WAKF ACT 1995

by Usha Rai · April 26, 2015

THE WAKF ACT, 1995

ACT No. 43 OF 1995

22ndNovember, 1994

An Act to provide for the better administration of Wakfs and formatters connected therewith or incidental thereto

BE it enacted by Parliament inthe Forty–sixth year of the Republicof India as follows: –

CHAPTER I

PRELIMINARY

1.Short title, extent andcommencement: (1) ThisAct 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 ina State on such date as the Central government may, by notification in theOfficial Gazette, appoint; and different dates may be appointed for differentareas within a State and for different provisions of this Act, and anyreference in any provision to the commencement of this Act, shall, in relationto any State or area therein, be construed as reference to the commencement ofthat provision in such state or area.

2.Application of the Act: Save as otherwise expresslyprovided under this Act, this Act shall apply to all wakfs whether createdbefore or after the commencement of this Act:

Provided that nothing in thisAct shall apply to Durgah Khawaja Saheb, Ajmerto which the Durgah Khawaja Saheb Act, 1955 (36 of 1955.) applies.

3.Definitions:In this Act, unless the contextotherwise requires–

(a) "beneficiary"means a person or object for whose benefit a wakf is created and includesreligious, pious and charitable objects and any other objects of public utilitysanctioned by the Muslim law;

(b) ‘benefit" does notinclude any benefit which a mutawalli is entitled to claim solely by reason ofhis being such mutawalli;

(c) "Board" means aBoard of wakf established under sub–section 91), or as the case may be,under sub–section 92) of section 13 and shall include a common Wakf Boardestablished under section 106;

(d) "Chief ExecutiveOfficer" means the chief Executive Officer appointed under sub–section(1) of section 23;

(e) "Council" meansthe Central Wakf Council established under section 9;

(f) "ExecutiveOfficer" means the Executive Officer appointed by the Board under sub–section(1) of section 38;

(g) "list of wakfs"means the list of wakfs published under sub–section (2) of section 5;

(h) "member" means amember of the Board and includes the Chairperson;

(i) "mutawalli" meansany person appointed, either verbally or under any deed or instrument by whicha wakf has been created, or by a competent authority, to be the mutawalli of awakf and includes any person who is a mutawalli of a wakf by virtue of anycustom or who is a naib–mutawalli, khadim, mujawar, sajjadanshin, aminor other person appointed by a mutawalli to perform the duties of a mutawalliand save as otherwise provided in this Act, any persons, committee orcorporation for the time being managing or administering any wakf or wakfproperty:

Provided that no member of acommittee or corporation shall be deemed to be a mutawalli unless such memberis an office bearer of such committee or corporation;

(j) ‘net annual income",in relation to a wakf, means net annual income determined in accordance withthe provisions of the Explanations to sub–section (1) of section 72;

(k) "person interested ina wakf" means any person who is entitled to receive any pecuniary or otherbenefits from the wakf and includes–

(i) any person who has a rightto worship or to perform any religious rite in a mosque idgah, imambara,dargah, khangah, maqbara, graveyard or any other religious institutionconnected with the wakf or to participate in any religious or charitableinstitution under the wakf;

(ii) the wakif and anydescendant of the wakif and the mutawalli;

(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" meansa wakf governed by Shia law;

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

(p) "SurveyCommissioner" means the Survey Commissioner of Wakf appointed under sub–section(1) of section and includes any Additional or Assistant Survey Commissioners ofwakfs under sub–section (2) of section 4;

(q) "Tribunal", inrelation to any area, means the Tribunal constituted under sub–section(1) of section 83, having jurisdiction in relation to that area;

(r) "wakf" means thepermanent dedication by a person professing Islam, of any movable or immovableproperty for any purpose recognised by the Muslim law as pious, religious orcharitable and includes –

(i) a wakf by user but suchwakf shall not cease to be a wakf by reason only of the user having ceasedirrespective of the period of such cesser;

(ii) "grants",including mashrut–ul–khidmat for any purpose recognised by theMuslim law as pious, religious or charitable; and

(iii) a wakf–alal–auladto the extent to which the property is dedicated for any purpose recognised byMuslim law as pious, religious or charitable,

and "wakf" means anyperson making such dedication;

(s) "wakf deed" meansany deed or instrument by which a wakf has been created and includes any validsubsequent deed or instrument by which any of the term of the originaldedication have been varied;

(t) "Wakf Fund" meansa wakf fund formed under sub–section (1) of section 77.

CHAPTER II

SURVEY OF WAKFS

4.Preliminary survey of wakfs:(1) The State Government may,by notification in the Official Gazette, appoint for the State a SurveyCommissioner of Wakfs and as many Additional or Assistant Survey Commissionersof Wakfs as may be necessary for the purpose of making a survey of wakfsexisting in the State at the date of the commencement of this Act.

(2) All Additional andAssistant Survey Commissioners of Wakfs shall perform their functions underthis Act under this Act under the general supervision and control of the SurveyCommissioner of Wakfs.

(3) The Survey Commissionershall, after making such inquiry as he may consider necessary, submit hisreport, in respect of wakfs existing at the date of the commencement of thisAct in the State or any part thereof, to the State Government containing thefollowing particulars, namely: –

(a) the number of wakfs in theState showing the Shia wakfs and Sunni wakfs separately;

(b) the nature and objects ofeach wakf;

(d) the amount of land revenue,cesses, rates and taxes payable in respect of each wakf;

(e) the expenses incurred inthe realisation of the income and the pay or other remuneration of themutawalli of each wakf; and

(f) such other particularsrelating to each wakf as may be prescribed.

(4) The Survey Commissionershall, while making any inquiry, have the same powers as are vested in a civilcourt under the Code of Civil Procedure, 1908(6 of 1908) in respect of thefollowing matters, namely: –

(a) summoning and examining anywitness;

(b) requiring the discovery andproduction of any document;

(d) issuing commissions for theexamination of any witness or accounts;

(e) making any local inspectionor local investigation;

(f) such other matters as maybe prescribed.

(5) If, during any suchinquiry, any dispute arises as to whether a particular wakf is a Shia wakf orSunni wakf and there are clear indications in the deed of wakf as to itsnature, 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 makea second or subsequent survey of wakf properties in the State and theprovisions of sub–sections (2), (3), (4) and (5) shall apply to suchsurvey as they apply to a survey directed under sub–section (1):

Provided that no such second orsubsequent survey shall be made until the expiry of a period of twenty yearsfrom the date on which the report in relation to the immediately previous surveywas submitted under sub–section (3).

5.Publication of list of works:(1) On receipt of a reportunder sub–section (3) of section 4, the State Government shall forward acopy of the same to the Board.

(2) The Board shall examine thereport forwarded to it under sub–section (1) and publish in the OfficialGazette of a list of Sunni wakf or Shia wakfs in the State, whether inexistence at the commencement of this Act or coming into existence thereafter,to which the report relates, and containing such other particulars as may beprescribed.

6.Disputes regarding wakfs:(1) if any question ariseswhether a particular property specified as wakf property in the list of wakfsis wakf property or not or whether a wakf specified in such list is a Shia wakfor Sunni wakf, the Board or the mutawalli of the wakf or any person interestedtherein may institute a suit as a Tribunal for the decision of the question andthe decision of the Tribunal in respect of such matter shall be final:

Provided that no such suit shall beentertained by the Tribunal after the expiry of one year from the date of thepublication of the list of wakfs.

Explanation: For thepurposes of this section and section 7, the expression "any personinterested therein", shall, in relation to any property specified as wakfproperty in the list of wakfs published after the commencement of this Act,shall include also every person who, though not interested in the wakfconcerned, is interested in such property and to whom a reasonable opportunityhad been afforded to represent his case by notice served on him in that behalfduring the course of the relevant inquiry under section 4.

(2) Notwithstanding anythingcontained in sub–section (1),no proceeding under this Act in respect ofany wakf shall be stayed by reason only of the pendency of any such suit or ofappeal or other proceeding arising out of such suit.

(3) The Survey Commissionershall 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 ofanything which is in good faith done or intended to be done in pursuance ofthis 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 thecommencement of this Act in a State, no suit or other legal proceeding shall beinstituted or commenced in a court in that State in relation to any questionreferred to in sub–section (1).

7.Power of Tribunal todetermine disputes regarding wakfs: If, after the commencement of this act, any questionarises, whether a particular property specified as wakf property in a list ofwakfs is wakf property or not, or whether a wakf specified in such list is aShia wakf or a Sunni wakf, the Board or the mutawalli of the wakf, or anyperson interested therein, may apply to the Tribunal having jurisdiction inrelation to such property, for the decision of the question and the decision ofthe Tribunal thereon shall be final:

Provided that–

(a) in the case of the list ofwakfs relating to any part of the State and published after the commencement ofthis Act no such application shall be entertained after the expiry of one yearfrom the date of publication of the list of wakfs;

and

(b) in the case of the list ofwakfs relating to any part of the State and published at any time within aperiod of one year immediately preceding the commencement of this Act, such anapplication may be entertained by Tribunal within the period of one year fromsuch commencement:

Provided further that where any such questionhas been heard and finally decided by a civil court in a suit instituted beforesuch commencement, the Tribunal shall not re–open such question.

(2) Except where the Tribunalhas no jurisdiction by reason of the provisions of sub–section (5), noproceeding under this section in respect of any wakf shall be stayed by anycourt, 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 Officershall not be made a party to any application under sub–section (1).

(4) The list of wakfs and whereany 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 jurisdictionby reason to determine any matter which is the subject–matter of anysuit or proceeding instituted or commenced in a civil court under sub–section(1) of section 6, before the commencement of this Act or which is the subject–matterof any appeal from the decree passed before such commencement in any such suitor proceeding or of any application for revision or review arising out of suchsuit, proceeding or appeal, as the case may be.

8.Recovery of costs of survey:(1) The total cost of making asurvey including the cost of publication of the list or lists of wakfs underthis Chapter shall be borne by all the mutawalli of the wakfs the net annualincome whereof exceeds five hundred rupees, in proportion to the net annualincome accruing in the State to such wakfs, such proportion being assessed bythe Survey Commissioner.

(2) Notwithstanding anythingcontained in the deed or instrument by which the wakf was created, anymutawalli may pay from the income of the wakf any sum due from him under sub–section(1).

(3) Any sum due from amutawalli under sub–section (1) may, on a certificate issued by theState Government, be recovered from the property comprised in the wakf in thesame manner as an arrear of land revenue.

CHAPTER III

CENTRAL WAKF COUNCIL

9.Establishment andconstitution of Central Wakf Council:(1) For the purpose of advising it, on matters concerningthe working of Boards and the due administration of wakfs, the CentralGovernment may, by notification in the Official Gazette, establish a Council tobe called the Central Wakf Council.

(2) The Council shall consistof–

(a) the Union Minister in chargeof wakfs – ex officio Chairperson;

(b) the following members to beappointed by the Central Government from amongst Muslims, namely: –

(i) three persons to representMuslim organisations having all India character and national importance;

(ii) four persons of nationaleminence of whom two shall be from amongst persons having administrative andfinancial expertise;

(iii) three Members ofParliament of whom two shall be from the House of the People and one from theCouncil of States;

(iv) chairpersons of threeBoards by rotation;

(v) two persons who have beenJudges of the Supreme Court or a High Court;

(vi) one advocate of nationaleminence;

(vii) one person to representthe mutawallis of the wakf having a gross annual income of rupees five lakhsand above;

(viii) three persons who areeminent scholars in Muslim Law.

(3) The term of office of, theprocedure to be followed in the discharge of their functions by, and the mannerof filling casual vacancies among, members of the Council shall be such as maybe prescribed by rules made by the Central Government.

10.Finance of Council:(1) Every Board shall pay fromits Wakf Fund annually to the Council such contribution as is equivalent to onepercent, of the aggregate of the net annual income of the wakfs in respect ofwhich 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) ofsection 72 the whole of the contribution payable to it under sub–section(1) of that section, then for calculating the contribution payable to theCouncil under this section the net annual income of the wakf in respect ofwhich such remission has been granted shall not be taken into account.

(2) All monies received by theCouncil under sub–section (1) and all other monies received by it asdonations, benefactions and grants shall form a fund to be called the CentralWakf Fund.

(3) Subject to any rules thatmay be made by the Central Government in this behalf, the Central Wakf Fundshall be under the control of the Council and may be applied for such purposesas the Council may deem fit.

11.Accounts and audit:(1) The Council shall cause tobe maintained such books of account and other books in relation to its accountsin such form and in such manner as may be prescribed by rules made by theCentral Government.

(2) The accounts of the Councilshall be audited and examined annually by such auditor as may be appointed bythe Central Government.

(3) The costs of the auditshall be paid from the Central Wakf Fund.

12.Power of Central Governmentto make rules: (1) TheCentral Government may, by notification in the Official Gazette, make rules tocarry out the purposes of this Chapter.

(2) In particular, and withoutprejudice to the generality of the foregoing power, such rules may provide forall or any of the following matters, namely: –

(a) the term of office of, theprocedure to be followed in the discharge of their functions by, and the mannerof filling casual vacancies among, the members of the Council;

(b) control over andapplication of the Central Wakf Fund;

(3) Every rule made by theCentral Government under this Chapter shall be laid, as soon as may be after itis made, before each House of Parliament, while it is in session for a totalperiod of thirty days, which may be comprised in one session or in two or moresuccessive sessions, and if, before the expiry of the session immediately following,the session or the successive sessions aforesaid, both Houses agree in makingany modification in the rule or both House agree that the rule should not bemade, the rule shall thereafter have effect only in such modified form or be ofno effect, as the case may be; so, however, that any such modification orannulment shall be without prejudice to the validity of anything previouslydone under that rule.

