THE KERALA WAKF RULES, 1996



In exercise of the powers conferred by section 109 of the Wakf Act, 1995 (Central Act 43 of 1995) the Government of Kerala hereby make the following rules, namely .-

Rules

CHAPTER I


1. Short title and Preliminary Commencement.-

(1) These rules may be called the Kerala Wakf Rules, 1996.

(2) They shall come into force at once.



2. Definitioins-

(1) In these rules unless the context otherwise requires-

(a) ‘Act’ means the Wakf Act, 1995 (Central Act 43 of 1995);

(b) ‘Board’ means the Kerala Wakf Board established under sub-section (1) of section 13 of the Act;

(c) ‘Candidate’ means a person qulified to seek election,who has been duly nominated in accordance with these rules;

(d) ‘Chairperson’ means the chairperson of the Board elected under sub-section (8) of section 14;

(e) ‘Chief Executive Officer’ means the chief executive officer of the Board appointed under sub-section (1) of section 23;

(f) ‘clear days’ means the number of days to be counted excluding the first and the last day;

(g) ‘continuing candidate’ means a candidate not elected or not excluded from the poll at any given time;

(h) ‘Elector’ means a person who is qualified to vote at the election;

(i) ‘Exhausted paper’ means a ballot paper on which no further preference is recorded for continuing candidate provided that a paper shall also be deemed to be exhausted in any case in which-

(1) the names of two or more candidates whether continuing or not are marked with the same figure and are next in earlier preference;

(2) the names of the candidates next in order of preference whether continuing or not, is marked by a figure not following consecutively after some other figure on the ballot paper or by two or more figures;

(j) ‘First preference’ means the figure, set opposite to the name of any candidate, second preference means the figure 2 set opposite to the name of any candidate;

(k) ‘form’ means a form appended to these rules;

(l) ‘Government’ means Government of Kerala;

(m) ‘Original votes’ in regard to any candidate means the votes derived from the ballot papers on which a first preference is recorded for such candidate;

(n) ‘Surplus’ means the number by which the votes of any candidate, original and transferred exceed the quota as defined in rule 42;

(o) ‘Survey Commissioner’ means the Survey Commissioner of Wakf appointed under sub-section (1) of section 4 and includes any additional or Assistant Survey Commissioner of Wakf under sub-section (2) of section 4;

(p) ‘Section’ means Section of the Act;

(q) ‘State’ means State of Kerala,

(r) ‘Transferred vote’, in regard to any candidate means a vote credited to such candidate and which is derived from a ballot paper on which a second or subsequent preference is recorded for such candidate;

(s) ‘Unexhausted paper’ means a ballot paper on which a further preference is recorded for a continuing candidate;

(t) ‘Tribunal’, in relation to any area, means the Tribunal constituted under sub-section (1) of section 83, having jurisdiction in relation to that area;

(2) Words and expressions used but not defined in these rules, but defined in the Act, shall have the meanings respectively assigned to them in that Act.







 

 

 

 

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