The Waqf Act 1995

1 रजिस्टों स०्डी० एल०-33004 /95 REGISTERED No. का ,.-3300495 नए न का गे ' (० वि या कक PR ——— l’ दा e T fh NI = राजपत्र The Gazette of Judia - असाधा रण | EXTRAORDINARY ; भाग खंड 1 PART II—Section 1 प्राधिकार & प्रकाशित PUBLISHED छ४ _AUTHORITY के + i - A e —_— T e एस - g e TP ना R T, T ————— e el i L e P नकणणाणण भा S लक के जन ————— न के लाल गए अ लवण के e ————— १ — ' का - g 2 - it - - . - —— — — b पा नाल ek 5 —————— e iy T सं० 65] नई दिल्‍लो, बुधवार, नवम्बर 22, 1995/प्रिग्रहायण 1, 1917 No. 65] NEW DELHI, WEDNESDAY, NOVEMBER 22, 1995/ AGRARAYANA 1 लि का नर o जाए कण S - ला लाल e Tkt | | s £ नल न - इस भाग में faw पृष्ठ संख्या दी जाती है जिससे कि यह अलग रंक्रलन के रुप में रखा जा सकें । Separate paging is given to this Part in order that 1t may pe-tited 95 a separate compiiation. - — J— लक _— -' नम कि e e e — | ¢ b -t s e . gl 1 - B ४ ननन नन-न-- MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS : (Legzislative Depariment) | New Delhi, the 22nd November, 1835/ Agrahayana 1, 1917 (S:"aka)_-; The following Act of Parliament received the assent of the President on the 22nd November, 1995, and i3 published for general informatign:— THE WAKF ACT, 1995 No. 43 or 1995 | [22nd November 19941 An Act to provide for the "टाटा administration of Wakfs and for matters connected therwith or incidental thereto BE it enacted by Parliament in the Forty-sixth Year of the Reppblic of India as follows :— CHAPTER 1 PRELIMINARY 1. (I) This Act may be called the Wak{ Act, 1995 न | . Short title (2) It extends to the whole of India gXCept the State of Jammu and extent and Kashmir (3) It shall come into force in a State on such dale ag the Cdntral Government may, by notification in the Official Gazctte, appoint: | and different dates may be appointed for different areas within a 5181९ and for different provisions of this Act, and any refercnce in any provision to the commencerent of this Act, shall, in relation to any State or area therein, be construed as reference to पीर commencement of that provflmon In such State or arcs cuannimence- ment, 2 THE GAZETTE OF INDIA EXTRAORDINARY [PArRT II— Applica- 2. Save as otherwise expressiy provided under this Act, this Act लि कम 51811 apply to all wakfs whether created hefore or after the commence- t - S ment of this Act: Provided that nothing in this Act shall apply to Durgah Khawaja 36 of 1088 Saheb, Ajmer to which the Durgabh Khawaja Saheb Act, 1955 applies, . Defini- 3. In this Act, unilzss the context otherwise requires — tions (a) “beneficiary™ meass a person or object for whose benefit a wakf is created an-l includes religious, pious and charitable objects and any other chicciz of public utility sanctioned by the Muslim law; (b) “benefit” does not include any benefit which a mutawalli is entitled to claim solcly by reason of his being such mutawalli; (c) “Board” means n Board of Wakf established under sub-sec- tion (1), or as the casze may be, under sub-section (2) of section 13 and shall include a common Wakf Board established under section 106; (d) “Chief Executive Officer” means the Chief Executive Officer appointed under sub-section (1) of section 23; (e) “Council” means the Central Wakf Council established under section 9; (f) “Executive Officer” means the I xecutive Officer appointed by the Board under sub-sectjon (7) of secclion 38; | (9) “list of wakfs” means the list of sub-section (2) of section छः (k) “member” । Chairperson; wakfs published under means a member of the Board and includeg the (1) “mutawalli” means ally person appointed, either verbally or under any deed or instrum ent by which a wakf has been created, or by 3 compztent authority, to be the mutawalli of a wakf and in- cludes any person who is a mutawallj of a wakf by virtue of any ‘custom. or who is a naib-mutawalli, khadim, mujawar , any per- Son, committez or corporation for the time keing managing or adminis- tering any wakf or wakf property: Provided that no member of a committee or corporation shall be deemed to be 8 mutawalli unless such member is an office bearer of such committes or corporation; (1) “net annual income”, in relation income determined in accordance with - Explanations to sub- to a wakf, means net annual the provisions of the section (I) of section 72; | (k) “person interested in a wak$” means any person Who is en- titled to receive any pecuniary or other benefits from the wakf and includes — (1) auy person who has a right to ‘worship or to perform any religious rite in a mosque, idgah, imambara, dargah, khan- gah. maabara, graveyard or any other religious instiftition con- nected with the wakf or to participate in any religidus or chari- table institution under the जम री .- THE GAZETTE OF INDIA EXTRAORDINARY 3 —— - .._..._._..._.L._,___k-n__.-— et - — ला R — अनाथ, — S का णनरनाणाा . i - . e - L, - अन्य जा JRy— L o e e 2 =t O — जि L R अल" नव T ¢ S T i £ e - e L L (ii) the wakif and any descendant of the wakif and the mut a- walli; (1) “prescribed”, except in Chapter III, means prescribed by rules made by the State Government; (m) “regulations” means the regulations made by tth.e Board under this Act; (n) “Shia wakf” means a wakf governed by तन law; (0) “Sunni wakf” means 8 wakf governed by Sunui law; (p) “Survey, Commissioner’ incans the Survey Commissioner of Wakf appointed under sub-scction (1) of section 4 and includes any Additional or Assistant Survey Commissioners of Wakfs under sub-section (2) of section 4; (g) “Tiibunal”, in reladon to any area, means the Tribunal constituted under sub-section (1) of section 83, having jurisdiction in relation to that area; (r) “wubf” means पीट permanent dedication by a person professing Islam, of any movable or immovable property for any purpose recognised by the Muslim law सेठ pious, religious or charitable and includes— (i) a waki by user but such wakf shall not cease to be a wakf by reason only of the user havinz ceased irrespective of the period of such cesser; | (i) “gramts”, inciuding washrut-ul-khidmat for any purpose recognised by the Mushim law as pious, religious or charitable; and । (दस a wakFalal-aulad to the extent to which the property is dedicated for any purpose recognised by Muslim law as piou s, reli- gious or charitable, and “wak{” meaus any person making such dedication; (s) “wakf deed” means any deed or irstrument by which a wakf has been created and includes any valid subscguent deed or instrument by which any of फीट terms of the original dedication have been varied; (1) “Wakf Fund” means a wakf fund formed under sub-scction (1) of section 77. CHAPTER II SURVLEY OF WAKVYS 4. (1) The State Government may, by notification in the Official Gazette, appoint for the State a Survey Commissioner of Wakfs and as many Add itional or Assistant Survey Commissioners of Wakfs as may be necessary for the purpose of making a survey of wakfs cxisting in फिट State at the date of the commence- ment of this Act. (2) All Additional and Assistant Survey Commissioners of Wakfs shall perform their functions under this Act under the general supervi sion and control of the Survey Commissioner of Wakfs. (3) The Survey Commissioner shall, after making such inqu iry 85 he may consider necessary, submit his report, ia respect of wakfs existing at the date Prelimi- nary survey of wak{s. Publica- tion of list 07 wakfs. 4 THE GAZETTE OF INDIA EXTRAORDINARY e ST —— - — e [PArRr H— e — -l ®A S e L S ———— — e e e ———— . m—— ————— - of the commencement of this Act in the State or any part thereof, to the State Government containing the following particulars, namely:— (@) the number of wakfs in the State showing the Shia wakfs and Sunni wakfs separately; (b) the nature and objects of each wakf; (0०) the gross income of the property comprised in each wakf; (d) the amount of land revenue, cesses, rates and taxes payable in respect of each wakf; \ (e) the expenses incurred in the realisation of the income and the pay or other remuneration of the mutawalli of each wakf; and (f) such other particulars relating to each wakf a.'s may be prescribed. (4) The Survey Commissioner shall, while making any inquiry, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 in respect of the following matters, namely: — (a) summoning and examining any witness; (b) requiring the discovery and production of any document; (¢) requisitioning any public record from any court or office; (d) issuing cominijssions for the examination of any witness or accounts; ' (e) making any local inspection or local investigation; (f) such other matters ag may be presc-r'ibed. - (%) I, during any such inquiry, any dispute arises 85 to whether a particular wakf is a Shia wakf or Sunni wakf and there are clear indi- cations in the deed of wakf as to its nature, the dispute shall be decided on the basis of such deed. (6) The State Government may, by notification in the Official Gazette. direct the Survey Commissioner to make a second or subsequent survey of wakf properties in the State and the provisions of sub-sections (2), (3), (#) and (5) shall apply to such survey as they apply to a survey directed under sub-section (1) : sub-section (3). 5. (1) On receipt of a report under sub-section (3) of section 4, the State Government shall forward a copy of the same to the Board. (2) The Board shall examine the report forwarded to it under syb.- section (I) and publish in the Official Gazette a list of Sunnj wakf or Shia wakfs in the State, whether in existence at the commencement of this Act or coming into existence thereafter, to which the report relates, | and contalning such other particulars as may he prescribed. 8 of 1908. SEC, 1] THE GAZETTE OF INDIA EXTRAORDINARY ——— ला “न न लाए et A i अपार जाग लि जाल — e e m———— i - के बाग. 5 e e बा A e Tk R S 4 e - 4 e — [E—— R पटना जलन - e . , 18 Dispu- 6. (1) If any question arises whether a particular property specified [65 re- 85 wakf property in the list of wakfs is wakt property or not or whether garding a wakf specified in such list 15 a Shia wakf or Sunni wakf, the Board or wakfs. the mutawalli of the wakf or any persory interested therein may institute a suit in a Tribunal for the decision of the guestion and the decision of the Tribunal in respect of such matter shall be final: Provided that no such suit shall pe entertained by the Tribuna} after the expiry of one year from the date of the publication of the list of wakis. Explanation.—For the purposes of this section and section 7, the expression “any person interested therein”, shall in relation to any property specified as wakf \property in the list of wakis published aifter the commencement of this Act, shall include also every person who, though not interested in the wakf concerned, is interested in such pro- perty and to whom a reasonable opportunity had been afforded to re- present his case by notice served on him in that behalf during the course of the relevant inquiry under section 4. (2) Notwithstanding anything contained in sub-section (1), no pro- ceeding under this Act in respect of any wakf shall be stayed by reason - only of the pendency of any such suit or of any appeal or othet proceed- ing arising out of such suit, | (3) The Survey Commissioner shall not be made a party to any suit under sub-section (1) and no suit, prosecution or other legal proceeding shall lie against him in respect of anything which is in good faith done or intended to be done in pursuance of this Act or any rules made there- under, (4) The list of wakfs shall, unless it is modified in pursuance of a decision or the Tribunal under sub-section (1), be final and conclusive. (5) On and from the commencement of thig Act in a State, no suit or other legal proceeding shall be instituted or commenced in a court in that State in relation to any question referred to in sub-section (I). 7. (1) If, after the commencement of this Act, any question arises, wae’r whether a particular property specified as wakf property in a list of boufnaTln"t wakfs is wakf property or not, or whether a wakf specified in such list Is geters ° 5 Shia wakf or a Sunni wakf, the Board or the mutawalli of the wakf, mine or any person interested therein, may apply to the Tribunal having dispu- jurisdiction in relation to such property, for the decision एव the question किक and the decision of the Tribunal thereon shall 92 final: rm.eggard- wakfs, Provided that— (a) in the case रण. the list of wakt's/ relating to any part of घाट State and published after the commencement ¢f this Act no such ap- plication shall be entertained after the expiry of one year from the date of publication of the list of wakfs; and (b) in the case of the list of wakfs relating to any part of the State and published at any time within a period of one year immedi- ately preceding the commencement of this 200, such an application 6 THE GAZETTE OF INDIA EXTRAORDINARY [PirT IT— B भा न ०. = — o —— it रण >« — ———— — S, - एल हि पक व L St e e el 8 s e memih M अकाल जन ८ e s e | न कह s = e — e - हि ————— may be entertained by ribunal. within the period of one year from such commencement: ~ Provided further that where any such question has been heard and linally decided by a civil court in & suit instituted before such commence- ment, the Tribunal shall not re-open such question, (2) Except where the Tribunal has no jurisdiction py reason of the provisions of sub-section (5), no proceeding under this section in respect of any wakf shall be stayed by any court, tribunal or other authority by reason only of the pendency of any suit, application or appeal or other proceeding arising out of any such suit, application, appeal or other proceedingg. | (3) The Chief kxecutive Officer shall not he made a party to any application under sub-section (1). (4) The list of wakfs and where any such list is modified in pursu- ance of a decision of the Tribunal under subsection (1), the अंडा, as so modified, shall be final, : (9) The Tribunal shall not have jurisdiction to determine any matter which is the subject-matter of any suit or peoceeding insiitisted or com- menced in a civil court under sub-section (1) of section 6, before the commencement of this Act or which is the subject-matter of any appeal from the decree puassed before such commencement बीए any such suit or proceeding or of any upplication ‘for revision or review arising out of such suit, proceeding or appeal, as the case may bhe. Recovery 8. (1) The total cost of making a survey including the cost of publi- Soufwceoys-ts ot cation of the list or lists of wakfs under this Chapter shall be borne by all ' the mutawalli of the wakfs the net annual income whereof exceeds five hundred rupees, in proportion to the net annual income accruing in the State to such wakfs, such proportion being assessed by the Survey Commissioner., (2) Notwithstanding anything contained पा the deed or instrument by which the waktf was created, any mutawalli may pay from the income of the wakf any sum due from him under sub-section (1). (3) Any sum due from a mutawalli under sub-section 1) may, on & certificate issued by the State Government, 0४ recovered from the pro- perty comprised in the wakf in the same manner as an arrear of land revenue,. CHAPTER III CeNniRAL Wakr CooNcIL हि 9. (1) For the purpose of advising it, on matters concerning the ment and working of Boards and the due administration of wakfs, the Central ticonatmftu— Government may, by notification in the Officiai Gazette, establish a on O | N ) Central Council to be calleid दर Contenl Wakf Council. Wak{ (2) The Council shall consist of—— Council, (@) the Union Minister in charge of wakfs—ex officio Chairperson; (9) the following members 10 be appointed by the Central Gov- ernment from amongst Muslims, namely:— (i) three persons to represent Muslim organisations having all Tndia character and national importance; (&) four persous of national eminence of whom two shall Sec, 1] THE GAZETTE OF INDIA EXTRAORDINARY 7 e e e S - “जन नल — e e «० बला न नल . ———— ०! 1 e—— be from amongst perscus having administrative and financial expertise; | (हा) threc Members of Pacliament of whom two shall from the House of the People and one irom फिट Council of States; | (iv) chairpersons of three Eoards by rotation: (v) two persons who have been Judges of the Supreme Court or a High Court; X (vi) one advocate of national cminence; (vii) one person to re-prte'-s.en't the mutawallis of the wakf hav- ing a gross annual income of rupees five lakhs and above; (viii) three persons who घाट eminent scholars in Muslim Law. (3) The term of office of, फिट procedur: tc 0८ followed in the discharlge of their functions by, and the manner of filling casual vacancies among, members of the Council shall be such as may be prescribed by rules made by the Central Governinent. . 10. (1) Every Board shall pay from its Wakf Fuad annually to फिट Council . such contribution as is equivalent to one per cent. of the aggregate of the net annual income of the wakfs in respect of which contribution is payable under sub-section (1) of section 72: Provided that where the Board, in the case of any particular wakf bas remitted under sub-section (2) of section 72 the whole of the coutributian payable to it under sub-section (1) of that section, then for calculating the con- tribution payable to the Council under this section फिट net annual income of the wakf in respect of which such remission has been granted shall not be taken into account. | (2) All monies received by the Council under sub-section (1) and all other monies received by it as donations, benefactions and grants shall form a fund to 9८ called the Central Wakf Fund. (3) Subject to any rules that may be made by the Central Government in this behalf, the Central Wakf Fund shall be under the control of the Council and may be applied for such purposes as the Council may deem fit. 11. (1) The Council shall cause to be maintained such books of account and other books का relation to its acconnts in such form and in such manner a s may be prescribed by rules made by the Central Government. (2) The accounts of the Council shall be audited and examined annually by such auditor as may be appointed by the Ceniral Government. : (5) The costs of the audit shall be paid from the Central Wakf Fund. 12. (1) The Central Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Chapter. _ (2) In particular, and without prejudicc to फिट gencrality of the foregoing power, such rules may provide , for all or any of the following matters, namely:— (@) the term of office of, the procedure (o be followed in फिट dis- charge of their functions by, and फिट manner of filling casual vacancies among, the members of the Council; o (b) control over and application of the Central Wakf Fund; | (¢) the form and manner in which-accounts of the Council may ‘be maintained. L 4 Finance of Council, Accounts and aydit. Power of Central Govern- ment to make rules, Incor- poration. Composi- tion of Board. 