CHAPTER IV

ESTABLISHMENT OF BOARDS AND THEIR FUNCTIONS

13.Incorporation:(1) With effect from such dateas the State Government may, by notification in the Official Gazette, appointin this behalf, there shall be established a Board of Wakfs under such name asmay be specified in the notification.

(2) Notwithstanding anythingcontained in sub–section (1), if the Shia wakfs in any State constitutein number more than fifteen percent of all the wakfs in the State or ifthe income of the properties of the Shia wakfs in the State constitutes morethan fifteen percent of the total income of properties of all the wakfs in theState, the State Government may, by notification in the Official Gazette,establish a Board of Wakfs each for Sunni wakfs and for Shia wakfs under suchnames as may be specified in the notification.

(3) The Board shall be a bodycorporate having perpetual succession and a common seal with power to acquireand hold property and to transfer any such property subject to such conditionsand restrictions as may be prescribed and shall by the said name sue and besued.

14.Composition of Board:(1) The Board for a State andthe Union territory of Delhi shall consist of–

(a) a Chairperson;

(b) one and not more than twomembers, as the State government may think fir, to be elected from each of theelectoral colleges consisting of–

(i) Muslim Members ofParliament from the State or, as the case may be, the Union territory of Delhi,

(ii) Muslim Members of theState Legislature,

(iii) Muslim Members of the BarCouncil of the State, and

(iv) mutawallis of the wakfshaving an annual income or rupees one lakh and above;

(d) one and not more than twomembers to be nominated by the state Government, each from recognised scholarsin Islamic Theology,

(e) an officer of the Stategovernment not below the rank of Deputy Secretary.

(2) Election of the membersspecified in clause (b) of sub–section (1) shall be held in accordancewith the system of proportional representation by means of a singletransferable vote, in such manner as may be prescribed:

Provided that where the numberof Muslim Member of Parliament, the State Legislature of the State Bar council,as the case may be, is only one, such Muslim Member shall be declared to havebeen elected on the Board:

Provided further that wherethere 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–MuslimMembers of Parliament, the State Legislature or ex–member of the StateBar Council, as the case may be, shall constitute the electoral college.

(3) Notwithstanding anythingcontained in this section, where the State government is satisfied, for reasonsto be recorded in writing, that it is not reasonably practicable to constitutean electoral college for any of the categories mentioned in sub–clause(i) to (iii) of clause (b) of sub–section (1), the State Government maynominate such persons as the members of the Board as it deems fit.

(4) The number of electedmembers of the Board shall, at all times, be more than the nominated members ofthe Board except as provided under sub–section (3).

(5) where there are Shia wakfsbut no separate Shia Wakfs Board exists, at least one of the members from thecategories listed in sub–section (1), shall be a Shia Muslim.

(6) In determining the numberof Shia member or Sunni members of the Board, the State Government shall haveregard to the number and value of Shia wakfs and Sunni wakfs to be administeredby the Board and appointment of the members shall be made, so far as may be, inaccordance with such determination.

(7) In the case of the Unionterritory other than Delhi, the Board shall consist of not less than three andnot more than five members to be appointed by the Central Government fromamongst the categories of persons specified in sub–section (1):

Provided that there shall beone mutawalli as the member of the Board.

(8) Whenever the Board isconstituted or re–constituted, the members of the Board present at ameeting convened for the purpose shall elect one from amongst themselves as theChairperson of the Board.

(9) The members of the Boardshall be appointed by the State Government by notification in of OfficialGazette.

15.Term of office: The members of the Board shallhold office for a term of five years.

16.Disqualification for beingappointed, or for continuing as, a member of the Board: A person shall be disqualifiedfor being appointed, or for continuing as, a member of the Board if–

(a) he is not a Muslim and isless than twenty–one years of age;

(b) he is found to be a personof unsound mind;

(d) he has been convicted of anoffence involving moral turpitude and such conviction has not been reversed orhe has not been granted full pardon in respect of such offence;

(e) he has been on a previousoccasion–

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

(ii) removed by an order of acompetent court tribunal from any position of trust either for mismanagement orfor corruption.

17.Meetings of the Board: (1) The Board shall meet forthe transaction of business at such time and places as may be provided byregulations.

(2) The Chairperson, of in hisabsence, any member chosen by the members from amongst themselves shall presideat a meeting of the Board.

(3) Subject to the provisionsof this Act, all questions which come before any meeting of the Board shall bedecided by a majority of votes of the members present, and in the case ofequality of votes, the Chairperson or, in his absence, any other personpresiding shall have a second or casting vote.

18.Committees of the Board:(1) The Board may, whenever itconsiders necessary, establish either generally or for a particular purpose orfor any specified area or areas committees for the supervision of wakfs.

(2) The constitution, functionsand duties and the term of office of such committees shall be determined fromtime to time by the Board;

Provided that it shall not benecessary for the members of such committees to be members of the Board.

19.Resignation of Chairpersonand members: TheChairperson or any other member may resign his office by writing under his handaddressed to the State Government:

Provided that the Chairpersonor the member shall continue in office until the appointment of his successoris notified in the Official Gazette.

20.Removal of Chairperson andmember:(1) The State Government may,by notification in the Official Gazette, remove the Chairperson of the Board orany member thereof if he–

(a) is or becomes subject toany disqualifications specified in section 16; or

(b) refuses to act or isincapable of acting or acts in a manner which the State Government, afterhearing any explanation that he may offer, considers to be prejudicial to theinterests of the wakfs; or

(2) Where the Chairperson ofthe Board is removed under sub–section (1), he shall also cease to be amember of the Board.

21.Filling of a vacancy: When the seat of memberbecomes vacant by his removal, resignation, death or otherwise, a new membershall be appointed in his place and such member shall hold office so long asthe member whose place he fills would have been entitled to hold office, ifsuch vacancy had not occurred.

22.Vacancies etc., not toinvalidate proceedings of the Board: No act or proceeding of the Board shall be invalidby reason only of the existence of any vacancy amongst its members or anydefect in the constitution thereof.

23.Appointment of ChiefExecutive Officer and his term of office and other conditions of service:(1) There shall be ChiefExecutive Officer of the Board who shall be a Muslim and shall be appointed bythe State Government, in consultation with the Board, by notification in theOfficial Gazette.

(2) The term of office andother conditions of service of the chief Executive Officer shall be such as maybe prescribed.

(3) The Chief Executive Officershall be ex officio Secretary of the Board and shall be under theadministrative control of the Board.

24.Officers and other employeesof the Board:(1) TheBoard shall have the assistance of such number of officers and other employeesas may be necessary for the efficient performance of its functions under thisAct, details thereof shall be determined by the Board in consultation with theState Government.

(2) The appointment of officersand other employees, their term of office and conditions of service shall besuch as may be provided by regulations.

25.Duties and powers of ChiefExecutive Officer:(1) Subject to the provisions of this Act and of the rules madethereunder and the directions of the Board, functions of the chief ExecutiveOfficer shall include–

(a) investigating the natureand extent of wakfs and wakf properties and calling whenever necessary, aninventory of wakf properties and calling, from time to time for accounts,returns and information from mutawallis;

(b) inspecting or causing inspectionof wakf properties and account, records, deeds or documents relating thereto;

(2) In exercising the powers ofgiving directions under sub–section (1) in respect of any wakf, theBoard shall act in conformity with the directions by the wakf in the deed ofthe wakf, the purpose of wakf and such usage and customs of the wakf as aresanctioned by the school of Muslim law to which the wakf belongs.

(3) Save as otherwise expresslyprovided in this Act, the chief Executive Officer shall exercise such powersand perform such duties as may be assigned to him or delegated to him underthis Act.

26.Powers of Chief Executiveofficer in respect of orders or resolutions of Board: Where the Chief ExecutiveOfficer considers that an order or resolution passed by the Board–

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

(b) is in excess of or is anabuse of the powers conferred on the Board by or under this Act or by any otherlaw; or

(i) cause financial loss to theBoard or to the concerned wakf or to the wakfs generally; or

(ii) lead to a riot or reach ofpeace; or

(iii) cause danger to humanlife, health or safety; or

(d) is not beneficial to theBoard or to any wakf or to wakfs generally,

he may, before implementingsuch order or resolution place the matter before the Board for itsreconsideration and, if such order or resolution is not confirmed by a majorityof vote of the members present and voting after such reconsideration, refer thematter to the State Government along with his objections to the order orresolution, and the decision of the State Government thereon shall be final.

27.Delegation of powers by theBoard: The Board may, by a general orspecial order in writing, delegate to the Chairperson, any other members, thesecretary 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 saidorder, such of its powers and duties under this Act, as it may deem necessary.

28.Chief Executive Officer toexercise powers through Collectors, etc:(1) Subject to the provisions of this Act and of therules made thereunder, the Chief Executive officer may exercise all or any ofthe powers conferred on him by or under this Act with the previous approval ofthe board through the commissioner of the division or the Collector of thedistrict in which the concerned wakf property is situated or through any otherGazetted Officer whom he may appoint for such purpose and may, from time totime, delegate any of his powers to any such Commissioner of the divisions orCollector or any other Gazetted Officer and may, at any time revoke the delegationsso made by him.

(2) Where any delegation ofpowers is made by the chief Executive Officer under sub–section (1), theperson to whom such delegation is made may exercise those powers in the samemanner and to the same extent as if they have been conferred on him directly bythis Act and not by way of delegation.

29.Powers of Chief ExecutiveOfficer to inspect records, registers, etc.: The Chief Executive Officer or any officer of theBoard duly authorised by him in this behalf shall, subject to such conditionsand restrictions as may be prescribed and subject to the payment of such feesas may be leviable under any law for the time being in force, be entitled atthe reasonable time to inspect, in any public office, any records, registers orother documents relating to a wakf or movable or immovable properties which arewakf properties or are claimed to be wakf properties.

30.Inspection of records:(1) The Board may allowinspection of its proceedings or other records in its custody and issue copiesof the same on payment of such fees and subject to such conditions as may beprescribed.

(2) All copies issued underthis section shall be certified by the Chief Executive Officer of the Board inthe manner provided in section 76 of the Indian Evidence Act, 1872.(1 of 1872)

(3) The powers conferred on theChief Executive Officer by sub–section (2) may be exercised by suchother officer or officers of the Board as may either generally or specially beauthorise in this behalf by the Board.

31.Prevention ofdisqualification for membership on Parliament: It is hereby declared that the office of theChairperson or members of a Board shall not be disqualified and shall be deemednever to have been disqualified for being chosen as, or being, a Member ofParliament.

32.Powers and function of theBoard:(1) Subject to any rules thatmay be made under this Act, the general superintendence of all wakfs in a Stateshall best in the Board established or the State; and it shall be the duty ofthe Board so to exercise its powers under this Act as to ensure that the wakfsunder its superintendence are property maintained, controlled and administeredand the income thereof is duly applied to the objects and for the purposes forwhich such wakfs were created or intended:

Provided that in exercising itspowers under this Act in respect of any wakf, the Board shall act in conformitywith the directions of the wakf, the purposes of the wakf and any usage orcustom of the wakf sanctioned by the school of Muslim law to which the wakfbelongs.

Explanation: For theremoval of doubts, it is hereby declared that in this sub–section,"wakf" includes a wakf in relation to which any scheme has been madeby any court of law, whether before or after the commencement of this Act.

(2) Without prejudice to thegenerality of the foregoing power, the functions of the Board shall be–

(a) to maintain a recordcontaining information relating to the origin, income, object and beneficiariesof every wakf;

(b) to ensure that the incomeand other property of wakfs are applied to the objects and for the purposes forwhich such wakfs were intended or created;

(d) to settle schemes ofmanagement for a wakfs;

Provided that no suchsettlement shall be made without giving the parties affected an opportunity ofbeing heard;

(e) to direct–

(i) the utilisation of thesurplus income of a wakf consistent with the objects of a wakf;

(ii) in what manner the incomeof a wakf, the objects of which are not evidence from any written instrument,shall be utilized,

(iii) in any case where anyobject of wakf has ceased to exist or has become incapable of achievement, thatso much of the income of the wakf as was previously applied to that objectshall be applied to any other object, which shall be similar, or nearly similaror to the original object or for the benefit of the poor or for the purpose ofpromotion of knowledge and learning in the Muslim community:

Provided that no directionshall be given under this clause without giving the parties affected anopportunity of being heard.

Explanation: For thepurpose of this clauses, the powers of the Board shall be exercised–

(i) in the case of a Sunniwakf, by the Sunni members of the Board only; and

(ii) in the case of a Shiawakf, by the Shia members of the Board only:

Provided that where havingregard to the number of the Sunni or Shia members in the Board and othercircumstances, it appears to the Board that the power should not e exercised bysuch members only, it may co–opt such other Muslims being Sunnis orShias, as the case may be, as it thinks fit, to be temporary members of theBoard for exercising its powers under this clause;

(f) to scrutinise and approvethe budgeis submitted by mutawallis and to arrange for the auditing of accountof wakfs;

(g) to appoint and approve andremove mutawats in accordance with the provisions of this Act;

(h) to take measures for therecovery of lost properties of any wakf;

(i) to institute and defendsuits and proceedings relating to wakfs;

(j) to sanction any transfer ofimmovable 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 sanctionshall be given unless at least two–thirds of the members of the Boardvote in favour of such transaction;

(k) to administer the WakfFund;

(l) to call for such returns,statistics, accounts and other information from the mutawallis with respect tothe wakf property as the Board may, from time to time, require;

(m) to inspect, or causeinspection of, wakf properties, accounts, records or deeds and documentsrelating thereto;

(n) to investigate anddetermine the nature and extent of wakf and wakf property, and to cause,whenever necessary, a survey of such wakf property;

(o) generally do all such actsas may be necessary for the control, maintenance and administration of wakfs.

