A Regulation for the due appropriation of the rents and produce of lands granted for the support of colleges and other purposes; for the maintenance and repair of public buildings; and for the custody and disposal of nazul property or escheats.
The general superintendence of all lands granted for the support of colleges and for other beneficial purposes, and of all public buildings, such as bridges, sarais, kattras and other
edifices, is hereby vested in the 3Deputy Commissioner
It shall be the duty of the 4Deputy Commissioner to take care that all endowments made for the maintenance of establishments of the above description be duly appropriated to the purpose for which they were destined by the Government or individual by whom such endowments were granted.
In like manner it shall be the duty of the 5Deputy Commissioner to provide, with the sanction of [the Government], for the due repair and maintenance of all public edifices which have been erected, either at the expense of the former or present Government or of individuals, and which either at present are or can conveniently be rendered conducive to the convenience of the community.
In those cases, however, in which any of the buildings in question have fallen to decay, and cannot, from that or other causes, be conveniently repaired, or are not calculated if repaired to afford any material accommodation to the public, the 6Deputy Commissioner shall recommend that they be sold on the public account, or otherwise disposed of, as may appear most expedient.
Under the foregoing rules it will of course be incumbent on the 7Deputy Commissioner to prevent any lands which have been granted for the support of establishments of the above description from being converted to the private use of individuals, or appropriated in any other mode contrary to the intent and will of the donor; and likewise to prevent all public edifices from being usurped by individuals and falling into the possession and exclusive use of private persons.
Whenever the 9Deputy Commissioner may be of opinion that any of the above-mentioned edifices required repair, he shall obtain the necessary estimates of the expense required for the execution of the work, and forward them to 10the Government for its approval.
The general superintendence of all nazal property or escheats is likewise hereby vested in the 11Deputy Commissioner who will inform himself fully through the channel hereafter mentioned of all property of that description, and direct whether it should be sold on the public account, or in what other mode it should be disposed of.
To enable the 12Deputy Commissioner the better to carry into effect the duties intrusted to him by this Regulation, local agents shall be appointed by the Government in each zila subject to the authority, control and orders of the 13Deputy Commissioner.
[This section was omitted by Article 3 and THE SCHEDULE of the Bangladesh Laws (Repealing and Amending) Order, 1973 (President's Order No. 12 of 1973)]
Under the provisions of the present Regulation it will of course be the duty of the agents to obtain full information from the public records, and by personal inquiries, respecting all endowments, establishments and buildings of the nature of those above-described, and of all nazul property or escheats, and to report to the 14Deputy Commissioner any instances in which they may have reason to believe that the lands or buildings are improperly appropriated; being in all cases careful not to infringe any private rights, or to occasion unnecessary trouble or vexation to individuals.
The said agents will further ascertain and report the names, together with other particulars, of the present trustees, managers or superintendents of the several institutions, foundations or establishments above described, whether under the designation of mutawali or any other, and by whom and under what authority appointed or elected, and whether in conformity to the special provisions of the original endowment and appropriation by the founder, or under any general rule or maxim applicable to such institutions and foundations.
The local agents will also report to the 15Deputy Commissioner all vacancies and casualties which may occur, with full information of all circumstances, to enable the 16Deputy Commissioner to judge the pretensions of the person or persons claiming the trust; particularly whether the succession have been heretofore by inheritance in the line of descent, or whether the successor have been in former instances elected, and by whom, or whether he has been nominated by the founder or his heir or representative, or by any other individual patron of the foundation, or by any officer or representative of the Government, or directly by the Government itself.
In those cases in which the nomination has usually rested with the present or former Government, or with a public officer, or of right appertains to 17the Government, in consequence of no private person being competent and entitled to make sufficient provision for the succession to the trust and management, it will be the further duty of the local agents to propose, for the approval and confirmation of the 18Deputy Commissioner, a fit person or persons for the charge of trustee or manager and superintendent, duly attending to the qualifications of the person selected, and to any special provisions of the original endowment and foundation, and to the general rules or the known usages of the country applicable to such cases.
On the receipt of the report and information required by the preceding clause, the 20Deputy Commissioner will either appoint the person or persons nominated for his approval, or will make such other provision for the trust, superintendence and management as may be right and fit with reference to the nature and conditions of the endowment having previously called for any requisite further information from the local agents.
Nothing contained in this Regulation shall be construed to preclude any individual who may conceive that he has just grounds of complaint on account of any orders which may be passed by any of the above-mentioned authorities, with respect to the appropriation of any lands or buildings of the nature of those above-described, from suing for the recovery thereof in the regular course of law, or for compensation in damages for any loss or injury supposed to have been unduly sustained by him.
It is to be clearly understood that the object of the present Regulation is solely to provide for the due appropriation of lands granted for public purpose agreeably to the intent of the grantor, and not to resume any part of the produce of them for the benefit of the Government.
In like manner it is fully intended that all buildings erected by the former or present Government or by individuals for the convenience of the public should be exclusively appropriated to that purpose, with the exception of such as have fallen to decay and cannot from that or any other cause be conveniently repaired, or which, under existing circumstances, can no longer contribute to the accommodation of the community.