THE WAKF ACT, 1995
ACT NO. 43 OF 1995
[22nd November, 1994.]


An Act to provide for the better administration of Wakfs and for

matters connected therwith or incidental thereto.



BE it enacted by Parliament in the Forty-sixth Year of the

Republic of India as follows:-




CHAP
PRELIMINARY


CHAPTER I



PRELIMINARY


1.
Short title, extent and commencement.


1. Short title, extent and commencement. (1) This Act may be

called the Wakf Act, 1995.



(2) It extends to the whole of India except the State of Jammu

and Kashmir.



(3) It shall come into force in a State on, such date as the

Central Government may, by notification in the Official Gazette,

appoint; and different dates may be appointed for different areas

within a State, and for different provisions of this Act, and any

reference in any provision to the commencement of this Act, shall in

relation to any State or area therein, be construed as reference to

the commencement of that provision in such State or area.



1. 1.1.1996: Vide Notification No. S. O. 1007 (E), dt. 27.12.1995.



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2.
Application of the Act.


2. Application of the Act. Save as otherwise expressly provided

under this Act, this Act shall apply to all wakfs whether created

before or after the commencement of this Act:



Provided that nothing in this Act shall apply to Durgah Khawaja

Saheb, Ajmer to which the Durgah Khawaja Saheb Act, 1955 (36 of

1995.) applies.




3.
Definitions.


3. Definitions. In this Act, unless the context otherwise

requires-







(a) "beneficiary" means a person or object for whose

benefit a wakf is created and includes religious, pious and

charitable objects and any other objects of public utility

sanctioned by the Muslim law;



(b)"benefit" does not include any benefit which a mutawalli

is entitled to claim solely by reason of his being such

mutawalli;



(c) "Board" means a Board of Wakf established under sub-

section (1), or as the case 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 Executive Officer

appointed by the Board under subsection (1) of section 38;



(g) "list of wakfs" means the list of wakfs published under

sub-section (2) of section 5;



(h) "member" means a member of the Board and includes the

Chairperson;



(i) "mutawalli" means any person appointed, either verbally

or under any deed or instrument by which a Wakf has been

created, or by a competent authority, to be the mutawalli of

a wakf and includes any person who is a mutawalli of a wakf

by virtue of any Custom or who is a naib-mutawalli, khadim,

mujawar, sajjadanashin, amin or other person appointed by a

mutawalli to perform the duties of a mutawalli and save as

otherwise provided in this Act, any person, committee or

corporation for the time being managing or administering any

wakf or wakf property:



Provided that no member of a committee or corporation shall

be deemed to be a mutawalli unless such member is an office

bearer of such committee or corporation;



(j) "net annual income", in relation to a wakif, means net

annual income determined in accordance with the provisions of

the Explanations to sub-section (1) of section 72;



(k) "person interested in a wakf" means any person who is

entitled to receive any pecuniary or other benefits from the

wakf and includes



(i) any person who has a right to Worship or to perform any

religious rite in a mosque, idgah, imambara, dargah,khangah,

maqbara, graveyard or any other religious institution

connected with the wakf or to participate in any religious

or charitable institution under the wakf;



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(ii) the wakif and any descendant of the wakif and the muta-

walli;



(l) "prescribed", except in Chapter III, means prescribed

by rules made by the State Government;



(m) "regulations" means the regulations made by the Board

under this Act;



(n) "Shia wakf" means a wakf governed by Shia law;



(o) "Sunni wakf" means a wakf governed by Sunni law;



(p) "Survey Commissioner" means the Survey Commissioner of

Wakf appointed under sub-section (1) of section 4 and

includes any Additional or Assistant Survey Commissioners of

Wakfs under sub-section (2) of section 4;



(q) "Tribunal", in relation to any area, means the

Tribunal constituted under sub-section (1) of section 83,

having jurisdiction in relation to that area;



(r) "wakf" means the permanent dedication by a person

professing Islam, of any movable or immovable property for

any purpose recognised by the Muslim law as pious, religious

or charitable and includes-



(i) a wakf by user but such wakf shall not cease to be a

wakf by reason only of the user having ceased irrespective of

the period of such cesser;



(ii) "grants", including mashrut-ul-khidmat for any purpose

recognised by the Muslim law as pious, religious or

charitable; and



(iii) a wakf-alal-aulad to the extent to which the property

is dedicated for any purpose recognised by Muslim law as

pious, religious or charitable,



and "wakf" means any Person making such dedication-;



(s) "wakf deed" means any deed or instrument by which a

wakf has been created and includes any valid subsequent deed

or instrument by which any of the terms of the original

dedication have been varied;



(t)"Wakf Fund" means a wakf fund formed under sub-section (1)

of section 77.






CHAP
SURVEY OF WAKFS


CHAPTER II



SURVEY OF WAKFS


4.
Preliminary survey of wakfs.


4. Preliminary survey of wakfs. (1) The State Government may, by

notification in the Official Gazette, appoint for the State a Survey

Commissioner of Wakfs and as many Additional or Assistant Survey

Commissioners of Wakfs as may be necessary for the purpose of making a

survey of wakfs existing in the State at the date of the commencement

of this Act.



(2) All Additional and Assistant Survey Commissioners of Wakfs

shall perform their functions under this Act under the general

supervision and control of the Survey Commissioner of Wakfs.



(3) The Survey Commissioner shall, after making such inquiry as

he may consider necessary, submit his report, in respect of wakfs

existing at the date







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of the commencement of this Act in the State or any part thereof, to

the State Government containing the following particulars, namely:-





(a) the number of wakfs in the State showing the Shia wakfs

and Sunni wakfs separately;



(b) the nature and objects of each wakf;



(c) 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 as 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 (5 of 1908.) in respect of the following

matters, namely:-





(a) summoning and examining any witness;



(b) requiring the discovery and production of any document;



(c) requisitioning any public record from any court or

office;



(d) issuing commissions for the examination of any witness or

accounts;





(e) making any local inspection or local investigation;



(f) such other matters as may be prescribed.





(5) If, during any such inquiry, any dispute, arises as to

whether a particular wakf is a Shia wakf or Sunni wakf and there are

clear indications 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), (4) and (5) shall apply to such survey as 'they

apply to a survey directed under sub-section (1):



Provided that no such second or subsequent survey shall be made

until the expiry of a period of twenty years from the date on which

the report in relation to the immediately previous survey was

submitted under sub-section (3).


5.
Publication of list of wakfs.


5. Publication of list of wakfs. (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

sub-section (1) and publish in the Official Gazette a list of Sunni

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 containing such other particulars as may be

prescribed.





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6.
Disputes regarding wakfs.


6. Disputes regarding wakfs. (1) If any question arises whether

a particular property specified as wakf property in the list of wakfs

is wakf property or not or whether a wakf specified in such list is a

Shia wakf or Sunni wakf, the Board or the mutawalli of the wakf or any

person interested therein may institute a suit in a Tribunal for the

decision of the question and the decision of the Tribunal in respect

of such matter shall be final:



Provided that no such suit shall be entertained by the Tribunal

after the expiry of one year from the date of the publication of the

list of wakfs.



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 wakfs published

after the commencement of this Act, shall include also every person

who,though not interested in the wakf concerned, is interested in such

property and to whom a reasonable opportunity had been afforded to

represent 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

proceeding 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

other proceeding 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 thereunder.



(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 this 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

(1)


7.
Power of Tribunal to determine disputes regarding wakfs.


7. Power of Tribunal to determine disputes regarding wakfs. (1)

If, after the commencement of this Act, any question arises, whether a

particular property specified as wakf property in a list of wakfs is

wakf property or not, or whether a wakf specified in such list is a

Shia wakf or a Sunni wakf, the Board or the mutawalli of the wakf, or

any person interested therein, may apply to the Tribunal having

jurisdiction in relation to such property, for the decision of the

question and the decision of the Tribunal thereon shall be final:



Provided that--





(a) in the case of the list of wakfs relating to any part

of the State and published after the commencement of this Act

no such application 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 immediately preceding the commencement of this Act, such

an application





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may be entertained by Tribunal within the period of one year from such

commencement:



Provided further that where any such question has been heard and

finally decided by a civil court in a "suit instituted before such

commencement, the Tribunal shall not re-open such question.



(2) Except where the Tribunal has no jurisdiction by reason of

the provisions of subsection (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 proceeding.



(3) The Chief Executive Officer shall not be made a party to any

application under sub-section (1).



(4) The list of wakfs and where any such list is modified in

pursuance of a decision of the Tribunal under Sub-section (1), the

list as so modified, shall be final.



(5) The Tribunal shall not have jurisdiction to determine any

matter which is the subject-matter of any suit or proceeding

instituted or commenced in a civil court under subsection (1) of

section 6, before the commencements of this Act or which is the

subject-matter of any appeal from the decree passed before such

commencement in any such suit or proceeding, or of any application for

revision or review arising out of such suit, proceeding or appeal, as

the case may be.


8.
Recovery of costs of survey.


8. Recovery of costs of survey. (1) The total cost of making a

survey including the cost of publication 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 in the deed or instrument

by which the wakf 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 a

certificate issued by the State Government, be recovered from the

property comprised in the wakf in the same manner as an arrear of land

revenue.


CHAP
CENTRAL WAKF COUNCIL


CHAPTER III



CENTRAL WAKF COUNCIL


9.
Establishment and constitution of Central Wakf Council.


9. Establishment and constitution of Central Wakf Council. (1)

For the purpose of advising it, on matters concerning the working of

Boards and the due administration of wakfs, the Central Government

may, by notification in the Official Gazette, establish a Council to

be called the Central Wakf Council.



(2) The Council shall consist of-



(a) the Union Minister in charge of wakfs-ex officio

Chairperson;



(b) the following members to be appointed by the Central

Government from amongst Muslims, namely:-





(i) three persons to represent Muslim organisations having

all India character and national importance;



(ii) four persons of national eminence of whom two shall





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be from amongst persons having administrative and financial

expertise;



(iii) three Members of Parliament of whom two shall be from

the House of the People and one from the Council of States;



(iv) chairpersons of three Boards by rotation:



(V) two persons who have been Judges of the Supreme Court

or a High Court;



(vi) one advocate of national eminence;



(vii) one person to represent the mutawallis of the wakf

having a gross annual income of rupees live lakhs and above;



(viii) three, persons who are eminent scholars in Muslim Law.



(3) The term, of office of, the procedure to be followed in the

discharge 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 Government.