(3) Where the Board has settledany 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 bysuch settlement or direction may institute a suit in a Tribunal for settingaside such settlement or directions and the decision of the Tribunal thereonshall be final.

(4) Where the Board issatisfied that any wakf land, which is a wakf property, offers a feasiblepotential for development as a shopping centre, market, housing flats and thelike, it may serve upon the mutawalli of the concerned wakf a notice requiringhim within such time, but not less than sixty days, as may be specified in thenotice, to convey its decision whether h is willing to execute the developmentworks specified in the notice.

(5) On consideration of thereply, if any, received to the notice issued under sub–section (4), theBoard, if it is satisfied that the mutawalli is not willing or is not capableof executing the works required to be executed in terms of the notice, it may,with the prior approval of the Government, take over the property, clear if ofany building or structure thereon, which, in the opinion of the Board isnecessary for execution of the works and execute such works from Wakf funds orfrom the finances which may be raised on the security of the properties of thewakf concerned, and control and manage the properties till such time as allexpenses incurred by the Board under this section, together with interestthereon, the expenditure on maintenance of such works and other legitimatechanges incurred on the property are recovered from the income derived from theproperty:

Provided that the Board shallcompensate annually the mutawalli of the concerned wakf to the extent of theaverage annual net income derived from the property during the three yearsimmediately preceding the taking over of the property by the Board.

(6) After all the expenses asenumerated in sub–section (5) have been recouped from the income of thedeveloped properties, the developed properties shall be handed over tomutawalli of the concerned wakf.

33.Powers of inspection byChief Executive Officer of persons authorised by him:(1) With a view to examiningwhether, by reason of any failure or negligence on the part of a mutawalli inthe performance of his executive or administrative duties, any loss or damagehas been caused to any wakf or wakf property, the Chief Executive Officer withthe prior approval of the Board, either himself or any other person authorisedby him in writing in this behalf, may inspect all movable and immovableproperties, which are wakf properties, and all records, correspondences, plans,accounts and other documents relating thereto.

(2) Whenever any suchinspection as referred to in sub–section (1) is made, the concernedmutawalli and all officers, and other employees working under him and everyperson connected with the administration of the wakf shall extend to the personmaking such inspection, all such assistance and facilities as may be necessaryand reasonably required by him to carry out such inspection, and shall alsoproduce for inspection any movable property or documents relating to the wakfas may be called for by the person making the inspection and furnish to himsuch information relating to the wakf as may be required by him.

(3) Where, after any suchinspection, it appears that the concerned mutawalli or any officer or otheremployee who is or was working under him has mis–appropriated,misapplied or fraudulently retained, any money or other wakf property, or hadincurred irregular, unauthorised or improper expenditure from the funds of thewakf, the chief Executive Officer may, after giving the mutawalli or the personconcerned a reasonable opportunity of showing cause why an order for therecovery of the amount or property, should not be passed against him and afterconsidering such explanation, if any, as such person may furnish, determine theamount or the property, which has been mis–appropriated, misapplied orfraudulently retained, or the amount of the irregular, unauthorised or improperexpenditure incurred by such person, and make an order directing such person tomake payment of the amount so determined and to restore the said property tothe wakf, within such time as maybe specified in the order.

(4) A mutawalli or other personaggrieved by such order may, within thirty days of the receipt by him of theorder, appeal to the Tribunal:

Provided that no such appealshall be entertained by the Tribunal unless the appellant first deposits withthe Chief Executive Officer the amount which has been determined under sub–section(3) as being payable by the appellant and the Tribunal shall have no power tomake any order staying pending the disposal of the appeal, the operation of theorder made by the Chief Executive Officer under sub–section (3).

(5) The Tribunal may, after takingsuch evidence as it may think fit, confirm, reverse or modify the order made bythe chief Executive Officer under sub–section (3) or may remit, eitherin whole or in part, the amount specified in such order nay may make suchorders as to costs as it may think appropriate in the circumstances of thecase.

(6) The order made by theTribunal under sub–section (5) shall be final.

34.Recovery of the amountdetermined under section 33:Where any mutawalli or other person who has been ordered, whetherunder sub–section (3) or sub–section (5) of section 33, to makeany payment or to restore the possession of any property, omits or fails tomake such payment or restoration within the time specified in such order, theChief Executive officer, with the prior approval of the Board shall, take suchsteps as he may think fit for the recovery of possession of the propertyaforesaid and shall also send a certificate to the Collector of the district inwhich the property of such mutawalli or other person is situate, statingtherein the amount that has been determined by him or by the Tribunal, as thecase may be, under section 33, as being payable by such mutawalli or otherperson, and, thereupon, the Collector shall recover the amount specified insuch certificate as if it were an arrear of land revenue and on the recovery ofsuch amount, pay the same to the Chief Executive Officer, who shall, on receiptthereof, credit the amount to the funds of the concerned wakf.

35.Conditional attachment byTribunal:(1) Where the Chief ExecutiveOfficer is satisfied that the mutawalli or any other person who has beenordered under sub–section (3) or sub–section (5) of section 33 tomake any payment, with intent to defeat or delay the execution of the saidorder, –

(a) is about to dispose of thewhole or any part of his property; or

(b) is about to remove thewhole or any part of his property from the jurisdiction of this Chief ExecutiveOfficer,

he may, with the prior approvalof the Board, apply to the Tribunal for the conditional attachment of the saidproperty or such part thereof, as he may think necessary.

(2) The Chief Executive Officershall, unless the Tribunal otherwise directs, specify in the application theproperty required to be attached and the estimated value thereof.

(3) The Tribunal may direct themutawalli or the person concerned, as the case may be, within a time to befixed by it, either to furnish security, in such sum as may be specified in theorder, to produce and place at the disposal of the Tribunal when required, thesaid property or the value of the same or such portion thereof as may besufficient to satisfy the amount specified in the certificate referred to insection, 34, or to appear and show cause why he should not furnish suchsecurity.

(4) The Tribunal may also inthe order direct the conditional attachment of the whole or any portion of theproperty so specified.

(5) Every attachment made underthis section shall be made in accordance with the provisions of the code ofCivil Procedure, 1908, (5 of 1908) as if it were an order for attachment madeunder the provisions of the said Code.

CHAPTER V

REGISTRATION OF WAKFS

36.Registration:(1) Every wakf, whether createdbefore or after the commencement of this Act, shall be registered at the officeof the Board.

(2) Application forregistration shall be made by the mutawalli;

Provided that such applicationsmay be made by the wakf or his descendants or a beneficiary of the wakf or any

Muslim belonging to the sect towhich the wakf belongs.

(3) An application forregistration shall be made in such form and manner and at such place as theBoard may by regulation provide and shall contain following particulars: –

(a) a description of the wakfproperties sufficient for the identification thereof:

(b) the gross annual incomeform such properties;

(d) an estimate of the expenseannually incurred in the realisation of the income of the wakf properties;

(e) the amount set apart underthe wakf for –

(i) the salary of the mutawalliand allowances to the individuals;

(ii) purely religious purposes;

(iii) charitable purposes; and

(f) any other particularsprovided by the Board by regulations.

(4) Every such applicationshall be accompanied by a copy of the wakf deed or if no such deed has beenexecuted or a copy there of cannot be obtained, shall contain full particulars,as far as they are known to the applicant, of the origin, nature and objects ofthe wakf.

(5) Every application madeunder sub–section (2) shall be signed and verified by the applicant inthe manner provided in the Code of Civil Procedure, 1908(5 of 1908) for thesigning and verification of pleading.

(6) The Board may require theapplicant to supply any further particulars or information that it may considernecessary.

(7) On receipt of anapplication for registration, the Board may, before the registration of thewakf make such inquiries as it thinks fit in respect of the genuineness andvalidity of the application and correctness of any particulars therein and whenthe application is made by any person other than the person administering thewakf property, the Board shall, before registering the wakf, give notice of theapplication to the person administering the wakf property and shall hear him ifhe desires to be heard.

(8) In the case of wakfscreated before the commencement of this Act, every application for registrationshall be made, within three months from such commencement and in the case ofwakfs created after such commencement, within three months from the date of thecreation of the wakf;

Provided that where there is noboard at the time of creation of a wakf, such application will be made withinthree months from the date of establishment of Board.

37. The Board shall maintain aregister of wakfs which shall contain in respect of each wakf copies of thewakf deeds, when available and the following particulars, namely: –

(a) the class of the wakf;

(b) the name of the mutawalli;

(d) particulars of all wakfproperties and all title deeds and documents relating thereto;

(e) particulars of the schemeof administration and the scheme of expenditure at the time of registration;

(f) such other particulars asmay be provided by regulations.

38. (1) Notwithstanding anythingcontained in this Act, the Board may, if it is of the opinion that it isnecessary so to do in the interests of the wakf, appoint on whole–timeor part–time basis or in an honorary capacity, subject to suchconditions as may be provided by regulations, an Executive Officer with suchsupporting staff as it considers necessary for any wakf having a gross annualincome of not less than five lakhs rupees:

Provided that the personschosen for appointment should be a person professing Islam.

(2) Every Executive Officerappointed under sub–section 91) shall exercise such powers and dischargesuch duties as pertain only to the administration of the property of the wakffor which he has been appointed and shall exercise those powers and dischargethose duties under the directions, control and supervisions of the Board.

Provided that the ExecutiveOfficer who is appointed for a wakf having a gross annual income of not lessthan 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 ofaccounts are submitted within such time as the Board may specify.

(3) While exercising his powersand discharging his functions under sub–section (2), the ExecutiveOfficer shall not interfere with any religious duties or any usage or custom ofthe wakf sanctioned by the Muslim law.

(4) The salaries and allowancesof the Executive Officer and his staff shall be fixed by the Board and infixing the quantum of such salary the Board shall have due regard to the incomeof the wakf, the extent and nature of the duties of the Executive Officer andshall also ensure that the amounts of such salaries and allowances are notdisproportionate to the income of the wakf and do not operate as an unnecessaryfinancial burden on it.

(5) The salaries and allowancesof the Executive Officer and his staff shall be paid by the Board from the WakfFund and, if the wakf generates any additional income as a result ofappointment of the Executive Officer, the Board may claim reimbursement ofamounts spend on the salaries and allowances from the fund of the wakf concerned.

(6) The Board may, forsufficient reasons, and after giving to the Executive Officer or a member ofhis staff, a reasonable opportunity of being heard, suspend, remove or dismissthe Executive Officer or a member of his staff from his post.

(7) Any Executive Officer or amember of his staff who is aggrieved by any order of removal or dismissal madeunder sub–section (6) may, within thirty days from the date ofcommunication of the order, prefer an appeal against the order to the Tribunaland the Tribunal may, after considering such representation as the Board maymake in the matter, and after giving a reasonable opportunity to the ExecutiveOfficer or a member of his staff of being heard, confirm, modify or reverse theorder.

39.Power of Board in relationto wakf which have ceased to exist:(1) The Board shall, if it is satisfied that theobjects or any part thereof, of a wakf have ceased to exist, whether suchcesser took place before or after the commencement of this Act, cause aninquiry to be held by the Chief Executive Officer, in the prescribed manner toascertain the properties and funds pertaining to such wakf.

(2) On the receipt of thereport of inquiry of the Chief Executive Officer, the Board shall pass an order–

(a) specifying the property andfunds of such wakf;

(b) directing that any propertyor funds pertaining to such wakf which have been recovered shall be applied orutilised for the renovation of any wakf property and where there is no need formaking any such renovation or where utilisation of the funds for suchrenovation is not possible, be appropriated, to any of the purposes specific insub–clause (iii) of clause (e) of sub–section (2) of section 32

(3) The Board may, if it hasreason to believe that any building or other place which was being used forreligious purpose or instruction or for charity has, whether before or afterthe commencement of this Act, ceased to be used for that purpose, make anapplication to the Tribunal for an order directing the recovery of possessionof such building or other place.

(4) The Tribunal may, if it issatisfied, after making such inquiry as it may think fit, that such building orother place–

(a) is wakf property;

(b) has not been acquired underany law for the time being in force relating to acquisition of land or is notunder any process of acquisition under any such law, or has not vested in theState Government under any law for the time being in force relating to landreforms; and

(c) is not in the occupation ofany person who has been authorised by or under any law for the time being inforce to occupy such building or other place, make an order–

(i) directing the recovery ofsuch building or place from any person who may be in unauthorised possessionthereof, and

(ii) directing that suchproperty, building or place be used for religious purpose or instruction asbefore, or if such use is not possible, be utilised for any purpose specifiedin sub–clause (iii) of clause (e) of sub–section (2) of section32.

40.Decision if a property iswakf property: (1) TheBoard may itself collect information regarding any property which it has reasonto believe to be wakf property and if any question arises whether a particularproperty is wakf property or not or whether a wakf is a Sunni wakf or a Shiawakf it may, after making such inquiry as it may deem fit, decide the question.

(2) The decision of the Boardon a question under sub–section (1) shall, unless revoked or modified bythe Tribunal, be final,.

