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The Waqfs Ordinance, 1962
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The Waqfs Ordinance, 1962

CHAPTER XI : MISCELLANEOUS ( Waqfs-1962 )
95. Certain functions under East Bengal Act XXVIII of 1951 to be performed by the Administrator

95. Notwithstanding anything contained in sections 58 and 59 of the 1[* * *] State Acquisition and Tenancy Act, 1950, the functions of the Commissioner of Waqfs under sub section (4) of section 58 and sub section (4) of section 59 of that Act and the functions of the Deputy Commissioner under sub section (3) of section 58 and sub-sections (1), (2) and (3) of section 59 of that Act, in respect of compensation for waqfs al al aulad properties, shall, with effect from the date of coming into force of this Ordinance, be performed by the Administrator; and the cost referred to in sub section (3) of section 59 of that Act, shall be met from the Waqf Fund.

96. Method of recovery of sums realisable as public demand

96. (1) Any sum of money payable by a mutawalli from the funds of a waqf to the Administrator under this Ordinance including any damage chargeable thereon and costs, if any, incurred, shall be recoverable as a public demand.

 
 
 
 

(2) The Administrator shall forward to the Deputy Commissioner a requisition in the form prescribed under the 1[* * *] Public Demands Recovery Act, 1913, under his signature specifying the sum recoverable under this Ordinance as a public demand, and the Deputy Commissioner, on receipt of such requisition, shall proceed to recover the sum under the 2[* * *] Public Demands Recovery Act, 1913.

97. Administrator and every officer and servant to maintain secrecy about particulars of waqfs

97. Subject to the provisions of this Ordinance, the Administrator and every officer and servant of his office shall maintain secrecy about the particulars and all other information relating to a waqf which comes into his possession in his capacity as Administrator or as an officer or servant of his office.

98. Administrator, Auditor, etc., to be deemed public servants

98. The Administrator, Deputy Administrator, Assistant Administrator, Inspector, Auditor and any other person appointed or authorised by the Administrator to do any act by or under this Ordinance shall be deemed to be a public servant within the meaning of section 21 of the 1[* * *] Penal Code, 1860.

99. Service of notice or requisition

99. A notice or requisition under this Ordinance may be served on the persons named in the notice or requisition either by post or as a summons issued by a Court under the Code of Civil Procedure, 1908, or in such manner as may be prescribed by the rules.

100. Attendance before Administrator may be either in person or by an agent

100. Any mutawalli or other person who is entitled to attend before the Administrator or any other officer subordinate to him in connection with any proceedings under this Ordinance may, with the permission of the Administrator or such other officer, as the case may be, attend either in person or through any person authorised by him in writing in that behalf.

101. Trial of offences

101. No Court inferior to that of a Magistrate of the First Class shall try any offence punishable under this Ordinance.

102. Bar to suits

102. Except as otherwise expressly provided in this Ordinance, no decision or order of the Administrator shall be questioned in any suit or other proceeding in any Court.

103. Effect of orders, etc., inconsistent with this Ordinance

103. Except as otherwise expressly provided in this Ordinance, every order made and every action taken under this Ordinance shall have effect notwithstanding anything inconsistent therewith contained in any document, decree or order of any Court, deed, enactment or any instrument having effect by virtue of any such enactment other than this Ordinance.

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