10.
Finance of Council.


10. Finance of Council. (1) Every, Board shall pay from its,

Wakf Fund annually to the 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

has remitted under sub-section (2) of section 72 the whole of the

contribution payable to it under sub-section (1) of that section, then

for calculating the contribution payable to the Council under this

section the 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 be 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.
Accounts and audit.


11. Accounts and audit. (1) The Council shall cause to be

maintained such books of account and other books in relation to its

accounts in such form and in such manner as 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 Central

Government.



(3) The costs of the audit shall be paid from the Central Wakf

Fund.


12.
Power of Central Government to make rules.


12. Power of Central Government to make rules. (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 prejudice to the generality of

the foregoing power, such rules may provide ,for all or any of the

following matters, namely:-







(a) the term of office of, the procedure to be followed in

the discharge of their functions by, and the manner of

filling casual vacancies among,, the members of the Council;



(b) control over and application of the Central Wakf Fund;



(c) the form and manner in which accounts of the Council may

be maintained.





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(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 sessions, 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,

as the care may be; so, however, that any such modification or

annulment shall be without prejudice to the validity of anything

previously done under that rule.




CHAP
ESTABLISHMENT OF BOARDS AND THEIR FUNCTIONS


CHAPTER IV



ESTABLISHMENT OF BOARDS AND THEIR FUNCTIONS


13.
Incorporation.


13. Incorporation. (1) With effect from such date as the State

Government may, by notification in the Official Gazette, appoint in

this behalf, there shall be established a Board of Wakfs under such

name as may be specified in the notification.



(2) Notwithstanding anything contained in sub-section (1), if

the Shia wakfs; in any State constitute in number more than fifteen

per cent. of all the wakfs, in the State or if the income of the

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.
Composition of Board.


14. Composition of Board. (1) The Board for a State and the

Union territory of Delhi shall consist of-







(a) 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-



(i) Muslim Members of Parliament from the State or, as the

case may be, the Union territory of Delhi,



(ii) Muslim Members of the State Legislature,



(iii) 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;



(c) one and not more than two members to be nominated by

the State Government representing eminent Muslim

organisations;



(d) one and not more than two members to be nominated by

the 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 representation by means of a single transferable vote, in

such manner as may be prescribed:





9





Provided that where the number of 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

the Board:



Provided further that where there are no Muslim Members in any or

the categories mentioned in sub-clauses (i) to (iii) of clause (b) of

sub-section (1), the ex-Muslim Members of Parliament, the State

Legislature or ex-member of the State Bar Council, as the case may be,

shall constitute 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 is not reasonably practicable to constitute an

electoral college for any of the categories mentioned in sub-clauses

(i) to (iii) of clause (b) of sub-section (1), the State Government

may nominate such persons as the members of the Board as it deems fit.





(4) The number of elected members of the Board shall, at all

times, be more than the 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 the 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 the 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 (1):



Provided that there shall be one mutawalli as the member of, the

Board.



(8) Whenever the Board is 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 the Board shall be appointed by, the State

Government by notification in the Official Gazette.


15.
Term of office.


15. Term of office. The members of the Board shall hold office

for a term of five years.


16.
Disqualification for being appointed, or for continuing as, a memberof the

Board.


16. Disqualification for being appointed, or for continuing as,

a member of the Board. A person shall be disqualified for being

appointed, or for continuing as, a member of the Board if-





(a) he is not a Muslim and is less than twenty-one years of

age;



(b) he is found to be person of unsound mind;



(c) he is an undischarged insolvent;



10





(d) he has been convicted of an offence involving moral

turpitude and such conviction has not been reversed or he has

not been granted full pardon in respect of such offence;



(e) he has been on a previous occasion-



(i) removed from his office as a member or as a mutawalli,

or



(ii) removed by an order of a competent court or tribunal

from any position of trust either for mismanagement or for

corruption.




17.
Meetings of the Board.


17. Meetings of the Board. (1) The Board shall meet for the

transaction of business at such 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 the Board shall be decided by a majority of

votes of the members present, and in the case of equality of votes,

the Chairperson or, in his absence, any other person presiding shall

have a second or casting vote.


18.
Committees of the Board.


18. Committees of the Board. (1) The Board may, whenever it

considers necessary, establish either generally or for a particular

purpose or for any specified area or 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 necessary for the members of such

committees to be members of the Board.


19.
Resignation of Chairperson and members.


19. Resignation of Chairperson and members. The Chairperson or

any other member may resign his office by writing under his hand

addressed to the State Government:



Provided that the Chairperson or the member shall continue in

office until the appointment of his successor is notified in the

Official Gazette.


20.
Removal of Chairperson and member.


20. Removal of Chairperson and member. (1) The State Government

may, by notification in the Official Gazette, remove the Chairperson

of the Board or any member thereof if he--







(a) is or becomes subject to any disqualifications specified

in section 16; or



(b) refuses to act or is incapable of acting or acts in a

manner which the State Government, after hearing any

explanation that he' may offer, considers to be prejudicial

to the interests of the wakfs; or



(c) fails in the opinion of the Board, to attend three

consecutive 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.


21.
Filling of a vacancy.


21. Filling of a vacancy. When the seat of a member becomes

vacant by his removal, resignation, death or otherwise, a new member

shall be appointed in his place and such member shall hold office so

long as the member whose





11





place he fills would have been entitled to hold office, if such

vacancy had not occurred.


22.
Vacancies, etc., not to invalidate proceedings of the Board.


22. Vacancies, etc., not to invalidate proceedings of the Board.

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.
Appointment of Chief Executive Officer and his term of office andother

conditions of service.


23. Appointment of Chief Executive Officer and his term of

office and other conditions of service. (1) There shall be a Chief

Executive Officer of the Board who shall be a Muslim and shall be

appointed by the State Government, in consultation with the Board, by

notification in the Official Gazette.



(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.
Officers and other employees of the Board.


24. Officers and other employees of the Board. (1) The, Board

shall have the assistance of such number of officers and other

employees as may be necessary for the efficient performance 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.
Duties and powers of Chief Executive Officer.


25. Duties and powers of Chief Executive Officer. (1) Subject to

the provisions of this Act and of the rules made thereunder and the

directions of the Board, functions of the Chief Executive Officer

shall include.-





(a) investigating the nature and extent of wakfs and wakf

properties and calling whenever necessary, an Inventory of

wakf properties 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 as may be necessary for the

control, maintenance and superintendence of wakfs.



(2) In exercising the powers of giving directions under sub-

section (1) In respect of any wakf, the Board shall act in conformity

with the directions by the 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.



(3) Save as otherwise expressly provided in this Act, the Chief

Executive officer shall exercise such powers and perform such duties

as may be assigned to him or delegated to him under this Act.





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26.
Powers of Chief Executive officer in respect of orders or resolutionsof Board.


26. Powers of Chief Executive officer in respect of orders or

resolutions of Board. Where the Chief Executive Officer considers that

an order or resolution passed by the Board---









(a) has not been passed in accordance with the law; or



(b) 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



(c) if implemented. is likely to-



(i) cause financial loss to the Board or to the concerned

wakf or to the wakfs generally; or



(ii) lead to a riot or reach of peace; or



(iii) cause danger to human life, health or safety; or



(d) is not beneficial to the Board or to any wakf or to

wakfs generally,



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 reconsideration, refer the matter to the

State Government along with his objections to the order or resolution,

and the decision of the State Government thereon shall, be final.


27.
Delegation of powers by the Board.


27. Delegation of powers by the Board. The Board may, by a

general or special order in writing, delegate 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, as it may deem necessary.


28.
Chief Executive Officer to exercise powers through Collectors, etc.


28. Chief Executive Officer to exercise powers through

Collectors, etc. (1) Subject to the provisions of this Act and of the

rules made thereunder, the Chief Executive Officer may exercise 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 such purpose and may, from time to time, delegate any of

his powers to any 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 any delegation of powers is made by the Chief

Executive Officer under sub-section (1), the person to whom such

delegation is made may exercise those powers in the same manner and to

the same extent as if they have been conferred on him directly by this

Act and not by way of delegation.


29.
Powers of Chief Executive Officer to inspect records, registers, etc.


29. Powers of Chief Executive Officer to inspect records,

registers, etc. The Chief Executive Officer or any officer of the

Board duly authorised by him in this behalf shall, subject to such

conditions and restrictions as may be prescribed and, subject to the

payment of such fees as may be leviable under any law for the time

being in force, be entitled at all reasonable time to inspect, in any

public office, any records, registers or other documents relating to a

wakf or movable or immovable properties which are wakf properties or

are claimed to be wakf properties.


30.
Inspection of records.


30. Inspection of records. (1) The Board may allow inspection of

its proceedings or other records in its custody and issue copies of

the same, on payment of such fees and subject to such conditions as

may be prescribed.





13





(2) All copies issued under this section shall be certified by

the Chief Executive Officer of the Board in the manner provided in

section 76 of the Indian Evidence Act, 1872. (1 of 1872.)



(3) The powers conferred on the Chief Executive Officer by sub-

section (2) may be 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.
Prevention of disqualification for membership of Parliament.


31. Prevention of disqualification for membership of Parliament.

It is hereby declared that the offices of the Chairperson or members

of a Board shall not be disqualified and shall be deemed never to have

been disqualified for being chosen as, or for being, a Member of

Parliament.


32.
Powers and function of the Board.


32. Powers and function of the Board. (1) Subject to any rules

that may be made under this Act, the general superintendence of all

wakfs in a State shall vest in the Board established or the State; and

it shall be the duty of the Board so to exercise 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 is 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 commencement of this Act.



(2) Without prejudice to the generality of the foregoing power,

the functions of the Board shall be.-





(a) to maintain a record containing information relating to

the origin, income, object and beneficiaries of every wakf;



(b) to ensure 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;



(c) to give directions for the administration of wakfs;



(d) to settle schemes of management for a wakf:



Provided that no such settlement shall be made without giving

the parties affected an opportunity of being heard;



(e) to direct-



(i) the utilisation of the surplus income of a wakf consis-

tent with the objects of a wakf;



(ii) in what manner the income of a wakf, the objects of

which are not evident from any written instrument, shall be

utilized;



14





(iii) in any case Where any object of wakf has ceased to

exist or has become incapable of achievement, that so much of

the income of the, wakf as was previously applied to that

object shall be applied 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 in the Muslim community:





Provided that no direction shall be given under this clause with-

out giving the parties 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) in the case of a Shia wakf, by the Shia members of the

Board only:



Provided that where having regard to the number of the Sunni or

Shia members in the Board and other circumstances. it appears to 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, as it thinks fit, to be temporary members' of the Board for

exercising its powers under this clause;



(f) to scrutinise 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 measures for the recovery of lost properties of any

wakf;



(i) to 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 lease, 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 the Wakf Fund;



(l) to call for such returns, statistics, accounts and other

information 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) to investigate and determine the nature and extent of wakf

and wakf property, and to cause, whenever necessary, a survey of such

wakf property;





15







(o) generally do all such acts as may be necessary for the

control, maintenance and administration of wakfs.