8 THE GAZETTE OF INDIA EXTRAORDINARY [PART 1I-— e ——— e —— et e L e e e - et e टन T न — (3) Every rule made by the Central Government under this Chapter shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session for a total period of thirty days, which may be comprised in one session or in two or more successive scssions, and if, before the expiry of the session immediately following, the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, 85 the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. CHAPTER 1V "ESTABLISHMENT OF BOARDS AND THEIR FUNCTIONS 13. (I) With effect from such date as the State Government may, by notification in the Official Gazette, appoint in this behalf, there shall be es- tablished a Board of Wakfs under such name as may be specified in फिट " notification. (2) Notwithstanding anything contained in sub-section (1), if the Shia wakfs in any State constitute in number more than fifteen एटा एटा, of all the wakfs in the State or if the income of पट properties of the Shia wakfs in the State constitutes more than fifteen per cent. of the total income of properties of all the wakfs in the State, the State Government may, by notification in the Official Gazette, establish a Board of Wakfs each for Sunni wakfs and for Shia wakfs under such names as may be specified in the notification. (3) The Board shall be a body corporate having perpetual succession and a common seal with power to acquire and hold property and to transfer any such property subject to such conditions and restrictions as may be prescribed and shall by the said name sue and be sued. 14. (1) The Board for a State and the Union territory of Delhi shall consist of— (@) a Chairperson; (b) one and not more than two members, as the State Government may think fit, to be elected from each of the electoral colleges consisting of— () Muslim Members of Parliament from the State or, as the case may be, the Union territory of Delhi, (i) Muslim Members of the State Legislature, (सो Muslim Members of the Bar Council of the State, and (iv) mutawallis of the wakfs having an annual income of rupees one lakh and above; (¢) one and not more than two members to be nomtnated by the State (Government representing eminent Muslim organisations; (d) one and not more than two members to be nominated by पीट State Government, each from recognised scholars in Islamic Theology; (e) an officer of the State Government not below the rank of Deputy Secretary. (2) Election of the members specified in clause (b) of sub-section (1) shall be held in accordance with the system of proportional represen- tation by means of a single transferable vote, in such manner as may be preseribed: Sec, 1] THE GAZETTE OF INDIA EXTRAORDINARY - Provided 'hat where the number oi Muslim Members of Parliament, the State Legislature or the State Bar Council, as the case may be, is only one, such Muslim Member shall be declared to have been elected on *he Board: : rrovided further that where theie are no Muslim Members in any orf the categories mentioned in sub-clauses (i) to (iii) of clause (6) of sub- section (1), the ex-Muslim Members of Parliament the State Legislature or ex-member of the State Bar Council, 85 the case may be, shal] consti- tute the electoral college - | \ (3) Notwithstanding anything contained in this section, where the State Government is satisfied, for reasons to be recorded in writing, that it s not reasonably practicabie to constitute an electoral collége for’ any of the categories mentioned in sub-clauses (i) to (i/i) oi clause (b) of sub- section (1), the State Government may nominate such persons as: . the members of the Board as it deems fit. | (५) The number of elected members of the Board shall, at all times, be more than फिट nominated members of the Board except ‘as provided under sub-section (3) (5) Where there are Shia wakfs but no separate Shia Wakfs Board exists, at least one of फिट members from the categories listed in sub-section (1), shall be a Shia Muslim (6) In determining the number of Shia members or Sunni members of the Board, the State Government shall have regard to the number and value of Shia wakfs and Sunni wakfs to be administered by the Board and appointment of the members shall be made, so far as may be, in accordance with such determination (7) In the case of फिट Union territory other than Delhi, the Board shall consist of not less than three and not more than five members to be appointed by the Central Government from amongst the categories of persons specified in sub-section (2) - e T ~ Provided that there shall be one mutawalli as फिट member of the Board (8) Whenever the Board 15 constituted or re-constituted, the members of the Board present at a meeting convened for the purpose shall elect one from amongst themselves as the Chairperson of the Board (9) The members of फिट Board shall be appointed by the State Gov- ernment by notification in the Official Gazette 15. The members of the Board ‘sh'all hold office for a (लिए ण परिप्ट Years. Term | | of office, 16, A person shall be disqualified for being appointed, or for conti- Disqua- nuing 85, 2 member ए the Board if— lification o . for being = lim K twe . £ . appoint- (व) be पड not a Muslim and is less than twenty-one years of age; .4 o for ;"r.‘ (b) he is found to be a person of unsound mind; ing as, a S T o - L member S । व.” ,.. .... . . - : . of the (८). घट is an undischarged insolvent; o Board. LO THE GAZETTE OF INDIA EXTRAORDINARY [PArT II— i e e i ey S — i e b e - का ettt R R S —— (d) he has been convicted of an offence involving moral turpi- tude and such conviction has not been reversed or he has not been granted full pardon in respect of such offence (८) he has been on a previous occasion— (9) removed from his office as a member or 85 a mutawalli, or (#) removed by an order of a competent court or tribunal from any position of trust either for mismanagement or for cor- ruption Mee!ings T | ः of छठ 17. (2) The Board shall meet for the transaction of business at such Board. time and places as may be provided by regulations (2) The Chairperson, or in his absence. any member chosen by the members from amongst themselves shall preside at a meeting of the Board (3) Subject to the provisions of this Act, all questions which come before any meeting of फिट Board shall be decided by a majority of votes of the members present, and in the case of equality of votes, the Chair- person or, in his absence. any other person presiding shall have a second or casting vote | Committees 18. (I) The Board may, whenever it considers necessary, establish of the either generally or for a particular purpose or for any specified area or Board. areas committees for the supervision of wakfs. | (2) The constitution, functions and duties and the term of office of such committees shall be determined from time to time by the Board: Provided - that it:shall not be necessarv for फिट members of such committees to be members of the Board Resigna- 19. The Chairperson or any other member may resign his office by कर °f writing under his hand addressed (0 the State Government ajr- I apnedrsomne_ Provided that the Chairperson or the member shall continue in office mbers, until the appointment of his successor is notified in फिट Official Gazette. Remo- 20. (I) The ५08९ Government may, b'y notification in the Official val of Gazette, remove the Chairperson of फिट Board or any member thereof if Chair- he— person and (@) 15 or becomes subject to any disqualifications specified in b . e section 16; or (b) refuses to act or is incapablé of acting or acts in a man- ner which the State Government, after hearing any explanation that he may offer, considers to be prejudicial to the interests of the wakfs; or - (0) fails in the opinion of the Board, to attend three Iconse"cutiv-e meetings of the Board, without sufficient excuse. (2) Where the Chairperson of the Board is removed under sub-sec- tion (1), he shall also cease to be a member of the Board. oFfillam'g 21. When the seat of 8 member becomes vacant by his r-e'moval re. vacancy signation, death or otherwise, a new member shall be appointed in his ~ place and such member shall hold office so long as the member whose Sec, 1] THE GAZETTE OF INDIA EXTRAORDINARY 11 - PR ————— SRR SRR ST SR RS A At . कि s ks A - —— T A= b S B T T TR d LW की व व T M T TRV place he fills would have been entitled to hold office, if such vacancy had not occurred. 22. No act or proceeding of the Board shall be invalid by reason only of the existence of any vacancy amongst its members or any defect in the constitution thereof. 23. (1) There shall be a Chief Executive Officer of the Board who shall be a Muslim and shall be appointed by the State Government 6 in consultation with the Board, by notification in the Official Gazelte. (2) The term of office and other conditions of service of the Chief Executive Officer shall be such as may be prescribed. | (3) The Chief Executive Officer shall be ex officio Secretary of the Board and shall be under the administrative control of the Board . 24. (1) The Board shall have the assistance of such number of offi- cers and other employees as may be necessary for the efficient perfor- mance of its functions under this Act, details thereof shall be determined by the Board in consultation with the State Government. (2) The appointment of officers and other employees, their term of office and conditions of service shall be such as may be provided by regulations. ‘ 25. (1) Subject to the provisions of this Act and of the rules made thereunder and the directions of the Board, functions of the Chief Exe- cutive Officer shall include— | (a) investigating the nature and extent of wakfs. and wakf pro- perties and calling ‘whenever necessary, an inventory of wakf .pmpertl_'es and calling, from time to time. for accounts, returns and information from mutawallis; | (b) inspecting or causing inspection of wakf properties and account, records, deeds or documents relating thereto; (c) doing generally of such acts 85 may be necessary for the | - control, maintenance and superintendence of wakfs. (2) In exercising the powers of giving directions under sub-section (1) दि. respect of any wakf, the Board shall act in conformity with the direc- tions by फिट wakif in the deed of the wakf, the purpose of wakf and such usage and customs of the wakf as are sanctioned by the school of Muslim law to which the wakf belongs. | न (3) Save 85 otherwise expressly provided in this Act, the Chief Exe- cutive Officer shall exercise such powers and perform such duties ag may be assigned to him or delegated to him under thig Act. Vacancies, etc., not to invali- date pro- ceedings of the Board. Appoint. ment of Chief Executive Officer and his term of office and other con- ditions of service, Officers and other cemployees of the Board, power of (पाल Executive Officer, Powers of Chief Executive officer in respect of orders or reso- lutionsg of Board. Delega- tion of powers by the Board. Chief Executive Officer (0. exercise powerg through Collec. tors, 6 ८, Powers of Chies Executive “Mhicer ६0 inspect records, registers, etc. Inspes tion of records. 12 THE GAZETTE OF INDIA EXTRAORDINARY [PagT 11-- ——— ., " o बन 26. Where the Chief Executive Officer considers that an order or reso- lution passed by the Board— (८) has not been pass¢cd in accordance with the law; or (0) is in excess of or is an abuse of the powers conferred on the Board by or under this Act or by any other law; or (0) if implemented, is likely to— (7) cause financial loss to फिट Board or to फिट concerned wakf or to फीट wakfs generally; or (५६) lead to a riot or reach of peace; or (tit) cause danger to human life, health or safety; or (d) is not beneficial to the Board or to any wakf or to wakfs generzally, he may, before implementing such order or resolution place the matter before the Board for its reconsideration and, if such order or resolution is not confirmed by a majority of vote of the members present and voting after such reconsiceration, refer the matter to the State Govrernment along with his objections ६0 the order or resolution, and the decision of the State Government thereon shall be final. 27. The Board may, by a general or special order in writing, dele- gate to the Chairperson, any other member, the secretary or any other officer or servant of the Board or any area committee, subject to such conditions and limitations as may be specified in the said order, such of its powers and duties under this Act, 85 it may deem necessary. 28. (1) Subject to the provisions of this Act and of the rules made thereunder. the Chief Executive Offi~er may exerc'se all or any of the powers conferred on him by or under this Act with the previous approval of the Board through the Commissioner of the division or the Collector of the district in which the concerned wakf property is situated or through any other Gazetted Officer whom he may appoint for su~h purpose and may, from time to time, delegate any of his powers to anv such Commissioner of the division or Collector or any other Gazetted Officer and may, at any time. revoke the delegations so made by him. ,. (2) Where anv delegation of powers 15 made by the Chief Executive Officer under suh-section (1), the nerson 10 whom such delegation is m~de may exercise those powers in the same manner and tn the same extent as if thev have been conferred on him directly by this Act and not by wav of delegation. 29. The Chief Executive Officer or anv officer nf tha Rnaard dulv avtho- rised by him in this behalf shall, subiect 0 snch conditions and rectrintiang as may be orescribed and subiect to the navment of बाग शिल्प ag leviable under anv law for the time being in force. he entitled at all able time to inspect, in anv public office, anv records. reoisterg documents relating to a wakf or movable or immovable nropertics wakf properties or are claimed to be wakf properties. | mav चिट reason- or other which are 30. (I) The Board may allow inspection of its proceedings or records in its custody and issue conies of the same on navment of fees and subject to such conditions as may be prescribed. other such 1 of 1872 Sec, 1} THE GAZETTE OF INDIA EXTRAORDINARY 13 T —— लवण A A B et A ———————— e s e e e e .. e e e St M (2) All copies issued under this section shall be certihced by the Chief Executive Officer of the Board in फिट manner provided in section 76 of the Indian Evidence Act, 1872. (3) The powers conferred on the Chief Executive Officer by sub- section (2) may 0० exercised by such other officer or officers of the Board as may either generally or specially be authorised in this behalf by the Board. 31. It is hereby declared that the offices of the Chairperson or mem- bers of a Board shall not be disqualified and shall be Jdeemed never to have been disqualified for being chosen as, or for being, a Mem ber of Parliament, 32. (1) Subject to any rules that may be made under this Act, “the general superintendence of थी wakfs in a State shall vest in the Board established or the State; and it shall be the duty of फिट Board so to exer- cise its powers under this Act as to ensure that the wakfs under its superintendence are properly maintained, controlled and administered and the income thereof is duly applied to the objects and for the purposes for which such wakfs were created or intended: Provided that in exercising its powers under this Act in respect of any wakf, the Board shall act in conformity with the directions of the wakf, the purposes of the wakf and any usage or custom of the wakf sanctioned by the school of Muslim law to which the wakf belongs. Explanation—For the removal of doubts, it 1s hereby declared that in this sub-section, “wakf” includes a wakf in relation to which any scheme has been made by any court of law, whether before or after the commence- ment of this Ace. (2) Without prejudice to the generality of the forezoing power, the functions of फिट Board shall be— (a) to maintain a record containing information relating to फिट origin, income, object and beneficiaries of every wakf; (b) to ensurc that the income and other property of wakfs are applied to the objects and for the purposes for which such wakfs were intended or created; (८) to give directions for the administration of wakfs; (d) to settle schemes of management for a waki: Provided that no such settlement shall be made without giving the parties affected an opportunity of being h eard; L ) ! (e) to direct— (i)' the utilisation of the surplus income of a wakf consis- tent with फिट objects of a wakf; । (व in what manner the income of 8 wakf, the - objects of which are not evident from any written instrument, shall be utilized; Preven- tion of disquali- fication for member- ship 0: Parlja- ment. Powers - and func- tion of the Board. ——— - 14 THE GAZETTE OF INDIA EXTRAORDINARY [PirT (I— L L T L निकला e ता न PR कल काए - P A e s S A i i — न हा s o रवि िक 4 s el नर एस i लव ०० ला न i =+ L ——— AR L 2 2०... s e e - (iti) m any case where any object of wakf has ceased to cxist or has become incapable of achievement, that so much of the income of the wakf as was previously applied to that object shall be मा किन to any other object, which shall be similar, or nearly similar or to the original object or for the benefit of the poor or for the purpose of promotion of knowledge and learning i the Muslim community Provided that no direction shall be given under this clause with- out giving the partics affected an opportunity of being heard. Explanation.