Wakf Act 1995, Ss.104 & 32 -- Wakf Act 1954, S. 66C -- Does not empower the Tribunal to frame a scheme -- Is a function of the Board.

S.B. Sinha, J.

The Tribunal had been constituted for the purposes mentioned in S.83 of the 1995 Act. It is an adjudicatory body. Its decision is final and binding but then it could not usurp the jurisdiction of the Board. Our attention has not been drawn to any provision which empowers the Tribunal to frame a scheme. In absence of any power vested in the Tribunal, the Tribunal ought to have left the said function to the Board which is statutorily empowered therefor. Where a statute creates different authorities to exercise their respective functions thereunder, each of such authority must exercise the functions within the four corners of the statute. It is trite that when a procedure has been laid down the authority must act strictly in terms thereof.

AIR 1956 Nag. 38; AIR 1954 SC 340; AIR 1966 SC 337 &

(2004) 9 SCC 619                                                                                  Referred to