Section 28 in The Waqf Act, 1995
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.
Title: Prevention of disqualification for membership of Parliament
It is hereby declared that the offices of the Chairperson or member of a Board shall not be disqualified and shall be deemed never to have been disqualified for being chosen as, or for being, a Member of Parliament 1[or a Member of Union territory Legislature or a Member of a State Legislature if so declared under a law made by the appropriate State Legislature.]
1 Ins. by s. 21, ibid. (w.e.f. 1-11-2013).
Title: Powers and functions of the Board
(1) Subject to any rules that may be made under this Act, the general superintendence of all 1[auqaf] in a State shall vest in the Board established or the State; and it shall be the duty of the Board so to exercise its powers under this Act as to ensure that the 1[auqaf] under its superintendence are properly maintained, controlled and administered and the income thereof is duly applied to the objects and for the purposes for which such 1[auqaf] were created or intended:
Provided that in exercising its powers under this Act in respect of any 2[waqf], the Board shall act in conformity with the directions of the 3[waqif], the purposes of the 2[waqf] and any usage or custom of the 2[waqf] sanctioned by the school of Muslim law to which the 2[waqf] belongs.
Explanation.--For the removal of doubts, it is hereby declared that in this sub-section, "2[waqf]" includes a 2[waqf] in relation to which any scheme has been made by any court of law, whether before or after the commencement of this Act.
(2) Without prejudice to the generality of the foregoing power, the functions of the Board shall be—
(a) to maintain a record containing information relating to the origin, income, object and beneficiaries of every 2[waqf];
(b) to ensure that the income and other property of 4[auqaf] are applied to the objects and for the purposes for which such 4[auqaf] were intended or created;
(c) to give directions for the administration of 4[auqaf];
(d) to settle schemes of management for a 2[waqf]:
Provided that no such settlement shall be made without giving the parties affected an opportunity of being heard;
(e) to direct—
(i) the utilisation of the surplus income of a 2[waqf] consistent with the objects of 2[waqf];
(ii) in what manner the income of a 2[waqf], the objects of which are not evident from any written instrument, shall be utilised;
(iii) in any case where any object of 2[waqf] has ceased to exist or has become incapable of achievement, that so much of the income of the 2[waqf] as was previously applied to that object shall be applied to any other object, which shall be similar, or nearly similar or to the original object or for the benefit of the poor or for the purpose of promotion of knowledge and learning in the Muslim community:
Provided that no direction shall be given under this clause without giving the parties affected, an opportunity of being heard.
Explanation.--For the purposes of this clause, the powers of the Board shall be exercised—
(i) in the case of a Sunni 2[waqf], by the Sunni members of the Board only; and
(ii) in the case of a Shia 2[waqf], by the Shia members of the Board only:
Provided that where having regard to the number of the Sunni or Shia members in the board and other circumstances, it appears to the Board that the power should not be exercised by such members only, it may co-opt such other Muslims being Sunnis or Shias, as the case may be, as it thinks fit, to be temporary members of the Board for exercising its powers under this clause;
(f) to scrutinise and approve the budgets submitted by mutawallis and to arrange for auditing of account of 4[auqaf];
(g) to appoint and remove mutawallis in accordance with the provisions of this Act;
(h) to take measures for the recovery of lost properties of any 2[waqf];
(i) to institute and defend suits and proceedings relating to 4[auqaf];
5[(j) to sanction lease of any immovable property of a waqf in accordance with the provisions of this Act and the rules made thereunder:
Provided that no such sanction shall be given unless a majority of not less than two-thirds of the members of the Board present cast their vote in favour of such transaction:
Provided further that where no such sanction is given by the Board, the reasons for doing so shall be recorded in writing.]
(k) to administer the 6[Waqf] Fund;
(l) to call for such returns, statistics, accounts and other information from the mutawallis with respect to the 6[waqf] property as the Board may, from time to time, require;
(m) to inspect, or cause inspection of, 6[waqf] properties, accounts, records or deeds and documents relating thereto;
(n) to investigate and determine the nature and extent of 6[waqf] and 6[waqf] property, and to cause, whenever necessary, a survey of such 6[waqf] property;
7[(na) to determine or cause to be determined, in such manner as may be specified by the Board, market rent of the waqf land or building;]
(o) generally do all such acts as may be necessary for the control, maintenance and administration of 8[auqaf].
(3) Where the Board has settled any scheme of management under clause (d) or given any direction under clause (e) of sub-section (2), any person interested in the 6[waqf] or affected by such settlement or direction may institute a suit in a Tribunal for setting aside such settlement or directions and the decision of the Tribunal thereon shall be final.
(4) Where the Board is satisfied that any 6[waqf] land, which is a 6[waqf] property, 9[has the potential for development as an educational institution, shopping centre, market, housing or residential flats and the like], market, housing flats and the like, it may serve upon the mutawalli of the concerned 6[waqf] a notice requiring him within such time, but not less than sixty days, as may be specified in the notice, to convey its decision whether he is willing to execute the development works specified in the notice.
(5) On consideration of the reply, if any, received to the notice issued under sub-section (4), the Board, if it is satisfied that the mutawalli is not willing or is not capable of executing the works required to be executed in terms of the notice, it may, 10*** take over the property, clear it of any building or structure thereon, which, in the opinion of the Board is necessary for execution of the works and execute such works from 6[waqf] funds or from the finances which may be raised on the security of the properties of the 6[waqf] concerned, and control and manage the properties till such time as all expenses incurred by the Board under this section, together with interest thereon, the expenditure on maintenance of such works and other legitimate charges incurred on the property are recovered from the income derived from the property:
Provided that the Board shall compensate annually the mutawalli of the concerned 6[waqf] to the extent of the average annual net income derived from the property during the three years immediately preceding the taking over of the property by the Board.
(6) After all the expenses as enumerated in sub-section (5) have been recouped from the income of the developed properties, the developed properties shall be handed over to mutawalli of the concerned 7[waqf].
1. Subs. by s. 4, ibid., for "wakfs" (w.e.f. 1-11-2013).
2. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).
3. Subs. by s. 4, ibid., for "wakif" (w.e.f. 1-11-2013).
4. Subs. by s. 4, ibid., for "wakfs" (w.e.f. 1-11-2013).
5. Subs. by s. 22, ibid., for clause (j) (w.e.f. 1-11-2013).
6. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).
7. Ins. by s. 22, ibid. (w.e.f. 1-11-2013).
8. Subs. by s. 4, ibid., for 'wakfs" (w.e.f. 1-11-2013).
9. Subs. by s. 22, ibid., for "offers a feasible potential for development as a shopping centre" (w.e.f. 1-11-2013).
10. The words "with the prior approval of the Government," omitted by s. 22, ibid. (w.e.f. 1-11-2013).