—For the purposes of this clause, the powers of the Board shall be exercised— (i) in the case of a Sunni wakf, by the Sunni members of the Board only; and (ii) m the case of a Shia wakf, by the Shia members of the Board ouly Provided that where having regard to the number of the Sunni or Shia members in पीट Board and other circumstances, it appears (0 the Board that the power should not be exercised by such members only, it may co-opt such other Muslims being Sunnis or Shias, as the case may be, 88 it thinks fit, to be temporary members of the Board for exercising its powers under this clause; | (f) to scrutinisc and approve the budgets submitted by muta- wallis and to arrange for the auditing of account of wakfs; (g) to appoint and remove mutawallis in accordance with the provisions of this Act; (h) to take mecasures for the recovery of lost properties of any wakf; ं (i) (0 institute and defend suits and proceedings relating to wakfs; (j) to sanction any transfer of immovable property of a wakf by way of sale, gift, mortgage, exchange or 16506, in accordance with the provisions of this Act: Provided that no such sanction shall be given unless at least two- thirds of the members of the Board vote in favour of such transaction; (k) to administer फिट Wakf Fund; (I) to call for such returns, statistics, accounts and other informa- tion from the mutawallis with respect to the wakf property as the Board may, from time to time, require; (m) to inspect, or cause inspection of, wakf properties, accounts, records or deeds and documents . relating thereto; (n) 10 investigate and determine फिट nature and extent of wakf and wakf property, and to cause, whenever necessary, a survey of such wakf property; SEC, 1] THE GAZETTE OF INDIA EXTRAORDINARY 5 AT TS TR TR कान L e 4 पल s e - ot e i et जा L पाक बन हर, s 7 ७ e e e ५. - —_— . e न मना गम ही - T M बनने amemmme नहा - P नल कान (0) generally do all such acts as may be necessary for the control mamtenance and administration of wakfs. (3) Where the Board has scttled any scheme of mandgement unden clause (d) or given any direction under clause (e¢) of sub-section (2). any person interested हा the wakf or affected by such scttlement or direction may institute थे suit in a Tribunal for setting aside such settlement or directions and फिट deci- sion of the Tribunal thercon shall फिट final (4) Where the Board is satisfied that any wakf land, which is & wakf property, offers a feasible potential for development as a shopping centre market, housing flats and the like, it may serve upon the mutawalli of the concerned wakf a notice requiring him- within such time, but not less than sixty days, as may be specified in the notice, to convey its decision whether he is willing to execute the development works specified in the notice (5) On consideration of the reply, if any, received to the notice issued ~ under sub-section (4), the Board, if it is satisfied that फिट mutawalli is not willing or is not capable of executing the works required to be executed in terms of the notice, it may, with the prior approval of the Government, take over the property, clear it of any building or structure thereon, which, in पाए opinion of the Board is necessary for execution of the works and execute such works from Wakf funds or from the finances which may be raised on the secu- rity of the properties of फिट wakf concerned. and control and manage the properties till such time as all expenses incurred by the Board under this section, together with interest thereon, the expenditure on - main- tenance of such works and other legitimate changes incurred on the property घाट recovered from the income derived from the property: Provided that the Board shall compensate annually the mutawalli of the concerned wakf to the extent of फिट average annual net income derived from the property during the three years immediately preceding फिट taking over of the property by the Board (6) After all the expenses as enumerated in sub-section (5) have been recouped from the income of the developed properties, the developed pro- perties shall be handed over to mutawalli of the concerned wakf " 33. (1) With a view to examining whether, by reason of any failure or negligence on फिट part of a mutawalli in फिट performance of his executive or adminsitrative duties, any loss or damage has been caused to any wakf or wakf property. फिट Chief Executive Officer with the prior approval of the Board either himself or any other person authorised by him in writing in this, behalf may inspect all movable and immovable properties, which are wakf properties, and all records, correspondences, plans, accounts and other documents relating thereto. (2) Whenever any such imspection 85 referred to in supb-section (1) is made, the concerned mautawalli and all officers 890, other employees working under him and every person connected with the administration of फिट wakf shall extend to the person' making such inspection, all such assistance and facilities as may be necessary and reasonably required by him to carry out such inspection, and shall also produce for inspection any movable property or documents relating to the wakf as may be called for by the person making the inspection and furnish to him such information relating to the wakf as may be required by him. Powers of inspec- tion by Chjef Executive Officer or persons authorised by him. Recovery of the नाप brtarmi- ned under section 33 ‘ondi- ronal attach- m-nt by Trihunal 16 THE GAZETTE OF INDIA EXTRAORD:NARY [Part Il— ना -->----' e L —————————— R (J) Where, after any such inspection, it appears that the concerned muta- walli or any officer or other employee who it or was working under him had mis-appropriated, misapplied or fraudulently retained, any money or other wakf property, or had incurred irregular, unauthorised or improper eXpenldi- ture from the funds of the wakf, फिट Chief Executive Officer may, after giving the mutawalli or the person concerned a reasonable opp,ortuni;t'y of showing cause why an order for the recovery of the amount or property, should not be passed against him and after considering such explanation, if any, as such person may furnish, determine the amount or the property, which has been mis-appropriated, misapplied or fraudulently retained, or the amount of the irregular, unauthorised or improper expenditure incurred by su¢h person, and make an order directing such person to make payment of the amount so determined and to restore the said property to the wakf, within such time as may be specified in the order. - (49 A mutawalli or other person aggrieved by such order may, within thirty days of the receipt by him of फिट order, appeal to फिट Tribunal: ' Provided that no such appeal shall be entertained by the Trnbunal unless the appellant first deposits witii the Chief Executive Officer the amount which has been determined under sub-sectoin (3) as being payable by the appellant and the Tribunal shall have no power to make any order staying pending the disposal of the appeal, the operation of the order made by the Chief Execu- tive Officer under sub-section (3) - ' (5) The Tribunal may, after taking such ecvidence as it may think fit, confirm, reverse or modify the order made by the Chief Exccutive Officer under sub-section (3) or may remit, either in whole or in part, the amount specified in such order and may make such orders as to costs as it may think appropriate in the circumstances of the case * ' (6) The order made by the Tribunal under sub-section (5) shall be final. | i , । 34. Where any mutawalli or other person who has been ordered, whether under sub-section (3) or sub-section (5) of section 33, to make any payment or to restore the possession of any property, omits or fails to make such pay- ment or restoration within the time specified in such order, the Chief Ex,lecutiye Officer, with the prior approval of the Board shall, take such steps 85 he may think fit for the recovery of possession of the property: afore- said and shall also send a certificate to the Collector of the district in which the property of such mutawalli or othos person is situate, stating therein the amount that has been determined by him or by घाट Tribunal. as the case may be, under section 33. 25 beire pavable by <uch mntawaslli or other person, and thercupon, the Collector shall recover the amount specified in such certificatc as if it were an arrear of land revenue and on the recovery of such amount, ~nv the same to the Chief Executive Officer, who shall, on receipt thereof, 't the amount to फिट funds of the concerned wakf. | b 35. (1) Where फिट Chief Executive Officer is satisfied that the mutawalli or any other person who has been ordered under sub-section (3) or sub- section (5) of section 33 to make any payment, with intent to defeat or delay the execution of the said order,— (a) is about to dispose of the whole or any part of his pmp‘ény; oF - ! vof 1908 Sec, 1] THE GAZETTE OF INDIA EXTRAORDINARY 17 e - .- i - — s n जल — - - — [ — i o . S न . - (6) is about to remove the whole or any part of his property from the junisdicuon of the Chief kxecuuve Oftficer, he may, with the prior approval of घाट Board, apply to the Tribunal for the conditional attachment of फिट said preperty or such part thereof, 85 he may think necessary. (2) The Chief Executive Officer shall, unless the Tribunal otherwise dir- ०८15, specify in the application घाट properiv roquired to be attached and 16 estimated value tfiereof. (3) The Tribunal may direct the mutawalli or the person concerned, as the case may be, within a time to be fixed by i, either to furnish security, in such sum 85 may be specified in the order, to procduce and place at फिट dispo- sal of the Tribunal when required, the said property or the value of the same or such portion thereof as may bc sufficient to satisfy the amount specified in the certificate referred to in section 34, or to appcar and show cause why he should not furnish such security. (4) The Tribunal may also in फिट crder direct the conditional aitachment of the whole or any portion of the property 50 specified. (5) Every attachment made under this section shall be made in accord- ancc with the provisions of the Code of Civil Proczdure, 1908, as if it were an order for attachme¢nt made under फिट provision of the said Code. CHAPTER_ Vv REGISTRATION OF WAKFS 36. (1) Every wakf, whether cresicd before or after the commencement of this Act, shall be registered at the office of the Board. (2) Application for registration shall be made by the mutawaili: Provided that such applications may be made by the wak® or his des- cendants or a benefi~iary of the wakf or any Muslim belong ' ng to the sect (0 which the wakf belongs, . (3) An application for registration shall be made in such form and man- ner and at such place as the Board may by regulation provide and shall con- tain following particulars: — (a) a description of फिट wakf properties sufficient for फिट identi- fication thereof; (b) the gross annual income from such properties; (c) the amount of land revenue, cesses, rates and taxes annually payable in respect of the wakf properties; (d) an estimate of the expenses annually incurred in the realisa- क्र of the income of the wakf properties; (e) the amount set apart under the wakf for— (7) the salary of फिट mutawalli and allowances to the indivi- duals; (ii) purely religious purposes; (iif) charitable purposes; and Register of wakfs. Powers of Board to appoint Executive Officer. हि THE GAZETTE OF INDIA EXTRAORDINARY [किक r - दर नलिपल नल +न जानना कि हज बल -न तह कप e पा e e गए v s ., TR पलपल नकारा वि e R = e m ————— (iv) any other purposes; (f) uny other particulars provided by the Board by regulations. (4) Every such application shall be accompanied by a copy of the¢ wakf deed or if no such deed has been executed or 2. copy thereof cannot be ob- tained, shall contain full particulars, as far as they are known to the appli- cant, of the origin, nature and objects of the wakf. (5) Every application made under sub-section (2) shall be signed and verified by the applicant in the manner provided in the Code of Civil Proced- ure, 1908 for the signing and verification of pleadings. ' (6) The Board may require the applicant to supply any further particu- lars or information that it may consider necessary. (7) On receipt of an application for registration, the Board may, before the registration of the wakf make such inquiries 85 it thinks fit in respect of the genuineness and validity of the application and correctness of any particulars therein and when the application is made by any person other than the person administering the wakf proprety, the Board shall, before registering the wakf, give notice of the application to the person administering the wakf property and shall hear him if he desires to be heard. . (8) In the case of wakfs created before the commencement of this Act, every application for registration shall be made, within three months from such commencement and in the case of wakfs created after such commencement, within three months from the date of the creation of the wak}:; Provided that where there is no board at the time of creation of 8 wakf, such application will be made within three months from the date of establishment of the Board. 37. The Board shall maintain 3 register of wakfs which shall contain in respect of each wakf copies of the wakf deeds, when available and the following particulars, namely:— (a) the class of the wakf; (b) the name of the mutawalli; (c) the rule of succession to the office of mutawalli under the wakf deed or by custormt or by usage; | (d) particulars of all wakf properties and all title deeds and documents relating thereto; (e) particulars of the scheme of administration and the scheme of expenditure at the time of registration; (f) such other particulars as may be provided by regulations. 38. (1) Notwithstanding anything contained in this Act, the Board may, if it is of the opinion that it is necessary so to do in the interests of the wakf, appoint on whole-time or part-time basis or in an honorary capacity, subject to such conditions as may be provided by regulations, ag Executive Officer with such supporting staff as it considers necessary for any wakf having a gross annual income of not 1९553 than five lakhs rupees: 5 of 1908. SEC, 1} THE GAZETTE OF INDIA EXTRAORDINARY 19 . . - e --- et ० + - [ P U पल TR कला R पा गा गा s il bl d Provided that the person chosen {or appointment should be a person professing Islam. , . (2) Every Executive Officer appointed under sub-section (1) shall exereise such powers and discharge such duties as pertain only to the administration of the property of the wakif {or which he has been appeini- “ed and shall exercise those powers and discharge those duties under the direction, control and supcrvision of the Board: i Provided that the Executive Officer who is appointed for a Wa]f-l-" having a gross annual income of not less . than five lakhs rupees shal] ensure ihhat the budget of the wakf is submitied, the accounts of the wak{ are regularly maintained, and the yearly statement of -accounts are sub- mitted within such time as फिर Board may specify. | (3) While exercising his powers and discharging lus functiohs under sub-section (2), the Executive Officer shall not interfere with any reli- gious duties or any usage or custom of the wakfl sanctioned by the Muslim law, | (4) The salaries and allowances of the Exccutive Officer a nd his staff shall be fixed by the Board and in fixing फिट quartum of such salary the Board shall have due regard to फिट income of पार wakl, the ex'ent and nature of the duties of the Executive Officer and shall also ensure that the amounis of such salaries and allowances are not disproportiona je to. the ncome of फिट wakf and do not operate as an unnecessury financial bur den on 1, I.r (5) The salarieg and allowances of पाए Executive Officer and his stafl’ shall be paid by the Board from पीर Wakf Fund and, if the wakf gene rates any additional income as a result of appointment of the Executive Off icer. the Board may claim reimbursement of amounts spent on the salarie g and allowances from the fund of the wakl concerned. (6) 'The Board एफ, for sufficient reasons, anc after giving ६9 the Fxecutive Officer or a member of पद staff, a reasonable opportuniiy of being heard. suspend. remove oOr dismiss the Execntive Officer ovr a member of his staff from his post, (7) Any Executive Officer or a member of hig staff who 15 .a--f*"""gr'.'e"Wd Iy anv order of removal or dismissul made undey sub-section (6) may. within thirtv days from फिट date of communication oi the order. prefer an appeal against the order to the Tribunal and the Tribunal ray, pfter considering such representation as फिट Board may make in the matler. giving o reasopable opportunity 10० the Exccutive Officer or दी and after member of his staff of being heard. confirm, modify or reverse the order. 39, (/) The Board shall. if it is satisfied that the objects or anv Part page of o wakf have ceased to exist, whether such cesser ool place of thereol, o 1 [पिला it | :. eause Ty {1 हित 11t hefore or afrer the commencement of this Acf, cause an mquiry ध velation held bv छाल Chief Execufive Officer, in the prescribed manner. to as- - 5 .. certain the properties and funds pertaining to s uch wakf. ' ं which ' have ceased (2) On the receipt of फिट report of inquiry of the Chiel Executive XL, Officer. the Board shall pass an order—- हा) द्टटपफ्रिषिए the property and funds of such wakf; | Decision if a propetly, l.s wakf property 20 THE GAZETTE OF INDIA EXTRAORDINARY [Part Il e T s MBS A S mL कक e R e e e o ० s it 4 A, s एप s न « - पल L 5 s AR 4 R R TN L हे A AR पति ALY . कं न जल नि ७. v e किए L ' न —— A नाना का लत R, - o ——— - — ० 0०, o e A . ks < bk A < e Bkl 3 e Yl A s b i e b s Ak el e —-— (b) directing that any property or funds pertaining to such wakt which have been recovered shall be applied or utilised for the re- novation of any wakf property and where there is no need for making any such renovation or wherg utilisation of the funds for such renovation is not possible, be appropriated, to any of the pur- poses specific in sub-clause (दा) of clausc (e) of sub-section (2) of section 32. (3) The Board may, if it has reason to believe that any building or other place which was being used for religious purpose or instruction or for charity has, whether before or after the commencement of this Act, ceased to be used for that purpose, make an application to the Tri- bunal for an order directing the recovery of possession of such building or other place. | (4) The Tribunal may, if it is satisfied, after making such inquiry 85 it may think fit, that such building or other place— (a) is wakf property; (b) has not been acquired under any law for the time being in force relating to acquisition of land or is not under any process of acquisition under any such law, or has not vested in the State Government under any law for the tims being in force relating to land reforms; and | (¢) 15 not in the occupation of any person who has been autho.- rised by or under any law for the time being in force to occupy such building or other place, make an order— (i) directing the recovery of such building or place from any person who may be in unauthorised possession thereof, and (i) directing that such properiy, building or place be used for religious purpose or instruction as tefore, or if such use is not possible, be utilised for any purpose upecified in sub-clause रद्द) of elause (e) of sub-section (2) of section 32. 46. (I) The Board may itse'f collect information regarding any pro- perty which it has reason to believe to be wakf property and if any question arises whether a particular property is wak? property or not or whether a wakf is a Sunni wakf or a Shia wakf{ it ma L . vy, after making such mquiry 85 it may deem fit, decide फिट question. | (2) The decision of the Board on & question under sub-section (/) shall unless revoked or modified by फिट Tribunal, be final. (3) Where the Board has any reason to believe that any property of any trust or society registered in pursuance of the Indian Trusts Act, 1882 or under the Societies Registration Act, 1860 or under anv other Act. is wakf property, the Board may notwithstanding ’ tained in such 2०. hold an inauiry in re v such inquiry the Board is satisfied that ! anything con- gard (6 such property and if after such property is wakf property, 201582 21 of 1860. HE GAZETTE OF INDIA EXTRAORDINARY 21 A L AR न न ० 3eC, 1] e S —— ki e 14 - शक. - = pr— नाश - e e जन्नत. ला! लय e —————— ¢ - 1 ¥ MM a— — अलग . o e पालक नकल - & 17, W 8 R - e T A e e —— L. 1 V. g BryTY LoV — लक वतन का AP P call upon the trust or society, as the case may be, either to regisier such property under this fict as wakf property or show cause why such property should aot be so registered । Provided that in all such cases, notice of the action proposed to 02 taken under this sub-section shall be given to the authority by whom the trust or society had bLeen registered. ) (4) The Board shall, after duly considering such cause as may be shown in pursuance of notice issued under sub-section (3), pass such ‘orders as it may think fit and the order so made hy the Board, shall be सा, unless it is revoixed or modified by a Tribunal. 41. The Board mav direct a mutawalli to apply for the registration of a wakf, or to supply any information regarding a wakf or may itself cause the wakf to be registered or may at any time amend the register of wakfs. 42. (1) In the cace of ny change in the management of a registercd wakf due 1o tire एल or retirement or removal of the mutawalli, the jpeoming rautawalll shall forthwith, and any other person may notify the change to the Poard. | (2) In the case of any other change in any of the oarticulars men- tioned in section 36, the mutewalli shall, within three months from the occurrence of the changs. aotily such change to the Board. 