant Administrators shall be such as may be prescribed by the rules.

15. The Administrator, with the previous sanction of the Government, may, from time to time, determine the number, designations and grades of other officers and servants whom he considers necessary to employ for the purposes of this Ordinance and the amount and nature of the salary, fees and allowances to be paid to each such officer and servant.

16. The conditions of service of the officers and servants mentioned in section 15 shall be such as may be prescribed by the rules.

17. The power of appointing, promoting and granting leave to officers and servants mentioned in section 15 and reducing, suspending or dismissing them for misconduct, shall be vested in the Administrator:

18. There shall be paid to Administrator, Deputy Administrators, Assistant Administrators and other officers and servants allowances for journeys undertaken in the discharge of their duties under this Ordinance at such reasonable rates as may, from time to time, be determined by the Government.

19. The Government shall establish a Committee to be called the Waqfs Committee for assisting and advising the Administrator in administering the waqfs and their funds and in the exercise and performance of his powers and duties in accordance with the provisions of this Ordinance.

20. (1) The Committee shall consist of the Administrator as Chairman and ten members to be appointed by the Government of whom one shall be a mutawalli of Shia sect, and three shall be mutawallis of the Sunni sect, and the remaining six shall be from among the prominent, respectable and benevolent citizens of the Muslim community, well versed in Muslim Law.

21. (1) Every member of the Committee shall hold office for a term of five years, and shall, if otherwise qualified, be eligible for reappointment on the expiry of his term of office.

(2) A member of the Committee, notwithstanding the expiry of his term of office, shall continue to hold office until the vacancy caused by the expiry of the said term has been filled.

(3) If any mutawalli, who is, as such, a member of the Committee, ceases to be a mutawalli, the Government shall, by notification in the official Gazette, declare his place to be vacant.

22. (1) The Government may, by notification in the official Gazette, remove any member of the Committee, if he-

(a) refuses to act or becomes incapable of acting as a member of the Committee;

(b) is declared insolvent;

(c) has been or is convicted of any such offence or has been or is subjected by a criminal Court to any such order which, in the opinion of the Government, renders him unfit to continue as a member of the Committee; or

(d) is absent without the permission of the Committee from more than three consecutive meetings of the Committee.

(2) The Government may fix a period during which any person so removed shall not be eligible for reappointment.

23. A member of the Committee may resign his office by giving notice in writing to the Government, and, on such resignation being accepted, shall be deemed to have vacated his office.

24. When the place of a member of the Committee is declared vacant under sub section (3) of section 21 or becomes vacant by his removal under section 22 or resignation under section 23, or by death, a new member shall be appointed in the manner provided in section 20 and shall hold office so long as the member whose place he fills would have been entitled to hold office if such vacancy had not occurred:

Provided that no act of the Committee shall be deemed to be invalid by reason only that the number of members of the Committee at the time of the performance of such act was less than the number provided in section 20.

25. (1) The presence of at least four members of the Committee shall be necessary to form a quorum at a meeting of the Committee.

(2) The Administrator, or, in his absence, a member elected by the members present at a meeting of the Committee, shall preside at every meeting of the Committee, and shall have a second or casting vote in all cases of equality of votes.

26. There shall be paid to each member of the Committee, allowances for journeys undertaken in the discharge of their duties under this Ordinance at such reasonable rates as may, from time to time, be determined by the Government.