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36. Registration.-
(1) Every wakf, whether created before or after the
commencement of this Act, shall be registered at the
office of the Board.
(2) Application for registration shall be made by
the mutawalli:
Provided that such applications may be made by the
wakf or his descendants or a beneficiary of the wakf
or any Muslim belonging to the sect to which the
wakf belongs.
(3) An Application for registration shall be made in
such form and manner and at such place as the Board
may by regulation provide and shall contain
following particulars.-
(a) a description of the wakf properties sufficient
for identification thereof;
(b) the gross annul income from such properties;
(c) the amount of land revenue, cesses, rates and
taxes annually payable in respect of the wakf
properties;
(d) an estimate of the expenses annually incurred in
the realisation to the income of the wakf
properties;
(e) the amount set apart under the wakf for-
(i) the salary of the mutawalli and allowances to
the individuals;
(ii) purely religious purposes;
(iii) charitable purposes;and
(iv) any other purposes;
(f) any other particulars provided by the Board by
regulations.
(4) Every such application shall be accompanied by a
copy of the wakf deed or if no such deed has been
executed or a copy thereof cannot be obtained, shall
contain full particulars, as far as they are known
to the applicant, of the origin, nature and objects
of the wakf.
(5) Every application made under sub section (2)
shall be signed and verified by the applicant in the
manner provided in the code of civil procedure,1908
(5 of 1908) for the signing and verification of
pleadings.
(6) The Board may require the applicant to supply
any further particulars or information the it may
consider necessary.
(7) On receipt of an application for registration,
the Board may, before the registration of the wakf
make such inquiries as it thinks fit in respect of
the genuineness and validity of the application and
correctness of any particulars therein and when the
application is made by any person other than the
person administering the wakf property, the Board
shall, before registering the wakf, give notice of
the application to the person administering the wakf
property and shall hear him if he desires to be
heard.
(8) In the case of wakfs created before the
commencement of this Act, every application for
registration shall be made, within three months from
such commencement and in the case of wakfs created
after such commencement, within three months from
the date of the creation of the wakf:
Provided that where there is not Board at the time
of creation of a wakf, such application will be made
within three months from the date of establishment
of the Board.
37. Register of wakfs.- The Board shall
maintain a register of wakfs which shall contain in
respect of each wakf copies of the wakf deeds, when
available and the following particulars, namely.-
(a) the class of the wakf;
(b) the name of the mutawalli;
(c) the rule of succession to the office of
mutawalli under the wakf deed or by custom or by
usage;
(d) particulars of all wakf properties and all title
deeds and documents relating thereto;
(e) particulars of the scheme of administration and
the scheme of expenditure at the time of
registration;
(f) such other particulars as may be provided by
regulations.
38. Powers of Board to appoint Executive
Officer.-
(1) Notwithstanding anything contained in this Act,
the Board may, if it is of the opinion that it is
necessary so to do in the interests of the wakf,
appoint on whole-time basis or part-time basis or in
an honorary capacity, subject to such conditions as
may be provided by regulations, an Executive Officer
with such supporting staff as it considers necessary
for any wakf having a gross annual income of not
less than five lakhs rupees:
Provided that the person chosen for appointment
should be a person professing Islam.
(2) Every Executive Officer appointed under
sub-section (1) shall exercise such powers and
discharged such duties as pertain only to the
administration of the property of the wakf for which
he has been appointed and shall exercise those
powers and discharge those duties under the
direction, control and supervision of the Board:
Provided that the Executive Officer who is appointed
for a wakf having a gross annual income of not less
than five lakhs rupees shall ensure that the budget
of the wakf is submitted, the accounts of the wakf
are regularly maintained, and the yearly statement
of accounts are submitted within such time as the
Board may specify.
(3) While exercising his powers and discharging his
functions under sub-section(2), the Executive
Officer shall not interfere with any religious
duties or any usage or custom of the wakf sanctioned
by the Muslim law.
(4) The salaries and allowances of the Executive
Officer and his staff shall be paid by the Board and
in fixing the quantum of such salary the Board shall
have due regard to the income of the wakf, the
extent and nature of the duties of the duties of the
Executive Officer and shall also ensure that amounts
of such salaries and allowances are not
disproportionate to the income of the wakf and do
not operate as an unnecessary financial burden on
it.