43. Notwithstanding anything contained in this Chapter, where any wakf has been registered before the commencement of this Act, under any law for the time being in force, it shall not be necessary to register the wakf under the provisions of this Act and any - such registration made before such commenccinent shall be deemed to be a registration made undeyr this Act ; CHAPTER VI MAINTENANCY, (का ACCOUNTS OF WAKFS 44. (1) Every mutawalll ~f a wakf shall, in every year prepare, in such form and at such time as may bc prescribed, a budget in respect of the financial year next ensuing showing the estimated receipts and expendi- ture curing that financial year (2) Every such budget shall be submitted by the mutawalli atleast . ninety days before the beginning of the financial year (0 the Board and shall make adequate provision for the following: — (i) for carrying out the objects of the wakf (i) for the maintenance and preservation of the wakf property; (i) for the discharge of all liabilities and subsisting commitments binding on the wakf under this Act or any other law for the time being in force (3) The Board may give such directions for making alterations, omis- sions or additions in the budget 85 it may deem fit, consistent with the objects of फिट wakf and the provisions cf this Act. Power (0 cause registra- fion oi wakf and O amend vegister. Change in the mon- agemeit of wakfs [१ be wOtiied. Wakfs registered before the commence- ment of this Act deemed to be registered. Budget. Pecpara- (हा of hudge¢ ol wakis under diroct manage:- ment of the Board, Subinis- siom पर्स acconnts of wakfs. 22 THE GAZETIE OF INDIA EXTRAORDINARY iPaer 1 TN T ML कक कक अल पल अलग “निज s ४ न ०४० e ०० . e T e (4) If in the course of the financial year the mutawalli finds ‘it neces sary to modify the provisions made in the budget in regard to the reccipt or to the distribution of the amoupts to be expended under the different heads, he may submit to the Board ८ supplementary एए a revised budget and the provisions of sub-section (7) shall, as far as inay be, apply to such supplementary or trevised budget. . . 45. (1) The Chicf ‘Executive Officer shall prepare, 1o such form and at suchi time as may be prescribed, a budget in respect of the financial year next cnsuing showing the estimated receipts and expenditure for each of the wakfs t.l'.[ldel' the direct management of the Board, showing thercin the cstimated re- ceipls and cxpenditure and submit it to the Board for its approval . (2) While submitting the budget under sab-section (1), the Chief Execu- tive Officer shall also prepare statement giving details of फिट increase, if any, in the income of each wakf under the direct management of the Board and the steps which have been taken for its better management and the results accruing therefrom during the year. (3) The Chief Exccutive Officer shall keep regular accounts and be 185- ponsible for the proper management of every wakf under पट direct manage- ment of the Board. | (४) Every budget submitted by the Chief Fxecutive Ofticer under sub- - section (1) shall comply with the requirements of section 46 and, for this pur- pose, references therein to the mutawalli of घाट wak? shall be construed as pre- references 1० the Chief Executive Officer. ' (5) The audit of accounts of every wakf under पट direct management of the Board shall be undertaken by the State Examiner of Local Funds or any other officer appointed by फिट State Government for this purpose, irrespective - of the income of the wakf. (6) The provisions of sub-sections (2) and (3) of section 47 and the pro- visions of sections 48 and 49 shall, in so far as they are not inconsistent with the provisions of this section, apply to फिट audit of accoun!s referred to in this section. (7) Where any wak{ is under फिट direct management of the Bourd, such administrative charges as may be specificd by the Chief Executive Officer shall be payable by the wakf to the Board: Provided that the Chief Executive Officer shall not collect more than ten per cent. of फिट gross annual income of the wakf wnder the direct manage- ment of the Board as administrative charges. 46. (1) Every mutawalli shall keep regular accounts. (2) Before the st day of May next, following फिट date on which the ap- plication referred to in section 36 has been made and thereafter before the Ist day of May in every vyear, overy mutawalli of a wakf shall prepare and furnish to the Board a full and true statement of accounts, in such form and containing such particulars 25 may be provided by regulations by the Board, of all moneys received or expended by पीट mutawalli on behalf of the wakf during the period of twelve months ending on the 31st day of March, जा, as the case may be, during that portion of the said perigd during which फिट provisions of this Act, have been applicable to the wakf: Provided that फिट date जा which the annual accounis काट to be closed may he varied at the discretion of the Board. | स्व, 1] THE GAZETTE OF INDIA EXTRAORDINARY 23 47. (1) The accounts of wakfs submitted 1o the Board under setlion 46 shall be audited and examined in- the following manpner, namelyi— (दो in the case of a wakf having no income or A net annual income not exceeding ten thousand rupees, the submission 0‘1!'::1 state- ment of accounts shal] be a sufficient compliance with the provisions of scction 46 and the accounts of two per ceat. of such wakis shall be audited annually by an audifor appointed by the Board; N (b) the accounts of the wak{ having nct annual income cxceeding ien thousand rupees shall be audited annuaily, or at such other intervals as may be prescribed, by an auditor appointed by the Board from out of the panel of auditors prepared by the State Governmeni and while drawing up such panel of auditors, फिट State Government shal] specify the scale of remuneration of auditors; (¢) the State Government may, at any time cause फिर account of any wakf audited by फिट State Examiner of Local Funds or by any other officer designated for that purpose by that State Government; (2) The auditor shall submit his rcport (0 the Board and the report of the auditor shall among otherthings, specify all cascs of iercgular, illegal or im- proper cxpenditure or of failure (0 recover money or other property caused by neglect or misconduct and any other matter which the auditor considers it necessary to report; and the report shall also contain the name of any person who, in फिट opinion of फिट auditor, is responsible for such -expenditure or failure and the auditor shall in every such case certify the amount of such ex- penditure or loss as due from such person. (3) The cost of फिट audit of the accounts हो. & waki shall be met from the funds of that wakf: Provided that the remuneration of the auditors appointed from out of the panel drawn by the State ‘Government. in iclation to wakfs having a net annual income of more than ten thousand rupees but less than fifteen thousand rupees shall be paid in accordance with the scale of remuneration h_“lpt‘,t,‘l'fic(.!' Dy the State Government under clause (८) of sub-se ction (7): Provided further that where the audit of the acco unts of any wakf is made by the State Examiner of Local ‘Funds or any othe r officer designated by फिट State Government in this behal, the cost of such audit shall not exc eed one and n half per cent. of the net annual income of cach wakf and such costs <hall be met from पीट funds of the wa kfs concerned . नै पद व of ACCOIES OF एप 1: | ९. Board to pasy orders On andiror's Faporg. Swins certified to be due re- coverale as कक कर रन land reveatie. Duties of mura- walljy, 24 THE GAZET1E OF INDIA EX{RAORDINARY [शक 1o व L Bi- - T L wwrman .l - - - न - - e - T T e कक ) कण अनिल 425 7 A—— 7 S — - o £ - कि न -कन्पराजा s — T ४ व नणणययतय नाक टन व न पन्ने एव १० ८था e ——— न .- - - v - - - PR, . T L iy vt L नह कण b वन ० ot - > -. A e v R L WA . Ly 1 b —— e e it o “न r s e T s +- R 48. (1) The Board shall examine the auditor’s report, and may oall for the explanation of any person in regard to an y matter mentioned thereip, and shall pass such orders as it thinks fit inciuding ovders for the recovery of the amount certified by the auditor under sub-section (2) of section 47. (@) The mutawalli or any other persou aggrieved by any order made by the Board may, within thirty days of the receipt by him of the order, apply to the Tribunal to modify or set aside the order and the Tri- bunal may, after taking such evidence as it may think necessary, confirm or modify the order or remit the amount so certified, cither in whole or in part, and may also muke such order as to costs as i may think APPro- priate in the circumstances of the case. (3) No application made under sub-section (2) shall bhe entertained by the Tribunal unless फिट amount certified bv the auditor wuader sub- section (2) of section 47 has first been dcposited in the Tribunal asd the Tribunal आधी not have any power to stay the opcration of ihe order made by फिट Board under sub-section (1). (4) The order made by फिट Tribunal under sub-section (2) shall be (5) Every amount for the recovery of which any order has been made under sub-section (1) or sub-section (2) shall, where such amount remains unpaid, be recoverable in the manner specificd iu section 24 or section 35 as if फट said order were an order for the rocovery of any amount determined under sub-section (3) of section 25. 49, (1) Every sum certified to be due “rom any person by an auditor in his report under section 47 unless such certificate is modified or can- celled by an order of the Board or of the Tribunal made under section 48, and every sum due on a modified certificate shall be paid by such person within sixty days after the service of a demand for the same issued by the Board. (2) If such payment is not made in accurdance with the provisious हि डए0-56010011 (1), the sum payable may, on a cerikdicute issued by the Board after giving the person concerned an opporiunity of being heard, be recovered in the same manner as an arrear ए lund revenue. - 50. It shall be the duty of every mutawalli— (a) to carry out the directions of फिट Board in accordance with the provisions of this Act or of any rule or order made thereunder; (b) to furnish such returns and supply such information or parti- culars as may from time to time be required by the Board in accor- dance with the provisions of this Act or of any rule or order made thereunder; (c) to allow inspection of wakf properties, accounts or records ज deeds and documents relating thereto; - (d) to discharge all public dues; and (८) to do any other act which he is lawfully required to do by or under this Act. | ं Sec, 1} o - — ' THE GAZETTE OF INDIA EXTRAORDINARY 25 T MR - kAR ——— कि L LA o U कक U P i b kN o AL 1 Y - i A B कि . I T Tl P T T e L R PR पे न «यन्न वन ना लि लक नल. A - st e ।« 4 «न ¢ e ety _ sl et g व. = 74 8§« s ey g bt धन्य e । का । e 54. (/) Notwithstanding anything contained in the wikf deed, any gift, sale or exchange mortgage of any immovable property which s wakf property, shall be void unless such gift, sale, exchange or mortgage is effected with the prior sanction ol the Board: Provided tnat no mosque, dargah or khangah shall be gifted, sold, ex- changed or morigaged cxcept in accordance with any law for the time being का force. | (2) The Board may, after publishing in the Ofiicial Gazette, the par- ticulars relating to फिट transaction referred 10 in sub-scction (1) and in- viting any objections and suc,flgas'1;:'.0;\113 with respect thereto and considering all objections and suggestions, if any, that may be reccived by it from the concerned mutawalli or any other person interested in the wakf, accord sanction to such transaction if it 15 of opinion that sucn ufas‘.\sa,x:u".f)n 15--- (i) necessacy or beneficial to the चारा: (%} consistent with the objects of घाट wakf, (iii) the consideration thereof is reasooable and adequate: Provided that the sule of any pruperty sanctioned by फिट Board shall be effected by pablic usuction and shall be subject to coafirmation by the Board within such time as may be prescribed: Provided further that फिट Tribunal may, on the application of the aggricved mutawalli or other person, for reasons to be recorded by it in writing, permit such sale to be made otherwise than by public auction, if it 15 of opinion that it is necessary so to do in the intcrest of the wakf. (3) The utilisation or investment of फिट amount realised by फिट 'sale or exchange mortgage of any property shall be made by the mutawalli subject to the approval of फिट Board, and where any amount has been ' raised by mortgage of any such property, the mutawalli or other person' shall make repayment of the mortgage-debt and obtain a discharge of the mortgage-debt from the mortgage within such reasonable time as the Board may specify. (4) Every approval given by the Board under sub-section (3) आशा be cormmunicated to the mutawalli and shall also be published in. the manner prescribed. | (5) The mutawalli or any other person having an interest in the wakf who is aggricved by फिट decision given under sub-section (3), may, within ninety days from पट datc of communication to him of such decision or the publication of the decision, as the case may be, prefer था appeal ' (0 the Tri- bunal against such decision, and, thereupon, the Tribunal may, after giving the appcllant and the Board, a reasonable opportunity of being heard, con- firm, modify or set aside such decision. 52. (1) If the Board is satisfied, after making any inquiry . in such manner as mav be prescribed, that any immovable property of a wakf entercd as such in the register of wakf maintained under section 36, has been transferred without फिट previous soaction of the Board in contravention of the provisions of section 51, it may send a requisitior to the Collector with- in whose jurisdiction फिट property is situate to obtain and deliver possession of the property to it | (2) On receipt of a requisition under sub-section (1), the Collector shall pass an order directing the person in possession of the property to deliver the property 10 the Board within a period of thirty days from the date of the scrvice of the order. Aljena- tion of wakf property without SANCLIOn ¢ Board to be ४६४10, हि एिट के of wakf maperty trans- icrred in contra- ventioa of “ection 51. Reatric- tion on purchase of pro- कटा क On behatt of भा ली, Reaoval 07 enoto- achment frogn wak? pro- perty. A < THE GAZETTE OF INDJA EXTRAORDINARY (Pawr - (3) Every order passed under sub-scction (2) shall be served— (@) by giving or tendering the order, or by sending it by post to the person for whom it is intended; or (6) if such person cannot 9८ found, by affixing the order on some conspicuous part ए his last known place of abode or business, or by giving or teudering the order to somec adult male member or servant of his family or by causing it to be affixed on some conspicuous part of पट property to which it relates N { Provided that where the person on whom the order is to be served is a mmor, service upon his guardian or upon any adult male member or sefvant of his family shall be deemed to be the service upon the minor (4) Any person aggrieved by the order «f the Collector under sub-section (2) may, within a period of thirty days from the date of the service of the order, prefer an appeal to फिट Tribunal within whose jurisdiction the property 15 situate and फीट decision of the Tribunal on such appeal shall be final (7) Where an order passed under sub-section (2) has not been conmiplied with and the time for appealing against such order has expired without an appeal having been preferred or the appeal. if any. preferred within that time has been dismissed, the Collector shall obtain possession of the praperty in respect of which the order has been made, using such force, if any, as may be necessary for the purpose and deliver it to फिट Board. (6) In exercising कांड functions under this section the Collector shall be guided by such rules as may be provided by regulations 33. Notwithstanding anything contained in a wakf deed, no immovable property shall be purchased for or on behalf of any wakf from the funds of any wak{ except with the prior sanction of the Board, and the Board shall not accord such sanction unless it considers that the acquisition of such: pro- perty is mecessary or beneficial to फिट wakf and that फिट price proposed to be paid therefor is adequate and reasonablc: Provided that before such sanction is wccorded, फिट particulars relating to पार proposed transaction shall be published in the Official Gazette inviting objections and suggestions with respect thercto and, the Board shall. after considering the objections and suggestions thatr may be received by it from mutawallis or other persons interested in the wakf, make such orders as it may think हि. 54. (1) Whenever फिट Chief Execufive Oficer considers whether on receiving any complaint or (जा पिंड own maotion that there has heew an encroach- ment on any land, building, space or other property which व. wakf property and, which has been registered as such under this Act. he shall cause to he served upon the cncroacher 2 notice specifying the particulars of पीर eneroaci- ment and calling upon him to show cause hefore ते date to be specified in such notice, as to why an order requiring him to remove the encroachment befora the date so specified should not be made and shall also send a copy of such notice to the concerned mutawalli SEec, 1] TR e s A - - e e - —— ५ L ey . ४ ० करन अभ नकारा गाए THE GAZETTE OF INDIA EXTRAORDINARY 27 — — - L P अन्ना कि 1 et e A = R m o e 4 W b eomiar e s (?2) The notice referred to in sub-section (I) shall be scrved in such manner as may be prescribed. | .- _~ (3) If, after considering the objections, received during the peripd speci- fied in फिट notice, and after conducting an inquiry in such manner as may be Prescribed, the Chief Executive Officer is satisfied that the property in question is wakf property and that there has been an encroachment on any such wakf property, he may, by an order, require the encroacher to remove such encroach- ment and deliver possession of the land, building, space or other property en- croached upon to the mutawalli of the wakf. (4) Nothing contained in sub-section (3) shall prevent any persorn aggriev- ed by the order made by फिट Chief Executive Officer under that sub-section from instituting a suit in a Tribunal to establish that he has right, title or interest in the land, building, space or other property: | | Provided that no such suit shall be instituted by a person who has been let into possession of the land, building, space or other property as a lessee, licensee or mortgagee by the mutawalli of the wakf or by any other person authorised by him in this behalf. ‘ f SS. Where फिट person, ordered under sub-section (3) of section 54 to remove any encroachment, omits or fails to remove such encroachment, within the time specified in the order or, as the case may be, fails to vacate the land, building, space or other property to which the order relates, within .the time aforesaid, the Chief Executive Officer may apply to the Sub-divisional Magis- trate within the local limits of whose jurisdiction the land, building, space or other property is situated for evicting फिट encroacher, and, thereupon, such Magistrate shall make an order directing the encroacher to remove_' the en- croachment, or, as the case may be, vacate the land, building, space or other property and to deliver possession thereof to the concerned mutawalli and in default of compliance with the order, remove the encroachment or, 85 the case may be, evict the encroacher ‘from the land, building, space or other property and may, for this purpose, take stich police assistance as may be necessary. 