Transcript of northwest ordinance 1787 printfriendly version. Townships and division of land ordinance 11 of 1963 b which is represented by a diagram annexed to a deed conveying it as a public place to a local authority in pursuance of any subdivision of land. Townships and division of land ordinance 11 of 1963. Section 103 of the waqf ordinance 1962, however, provides that this ordinance shall have effect notwithstanding anything inconsistent therewith contained in any. Whereas it is expedient to consolidate the law relating to the registration of medical practitioners and dentists and reconstitute the 1medical and dental council in pakistan in order to establish a uniform minimum standard of basic. There is, however, no harm in selling it in certain circumstances, as mentioned in rules nos. It is also claimed that almost one third lands of dhaka city is waqf properties. Be it enacted by parliament in the fifth year of the republic of india as follows. Townships and division of land amendment ordinance 36 of 1967 og 2837 came into force on date of publication.
With rules and uptodate decisions bangladesh, purnendu bikash chowdhury anima chowdhury, 1988 charitable uses, trusts, and foundations islamic law 202 pages. After 1947, it was amended in pakistan and renamed as the east pakistan waqf ordinance 1962. Transcript of northwest ordinance 1787 print friendly version sec. The administrator is responsible for managing 70,955 acres but it faces difficulty due to shortages in funding and personnel. Finally, beneficiaries, persons or purposes, must be alive and. The waqf founder should be legally fit and apt to take such an action, the purpose of the waqf must, in the ultimate analysis be an act of charity from both points of view of sharicah and of the founder.
An analysis of disbursement of waqf funds and their. Be it enacted by parliament in the thirteenth year of the republic of india as follows. An act to provide for the better administration and supervision of wakfs. I of 1962 an ordinance to consolidate and amend the law relating to the administration and management of waqf properties in bangladesh. See khoo salma nasution, colonial intervention and transformation of muslim waqf settlements in urban penang. Rental of waqf properties and disbursement of the proceeds. Townships and division of land ordinance 11 of 1963 og 2487 came into force on date of publication. The branch of government that is given the authority to interpret and apply the law, adjudicates legal disputes, and otherwise administers justice. The state constitution makes a provision that they can expand the sources of revenues for socioeconomic purposes. The waqfs ordinance 1962 english trust law magistrate. Act 36 of 1963 not to apply for recovery of waqf properties.
The waqfs ordinance, 1962 east pakistan ordinance 2. Section of the waqfs defines both and dedicated put pose that fa within the s jurisdictions. The government of bangladesh established the office of the waqf administrator to manage those properties. In this ordinance, unless the context otherwise requires, the following expressions shall have the meanings hereby respectively assigned to them, that is to say. Be it enacted by parliament in the fortysixth year of the republic of india as follows. The waqf ordinance 1962 was promulgated for better management of waqf properties after repealing the bengal waqf act 1934. All in all, disorganized administration and management of waqf in the past such as the absence of written records of waqf land and failure to register waqf land have left the sirc with two major problems to solve. When the ceiling of land to be retained by a family was increased from 100 bighas to 375 bighas during the martial law rule of pakistan, landholding per family substantially went down amongst average peasant families, and. An ordinance to provide for the proper management and administration of waqf properties in the province of the punjab.
Pdf historical development of waqf governance in bangladesh. The waqf and human security in muslim majority countries. Waqf means the onetime donation of the property of a person by him for purpose considered by the islami shariah as religious, pious or charitable waqf ordinance 1962, clause 174. Section2 of the waqf ordinance, 1962 states that 10 waqf means the permanent dedication by a person professing islam of any movable or immovable property for any purpose recognised by muslim law as pious, religious or charitable, and includes any other endowment or grant for the aforesaid purposes, a waqf by user, and a waqf created. For instance, as andrew harding points out, 2 early colonial judges had to decide awkward questions.
Now, therefore, in pursuance of the presidential proclamation of the. A conceptual model for interstate corporate waqf financing for higher learning ahmad faizul shamsudin corresponding author kolej universiti islam sultan azlan shah, bukit chandan bandar diraja kuala kangsar, 33000, perak darul ridzuan, malaysia tel. Banking companies recovery of loans, advances, credits and finances ordinance, 1997. Bangladesh has a waqf infrastructure similar to and with elements from those in india and pakistan. Revitalization of waqf for socio economic development and. During the pakistan period, the waqf ordinance 1962 governed awqaf in the east pakistan. Waqf is very unique and beneficial for poverty alleviation programmes. Limited application of ordinance to cooperative banks omitted 2 3a. Though the government of the then pakistan promulgated an ordinance titled as the waqfs ordinance, 1962 east pakistan which was latter on amended by the then government of. Townships and division of land amendment ordinance 7 of 1969 og 2983. Compensation for acquisition of waqf property to be paid to the administrator. The definition of in section 2 of the waqfs ordinance 1962 defines cash as an endowment grant fund that falls under the definition of wag the mentioned in the as is deemed to be by the definition of waqf. An act to provide for the administration of pondicherry and for matters connected therewith. Waqf assets producing goods and service farms, fountains bridges, public utilities etc cashcommodity based investment of the waqf principle and disbursement of proceeds direct lending of the waqf principle to the needy student seeds to farmers cash to 7 waqf typology le.
