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13. Incorporation.-
(1) With effect from such date as the State
Government may, by notification in the Official
Gazette, appoint in this behalf, there shall be
established a Board of Wakfs under such name as may
be specified in the notification.
(2) Notwithstanding anything contained in
sub-section (1), if the Shia wakfs in any State
constitute in number more than fifteen per cent of
all the wakfs in the State or if the income of the
properties of the Shia wakfs in the State
constitutes more than fifteen per cent of the total
income of properties of all the wakfs in the State,
the State Government may, by notification in the
Official Gazette, establish a Board of wakfs each
for Sunni wakfs and for Shia wakfs under such names
as may be specified in the notification.
(3) The Board shall be a body corporate having
perpetual succession and a common seal with power to
acquire and hold property and to transfer any such
property subject to such conditions and restrictions
as may be prescribed and shall by the said name sue
and be sued.
14. Composition of Board.-
(1) The Board for a State and the Union Territory of
Delhi shall consist of-
(a) a Chairperson;
(b) one and not more than two members, as the State
Government may think fit, to be elected from each of
the electoral colleges consisting of-
(i) Muslim Members of Parliament from the State or,
as the case may be, the Union Territory of Delhi,
(ii) Muslim Members of the State Legislature,
(iii) Muslim Members of the Bar Council of the
State, and
(iv) Mutawallis of the wakfs having an annual income
of rupees one lakh and above;
(c) one and not more than two members to be
nominated by the State Government representing
eminent Muslim organizations;
(d) one and not more than two members to be
nominated by the State Government, each from
recognised scholars in Islamic Theology;
(e) an officer of the state Government not below the
rank of Deputy Secretary.
(2) Election of the members specified in clause (b)
of sub-section (1) shall be held in accordance with
the system of proportional representation by means
of a single transferable vote, in such manners as
may be prescribed:
Provided that where the number of Muslim Members of
Parliament, the State Legislature or the State Bar
Council, as the case may be, is only one, such
Muslim Member shall be declared to have been elected
on the Board:
Provided further that were there are no Muslim
Members in any or the categories mentioned in
sub-clauses (i) to (iii) of clause (b) of
sub-section (1), The Ex-Muslim Members of
Parliament, the State Legislature or ex-member of
the State Bar Council, as the case may be, shall
constitute the electoral college.
(3) Notwithstanding anything contained in this
section, where the State Government is satisfied,
for reasons to be recorded in writing, that it is
not reasonably practicable to constitute an
electoral college for any of the categories
mentioned in sub-clauses (i) to(iii) of clause (b)
sub-section (1), the State Government may nominate
such persons as the members of the Board as it deems
fit.
(4) The number of elected members of the Board
shall, at all times, be more than the nominated
members of the Board except as provided under
sub-section (3).
(5) Where there are Shia wakfs but no separate Shia
Wakfs Board exists, at least one of the numbers from
the categories listed in sub-section (1), shall be a
Shia Muslim.
(6) In determining the number of Shia members or
Sunni members of the Board, the State Government
shall have regard to the number and value of Shia
wakfs and Sunni wakfs to be administered by the
Board and appointment of the members shall be made,
so far as may be, in accordance with such
determination.
(7) In the case of the Union Territory other than
Delhi, the Board shall consist of not less than
three and not more than five members to be appointed
by the Central Government from amongst the
categories of persons specified in sub-section (1):
Provided that there shall be one mutawalli as the
member of the Board.
(8) Whenever the Board is constituted or
re-constituted, the members of the Board present at
a meeting convened for the purpose shall elect one
from amongst themselves as the Chairperson of the
Board.
(9) The members of the Board shall be appointed by
the State Government by notification in the Official
Gazette.
15. Term of office.- The members of the Board shall
hold office for a tem of five years.
16. Disqualification for being appointed, or for
continuing as, a member of the Board.- A person
shall be disqualified for being appointed, or for
continuing as, a member of the Board if-
(a) he is not a Muslim and is less than twenty-one
years of age;
(b) he is found to be a person of unsound mind;
(c) he is an un discharged insolvent;
(d) he has been convicted of an offence involving
moral turpitude and such conviction has not been
reversed or he has not been granted full pardon in
respect of such offence;
(e) he has been on a previous occasion-
(i) removed from his office as a mutawalli, or
(ii) removed by an order of a competent court or
tribunal from any position of trust either for
mismanagement or for corruption.
