Section 97 in The Waqf Act, 1995

Title: Directions by State Government

Description: Subject to any directions issued by the Central Government under section 96, the State Government may, from time to time, give to the Board such general or special directions as the State Government thinks fit and in the performance of its functions, the Board shall comply with such directions: 1[Provided that the State Government shall not issue any direction being contrary to any waqf deed or any usage; practice or custom of the waqf.] 1. Ins. by s. 50, ibid. (w.e.f. 1-11-2013).

Title: Annual report by State Government

Description: As soon as may be after the close of a financial year, the State Government shall cause a general annual report on the working and administration of the State 2[Waqf] Board and the Administration of 1[auqaf] in the State during that year to be prepared and laid before each House of the State Legislature where it consists of two Houses, or where such legislature consists of one House, before that House, and every such report shall be in such form and shall contain such matters as may be provided by regulations. 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: Power to supersede Board

Description: (1) If the State Government is of opinion that the Board is unable to perform or has persistently made default in the performance of, the duty imposed on it by or under this Act or has exceeded or abused its powers, or has wilfully and without sufficient cause failed to comply with any direction issued by the Central Government under section 96 or the State Government under section 97, or if the State Government is satisfied on consideration of any report submitted after annual inspection, that the Board's continuance is likely to be injurious to the interests of the 1[auqaf] in the State, the State Government may, by notification in the Official Gazette, supersede the Board for a period not exceeding six months: Provided that before issuing a notification under this sub-section, the State Government shall give a reasonable time to the Board to show cause why it should not be superseded and shall consider the explanations and objections, if any, of the Board: 2[Provided further that the power of the State Government under this section shall not be exercised unless there is a prima facie evidence of financial irregularity, misconduct or violation of the provisions of this Act.] (2) Upon the publication of a notification under sub-section (1) superseding the Board,-- (a) all the members of the Board shall, as from the date of supersession, vacate their offices as such members; (b) all the powers and duties which may, by or under the provisions of this Act, be exercised or performed by or on behalf of the Board shall, during the period of supersession, be exercised and performed by such person or persons as the State Government may direct; and (c) all properties vested in the Board shall, during the period of supersession vest in the State Government. (3) On the expiration of the period of supersession specified in the notification issued under sub-section (1), the State Government may 3[(a) extend the period of supersession by another six months with reasons to be recorded in writing and, the period of continuous supersession shall not exceed more than a year; or] (b) reconstitute the Board in the manner provided in section 14. 1. Subs. by Act 27 of 2013, s. 4, for "wakfs" (w.e.f. 1-11-2013). 2. Ins. by s. 51, ibid. (w.e.f. 1-11-2013). 3. Subs. by Act 27 of 2013, s. 51, for clause (a) (w.e.f. 1-11-2013).

Title: Protection of action taken in good faith

Description: No suit or other legal proceeding shall lie against the board or Chief Executive Officer or Survey Commissioner or any other person duly appointed under this Act in respect of anything which is in good faith done or intended to be done under this Act.

Title: Survey Commissioner, members and officers of the Board, deemed to be public servants

Description: (1) The Survey Commissioner, members of the Board, every officer, every auditor of the Board and every other person duly appointed to discharge any duties imposed on him by this Act or any rule or order made thereunder, shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860). (2) Every mutawalli of a 1[waqf], every member of managing committee, whether constituted by the Board or under any deed of 1[waqf], every Executive Officer and every person holding any office in a 2[waqf] shall also be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860). 1. Subs. by s. 4, ibid., for "wakf" (w.e.f. 1-11-2013). 2. Subs. by s. 52, ibid., for "after consulting the State Governments" (w.e.f. 1-11-2013).