(3) Where the Board has settled any scheme of management under

clause (d) or given any direction under clause (e) of sub-section

(2), any person interested in the wakf or affected by such settlement

or direction may institute a suit in a Tribunal for setting aside such

settlement or directions and the decision of the Tribunal thereon

shall be final.



(4) Where the Board is satisfied that any wakf land, which is a

wakf property, offers a feasible potential for development as a,

shopping centre, market, homing flats and the like, it may service

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 the

mutawalli is not willing or is not capable of executing the works

required to he 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 the 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 security of the

properties of the 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 are 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 the average annual net income

derived from The property during the three Yeam, iniffiediately

precetling the 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 properties shall be banded over to mutawalli of the

concerned wakf.


33.
Powers of inspection by Chief Executive Officer or person authorisedby him.


33. Powers of inspection by Chief Executive Officer or person

authorised by him. (1) With a view to examiningr whether, by reason

of any failur- or negligence on the part of a mutawalli in the

performance of his executive or adminsitrative duties, any loss or

damage has been caused to anY wakf or Wakf Property, the Chief

Executive Officer with the prior approval of the Board, either himself

or any other person authoriged by him in writing in three 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 inspection as referred to in sub-section

(1) is, made, the concerned mutawalli and all officers and other

employees working under him and every person connected with the

administration of the 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.





16





(3) Where, after any such inspection, it appears that the

concerned mutawalli or any officer or other employee who is 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 expenditure from the funds of the wakf, the

Chief Executive Officer may, after giving the mutawalli or the person

concerned a reasonable opportunity 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

misappropriated, misapplied or fraudulently retained, or the amount of

the irregular, unauthorised or improper expenditure incurred by such

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.



(4) A mutawalli or other person aggrieved by such order may,

within thirty days of the receipt by him of the order, appeal to the

Tribunal:



Provided that no such appeal shall be entertained by the Tribunal

unless the appellant first deposits with 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 Executive Officer under sub-

section (3).



(5) The Tribunal may, after taking such evidence as it may think

fit, confirm, reverse or modify the order made by the Chief Executive

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.


34.
Recovery of the amount determined under section 33.


34. Recovery of the amount determined under section 33. 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

payment or restoration within the time specified in such order, the

Chief Executive Officer, with the prior approval of the Board shall,

take such; steps as he may think fit for the recovery of possession of

the property aforesaid and shall also send a certificate to the

Collector of the district in which the property of such mutawalli or

other person is situate, stating therein the amount that has been

determined by him or by the Tribunal, as the case may be, under

section 33, as being payable by such mutawalli or other person, and,

thereupon, the Collector shall recover the amount specified in such

certificate as if it were an arrear of land revenue and on the

recovery of such amount, pay the same to the Chief Executive Officer,

who shall, on receipt thereof, credit the amount to the funds of the

concerned wakf.


35.
Conditional attachment by Tribunal.


35. Conditional attachment by Tribunal. (1) Where the 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

property; or





17





(b) is about to remove the whole or any part of his

property from the jurisdiction of the Chief Executive

Officer,



he may, with the prior approval of the Board, apply to the Tribunal

for the conditional attachment of the said property or such part

thereof, as he may think necessary.



(2) The Chief Executive Officer shall, unless the Tribunal

otherwise directs, specify in the application the property required to

be attached and, the estimated value thereof.



(3) The Tribunal may direct the mutawalli or the person

concerned, as the case may be, within a time to be fixed by it,

either to furnish security, in such sum as may be specified in the

order, to produce and place at the disposal of the Tribunal when

required, the said property or the value of the same or such portion

thereof as may be sufficient to satisfy the amount specified in the

certificate referred to in section 34, or to appear and Show cause why

he should not furnish such security.



(4) The Tribunal may also in the order direct the conditional

attachment of the whole or any portion of the property so specified.



(5) Every attachment made under this section shall be made in

accordance with the provisions of the Code of Civil Procedure, 1908,

(5 of 1908.) as if it were an order for attachment made under the

provision of the said Code.




CHAP
REGISTRATION OF WAKFS


CHAPTER V



REGISTRATION OF WAKFS


36.
Registration.


36. Registration. (1) Every wakf, whether created before or

after the Commencement of this Act., shall he registered at the office

of the Board.



(2) Application for registration shall be made by the mutawalli:



Provided that such applications may be made by the wakf or his

descendants or a beneficiary of the wakf or any Muslim belonging to

the sect to which the wakf belongs.



(3) An application for registration shall be made in such form

and manner and at such place as the Board may by regulation provide

and shall contain following particulars:





(a) a description of the wakf properties sufficient for the

identification 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

realisation of the income of the wakf properties;



(e) the amount set apart under the wakf for-



(i) the salary of the mutawalli and allowances to the

individuals;



(ii) purely religious purposes;



(iii) charitable purposes; and





18





(iv) any other purposes;



(f) any other particulars provides 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 a copy thereof

cannot be, obtained, shall contain full particulars, as far as they

are known to the applicant. 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 Procedure, 1908 (5 of 1908.) for the signing and

verification of pleadings.



(6) The Board may require the applicant to supply any further

particulars 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 as 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 property, 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 wakf:



Provided that where there, is no board at the time of creation of

a wakf such application will be made within three months from the date

of establishment of the Board.


37.
Register of wakfs.


37. Register of wakfs. The Board shall maintain a 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 custom 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.
Powers of Board to appoint Executive Officer.


38. Powers of Board to appoint Executive Officer. (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, an Executive Officer with such supporting staff as it

considers necessary for any wakf having a gross annual income of not

less than five lakhs rupees:





19





Provided that the person chosen for appointment should be a

person professing Islam.



(2) Every Executive Officer appointed under sub-section (1)

shall exercise such powers and discharge such duties as pertain only

to the administration of the property, of the wakf for which he has

been appointed and shall exercise those powers and discharge those

duties under the direction, control and supervision of the Board :



Provided that the Executive Officer who is appointed for a wakf

having a gross annual income of not less than five lakhs rupees shall

ensure that the budget of the wakf is submitted, the accounts of the

wakf are regularly maintained, and the yearly statement of accounts

are submitted within such time as the Board may specify.



(3) While exercising his powers and discharging his functions

under sub-section (2), the Executive Officer shall not interfere with

any religious duties or any usage or custom of the wakf sanctioned by

the Muslim law.



(4) The salaries and allowances of the Executive Officer and his

staff shall be fixed by the Board and in fixing the quantum of such

salary the Board shall have due regard to the income of the wakf, the

extent and nature of the duties of the Executive Officer and shall

also ensure that the amounts of such salaries and allowances are not

disproportionate to the income of the wakf and do not operate as an

unnecessary financial burden on it.



(5) The salaries and allowances of the Executive Officer and his

staff shall be paid by the Board from the Wakf Fund and, if the wakf

generates any additional income as a result of appointment of the

Executive Officer, the Board may claim reimbursement of amounts spent

on the salaries and allowances, from the fund of the wakf concerned.





(6) The Board may, for sufficient reasons, and after giving to

the Executive Officer or a member of his staff, a reasonable

opportunity of being heard, suspend remove or dismiss the Executive,

Officer or a member of his staff from his post.



(7) Any Executive Officer or a member of his staff who is

aggrieved by any order of removal or dismissal made under sub-section

(6) may, within thirty days from the date of communication of the

order prefer an appeal against the order to the Tribunal and the

Tribunal may, after considering such representation as the Board may

make in be matter. and after giving a reasonable opportunity to the

Executive Officer or a member of his staff of being heard, confirm

modify or reverse the order.


39.
Powers of Board in relation to wakfs which have ceased to exist.


39. Powers of Board in relation to wakfs which have ceased to

exist. (7) The Board shall. if it is satisfied that the objects or any

part thereof, of a wakf have ceased to exist, whether such cesser took

place before or after the commencement, of this Act, cause an inquiry

to be held by the Chief Executive Officer, in the prescribed manner,

to ascertain the properties and funds pertaining to such wakf.





(2) On the receipt of the report of inquiry of the Chief

Executive Officer the Board shall pass an order-



(a) specifying the property and funds of such wakf;





20





(b) directing that any property or funds pertaining to such

wakf which have been recovered shall be applied or utilised

for the renovation of any wakf property and where there is no

need for making any such renovation or where utilisation of

the funds for such renovation is not possible,

be,appropriated, to any of the purposes specific in sub-

clause (iii) of clause (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 Tribunal 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 as 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 time being in

force relating to land reforms; and



(c) is not in the occupation of any person who has been

authorised 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



(ii) directing that such property, building or place be used

for religious purpose or instruction as before, or if such

use is not possible, be utilised for any purpose specified in

sub-clause (iii) of clause (e) of sub-section (2) of

section 32.




40.
Decision if a property is wakf property.


40. Decision if a property is wakf property. (1) The Board may

itself collect information regarding any property which it has reason

to believe to be wakf property and if any question arises whether a

particular property is wakf property or not or whether a wakf is a

Sunni wakf or a Shia wakf it may, after making such inquiry as it may

deem fit, decide the question.



(2) The decision of the Board on a question under sub-section

(1) shall, unless revoked or modified by the 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 (2 of 1882.) or under the Societies Registration Act, 1860

(21 of 1860.) or under any other Act, is wakf property, the Board may

notwithstanding anything contained in such Act bold an inquiry in

regard to such property and if after such inquiry the Board is

satisfied that such property is wakf property,





21





call upon the trust or society, as the case may be, either to register

such property under this Act as wakf property or show cause why such

property should not be so registered:



Provided that in all such cases, notice of the action proposed to

be taken under this sub-section shall be given to the authority by

whom the trust or society had been 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- by the Board, shall

be final, unless it is revoked or modified by a Tribunal.


41.
Power to cause registration of wakf and to amend register.


41. Power to cause registration of wakf and to amend register.

The Board may 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.
Change in the management of wakfs to be notified.


42. Change in the management of wakfs to be notified. (1) In the

case of any change in the management of a registered wakf due to the

death or retirement or removal of the mutawalli, the incoming

mutawalli shall forthwith and any other person may notify the change

to the Board.