56. (I) A lease or sub-lease for any period exceeding three years of any immovable property which is wakf propertv shall, notwithstanding anything contained in the deed or instrument of wakf or in any other law for the time being in force, be void and of no effect. (2) A 16856 or sub-lease for a period exceeding one vear and not: exceed- ऐप three years Bf immovable property which is wakf property shall. not withstanding anything contained in the deed or instrument of wakf of in any other law for the time being in force, be' void and of no effect unless it 115 made with the previous sanction of the Board. (3) The Board shall, in granting sanction for lease or sub-ldase ' or renewal thereof under this section review the terms and conditions on which the lease or sub.lease is proposed to be granted or rene‘kred and L . का [ 1 make its approval subject to the revision of such terms and conditions in such manner as it may direct. छाए of order, niade under उप छा 1) £10n O एल 19 छाती, wakf reperty. Muta- wall; entitled 10 pay certajn COsts from income of wakf property. Power of Board o pay dues in case of de- fault by muta- walli, Creztion of rescrve Extension of time Penaltiog, 28 THE GAZETTE OF INDIA EXTRAORDINARY |PART 11— का शक की ———— —_— e e BT A S .t T i 1o e o oA नल पालन न एव o A et . B i - - — - ० - — -- - [E— - [P - A ——— —— है लिन कक न का = e R b e o A S . . o - लि ] नि A A - PR कि i o, b e, A T S rd % - s e AR e wms AT जप Tmeww काल AW oo 57. Notwithstanding anything corained in the wakf deed, every mutawalli may pay from the income of the wakf property any elxpe.ns-e s properly incurred by him for the purpose of enabling him to furnish any particulars, documents or copies under section 36 or any ___accounts under section 46 or any information o documents required by the Board or for the purpose of enabling him to carry out the directions रण the Board. - | 58. (I) Where a mutawallj refuses (0 pay or fails ५0 pay any revenue, cess, rates or taxes due to the Government or any local authority, the Board may discharge dues froin the Wakf Fund and may recover the amount so paid from the wakf property and may also recover damages not exceeding twelve and a half per cent. of the amount so paid. (2) Any sum of money due under sub-section (/) may, on a certifi- cate issued by the Board after giving the mutawallj concerned an oppor- tunity of being heard, be recovered in the same manner as an arrear of land revenue. | | L L3 - 59. For the purpose of making provisions ifor the payment of rert and of revenue, cess, rates and taxes due to the Government or any lpcal authority, for the discharge of the expenses of the repair of the wak{ pro- perty and for the preservation of the wakf property, the Board may direct . the creation and maintenance, in such manner as it may think fit, of a reserve fund from the income of a wakf. 60. The Board may, if it is satisfied that it is | necessary‘ so to d-o,; ex- tend the time within which any act is required to be done by the mutawalli under this Act. | . -l के " 61. (7) If a mutawalli fails to— (a) apply for the registration of a wakfs; (b) furrish statements of particulars or accounts or returns. as required under this Act; (c) supply information or .pal‘t.icu]ars as required by the Board; (d) allow inspection of wak{ properties, accounts, records or deeds and documents relating thereto; तन ] ) - - (¢) deliver possession of any wakf p roperty, if ordered b Board or Tribunal; ,_ d by the (f) carry out the directions of the Board; (¢9) discharge any public dues; or " (h) do any other act which he is lawfull ui न or under . this Act, o 8 Wy required to do by 2af 1914 Skc. 1] HE GAZETTE OF INDIA EXTRAORDINARY ' 29 L न का कि न - BT P kit T —_ वि = R T YR T TR या g gy ¢ e o o) M Wt RARRC P . बच % rmmE e e = कला नाक पाना का नागिन एलन जात am दल वजन पल ला हे धवन एन न ० he shall, unless he satisfies the court or the Tribunal that there was rea- sonable cause for his failure, be punishable with fine which may extend to eight thousand rupees (2) Notwithstanding anything contained in sub-section (1), if— . (¢) a mutawalli omits or fails, with a view (७ concealing घाट existence of a wakf, to apply for its registration under his Act,— (i) 1in the case of a wakf created before the commencement of this Acr, within the period specified therefor in sub-section (8) of section 36; (i) in फिट case of any wakf created after such commence- ment, within three months from the date of the creation of घाट wakf; or (b) a mutawalli furnishes any statement, return or informa- tion to फिट Board, which he knows or has reason to believe to be false, misleading, untrue or incorrect in any material particular, he shall be punishable with imprisonment for a term which may extend to six months and also with fine which may extend to fifteen thousand Tupees . (3) No court, shall take cognizance of an offence punishable under his Act save upon complaint made by the Board or an officer duly autho- rised by the Board in this behalf - (4) No court inferior to that of a Metrop'oll-'tan Magistrate or a Judi- cial Magistrate of the first class shall try any offence punishable under this Act (5) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, the fine impossd under sub-section (I), when realised shall be credited to the Wakf Fund. 1 (6) In every cuse where offender is convicted after the commence- ment of this Act, of an offence punishable under sub-section ' (7) ' ond sentenced to a fine, the court shall also impose such term of imprison- ment in default of payment of fine as 15 avthorised by law for stch default. B 62. No mutawalli shall spend any money out of the funds of the wak, of which he is the mutawalli, for meeting any costs, charges, or expenses which are or may be, incurred by him, in relation to any suit, appeal or any other proceeding for, or incidental to, his removal from offise or for taking any disciplinary action against himself, "" Muia- walli nor to spcud any Tllflflfiy beloni ng to wak f for self defemee. Fower है APEati muta- wallis ju certain 15९6, Somovai ot Muaga- walli. 30 THE GAZETTE OF INDIA EXTRAORDINARY fPaar देन L - e A e e e e e R e i gt e e e e s 8 T e b e et . नमन s वन —— ' R SN गण B v . . r——— s नल ण न e i e ५ . T « e जगा पर 3 आना P जा A ) रे Y . 63. When there 15 a vacancy in the office of the mutawalli of a wak. and there is no one to be appointed under the terms of the deed of the wakf, or where the right of any person to act as mutawalli is tisputed, the Board may appoint any person 00 act as mutawalli for such petiod and on such conditions as it may think fit, 64. (1) Notwithstanding anything contained in any other law or the deed of wakf, tlie Board may remove a mutawalli from his office if such mutawalli— (a) has been convicted more than once of an offence punishable under section 61; or (0) has been convicted of any offence of criminal breach of trust or any other offence involving moral turpitude, and such conviction has not been reversed and he has not been granted full pardon with respect to such offence; or (0) is of unsound mind or is suffering from other mental or physical defect or infirmity which would render him unfit to perform the functions and discharge the duties of a mutawalli; or (d) is an undischarged insolvent; or (e) is proved to be addicted to drinking liquor or other spirit- uous preparations, or is addicted to the taking of any nareotic drugs; or (f) is employed as a paid legal practitioner on behalf of, or against, the wakf; or (g) has failed, without reasonable excuse, to maintain regular accounts for two consecutive years or has failed to submit, in two consecutive years, the yearly statement of accounts, as required by sub-section (2) of section 46: or (h) is interested, directly or indirectly, in a subsisting lease in respect of any wakf property, or in any contract made wWith, or any work being done for, the wakf or is in arrears in respect of any sum due by him to such wakf; or (i) continuously neglects his duties or commits any misfeasance, malfeasance, misapplication of funds or ‘breach of trust in relation to the wakf or in respect of any money or other wakf property; or () wilfully and persistently disobeys the lawful orders made by the Central] Government, State Government, Board under any provision of this Act or rule or order made thereunder; (k) misappropriates or fradulently deals with the property of the wakf. | (2) The removal of a person from the office of the mutawalli shall not affect his personal rights, if any, in respect of the wakf property either as a beneficiary or in any other capacity or his right, if any, as a sajjadanashin. 3 of 1908. — ५ - P जलन SEC, 1] THE GAZETTE OF INDIA EXTRAORDINARY 3i «० जन पिन के अप T नाता न T न कक व ८ न-- कब पलक, . बता है एक तन s «न -. लिन का «न (3) No action shall 06 taken by the Board under sub-section (Z), unless it has held an inquiry into the matter ता a prescribed manner and the decision has been taken by a m&ajirity of 20६ tess than two-thirds of ihe members of the Board. (4) A mutawalli who is aggrieved by un order passed under any of the clauses (८) to (i) of sub-section (I), may, within one month from the date of the receipt by him of the order, appeal against the order to ११6७ Tribunal and the decision of the Tribunal on such appex]l shall be ' final. \ (6) Where any inquiry under sub-section (3) is proposed, or com- _ menced, against any mutawalli, the Board may, ‘f it is of opinion that it is necessary so to do in the interest of the wakf, by an order suspend such mutawalli until the conclusicn of the inquiry: Provided that no suspension for a period exceeding ten days shall be made except after giving the mutawalli 5 reasonable opportunity of being heard against the proposed action. (6) Where any appeal is filed by the mutawalli to the Tribunal under sub-section (4), the Board may make an application to the Tribunal for the appointment of a receiver to manage the wakf pending the decision of the appeal, and where such an application is made, the Tribunal shall, notwithstanding anything contained in the Code of Civil Procedure, 1908, appoint a suitable person as receiver to manage ihe wakf and direct the receiver so appointed to ensure that the customary or rell‘gx'o"us rightg of the mutawalli and of the wakf are safeguarded. (7) Where a mutawalli has been removed from his office under sub- section (1), the Board may, by order, direct the mutawalli to deliver possession of the wakf property to the Board or any officer duly authorised in this behalf or to any person or committee aprointed to घटा 85 the mutawalli of the wakf property. | (8) A mutawalli of a wakf removed from his office under this sec- tion shall not be eligible for re-appointreent ८5 a mutawalli of that wakf for a period of five years from फिट date of such removal. (1) Where no suitable person is available for appointment as a mutawalli of a wakf, or where the Board is satisfied, for reasons to be recorded by it in writing, that the filling up of the vacancy in the office of a mutawalli is prejudicial to the interests of the wakf, the Board may, by notification in the Official Gazette, assume direct management of the wakf for such period or periods, not exceeding five years in the aggregate, as may be specified in the notification | Assump- tion of direct manage- ment of cortain wakfs by the Board. Powers of appoint meat and removal 0: mutawalli whon to teexer Lised by the Stas Ciover? Super- viston and super- sess1o1 of eom- mittee of manage- परत R, 32 THE GAZETTE OfF INDIA EXTRAORDINARY iPasr T i ना . L e कल e e ४ व न R omem R e “नाक नर, न»' [ “ना — e पा लाला —— = —— e पा i S g s 1+ %t Aot न लव पका g e 1 पल ek - AR s ey 4 सन जन ०८ लि जि i e ———— न L S i पा e g 1 4 ke e e = i s 8 it s R b P S S TS (2) The State Government, may, on its own motion ot on the applica~ tion of any person intercsted in the wakf, call for the records of any case for the purpose of satisfying itself as to फिट correctness, legality or pro- priety of the notification issued by फिट Board under sub-scction (1) aud pass such orders as it may think fit and the orders so made by the State Govern- ment shall be final and shall be published in फिट marner specified in sub- section (1). (3) As suvn as possible after the close of cvery iinancial year, the Board shall send to the State Government a detailed rcport in regard to every wakf under its direct maunagement, giving therein— | (८) the details of the income of the wakf for the year wnmediately preceding the year under report; न (L) the steps taken to improve the management and income of the (¢) the period during which the wakf has been under the direct management of the Board and explaining the reasons as to why it has not been possible to entrust the management of फिट wakf to the muta- walli or any committce of managvement during the year; and (d) such other matters as may be prescribed. (4) The State Govcrnment shall exmine the report submitted to it under sub-section (3), and after such examination issue such directions or instructions to फिट Board as it may think fit and the Board shall comply ~with. such directions or. instructions. on receipt thereof. ७6, Whenever a dced of wakf or anv decree or order of a court of any scheme of management of any wakf provides -that a court or any authority other than a Board may appoint or remove a mutawalli or scttle or modify sach scheme of management or otherwise exercise supcrintendence over the भार, then potwithstanding anything contained in such deed of wakf, decrce, order or scheme, such powers aforesaid shall be exercisable by the State Government: Provided that where a Board has been established, फिट State Government shall consult the Board before exercising such powers. 67. (1) Whenever the supervision or management of a wakf is vested m any committee appointed by the wakf, then, notwithstanding anything contained in this Act, such committee shall continue to function until it 5 superscded by the Board or until the expiry of its term as may be specified by the wakf, whichever is earlier: Provided that such committee shaill. function under the direction, coi:irol and supervision of the Board and abidc by such directions as the Board :nay issue from time to time: Provided furiber that if the Board is satisfied that any scheme' for' the management of a wakf by a committee is inconsistent with any " provision हा this Act or of any rule made thereunder or with the directions of the wakf, SeEC, 1] THE GAZETTE OF INDIA EXT RAO'RDINA’R_.Y. हे 33 B e s L S — L e नाना S L L ki, — S e ot A b शक A वरना e लय ० ०८ el e, At | g ——rs 3 s L -- कण ।०न०न न e i e e -t M. = 1. 8 g g = . el e R पका = o £ s it may, at any time, modity the scheme in such manuer 85 may be necessary to bring it in conformity with the directions of tile wakt or of the pravisions of this Act and the rules made ihereunder. (<) Notwithstanding anything contained in this Act and in फिट deed of the कद, the Board may, if it is satisfied, for reasons to be recorded in writing, that a committee,, referred to in sub-section (1) is not functioning properly and satisfactorily, or that फिट wakf is being mismanaged and that in the interest of its proper management, it is necessary so to do, by an order, supersede such commuttee, and, on such supersession, any direction of the wakf, in so far as it relates to the constitution of फिट committee, shall cease to have any force: Provided that फिट Board shall, before making any order superseding any committee, issue a notice setting forth therein the rezsons for फिट proposed . action and calling upon the Committce to show cause within such time, not being less than one month, as may be specified in the notice, as to why such action shall not be taken. ) (3) Every order made by the Board under sub-section (2) shall be pub- lished उप फिट prescribed manner and on such publication shall be bindinrg on फ़िर mutawalli and था persons having any interest in the wakf. (4) Any order made by the Board under sub-section (2) shall be final: Provided that शाप person aggrieved by the order made' under su.bl—sectj'on (2) may, within sixty days from the date of the order, appeal (0 the Tribunal: Provided further that the Tribunal shall have no power to suspend the operation of the order made by the Board pending such appeal. (5) The Board shall, whenever it supersedes any committee under sub- section (2), constitute a new committee of management simultaneously with the order made by it under sub-section (2). .- ) 1 (6) Notwithstanding anything contained in the foregoing sub-sections, the Board may, instead of superseding any committee under sub-section (2) , remove any member thereof if it is satisfied that such member has abused' his p-l'osifion as such member or had knowingly acted in a manner prejudicial to the interests of the wakf, and every such order for the removal of any member shall be served upon him by registered post: o S Provided that no order for फिट removal of the member shall be made unless he has been given a reasonable opportunity of showing cause against the pro- posed action: o Provided further that any member aggrieved by any order for his femoval from the membership of the committee may, within a period of thirty days from the date of service of the order on him. prefer an appeal against such order to 34 THE GAZETTE OF INDIA EXTRAORDINARY [Pay M- दि - कि की नकल. e भव्य न आशा e e e एन v <y - mmamam - v — B न o — e — बलि 2 - e —— R e s L लाल. व “० . -ह+ नल — e नर ४ e i — o ना — नह i व 0 ० कब्ज « लन-. न. >.. - नर e . बाकि आन वन ना the fribunal and the Tribunal may, after giving a rcasonable opportunity to the appellaiuc and the Board of being heard, confirm, modify or reverse the order made by the Board and the order made by the Tribunal in such appeal saall be- final. mDu“tlfi-"' | of 68. (1) Where any mutawalli or committee of management has been re- Wil ठ. moved by the Board in accordance with the provisions of this Act, or of any: con: scheme made by the Board, the mutawalli or the coinmittee so removed from' mittee 10 the office (hereinafter in this section referred to as the removed mutawalli न o or committee) shall hand over charge and deliver possession of the records, पता of accounts and all properties of the wakf (including cash) to फिट successor rocands, mutawalli or फिट successor committee, within one month from the date specified etc. in the order. (°) Where any removed mutawalli or committee fails to deliver charge or deliver possession of the records, accounts and properties (including cash) to the successor mutawalli or committee within the time specified in sub- section (1), or prevents or obstructs such mutawalli or committee, from ob- taining posscssion thereof after फिट expiry of the period aforesaid, फिट succes- ' sor mutawalli or any member of पीट successor committce may make an appli- cation, accompanied by a certified copy of the order appointing such successor mutawalli or committee, to any Magistrate of the first class within the local limits of whose jurisdiction any part of the wakf property is situated and. thers- upon, such Magistrate may, after giving notice to the removad mutawalli. oc members of the removed committce, make an order directing फिट delivery of charge and possession of such records, accounts and properties ‘ (including cash) of the Wwakf to the successor mutawalli or the committee, 85 the case may 06, within such time as may be specified in the order. (3) Where the removed mutawalli or any member of the removed com- mittee, omits or fails to deliver charge and possession of the records, accounts and properties (including cash) within the time specified by the Magistrats under sub-section (2), the removed mutawalli or every member of the re- moved committee, as the case may be, shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to eight thousand rupees, or with both. | न () Whenever any removed mutawalli or any member of the remqved . committee omits or fails to comply with the orders made by the Magistrate under sub-section (2), the Magistrate may authorise फिट successor mutawalli or committee to take charge and possession of such records, accounts, prfo- perties (including cash) and may auhorise such person to take such palice assistance as may be necessary for the purpose. | (5) No order of appointment of the successor mutawalli or committee, shall be callz= i= juestion in the proceedings beforc the Magistrate under this cection. Sec, 1] THE GAZETTE OF INDIA EXTRAORDINARY 35 e . gt e कान । नल AR न A न, AR g - ला न AR b e g g — न o s § R, हनन w1, m ० ——————ram & om0 के gl e L et 4 A e . P e 4 R T (6) Nothing contained in this scction shall bar the institution of any suit in a competent civil court by any person aggrieved by any order made under this section, to establish that he has right, title and interest in the pro- perties specified in the order made by फिट Magistratc under sub-section (2). 