Section 26 in The Waqf Act, 1995
Title: Powers of Chief Executive Officer in respect of orders or resolutions of Board
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).
Title: Delegation of powers by the Board
2[27. Delegation of powers by the Board.--The Board may, by a general or special order in writing, delegate to the Chairperson, any other member, the Chief Executive Officer or any other officer or servant of the Board or any area committee, subject to such conditions and limitations as may be specified in the said order, such of its powers and duties under this Act, as it may deem necessary, except the powers and functions of the Board mentioned under clauses (c), (d), (g) and (j) of sub-section (2) of section 32 and section 110.]
1. Subs. by Act 27 of 2013, s. 18, for section 27 (w.e.f. 1-11-2013).
Title: Power of District Magistrate, Additional District Magistrate or Sub-Divisional Magistrate to implement the directions of the Board.
2[28. Power of District Magistrate, Additional District Magistrate or Sub-Divisional Magistrate to implement the directions of the Board.--Subject to the provisions of this Act and the rules made thereunder, the District Magistrate or in his absence an Additional District Magistrate or Sub-Divisional Magistrate of a District in the State shall be responsible for implementation of the decisions of the Board which may be conveyed through the Chief Executive Officer and the Board may, wherever considers necessary, seek directions from the Tribunal for the implementation of its decisions.]
1. Subs. by s. 19, ibid., for section 28 (w.e.f. 1-11-2013).
Title: Powers of Chief Executive Officer to inspect records, registers, etc
1[(1)] The Chief Executive Officer or any officer of the Board duly authorised by him in this behalf shall, 2[subject to such conditions as may be prescribed], be entitled at all reasonable time to inspect, in any public office, any records, registers or other documents relating to a 3[waqf], or movable or immovable properties which are 3[waqf] properties or are claimed to be 3[waqf] properties.
4[(2) The mutawalli or any other person having the custody of any document related to waqf properties shall produce the same, within the prescribed period, before the Chief Executive Officer on being called upon to do so in writing.
(3) Subject to such conditions as may be prescribed, an agency of the Government or any other organisation shall supply, within ten working days, copies of the records, registers of properties or other documents relating to waqf properties or claimed to be waqf properties, to the Chief Executive Officer on a written request to this effect from him:
Provided that before taking any course of action as mentioned in sub-sections (2) and (3), the Chief Executive Officer shall obtain approval of the Board.]
1. S. 29 numbered as sub-section (1) thereof by s. 20, ibid. (w.e.f. 1-11-2013).
2. Subs. by s. 20, ibid., for certain words (w.e.f.1-11-2013).
3. Subs. by s. 4, ibid., for "wakf"(w.e.f. 1-11-2013).
4. Ins. by s. 20, ibid. (w.e.f. 1-11-2013).
Title: Inspection of records
(1) The Board may allow inspection of its proceedings or other records in its custody and issue copies of the same on payment of such fees and subject to such conditions as may be prescribed.
(2) All copies issued under this section shall be certified by the Chief Executive Officer of the Board in the manner provided in section 76 of the Indian Evidence Act, 1872 (1 of 1872).
(3) The powers conferred on the Chief Executive Officer by sub-section (2) may be exercised by such other officer or officers of the Board as may either generally or specially be authorised in this behalf by the Board.