(2) In the case of any other change in any of the particulars

mentioned in section 36, the mutawalli shall, within three months from

the occurrence of the change, notify such change to the Board.


43.
Wakfs registered before the commencement of this Act deemed to

beregistered.


43. Wakfs registered before the commencement of this Act deemed

to be registered. 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 commencement shall be deemed to

be a registration made under this Act.




CHAP
MAINTENANCE OF ACCOUNTS OF WAKFS


CHAPTER VI



MAINTENANCE OF ACCOUNTS OF WAKFS


44.
Budget.


44. Budget. (1) Every mutawalli of a wakf shall, in every

year prepare, in such form and at such time as may be prescribed, a

budget in respect of the financial year next ensuing showing the

estimated receipts and expenditure during that financial year.





(2) Every,such budget shall be submitted by the mutawalli

atleast ninety days before the beginning of the financial year to the

Board,and shall make adequate provision for the following:-





(i) for carrying out the objects of the wakf;



(ii) for the maintenance and preservation of the wakf

property;



(iii) 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

omissions or additions in the budget as it may deem fit, consistent

with the objects of the wakf and the Provisions of this Act.







22







(4) If in the course of the financial year the mutawalli finds

it necessary to modify the provisions made in the budget in regard to

the receipt or to the distribution of the amounts to be expended under

the different heads, he may submit to the Board a supplementary or a

revised budget and the provisions of sub-section (3) shall, as far as

may be, apply to such supplementary or revised budget.


45.
Preparation of budget of wakfs under direct management of the Board.


45. Preparation of budget of wakfs under direct management of

the Board. (1) The Chief Executive Officer shall prepare, in such form

and at such time as may be prescribed, a budget in respect of the

financial year next ensuing showing the estimated receipts and

expenditure for each of the wakfs under the direct management of the

Board, showing therein the estimated receipts and expenditure and

submit it to the Board for its approval.



(2) While submitting the budget under sub-section (1), the Chief

Executive Officer shall also prepare statement giving details of the

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 Executive Officer shall keep regular accounts and

be responsible for the proper management of every wakf under the

direct management of the Board.



(4) Every budget submitted by the Chief Executive Officer under

subsection (1) shall comply with the requirements of section 46 and,

for this purpose, references therein to the mutawalli of the wakf

shall be construed as, pre-references to the Chief Executive Officer.



(5) The audit of accounts of every wakf under the direct

management of the Board shall be undertaken by the State Examiner of

Local Funds or any other officer appointed by the 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 provisions of sections 48 and 49 shall, in so far as they are not

inconsistent with the provisions of this section, apply to the audit

of accounts referred to in this section.



(7) Where any wakf is under the direct management of the Board,

such administrative charges as may be specified 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 the gross annual income of the wakf under the

direct management of the Board as administrative charges.


46.
Submission of accounts of wakfs.


46. Submission of accounts of wakfs. (1) Every mutawalli shall

keep regular accounts.



(2) Before the 1st day of May next, following the date on which

the application referred to in section 36 has been made and thereafter

before the 1st day of May in every year, every 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 as may be

provided by regulations by the Board, of all moneys received or

expended by the mutawalli on behalf of the wakf during the period of

twelve months ending on the 31 st day of March, or, as the case may

be, during that portion of the said period during which the provisions

of this Act, have been applicable to the wakf:



Provided that the date on which the annual accounts are to be

closed may be varied at the discretion of the Board.





23




47.
Audit of accounts of wakfs.


47. Audit of accounts of wakfs. (1) The accounts of wakfs

submitted to the Board under section 46 shall be audited and examined

in the following manner, namely:-





(a) in the case of a wakf having no income or a net annual

income not exceeding ten thousand rupees, the submission of a

statement of accounts shall be a sufficient compliance with

the provisions of section 46 and the accounts of two per cent

of such wakfs shall be audited annually by an auditor

appointed by the Board;



(b) the accounts of the wakf having net annual income

exceeding ten thousand rupees shall be audited annually, 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 Government and while drawing up such

panel of auditors, the State Government shall specify the

scale of remuneration of auditors;



(c) the State Government may at any time cause the account

of any wakf audited by the State Examiner of Local Funds or

by any other officer designated for that purpose by that

State Government;





(2) The auditor shall submit his report to the Board and the

report of the auditor shall among otherthings, specify all cases of

irregular. illegal or improper expenditure or of failure to 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 the opinion

of the 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 the audit of the accounts of a wakf 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 relation 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 specified by the State Government under clause

(c) of sub-section (1):



Provided further that where the audit of the accounts of any wakf

is made by the State Examiner of Local Funds or any other officer

designated by the State Government in this behalf the cost of such

audit shall not exceed One and a half per cent of the net annual

income of such wakf and such costs shall be met from the funds of the

wakfs concerned.





24




48.
Board to pass orders on auditor's report.


48. Board to pass orders on auditor's report. (1) The Board

shall examine the auditor's report, and may call for the explanation

of any person in regard to any matter mentioned therein, and shall

pass such orders as it thinks fit including orders for the recovery of

the amount certified by the auditor under, sub-section (2) of section

47.



(2) The mutawalli, or any other person 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

Tribunal may, after taking such evidence as it may think necessary,

confirm or modify the order or remit the amount so certified, either

in whole or in part, and may also make such order as to costs as it

may think appropriate in the circumstances of the case.



(3) No application made under sub-section (2) shall be

entertained by the Tribunal unless the amount certified by the auditor

under sub-section, (2) of section 47 has first been deposited in the

Tribunal and the Tribunal shall not have any power to stay the

operation of the order made by the Board under sub-section (1).



(4) The order made by the Tribunal under sub-section (2) shall

be final.



(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 specified in section 34

or section 35 as if the said order were an order for the recovery of

any, amount determined under sub-section (3) of section 35.


49.
Sums certified to be due recoverable as arrears of land revenue.


49. Sums certified to be due recoverable as arrears of land

revenue. (1) Every sum certified to; be due from any person, by an

auditor in his report under section 47 unless such certificate is

modified or cancelled 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 accordance with the

provisions of sub-section (1), the sum payable may, on a certificate

issued by the Board after giving the person concerned an opportunity

of being heard, be recovered in the same manner as an arrear of land

revenue.


50.
Duties of mutawalli.


50. Duties of mutawalli. It shall be the duty of every mutawalli-





(a) to carry out the directions of the, 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

particulars as may from time to time be required by the Board

in accordance with the provisions of this Act or of any rule

or order made thereunder;



(c) to allow inspection of wakf properties; accounts or

records or deeds and documents relating thereto;



(d) to discharge all public dues; and



(e) to do any. other act which he is lawfully required to

do by or under this Act.







25




51.
Alienation of wakf property without sanction of Board to be void.


51. Alienation of wakf property without sanction of Board to be

void. (1) Notwithstanding anything contained in the wakf deed, any

gift, sale or exchange mortgage of any immovable property which is

wakf property, shall be void unless such gift, sale, exchange or

mortgage is effected with the prior sanction of the Board:



Provided that no mosque, dargah or khangah shall be gifted, sold,

exchanged or mortgaged except in accordance with any law for the time

being in force.



(2) The Board may, after publishing in the Official Gazette, the

particulars relating to the transaction. referred to in sub-section

(1) and inviting any objections and suggestions with respect thereto

and considering all objections and suggestions, if any, that may be

received by it from the concerned mutawalli or any other person

interested in the wakf, accord sanction to such transaction if it is

of opinion that such transaction is--





(i) necessary or beneficial to the wakf;



(ii) consistent with the objects of the wakf;



(iii) the consideration thereof is reasonable and adequate:



Provided that the sale of any property sanctioned by the Board

shall be effected by public auction and shall be subject to

confirmation by the Board within such time as may be prescribed :



Provided further that the Tribunal may, on the application of the

aggrieved 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 is of opinion that it is necessary so to do in the

interest of the wakf.



(3) The utilisation or investment of the amount realised by the

sale or exchange mortgage of any property shall be made by the

mutawalli subject to the approval of the 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 tinder sub-section (3)

shall be communicated 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 aggrieved by the decision given under sub-section (3),

may, within ninety days from the date of communication to him of such

decision or the publication of the decision, as the case may be,

prefer an appeal to the Tribunal against such decision, and,

thereupon, the Tribunal may, after giving the appellant and the Board,

a reasonable opportunity of being heard, confirm, modify or set aside

such decision.


52.
Recovery of wakf property transferred in contravention of section 51.


52. Recovery of wakf property transferred in contravention of

section 51. (1) If the Board is satisfied, after making any inquiry in

such manner as may be prescribed, that any immovable property of a

wakf entered as such in the register of wakf maintained under section

36, has been transferred without the previous sanction of the Board in

contravention of the provisions of section 51, it may send a

requisition to the Collector within whose jurisdiction the 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 to the Board within a period of

thirty days from the date of file service of the order.







26



(3) Every order passed under sub-section (2) shall be served-





(a) by giving Or tendering the order, or by sending it by

post to the person for whom it is intended; or



(b) if such Person cannot be found, by affixing the order on

some conspicuous part of his last known place of above or

business, or by giving or tendering the order to some adult

male member or servant of his family or by causing it to be

affixed on some conspicuous part of the Property to which it

relates:



Provided that where the person on whom the order is to be served

is a minor, service upon his guardian or upon any adult male member or

servant of his family shall be deemed to be the service upon the

minor.



(4) Any person aggrieved by the order of 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 the Tribunal within

whose jurisdiction the property is situate and the decision of the

Tribunal on such appeal shall be final.



(5) Where an order passed under sub-section (2) has not been

complied 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 Property 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 the Board.



(6) In exercising his functions under this section the Collector

shall be guided by such rules as may be provided by regulations.


53.
Restriction on purchase of property on behalf of wakf.


53. Restriction on purchase of property on behalf of wakf.

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 wakf except with the prior sanction of the Board, and the

Board shall not accord such sanction unless it considers that the

acquisition of such property is necessary or beneficial to the wakf

and that the price proposed to be paid therefor is adequate and

reasonable:



Provided that before such sanction is accorded, the particulars

relating to the proposed transaction shaft be published in the

Official Gazette inviting objections and suggestions with respect

thereto and, the Board shall, after considering the objections and

suggestions that may be received by it from mutawallis or other

persons interested in the wakf, make such orders as it may think fit.