17. Meetings of the Board.-
(1) The Board shall meet for the transaction of
business at such time and places as may be provided
by regulations.
(2) The Chairperson, or in his absence, any member
chosen by the members from amongst themselves shall
preside at a meeting of the Board.
(3) Subject to the provision of this Act, all
questions which come before any meeting of the Board
shall be decided by a majority of votes of the
members present, and in the case of equality of
votes, the Chairperson or, in his absence, any other
person presiding shall have a second or casting
vote.
18. Committees of the Board.-
(1) The Board may, whenever it considers necessary,
establish either generally or for a particular
purpose or for any specified area or areas committee
for the supervision of wakfs.
(2) The constitution, function and duties and the
term of office of such committees shall be
determined from time to time by the Board:
Provided that it shall not be necessary for the
members of such committees to be members of the
Board.
19. Registration of Chairperson and members.-
The Chairperson or any other member may resign his
office by writing under his hand addressed to the
State Government:
Provided that the Chairperson or the member shall
continue in office until the appointment of his
successor is notified in the Official Gazette.
20. Removal of Chairperson and member.-
(1) The State Government may, by notification in the
Official Gazette, remove the Chairperson of the
Board or any member thereof if he-
(a) is or becomes subject to any disqualifications
specified in Section 16; or
(b) refuses to act or is incapable of acting or act
in a manner which the State Government, after
hearing any explanation that he may offer, considers
to be prejudicial to the interests of the wakfs; or
(c) fails in the opinion of the Board, to attend
three consecutive meetings of the Board, without
sufficient excuse.
(2) Where the Chairperson of the board is removed
under sub-section (1), he shall also cease to be a
member of the Board.
21. Filling of a vacancy.- When the seat of a
member become vacant by his removal, resignation,
death or otherwise, a new member shall be appointed
in his place and such member shall hold office so
long as the member whose place he fills would have
been entitled to hold office, If such vacancy had
not occurred.
22. Vacancies, etc., not to invalidate
proceedings of the Board.- No act or proceeding of
the Board shall be invalid by reason only of the
existence of any vacancy amongst its members or any
defect in the constitution thereof.
23. Appointment of chief Executive Officer and his
term of office and other conditions of service.-
(1) There shall be a Chief Executive Officer of the
Board who shall be a Muslim and shall be appointed
by the State Government, in consultation with the
Board, by notification in the Official Gazette.
(2) The term of office and other conditions of
service of the Chief Executive Officer shall be such
as may be prescribed.
(3) The Chief Executive Officer shall be ex-officio
secretary of the Board and shall be under the
administrative control of the Board.
24. Officers and other employees of the Board.-
(1) The Board shall have the assistance of such
number of offices and other employees as may be
necessary for the efficient performance of its
functions under this Act, details thereof shall be
determined by the Board in consultation with the
State Government.
(2) The appointment of officers and other employees,
their term of office and conditions of service shall
be such as may be provided by regulations.
25.Duties and powers of Chief Executive Officer.-
(1) Subject to the provisions of this Act and of the
rules made there under and the directions of the
Board, function of the Chief Executive Officer shall
include-
(a) Investigating the nature and extent of wakfs and
wakf properties and calling whenever necessary, an
inventory of wakf properties and calling, from time
to time, for accounts, returns and information from
mutawallis;
(b) Inspecting or causing inspection of wakf
properties and account, records, deeds or documents
relating thereto;
(c) doing generally of such acts as may be necessary
for the control, maintenance and superintendence of
wakfs.
(2) In exercising the powers of giving directions
under sub-section (1) in respect of any wakf, the
Board shall act in conformity with the directions by
the wakf the Board shall act in conformity with the
directions by the wakf in the deed of the wakf, the
purpose of wakf and such usage and customs of the
wakf as are sanctioned by the school of Muslim law
to which the wakf belongs.
(3) Save as otherwise expressly provided in this
Act, the Chief Executive Officer shall exercise such
powers and perform such duties as may be assigned to
him or delegated to him under this Act.