(3) Where the Board has anyreason to believe that any property of any trust or society registered inpursuance of the Indian Trusts Act, 1882(2 of 1882) or under the SocietiesRegistration act, 1860(21 of 1860) or under any other Act, is wakf property,the Board may notwithstanding anything contained in such Act, hold an inquiryin regard to such property

and if after such inquiry theBoard is satisfied that such property is wakf property, call upon the trust orsociety, as the case may be, either to register such property under this act aswakf property or show cause why such property should not be so registered;

Provided that in all such case,notice of the action proposed to be taken under this sub–section shallbe given to the authority by whom the trust or society had been registered.

(4) The Board shall, after dulyconsidering 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 registrationof wakf and to amend register: The Board may direct a mutawalli to apply for the registration ofa wakf, or to supply any information regarding a wakf or may itself cause thewakf to be registered or may at any time amend the register of wakfs.

42.Change in the management ofwakfs to be notified:(1) In the case of any change in the management of a registeredwakf due to the death or retirement or removal of the mutawalli, the incomingmutawalli shall forthwith, and any other person may notify the change to theBoard.

(2) In the case of any otherchange in any of the particulars mentioned in section 36, the mutawalli shall,within three months from the occurrence of the change, notify such change tothe Board.

43.Wakfs registered before thecommencement 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, underany law for the time being in force, it shall not be necessary to register thewakf under the provisions of this Act and any such registration made beforesuch commencement shall be deemed to be a registration made under this Act.

CHAPTER VI

MAINTENANCE OF ACCOUNTS OF WAKFS

44.Budget:(1) Every mutawalli of a wakfshall, in every year prepare, in such form and at such time as may beprescribed, a budget in respect of the financial year next ensuring showing theestimated receipts and expenditure during that financial year.

(2) Every such budget shall be submittedby the mutawalli at least ninety days before the beginning of the financialyear to the Board and shall make adequate provision for the following: –

(i) for carrying out theobjects of the wakf;

(ii) for the maintenance andpreservation of the wakf property;

(iii) for the discharge of allliabilities and subsisting commitments binding on the wakf under this Act orany other law for the time being in force.

(3) The Board may give suchdirections for making alterations, omission or additions in the budget as itmay deem fit, consistent with the objects of the wakf and the provisions ofthis Act.

(4) If in the course of thefinancial year the mutawalli finds it necessary to modify the provisions madein the budget in regard to the receipt or to the distribution of the amounts tobe expended under the different heads, he may submit to the Board asupplementary 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 ofwakfs under direct management of the Board:(1) The Chief Executive Officer shall prepare, insuch form and at such time as may be prescribed, a budget in respect of thefinancial year next ensuing showing the estimated receipts and expenditure foreach of the wakfs under the direct management of the Board, showing therein theestimated receipts and expenditure and submit it to the Board for its approval.

(2) While submitting the budgetunder sub–section (1), the chief Executive Officer shall also preparestatement giving details of the increase, if any, in the income of each wakfunder the direct management of the Board and the steps which have been takenfor its better management and the results accruing therefrom during the year.

(3) The Chief Executive Officershall keep regular accounts and be responsible for the proper management ofevery

wakf under the directmanagement of the Board.

(4) Every budget submitted bythe Chief Executive Officer under sub–section (1) shall comply with therequirements of section 46 and, for this purpose, references therein to themutawalli of the wakf shall be construed as preferences to the Chief ExecutiveOfficer.

(5) The audit of accounts ofevery wakf under the direct management of the Board shall be undertaken by theState Examiner of Local Funds or any other officer appointed by the StateGovernment for this purpose, irrespective of the income of the wakf.

(6) The provisions of sub–section(2) and (3) of section 47 and the provision of section 48 and 49 shall, in sofar as they are not inconsistent with the provisions of this section, apply tothe audit of accounts referred to in this section.

(7) Where any wakf is under thedirect management of the Board. such administrative charges as may be specifiedby the Chief Executive Officer shall be payable by the wakf to the Board:

Provided that the ChiefExecutive Officer shall not collect more than tempercent, of the gross annualincome of the wakf under the direct management of the Board as administrativecharges.

46.Submission of accounts ofwakfs:(1) Every mutawalli shall keepregular accounts.

(2) Before the 1st day of Maynext, following the date on which the application referred to in section 36 hasbeen made and thereafter before the 1st day of May in every year, everymutawalli of a wakf shall prepare and furnish to the Board a full and truestatement of accounts, in such form and containing such particulars as may beprovided by regulations by the Board, of all moneys received or expended by themutawalli on behalf of the wakf during the period of twelve months ending onthe 31st day of March, or, as the case may be, during that portion of the saidperiod during which the provisions of this Act, have been applicable to thewakf.

Provided that the date on whichthe annual accounts are to be closed may be varied at the discretion of theBoard.

47.Audit of accounts of wakfs: (1) The accounts of wakfssubmitted to the Board under section 46 shall be audited and examined in thefollowing manner, namely: –

(a) in the case of a wakfhaving no income or a net annual income not exceeding ten thousand rupees, thesubmission of a statement of accounts shall be a sufficient compliance with theprovisions of section 46 and the accounts of two percent, of such wakfs shallbe audited annually by an auditor appointed by the Board;

(b) the accounts of the wakfhaving net annual income exceeding ten thousand rupees shall be auditedannually, or at such other intervals as may be prescribed, by an auditor appointedby the board from out of the panel of auditors prepared by the State Governmentand while drawing up such panel of auditors, the State Government shall specifythe scale or remuneration of auditors;

(c) the State Government may,at any time cause the account of any wakf audited by the State Examiner ofLocal Funds or by any other officer designated for that purpose by that StateGovernment;

(2) The auditor shall submithis report to the Board and the report of the auditor shall among other things,specify all cases of irregular, illegal or improper expenditure or of failureto recover money or other property caused by neglect or misconduct and anyother matter which the auditor considers it necessary to report; and the reportshall 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 everysuch case certify the amount of such expenditure or loss as due from suchperson.

(3) The cost of the audit ofthe accounts of a wakf shall be met from the funds of that wakf;

Provided that the remunerationof the auditors appointed from out of the panel drawn by the State Governmentin relation to wakfs having a net annual income of more than ten thousandrupees but less than fifteen thousand rupees shall be paid in accordance withthe scale of remuneration specified by the State Government under clause (c)sub–section (1):

Provided further that where theaudit of the accounts of any wakf is made by the State Examiner of Local Fundsor any other officer designated by the State Government in this behalf, thecost of such audit shall not exceed one and a half percent, of the net annualincome of such wakf and such costs shall be net from the funds of the wakfsconcerned.

48.Board to pass orders onauditors report:(1) TheBoard shall examine the auditor’s report, and may call for the explanation ofany person in regard to any matter mentioned therein, and shall pass suchorders as it thinks fit including orders for the recovery of the amountcertified by the auditor under sub–section (2) of section 47.

(2) The mutawalli or any otherperson aggrieved by any order made by the Board may, within thirty days of thereceipt by him of the order, apply to the Tribunal to modify or set aside theorder and the Tribunal may, after taking such evidence as it may thinknecessary, confirm or modify the order or remit the amount so certified, eitherin whole or in part, and may also make such order as to costs as it may thinkappropriate in the circumstances of the case.

(3) No application made undersub–section (2) shall be entertained by the Tribunal unless the amountcertified by the auditor under sub–section (2) of section 47 has firstbeen deposited in the Tribunal and the Tribunal shall not have any power tostay the operation of the order made by the Board under sub–section (1).

(4) The order made by theTribunal under sub–section (2) shall be final.

(5) Every amount for therecovery 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 mannerspecified in section 34 or section 35 as if the said order were an order forthe recovery of any amount determined under sub–section (3) of section35.

49.Sums certified to be duerecoverable as arrears of land revenue:(1) Every sum certified to due from any person by anauditor in his report under section 47 unless such certificate is modified orcancelled 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 withinsixty days after the service of a demand for the same issued by the Board.

(2) If such payment is not madein accordance with the provisions of sub–section (1), the sum payablemay, on a certificate issued by the Board after giving the person concerned anopportunity of being heard, be recovered in the same manner as an arrear ofland revenue.

50.Duties of mutawalli: It shall be the duty of everymutawalli–

(a) to carry out the directionsof the Board in accordance with the provisions of this Act or of any rule ororder made thereunder;

(b) to furnish such returns andsupply such information or particulars as may from time to time be required by

the Board in accordance withthe provisions of this Act or of any rule or order made thereunder;

(d) to discharge all publicdues; and

(e) to do any other act whichhe is lawfully required to do by or under this Act.

51.Alienation of wakf propertywithout sanction of Board to be void:(1) Notwithstanding anything contained in the wakfdeed, any gift, sale or exchange mortgage of any immovable property which iswakf property, shall be void unless such gift, sale, exchange or mortgage iseffected with the prior sanction of the Board:

Provided that no mosque, dargahor khangah shall be gifted, sold, exchanged or mortgaged except in accordancewith any law for the time being in force.

(2) The Board may, afterpublishing in the Official Gazette, the particulars relating to the transactionreferred to in sub–section (1) and inviting any objections andsuggestions with respect thereto and considering all objections and suggestions,if any, that may be received by it from the concerned mutawalli or any otherperson interested in the wakf, accord sanction to such transaction if it is ofopinion that such transaction is–

(i) necessary or beneficial tothe wakf;

(ii) consistent with theobjects or the wakf;

(iii) the consideration thereofis reasonable and adequate;

Provided that the sale of anyproperty sanctioned by the Board shall be effected by public auction and shallbe subject to confirmation by the Board within such time as may be prescribed:

Provided further that theTribunal 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 madeotherwise than by public auction, if it is of opinion that it is necessary soto do in the interest of the wakf.

(3) The utilisation orinvestment of the amount realised by the sale or exchange mortgage of anyproperty 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, themutawalli or other person shall make repayment of the mortgage–debt andobtain a discharge of the mortgage–debt from the mortgage within suchreasonable time as the Board may specify.

(4) Every approval given by theBoard under sub–section (3) shall be communicated to the mutawalli andshall also be published in the manner prescribed.

(5) The mutawalli or any otherperson having an interest in the wakf who is aggrieved by the decision givenunder sub–section (3), may, within ninety days from the date ofcommunication to him of such decision or the publication of the decision, asthe case may be, prefer an appeal to the Tribunal against such decisions, and,thereupon, the Tribunal may, after giving the appellant and the Board, areasonable opportunity of being heard, confirm, modify or set aside suchdecision.

52.Recovery of wakf propertytransferred in contravention of section 51:(1) If the Board is satisfied, after making anyinquiry in such manner as may be prescribed, that any immovable property of awakf entered as such in the register of wakf maintained under section 36, hasbeen transferred without the previous sanction of the Board in contravention ofthe provisions of section 51, it may send a requisition to the Collector withinwhose jurisdiction the property is situate to obtain and deliver possession ofthe property to it.

(2) On receipt of a requisitionunder sub–section (1), the Collector shall pass an order directing theperson in possession of the property to deliver the property to the Boardwithin a period of thirty days from the date of the service of the order.

(3) Every order passed undersub–section (2) shall be served–

(a) by giving or tendering theorder, or by sending it by post to the person for whom it is intended; or

(b) if such person cannot befound, by affixing the order on some conspicuous part of his last known placeof abode or business, or by giving or tendering the order to some adult malemember or servant of his family or by causing it to be affixed on someconspicuous part of the property to which it relates:

Provided that where the personon whom the order is to be served, is a minor, service upon this guardian orupon any adult male member or servant of his family shall be deemed to be theservice upon the minor.

(4) Any person aggrieved by theorder of the Collector under sub–section (2) may, within a period ofthirty days from the date of the service of the order, prefer an appeal to theTribunal within whose jurisdiction the property is situate and the decisions ofthe Tribunal on such appeal shall be final.

(5) Where an order passed undersub–section (2) has not been complied with and the time for appealingagainst such order has expired without an appeal having been preferred or theappeal, if any, preferred within that time has been dismissed, the Collectorshall obtain possession of the property in respect of which the order has beenmade, using such force, if any, as may be necessary for the purpose and deliverit to the Board.

(6) In exercising his functionsunder this section the Collector shall be guided by such rules as may beprovided by regulations.

53.Restriction on purchase ofproperty on behalf of wakf: Notwithstanding anything contained in a wakf deed, no immovableproperty shall be purchased for or on behalf of any wakf from the funds of anywakf except with the prior sanction of the Board, and the Board shall notaccord such sanction unless it considers that the acquisitions of such propertyis necessary or beneficial to the wakf and that the price proposed to the paidtherefor is adequate and reasonable:

Provided that before suchsanction is accorded, the particulars relating to the proposed transactionshall be published in the Official Gazette inviting objections and suggestionswith respect thereto and, the Board shall, after considering the objections andsuggestions that may be received by it from mutawalli or other personsinterested in the wakf, make such order as it may think fit.

54.Removal of encroachment fromwakf property:(1)Whenever the Chief Executive Officer considers whether on receiving anycomplaint 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 beenregistered as such under this Act, he shall cause to be served upon theencroacher a notice specifying the particulars of the encroachment and callingupon him to show cause before a date to be specified in such notice, as to whyan order requiring him to remove the encroachment before the date so specifiedshould not be made and shall also send a copy of such notice to the concernedmutawalli.

(2) The notice referred to insub–section (1) shall be served in such manner as may be prescribed.

(3) If , after considering theobjections, received during the period specified in the notice, and afterconducting an inquiry in such manner as may be prescribed, the Chief ExecutiveOfficer is satisfied that the property in question is wakf property and thatthere has been an encroachment on any such wakf property, he may, by an order,require the encroacher to remove such encroachment and deliver possession ofthe land, building, space or other property encroached upon to the mutawalli ofthe wakf.

