An Act to establish an Islamic Foundation. WHEREAS it is expedient to establish an Islamic Foundation for the purposes of founding, managing and assisting mosques and Islamic centres, academies and institutes, undertaking research on the contributions of Islam to culture, science and civilization, propagating the basic Islamic ideals of universal brotherhood, tolerance and justice and promoting studies and research in Islamic history, philosophy, law and jurisprudence and to provide for matters connected therewith; It is hereby enacted as follows:-
Section 1. Short title and commencement
(1) This Act may be called the Islamic Foundation Act, 1975.
(2) It shall be deemed to have come into force on the 28th day of March, 1975.
Section 2. Definitions
In this Act, unless there is anything repugnant in the subject or context,-
(a) “Board” means the Board of 1Governors of the Foundation;
(b) “Chairman” means the Chairman of the Board;
2(bb) “Director-General” means the Director-General appointed under section 5A;
(c) “Foundation” means the Islamic Foundation established under this Act;
3(cc) “Governor” means a member of the Board;
4(d) “prescribed” means prescribed by rules 5;
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Section 3. Establishment of the Foundation
(1) As soon as may be after the commencement of this Act, the Government shall, by notification in the official Gazette, establish a Foundation to be called the Islamic Foundation to carry out the purposes of this Act.
(2) The Foundation shall be a body corporate having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and shall by the said name sue and be sued.
Section 4. Head office
(1) The head office of the Foundation shall be at Dacca.
(2) The Foundation may establish as many branches and at such places as it thinks fit.
Section 5. General direction
The general direction and administration of the affairs of the Foundation shall vest in a Board of 7Governors which may exercise all powers and do all things which may be exercised or done by the Foundation.
Director-General
85A. (1) There shall be a Director-General of the Foundation to be appointed by the Government on such terms and conditions as it may determine.
(2) The Director-General shall be the chief executive officer of the Foundation with responsibilities for carrying out the decisions of the Board and shall act as the Secretary of the Board.
Board
96. (1) The Board shall consist of the following Governors, namely:-
(a) the Minister-in-charge of the 10Ministry of Religious Affairs, who shall also be the Chairman of the Board, ex-officio;
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(b) the Chairman, University Grants Commission of Bangladesh, ex-officio;
12(c) the secretary, Ministry of Religious Affairs, ex-officio;
(d) the Vice-Chancellor, Islamic University, ex-officio;
(e) the Chairman, Bangladesh Madrasha Education Board, ex-officio;
(f) three persons to be elected by the members of the Foundation from amongst their number in such manner as may be prescribed by regulations;
(g) five persons to be nominated by the Government from amongst the eminent Muslim scholars and theologians of Bangladesh;
(h) two members of Parliament to be nominated by the Government; and
(i) the Director General, who shall also be the Member-Secretary of the Board, ex-officio.
(2) A Governor, other than an ex-officio Governor, shall hold office for a term of three years:
Provided that notwithstanding the expiration of his term, a Governor, other than an ex-officio Governor, shall continue to hold office until his successor enters upon office.
(3) A Governor, other than an ex-officio Governor, may resign his office by notice in writing addressed to the Chairman.
(4) The Government may declare the office of a Governor, other than an ex-officio Governor, vacant if it is satisfied that-
(a) such Governor is, by reason of illness or any other cause, unable to discharge the functions of his office; or
(b) his continuance in office is not in the interest of the Foundation.
(5) No act or proceeding of the Board shall be invalid or be called in question merely on the ground of any vacancy in, or any defect in the constitution of, the Board.
Section 7. Meetings of the Board
(1) The meetings of the Board shall be held at such times and places as may be prescribed:
Provided that until so prescribed, such meetings shall be held at such times and places as may be determined by the Chairman.
(2) To constitute a quorum at a meeting of the Board, not less than five 13Governors shall be present.
(3) All questions at a meeting of the Board shall be decided by a majority of the 14Governors present and voting, and in the case of an equality of votes the person presiding shall have a second or casting vote.
15(4) All meetings of the Board shall be presided over by the Chairman and, in his absence, by a Governor nominated for the purpose by the Chairman.
