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In exercise of the powers conferred by section 109
of the Wakf Act, 1995 (Central Act 43 of 1995) the
Government of Kerala hereby make the following
rules, namely .-
Rules
CHAPTER I
1. Short title and Preliminary Commencement.-
(1) These rules may be called the Kerala Wakf Rules,
1996.
(2) They shall come into force at once.
2. Definitioins-
(1) In these rules unless the context otherwise
requires-
(a) ‘Act’ means the Wakf Act, 1995 (Central Act 43
of 1995);
(b) ‘Board’ means the Kerala Wakf Board established
under sub-section (1) of section 13 of the Act;
(c) ‘Candidate’ means a person qulified to seek
election,who has been duly nominated in accordance
with these rules;
(d) ‘Chairperson’ means the chairperson of the Board
elected under sub-section (8) of section 14;
(e) ‘Chief Executive Officer’ means the chief
executive officer of the Board appointed under
sub-section (1) of section 23;
(f) ‘clear days’ means the number of days to be
counted excluding the first and the last day;
(g) ‘continuing candidate’ means a candidate not
elected or not excluded from the poll at any given
time;
(h) ‘Elector’ means a person who is qualified to
vote at the election;
(i) ‘Exhausted paper’ means a ballot paper on which
no further preference is recorded for continuing
candidate provided that a paper shall also be deemed
to be exhausted in any case in which-
(1) the names of two or more candidates whether
continuing or not are marked with the same figure
and are next in earlier preference;
(2) the names of the candidates next in order of
preference whether continuing or not, is marked by a
figure not following consecutively after some other
figure on the ballot paper or by two or more
figures;
(j) ‘First preference’ means the figure, set
opposite to the name of any candidate, second
preference means the figure 2 set opposite to the
name of any candidate;
(k) ‘form’ means a form appended to these rules;
(l) ‘Government’ means Government of Kerala;
(m) ‘Original votes’ in regard to any candidate
means the votes derived from the ballot papers on
which a first preference is recorded for such
candidate;
(n) ‘Surplus’ means the number by which the votes of
any candidate, original and transferred exceed the
quota as defined in rule 42;
(o) ‘Survey Commissioner’ means the Survey
Commissioner of Wakf appointed under sub-section (1)
of section 4 and includes any additional or
Assistant Survey Commissioner of Wakf under
sub-section (2) of section 4;
(p) ‘Section’ means Section of the Act;
(q) ‘State’ means State of Kerala,
(r) ‘Transferred vote’, in regard to any candidate
means a vote credited to such candidate and which is
derived from a ballot paper on which a second or
subsequent preference is recorded for such
candidate;
(s) ‘Unexhausted paper’ means a ballot paper on
which a further preference is recorded for a
continuing candidate;
(t) ‘Tribunal’, in relation to any area, means the
Tribunal constituted under sub-section (1) of
section 83, having jurisdiction in relation to that
area;
(2) Words and expressions used but not defined in
these rules, but defined in the Act, shall have the
meanings respectively assigned to them in that Act.
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