69. (1) Whenever the Board is satislied, whether on its own motion : of on the application of not less than five persons m"telrested in any wakf, that it is necessary or desirable to frame a scheme for the proper administration of the wakf, it may by an order frame such scheme for the _admmj(s'*tra on of the wakf, after consultation with the mutawalli or the applicant in the prescribed manner, \ (2) A scheme framed under sub-section (2) may provide for the reinoval of the mutawalli of the wakf holding office as such immediately before the date on which the scheme comes into force : Provided that where any such scheme provides for the removal of gny hereditary mutawalli, the scheme shall also provide for the appointment of the person next in hereditary succession to the mutawalli so removed, as one of the members of the committee appointed for the proper adminis- tration of the wakf. ' (3) Every order made under sub-section (2) shall be published in the prescribed manner, and, on such publication shall be final and binding on the mutawalli and भी persons intcrested in the wakf: Provided that any person aggrieved by an order made under this section may, within sixty days from the date of the order, prefer an appeal to the Tribunal and after hearing such appeal, the Tribunal may confirm, reverse or modify the order: Provided further that फिट Tribunal shall have no power to stay the operation of the order made under this section. (#) The Board may, at any time by an order, wh ether made before or after the scheme has come into force, cancel or modify the scheme . (5) Pending the framing of the scheme for the proper administration of पीट wakf, the Board may appoint a suitable person to perform all or any of the functions of the mutawalli thereaf and to exercise the powers, and perform फिट duties. of such mutawalli. 70. Any, person interested in a wakf may make an application to the Board supported by an affidavit to institute an inquiry relat ing to the administration of the wakf and if the Board is satisfied that there are reasonable grounds for believing that the affairs of the wakf are being mismanaged 1t shall take such action thereon as it thinks fit. G el bRl e B R e Aot B - किक नि नए b e 4 कण अनाथ e Power of lcard to frame scheme Fowr admfnis- Lragion of wakf. Inquiry relating to ad- minis- rration की wak?. ' Manner of hold- 1 TLEY Juiry. Annual contribu- ‘ion pay- able to Board. 36 THE GAZETTE OF INDIA EXTRAORDINARY - [PaRT II— 71. (1) The Board may, either on an application received under section 73 or on its own m_otion.-—- (¢) hold an inquiry in such manner as may be prescribed; or (b) authorise any person in this behalf to hold an inquiry into any matter relating to a wakf and take such action as it thinks fit. (2) For the purposes of an inquiry under this section, the Board or any person authorised by it in this behalf, shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 for enforcing the attendance of witnesses and production of docunients | CHAPTER VII FINANCE OF THE BOARD 72. (1) The mutawalli of cvery wakf, the net annual income of which is not less than five thousand rupees, shall pay annually, out of the net annual income derived by the wakf, such contributions, not exceeding seven per cent. of such annual income, as may be prescribed, to the Board for the services rendered by such Board to the wakf. न Lxpianation I.—For the purposes of this Act, “net annual income”. shall mean the gross income of the wakf from all sources, including nazars and offerings which do not amount to contributions to the corpus of the wakfs, in a year after deducting therefrom the following, namely:— (i) the land revenue paid by it to the Government; (ii) the rates, cessers, taxes and licence fees, paid by it to घाट Govern- ment or any local authority; - | 1 i namely:— (¢) maintenance of, or repairs to, Irigation works, which shall not include the capital cost of irrigation (0) sceds or seedlings; (¢) manure; (d) purchase and maintenance of agricultural implements; (e) purchasc and maintenance of cattle for cultivation; (' f) wages for ploughing, watering, _sowing,' transplan.'.lfing-', 'harvi'fest-, mg, threshing and other agricultural operations: Provided that घाट total deduction in respect of an expenditure incurred under this clause shall not exceed ten per cent. of the income derived from Jands belonging. to the wakf; (iv) expenditure on sundrv repaits to rented buildings, not exceeding - tive per cent. of'the annual rent derived therefrom, or the actual expenditure, whichever is less o ‘ ! | (iii) expenditure incurred for all or भाप of the following hpurposcs.,” 5 of 1908. Sec, 1] THE GAZETTE OF INDIA EXTRAORDINARY 37 — A ——tr . बन FrA— . A —- A St e e - a— - + ." - e re——— . . S —— ¢ g . T “नाव नाल ना e ——r e L RETN e का नए' U ना की =% W0 ' - -- « जा e e kb अप करण कान - कक e न जा कक 4० s e शा TP लक नल जान —————— (v) salc proceeds of iminovable properties or rights relating to, or - arising out of immovable propertics, if such proceeds are reinvested to carn income for the wakf | Provided that the following items of receipts shall not be deemed to be mcome tor the purposes of this section, namely:— (a) advances and deposits recovered and loans taken or recovered; () deposits made as security by emplovees, lessees or coutractors and other deposits, if any; (c) withdrawals from baunks or of investments; (d) amounts recovered towards costs awarded by courts; (e) sale proceeds of religious books and publications where such sales arc undertaken as an un-remunecrative cnterprise with a view to propagating religion; s‘ (f) donations in cash or kind or offerings made by the ddnors as contribution to फिट corpus of the waki ' Provided that the interest on income, if any, accruing from such donations or offerings shall be taken into account in calculating फिट gross annual income; | ! (g) voluntary contributions received उप cash or Kind for, a specific service to 90 performed by पाए wakf and expended on such service; (h) audit recoveries. Explanation 1I.—In determining, the net annual income for the purposes of this scction, only the एल profit derived by any wakf from its remunerative undertakings, if any, shall be taken as income. and in respect of its non-remune- rative undertukings, such as, schools, colleges, hospitals, poor homes, drphanages or any other similar institutions, the grants given by the Government or any local authority or donations reccived from the public or fecs coliected from the pupils of educational institutions shall not फिट taken as mcome. (2) The Board may in फिट case of any mosque or orphanage or any parti- cular wakf reduce or remit such contribution for such time as it thinks हि. (3) The mutawalli of a wakf may realisc पाए contributions payable by him under sub-section (1) from the various persons entitled to receive any pecupiary or other material benefit from the wakf. but the swm realisable {from any one of such persons shall not exceed such amount as shall bear to the total contri- bution payable फिट same proportion, as the valuc of फिट benefits receivable by such person bears to फिट entire net annual income of the wakf: Provided that पी there is any income of the wakf available in excess of the amount payablc as dues under this Act, other than 85 the contribution under sub-section (1), and in excess of फिट amount payable under फिट wakf deed, the contribution shall be paid out of such income. (१) The contribution payable under sub-section (1) in respect of a. गा shaf, subject (0 the prior, payment of any dues to the Government or, any 1008 authority or of any other statutory first charge on फिट wakf property or the in- Sower of Chicf Execugjve Officer 10 djrect banks or oither person to make pay- ments. 38 THE GAZETTE OF INDIA- EXTRAORDINARY [एस हॉ-- T T N S~/ W et वे व व e\ . ~ S उन g न नमन . .5, T A L W Pk ' पट e e . जल्हक कान ुतुल्‍एएतएईएएएएतएइतजयावाणणाा ey N N e g - 2. :: . come thereof, be a first charge on the income of the wakf and shall be recover- able, on a certificate issued by the Board after giving the mutawalli concerned an. opportunity of being heard, as an arrear of land revenue. (5) If a mutawalli realises the income of the wakf and refuses to pay ot does not pay such contribution, he shall also be personally liable for such contribution which may be realised from his person or property in the manner aforesaid. (6) Where, after the commencement of this Act, the mutawalli of a wakf fails १0 submit a return of the net annual income of the wakf within the time specified therefor or submits a return which, in the opinion of the Chief Executive Officer is incorrect or false in any material particular, or which does not comply with the provisions of this Act or any rule or order made thereunder, the Chief Executive Officer may assess the net annual income of the wakf to the best of his judgment or revise the net annual income 85 shown in the return sub- mitted by the mutawalli and the net annual income 85 so assessed or revised shall be deemed to be the net annual income of the wakf for the purposes of this section: Provided that no assessment of net annual income or revision of return submitted by mutawalli shall bc made except after giving a notice (0 the muta- walli calling upon him to show cause, within फिट time specified in फिट notice., ‘as to why such assessment or revision of the return shall not be made and every such assessment or revision shall be made after considering the reply if any, given by the mutawalli. (7) Any mutawalli who is aggrieved by the assessment or revision made by the Chief Executive Officer, under sub-section (6), may prefer an appeal to the Board within thirty days from the date of the receipt of the {assessrpent or revision of return and the Board may, after giving the appellant a reasonable opportunity of being heard, confirm, reverse or modify पट assessment or revision or the return and the decision of the Board thereon shall be final. (8) If, for any reason, the contribution or any portion thereof leviable under this section has escaped assessment मा any year, whether before or after फिट commcncement of this Act, the Chief Excentive Officer may, within five years {rom the Iast date of the year to which such escaped agsessment relates serve upon फिट mutawalli a notice assessing him with the contribution or portion thercof which had cscaped assessment, ‘and demanding payment thercof within thirty dayvs from the date of service of such notice, and the provisions of this Act and the rules made thercunder, shall, as far as may ' be, arply as if the assessments werc made under this Act. in the first instance. ' 1 | 73. (1) Notwithstanding anything contained in any other law for पट time being in force, the Chief Executive Officer, if he is satisfied that it is 0०005581प्र and cxpedient so to do. make an order directing any bank in which; or any person. with whom any money belonging to a wakf is deposited, (0 pay ‘the contribution, leviable under scction 72, out of such money, as may be 'standing fo the credit of the wakf का such bank or may 90 deposited with such person, or out of the moneys which may, from time to time, be received by c%b' nk or other person for or on behalf of the wakf by way of deposit, and oh re ipt of such orders, the bank or the other person. as the case may be, shall when Skc, 1] THE GAZETTE OF INDIA EXTRAORDINARY 39 TN के ब-« ला , * e R okl b NN AP s yruilygele Sl S S g A निप्पल पर -- I 2 १... का - et 4 [ AN PR S St 1l e नी el S el e . कला no appeal has been preferred under sub-scction (3), comply with suc:h' orders, or where an appeal has been preferred under sub-section (3), s-lml‘ comply with the orders made by the Tribunal on such appeal. | (2) Every payment made by a bank or other person in pursuanceé of any order made under sub-section (1), shall operate as a full discharge of the lia- bility of such bank or other person in relation to पाए sum 50 paid.. (3) Any bank or other person who is ordercd under suh-section (1) to make any payment may, within thirty days from the date of the: order, prefer an appeal against such order to the Tribunal and the decision of the Tribunal on such appeal shall be final. | (4) Every officer of the bank or other person who fails, without any reasonable excuse, to comply with the order made under sub-section (1) or, as the case may be, under sub-section (3), shall be punishable with impri- sonment for a term which may extend to six months or with fine which may extend to eight thousand rupees, or with both. ! ! 74. (1) Bvery authority empowered to disburse any perpétual . annuity payable to a wakf under any law relating to the abolition of zamindaries or jagirs, or laying down land ceilings, shall, or receipt of a certificate from the Chief Executive Officer, specifying the amount of contribution payab le by the wakf under section 72 which remains unpaid, deduct before m:fi king ‘payment of the perpetual annuity to the wakf, the amount specified in such ¢ertificate and remit the amount so deducted to the Chicf Exccutive Offi cer. (2) Every amount remitted under sub-section (1) to the Chief Exccutive Officer shall be deemed to be a payment made by पीट wakf and sha]l, to the extent of the amount so remitted, Gperate as a full discharge of the liability of such authority with regard to thc payment of फिट perpetual annjrity. | 75. (1) For the purpose of giving effect to the provisions ता this' Act, the Board may, with the previous sanction of the State Government, borrow such sum of money and on such terms and conditions as the State Governthent may determine. S | (2) The Board shall repay फिट money borrowed, together wilth any: Interest or costs due in respect thereof, according to the terms and conditions of the loan. \ | " 76. (1) No mutawalli, Executive Officer or other person in’ charge of the administration of a wakf shall lend any money belonging 10 the wakf or any wakf property or borrow any money for the purposes of the wakf except with the previous sanction of the Board: ¥ | r . Provided that no such sanction is necessary if there is an express provision in the deed of wakf for such borrowing or lending, as the casc may be. (2) The Board may, while according sanction, specify any tesms and conditions subject to which फिट person referred to in sub-section (1) is duthorised by him to lend or borrow any money 01 lend anvy other wakf property. . Dcduc- 1i0n of congri- bution from perpe- (एबं anouit y payable to the wakf, Power एवं Board Lo hotrrow, Muta- walll not to lend or borrow moneys without sancrion, Wakt Fuad. Budget Board. 40 THE GAZETTE OF INDIA EXTRAORDINARY {(PARr (I— w— At e e - - T e T AL i एज - * = e - ———A—— का - -- 4w eem e 4 रत सजा - नल - . S हा! (४). Where any money is lent or borrowed, or other wakf property is leat In contravention of the provisions of this section, it shall be lawful for the Chief Executive Officer,— (@) to recover an amount equal to the amount which has been so lent or borrowed, together with interest due thereon, from the personal funds of the person by whom such amount was lent or borrowed; | (h) to recover the possession of the wakf property lent in contraven- tion of the provisions of this Act, from the person to whom it was lent or from persons who claim title to such property through the person to whom such property was lent - o 77. (I) All moneys received or realised by the Board under this Act and all other moneys received as donations, benefactions or grants by the Board shall form a fund to be called the Wakf Fund. (2) All moneys received by the Board, as donations, benefactions :and grants shall be deposited and accounted for under a separate sub-head. (3) Subject to any rules that may be made by the State Government' in this behalf, the Wakf Fund shall 9६ under the control of फिट Board, so, however, that the Wakf Fund under the control of common Wakf Board shall be subject to rules, if any, made in this behalf by the Central Government. e (४8) The Wakf Fund shall be applied to— | & (@) repayment of any loan incwrred under section 75 and payment of interest thereon | (6) payment of the cost of audit of फिट Wakf Fund and the accounts of wakfs (c) payment of फिट salarv and allowances to the officers and staff of the Board; (d) payment of travelling allowances to the Chairperson, members, of the Board; g (¢) payment of all expenses incurred by the Board in the performance of the duties imposed, and the exercise of फिट powers conferred, bv or under this Act; (f) payment of all expenses incurred by फिट Board for the discharge of any obligation imposed on it by or under any law for the time being पा force .. (5) If any balance remains after meeting the expenditure referred 10:10 sub-section (4), the Board may use any portion of such balance for the preser- vation and protection of wakf properties or for such other purposes as it may deem fit. | 78. (1) The Board shall in every year preparc, in such form and at such time as may be prescribed, a budget for फिट next financial year showing the catlimated receipts and expenditure during that financial year and forward . थी copy of the same to the State Government. | (2) On receipt of the budget forwarded to it under sub-section (1), the State Government shall examine the same and suggest such alterations, correc- tions, or modifications to be made therein as it may think fit and forward such suggestions to the Board for its consideration. - a (3) On receipt of the suggestions from the State Government the Board may make written representations to that Government with regard to the alterations, corrections or modifications suggested by that Government and the Sec, 1] नाक a पक L bl - 4 e जन M ekt नल * ना - [ — e का e e दे «पर «० - रवनणक + पल - ० e e .