(5) The salaries and allowances of the Executive
Officer and his staff shall be paid by the Board
from the Wakf Fund and, if the wakf generates any
additional income as a result of appointment of the
Executive Officer, the Board may claim reimbursement
of amounts spent on the salaries and allowances from
the fund of the wakf concerned.
(6) The Board may, for sufficient reasons, and after
giving to the Executive Officer or a member of his
staff, reasonable opportunity of being heard,
suspend, remove or dismiss the Executive Officer or
a member of his staff from his post.
(7) Any Executive Officer or a member of his staff
who is aggrieved by any order of removal or
dismissal made under sub-section(6) may, within
thirty days from the date of communication of the
order, prefer an appeal against the order to the
Tribunal and the Tribunal may, after considering
such representation as the Board may make in the
matter, and after giving a reasonable opportunity to
the Executive Officer or a member of his staff of
being heard, confirm, modify or reverse the order.
39. Powers of Board in relation to wakfs which
have ceased to exist.-
(1) The Board shall, if it is satisfied that the
objects or any part thereof, of a wakf have ceased
to exist, whether such cesser took place before or
after the commencement of this Act, cause an inquiry
to be held by the Chief Executive Officer, in the
prescribed manner, to ascertain the properties and
funds pertaining to such wakf.
(2) On the receipt of the report of inquiry of the
Chief Executive Officer, the Board shall pass an
order-
(a) specifying the property and funds of such wakf;
(b)directing that any property or funds pertaining
to such wakf have been recovered shall be applied or
utilized for the renovation of any wakf property and
where there is no need for making any such
renovation or utilization of the funds is not
possible, be appropriated, to any of the purposes
specific in sub-clause (iii) of clause (e) of
sub-section (2) of Section 32.
(3) The Board may, if it has reason to believe that
any building or other place which was being used for
religious purpose or instruction or charity has,
whether before or after the commencement of this
act, ceased to be used for that purpose, make an
application to the Tribunal for an order directing
the recovery of possession of such building or other
place.
(4) The Tribunal may, if it is satisfied, after
making such inquiry as it may think fit, that such
building or other place-
(a) is wakf property;
(b) has not been acquired under any law for the time
being in force relating to acquisition of land or is
not under any process of acquisition under any such
law, or has not vested in the State Government under
any law for the time being in force relating to land
reforms; and
(c) is not in the occupation of any person who has
been authorised by or under any law for the time
being in force to occupy such building or other
place, make an order-
(i) directing the recovery of such building or place
from any person who may be in unauthorised
possession thereof, and
(ii) directing that such property, building or place
be used for religious purpose or instruction as
before, or if such use is not possible, be utilised
for any purpose specified in sub-clause (iii) of
clause (e) of sub-section (2) of Section 32.
40. Decision if a property is wakf property.-
(1) The Board may itself collect information
regarding any property which it has reason to
believe to believe to be wakf property and if any
question arises whether a particular property is
wakf property or not or whether a wakf is a Sunni
wakf or a Shia wakf it may, after making such
inquiry as it may deem fit, decide the question.
(2) The decision of the Board on a question under
sub-section (1) shall, unless revoked or modified by
the Tribunal, be final.
(3) Where the Board has any reason to believe that
any property of any trust or society registered in
pursuance of the Indian Trusts Act, 1882 (2 of 1882)
or under the societies Registration Act, 1860 (21 of
1860) or under any other Act, is wakf property, the
Board may notwithstanding anything contained in such
Act, hold an inquiry in regard to such property and
if after such inquiry the Board is satisfied that
such property is wakf property, call upon the trust
or society, as the case may be, either to register
such property under this Act as wakf property or
show cause why such property should not be so
registered:
Provided that in all such cases, notice of the
action proposed to be taken under this sub-section
shall be given to the authority by whom the trust or
society has been registered.
(4) The Board shall, after duly considering such
cause as may be shown in pursuance of notice issued
under sub-section (3), pass such orders as it may
think fit and the order so made by the Board, shall
be final, unless it is revoked or modified by a
Tribunal.
41. Power to cause registration of wakf and to amend
register.-The Board may direct a mutawalli to apply
for the registration of a wakf, or to supply any
information regarding a wakf or may itself cause the
wakf to be registered or may at any time amend the
register of wakfs.
42. Change in the management of wakfs to be
notified.-
(1) In the case of any change in the management of a
registered wakf 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.
43. Wakfs registered before the commencement of this
Act deemed to be registered.-Notwithstanding
anything contained in this chapter, where any wakf
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 wakf 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.
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