Section 8. Appointment of committees
The Board may appoint such committee or committees as it thinks fit to assist it in the efficient discharge of its functions.
Members of the Foundation
169. (1) The Foundation may have its Patrons, Fellows, life-members and members who shall have, subject to the provisions of this Act, such functions and privileges as may be prescribed.
(2) Without prejudice to their own functions and privileges, the Patrons and Fellows shall also have the functions and privileges of the life-members.
(3) The Board shall enter in its books maintained for the purpose-
(a) as Patrons of the Foundation the names of such distinguished persons as may, upon its invitation, consent to be such Patrons; and
(b) as Fellows of the Foundation the names of such persons with outstanding contributions in the field of Islamic learning and social service as may desire or agree to be such Fellows.
(4) A Patron or a Fellow of the Foundation shall, unless he indicates his desire to relinquish the privilege, continue to be such Patron or Fellow during his life-time.
(5) The Board may, on an application made in this behalf, admit in such manner and upon fulfilment of such conditions as may be prescribed any person having interest in the objects and purposes of the Foundation as a life-member or a member of the Foundation.
Section 9A. Meetings of the members
(1) The Board shall convene every year an annual general meeting of the members of the Foundation,-
a) to consider the annual report of the activities of the Foundation during the next preceding year to be laid before the meeting by the Director-General;
b) to offer suggestions in respect of the functions and activities of the Foundation for the consideration of the Board; and
c) to elect, as and when necessary, the Governors required to be elected to the Board by the members of the Foundation.
(2) The Board may at any time convene other general meetings of the members of the Foundation to consider such matters as may be placed before the meeting.
17 18(3) A general meeting of the members of the Foundation shall be presided over by the Chairman and, in his absence, by a Governor nominated for the purpose by the Chairman.
(4) The proceedings of the general meeting of the Foundation shall be regulated in such manner as may be prescribed by regulations made under this Act.
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Appointment of Officers, etc.
1910. (1) There shall be a Secretary of the Foundation who shall be appointed by the Government on such terms and conditions as it may determine and perform such functions as the Board or the Director-General may assign to him.
(2) The Foundation may appoint such officers and other employees as it considers necessary for the efficient performance of its functions on such terms and conditions as may be prescribed.
Section 11. Functions
The functions of the Foundation shall be-
(a) to establish, manage and maintain mosques and Islamic centres, academies and 20institutes;
(b) to render financial assistance to mosques and Islamic centres, 21academies, institutes and organisations dedicated to social services;
(c) to undertake research on the contributions of Islam to culture, thoughts, science and civilization;
(d) to propagate and assist in propagating the basic Islamic ideals of universal brotherhood, tolerance and justice 22and to recommend measures, including institutional development, for the realisation of Islamic values and principles in the cultural, social and economic life of the community;
(e) to organize and promote studies and research in Islamic history, philosophy, culture, law and jurisprudence 23with a view to popularising Islamic values and principles and to publish, and promote the publication and dissemination at cheap prices of popular Islamic Literature;
24(f) to translate, compile and publish books, periodicals and pamphlets on Islam and Islamic subject;
(g) to organize conferences, lectures, debates and symposia on matters relating to Islamic history, philosophy, culture, law and jurisprudence;
(h) to institute prizes and medals for outstanding contributions in the field of Islamic studies;
25(hh) to sponsor, undertake or assist projects on Islam;
(i) to award scholarships for Islamic studies;
(j) to manage and develop Baitul Mokarram Mosque;
(jj) 26to manage and develop the Jamiatul Falah Mosque and Complex, Chittagong; and
(k) to do all other acts and things ancillary or incidental to any of the aforesaid functions.
Section 12. Fund
(1) There shall be a Fund of the Foundation to which shall be credited-
(a) funds of the Baitul Mukarram and the Islamic Academy transferred to the Foundation under section 20;
27(aa) funds of the Jamiatul Falah Mosque and Complex, Chittagong, transferred under section 20A;
(b) grants and loans from the Government;
(c) loans raised in Bangladesh;
(d) aids and grants received from foreign countries or organizations with the prior approval of the Government;
(e) donations and endowments;
(f) incomes from investments, royalties and properties; and
(g) all other receipts of the Foundation.