54.
Removal of encroachment from wakf property.


54. Removal of encroachment from wakf property. (1) Whenever

the Chief Executive Officer considers whether on receiving any

complaint or on his own motion that there has been an encroachment on

any land, building, space or other property which is wakf property

and, which has been registered as such under this Act, he shall cause

to be served upon the encroacher a notice specifying the particulars

of the encroachment and calling upon him to show cause before a date

to be specified in such notice, as to why an order requiring him to

remove the encroachment before the date so specified should not be

made and shall also send a copy of such notice to the concerned

mutawalli.





27





(2) The notice referred to in sub-section (1) shall be served in

such manner as may be prescribed.



(3) If, after considering the objections, received during the

period specified in the notice, and after conducting an inquiry in

such manner as may prescribed, the Chief Executive Officer is

satisfied that the property in 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 encroachment and deliver

possession of the land, building, space or other property encroached

upon to the mutawalli of the wakf.





(4) Nothing contained in sub-section (3) shall prevent any

person aggrieved by the order made by the 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.


55.
Enforcement of orders made under section 54.


55. Enforcement of orders made under section 54. Where the

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 Magistrate within the local limits of

whose jurisdiction the land, building, space or other property is

situated for evicting the 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, as the case may be, evict the encroacher from the

land, building, space or other property and may, for this purpose,

take such police assistance as may be necessary.


56.
Restriction on power to grant lease of wakf property.


56. Restriction on power to grant lease of wakf property. (1) A

lease or sub-lease for any period exceeding three years of any

immovable property which is wakf property 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 lease or sub-lease for any period exceeding one year and

not exceeding three years of immovable property which is wakf property

on withstanding 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 unless it is made with the previous sanction of the Board.



(3) The Board shall, in granting sanction for lease or sub-lease

or renewal thereof under this section review the terms and conditions

on which the lease or sub-lease is proposed to be granted or renewed

and make its approval subject to the revision of such terms and

conditions in such manner as it may direct.





28




57.
Mutawalli entitled to pay certain costs from income of wakf property.


57. Mutawalli entitled to pay certain costs from income of wakf

property. Notwithstanding anything contained in the wakf deed, every

mutawalli may pay from the income of the wakf Property any expenses

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 or documents required by the Board

or for the purpose of enabling him to carry out the directions of the

Board.


58.
Power of Board to pay dues in case of default by mutawalli.


58. Power of Board to pay dues in case of default by mutawalli.

(1) Where a mutawalli refuses to pay or fails to pay any revenue,

cess, rates or taxes due to the Government or any local authority, the

Board may discharge dues from 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 (1) may, on a

certificate issued by the Board after giving the mutawalli concerned

an opportunity of being heard, be recovered in the same manner as an

arrear of land revenue.


59.
Creation of reserve fund.


59. Creation of reserve fund. For the purpose of making

provisions for the Payment of rent and of revenue, cess, rates and

taxes due to the Government or any local authority, for the discharge

of the expenses of the repair of the wakf property 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.
Extension of time.


60. Extension of time. The Board may, if it is satisfied that it

is necessary so to do, extend the time within which any act is

required to be done by the mutawalli under this Act.




61.
Penalties.


61. Penalties. (1) if a mutawalli fails to-





(a) apply for the registration of a wakfs;



(b) furnish statements of particular or accounts or returns

as required under this Act;



(c) supply information or particulars as required by the

Board;



(d) allow inspection of wakf properties, accounts, records

or deeds and documents relating thereto;



(e) deliver possession of any wakf Property, if ordered by

the Board or Tribunal;



(f) carry out the directions of the Board;



(g) discharge any public dues; or



(h) do any other act which he is lawfully, required to do

by or under this Act,





29





he shall, unless he satisfies the court or the Tribunal that there was

reasonable 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) a mutawalli omits or fails, with a view to concealing

existence of a wakf, to apply for its registration under his

Act,-



(i) in the case of a wakf created before the commencement

of this Act, within the period specified therefor in sub-

section (8) of section 36;

(ii) in the case of any wakf created after such commence-

ment, within three months from the date of the creation of

the wakf; or



(b) a mutawalli furnishes any statement, return or informa-

tion to the 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

rupees.



(3) No court. shall take cognizance of an offence punishable

under this Act save upon complaint made by the Board or an officer

duly authorised by the Board in this behalf.



(4) No court inferior to that of a Metropolitan Magistrate or a

Judicial Magistrate of the first class shall try any offence

punishable under this Act.



(5) Notwithstanding anything contained in the Code of Criminal

Procedure, 1973, (2 of 1974.) the fine imposed under sub-section (1),

when realised, shall be credited to the Wakf Fund.



(6) In every case where offender is convicted after the

commencement of this Act of an offence punishable under sub-section

(1) and sentenced to a fine, the court shall also impose such term of

imprisonment in default of payment of fine as is authorised by law for

such default.


62.
Mutawalli not to spend any money belonging to wakf for self defence.


62. Mutawalli not to spend any money belonging to wakf for self

defence. No mutawalli shall spend any money out of the funds of the

wakf, 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 office or for taking any disciplinary action against

himself.



30




63.
Power to appoint mutawallis in certain cases.


63. Power to appoint mutawallis in certain cases. When there is

a vacancy in the Office of the mutawalli of a wakf 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 disputed, the Board may

appoint any person to act as mutawalli for such period and on such

conditions as it may think fit.


64.
Removal of Mutawalli.


64. Removal of Mutawalli. (1) Notwithstanding anything contained

in any other law or the deed of wakf, the 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



(b) 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



(c) 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

spirituous preparations, or is addicted to the taking of

any narcotic 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 amounts 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 with, 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



(j) 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.





31





(3) No action shall be taken by the Board under sub-section (1),

unless it has held an inquiry into the matter in a prescribed manner

and the decision has been taken by a majority of not less than, two-

thirds of the members of the Board.



(4) A mutawalli who is aggrieved by an order passed under any of

the clauses (c) to (i) of sub-section (1), may, within one month from

the date of the receipt by him of the order, appeal against the order

to the Tribunal and the decision of the Tribunal on such appeal shall

be final.



(5) Where any inquiry under sub-section (3) is proposed, or

commenced, against any mutawalli, the Board may, if 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 conclusion of the inquiry:



Provided that no suspension for a period exceeding ten days shall

be made except after giving the mutawalli a 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, (5 of 1908.) appoint a suitable person as

receiver to manage the wakf and direct the receiver so appointed to

ensure that the customary or religious rights 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 appointed

to act as the mutawalli of the wakf property.



(8) A mutawalli of a wakf removed from his office under this

section shall not be eligible for re-appointment as a mutawalli of

that wakf for a period of five years from the date of such removal.




65.
Assumption of direct management of certain wakfs by the Board.


65. Assumption of direct management of certain wakfs by the

Board. (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.





32





(2) The State Government, may, on its own motion or on the

application of any person interested in the wakf, call for the records

of any case for the purpose of satisfying itself as to the

correctness, legality or pro priety of the notification issued by the

Board under sub-section (1) and pass such orders as it may think fit

and the orders so made by the State Government shall be final and

shall be published in the manner specified in sub-section (1 ).



(3) As soon as possible after the close of every financial year,

the Board shall send to the State Government a detailed report in

regard to every wakf under its direct management, giving therein--





(a) the details of the income of the wakf for the year

immediately preceding the year under report;



(b) the steps taken to improve the management and income of

the wakf;



(c) 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

the wakf to the mutawalli or any committee of management

during the year; and



(d) such other matters as may be prescribed.



(4) The State Government :shall examine the report submitted to

it under subsection (3), and after such examination issue such

directions or instructions to the Board as it may think fit and the

Board shall comply with such directions or instructions on receipt

thereof.


66.
Powers of appointment and removal of mutawalli when to be exercised bythe State

Government.


66. Powers of appointment and removal of mutawalli when to be

exercised by the State Government. Whenever a deed of wakf or any

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 settle or modify such scheme of management or

otherwise exercise superintendence over the wakf, then notwithstanding

anything contained in such deed of wakf, decree, order or scheme, such

powers aforesaid shall be exercisable by the State Government:



Provided that where a Board has been established, the State

Government shall consult the Board before exercising such powers.


67.
Supervision and supersession of committee of management.


67. Supervision and supersession of committee of management. (1)

Whenever the supervision or management of a wakf is vested in any

committee appointed by the wakf, then, notwithstanding anything

contained in this Act, such committee shall continue to function until

it is superseded by the Board or until the expiry of its term as may

be specified by the wakf, whichever is earlier:



Provided that such committee shall function under the direction,

control and supervision of the Board and abide by such directions as

the Board may issue from time to time:



Provided further that if the Board is satisfied that any scheme

for the management of a wakf by a committee is inconsistent with any

provision of this Act or of any rule made thereunder or with the

directions of the wakf,







33







it may, at any time, modify the scheme in such manner as may be

necessary to bring it in conformity with the directions of the wakf or

of the provisions of this Act and the rules made thereunder.





(2) Notwithstanding anything contained in this Act and in the

deed of the wakf, 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 the wakf is

being mismanaged and that in the interest of its proper management, it

is necessary so to do, by an order, supersede such committee, and, on

such supersession, any direction of the wakf, in so far as it relates

to the constitution of the committee, shall cease to have any force:



Provided that the Board shall, before making any order

superseding any committee, issue a notice setting forth therein the

reasons for the proposed action and calling upon the Committee 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

published in the prescribed manner and on such publication shall be

binding on the mutawalli and all persons having any interest in the

wakf.



(4) Any order made by the Board under sub-section (2) shall be

final:



Provided that any person aggrieved by the order made under sub-

section (2) may, within sixty days from the date of the order, appeal

to 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).



(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 position 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:



Provided that no order for the removal of the member shall be

made unless he has been given a reasonable opportunity of showing

cause against the proposed action:



Provided further that any member aggrieved by any order for his

removal 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 Tribunal and the Tribunal may, after giving a reasonable

opportunity to the appellant 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 shall be final.


68.
Duties of mutawalli or committee to deliver possession of records,etc.


68. Duties of mutawalli or committee to deliver possession of

records, etc. (1) Where any mutawalli or committee of management has

been removed by the Board in accordance with the provisions of this

Act, or of any scheme made by the Board, the mutawalli or the

committee so removed from the office (hereinafter in this section

referred to as the removed mutawalli or committee) shall hand over

charge and deliver possession of the records, accounts and all

properties of the wakf (including cash) to the successor mutawalli or

the successor committee, within one month from the date specified in

the order.