Feb 16, 2015 islamic investment funds equity fund baialdain mixed fund waqf batulmal realistic evaluation of islamic banking in pakistan slideshare uses cookies to improve functionality and performance, and to provide you with relevant advertising. After independence the government of bangladesh retained and adapted the waqf ordinance 1962 as such2 in. Transcript of northwest ordinance 1787 printfriendly. Restoration of waqf properties in occupation of government agencies to waqf board. This project will portray the meaning and essential elements of a valid waqf, evolution of the concept of waqf and various kinds of waqf under muslim law. The waqfs ordinance 1962 east pakistan ordinance no. Be it enacted by parliament in the forty sixth year of the republic of india as follows. Section 210 of the waqfs ordinance 1962 defines waqf as both movable and immovable assets.
The banking companies ordinance, 1962 banking companies. Title, the waqfs ordinance, 1962 east pakistan ordinance no. In this act, unless the context otherwise requires. Banking companies recovery of loans ordinance, 1979. Section 103 of the waqf ordinance 1962, however, provides that this ordinance shall have effect notwithstanding anything inconsistent therewith contained in any document, decree or order of any court. Whereas it is expedient to amend and consolidate the law relating to civil courts in the province of 3 the punjab. Judiciary and legislation both are playing significant roles in the development of law. Now, therefore, in pursuance of the presidential proclamation of. The administrator is responsible for managing 70,955 acres but it faces difficulty due to. An analysis of disbursement of waqf funds and their potential. Introduction due to its colonial past, the laws of singapore are essentially derived from english law.
An act to provide for the better administration of 1auqaf and for matters connected therewith or incidental thereto. Idb has been innovative and successful in utilising the institutions of zakat, awqaf and sadaqat to alleviate poverty, but. As we know there are three brunches of a democratic government, judiciary and legislation are among those two. First, the sirc has difficulties in identifying the actual number, size and locations of the waqf land. As a muslimmajority country, bangladesh is yet to incorporate the islamic tools of poverty eradication like zakah and waqf in the national poverty eradication policies and strategies though waqf resources pose huge potentialities to attain sustainable development goal1 aiming at ending poverty. The waqf ordinance 1962 regulates waqf estates and related activities in bangladesh. Waqf ordinance 1962 which is still governing waqf administration in bangladesh.
Among these revenues are waqf, zakat and similar islamic religious revenue. Islamic republic of pakistans federal, provincial, and. It is possible for the state islamic religious council itself to create waqf over its own lands through the concept of irsod. Contributions regulation ordinance 1982 v the society registration act, 1860 vi the trust act 1882 vii the companies act 1994 viii the waqf ordinance 1962 and ix the mussalman waqf validating act 19. The ordinance as amended up to 31st may, 1997 the banking companies ordinance, 1962 lvii of 1962 contents part i preliminary sections. Some jurists approve temporary waqf only in the case of family waqf. The following ordinance by the governor of the punjab is hereby published for general information. After independence the government of bangladesh retained and adapted the waqf ordinance 1962 as such2 in accordance with article 5. Explanation 1 if a property has been used from time immemorial for any purpose recognised by islam as religious, pious or charitable, then inspite of there being. Power of board and chief executive officer to require copies of documents, etc. Section of the waqfs defines both and dedicated put. Other acts governing the nonprofit or voluntary social welfare and charitable. Repealed by the east pakistan repealing and amending ordinance, 1966 east pakistan ordinance no.
Debts recovery appellate tribunal procedure rules, 1994 109. Under the ministry of religious affairs, the waqf administrator functions as the apex authority under section 7 but with a waqf committee in an advisory role established under section 19 of the waqf ordinance 1962. Powers of central government to constitute common boards. This chapter provides a critical overview of awqaf muslim religious endowments and their social security supporting activities by exploring its current status in the law and society as well as in matters relating to social and human security. Waqf means and includes any permanent dedication by a person professing the muslim faith of. Text the medical and dental council ordinance, 1962 xxxii of 1962 5th june, 1962 an ordinance to reconstitute the 1medical and dental council in pakistan. In this project conseqences of waqf will be dealt and the powers which a mutawali enjoys. All endowment or grant made by an appropriator for the aforesaid purposes are treated as waqf.
It replaced a smaller organization formed in 1962 by the waqfs ordinance. Waqf estates in bangladesh are governed by the ministry of. If a person makes something waqf, it ceases to be his property, and neither he nor anybody else can either gift it or sell it to any person. The charitable and religious trusts act, 1920 bangladesh code. The definition of waqf in section 2 of the waqfs ordinance 1962 includes any other endowment or grant to be within the ambit of waqf for the purposes mentioned in the ordinance section 210 of the waqfs ordinance 1962, as such cash waqf is deemed to be covered by the definition. Administration of the religion of islam federal territories act 1993 and enactments for the states singapore. General principles regarding the administration and management of the waqf under the muslim personal law. Provincial industrial development corporation west pakistan ordinance 1962 provincial insolvency act 1920 provincial labour laws application to the tribal areas of baluchistan regulation 1974. The punjab waqf properties ordinance, 1979 josh and mak.
The representatives thus elected, shall serve for the term of two years. Cash waqf in bangladesh and the need for innovative approach. The waqfs ordinance, 1962 east pakistan ordinance no. It deals with questions like how and why has it changed over the years. Then in 1962 the waqf ordinance of 1962 was enacted without repealing the bengal waqf act of 1934 and to date the status of the act so remains. An ordinance to consolidate and amend the law relating to the administration and management of waqf properties in bangladesh whereas it is expedient.