(4) Nothing contained in sub–section(3) shall prevent any person aggrieved by the order made by the Chief ExecutiveOfficer under that sub–section from instituting a suit in a Tribunal toestablish that he has right, title or interest in the land, building, space orother property:

Provided that no such suitshall be instituted by a person who has been let into possession of the land,building, space or other property as a lessee, licensee or mortgage by themutawalli of the wakf or by any other person authorised by him in this behalf.

55.Enforcement of orders madeunder section 54:Where the person, ordered under sub–section (3) of section54 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 vacatethe land, building, space or other property to which the orders relates, withinthe time aforesaid, the Chief Executive Officer may apply to the Sub–divisionalmagistrate 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 theencroachment, or, as the case may be, vacate the land, building, space or otherproperty and to deliver possession thereof to the concerned mutawalli and indefault of compliance with the order, remove the encroachment or, as the casemay be, evict the encroacher from the land, building, space or other propertyand may, for this purpose, take such police assistance as may be necessary.

56.Restriction on power togrant lease of wakf property:(1) A lease or sub–lease for any period exceeding threeyears of any immovable property which is wakf property shall, notwithstandinganything contained in the deed or instrument of wakf or in any other law forthe time being in force, be void and of no effect.

(2) A lease or sub–leasefor a period exceeding one year and not exceeding three years of immovableproperty which is wakf property shall, not withstanding anything contained inthe deed or instrument or 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 theBoard.

(3) The Board shall, ingranting sanction for lease or sub–lease or renewal thereof under thissection review the terms and conditions on which the lease or sub lease isproposed to be granted or renewed and make its approval subject to the revisionof such terms and conditions in such manner as it may direct.

57.Mutawalli entitled to paycertain costs from income of wakf property: Notwithstanding anything contained in the wakfdeed, every mutawalli may pay from the income of the wakf property any expensesproperly incurred by him for the purpose of enabling him to furnish anyparticulars, documents or copies under section 36 or any accounts under section46 or any information or documents required by the Board or for the purpose ofenabling him to carry out the directions of the Board.

58.Power of Board to pay duesin 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 Boardmay discharge dues from the Wakf Fund and may recover the amount so paid from thewakf property and may also recover damages not exceeding twelve and a halfpercent of the amount so paid.

(2) Any sun of money due undersub–section (1) may, on a certificate issued by the Board after givingthe mutawalli concerned an opportunity of being heard, be recovered in the samemanner as an arrear of land revenue.

59.Creztion of reserve fund: For the purpose of makingprovisions for the payment of rent and of revenue, cess, rates and taxes due tothe Government or any local authority, for the discharge of the expenses of therepair of the wakf property and for the preservation of the wakf property, theBoard may direct the creation and maintenance, in such manner as it may thinkfit, of a reserve fund from the income of a wakf.

60.Extension of time: The Board may, if it issatisfied that it is necessary so to do, extend the time within which any actis required to be done by the mutawalli under this Act.

61.Penalties:(1) If a mutawalli fails to–

(a) apply for the registrationof a wakfs;

(b) furnish statement ofparticulars of accounts or returns as required under this Act;

(d) allow inspection of wakfproperties, accounts, records or deeds and documents relating thereto;

(e) deliver possession of anywakf property, if ordered by the Board or Tribunal;

(f) carry out the directions ofthe Board;

(g) discharge any public dues;or

(h) do any other act which heis lawfully required to do by or under this Act, he shall, unless he satisfiedthe court of the Tribunal that there was reasonable cause for his failure, bepunishable with fine which may extend to eight thousand rupees.

(2) Notwithstanding anythingcontained in sub–section (1), if–

(a) a mutawalli omits or fails,with a view to concealing the existence of a wakf, to apply for itsregistration under this Act, –

(i) in the case of a wakfcreated before the commencement of this Act, within the period specifiedtherefor in sub–section (8) of section 36;

(ii) in the case of any wakfcreated after such commencement, within three months from the date of thecreation of the wakf; or

(b) a mutawalli furnishes anystatement, return or information to the Board, which he knows or has reason tobelieve to be false, misleading, untrue or incorrect in any materialparticular.

He shall be punishable withimprisonment for a term which may extend to six months and also with fine whichmay extend to fifteen thousand rupees.

(3) No court, shall takecognizance of an offence punishable under this Act save upon compliant made bythe Board or an officer duly authorised by the Board in this behalf.

(4) No court inferior to thatof a Metropolitan Magistrate or a Judicial Magistrate of the first class shalltry any offence punishable under this Act.

(5) Notwithstanding anythingcontained in the Code of Criminal Procedure, 1973, the fine imposed under sub–section(1), when realised, shall be credited to the Wakf Fund.(2 of 1974)

(6) In every case whereoffender is convicted after the commencement of this Act, of an offencepunishable under sub–

section 91) and sentenced to afine, the court shall also impose such term imprisonment in default of paymentof the as is authorised by law for such default.

62.Mutawalli not to spend anymoney belonging to wakf for self defence: No mutawalli shall spend any money out of the fundsof the wakf, of which he is the mutawalli, for meeting any costs, charges, orexpenses which are or may be, incurred by him, in relation to any suit, appealor any other proceeding for, or incidental to, his removal from office or fortaking any disciplinary action against himself.

63.Power to appoint mutawalliin certain cases: When there is a vacancy in the office of the mutawalli of a wakfand there is no one to be appointed under the terms of deed of the wakf, orwhere the right of any person to act a mutawalli, is disputed, the Board mayappoint any person to as mutawalli for such period and on such condition as itmay think fit.

64.Removal of Mutawalli:(1) Not withstanding anythingcontained in any other law or the deed of wakf, the Board may remove amutawalli from his office if such mutawalli–

(a) has been convicted morethan once of an offence punishable under section 61; or

(b) has been convicted of anyoffence of criminal breach of trust or any other offence involving moralturpitude, and such conviction has not been reversed and he has not beengranted full pardon with respect to such offence; or

(c) is of unsound mind or issuffering from other mental or physical defect or infirmity which would renderhim unfit to perform the functions and discharge the duties of a mutawalli; or

(d) is an undischargedinsolvent; or

(e) is proved to be addicted todrinking liquor or other spirituous preparations, or is addicted to the takingof any narcotic drugs; or

(f) is employed as a paid legalpractitioner on behalf of ,or against, the wakf; or

(g) has filled withoutreasonable excuse, to maintain regular accounts for two consecutive years orhas failed to submit, in tow consecutive years, the yearly statement ofaccounts, as required by sub–section (2) of section 46; or

(h) is interested , directly orindirectly, in a subsisting lease in respect of any wakf property, or in anycontract made with, or any work being done for, the wakf or is in arrears inrespect of any sum due by him to such wakf; or

(i) continuously neglects hisduties or commits any misfeasance, malfeasance, misapplication of funds orbreach of trust in relation to the wakf or in respect of any money or otherwakf property; or

(j) willfully and persistentlydisobeys 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 orfraudulently deals with the property of the wakf.

(2) The removal of a personfrom 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 othercapacity or his right, if any, as a Sajjadanashin.

(3) No action shall be taken bythe Board under sub–section(1) unless it has held an inquiry into thematter in a prescribed manner and the decision has been taken by a majority ofnot less than two–thirds of the members of the Board.

(4) A mutawalli who isaggrieved 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 onsuch appeal shall be final.

(5) Where any inquiry under sub–section(3) is proposed, or commenced, against any mutawalli, the Board may, if it isof opinion that it is necessary so to do in the interest of the wakf, by anorder suspend such, mutawalli until the conclusion of the inquiry.

Provided that no suspension fora period exceeding ten days shall be made except after giving the mutawalli areasonable opportunity of being heard against the proposed action.

(6) Where any appeal is filedby the mutawalli to the Tribunal under sub–section (4), the Board maymake an application to the Tribunal for the appointment of a receiver to managethe wakf pending the decision of the appeal, and where such an application ismade, the Tribunal shall, notwithstanding anything contained in the Code ofCivil Procedure, 1908,(1 of 1908) appoint a suitable person as receiver tomanage the wakf and direct the receiver so appointed to ensure that thecustomary or religious right s of the mutawalli and of the wakf aresafeguarded.

(7) Where a mutawalli has beenremoved 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 orany office duly authorised in this behalf or to any person or committeeappointed to act as the mutawalli of the wakf property.

(8) A mutawalli of a wakfremoved from his office under this section shall not be eligible for re–appointmentas a mutawalli of that wakf for a period of five years from the date of suchremoval.

65.Assumption of directmanagement of certain wakfs by the Board:(1) Where no suitable person is available forappointment as a mutawalli of a wakf, or where the Board is satisfied, forreasons to be recorded by it in writing, that the filling up of the vacancy, inthe office of a mutawalli is prejudicial to the interests of the wakf, theBoard may by notification in the Official Gazette, assume direct management ofthe wakf for such period or periods, not exceeding five years in the aggregate,as may be specified in the notification.

(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 thecorrectness, legality or propriety of the notification issued by the Boardunder sub–section (1) and pass such orders as it may think fit and theorders so made by the State Government shall be final and shall be published inthe manner specified in sub–section (1).

(3) As soon as possible afterthe close of every financial year, the Board shall send to the State Governmenta detailed report in regard to every wakf under its direct management, givingtherein–

(a) the details of the incomeof the wakf for the year immediately preceding the year under report;

(b) the steps taken to improvethe management and income of the wakf;

(c) the period during which thewakf has been under the direct management of the Board and explaining thereasons as to why it has not been possible to entrust the management of the wakfto the mutawalli or any committee of management during the year; and

(d) such other matters as maybe prescribed.

(4) The State Government shallexamine the report submitted to it under sub–section (3), and after suchexamination issue directions or instructions to the Board as it may think fitand the Board shall comply with such directions or instructions on receiptthereof.

66.Powers of appointment andremoval of mutawalli when to be exercised by the State Government: Whenever a deed of wakf or anydecree or order of a court of any scheme of management of any wakf providesthat a court or any authority other than a Board may appoint or remove amutawalli or settle or modify such scheme of management or otherwise exercisesuperintendence over the wakf, then notwithstanding anything contained in suchdeed of wakf, decree, order or scheme, such powers aforesaid shall beexercisable by the State Government.

Provided that where a Board hasbeen established, the State Government shall consult the Board beforeexercising such powers.

67.Supervision and supersessionof committee of management:(1) Whenever the supervision or management of

a wakf is vested in anycommittee appointed by the wakf, then, notwithstanding anything contained inthis Act, such committee shall continue to function until it is superseded bythe Board or until the expiry of its term as may be specified by the wakf,whichever is earlier.

Provided that such committeeshall function under the direct control and supervision of the Board and abideby such directions as the Board may issue from time to time;

Provided further that if theBoard is satisfied that any scheme for the management of a wakf by a committeeis inconsistent with any provision of this Act or of any rule made thereunderor with the directions of the wakf, it may, at any time, modify the scheme insuch manner as may be necessary to bring it in conformity with the directionsof the wakf or of the provisions of this Act and the rules made thereunder.

(2) Notwithstanding anythingcontained in this Act and in the deed of the wakf, the Board may, if it issatisfied, for reasons to be recorded in writing, that a committee, referred toin sub–section (1) is not functioning properly and satisfactorily, orthat the wakf is being mismanaged and that in the interest of its propermanagement, 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 relatesto 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 forththerein the reasons for the proposed action and calling upon the Committee toshow cause within such time, not being less one month, as may be specified inthe notice, as to why such action shall not be taken.

(3) Every order made by theBoard under sub–section (2) shall be published in the prescribed mannerand on such publication shall be binding on the mutawalli and all personshaving any interest in the wakf.

(4) Any order made by the Boardunder sub–section (2)shall be final:

Provided that any personaggrieved by the order made under sub–section (2) may, within sixty daysfrom the date of the order, appeal to the Tribunal:

Provided further that theTribunal shall have no power made to suspend the operation of the order made bythe Board pending such appeal.

(5) The Board shall, wheneverit supersedes any committee under sub–section (2), constitute a newcommittee of management simultaneously with the order made by it under sub–section(2).

(6) Notwithstanding anythingcontained in the foregoing sub–sections, the Board any, instead ofsuperseding any committee under sub–section (2), remove any memberthereof if it is satisfied that such manner prejudicial to the interests of thewakf, and every such order for the removal of any member shall be served uponhim by registered post:

Provided that no order for theremoval of the member shall be made unless he has been given a reasonableopportunity of showing cause against the proposed action:

Provided further that anymember aggrieved by any order for his removal from the membership of thecommittee may, within a period of thirty days from the date of service of theorder on him, prefer an appeal against order to the Tribunal and the Tribunalany, after giving a reasonable opportunity to the appellant and the Board ofbeing heard, confirm, modify or reverse the order made by the Board and theorder made by the Tribunal in such appeal shall be final.

68.Duty of mutawalli orcommittee to deliver possession of records, etc:(1) Where any mutawalli or committee of managementhas been removed by the Board in accordance with the provisions of this Act, orof any scheme made by the Board, the mutawalli or the committee so removed fromthe office (hereinafter in this section referred to as the removed mutawalli orcommittee) shall hand over charge and deliver possession of the records,accounts and all properties of the wakf, (including cash) to the successormutawalli or the successor committee, within one month from the date specifiedin the order.