(2) 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 obtaining possession thereof after the

expiry of the period aforesaid, the successor mutawalli or any member

of the successor committee may make an application, 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, thereupon, such Magistrate may, after giving notice to the

removed mutawalli or members of the removed committee, make an order

directing the delivery of charge and possession of such records,

accounts and properties (including cash) of the wakf to the successor

mutawalli or the committee, as the case may be, within such time as

may be specified in the order.



(3) Where the removed mutawalli or any member of the removed

committee, omits or fails to deliver charge and possession of the

records, accounts and, properties (including cash) within the time

specified by the Magistrate, under sub-section (2), the removed

mutawalli or every member of the removed 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.





(4) Whenever any removed mutawalli or any member of the removed

committee omits or fails to comply with the orders made by the

Magistrate, under sub-section (2), the Magistrate may authorise the

successor mutawalli or committee to take charge and possession of such

records, accounts, properties (including cash) and may authorise such

person to take such police assistance as may be necessary for the

purpose.



(5) No order of appointment of the successor mutawalli or

committee, shall be called in question in the proceedings before the

Magistrate under this section.





35





(6) Nothing contained in this section 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 properties specified in the order made by the

Magistrate under sub-section (2).


69.
Power of Board to frame scheme for administration of wakf.


69. Power of Board to frame scheme for administration of wakf.

(1) Whenever the Board is satisfied, whether on its own motion or on

the application of not less than five persons interested 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 administration of the wakf, after consultation with the mutawalli

or the applicant in the prescribed manner.



(2) A scheme framed under sub-section (1) may provide for the

removal of she 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

any 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 administration 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 all persons interested 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 the, Tribunal shall have no power to stay

the operation of the order made under this section.



(4) The Board may, at any time by an order, whether 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 the wakf, the Board may appoint a suitable person to

perform all or any of the functions of the mutawalli thereof and to

exercise the powers, and perform the duties, of such mutawalli.


70.
Inquiry relating to administration of wakf.


70. Inquiry relating to administration of wakf. Any, person

interested in a wakf may make an application to the Board supported by

an affidavit to institute an inquiry relating 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, it shall take such action thereon as it thinks fit.





36






71.
Manner of holding inquiry.


71. Manner of holding inquiry. (1) The Board may, either on an

application received under section 73 or on its own motion,-





(a) 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 (5 of 1908.) for enforcing the attendance of witnesses

and production of documents.


CHAP
FINANCE OF THE BOARD


CHAPTER VII



FINANCE OF THE BOARD


72.
Annual contribution payable to Board.


72. Annual contribution payable to Board. (1) The mutawalli of

every 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.



Explanation 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 the Government or any local authority;



(iii) expenditure incurred for all or any of the following

purposes, namely:-



(a) maintenance of, or repairs to, irrigation works, which

shall not include the capital cost of irrigation;



(b) seeds or seedlings;



(c) manure;



(d) purchase and maintenance of agricultural implements;



(e) purchase and maintenance of cattle for cultivation;





(f) wages for ploughing, watering, sowing, transplanting,

harvesting, threshing and other agricultural operations:



Provided that the total deduction in respect of an expenditure

incurred under this clause shall not exceed ten per cent. of the

income derived from lands belonging to the wakf;



(iv) expenditure on sundry repairs to rented buildings, not

exceeding five per cent. of the annual rent derived therefrom, or the

actual expenditure, whichever is less;





37





(v) sale proceeds of immovable properties or rights relating to,

or arising out of immovable properties, if such proceeds are

reinvested to earn income for the wakf:



Provided that the following items of receipts shall not be deemed

to be income for the purposes of this section, namely:-





(a) advances and deposits recovered and loans taken or

recovered;



(b) deposits made as security by employees, lessees or

contractors and other deposits, if any;



(c) withdrawals from batiks or of investments;



(d) amounts recovered towards costs awarded by courts;



(e) sale proceeds of religious books and publications where

such sales are undertaken as an unremunerative enterprise

with a view to propagating religion;



(f) donations in cash or kind or offerings made by the

donors as contribution to the corpus of the wakf:



Provided that the interest on income, if any, accruing from

such donations or offerings shall be taken into account in

calculating the gross annual income;



(g) voluntary contributions received in cash or kind for a

specific service to be performed by the wakf and expended on

such service;



(h) audit recoveries.



Explanation II.--In determining, the net annual income for the

purposes of this section, only the net profit derived by any wakf from

its remunerative undertakings, if any, shall be taken as income, and

in respect of its non-remunerative undertakings, such as, schools,

colleges, hospitals, poor homes, orphanages or any other similar

institutions, the grants given by the Government or any local

authority or donations received from the public or fees collected from

the pupils of educational institutions shall not be taken as income.



(2) The Board may in the case of any mosque or orphanage or any

particular wakf reduce or remit such contribution for such time as it

thinks fit.



(3) The mutawalli of a wakf may realise the contributions

payable by him under sub-section (1) from the various persons entitled

to receive any pecuniary or other material benefit from the wakf, but

the sum realisable from any one of such person shall not exceed such

amount as shall bear to the total contribution payable the same

proportion. as the value of the benefits receivable by such person

bears to the entire net annual income of the wakf:



Provided that if there is any income of the wakf available in

excess of the amount payable as dues under this Act, other than as the

contribution under sub-section (1), and in excess of the amount

payable under the wakf deed, the contribution shall be paid out of

such income.



(4) The contribution payable under sub-section (1) in respect of

a wakf shah, subject to the prior, payment, of any dues to the

Government or any local authority or of any other statutory first

charge on the wakf property or the in-







38





come thereof, be a first charge on the income of the wakf and shall be

recoverable, 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 or 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 to 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 as shown in the return

submitted by the mutawalli and the net annual income as 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 be made except after giving a

notice to the mutawalli calling upon him to show cause, within the

time specified in the 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 assessment or revision of return and the Board may, after

giving the appellant a reasonable opportunity of being heard, confirm,

reverse or modify the 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 in any year,

whether before or after the commencement of this Act, the Chief

Executive Officer may, within five years, from the last date of the

year to which such escaped assessment relates serve upon the mutawalli

a notice assessing him with the contribution or portion thereof which

had escaped assessment, and demanding payment thereof within thirty

days from the date of service of such notice, and the provisions of

this Act and the rules made thereunder, shall, as far as may be, apply

as if the assessments were made under this Act, in the first instance.


73.
Power of Chief Executive Officer to direct banks or other person tomake

payments.


73. Power of Chief Executive Officer to direct banks or other

person to make payments. (1) Notwithstanding anything contained in any

other law for the time being in force, the Chief Executive Officer, if

he is satisfied that it is necessary and expedient so to do, make in

order directing any bank in which, or any person with whom any money

belonging to a wakf is deposited, to pay the contribution, leviable

under section 72, out of such money, as may be standing to the credit

of the wakf in such bank or may be deposited with such person, or out

of the moneys which may, from time to time, be received by bank or

other person for or on behalf of the wakf by way of deposit, and on

receipt of such orders, the bank or the other person, as the case may

be, shall when





39





no appeal has been preferred under sub-section (3), comply with such

orders, or where an appeal has been preferred under sub-section (3),

shall comply with the orders made by the Tribunal on such appeal.



(2) Every payment made by a bank or other person in pursuance of

any order made under sub-section (1), shall operate as a full

discharge of the liability of such bank or other person in relation to

the sum so paid.



(3) Any bank or other person who is ordered under sub-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 imprisonment for a term which may extend to six months or with

fine which may extend to eight thousand rupees, or with both.


74.
Deduction of contribution from perpetual annuity payable to the wakf.


74. Deduction of contribution from perpetual annuity payable to

the wakf. (1) Every authority empowered to disburse any perpetual

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 payable by the wakf under section 72 which

remains unpaid, deduct before making payment of the perpetual annuity

to the wakf, the amount specified in such certificate and remit the

amount so deducted to the Chief Executive Officer.



(2) Every amount remitted tinder sub-section (1) to the Chief

Executive Officer shall be deemed to be a payment made by the wakf and

shall, to the extent of the amount so remitted, operate as a full

discharge of the liability of such authority with regard to the

payment of the perpetual annuity.


75.
Power of Board to borrow.


75. Power of Board to borrow. (1) For the purpose of giving

effect to the provisions of this Act, the Board may, with the previous

sanction of the State Government, borrow such sum of money and on such

term and conditions as the State Government may determine.



(2) The Board shall repay the money borrowed, together with any

interest or costs due in respect thereof, according to the terms and

conditions of the loan.


76.
Mutawalli not to lend or borrow moneys without sanction.


76. Mutawalli not to lend or borrow moneys without sanction. (1)

No mutawalli, Executive Officer or other person in charge of the

administration of a wakf shall lend any money belonging to the wakf or

any wakf property or borrow any money for the purposes of the wakf

except with the, Previous sanction of the Board:



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 case may be.



(2) The Board may, while according sanction, specify any terms

and conditions subject to which the person referred to in sub-section

(1) is authorised by him to lend or borrow any money or lend any other

wakf property.







40





(3) Where any money is lent or borrowed, or other wakf property

is lent in contravention of the provisions of this section, it shall

be lawful for the Chief Executive Officer,-







(a) 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;



(b) to recover the possession of the wakf property lent in

contravention 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.


77.
Wakf Fund.


77. Wakf Fund. (1) 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 tinder a separate sub-

head.



(3) Subject to any rules that may be made by the State

Government in this behalf, the Wakf Fund shall be under the control of

the 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.



(4) The Wakf Fund shall be applied to-





(a) repayment of any loan incurred under section 75 and

payment of interest thereon;



(b) payment of the cost of audit of the Wakf Fund and the

accounts of wakfs;



(c) payment of the salary and allowances to the officers

and staff of the Board;



(d) payment of travelling allowances to the Chairperson,

members, of the Board;



(e) payment of all expenses incurred by the Board in the

performance of the duties imposed, and the exercise of the

powers conferred, by or under this Act;



(f) payment of all expenses incurred by the Board for the

discharge of any obligation imposed on it by or under any law

for the time being in force.



(5) If any balance remains after meeting the expenditure

referred to in sub-section (4), the Board may use any portion of such

balance for the preservation and protection of wakf properties or for

such other purposes as it may deem fit.


78.
Budget of Board.


78. Budget of Board. (1) The Board shall in every year prepare,

in such form and at such time as may be prescribed, a budget for the

next financial year showing the estimated receipts and expenditure

during that financial year and forward a 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, corrections, or modifications to be made therein as it

may think fit and forward such suggestions to the Board for its

consideration.