(2) The Fund of the Foundation shall be utilized by it to meet charges in connection with its functions under this Act and all payments of the Foundation shall be made out of that Fund.
(3) All moneys of the Foundation shall be deposited with any bank.
Section 13. Accounts
The Foundation shall keep its account in such manner as the Government may direct.
Section 14. Budget
The Foundation shall, by such date in each year as may be fixed by the Government, submit to the Government for approval a budget in such form as the Government may specify for each financial year showing the estimated receipts and expenditure during that financial year.
Section 15. Audit
(1) The accounts of the Foundation shall be audited by the Comptroller and Auditor-General of Bangladesh (hereinafter in this section referred to as the Auditor-General) in such manner as he deems fit.
(2) For the purpose of an audit under sub-section (1), the Auditor-General or any person authorised by him in this behalf shall have access to all records, books, documents, cash, securities, stores and other property of the Foundation and may examine any 28Governor, the Director-General or any other officer or employee of the Foundation.
(3) The Auditor-General shall submit his audit report to the Government and shall forward a copy thereof to the Foundation.
Section 16. Reports, etc.
(1) The Foundation shall furnish to the Government such reports and statements as the Government may from time to time require.
(2) The Foundation shall, as soon as possible after the end of every financial year, furnish to the Government statement of audited accounts together with an annual report on the condition of its affairs of that year.
Section 17. Delegation of powers
The Foundation may, by general or special order in writing, direct that such of its powers shall, in such circumstances and under such conditions, if any, as may be specified in the order, be exercisable also by the Chairman 29,any Governor, the Director-General or any other officer or employee of the Foundation as may be so specified.
Power to make rules
3018. The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Act.
Section 18A. Power to make regulations
(1) The Board may, with the previous approval of the Government, make regulations, not inconsistent with the provisions of this Act and the rules, to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this Act.
(2) All regulations made under this section shall be published in the official Gazette and shall come into force on such publication.
Fixation of rent of properties of the Foundation
18AA. (1) Notwithstanding anything contained in any other law for the time being in force or in any agreement or contract,-
(a) the Foundation shall fix the rent of its properties in accordance with the schedule of rent fixed by the Government, from time to time, keeping in view the prevailing market rate;
(b) the Foundation shall re-fix the rent of its properties in accordance with the schedule fixed under clause (a):
Provided that the rent of any property or any portion thereof shall not be re-fixed within twelve months in respect of each tenancy.
(2) If any tenant refuses or fails to pay the rent fixed or re-fixed under sub-section (1), he shall be deemed to be an unauthorised occupant and shall be evicted from the property of the Foundation.]
Section 19. Winding up
No provision of law relating to the winding up of bodies corporate shall apply to the Foundation, and the Foundation shall not be wound up except by order of the Government, and in such manner as the Government may direct.
Section 20. Dissolution of Baitul Mukarram and Islamic Academy
(1) Notwithstanding anything contained in any other law for the time being in force or in any rule, regulation or bye-law, or in any trust, wakf, agreement, deed, or other instrument, upon the establishment of the Foundation-
(a) the society known as the Baitul Mukarram, registered under the
Societies Registration Act, 1860 (XXI of 1860), hereinafter referred to as the said society, and the institute known as the Islamic Academy, Dacca, hereinafter referred to as the said institute, shall stand dissolved;
(b) the ad hoc committee or any other committee or body of management of the said society, by whatever name called, shall stand dissolved, and all members of the said society and all members and the Administrator of the said institute shall cease to be such members and Administrator;
(c) all assets, rights, powers, authorities and privileges, and all property, movable and immovable, cash and bank balances, reserve funds, investments and all other interests and rights and rights in, or arising out of, such property and all debts, liabilities and obligations of whatever kind of the said society and the said institute, subsisting immediately before their dissolution, shall stand transferred to, and vest in, the Foundation;
(d) all debts and obligations incurred, contracts entered into or rights acquired and all matters and things engaged to be done by, with or for the said society and the said institute before their dissolution shall be deemed to have been incurred, entered into, acquired or engaged to be done by, with or for the Foundation;
(e) all officers and other employees of the said society and the said institute shall stand transferred to the Foundation and shall be deemed to have been appointed by the Foundation in accordance with the terms and conditions of service applicable to them, and no such officer or employee shall be entitled to any compensation because of such transfer; and
(f) all suits and other legal proceedings instituted by or against the said society and the said institute before their dissolution shall be deemed to be suits and proceedings by or against the Foundation and shall be proceeded or otherwise dealt with accordingly.