(2) Where any removed mutawallior committee fails to deliver charge or deliver possession of the records,accounts and properties (including cash) to the successor mutawalli orcommittee within the time specified in sub–section (1), or prevents orobstructs such mutawalli or committee, from obtaining possessing thereof afterthe expiry of the period aforesaid, the successor mutawalli or any member ofthe successor committee may make an application, accompanied by a certifiedcopy of the order appointing such successor mutawalli or committee, to anyMagistrate of the first class within the local limits of whose jurisdiction anypart of the wakf property is situated and, thereupon, such Magistrate may,after giving notice to the removed mutawalli or members of the removedcommittee, make an order directing the delivery of charge and possession ofsuch records, accounts and properties (including cash) of the wakf to thesuccessor mutawalli or the committee, as the case may be, within such time asmay be specified in the order.

(3)Where the removed mutawallior any member of the removed committee, omits or fails to deliver charge andpossession of the records, accounts and properties (including cash) within thetime specified by the Magistrate under sub–section (2), the removedmutawalli or every member of the removed committee, as the case may be, shallbe punishable with imprisonment for a term which may extend to six months orwith fine which may extend to eight thousand rupees, or with both.

(4) Whenever any removedmutawalli or any member of the removed committee omits or fails to comply withthe orders made by the Magistrate under sub–section (2), the Magistratemay authorise the successor mutawalli or committee to take charge andpossession of such records, accounts, properties (including cash) and mayauthorise such person to take such police assistance as may be necessary forthe purpose.

(5) No order of appointment ofthe successor mutawalli or committee shall be called in question in theproceedings before the Magistrate under this section.

(6) Nothing contained in thissection shall bar the institution of any suit in a competent civil court by anyperson aggrieved by any order made under this section, to establish that he hasright, title and interest in the properties specified in the order made by theMagistrate under sub–section (2).

69.Power of Board to framescheme for administration of wakf:(1) Whenever the Board is satisfied, whether on its own motion oron the application of not less than five persons interested in any wakf, thatit is necessary or desirable to frame a scheme for the proper administration ofthe wakf, it may by an order frame such scheme for the administration of thewakf, after consultation with the mutawalli or the applicant in the prescribedmanner.

(2) A scheme framed under sub–section(1) may provide for the removal of the mutawalli of the wakf holding office assuch immediately before the date on which the scheme comes into force :

Provided that where any suchscheme provides for the removal of any hereditary mutawalli, the scheme shallalso provide for the appointment of the person next in hereditary succession tothe mutawalli so removed, as one of the members of the committee appointed forthe 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 thewakf :

Provided that any personaggrieved by an order made under this section may, within sixty days from thedate of the order, prefer an appeal to the Tribunal and after hearing suchappeal, the Tribunal may confirm, reverse or modify the order

Provided further that theTribunal shall have no power to stay the operation of the order made under thissection.

(4) The Board may, at any timeby an order, whether made before or after the scheme has come into force,cancel or modify the scheme.

(5) Pending the framing of thescheme for the proper administration of the wakf, the Board may appoint asuitable person to perform all or any of the functions of the mutawalli thereofand to exercise the powers, and perform the duties, of such mutawalli.

70.Inquiry relating toadministration of wakf: Any person interested in a wakf may make an application to theBoard supported by an affidavit to institute an inquiry relating to theadministration of the wakf and if the Board is satisfied that there arereasonable grounds for believing that the affairs of the wakf are beingmismanaged, it shall take such action thereon as it thinks fit.

71.Manner of holding inquiry:(1) The Board may, either on anapplication received under section 73 or on its own motion–

(a) hold an inquiry in suchmanner as may be prescribed; or

(b) authorise any person inthis behalf to hold an inquiry into any matter relating to a wakf and take suchaction

as it thinks fit.

(2) For the purposes of aninquiry under this section, the Board or any person authorised by it in thisbehalf, shall have the same powers as are vested in a civil court under theCode of Civil Procedure, 1908 (5 of 1908)for enforcing the attendance of witnessesand production of documents.

CHAPTER VII

FINANCE OF THE BOARD

72.Annual contribution payableto Board:(1) The mutawalli of everywakf, 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, suchcontributions, not exceeding sever percent of such annual income as maybe prescribed, to the Board of the services rendered by such Board to the wakf.

Explanation I: For thepurposes of this Act, "net annual income" shall mean the gross incomeof the wakf from all sources, including nazaras and offerings which do notamount to contributions to the corpus of the wakfs, in a year after deductingtherefrom the following, namely: –

(i) the land revenue paid by itto the Government;

(ii) the rates, cessers, taxesand licence fees, paid by it to the Government or any local authority;

(iii) expenditure incurred forall or any of the following purposes, namely: –

(a) maintenance of, or repairsto, irrigation works, which shall not include the capital cost of irrigation;

(b) seeds or seedlings;

(d) purchase and maintenance ofagricultural implements;

(e) purchase and maintenance ofcattle for cultivation;

(f) wages for ploughing,watering, sowing, transplanting, harvesting, threshing and other agriculturaloperation:

Provided that the totaldeduction in respect of an expenditure incurred under this clause shall notexceed ten percent of the income derived from lands belonging to the wakf;

(iv) expenditure on sundryrepairs to rented buildings, not exceeding five percent, of the annual rentderived therefrom, or the actual expenditure, whichever is less;

(v) sale proceeds of immovableproperties or rights relating to, or arising out of immovable properties, ifsuch proceeds are reinvested to earn income for the wakf:

Provided that the followingitems of receipts shall not be deemed to be income for the purposes of thissection, namely:-

(a) advances and depositsrecovered and loans taken or recovered;

(b) deposits made as securityby employees, lessees or contractors and other deposits, if any;

(d) amounts recovered towardscosts awarded by courts;

(e) sale proceeds of religiousbooks and publications where such sales are undertaken as an un–remunerativeenterprise with a view to propagating religion;

(f) donations in cash or kindor offerings made by the donors as contributions to the corpus of the wakf:

Provided that the interest onincome, if any, accruing from such donations or offerings shall be taken intoaccount in calculating the gross annual income;

(g) voluntary contributionsreceived in cash or kind for a specific service to be performed by the wakf andexpended on such service;

(h) audit recoveries.

Explanation II: Indetermining, the net annual income for the purposes of this section, only thenet profit derived by any wakf from its remunerative undertakings, if any,shall be taken as income, and in respect of its non–remunerativeundertakings, such as, schools, colleges, hospitals, poor homes, orphanages orany other similar institutions, the grants given by the Government or any localauthority or donations received from the public or fees collected from thepupils of educational institutions shall not be taken as income.

(2) The Board may in the caseof any mosque or orphanage or any particular wakf reduce or remit suchcontribution for such time as it thinks fit.

(3) The mutawalli of a wakf mayrealise the contributions payable by him under sub–section (1) from thevarious persons entitled to receive any pecuniary or other material benefitfrom the wakf, but the sum realisable from any one of such persons shall notexceed such amount as shall bear to the total contribution payable the sameproportion, as the value of the benefits receivable by such person bears to theentire net annual income of the wakf:

Provided that if there is anyincome of the wakf available in excess of the amount payable as dues under thisAct, other than as the contribution under sub–section (1), and in excessof the amount payable under the wakf deed, the contribution shall be paid outof such income.

(4) The contribution payableunder sub–section (1) in respect of a wakf shall, subject to the priorpayment of any dues to the Government or any local authority or of any otherstatutory first charge on the wakf property or the income thereof, be a firstcharge on the income of the wakf and shall be recoverable, on a certificateissued by the Board after giving the mutawalli concerned an opportunity ofbeing heard, as an arrear of land revenue.

(5) If a mutawalli realises theincome of the wakf and refuses to pay or does not pay such contribution, heshall also be personally liable for such contribution which may be realised fromhis person or property in the manner aforesaid.

(6) Where, after thecommencement of this Act, the mutawalli of a wakf fails to submit a return ofthe net annual income of the wakf within the time specified therefor or submitsa return which, in the opinion of the Chief Executive Officer is incorrect orfalse in any material particular, or which does not comply with the provisionsof this Act or any rule or order made thereunder, the chief Executive Officermay assess the net annual income of the wakf to the best of his judgment orrevise the net annual income as shown in the return submitted by the mutawalliand the net annual income as so assessed or revised shall be deemed to be thenet annual income of the wakf for the purposes of this section :

Provided that no assessment ofnet annual income or revision of return submitted by mutawalli shall be exceptafter giving a notice to the mutawalli calling upon him to show cause, withinthe time specified in the notice, as to why such assessment or revision of thereturn shall not be made and every such assessment or revision shall be madeafter considering the reply if any, given by the mutawalli.

(7) Any mutawalli, who isaggrieved by the assessment or revision made by the Chief Executive Officer,under sub–section (6), may prefer an appeal to the Board within thirtydays from the date of receipt of the assessment or revision of return and theBoard may, after giving the appellant a reasonable opportunity of being heard,confirm, reverse or modify the assessment or revision or the return and thedecision of the Board thereon shall be final.

(8) If, for any reason, thecontribution or any portion thereof leviable under this section has escapedassessment in any year, whether before or after the commencement of this Act,the Chief Executive Officer any, within five years from the last date of theyear to which such escaped assessment relates serve upon the mutawalli a noticeassessing him with the contribution or portion thereof which has escapedassessment, and demanding payment thereof within thirty days from the date ofservice of such notice, and the provisions of this Act and the rules madethereunder, shall, as far as may be, apply as if the assessments were madeunder this Act, in the first instance.

73.Power of Chief executiveOfficer to direct banks or other person to make payments:(1) Notwithstanding anythingcontained in any other law for the time being in force, the Chief ExecutiveOfficer, if he is satisfied that it is necessary and expedient so to do, makean order directing any bank in which, or any person with whom any moneybelonging to a wakf is deposited, to pay the contribution, leviable undersection 72, out of such money, as may be standing to the credit of the wakf insuch 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 on behalf ofthe wakf by way of deposit, and on receipt of such orders, the bank or theperson, as the case may be, shall when no appeal has been preferred under sub–section(3), comply with such orders, or were 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 abank 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 otherperson in relation to the sum so paid.

(3) Any bank or other personwho is ordered under sub–section(1) to make any payment may, within thirtydays from the date of the order, prefer an appeal against such order to theTribunal and the decision of the Tribunal on such appeal shall be final.

(4) Every Officer of the bankor other person who fails, without any reasonable excuse, to comply with theorder

made under sub–section(1) or, as the case may be, under sub–section (3), shall be punishablewith imprisonment for a term which any extend to six months or with fine whichmay extend to eight thousand rupees, or with both.

74.Deduction of contributionfrom perpetual annuity payable to the wakf:(1) Every authority empowered to disburse anyperpetual annuity payable to a wakf under any law relating to the abolition ofzamindaris or jagirs, or laying down land ceilings, shall, or receipt of a certificatefrom the Chief Executive Officer, specifying the amount of contribution payableby the wakf under section 72 which remains unpaid, deduct before making paymentof the perpetual annuity to the wakf, the amount specified in such certificateand remit the amount so deducted to the Chief Executive Officer.

(2) Every amount remitted undersub–section (1) to the Chief Executive Officer shall be deemed to be apayment 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 tothe payment of the perpetual annuity.

75.Power of Board to borrow:(1) For the purpose of givingeffect to the provisions of this Act, the Board any, with the previous sanctionof the State Government, borrow such sum of money and on such terms andconditions as the State Government may determine.

(2) The Board shall repay themoney 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 orborrow moneys without sanction:(1) No mutawalli, Executive Officer or other person in charge ofthe administration of a wakf shall lend any money belonging to the wakf or anywakf property or borrow any money for the purposes of the wakf except with theprevious sanction of the Board:

Provided that so such sanctionis necessary if there is an express provision in the deed of wakf for suchborrowing or lending, as the case may be.

(2) The Board may, whileaccording sanction, specify any terms and conditions subject to which theperson referred to in sub–section (1) is authorised by him to lend orborrow any money or lend any wakf property.

(3) Where any money is lent orborrowed, or other wakf property is lent in contravention of provisions of thissection, it shall be lawful for the Chief Executive Officer:

(a) to recover an amount equalto the amount which has been so lent or borrowed, together with interest duethereon, from the personal funds of the person by whom such amount was lent orborrowed;

(b) to recover the possessionof the wakf property lent in contravention of the provisions of this Act, fromthe person to whom it was lent, or from persons who claim title to suchproperty through the person to whom such property was lent.

77.Wakf Fund:(1) All moneys received orrealised by the Board under this Act and all other moneys received asdonations, benefactions or grants by the Board shall form a fund to be calledthe Wakf Fund.

(2) All moneys received by theBoard, as donations, benefactions and grants shall be deposited and accountedfor under a separate sub–head.

(3) Subject to any rules thatmay be made by the State Government in this behalf, the Wakf Fund shall beunder the control of Board, so, however, that the Wakf Fund under the controlof common Wakf Board shall be subject to rules, if any, made in this behalf bythe Central Government.

(4) The Wakf Fund shall beapplied to –

(a) repayment of any loanincurred under section 75 and payment of interest thereon;

(b) payment of the cost ofaudit of the Wakf Fund and the accounts of wakfs;

(d) payment of travellingallowances to the Chairperson, members, of the Board;

(e) payment of all expensesincurred by the Board in the performance of the duties imposed, and allexercise of the powers conferred, by or under this Act;

(f) payment of all expensesincurred by the Board for the discharge of any obligation imposed on it by orunder any law for the time being in force.

(5) If any balance remainsafter the meeting the expenditure referred to in sub–section (4), theBoard may use any portion of such balance for the preservation and protectionof wakf properties or for such other purposes as it may deem fit.

