Section 21 in The Waqf Act, 1995

Title: Filling of a vacancy

Description: When the seat of a member becomes 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.

Title: Vacancies, etc., not to invalidate proceedings of the Board

Description: No act or proceeding of the Board shall be invalid by reason only of the existence of any vacancy amongst its member or any defect in the constitution thereof.

Title: Appointment of Chief Executive Officer and his term of office and other conditions of service

Description: 1[(1)There shall be a full-time Chief Executive Officer of the Board who shall be a Muslim and shall be appointed by the State Government, by notification in the Official Gazette, from a panel of two names suggested by the Board and who shall not be below the rank of Deputy Secretary to the State Government, and in case of non-availability of a Muslim officer of that rank, a Muslim officer of equivalent rank may be appointed on deputation.] (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. 1. Subs. by Act 27 of 2013, s. 17, for sub-section (1) (w.e.f. 1-11-2013).

Title: Officers and other employees of the Board

Description: (1) The Board shall have the assistance of such number of officers 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.

Title: Duties and powers of Chief Executive Officer

Description: (1) Subject to the provisions of this Act and of the rules made thereunder and the directions of the Board, functions of the Chief Executive Officer shall include— (a) investigating the nature and extent of 1[auqaf] and 2[waqf] properties and calling whenever necessary, an inventory of 2[waqf] properties and calling, from time to time, for accounts, returns and information from mutawallis; (b) inspecting or causing inspection of 2[waqf] properties and accounts, records, deeds or documents relating thereto; (c) doing generally of such acts as may be necessary for the control, maintenance and superintendence of 1[auqaf]. (2) In exercising the powers of giving directions under sub-section (1) in respect of any 2[waqf], the Board shall act in conformity with the directions by the 2[waqf] in the deed of the 2[waqf], the purpose of 2[waqf] and such usage and customs of the 2[waqf] as are sanctioned by the school of Muslim law to which the 2[waqf] 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. 1. Subs. by Act 27 of 2013, s. 4, for "wakfs" (w.e.f. 1-11-2013). 2. Subs. by s. 4, ibid., for "wakf" (w.e.f. 1-11-2013).

CHAPTER 4 ESTABLISHMENT OF BOARDS AND THEIR FUNCTIONS