Section 22 in The Waqf Act, 1995

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).

Title: Powers of Chief Executive Officer in respect of orders or resolutions of Board

Description: 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 2[waqf] or to the 1[auqaf] 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 2[waqf] or to 1[auqaf] 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 thereon shall be final. 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