Section 13 in The Waqf Act, 1995

Title: Incorporation

Description: (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 1[Auqaf] under such name as may be specified in the notification: 2[Provided that in case where a Board of Waqf has not been established, as required under this sub-section, a Board of Waqf shall, without prejudice to the provisions of this Act or any other law for the time being in force, be established within six months from the date of commencement of the Wakf (Amendment) Act, 2013 (27 of 2013).] (2) Notwithstanding anything contained in sub-section (1), if the Shia 3[auqaf] in any State constitute in number more than fifteen per cent. of all the 3[auqaf] in the State or if the income of the properties of the Shia 3[auqaf] in the State constitutes more than fifteen per cent. of the total income of properties of all the 3[auqaf] in the State, the State Government may, by notification in the Official Gazette, establish a Board of 3[Auqaf] each for Sunni 3[auqaf] and for Shia 3[auqaf] under such names as may be specified in the notification. 4[(2A) Where a Board of Waqf is established under sub-section (2) of section 13, in the case of Shia waqf, the Members shall belong to the Shia Muslim and in the case of Sunni waqf, the Members shall belong to the Sunni Muslim.] (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. 1. Subs. by s. 4, ibid., for "wakfs" (w.e.f. 1-11-2013). 2. Ins. by s. 12, ibid. (w.e.f. 1-11-2013). 3. Subs. by Act 27 of 2013, s. 4, for "wakfs' (w.e.f. 1-11-2013). 4. Ins. by s. 12, ibid. (w.e.f. 1-11-2013).

Title: Composition of Board

Description: (1) The Board for a State and 2[the National Capital 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, 2[the National Capital Territory of Delhi]; (ii) Muslim Members of the State Legislature; 3[(iii) Muslim members of the Bar Council of the concerned State or Union territory: Provided that in case there is no Muslim member of the Bar Council of a State or a Union territory, the State Government or the Union territory administration, as the case may be, may nominate any senior Muslim advocate from that State or the Union territory, and] (iv) mutawallis of the 1[auqaf] having an annual income of rupees one lakh and above. 4[Explanation I.--For the removal of doubts, it is hereby declared that the members from categories mentioned in sub-clauses (i) to (iv), shall be elected from the electoral college constituted for each category. Explanation II.--For the removal of doubts it is hereby declared that in case a Muslim member ceases to be a Member of Parliament from the State or National Capital Territory of Delhi as referred to in sub-clause (i) of clause (b) or ceases to be a Member of the State Legislative Assembly as required under sub-clause (ii) of clause (b), such member shall be deemed to have vacated the office of the member of the Board for the State or National Capital Territory of Delhi, as the case may be, from the date from which such member ceased to be a Member of Parliament from the State National Capital Territory of Delhi, or a Member of the State Legislative Assembly, as the case may be;] 5[(c) one person from amongst Muslims, who has professional experience in town planning or business management, social work, finance or revenue, agriculture and development activities, to be nominated by the State Government; (d) one person each from amongst Muslims, to be nominated by the State Government from recognised scholars in Shia and Sunni Islamic Theology; (e) one person from amongst Muslims, to be nominated by the State Government from amongst the officers of the State Government not below the rank of Joint Secretary to the State Government;] 6[(1A) No Minister of the Central Government or, as the case may be, a State Government, shall be elected or nominated as a member of the Board: Provided that in case of a Union territory, the Board shall consist of not less than five and not more than seven members to be appointed by the Central Government from categories specified under sub-clauses (i) to (iv) of clause (b) or clauses (c) to (e) in sub-section (1): Provided further that at least two Members appointed on the Board shall be women: Provided also that in every case where the system of mutawalli exists, there shall be one mutawalli as the member of the Board.] (2) Election of the members specified in clause (b) of sub-section (1) shall be held in accordance with the system of proportional representation by means of a single transferable vote, in such manner as may be prescribed: Provided that where the number of Muslim Members of Parliament, the State Legislature or the State Bar Council, as the case may be, is only one, such Muslim Member shall be declared to have been elected on the Board: Provided further that where there are no Muslim Members in any of the categories mentioned in sub-clauses (i) to (iii) of clause (b) of sub-section (1) the ex-Muslim Members of Parliament, the State Legislature or ex-member of the State Bar Council, as the case may be, shall constitute the electoral college. (3) Notwithstanding anything contained in this section, where the State Government is satisfied, for reasons to be recorded in writing, that it is not reasonably practicable to constitute an electoral college for any of the categories mentioned in sub-clauses (i) to (iii) of clause (b) of sub-section (1), the State Government may nominate such persons as the members of the Board as it deems fit. (4) The number of elected members of the Board shall, at all times, be more than the nominated members of the Board except as provided under sub-section (3). 7* * * * * (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 8[auqaf] and Sunni 8[auqaf] 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* * * * * (8) Whenever the Board is constituted or reconstituted, 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. 1. Subs. by Act 27 of 2013, s. 4, for "wakfs" (w.e.f. 1-11-2013. 2. Subs. by s. 13, ibid., for 'the Union territory of Delhi" (w.e.f. 1-11-2013). 3. Subs. by s. 13, ibid., for sub-clause (iii) (w.e.f. 1-11-2013). 4. Ins. by s. 13, ibid. (w.e.f. 1-11-2013). 5. Subs. by s. 13, ibid., for clauses (c), (d) and (e) (w.e.f. 1-11-2013). 6. Ins. by Act 27 of 2013, s. 13 (w.e.f. 1-11-2913). 7. Sub-sections (5) and (7) omitted by s. 13, ibid. (w.e.f. 1-11-2013). 8. Subs. by s. 4, ibid., for "wakfs" (w.e.f. 1-11-2013).

Title: Term of office

Description: The members of the Board shall hold office for a term of five years 1[from the date of notification referred to in sub-section (9) of section 14]. 1. Ins. by s. 14, ibid. (w.e.f. 1-11-2013).

Title: Disqualification for being appointed, or for continuing as, a member of the Board

Description: 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 undischarged 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; 1[(da) he has been held guilty of encroachment on any waqf property;] (e) he has been on a previous occasion— (i) removed from his office as a member or as a mutawalli, or (ii) removed by an order of a competent court or tribunal from any position of trust either for mismanagement or for corruption.] 1. Ins. by Act 27 of 2013, s. 15 (w.e.f. 1-11-2013).

Title: Meetings of the Board

Description: (1) The Board shall meet for the transaction of business at such time and places as may be provided by regulations. (2) The Chairperson, or in his absence, any member chosen by the members from amongst themselves shall preside at a meeting of the Board. (3) Subject to the provisions of this Act, all questions which come before any meeting of the Board shall be decided by a majority of votes of the members present, and in the case of equality of votes, the Chairperson or, in his absence, any other person presiding shall have a second or casting vote.

CHAPTER 4 ESTABLISHMENT OF BOARDS AND THEIR FUNCTIONS