26. Powers of the Chief executive Officer in
respect of orders or resolutions of Board.-
Where the Chief Executive Officer considers that an
order or resolution passed by the Board-
(a) has not been passed in accordance with the law;
or
(b) is in excess of or is an abuse of the powers
conferred on the Board by or under this Act or by
any other law; or
(c) If implemented, is likely to-
(i) cause financial loss to the Board or to the
concerned wakf or to the wakfs generally; or
(ii) lead to a riot or breach of peace; or
(iii) cause danger to human life, health or safety;
or
(d) is not beneficial to the Board or to any wakf or
to wakfs generally, he may before implementing such
order or resolution place the matter before the
Board for its reconsideration and, if such order or
resolution is not confirmed by a majority of vote of
the members present and voting after such
reconsideration, refer the matter to the State
Government along with his objections to the order or
resolution, and the decision of the State Government
theron shall be final.
27. Delegation of powers by the Board.- The
Board may, by a general or special order in writing,
delegate to the Chairperson, any other number, the
secretary or any other officer or servant of the
Board or any area committee, subject to such
conditions and limitations as may be specified in
the said order, such of its power and duties under
this Act, as it may deem necessary.
28. Chief Executive Officer to exercise powers
through Collectors, etc.-
(1) Subject to the provisions of this Act and of the
rules made there under, the Chief Executive Officer
may exercise all or any of the powers conferred on
him by or under this Act with the previous approval
of the Board through the Commissioner of the
division or the Collector of the district in which
the concerned wakf property is situated or through
any other Gazetted Officer whom he may appoint for
such purpose and may, from time to time, delegate
any of his powers to any such Commissioner of the
division or Collector or any other Gazetted Officer
and may, at any time, revoke the delegations so made
by him.
(2) Where any delegation of powers is made by the
Chief Executive Officer under sub-section (1), the
person to whom such delegation is made may exercise
those powers in the same manner and to the same
extent as if they have been conferred on him
directly by this Act and not by way of delegation.
29. Powers of Chief Executive Officer to inspect
records, registers, etc.- The Chief Executive
Officer or any officer of the Board duly authorized
by him in this behalf shall, subject to such
conditions and restrictions as may be prescribed and
subject to the payment of such fees as may be
leviable under any law for the time being in force,
be entitled at all reasonable time to a inspect, in
any public office, any records, registers or other
documents relating to a wakf or movable or immovable
properties which are wakf properties or are claimed
to be wakf properties.
30. Inspection of records.-
(1) The Board may allow inspection of its
proceedings or other records in its custody and
issue copies of the same on payment of such fees and
subject to such conditions as may be prescribed.
(2) All copies issued under this section shall be
certified by the Chief Executive Officer of the
Board in the manner provided in Section 76 of the
Indian Evidence Act, 1872(1 of 1872).
(3) The Powers conferred on the Chief Executive
Officer by sub-section (2) may be exercised by such
other officer or officers of the Board as may either
generally or specially be autherised in this behalf
by the Board.
31. Prevention of disqualification for membership
of parliament.-It is here by declared that the
offices of the chairperson or members of a board
shall not be disqualified and shall be
deemed never to have been disqualified for being
chosen as, or for being a Member of
parliament.
32. Powers and functions of the Board.-
(1) Subject to any rules that may be made under this
Act, the general superintendence of all wakfs in a
State shall vest in the Board established or the
State; and it shall be the duty of the Board so to
exercise its powers under this as to ensure that the
wakfs under its superintendence are properly
maintained, controlled and administered and the
income thereof is duly applied to the objects and
for the purposes for which such wakfs were created
or intended:
Provided that in exercising its powers under this
Act in respect of any wakf, the Board shall act in
conformity with the directions of the wakf, the
purposes of the wakf and any usage or custom of the
wakf sanctioned by the school of Muslim law to which
the wakf belongs.
Explanation.- For the removal of doubts, it is
hereby declared that in this sub-section, “wakf”
includes a wakf in relation to which any scheme has
been made by any court of law, whether before or
after the commencement of this act.
(2) Without prejudice to the generality of the
foregoing power, the functions of the Boards shall
be-
(a) to maintain a record containing information
relating to the origin, income, object and
beneficiaries of every wakf;
(b) to ensure that the income and other property of
wakfs are applied to the objects and for the
purposes for which such wakfs were intended or
created;
(c) to give directions for the administration of
wakfs;
(d) to settle schemes of management for a wakf;
Provided that no such settlement shall be made
without giving the parties affected an opportunity
of being heared;
(e) to direct-
(i) the utilisation of the surplus income of a wakf
consistent with the objects of a wakf;
(ii) in what manner the income of a wakf, the
objects of which are not evident from any written
instrument, shall be utilized.