(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





41



State Government shall, after considering such representations,

communicate, within a period of three weeks from the date of receipt

thereof, to the Board its final decision in relation to the matter and

the decision of the State Government 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 the

alterations, corrections, modifications finally suggested by the State

Government and the budget as so altered, corrected or modified, shall

be the budget which shall be passed by the Board.


79.
Accounts of Board.


79. Accounts of Board. 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 as may be provided by regulations.




80.
Audit of accounts of Board.


80. Audit of accounts of Board. (1) The accounts of the Board

shall be audited and examined annually by such auditor as may be

appointed by the State Government.



(2) The auditor shall submit his report to the State Government

and the report of the auditor shall, among other things, specify

whether the accounts of every wakf under the direct management of the

Board have been kept separately and whether such accounts have been

audited annually by the State Examiner of Local Funds and shall also

specify all cases of irregular, illegal or improper expenditure or of

failure to 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 the opinion of the auditor is responsible for such

expenditure or failure, and the auditor shall in every such case

certify the amount of such expenditure or loss as due from such

person.



(3) The cost of the audit shall be paid from the Wakf Fund.


81.
State Government to pass orders on auditor's report.


81. State Government to pass orders on auditor's report. The

State Government shall examine the auditor's report and may call for

the explanation of any person in regard to any matter mentioned

therein, and shall pass such orders on the report as it thinks fit.


82.
Dues of Board to be recovered as arrears of land-revenue.


82. Dues of Board to be recovered as arrears of land-revenue. (1)

Every sum certified to be due from any person by an auditor in his

report under section 80, be paid by such person 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 (1), the 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.







42




CHAP
JUDICIAL PROCEEDINGS


CHAPTER VIII



JUDICIAL PROCEEDINGS


83.
Constitution of Tribunals, etc.


83. Constitution of Tribunals, etc. (1) The State Government

shall, by notification in the Official Gazette, constitute as many

Tribunals, as it may think fit, for the determination of any dispute,

question or other matter relating to a 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 aggrieved 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 made under sub-section (1) relates to

any wakf property which falls within the territorial limits of the

jurisdiction of two or more Tribunals, such application may be made to

the Tribunal within the local limits of whose jurisdiction the

mutawalli or any one of the mutawallis of the wakf actually and

voluntarily resides, carries on business or personally works for gain,

and, where 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.



Provided that the State Government may, if it is of opinion that

it is expedient in the interest of the wakf or any other person

interested in the 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 the 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 the

Tribunal is of opinion that it is necessary in, the interests of

justice to deal with the application afresh.



(4) Every Tribunal shall consist, of one person, who shall be a,

member of the State Judicial Service holding a rank, not below that of

a District, Sessions or Civil Judge, Class I, and the 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, (5 of 1908.) while trying a suit, or

executing a decree or order.



(6) Notwithstanding anything contained in the Code of Civil

Procedure, 1908, (5 of 1908.) the Tribunal shall follow such procedure

as, may be prescribed.





43





(7) The decision of the Tribunal shall be final and binding upon

the parties to the application and it shall have the force of a decree

made by a, civil court.



(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 (5

of 1908.)



(9) No appeal shall he against any decision or order whether

interim or otherwise, given or made by the Tribunal:



Provided that a High Court may, on its own motion or on the

application 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 purpose of satisfying

itself as to the correctness, legality or propriety of such

determination and may confirm, reverse or modify such determination or

pass such other order as it may think fit.


84.
Tribunal to hold proceedings expeditiously and to furnish to theparties

copies of its decision.


84. Tribunal to hold proceedings expeditiously and to furnish to

the parties copies of its decision. Whenever an application is made to

a Tribunal for the determination of any dispute, question or other

matter relating to a wakf or wakf property it shall hold its

proceedings as expeditiously as possible and shall as soon, as

practicable, on the conclusion of the hearing of such matter give its

decision in writing and furnish a copy of such decision to each of the

parties to the dispute


85.
Bar of jurisdiction of civil courts.


85. Bar of jurisdiction of civil courts. 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, wakf property or other

matter which is required by or under this Act to be determined by a

Tribunal.


86.
Appointment of a receiver in certain cases.


86. Appointment of a receiver in certain cases. Notwithstanding

anything contained in the Code of Civil Procedure, 1908, (5 of 1908.)

or in any other law for the time being in force, where any suit; or

other legal proceeding is instituted or commenced-





(a) by or on behalf of a Board---



(i) to set aside the sale of any immovable property, which

is wakf property, in execution of a decree or order of a

civil court;



(ii) to set aside the transfer of any immovable property,

which is wakf property, made by the mutawalli thereof,

whether for valuable consideration or not, without or

otherwise than in accordance with, the sanction of the Board;







44







(iii) to recover possession of the property referred to in

clause (a) or clause (b) or to restore possession of such

property to the mutawalli of the concerned wakf; or





(b) by a mutawalli to recover possession of immovable property,

which is wakf property, which has been transferred by a previous

mutawalli, whether for valuable consideration or not, without other-

wise than in accordance with the sanction of the Board, and which is

in the possession of the defendant, the court may, on the application

of the plaintiff, appoint a receiver of such property and direct such

receiver to pay from time to time to the plaintiff, out of the income

of the property, such amount as the court may consider to be necessary

for further prosecution of the suit.


87.
Bar to the enforcement of right on behalf of unregistered wakfs.


87. Bar to the enforcement of right on behalf of unregistered

wakfs. (1) Notwithstanding anything contained in any other law for the

being in force, no suit, appeal or other legal proceeding for the

enforcement of any right on behalf of any wakf which has not been

registered in accordance with the provisions of this Act, shall be

instituted or commenced or heard, tried or decided by any court 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 proceeding 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.



(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.
Bar to challenge the validity of any notification, etc.


88. Bar to challenge the validity of any notification, etc. Save

as otherwise expressly provided in this Act, no notification or order

or decision made, proceeding or action taken, by the Central Gov-

ernment or the State Government under this Act or any rule made there-

under shall be questioned in any civil court.


89.
Notice of suits by parties against Board.


89. Notice of suits by parties against Board. No suit shall be

instituted against the Board in respect of any act purporting to be

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 so delivered or left.


90.
Notice of suits, etc., by courts.


90. Notice of suits, etc., by courts. (1) In every suit or

proceeding relating to a title to or possession of a wakf property or

the right of a mutawalli or beneficiary, the 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





45





to the Board by the court, Collector or other person under whose order

the sale is notified.



(3) In the absence of a notice under sub-section (1), any decree

or order passed in the suit or proceeding shall he 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 the absence of a notice under sub-section (2), the sale

shall be declared void, if the Board, within one month of its coming

to know of the sale, applies in this behalf to the court or other

authority under whose order the sale was held.


91.
Proceedings under Act 1 of 1894.


91. Proceedings under Act 1 of 1894. (1) If, in the course of

proceedings under the Land Acquisition Act 1894 or under any law for

the time being in force relating to the acquisition of land or other

property, it appears to the Collector before an award is made that any

property under acquisition is wakf property, a notice of such

acquisition shall be served by Collector on the Board and further

proceedings shall be stayed to enable the Board to appear and plead as

a party to the proceeding at any time within three months from the

date of the receipt of such notice.



Explanation.-The reference to the Collector in the foregoing

provisions of this sub-section shall, in relation to any other law

referred to therein, be construed, if the Collector is not the

competent authority under such other law to make an award of the

compensation or other amount payable for acquisition of land or other

property thereunder, as a reference to the authority under such other

law competent to make such award.



(2) Where the Board has reason to believe that any property

under acquisition is wakf property, it may at any time before the

award is made appear and plead as a party to the proceeding.



(3) When the Board has appeared under the provisions of sub-

section (1) or sub-section (2), no order shall be passed under section

31 or section 32 of the Land Acquisition Act, 1894 or under the

corresponding provisions of the other law referred to in sub-section

(1) without giving an opPortunity 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 corresponding provisions of the

other law referred to in sub-section (1) without giving an opportunity

to the Board to be heard, shall be declared void if the Board, within

one month of its coming to know of the order, applies in this behalf

to the authority which made the order.


92.
Board to be party to suit or proceeding.


92. Board to be party to suit or proceeding. In any suit or

proceeding in respect of a wakf or any wakf property the Board may

appear and plead as a party to the suit or proceeding.





46




93.
Bar to compromise of suits by or against mutawallis.


93. Bar to compromise of suits by or against mutawallis. 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.


94.
Power to make application to the Tribunal in case of failure ofmutawalli

to discharge his duties.


94. Power to make application to the Tribunal in case of failure

of mutawalli to discharge his duties. (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 the Board

in this behalf the amount necessary for the performance of such act.



(2) Where a mutawalli is under an obligation to discharge any

other duties imposed on him under the 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.
Power of appellate authority to entertain appeal after expiry ofspecified

period.


95. Power of appellate authority to entertain appeal after expiry

of specified period. 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,




CHAP
MISCELLANEOUS


CHAPTER IX



MISCELLANEOUS




96.
Power of Central Government to regulate secular activities of wakfs.


96. Power of Central Government to regulate secular activities of

wakfs. (1) For the purpose of regulating the secular activities of

wakfs, the Central Government shall have the following powers and

functions, namely:-





(a) to lay down general principles, and policies of wakf

administration 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.











47





Explanation.-For the purposes of this section "secular

activities" shall include social, economic, educational and other

welfare activities.


97.
Directions by State Government.


97. Directions by State Government. Subject to any directions

issued by the Central Government under section 96, the State

Government may, from time to time, give to the Board such general or

special directions as the State Government thinks fit and in the

performance of its functions, the Board shall comply with such

directions.


98.
Annual report by State Government.


98. Annual report by State Government. As soon as may be after

the close of a financial year, the State Government shall cause a

general annual report on the working and administration of the State

Wakf Board and the Administration of wakfs in the State during that

year to be prepared and laid before each House of the State

Legislature where it consists of two Houses, or where such Legislature

consists of one House, before that House, and every such report shall

be in such form and shall contain such matters as may be provided by

regulations.


99.
Power to supersede Board.


99. Power to supersede Board. (1) If the State Government is of

opinion that the Board is unable to perform or has persistently made

default in the performance of, the duty imposed on it by or under this

Act or has exceeded or abused its powers, or has wilfully and without

sufficient cause failed to comply with any direction issued by the

Central Government under section 96 or the State Government under

section 97, or if the State Government is satisfied on consideration

of any report submitted after annual inspection, that the Board's

continuance is likely to be injurious to the interests of the wakfs in

the State, the State Government may, by notification in the Official

Gazette, supersede the Board for a period not exceeding six months:



Provided that before issuing a notification under this sub-

section, the State Government shall give a reasonable time to the

Board to show cause why it should not be superseded and shall consider

the explanations and objections, if any, of the Board.



