Section 16 in The Waqf Act, 1995

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.

Title: Committees of the Board

Description: (1) The Board may, whenever it considers necessary, establish either generally or for a particular purpose or for any specified area or areas committees for the supervision of 1[auqaf]. (2) The Constitution, functions and duties and the term of office of such committees shall be determined from time to time by the Board: Provided that it shall not be necessary for the members of such committees to be members of the Board. 1. Subs. by s. 4, ibid., for "wakfs" (w.e.f. 1-11-2013).

Title: Resignation of Chairperson and members

Description: 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.

Title: Removal of Chairperson and member

Description: (1) The State Government may, by notification in the Official Gazette, remove the Chairperson of the Board or any member thereof if he— (a) is or becomes subject to any disqualifications specified in section 16; or (b) refuses to act or is incapable of acting or acts in a manner which the State Government, after hearing any explanation that he may offer, considers to be prejudicial to the interests of the 1[auqaf]; 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. 1. Subs. by s. 4, ibid., for "wakfs" (w.e.f. 1-11-2013).

CHAPTER 4 ESTABLISHMENT OF BOARDS AND THEIR FUNCTIONS