78.Budget of Board:(1) The Board shall in everyyear prepare, in such form and at such time as may be prescribed, a budget forthe next financial year showing the estimated receipts and expenditure duringthat financial year and forward a copy of the same to the State Government.

(2) On receipt of the budgetforwarded to it under sub–section (1), the State Government shallexamine the same and suggest such alterations, corrections, or modifications tobe made therein as it may think fit and forward such suggestions to the Boardfor its consideration.

(3) On receipt of thesuggestions from the State Government the Board may make writtenrepresentations to that Government with regard to the alterations, correctionsor modifications suggested by that Government and the State Government shall,after considering such representations, communicate, within a period of threeweeks from the date of receipt thereof, to the Board its final decision inrelation to the matter and the decision of the State Government shall be final.

(4) On receipt of the decisionof the State Government under sub–section (3), the Board shallincorporate in its budget all the alterations, corrections, modificationsfinally 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: The Board shall cause to bemaintained such books of account and other books in relation to its accounts insuch form and in such manner as may be provided by regulations.

80.Auditor accounts of Board:(1) The accounts of the Boardshall be audited and examined annually by such auditor as may be appointed bythe State Government.

(2) The auditor shall submithis report to the State Government and the report of the auditor shall, amongother things, specify whether the accounts of every wakf under the directmanagement of the Board have been kept separately and whether such accountshave been audited annually by the State Examiner of Local Funds and shall alsospecify all cases or irregular, illegal or improper expenditure or of failureto recover money or other property caused by neglect or misconduct and anyother matter which the auditor considers it necessary to report; and the reportshall also contain the name of any person who, in the opinion of the auditor isresponsible for such expenditure or failure and the auditor shall in every suchcase certify the amount of such expenditure or loss as due from such person.

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

81.State Government to passorders on auditors report: The State Government shall examine the auditor’s report and maycall for the explanation of any person in regard to any matter mentionedtherein, and shall pass such orders on the report as it thinks fit.

82.Dues of Board to berecovered as arrears of land revenue:(1) Every sum certified to be due from any person byauditor in his report under section 80, be paid by such person within sixtydays after the service of a demand notice by the Board.

(2) If such payment is not madein accordance with the provisions of sub–section (1), the sum payablemay, on a certificate issued by the Board, after giving the person concerned anopportunity of being heard, be recovered as an arrear of land revenue.

CHAPTER VIII

JUDICIAL PROCEEDINGS

83.Constitution of Tribunals,etc:(1) The State Government shall,by notification in the Official Gazette, constitute as many Tribunals as it maythink fit, for the determination of any dispute, question or other matterrelating to a wakf or wakf property under this Act and define the local limitsand jurisdiction under this Act of each of such Tribunals.

(2) Any mutawalli personinterested in a wakf or any other person aggrieved by an order made under thisAct, or rules made thereunder, may make an application within the timespecified in this Act or where no such time has been specified, within suchtime 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 madeunder sub–section (1) relates to any wakf property which falls withinthe territorial limits of the jurisdiction of two or more Tribunals, suchapplication may be made to the Tribunal within the local limits of whosejurisdiction the mutawalli or any one of the mutawallis of the wakf actuallyand voluntarily resides, carries on business or personally works for gain, and,where any such application is made to the Tribunal aforesaid, the otherTribunal or Tribunals having jurisdiction shall not entertain any applicationfor the determination of such dispute, question or other matter:

Provided that the StateGovernment may, if it is of opinion that it is expedient in the interest of thewakf or any other person interested in the wakf or the wakf property totransfer such application to any other Tribunal having jurisdiction for thedetermination of the dispute, question or other matter relating to such wakf orwakf property, transfer such application to any other Tribunal havingjurisdiction, and, on such transfer, the Tribunal to which the application isso transferred shall deal with the application from the stage which was reachedbefore the Tribunal from which the application has been so transferred, exceptwhere the Tribunal is of opinion that it is necessary in the interests ofjustice to deal with the application afresh.

(4) Every Tribunal shallconsist of one person, who shall be a member of the State Judicial Serviceholding a rank, not below that of District, Sessions or Civil Judge, Class I,and the appointment of every such person may be made either by name or bydesignation.

(5) The Tribunal shall bedeemed to be a civil court and shall have the same powers as may be exercisedby a civil court under the Code of Civil Procedure, 1908, (5 of 1908) whiletrying a suit, or executing a decree or order.

(6) Notwithstanding anythingcontained in the Code of Civil Procedure, 1908, (5 of 1908) the Tribunal shallfollow such procedure as may be prescribed.

(7) The decision of theTribunal shall be final and binding upon the parties to the application and itshall have the force of a decree made by a civil court.

(8) The Execution of anydecision of the Tribunal shall be made by the civil court to which suchdecision is sent for execution in accordance with the provisions of the Code ofCivil Procedure, 1908.

(9) No appeal shall lie againstany decision or order whether interim or otherwise, given or made by theTribunal:

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 othermatter which has been determined by the Tribunal for the purpose of satisfyingitself as to the correctness, legality or propriety of such determination andmay confirm, reverse or modify such determination or pass such other order asit may think fit.

84.Tribunal to hold proceedingsexpeditiously and to furnish to the parties copies of its decision: Wherever an application ismade to a Tribunal for the determination of any dispute, question or othermatter relating to a wakf or wakf property it shall hold it proceedings asexpeditiously as possible and shall as soon as practicable, on the conclusionof the hearing of such matter give its decision in writing and furnish a copyof such decision to each of the parties to the dispute.

85.Bar of jurisdiction of civilcourts: No suit or other legalproceeding shall lie in any civil court in respect of any dispute, question orother matter relating to any wakf, wakf property or other matter which isrequired by or under this Act to be determined by a Tribunal.

86.Appointment of a receiver incertain cases:Notwithstanding anything contained in the Code of Civil Procedure, 1908, or inany other law for the time being in force, where any suit or other legalproceeding is instituted or commenced–

(a) by or on behalf of a Board–

(i) to set aside the sale ofany immovable property, which is wakf property, in execution of a decree ororder of a civil court;

(ii) to set aside the transferof any immovable property, which is wakf property, made by the mutawallithereof, whether for valuable consideration or not, without or otherwise thanin accordance with, the sanction of the Board;

(iii) to recover possession ofthe property referred to in clause (a) or clause (b) or to restore possessionof such property to the mutawalli of the concerned wakf; or

(b) by a mutawalli to recoverpossession of immovable property, which is wakf property, which has been

transferred by a previousmutawalli, whether for valuable consideration or not, without otherwise than inaccordance with the sanction of the Board, and which is in the possession ofthe defendant, the court may, on the application of the plaintiff, appoint areceiver of such property and direct such receiver to pay from time to time tothe plaintiff, out of the income of the property, such amount as the court mayconsider to be necessary for further prosecution of the suit.

87.Bar to the enforcement ofright on behalf of unregistered wakfs:(1) Notwithstanding anything contained in any otherlaw for the time being in force, no suit, appeal or other legal proceeding forthe enforcement of any right on behalf of any wakf which has not beenregistered in accordance with the provisions of this Act, shall be institutedor commenced or heard, tried or decided by any court after the commencement ofthis Act, or where any such suit, appeal or other legal proceeding had beeninstituted or commenced before such commencement, no such suit appeal or otherlegal proceeding shall be continued, heard, tried or decided by any court aftersuch commencement unless such wakf has been registered, in accordance with theprovisions 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 otherclaim made on behalf of any wakf which has not been registered in accordancewith the provisions of this Act.

88.Bar to challenge thevalidity of any notification, etc.: Save as otherwise expressly provided in this Act, nonotification or order or decision made, proceeding or action taken, by theCentral Government or the State Government under this Act or any rule madethereunder shall be questioned in any civil court.

89.Notice of suits by partiesagainst Board: No suitshall be instituted against the Board in respect of any act purporting to bedone by it in pursuance of this Act or of any rules made thereunder, until theexpiration of two months next after notice in writing has been delivered to, orleft 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 heclaims; and the plaint shall contain a statement that such notice has been sodelivered or left.

90.Notice of units, etc, bycourts:(1) In every suit or proceedingrelating to a little to or possession of a wakf property or the right of amutawalli or beneficiary, the court of Tribunal shall issue notice to the Boardat the cost of the party instituting such suit or proceeding.

(2) Whenever any wakf propertyis notified for sale in execution of a decree of a civil court or for therecovery of any revenue cess, rates of taxes due to the Government or any localauthority, notice shall be given to the Board by the court, Collector or otherperson under whose order the sale is notified.

(3) In the absence of a noticeunder sub–section (1), any decree or order passed in the suit or proceedingshall be declared void, if the Board, within one month of its coming to know ofsuch suit or proceeding, applies to the court in this behalf.

(4) In the absence of a noticeunder 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 tothe court or other authority under whose order the sale was held.

91.Proceedings under Act 1 of1894:(1) If, in the course ofproceedings under the Land Acquisition Act, 1894 or under any law for the timebeing in force relating to the acquisition of land or other property, itappears to the Collector before an award is made that any property underacquisition is wakf property, a notice of such acquisition shall be served byCollector on the Board and further proceedings shall be stayed to enable theBoard to appear and plead as a party to the proceeding at any time within threemonths from the date of the receipt of such notice.

Explanation: Thereference to the Collector in the foregoing provisions of this sub–sectionshall, in relation to any other law referred to therein, be construed, if theCollector is not the competent authority under such other law to make an awardof the compensation or other amount payable for the acquisition of land orother property thereunder, as a reference to the authority under such other lawcompetent to make such award.

(2) Where the Board has reasonto believe that any property under acquisition is wakf property, it may at anytime

before the award the award ismade appear and plead as a party to the proceeding.

(3) When the Board has appearedunder the provisions of sub–section (1) or sub–section (2), noorder shall be passed under section 31 or section 32 of the Land AcquisitionAct, 1894 or under the corresponding provisions of the other law referred to insub–section (1) without giving an opportunity to the Board to be heard.

(4) Any order passed undersection 31 or section 32 of the Land Acquisition Act, 1894 or under thecorresponding provisions of the other law referred to in sub–section (1)without giving an opportunity to the Board to be heard, shall be declared voidif the Board, within one month of its coming to know of the order, applies inthis behalf to the authority which made the order.

92.Board to be party to suit orproceeding: In anysuit or proceeding in respect of a wakf or any wakf property the Board mayappear and plead as a party to the suit or proceeding.

93.Bar to compromise of suitsby or against mutawallis: No suit or proceeding in any court by or against the mutawalli ofa wakf relating to title to wakf property or the rights of the mutawalli shallbe compromised without the sanction of the Board.

94.Power to make application tohe Tribunal in case of failure of mutawalli to discharge, his duties:(1) Where a mutawalli is underan 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 Boardmay apply to the Tribunal for an order directing the mutawalli to pay to theBoard or to any person authorised by the Board in this behalf the amountnecessary for the performance of such act.

(2) Where a mutawalli is underan obligation to discharge any other duties imposed on him under the wakf andthe mutawalli willfully fails to discharge such duties, the Board or any personinterested in the wakf may make an application to the Tribunal and the Tribunalmay pass such order thereon as it thinks fit.

95.Power of appellate authorityto entertain appeal after expiry of specified period: Where, under this Act anyperiod has been specified for the filing of any appeal, the appellate authoritymay, if it is satisfied that the appellant was prevented by sufficient causefrom preferring the appeal within the period so specified, entertain the appealafter the expiry of the said period.

CHAPTER IX

MISCELLANEOUS

96.Power of Central Governmentto regulate secular activities of wakfs:(1) For the purpose of regulating the secularactivities of wakfs, the Central Government shall have the following powers andfunctions, namely: –

(a) to lay down generalprinciples, and policies of wakf administration in so far as they relate to thesecular activities of the wakfs;

(b) to co–ordinate thefunctions of the Central Wakf Council and the Board, in so far as they relateto their secular functions;

(2) In exercising its powersand functions under sub–section (1), the Central Government may call forany periodic or other reports from the Board and may issue to the Board suchdirections as it may think fit and the Board shall comply with such directions.

Explanation: For thepurposes of this section "secular activities" shall include social,economic, educational and other welfare activities.

97.Directions by StateGovernment: Subjectto any directions issued by the Central Government under section 96, the StateGovernment may, from time to time, give to the Board such general or specialdirections as the State Government thinks fit and in the performance of itsfunctions, the Board shall comply with such directions.

98.Annual report by StateGovernment: As soonas may be after the close of a financial year, the State Government shall causea general annual report on the working and administration of the State WakfBoard and the Administration of wakfs in the State during the year to beprepared and laid before each House of the State Legislature where it consistsof two House, before that House, and every such report shall be in such formand shall contain such matters as may be provided by regulations.

99.Power to supersede Board:(1) If the State Government isof opinion that the Board is unable to perform or has persistently made defaultin the performance of, the duty imposed on it by or under this Act or hasexceeded or abused its powers, or has willfully and without sufficient causefailed to comply with any direction issued by the Central Government undersection 96 or the State Government under section 97, or if the State Governmentis satisfied on consideration of any report submitted after annual inspection,that the Board’s continuance is likely to be injurious to the interests of thewakfs in the State, the State Government may, by notification in the OfficialGazette, supersede the Board for a period not exceeding six months:

Provided that before issuing anotification under this sub–section, the State Government shall give areasonable time to the Board to show cause why it should not be superseded andshall consider the explanations and objections, if any, of the Board

(2) Upon the publication of anotification under sub–section (1) superseding the Board, –

(a) all the members of theBoard shall, as from the date of supersession, vacate their offices as suchmembers;

(b) all the powers and dutieswhich may, by or under the provisions of this Act, be exercised or performed byor on behalf of the Board shall, during the period if supersession, be exercisedand performed by such person or persons as the State Government may direct; and

(3) On the expiration of theperiod of supersession specified in the notification issued under sub–section(1), the State Government may–

(a) extend the period ofsupersession for such further period as it may consider necessary; or

(b) reconstitute the Board inthe manner provided in section 14.