‘_ i THE -GAZETTE OF INDIA EXTRAORDINARY 41 A e एक peta e—— बनना State Government shall, after considering such representations, communicate, within a period of three weeks from फिट date of receipt thereof, (0 the Board its final decision in relation to the matter and the decision of the State Govern- ment shall be final. (4) On receipt of the decision of the State Government ! under sub- section (3), the Board shall incorporate in its budget all फिट alterations, cor- rections, modifications finally suggested by the State Government and - th budget as so altered, corrected or modified, shall be the budget which: shall be passed by the Board . 79. The Board shall cause to be maintained such books of account and ‘other books in relation to its accounts in such form and in such manner 85 may be provided by regulations - 80. (1) The accounts of the Board shall be audited apd ¢,-.\'a.mined annually by such auditor as may be appointed by the State Govgrnment. (2) The auditor shall submit his report to the State Goverriment and the report of the auditor shall, among other things, specify whether the laccounts of every wakf under फिट direct management of the Board have béen kept separately and whether such accounts have been audited annually by tuhe State Examiner of Local Funds and shall also specify all cases of irregular, illegal or improper cxpenditure or of failure to recover money or other pr’o..'pertbr' ‘caused by neglect or misconduct and any other matter which the auditor considers it necessary to report; and the report shall also contain the name of any person who, in the opinion of the auditor is responsible for such expenditur or failure and फिट auditor shall in every such case certify फिट amount of such expenditure or 1055 as due from such person. | | (3) The cost of the audit shall be paid from the WakE Fundl'. S i g 81. The State Government shall examine the auditor’s report and may call for the explanation of any person in regard to any काटा mentioned therein and shall pass such orders on the report as it thinks fit : ! [ 82. (1) Every sum certified to be due {rom any person by an auditor in/ his report under section 80, be paid by such pcrson within sixty days after the service of a demand notice by the Board , | | (2) If such payment is not made in accordance with the provisions of sub-section (I), फिट sum payable- may, on a certificate issued by the Board, after giving the person concerned an opportunity of being heard, be recovered as an arrear of land revenue L Accounts of Board. Audat of accounis of Board. State Govern- ment to Pass vrders on audj- tor’s report. Dues of Board (0 be recovered A% arrears of land- revenue, Constita- tion of Tribunals, etc. 42 THE GAZETTE OF INDIA EXTRAORDINARY {PAry 11— A TR R g 4 s ——— बला" कक V| Sy . R e e e b YU~ 7 4w gkl 4 Perep————rmaa t <o- = e L s e e ———— जाना R T Y ——tm - P P T LT P O CHAPTER VIII e . ] J UDICIAL PROCEEDINGS 83. (I) The State Government shall, by notification in the Official Gazette, constitute 85 many Tribunals as it may think fit, for the determina- tion of any dispute, question or other matter relating (0 8 wakf or wakf property under this Act and define the local limits and jurisdiction under this Act of each of such Tribunals. - 2) Any mutawalli person interested in a wakf or any other person uggrieved by an order made under this Act, or rules made thereunder, may make an application within the time specified in this Act or where no such. time has been specified, within such time as may be prescribed, to the Tribunal for the determination of any dispute, question or other matter relating to the wakf . - (3) Where any application madc under sub-section (1) relates to any wakf property which falls within the territorial limits of फिट jurisdiction of two or more Tribunals, such application may be made to the Tribunal within the local limits of whose jurisdiction फिट mutawalli or any one of the mutawallis of the wakf actually and voluntarily resides, carries on business or personally works for gain, and. wherc any such application is made to the Tribunal aforesaid, the other Tribunal or Tribunals having jurisdiction shall not entertain any application for the determination of such dispute. question or other matter: ¥ I I Provided that the 5८ Government may, if it is of opinion that it . 18 expedicnt in फिट interest of the wakf or any other person interested in , फिट wakf or the wakf property to transfer such application to any other Tribunal having jurisdiction for the determination of the dispute, question or other matter relating to such wakf or wakf property. transfer such application to any other Tribunal having jurisdiction. and, on such transfer, the Tribunal to which फीट application is so transferred shall deal with the application from the stage which was reached before the Tribunal from which the application has been so transferred, except where फिट Tribunal is of opiaion that it is necessary in the interests of justice to deal with the application afresh. S (#) Every Tribunal shall consist of one person, who shall be a meimber of the State Judicial Service holding a rank not below that of a District, Sessions or Civil Judge, Class I, and फिट appointment of every such person may be made either by name or by designation, (5) The Tribunal shall be deemed to be a civil court and shall have the same powers as may. be exercised by a civil court under the Code of Civil Procedure, 1908, while frying 8 suit, or executing a decree or order. (6) सख०८फापा50घााफपापू, सका जप एणादधिफपार्त in the Code of Civil P}_*n_(:ef]‘:urg_-" 1908, the Tribunal shall follow such procedure as may be prescribed. कि iy e ——— f T e am oy का, पकवान तन न 4w 5 of 1908. 5 of 1908. 5 of 1908. 5 ot 1908. Skc, 1] R e R गा! THE GAZETTE OF INDIA EXTRAORDINARY 43 o e o - bR, ला न % by s T e — T —— e —— ! न+. ———— i . नागा — - न नाथ « R शानण न e साल न नणणणथणाणणणाणाणाणणाथणिगागााााययल्‍एल्‍एल्‍ए स्‍ुएए।ल्‍त एएएएतइसुसशीएए7ु rmin—— (7) The decision of the Tribunal shall be final and binding upon the parties to the application and it shall have फिट force of a decree made by थे. civil court. 4 (8) The Execution of any decision of the Tribunal shall be made by the civil court to which such decision is sent for execution in accordance with the provisions of the Code of Civil Procedure, 1908. | | (9) No appeal shall lie against any decision or order whether interim o otherwise, given or made by the Tribunal: | Provided that a High Court may, on its own motion or on the app lication of the Board or any person aggrieved, call for and examine the records relating to any dispute, question or other matter which has been determined by. the Tribunal for the purposc of satisfying itself as to the correctness, lega- lity or propriety of such determination and may confirm, reverse or. modify such determination or pass such other order as it may think fit. 84. Whenever an application is made to a Tribunal for the determination of any dispute, question or other matter relating to a wak f or wakf property it shall bold its proceedings as expeditiously as possible and shall as soon.as practicable, on the conclusion of the hearing of such ma tter give its decision in writing and furnish a copy of such decision to e ach of the parties to the dispute. ' . . . ' ', न 1 " काला '. '. "मी हट, T कन्या की के W कल, / i - b v न -« L. 4. . L ] 85. No suit or other legal proceeding shall lie in any civil court in respect of any dispute, question or other matter relating to any wakf, w akf property or other matter which is required by or under this Act to be determined by a . e A LA ., L. 4 W मे F - L] r - Lo ke - - . - - "कान न ' ० AR cm हक T O e . 86, Notwithstanding anything contained in the Code of Civil Procedure, 1908, or in any other law for the time being in forc e, where any suit or other legal proceeding 18 instituted or commenced— / (@) by or on behalf of 8 Board— (i) to set aside the sale of any immovable property, नाली is wakf property, in execution of a decree or order of a civil court; (६) to set aside the transfer of any immovable prop erty, which is wakf property, made by the mutawalli thereof, whether for valuable consideration or mot, without or otherwise than in accordance with, the sanction of the Board; के जीन I T न ६ नयी." " Tribunal to hold proceed- ings expedi- tiously and to furnish to the parties copies of its decisjon. Bar of jurisdic- tion of civil courts. Appoint- meat of a receiver in certain CASes. Bar to the en- force- ment of right on behals of unregis- tered wakfs. Bur to challenge the validity of any notifica- tion, etc. Notice of suits by parties agajinst Board. Notice of suits, etc., by courts. _ ment of any right on behalf of aiiy wokf which has nog - or heard, tried or decided by any court IPary 1I— b, i s नल THE GAZETTE OF INDIA EXTRAORDINARY नए गए नाप कि आय o गा एक आकलन —— e o —— «नल - P e e — | (iliy (0' vecover possession of the property referred to in - clause (a) or clause (&) or to restore possession of such pro- perty to the mutawaili of the coiceined wakf; or (6) by a mutawalli to recover possession of immovable property, wuich is wakt property, which hias beea transferred by a previous mutawalli, whelilier for vailualle consideration or not, without other- wisc thau in accordance with the sanction of the Board, and which 15 in the possession of the defendant, . | the court may, on the application of the plaintif, appoint a receiver of such property and direct such receiver to pay from time to time to the plaintiit, out of the income of the properiy, such amount as the court may consider to be necessary for further prosecution of the suit. 87, (1) Notwithstandiig anything contained in any other law for the tine फिर dn force, no suit, appusd or wiber lepal proceeding tor the enforce- been registered in shall be instituted or commenced after the commencement of this Act, or where any such suit, appeal or other legal proceeding had been instituted or commenced before such commencement, no such suit, appeal or other legal procceding shall be continued, heard, tried or decided by any court after such commencement unless such wakf has been registered, in accordance with the provisions of this Act. accordance with the provisions ए this हट, (2) The provisions of sub-section (1) shall apply as far as may be, to the claim for set-off or any other claim made on behalf of any wakf which has not been registered in accordance with the provisions of this Act. 88. Save as otherwise expressly provided in this Act, no notification ण order or decision made, proceeding or action taken, by the Central Gov. emment or the State Government under this Act or any rule made there- under shall be questioned in any civil court. 89. No suit shall be instituted against the Board in purporting to 06 done by it in pursuance of this Act or of any rules made thereunder, until the expiration of two months next after notice in writing has been delivered to, or left at, the office of the Board, stating the cause of action, the name, description and place of residence of the plaintiff and the relief which he claims; and the plaint shall contain a statement that such notice has been 50 delivered or left. respect of any act 90. (4) In every suit or proceeding relating to a title to or possession of a wakf property or the right of a mutawalli or beneficiary, फिट court or Tribunal shall issue notice to the Board at the cost of the party instituting such suit or proceeding. (2) Whenever any wakf property is notified for sale in execution of a decree of a civil court or for the recovery of any revenue. cess, rates of taxes due to the Government or any local authority, notice shall be given Sec, 1] o —— THE GAZETTE OF INDIA EXTRAORDINARY 45 — —— [P} पा * ०... ८ हब ४ हनन अपन जन - — एल गा नग e+ e st ——— -~ e N I —————— S PPN R R S SR L T T था पाए e et पापा e m e e e e ———— s to the Board by the court, ('ullector or other person urder whose order the sale is notified. | | (3) In the absence of a notice undcr snb-section (1), ary decree or order passed in the suit or proceeding shall be declared void, if the Board, within one month of its coming to know of such suit or proceeding, applies to the court in this behalf. (4) In फिट absence of a noticc uader sub-soction (23, the sale shall be declared void, if the Board, withia onc month of पड coming {0 know of the sale, applies in this behalf to the court or other authority under whose order the sale was held. \ 91, (I) If in the course of proceedings under the Land.Acquisition Proceed- Act, 1894 or under any law दि the t'me being in force relating,to the e 1““"‘" acquisition of land or other properly, it aprears 1o न Collecior before an 0"f 1894, award is made that any property under acquisition is कराती property, 8 notice | of such acquisition shall be served by Coliector on the Board and furiher proceedings shall फिट stayed fo enable the लिए 7 to appear and plead as a party to the proceeding at any fime with'n thres months from the dat e of the receipt of such nofice. ) Explanation —The rteference to the Collector in the foregoing provi- sions of this sub-section shall, in relation to any other law referre d to therein, be construed, if the Collector is nc* the competent authority’ undér such other law to make an award of the compensation” or other amount payable for acquisition of land or other nroperiy iherennder, as a refe rence to the authority under such other law competat to make such award. | (2) Where the Poard has reason (0 belicve thai any property under acquisition is wakf propetty, it mny at anv time hefora the award is made appear and plead as a party to the proceeding. (3) When फट Board has appeared under the provisions of sub-section (1) or sub-section (2), no order chall he noessed wader seetion 31 or section 32 of the Land Acquisition Act, 1894 or under the cor responding provi- sions of the other law referred to in sub-section (1) without giving an 00- portunity to the Board to be heard , (4) Any order passed under section 31 or section 32 of the Land Acquisition Act, 1894 or under the correspon di ng provisions री फिट other law referred to in sub-section (1) -withovt givi ne an anportunity 10 the Board to be heard,, shall be declar: एस वी the एक... within one month of its coming to know of the order, applies in ihis hehalf to फिट authority. which made the order. ! 92. In any suit or proceeding in respect of-a wakf or any wakf pro- Boardto car an ad as a patty 10 the suit or roceeding. , perty the Board may appear का d plead as a parts p (0 suit or pro- ceeding. | Bar to Ccompro- mise of suits by or against muta- walljs. Power to mnake applica-~ ' tion to ‘he Tribunal in case of fail- ure of muta- walll (0 discharge. his duties. Power of appellate authority to enter- tain appeal after expiry of speci- fied period. Power of Central Govern- ment to regulate secular activi- ties of wakfs. 46 THE GAZETTE OF INDIA EXTRAORDINARY [PART ही. 4 नारी S — e - e e वि e renl e =g i~ -}l B Ao i —_ R न kbt st e हा W 93. No suit or proceeding in any court by or against the mutawalli of a wakf relating to title to wakf property or the rights of the mutawalli shall be compromised without the sanction of the Board. 9. (1) Where a mutawalli is under an obligation to perform any act which is recognised by Muslim law as pious, religious or charitable and the mutawalli fails to perform such act, the Board may apply to the Tribunal for an order directing the mutawalli to pay to the Board or to any person authorised by फिट Board in this behalf फिट amount necessary for the per- formance of such act. | (2) Where a mutawalli is under an obligation to discharge any other - duties imposed on him under फिट wakf and the mutawalli wilfully fails to discharge such duties, the Board or any person interested in the wakf may make an application to the Tribunal and the Tribunal may pass such order thereon as it thinks fit. 95. Where, under this Act any period has been specified for the filing of any appeal, the appellate authority may, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal within the period so specified, entertain the appeal after the expiry of the said period. T .o R CHAPTER 12६ MISCELLANEOUS 8. (1) For the purpose of regulating the secular activities of wakfs, the Central Government shall have the following powers and functions, namely:— ' ' (@) to lay down general principles, and policies of wakf adminis- tration in so far as they relate to the secular activities of the wakfs; (b) to co-ordinate the functions of the Central Wakf Council and the Board, in so far as they relate to their secular functions: (c) to review administration of the secular activities of wakfs generally and to suggest improvements, if any. (2) In exercising its powers and functions under sub-section (1), the Central Government may call for any periodic or other reports from any Board and may issue to the Board such directions as it may think fit and the Board shall comply with such directions, SEC, 1] IS PR व बा व 2 न e e TR e न रा जन पर के demmeamam ४ पका e पारा THE GAZETTE OF INDIA EXTRAORDINARY 47 Explanation.—For the purposes of this section “secular activities” shall include social, economic, cducational and other welfare activitics. 97 . . . . C G Direc- . Subject to any directions issued by the entral Government under jons by section 96, the State Government may, from time to time, give to the Board State . . . g . Govern- such general or special directions as पीट State Government thinks fit and pent. in the performance of its functions, the Board shall comply with such directions. N 98, As soon as may be after the close of a financial year, the State Annual Government shall cause a general annual report on the working and ad- Iw“enort . , ' w. , . Yy ministration of the State Wukf Board and the Administration of wakfs State in the State during that year to be prepared and laid be fore each House लि o of the State Lcgislature where it consists of two Houses, or where such Legislature consists of one House, before that House , and ew.n‘;:’ry| such re- port shall be in such form and shall contain such ma tters as एस प्र be pro. vided by regulations, 99, (1) If the State Government is of opinion that the Board i8 Powerto unable to perform or has persistently made default in the pe’rforfinance of, माय the duty imposed on it by or under this Act or has exceeded $r abused Board. its powers, or has wilfully and without sufficient cause failed to com ply with any direction issued by the Central Government under section 96 or the State Government under section 97, or if the State Governmeln't is satisfied on consideration of any report submitted atter annual inspection, that the Board's continuance is likely to be injurious to the interests of the wakfs in the State, the Staie Government may. by notification in the Official Gazette, supersede the Board for a period no t exceeding six nu-.