(2) The Government may, for the purpose of removing any difficulty in relation to the dissolution, transfer or other matters specified in sub-section (1), make such orders as it considers expedient and any such order shall be deemed to be, and given effect to as, part of the provisions of this Act.
Vesting of Jamiatul Falah Mosque and Complex, Chittagong, in Foundation and its management.
3120A. (1) Notwithstanding anything contained to the contrary in any other law, rule, regulation or bye-law, or in any trust, waqf, agreement, deed or other instrument, for the time being in force, upon coming into force of this section,-
(a) the society known as Jamiatul Falah, in respect of the Jamiatul Falah Mosque and Complex, Chittagong, registered under the
Societies Registration Act, 1860 (XXI of 1860), shall stand dissolved;
(b) the management of the Jamiatul Falah Mosque and Complex, Chittagong hereinafter called the “the said Mosque and Complex,” shall vest in the Foundation; and all assets, rights, powers, authorities and privileges, and all property, movable and immovable, cash and bank balances, reserve funds, investments and all other interests and rights in, or arising out of, such property and all debts, liabilities and obligations of whatever kind in respect of the said Mosque and Complex, subsisting immediately before the coming into force of this section, shall, stand transferred to, and, vest in the Foundation;
(c) any committee or committees, ad-hoc or permanent, or any other committee or body of management in connection with the said Mosque and Complex, by whatever name called, subsisting immediately before the coming into force of this section, shall stand dissolved and members of such committee or committees shall cease to be such members;
(d) all debts and obligations incurred, contracts entered into or rights acquired and all matters and things engaged to be done by, with or for the said Mosque and Complex, before the coming into force of this section, shall be deemed to have been incurred, entered into, acquired or engaged to be done by, with or for the Foundation;
(e) all officers and other employees of the said Mosque and Complex, appointed or employed before the date of approval by the Cabinet of the Draft Bill in respect of this section, shall stand transferred to the Foundation and shall be deemed to have been appointed by the Foundation in accordance with the terms and conditions of service as had been applicable to them immediately before the coming into force of this section until such terms and conditions are varied by rules or regulations made by the Government or Foundation, as the case may be, and no such officer or employee shall be entitled to any compensation because of such transfer;
(f) all assets and properties vested in the Foundation and any book of account, documents or other papers relating thereto shall be delivered to the Foundation or to an officer authorised by it in this behalf;
(g) the Foundation shall maintain separate account in respect of the income and expenditure of the Jamiatul Falah Mosque and Complex;
(h) the Foundation shall generally utilise the income of the Jamiatul Falah Mosque and Complex for the purpose of management, maintenance and development of the said Mosque and Complex, but the Foundation may also utilise the assets, properties and income of the said Mosque and Complex for the performance of its functions under section 11, if, in its opinion, such utilisation will not be prejudicial to the interest of the said Mosque and Complex; and
(i) all suits and other legal proceedings instituted on behalf of or against the said Mosque and complex shall be deemed to be suits and proceedings by or against the Foundation and shall be proceeded or otherwise dealt with accordingly.
(2) The Government may, for the purpose of removing any difficulty in relation to matters specified in sub-section (1), make such orders as it considers expedient and any such order shall be deemed to be, and given effect to, as part of the provisions of that sub-section.
Section 21. Repeal and savings
(1) The Islamic Foundation Ordinance, 1975 (Ord. XVII of 1975), is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken, including any order made, notification issued or direction given under any provision of the said Ordinance shall be deemed to have been done, taken, made, issued or given, as the case may be, under the corresponding provision of this Act.