(2) Upon the publication of a notification under sub-section (1)

superseding the Board,-





(a) all the members of the Board shall, as from the date of

supersession, vacate their offices as such members;







48





(b) all the powers and duties which may, by or under the

provisions of this Act, be exercised or performed by or on

behalf of the Board shall, during the period of supersession,

be exercised and performed by such person or persons as the

State, Government may direct; and



(c) 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 sub-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.
Protection of action taken in good faith.


100. Protection of action taken in good faith. 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 Act in respect of anything which is in good faith done or

intended 'to be done under this Act.


101.
Survey Commissioner, members and officers of the Board deemed to bepublic

servants.


101. Survey Commissioner, members and officers of the Board

deemed to be public servants. (1) The Survey Commissioner, members of

the Board, every officer, every auditor of the 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.

(45 of 1860.)



(2) Every mutawalli of a wakf, every 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 meaning of

section 21 of the Indian Penal Code. (45 of 1860.)


102.
Special provision for reorganisation of certain Boards.


102. Special provision for reorganisation of certain Boards. (1)

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

Government of a State in any part of which the Board is functioning

that Board should be dissolved or that it should be reconstituted as

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-

stitution, including proposals regarding the transfer of the assets,

rights and liabilities of the Board to any other Board or State

Government and the transfer or re-employment of employees of the Board

and forward the scheme to the Central Government.





49





(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 of

the following matters, namely:-





(a) the dissolution of the Board;



(b) the reconstitution in any manner whatsoever of the

Board including the establishment, where necessary, of a new

Board.



(c) 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 the assets,

rights and liabilities of the Board (including the rights and

liabilities under 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 transferee, as a party to any

legal proceeding to which the Board is a party; and the

transfer of any proceeding pending before the Board to any

such transferee;



(f) the transfer or reemployment of any employee of the

Board to or by, any such transferee and subject to the

provisions of law providing for the reorganisation of the

concerned State, the terms and conditions of service

applicable to such employees after such transfer or re-

employment; and



(g) such incidental, consequential and supplemental matters

as may be necessary to give effect to the approved 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 liabilities 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, as soon as may be, after it is made.


103.
Special provision for establishment of Board for part of a State.


103. Special provision for establishment of Board for part of a

State. (1) Where on account of the territorial changes brought about

by any law providing for the reorganisation of any State, this Act 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 been brought into force in

the remaining part thereof, then notwithstanding anything contained in

this Act, it shall be lawful for the Government of the State 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 to

that part of the State for which the Board is established.







50





(2) Where any such Board has been established and it appears to

the Government of the State that a Board should be established for the

whole of the State, the State Government may, by order notified in the

Official Gazette dissolve the Board established for the part of the

State or reconstitute and reorganise such Board or establish a new

Board for the whole of the State and thereupon, the assets, rights and

liabilities of the Board for the part of the State shall vest in and

be the assets, rights and liabilities of the reconstituted Board or

the new Board, as the case may be.


104.
Application of Act to properties given or donared by persons

notprofessing Islam for support of certain wakf.


104. Application of Act to properties given or donared by persons

not professing Islam for support of certain wakf. Notwithstanding

anything contained in this Act where any movable or immovable property

has been 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;



(c) a choultry or a musafarkhana,



then such property shall be deemed to be comprised in that wakf and be

dealt in the same manner as the wakf in which it is so comprised.


105.
Power of Board and Chief Executive Officer to require copies

ofdocuments, etc., to be furnished.


105. Power of Board and Chief Executive Officer to require copies

of documents, etc., to be furnished. Notwithstanding anything

contained in any law for the time being in force, it shall be lawful

for the Board or the Chief Executive Officer to require any person

having the custody of any record, register, report or other document

relating to a wakf or any immovable property, which is wakf property,

to furnish subject to the payment of necessary costs, copies of, or

extracts from, any such record, register, report or document and every

person to whom such a requisition is made, shall furnish, as soon as,

may be practicable, to the Board or Chief Executive Officer copies or

extracts from the required record, register, report or other document.


106.
Powers of Central Government to constitute common Boards.


106. Powers of Central Government to constitute common Boards.

(1) Where the Central Government is satisfied that by reasons of-





(i) the smallness of the Muslim population in two or more

States,



(ii) the slender resources of the Wakfs in such States, and



(iii) the disproportion between the number and income of the

wakfs and the Muslim population in such States;



it is expedient in the interests of the wakfs in the States and the

Muslim population of such States, to have, instead of separate Boards

for each of such States, a common Board, it may, after consultation

with the Government of each of the concerned States, establish, by

notification in the Official Gazette,





51





a common Board for such States as it may deem fit, and may, by the

same or any subsequent notification specify the place at which the

principal office of such common Board shall be located.



(2) Every common Board established under sub-section (1) shall,

as far as practicable, consist of the persons specified in sub-section

(1) or, as the case may be, sub-section (7) of section 14.





(3) Whenever any common Board is established under sub-section

(1),-





(a) all powers vested in the State Government under any

deed of wakf or any provision of law for the time being in

force relating to wakfs, shall stand transferred to, and

vested in, the Central Government and, thereupon, references

in such deed of wakf or law to the State Governments shall be

construed as references to the Central Government:



Provided that while establishing a common Board for two or

more States, the 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

references to each of the States for which the common Board

has been established;



(c) the Central Government may, without prejudice to any

rule applicable to a Board in a State, make, by notification

in the Official Gazette, rules regulating the conduct of

business by and affairs of, the common Board.



(4) The common Board shall be 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 Central Government, and shall by the said name sue or

be sued.


107.
Act 36 of 1963 not to apply for recovery of wakf properties.


107. Act 36 of 1963 not to apply for recovery of wakf properties.

Nothing contained in the Limitation Act, 1963 shall apply to any suit

for possession of immovable property comprised in any wakf or for

possession of any interest in such property.


108.
Special provision as to evacuee wakf properties.


108. Special provision as to evacuee wakf properties. 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 the Administration of Evacuee Property Act

1950 which immediately before it became such evacuee property within

the said meaning was property comprised in any wakf and, in particular

any entrustment (whether by transfer of any documents or in any other

manner 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 instructions of the Custodian under the

Administration of Evacuee Property Act, 1950 shall have, and shall be

deemed always to have had, notwithstanding anything







52



contained in any other provision of this Act, effect as if such

entrustment had operated to-





(a) vest such property in such Board in the same manner and

with the same effect as in a trustee of such property for the

purposes of sub-section (1) of section 11 of the

Administration of Evacuee Property Act, 1950 (31 of 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.
Power to make rules.


109. Power to make rules. (1) The State Government may, by

notification in the Official Gazette, 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 foregoing powers, such rules may provide for all or any of the

following matters, namely :-







(i) other particulars which the report of the Survey

Commissioner may contain, under clause (f) of sub-section (3)

of section (4);



(ii) any other matter under clause (f) of sub-section (4) of

section 4;



(iii) the particulars which a list of Wakfs published under sub-

section (2)-of section 5, may contain;



(iv) 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 subsection (2) of section 23;



(vi) the conditions and restrictions subject to which the

Chief Executive Officer or any other officer may inspect any

public office, records or registers under section 29;



(vii) the conditions subject to which an Executive Officer

and supporting staff may be appointed under sub-section (1)

of section 38;



(viii) the manner in which an inquiry may be held by the

Chief Executive Officer under subsection (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 (1) of section 45;



(x) the interval at which accounts of Wakfs may be audited

in pursuance of the provisions of sub-section (1) of

section 47;



(xi) the time within which. the sale of any property is to

be informed under the first proviso to sub-section (2) of

section 51 and the manner in which the approval given under

sub-section (3) of that section shall be published;



(xii) the guidance subject to which the Collector shall

recover the property transferred in contravention of the

provisions of this Act, under section 52;





53





(xiii) the manner of service of notice issued under sub-

section (1) of section 54 and the manner in which any

inquiry is to be made under sub-section (3) of that section;



(xiv) the manner in which any inquiry may be held under

section 64 or section 71;



(xv) the other matters which may be specified in the report

submitted under sub-section (3) of section 65;



(xvi) the manner of publication of order made under sub-

section (2) of section 67;



(xvii) the manner in which consultation may be made with

mutawalli under sub-section (1) of section 69;



(xviii) the manner of publication of order made under sub-

section (3) of section 69;



(xix) the rate at which contribution is to be made by a

mutawalli under section 72;



(xx) the payment of moneys in-to the Wakf Fund, the

investment, 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;



(xxii) the time within which application is to be made to

the Tribunal under sub-section (2) of section 83;



(xxiii) the procedure which the tribunal shall follow

under sub-section (6) of section 83;



(xxiv) the form in which the annual report is to be

submitted and the matters which such report shall contain

under section 98; and



(xxv) any other matter which is required to be, or may be,

prescribed.


110.
Powers to make regulations by the Board.


110. Powers to make regulations by the Board. (1) The Board may,

with the previous sanction of the State Government, 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 of

the foregoing powers, such regulations may provide for all or any of

the following matters, namely:





(a) the time and places of the meetings of the Board under

sub-section (1) of section 17;



(b) the procedure and conduct of business at the meetings

of the Board;



(c) the constitution and functions of the committees and

the Board and the procedure for transaction of business at

the meetings of such committees;





54





(d) the allowances or fees to be paid to the Chairperson or

members, of the Board or members of committees;



(e) the terms and conditions of service of the officers and

other employees of the Board under sub-section (2) of section

24;



(f) the forms of application for registration of Wakfs

further particulars to be contained therein and the manner

and place of registration of Wakfs under sub-section, (3) of

section 36;



(g) further particulars to be contained in the 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 the

Mutawalli and approved by the Board under sub-section (1) 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



(l) any other matter which has to be, or may be, provided

by regulations.



(3) All regulations made under this section shall be published

in the Official Gazette and shall have effect from the date of

such publication.


111.
Laying of rules and regulations before State Legislature.


111. Laying of rules and regulations before State Legislature.

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.
Repeal and savings.


112. Repeal and savings. (1) The Wakf Act, 1954 (29 of 1954.) and

the Wakf (Amendment) Act, 1984 (69 of 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 Act, 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

corresponding law shall be deemed to have been done or taken in the

exercise of





55







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.
power of remove difficulties.


113. power of remove difficulties. (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 Govt. of India.