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The Waqfs Ordinance, 1962
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The Waqfs Ordinance, 1962

CHAPTER IV : ENROLMENT OF WAQFS ( Waqfs-1962 )
47. Enrolment of waqfs

47. (1) All waqfs existing at or created after the commencement of this Ordinance shall be enrolled at the office of the Administrator.

 
 
 
 
(2) An application for enrolment shall be made by the mutawalli:
 
 
 
 
Provided that any person interested in a waqf may apply for such enrolment.
 
 
(3) An application for enrolment shall be made in such form and manner and at such place as the Administrator may prescribe and shall obtain the following particulars as far as possible:
 
 
 
 
(a) a description of the waqf properties sufficient for the identification thereof;
 
 
 
 
(b) the gross annual income from such properties;
 
 
 
 
(c) the amount of rents, rates and taxes annually payable in respect of the waqf properties;
 
 
 
 
(d) an estimate of the expenses annually incurred in the realisation of the income of the waqf properties based on such details as are available;
 
 
 
 
(e) the amount set apart under the waqf for-
 
 
 
 
(i) the salary of the mutawalli and allowances to individuals;
 
 
 
 
(ii) purely religious purposes;
 
 
 
 
(iii) charitable purposes; and
 
 
 
 
(iv) any other purposes; and
 
 
 
 
(f) any other particulars prescribed by the Administrator.
 
 
 
 
(4) Every such application shall be accompanied by a true copy of the waqf deed or, if no such deed has been executed, or a copy thereof cannot be obtained, shall contain full particulars, as far as they are known to the applicant, of the origin, nature and objects of the waqf.
 
 
 
 
(5) The Administrator shall, on receipt of every application for enrolment and before enrolling any property therein as waqf property, send a copy of the application to the Deputy Commissioner of the district in which the property is situated and ascertain from him whether such property is the khas property of the Government. If the Deputy Commissioner objects to the enrolment on the ground that the said property belongs to the Central or the Government, the applicant shall be informed accordingly and, unless the applicant can produce a decision of the Civil Court to the contrary, the application for enrolment shall be rejected.
 
 
(6) Where an application for enrolment has not been rejected under sub section (5), the Administrator may, before enrolling the waqf, make such further enquiries as he thinks fit in respect of the genuineness and validity of the application, and the correctness of any particulars therein; and when the application is made by any person other than the person administering the waqf property the Administrator shall, before enrolling the waqf, give notice of the application to the person administering the waqf property and shall hear him if he desires to be heard.
 
 
 
 
(7) In the case of waqfs created before the date on which this Ordinance comes into force, the application for enrolment shall be made within three months from that date, and in case of waqfs created after that date within three months from the date of the creation of the waqf:
 
 
 
 
Provided that, in the case of a testamentary waqf, the application for enrolment shall be made within three months from the date on which this Ordinance comes into force or from the date of the death of the testator, whichever event happens later.
 
 
 
 
(8) Every application made under sub section (2) shall be written in the English or Bengali language and shall be signed and verified by the applicant in the manner provided in the Code of Civil Procedure, 1908, for the signing and verification of pleadings.
 
 
 
 
(9) If the applicant omits or refuses on notice to sign or verify the application, a note to that effect shall be made in the register maintained under section 48.

48. Register of waqfs

48. The Administrator shall maintain a register of waqfs which shall contain in respect of each waqf copies of the waqf deeds and the following particulars:-

 
 
 
 

(a) the name of the mutawalli;

 
 
 
 

(b) the rules of succession to the office of mutawalli under the waqf deed or by custom or usage;

 
 
 
 

(c) particulars of all waqf properties, and all title deeds and documents relating thereto;

 
 
 
 

(d) particulars of the scheme of administration and the scale of expenditure at the time of enrolment; and

 
 
 
 

(e) such other particulars as the Administrator may prescribe.

49. Power to cause enrolment of waqf and to amend register

49. The Administrator, on his own motion or on the petition of any person interested, verified in the manner referred to in sub section (8) of section 47, may direct a mutawalli to apply for the enrolment of a waqf or to supply any information regarding a waqf, or may himself collect such information, and may cause any waqf to be enrolled, or may at any time amend the register of waqfs.

50. Decision if a property is waqf property

50. Any question whether a particular property is waqf property or not shall be decided by the Administrator:

 
 
 
 

Provided that the mutawalli or any person aggrieved by any decision or order of the Administrator in this behalf may, within three months from the date of such decision or order, submit a petition to the District Judge in accordance with the provision of sub section (1) of section 35; and if such a petition is filed, the provisions of section 35 shall apply.

51. Notification of changes in enrolled waqfs

51. (1) In the case of any change in the management of an enrolled waqf due to the death, retirement or removal of the mutawalli, the prospective mutawalli who is eligible or who considers himself to be eligible to succeed to the office of mutawalli in terms of the waqf deed or according to the custom or usage of the waqf, shall forthwith, and any other person may, notify the change to the Administrator.

 
 
 
 

(2) In the case of any other change in any of the particulars mentioned in section 47, the mutawalli shall, within six months from the occurrence of the change, notify such change to the Administrator.

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