Section 41 in The Waqf Act, 1995

Title: Power to cause registration of waqf and to amend register

Description: 41. Power to cause registration of 1[waqf] and to amend register.--The Board may direct a mutawalli to apply for the registration of a 1[waqf], or to supply any information regarding a 1[waqf] or may itself cause the 1[waqf] to be registered or may at any time amend the register of 2[auqaf]. 1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013). 2. Subs. by s. 4, ibid., for "wakfs" (w.e.f. 1-11-2013).

Title: Change in the management of auqaf to be notified

Description: 42. Change in the management of 2[auqaf] to be notified.--(1) In the case of any change in the management of a registered 1[waqf] due to the death or retirement or removal of the mutawalli, the incoming mutawalli, shall forthwith, and any other person may notify the change to the Board. (2) In the case of any other change in any of the particulars mentioned in section 36, the mutawalli shall, within three months from the occurrence of the change, notify such change to the Board. 1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013). 2. Subs. by s. 4, ibid., for "wakfs" (w.e.f. 1-11-2013).

Title: Auqaf registered before the commencement of this Act deemed to be registered

Description: 43. 2[Auqaf] registered before the commencement of this Act deemed to be registered.--Notwithstanding anything contained in this Chapter, where any 1[waqf] has been registered before the commencement of this Act, under any law for the time being in force, it shall not be necessary to register the 1[waqf] under the provisions of this Act and any such registration made before such commencement shall be deemed to be a registration made under this Act. 1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013). 2. Subs. by s. 4, ibid., for "wakfs" (w.e.f. 1-11-2013).

Title: Budget

Description: 2[44. Budget.--(1) Every mutawalli of a 1[waqf] shall, in every year prepare, in such form and at such time as may be prescribed, a budget in respect of the financial year next ensuing showing the estimated receipts and expenditure during that financial year. (2) Every such budget shall be submitted by the mutawalli at least 3[thirty days] before the beginning of the financial year to the Board and shall make adequate provision for the following:-- (i) for carrying out the objects of the 1[waqf]; (ii) for the maintenance and preservation of the 1[waqf] property; (iii) for the discharge of all liabilities and subsisting commitments binding on the 1[waqf] under this Act or any other law for the time being in force. 4[(3) In case the Board considers any item in the budget being contrary to the objects of the waqf and the provisions of this Act, it may give such direction for addition or deletion of such item as it may deem fit.] (4) If in the course of the financial year the mutawalli finds it necessary to modify the provisions made in the budget in regard to the receipt or to the distribution of the amounts to be expended under the different heads, he may submit to the Board a supplementary or a revised budget and the provisions of sub-section (3) shall, as far as may be, apply to such supplementary or revised budget.] 1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013). 2. Subs. by s. 4, ibid., for "wakfs" (w.e.f. 1-11-2013). 3. Subs. by s. 26, ibid., for "ninety days" (w.e.f. 1-11-2013). 4. Subs. by s. 26, ibid., for sub-section (3) (w.e.f. 1-11-2013).

Title: Preparation of budget of auqaf under direct management of the Board

Description: 45. Preparation of budget of 1[auqaf] under direct management of the Board.--(1) The Chief Executive Officer shall prepare, in such form and at such time as may be prescribed, a budget in respect of the financial year next ensuing showing the estimated receipts and expenditure for each of the 1[auqaf] under the direct management of the Board, showing therein the estimated receipts and expenditure and submit it to the Board for its approval. (2) While submitting the budget under sub-section (1), the Chief Executive Officer shall also prepare statement giving details of the increase, if any, in the income of each 2[waqf] under the direct management of the Board and the steps which have been taken for its better management and the results accruing therefrom during the year. (3) The Chief Executive Officer shall keep regular accounts and be responsible for the proper management of every 2[waqf] under the direct management of the Board. (4) Every budget submitted by the Chief Executive Officer under sub-section (1) shall comply with the requirements of section 46 and, for this purpose, references therein to the mutawalli of the 3[waqf] shall be construed as references to the Chief Executive Officer. (5) The audit of accounts of every 2[waqf] under the direct management of the Board shall be undertaken by the State Examiner of Local funds or any other officer appointed by the State Government for this purpose, irrespective of the income of the 2[waqf]. (6) The provisions of sub-sections (2) and (3) of section 47 and the provisions of sections 48 and 49 shall, in so far as they are not inconsistent with the provisions of this section, apply to the audit of accounts referred to in this section. (7) Where any 2[waqf] is under the direct management of the Board, such administrative charges as may be specified by the Chief Executive Officer shall be payable by the 2[waqf] to the Board: Provided that the Chief Executive Officer shall not collect more than ten per cent. of the gross annual income of the 2[waqf] under the direct management of the Board as administrative charges. 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). 3. Subs. by s. 27, ibid., for "1st day of May" (w.e.f. 1-11-2013).