(iii) in any case where any object of wakf has
ceased to exit or has become incapable of
achievement, that so of the income of the wakf as
was previously applied to that object shall be
applied to any other object, which shall be similar,
or nearly similar or to the original object or for
the benefit of the poor or for the purpose of
promotion of knowledge and learning of in the Muslim
Community:
Provide that no direction shall be given under this
clause without giving the parties affected an
opportunity of being heard.
Explanation.- For the purpose of this clause, the
power of the Board shall be exercised-
(i) in the case of Sunni wakf, by the Sunni members
of the Board only; and
(ii) in the case of a Shia wakf, by the Shia members
of the Board only:
Provided that where having regard to the number of
the Sunni or Shia members in the Board and other
circumstances, it appears to the board that the
power should not be exercised by such members only;
it may co-opt such other Muslims being Sunnis or
Shias, as the case may be, as it thinks fit, to be
temporary members of the Board for exercising its
powers under this clause;
(f) to scrutinise and approve the budgets submitted
by mutawallis and to arrange for the auditing of
accounts of wakf;
(g) to appoint and remove mutawallis in accordance
with the provisions of this Act;
(h) to take measures for the recovery of lost
properties of any wakf;
(i) to institute and defend suits and proceedings
relating to wakfs;
(j) to sanction any transfer of immovable property
of a wakf by way of sale gift, mortgage, exchange or
lease, in accordance with the provisions of this
Act:
Provided that no such sanction shall be given unless
at least two-thirds of the members of the Board vote
in favour of such transaction;
(k) to administer the Wakf Fund;
(l) to call for such returns, statistics, accounts
and other information from the mutawallis with
respect to the wakf property as the Board may, from
time to time, require;
(m) to inspect, or cause inspection of, wakf
properties, accounts, records or deeds and documents
relating thereto;
(n) to investigate and determine the nature and
extend of wakf and wakf property, and to cause,
whenever necessary, a survey of such wakf property;
(o) generally do all such acts as may be necessary
for the control, maintenance and administration of
wakfs.
(3) Where the Board has settled any scheme of
management under clause (d) or given any direction
under clause (e) of sub-section (2), any person
interested in the wakf or affected by such
settlement or direction may institute a suit in a
Tribunal for setting aside such settlement or
direction and the decision of the Tribunal thereon
shall be final.
(4) Where the Board is satisfied that any wakf land,
which is a wakf property, offers a feasible
potential for development as a shopping centre,
market, housing flats and the like, it may serve
upon the mutawalli of the concerned wakf a notice
requiring him within such time, but not less than
sixty days, as may be specified in the notice to
convey its decision whether he is willing to execute
the development words, specified in the notice.
(5) On consideration of the reply, if any, received
to the notice issued under sub-section (4), the
Board, if it is satisfied that the mutawalli is not
willing or is not capable of executing the works
required to be executed in terms of the notice, it
may, with the prior approval of the Government, take
over the property, clear it of any building or
structure thereon, which, in the opinion of the
Board is necessary for execution of the works and
execute such works from wakf works funds or from the
finances which may be raised on the security of the
properties of the wakf concerned, and control and
manage the properties till such as all expenses
incurred by the Board under this section, together
with interest thereon, the expenditure on
maintenance of such works and other legitimate
changes incurred on the property are recovered from
the income derived from the property:
Provided that the Board shall compensate annually
the mutawalli of the concerned wakf to the extend of
the average net income derived from the property
during the three years immediately preceding the
taking over of the property by the Board.
(6) After all expenses as enumerated in sub-section
(5) have been recouped from the income of the
developed properties, the developed properties shall
be handed over to mutawalli of the concerned wakf.
33. Powers of inspection by chief Executive
officer of persons autherised by him-
(1) With a view to examining whether, by reason of
any failure or negligence on the part of a mutawalli
in the performance of his executive or
administrative duties, any loss or damage has been
caused to any wakf or wakf property, the Chief
Executive Officer with the prior approval of the
Board, either himself or any other person autherised
by him in writing in his behalf, may inspect all
movable and immovable properties, which are wakf
properties, and all records, correspondences, plans,
accounts and other documents relating thereto.