-*mths." Provided that before issuing a notification under this sub-section, the State Government shall give a reasorabl e time (0 the Board to show cause why it should not be superseded and shall consider the explanations and - objections, if any, of the छि0घ्वाएँ . (2) Upon the publication एक a notification under sub-section (1) superseding the Board,— S i (a) all the members of the Board shall as from the date ot supersession. vacate their offices as such membe rs; ' Protec- tion of action taken in good faith. Survey Commis- sioner, members anrd officers of the Boarg deemed to be public servants. Special provi- sion for reorganisa- tion of certain Boards, 48 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— T Tt e कक कक WA - के ० “नाम « «.. « नल —_ — B P न जी S तथा नर न हनन e पनय पा एन जन —— T MMM TR R न नाल काट लगना e ना» - व L ध> ० e «० “जल्द, वि b r et MRt MM me e mrm e et e e A L A i | अन्न e — कह (0) all the powers and dutics which may, by or under घाट pro- visions of this Act, be cxercised or performed by or on behalf of the Board shall, during the period of supersession, be exercised and per- formed by such person or persons as the State Government may direct; and (0) all property vested in the Board shall, during the period of supersession vest in the State Government. (3) On the expiration of the period of supersession specified in the notification issued under stb-section (1) , the State Government may—- (a) extend the period of supersession for such further period as It may consider necessary; or (b) reconstitute the Board in the manner provided in section 14. 100. No suit or other legal proceeding shall lie against the Board or Chief Executive Officer or Survey Commissioner or any other person duly appointed under this Aect in respect of anything which is in good faith done or intended 10 be done under this Act, 101. (1) The Survey Commissioner, members of the Board, every officer, every auditaor of पाए Board and every other person duly appointed to discharge any duties imposed on him by this Act or any rule or order made thereunder, shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code. (2) Every mutawalli of a wakf, cvery member of managing com- mittee, whether constituted by the Board or under any deed of wakf, every Executive Officer and every person holding any office in a wakf shall also be deemed to be a public servant within the meanin g of section 21 of the Indian Penal Code. 102. (7) Where on account of the reorganisation of States under any law providing reorganisation of States, the whole or any part of a State in respect of which a Board was, immediately before the day of such reorganisation, functioning has been transferred on that day to another State and by reason of such transfer, it appears to the Govern- ment of a State in any part of which the Board is functioning that the Board should be dissolved or that it should be reconstituted as an Intra-State Board for the whole or any part of that State, the State Government may frame a scheme or such dissolution or such recon- the assets, rights and liabilities of the Board to any other Board or State Government employees of the Board and forward the scheme to the Central Government. stitution, including proposals regarding the transfer of and the transfer or re-employment of 45 of 1860, 45 of 1860, Skc, 1] | THE GAZETTE OF INDIA EXTRAORDINARY 49 e — . [ S SRR - e — D SV 1 हनन « b L bk i ना AT - - . . T —T——— . जाना नि - R PO vy O N P नाप न जन लि हदजक ७० . (2) On receipt of a scheme forwarded to it under sub-section (1), the Central Government may, after consulting the State Governments concerned, approve the scheme with or without modifications and give effect to the scheme so approved by making such order as it thinks fit, (3) An order under sub-section (2) may provide for all or any ot the following matters, namely: — (a) the dissolution of the Board; (b) the reconstitution in any manner whatsoever of the Board including the establishment, where neccssary, of a new Board. (¢) the area in respect of which the reconstituted Board or new Board shall function and operate; (d) the transfer, in whole or in part, of फिट assets, rights and liabilities of the Board (including the rights and liabilities wunder any contract made by it) to any other Board or State Government and the terms and conditions of such transfer; (e) the substitution of any such transferee for the Board, or the addition of any such iransferee, as a party to any legal proceed- ing to which the Board उं a party; वात the transfer of any proceed- ing pending before the Board (०. any such transferee; (f) the transfer or re-employment of any employee 01 the Board to or by, any such traunsferee त:'! subject to the लि की ०15 of law providing for the reorganisation of the concerned S‘tatefl' the terms and conditions of service applicable to such employees after such transfer or re-employment; and | | (9) such incidental, ronsequential and supplemental matters as may be necessary ५0 give effect to the npproved scheme. | (4) Where an order is made under this section transferring the assets, rights and liabilities of any Board. then, by virtue of that order, such assets, rights and liabilities of the Board shall vest in, and be the assets, rights and liabijlities of, the transferee. (5) Every order made under this section shall be published in the Official Gazette. (6) Every order made under this section shall be laid before each House of Parliament 85 soon as may be, after it is rnade. 103. (1) Where on account of घाट territorial changes brought about by any law providing for the reorganisalitn of any State, this Aect is as from the date on which that law comes into force applicable only to any part or parts of a State but has not heen brought into force in the remaining part thereof, then notwithstandino anything contained in this Act, it shall be lawful for the Government nf the Stats to establish one or more Boards for such part or parts in which this Act is in force and in such a case any reference in this Act to the word “State” in relation of a Board shall be construed as a reference ‘o that nart of the State for which the Board is established. Special provi- sion for establish- ment of Board for part of g State Applica: hon of Act to prop rtieg given or donared by per. SOnNs Noy profes- sing Islam for support of certain wakf, ower of Board and Chief Bxe- cutive Officer to require copies of Jdacuments, ete., to be furnished. Powers of Central Govern- men' to consti- tute common Boards 50 THE GAZETTE OF INDIA EXTRAORDINARY नल वकील अप वी किन g e कक 2 rwmmwme = ० 1-०० [ParT 11— ML e—— किक A - नए L. LW न . विन धवन . ey ket (ना “न o e o ALt नल, -« e et (दे) Where any such Board has been established and it appears to the Government of the State that a Board should be established for फिट whole of the State, the Statc Government may, by order notified in the Official Gazettc dissolve the Board established for the part of the State or reconstitute 800. rcorganise such Board or cstablish a new Board for the whole of फिट State and thereupon; the assets, rights and liabilitics of the Board for फिट part of the State shall vest in and 9८ पीट assets, rights and liabilitics of the reconstitu- ted Board or the new Board, as the casc may be. ~ 104. Notwithstanding anything contained in this Act where any movable or immovable property has beea given or donated by any person not professing Islam for the support of a wakf being--- (a) a mosque, idgah, imambara, dargah, khangah or a maqbara, (b) a Muslim graveyard; (¢) a chomnlltry or a musafarkhana, then such property shall be deemed to be comprised in that wakl{ and be dealt in the same manner as the wakf in which it is so comprised. 105. Notwithstanding anything coutained in any taw for the time being पा force, it shall be lawful for the Board or the Chielf Fxccutive Officer to require any person having फिट cusiody of any record, register, report or other document relating to # wakf or any immovable property, which is wakf pro- perty, to furaish subject to the payment of necessary costs, copies of, or ex- tracts from, any such record, register, report or document and every person to whom such a requisition is made, shall furnish, as soon as may 9८ practicable, to the Board or Chief Executive Officer copics or extracts from फिट required rccord, register, report or other document. 106. (1) Where the Central Government is satisfied that by rcasons of— (1) the smallness of फिट Muslim population in two or more States, (ii) the slender resources of the Wakfs in such States, and (+¢1) the disproportion between the number wakfs and the Muslitn population 1 such States, and income of the it is expedient in पीट interests of the wakfs in the States and फिट Muslim population of such States, to have. instead of separate Boards for each of such Statcs, a common Board, it mav, after consultation with the Government of cach of the con erncd States. es’ablish, by no ification in the Official Ga ctte 31 of 1950. SEC, 1] न e R m— 'THE GAZETTE OF INDIA EXTRAORDINARY 51 a common Board for such States as i हद deewn i, and n.ay, by the same or any subsequent notification specify the place at which the principal office of such common Board shall be located - - (2) Bvery common Board established under sub-sceiion. (1) suall, as far as practicable, consist of the persous specified का suisoction (1) or, थे the case may be, sub-scction (7) of scction 14. (3) Whenever any common Board is establis’i=d under sub-section (1),— \\ (¢) all powers vested in the State Goversnnent uader any deed of wakf or any provision of law for the फिट hcng in foxce relating to wakfs, shall stand transferred to, and vested in, the Ceatral Government and, thereupon, references in such deed of wak{ or law ‘to the State Governments shall be construed as references to ithe Central Govern- ment: | Provided that while ecstablishing a common Board for two'or more States, पट Central Government shall ensure that at least one representative of each of the concerned States is included as a member of the Board; (b) references in this Act to a State shall be construed as rcferences to each of the States for which the common Board has been established; (८) the Central Government may, without prejudice o मे एपॉट applicable to a Board in a State, make, by notification 1n the Official Gazette, rules regulating the conduct of business by and affairs) of, the common Board. i (4) The common Board shall 9८ a body corporate, with objects not, confined to one State, having perpetual succession and a common seal with- power to acquire and hold property and to transfer any such property, subject to such conditions and restrictions as may be specified by the Ceitral Government and shall by the said name sue or be sued 107. Nothing contained in the Limitation Act, 1963 shall':apply to any suit for possession of immovable property comprised in any wakf for possession of any interest in such property. . | 108. The provisions of this Act shall apply, and shall be deemed always to have applied, in relation to any evacuee property within the meaning of clause (f) of section 2 of फिट Administration of Evaguee Property Act, 1950 which immediately before it became such evacuee property within the said meaning was property comprised in any wakf and, in particplar any entrustment (whether by transfer of any documents or in any 'other; m anner and whether generally or for specified purpose) of any such property to a Board made before the commencement of this Act in pursuance of the' instruc- tions of the Custodian under the Administration of BEvacuee Property Akt. 1950 shall kave, and shall be decmed always to have had, rotwithstanding भारत Act 36 0f 1963 not to apply for recovery of wakf proper- ties, Speciat provision as to cvacuee wakf Proper. fies, - \ 52 THE GAZE'ITEI OF INDIA EXTRAORDINARY [PART दा... e e ——— e ————r . AN e o e e e e e i o न हे कला 1t e Rt e o न! ——— . S e - e ——— e -पध्न्। contained in any other provision of this Acl, cffect as if such entrustment had operated to— | (@) vest such property in such Board in the same manner and with the same effect as ip a trustee of such property for the purposes of sub-section (7) of section 11 एव the Adminijstration of Evacuee Pro- perty Act, 1950 with effect from the date of such entrustment, and (b) authorise such Board to assume direct management of the wakf concerned for so long as it might deem necessary, 109. (1) The State Government may, by notification in the Official Guzette, make rules to carry out the purposes of this Act, other than those of Chapter III. } (2) In particular, and without prejudice to the generality of the fore- going powers, such rules may provide for all or any of the following matters, namely :— | « - (%) other particulars which the report of the Survey Commissioner may contain, under clause (f) of sub-section (3) of section (4): (४) any other matter under clause (f) of sub-section (4) of section 4; (iii) the particulars which & list of Wakfs published under sub- section (2) of section 5, may contain; (fv) the manner of election of members of the Board by means of a single transferable vote, under sub-section (2) of section 14; (v) the terms and conditions of service of the Chief Executive Officer under sub-section (2) of section 23; (vi) the conditions and restrictiong subject to which the Chief Executive Officer or any other officer may inspect any public office, - records or registers under section 29; (ण्घ) the conditions subject to which an Executive Officer and न supporting staff may be appointed under sub-section (1) of section उठ; (viii) the manner in which an inquiry may be held by the Chief Executive Officer under sub-section (1) of section 39; - (ix) the form in which and the time within which, a separate budget for Wakfs under the direct management of the Board shall be prepared under sub-section (I) of section 45: ' (x) the interval at which accounts of Wakfs may be audited in pursuance of the provisions of sub-section (7) of section 47; (xi) the time within which, the sale of any property 15 to beée informed under the first proviso to sub-section (2) of section 51 and the manner in which फिट approval given under sub-section (3) of that section shall be published; | (xit). the guidance subject to which the Collector shall recover the property transferred in contravention of the provisions of this अल, under section 52; ’ . 31 of 1950, जब 580, 1] THE GAZETTE OF INDIA EXTRAORDINARY '53 o e = 1 o . e - बना व — e — e P A ——_ Sl e - नाना s न ——rr e e e e e B दल - e { (xiif) the manner of service of notice issued under sub-section (1) of section 54 and the manper in which any inquiry is to be made under sub-section (3) of that section; । (xiv) the manner in which any inquiry may 96 held under sec- tion 64 or section 71; (xv) the other matters which may be specified in the report sub- mitted under sub-section (3) of section 65; . (xvi) the manner of publication of order made under sub-section (2) of section 67, | I (xvii) the manner in which consultation may be made with mutawalli पाप" sub-section ( I) of section 69; ' . . (xviii) the manner of publication of order macde under sub-section (3) of section 69; (xix) the rate at which contribution is to be made by u mutawalli under section 72; - (xx) the payment of moneys into the Wakf Fund, the invest- ment, the custody and disbursement of such moneys under section 77; (xxi) the form in which, and the time within which, the{ budget of the Board may be prepared and submitted under section 78; (xzxii) the time within which application is to be made to ;the | :. Tribunal under sub-section (2) of section 83; ! ._- b (xxiii) the procedure which फिट tribunal shall follow under section (6) of section 83; T (xxiv) the form in which the annual report 18 to be submitted and | the matters which such report shall contain under section 98; and (xxv) any other matter which is required to 96, or may be, pres- cribed. 110. (1) The Board may, with the previous sanction of the State G ov- . ernment, make regulations not inconsistent with this Act or the ‘rules made thereunder, for carrying out its functions under this Act. (2) In particular, and without prejudice to the generality o f the fore- going powers, such regulations may provide for all or any of the णि0फ़ा- - ing matters, namely:— (८) the time and places of the meetings of the Board unde r sub- section (1) of section 17; : (b) the procedure and conduct of business at the meetings o f the Board; (८) the constitution and functions of the committe=s and the B oard and the procedure for transaction of business at the meetings of such committees; A Powers ‘o make regula- tiong by, . the Board, Laying of rules and regulationg before State lature, Repeal and suvings, . (d) the allowances or fees to be paid o ५५6 Chairperson or inetii- bers of the Board or members of committees; (e) the terms and conditions of service of ihe officers and other employees of the Board under sub-section (2) of section 24; (f) the forms of application for registration of Wakfs further parti- culars to be contained therein and ine manner and place of registra- tion of Wakfs under sub-section (3) of section 36; (g) further particulars to be contained in ihe register of Wakfs under section 37 (h) the form in which, and the time within which, the budgets of Wakfs may be prepared and submitted by फिट Mutawalli and approv- ed by the Board under sub-section (I) of section 44; (i) the books of accounts and other books to be maintained by the Board under section 79 (j) fees payable for inspection of proceedings and records of the Board or for issue of copies of the same; (k) persons by whom any order or decision of the Board may be authenticated; and () any other matter which has to be, or may be, provided by regulations, (3) Al regulations made under this section shal] 9४ published in the Official Gazette and shall have effect from the date of such publication. 111. Every rule made under section 109 and every regulation made under section 110 shall be laid, as soon as may be after it is made, before the State Legislature 112, (1) The Wakf Act, 1954 and the Wakf (Amendment) Act, 1984 . ~ are hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the said Acts shall be deemed to have been done or taken under the corresponding provisions of this Act (3) If, immediately before the commencement of this 201, in any State, there is in force in that State, any law which corresponds to this Act that corresponding law shall stand repealed: Provided that such repeal shall not affect the previous operation of that corresponding law, and subject thereto anything done or any action taken in 'the exercise of any power conferred by or under the correspond ing law shall be deemed to have been done or taken in the exercise of 54 - THE GAZE1TTE QOF INDIA EXTRAORDINARY [ParT H— 29 of 1954. 69 of 1984. Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 55 - ——————————— नाथ ना गा, न s तन e A - the powers conferred by or under this Act as if this Act was in force on the day on which such things were done or action was taken.. 113. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, not inconsistent with the provisions of this Act, remove the difficulty: Provided that no such order shall be made after the expiry of the period of two [years from the commencement of this Act. (2) However, order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament. K. L. MOHANPURIA. Secy. to the Gouvt. of Ind:a. 1 S A | LA * A e e oAl el il N ST ] e b el i Pl gt S s e T ——— A S el . ™ ey St Ve St . = ¢ ro— . "y . PRINTED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO no::? . NEW DELHY AND PUBLISHED BY THE CONTROLLER OF PURLICATIONS, DELHY 1995 power of remove difficul- tius,