100.Protection of action takenin good faith: No suitor other legal proceeding shall lie against the Board or Chief ExecutiveOfficer or Survey Commissioner or any other person duly appointed under thisAct in respect of anything which is in good faith done or intended to be doneunder this Act.

101.Survey Commissioner,members and officers of the Board deemed to be public servants:(1) The Survey

Commissioner, members of theBoard, every officer, every auditor of the Board and every other person dulyappointed to discharge any duties imposed on him by this Act or any rule ororder made thereunder, shall be deemed to be public servants within the meaningof section 21 of the Indian Penal Code.(45 of 1860)

(2) Every mutawalli of a wakf,every member of managing committee, whether constituted by the Board or underany deed of wakf, every Executive Officer and every person holding any officein a wakf shall also be deemed to be a public servant within the meaning ofsection 21 of the Indian Penal Code.(45 of 1860)

102.Special provision forreorganisation of certain Boards:(1) Where on account of the reorganisation of States under any lawproviding reorganisation of States, the whole or any part of a State in respectof which a Board was, immediately before the day of such reorganisation,functioning has been transferred on that day to another State and by reason ofsuch transfer, it appears to the Government of a State in any part of which theBoard is functioning that the Board should dissolved or that it should be reconstitutedas an Intra–State Board for the whole or any part of that State, theState Government may frame a scheme or such dissolution or such reconstitution,including proposals regarding the transfer of the assets, rights andliabilities of the Board to any other Board or State Government and thetransfer or re–employment of employees of the Board and forward thescheme to the Central Government.

(2) On receipt of a schemeforwarded to it under sub–section (1), the Central Government may, afterconsulting the State Governments concerned, approve the scheme with or withoutmodifications and give effect to the scheme so approved by making such order asit thinks fit.

(3) An order under sub–section(2) may provide for all or any of the following matters, namely: –

(a) the dissolution of theBoard;

(b) the reconstitution in anymanner whatsoever of the Board including the establishment, where necessary, ofa new Board.

(d) the transfer, in whole orin part, of the assets, rights and liabilities of the Board (including therights and liabilities under any contract made by it) to any other Board orState Government and the terms and conditions of such transfer;

(e) the substitution of anysuch transferee for the Board, or the addition of any such transferee, as partyto any legal proceeding to which the Board is a party; and the transfer of anyproceeding pending before the Board to any such transferee;

(f) the transfer or re–employmentor any employee of the Board to or by, any such transferee and subject to theprovisions of law providing for the reorganisation of the concerned State, theterms and conditions of service applicable to such employees after such transferor re–employment; and

(g) such incidental,consequential and supplemental matters as may be necessary to give effect tothe approved scheme.

(4) Where an order is madeunder this section transferring the assets, rights and liabilities of any Board,then, by virtue of that order, such assets, rights and liabilities of the Boardshall vest in, and be the assets, rights and liabilities of, the transferee.

(5) Every order made under thissection shall be published in the Official Gazette.

(6) Every order made under thissection shall be laid before each House of Parliament, as soon as may be, afterit is made.

103.Special provision forestablishment of Board for part of a State:(1) Where on account of the territorial changesbrought about by any law providing for the reorganisation of any state, thisAct is as from the date on which that law comes into force applicable only toany part or parts of a State but has not been brought into force in theremaining part thereof, then notwithstanding anything contained in this Act, itshall be lawful for the Government of the State to establish one or more Boardsfor such part or parts in which this Act is in force and in such a case anyreference in this Act to the word "State" in relation of a Boardshall be construed as a reference to the State for which the Board isestablished.

(2) Where any such Board hasbeen established and it appears to the Government of the State that a Boardshould be established for the whole of the State, the State Government may, byorder notified in the Official Gazette dissolve the Board established for thepart of the State or reconstitute and reorganise such Board or establish a newBoard for the whole of the State and thereupon, the assets, rights andliabilities of the Board for the part of the State shall vest in and be theassets, rights and liabilities of the reconstitution Board or the new Board, asthe case may be.

104.Application of Act toproperties given or donated by persons not professing Islam for support of certainwakf: Notwithstanding anythingcontained in this Act where any movable or immovable property has been given ordonated 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 amusafirkhana, than such property shall be deemed to be compromised in that wakfand be dealt in the same manner as the wakf in which it is so comprised.

105.Power of Board and ChiefExecutive officer to require copies of documents, etc., to be furnished: Notwithstanding anythingcontained in any law for the time being in force, it shall be lawful for theBoard or the Chief Executive Officer to require any person having the custodyof any record, register, report or other document relating to a wakf or anyimmovable property, which is wakf property, to furnish subject to the paymentof necessary costs, copies of, or extracts from, any such record, register,report or document and every person to whom such a requisition is made, shallfurnish, as soon as may be practicable, to the Board or Chief Executive Officercopies or extracts from the required record, register, report or otherdocument.

106.Powers of CentralGovernment to constitute common Boards:(1) Where the Central Government is satisfied thatby reasons of–

(i) the smallness of the Muslimpopulation in two or more States,

(ii) the slender resources ofthe wakfs in such States, and

(iii) the disproportion betweenthe number and income of the wakfs and the Muslim population in such States, itis expedient in the interests of the wakfs in the States and the Muslimpopulation of such States, to have, instead of separate Boards for each of suchStates, a common Board, it may, after consultation with the Government of eachof the concerned States, establish, by notification in the Official Gazette, acommon Board for such States as it may deem fit, and may, by the same or anysubsequent notification specify the place at which the principal office of suchcommon Board shall be located.

(2) Every common Boardestablished under sub–section (1) shall, as far as practicable, consistof the persons specified in sub–section (1) or, as the case may be, sub–section(7) of section 14.

(3) Whenever any common Boardis established under sub–section (1), –

(a) all powers vested in theState Government under any deed of wakf or any provision of law for the timebeing in force relating to wakfs, shall stand transferred to, and vested in,the Central Government and, thereupon, references in such deed of wakf or lawto the State Governments shall be construed as references to the CentralGovernment:

Provided that whileestablishing a common Board for two or more States, the Central Governmentshall ensure that at least one representative of each of the concerned Statesis included as a member of the Board;

(b) references in this Act to aState shall be construed as references to each of the States for which thecommon Board has been established;

(c) the Central Government may,without prejudice to any rule applicable to a Board in a State, make, bynotification in the Official Gazette, rules regulating the conduct of businessby and affairs of, the common Board.

(4) The common Board shall be abody corporate, with objects not confined to one State, having perpetualsuccession

and a common seal with power toacquire and hold property and to transfer any such property, subject to suchconditions and restrictions as may be specified by the Central Government, andshall by the said name sue or be sued.

107.Act 36 of 1963 not to applyfor recovery of wakf properties: Nothing contained in the Limitation Act, 1963 shall apply to anysuit for possession of immovable property comprised in any wakf or forpossession of any interest in such property.

108.Special provision as toevacuee wakf properties: The provisions of this Act shall apply, and shall be deemedalways to have applied, in relation to any evacuee property within the meaningof clause (f) of section 2 of the Administration of Evacuee Property Act, 1950which immediately before it became such evacuee property within the saidmeaning was property comprised in any wakf and, in particular any entrustment(whether by transfer of any documents or in any other manner and whether generallyor for specified purpose) of any such property to a Board made before thecommencement of this Act in pursuance of the instructions of the Custodianunder the Administration of Evacuee Property Act, 1950 shall have, and shall bedeemed always to have had, notwithstanding anything contained in any otherprovision of this Act, effect as if such entrustment had operated to–

(a) vest such property in suchBoard in the same manner and with the same effect as in a trustee of suchproperty for the purposes of sub–section (1) of section 11 of theAdministration of Evacuee Property Act, 1950 (31 of 1950) with effect from thedate of such entrustment, and

(b) authorise such Board toassume direct management of the wakf concerned for so long as it might deem necessary.

109.Power to make rules:(1) The State Government may,by notification in the Official Gazette, make rules to carry out the purposesof this Act, other than those of Chapter III.

(2) In particular, and withoutprejudice to the generality of the foregoing powers, such rules may provide forall or any of the following matters, namely : –

(i) other particulars which thereport 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 alist of Wakfs published under sub–section (2) of section 5, may contain;

(iv) the manner of election ofmembers of the Board by means of a single transferable vote, under sub–section(2) of section 14;

(v) the terms and conditions ofservice of the Chief Executive Officer under sub–section (2) of section23;

(vi) the conditions andrestrictions subject to which the Chief Executive Officer or any other officermay inspect any public office, records or registers under section 29;

(vii) the conditions subject towhich an Executive Officer and supporting staff may be appointed under sub–section(1) of section 39;

(viii) the manner in which aninquiry may be held by the Chief Executive Officer under sub–section (1)of section 39;

(ix) the form in which, and thetime within which, a separate budget for Wakfs under the direct management ofthe Board shall be prepared under sub–section (1) of section 45;

(x) the interval at whichaccounts 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 towhich the Collector shall recover the property transferred in contravention ofthe provisions of this Act. under section 52;

(xiii) the manner of service ofnotice issued under sub–section (1) of section 54 and the manner inwhich any inquiry is to be made under sub–section (3) of that section;

(xiv) the manner in which anyinquiry may be held under section 64 or section 71;

(xv) the other matters whichmay be specified in the report submitted under sub–section (3) ofsection 65;

(xvi) the manner of publicationof order made under sub–section (2) of section 67;

(xvii) the manner in whichconsultation may be made with mutawalli under sub–section (1) of section69;

(xviii) the manner ofpublication of order made under sub–section (3) of section 69;

(xix) the rate at whichcontribution is to be made by a mutawalli under section 72;

(xx) the payment of moneys intothe Wakf Fund, the investment, the custody and disbursement of such moneysunder section 77;

(xxi) the form in which, andthe time within which, the budget of the Board may be prepared and submittedunder section 78;

(xxii) the time within whichapplication is to be made to the Tribunal under sub–section (2) ofsection 83;

(xxiii) the procedure which thetribunal shall follow under sub–section (6) of section 83;

(xxiv) the form in which theannual report is to be submitted and the matters which such report shallcontain under section 98; and

(xxv) any other matter which isrequired to be, or may be, prescribed.

110.Powers to make regulationsby the Board: (1) theBoard may, with the previous sanction of the State Government, make regulationsnot inconsistent with this Act or the rules made thereunder, for carrying outits functions under this Act.

(2) In particular, and withoutprejudice to the generality of the foregoing powers, such regulations mayprovided for all or any of the following matters, namely: –

(a) the time and places of themeetings of the Board under sub–section (1) of section 17;

(b) the procedure and conductof business at the meetings of the Board;

(c) the constitution andfunctions of the committees and the Board and the procedure for transaction ofbusiness at the meetings of such committees;

(d) the allowances or fees tobe paid to the Chairperson or members of the Board or members of committees;

(e) the terms and conditions ofservice of the officers and other employees of the Board under sub–section(2) of section 24;

(f) the forms of applicationfor registration of Wakfs further particulars to be contained therein and themanner and place of registration of Wakfs under sub–section (3) ofsection 36;

(g) further particulars to becontained in the register of Wakfs under section 37;

(h) the form in which, and thetime within which, the budgets of Wakfs may be prepared and submitted by theMutawalli and approved by the Board under sub–section (1) of section 44;

(i) the books of accounts andother books to be maintained by the Board under section 79;

(j) fees payable for inspectionof proceedings and records of the Board or for issue of copies of the same;

(k) persons by whom any orderor decision of the Board may be authenticated; and

(l) any other matter which hasto be, or may be, provided by regulations.

(3) All regulations made underthis section shall be published in the Official Gazette and shall have effectfrom the date of such publication.

111.Laying of rules andregulations before State Legislature: Every rule made under section 109 and everyregulation made under section 110 shall be laid, as soon as may be after it ismade, before the State Legislature.

112.Repeal and savings:(1) The Wakf Act, 1954 (29 of1954)and the Wakf (Amendment) Act, 1984 (69 of 1984) are hereby repealed.

(2) Notwithstanding suchrepeal, anything done or any action taken under the said Acts shall be deemedto have been done or taken under the corresponding provisions of this Act.

(3) If, immediately before thecommencement of this Act, in any State, there is in force in that State, anylaw which corresponds to this Act that corresponding law shall stand repealed:

Provided that such repeal shallnot effect the previous operation of that corresponding law, and subjectthereto, anything done or any action taken in the exercise of any powerconferred by or under the corresponding law shall be deemed to have been doneor taken in the exercise of the powers conferred by or under this Act as ifthis Act was in force on the day on which such things were done or action wastaken.

113.Power of removedifficulties: (1) Ifany difficult arises in giving effect to the provisions of this Act, theCentral Government may, by order, not inconsistent with the provisions of thisAct, remove the difficulty:

Provided that no such ordershall be made after the expiry of the period of two years from the commencementof this Act.

(2) However, order made underthis section shall be laid, as soon as may be after it is made, before eachHouse of Parliament.

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WAKF ACT 1995

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