(2) Whenever any such inspection as referred to in
sub-section (1) is made, the concerned mutawalli and
all officers and other employees working under him
and every person connected with the administration
of the wakf , shall extended to the person making
such inspection, all such assistance and facilities
as may be necessary and reasonably required by him
to carry out such inspection, and shall also produce
for inspection any movable property or documents
relating to the wakf as may be called for by the
person making the inspection and furnish to him such
information relating to the wakf as may be required
by him.
(3) Where, after any such inspections, it appears
that the concerned mutawalli or any officer or other
employee who is or was working under him had
misappropriated, misapplied or fraudulently
retained, any money or other wakf property, or had
incurred irregular; unauthorised or improper
expenditure from the funds of the wakf, the Chief
Executive Officer may after giving the mutawalli or
the person concerned a reasonable opportunity of
showing cause why an order for the recovery of the
amount or property should not be passed against him
and after considering such explanation, if any, as
such person may furnish, determine the amount or the
property, which has been misappropriated, misapplied
or fraudulently retained, or the amount of the
irregular, unauthersied or improper expenditure
incurred by such person, and make an order directing
such person to make payment of the amount so
determined and to restore the said property to the
wakf , within such time as may be specified in the
order.
(4) A mutawalli or other person aggrieved by such
order may, within thirty days of the receipt by him
of the order, appeal to the Tribunal:
Provided that no such appeal shall be entertained by
the entertained by the Tribunal unless the appellant
first deposits with the 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 to make any order
staying pending the disposal of the appeal, the
operation of the order made by the Chief Executive
Officer under sub-section (3).
(5) The Tribunal may, after taking such evidence as
it may think fit, confirm, reverse or modify the
order made by the Chief Executive Officer under
subsection (3) or may remit, either in whole or in
part, the amount specified in such order and may
make such orders as to costs as it may think
appropriate in the circumstances of the case.
(6) The order made by the Tribunal under sub-section
(5) shall be final.
34. Recovery of the amount determined under
Section 33.- Where any, mutawalli or other
person who has been ordered, whether under
sub-section (3) or sub-section(5) of Section 33, to
make any payment or to restore the possession of any
property, omits or fails to make such payment or
restoration within the time specified in such order
the Chief Executive Officer, with the prior approval
of the Board shall, take such steps as he may think
fit for the recovery of possession of the property
aforesaid and shall also send a certificate to the
Collector of the district in which the property of
such mutawalli or other person is situate, stating
therein the amount that has been determined by him
or by the Tribunal as the case may be, under Section
33, as being payable by such mutawalli or other
person, and thereupon, the Collector shall recover
the amount specified in such certificate as if it
were an arrear of land revenue and on the recovery
of such amount, pay the same to the Chief Executive
Officer, who shall, on receipt thereof, credit the
amount to the funds of the concerned wakf.
35. Conditional attachment by Tribunal.-
(1) Where the Chief Executive Officer is satisfied
that the mutawalli or any other person who has been
ordered under sub-section (3) or sub-section (5) of
Section 33 to make any payment, with intent to
defeat or delay the execution of the said order.-
(a) is about to dispose of the whole or any part of
his property; or
(b) is about of remove the whole or any part of his
property from the jurisdiction of the Chief
Executive Officer; he may, with the prior approval
of the Board, apply to the Tribunal for the
conditional attachment of the said property or such
part thereof, as he may think necessary.
(2) The Chief Executive Officer shall unless the
Tribunal otherwise directs, specify in the
application the property required to be attached and
the estimated value thereof.
(3) The Tribunal may direct the mutawalli or the
person concerned, as the case may be, within a time
to be fixed by it, either to furnish security, in
such as may be specified in the order; to produce
and place at the disposal of the Tribunal when
required, the said property or the value of the same
or such portion thereof as may be sufficient to
satisfy the amount specified in the certificate
referred to in Section 34, or to appear and show
cause why he should not furnish such security.
(4) The Tribunal may also in the order direct the
conditional attachment of the whole or any portion
of the property so specified.
(5) Every attachment made under this section shall
be made in accordance with the provisions of the
Code of Civil Procedure, 1908 (5 of 1908), as if it
were an order for attachment made under the
provision of the said Code.
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