SERIES I No. 27 OFFICIAL~GAZETTEgoaprintingpress.gov.in/downloads/9798/9798-27-SI-SUG-1.pdf101. Survey Commissioner. members and officers of the Board, deemed to be public servants

REGD.GOA-'

Panaji, 3rd October, 1997 (Asvina 11, 1919) . , ..... !.... . SERIES I No. 27

OFFICIAL~GAZETTE GOVERNMENT OF GOA

SUPPLEMENT GOVERNMENT OF GOA

Department of Law & judiciary

Legal Affairs Division

N otificatiou

10-5-96/LA

The WakfAct, 1995 (Central Act 43 ofl995), which has been passed by Parliament and assented to by the President of India, on 22nd November, 1995 and published in the Gazette ofIndia, Extraordinary, Part II, Section J, dated 22nd November, 1995 is hereby published for general information of the pUblic.

/" I . . .

P. V. Kadneker, Joint Secretary (Law).

Panaji, 1st April, 1996.

THE WAKF ACT, 1995

ARRA,'iGEMENT OF SECTIONS

) CHAPTER J

Preliminary

Sections

1. Short title, extent and commencement. 2. Application of the Act. 3. Definitions.

CHAPTER II

Survey of Wakfs

4. Preliminary survey of wakfs. 5. Publication oflist ofwakfs. 6. Disputes regarding wakfs.

7. Power of Tribunal to determine disputes regarding wakfs. 8. Recovery of costs of survey.

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CHAPTER ill

Central Wakf Council

Sections

9. Establishment and constitution of Central Wakf Council.

10. Finance of Council.

11. Accounts and audit.

12. Power of Central Government to make rules.

CHAPTER IV

Establishment of Boards and their functions

13. Incorporation.

14. Composition of Board.

15. Term of office.

16. Disqualification for being appointed, or for continuing as, a member of the Board.

17. Meetings of the Board.

18. Committees of the Board.

19. ReSignation of Chairperson and members.

20. Removal of Chairperson and members.

21. Filling of a vacancy.

22. Vacancies, etc., nOllO invalidate proceedings of the Board.

23. Appointment of Chief Executive Officer and his term of office and other conditions of service.

24. Officers and other employees of the Board.

25. Duties and powers of Chief Executive Officer.

26. Powers of Chief Executive Officer in respect of orders or resolutions of Board.

27. Delegation of powers by the Board.

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28. Chief Executive Officer to exercise power through Collectors, etc

29. Powers of Chief Executive Officer to inspect records, registers, etc.

30. Inspection of records.

31. Prevention of disqualification fot membership ,)f Parliament.

32. Powers and functions of the goard.

33. Powers of inspection by Chief Executive Officer or persons authorised by him.

34. Recovery of the amoulll determined under section 33.

35. Conditional attachment by Tribunal.

CHAPTER V

REGISTRATION OF WAKFS

36. Registration.

37. Register of wakfs.

38. Powers of Board to appoint Executive Officer.

39. Powers of Board in relation to wakfs which have ceased to exist.

40. Decision if a property is wakfs property.

41. Power to cause registration of wakf and to amend register.

42. Change in the management of wakfs to be notified.

43. Wakfs registered before the commencement of this Act deemed to be registered.

CfIAPTER VI'

MAINTENANCE 'OF ACCOUNTS OF WAKFS

44. Budget.

45. Preperation of budget of wakfs under direct management of. lIle Board.

46. Submission of accounts of wakfs.

47. Audit of accounts of wakfs.

48. Board to pass orders on aUditor's report.

49. Sums eertlified to be due recoverable as arrears ()f land revenue.

50. Duties of mutawalli.

51. Alienation of wakf property without sanction of Board to be void. , 52. Recovery of wakf property transferred in contravention of

section 51.

53. Restriction on purchase of property on behalf of wakf.

OFFIClAL GAZETTE -- GOVT. OF GOA (SUPPLEMENT)

54. Removal of encroachment from wakf property.

55. Enforcement of orders made under section 54.

56. Restrictions on power to grant lease of wakfproperty.

57. Mutawalli entitled to pay certain costs from income of will property.

58. Power of Board to pay dues in case of default by mutawalli.

59. Creation of reserve fund.

60. Extension of time.

61. Penalties.

62. Mutawalli not to spend any money belonging to wakf for self defence.

63. Power to ar:>point mu·tawallis in certain cases.

64. Removal of mutawalli.

65. Assumption of direct management of certain wakfs by the Board.

66. Powers of appointment and r~Jlloval of mutawalli when to be exercised by the State Government.

67. Supervision and supersession of committee of management

68. Duty of mutawalli or committee to deliver possession of records. . etc.

69. Power of Board to frame scheme for administration of wakf.

70. Inquiry relating to administration of wakf.

71. Manner of holding inquiry.

CHAPTER VII

FINANCE OF THE BOARD

'72. Annual contribution payable to Boanl.

73. Power of Chief Executive Officer to direct banks or other persOn to make payments.

74. Deduction of contribution from perpetual annllity p-ayable to the wakf.

75. Power of Board tp borrow.

76. Mutawalli not to lend or borrow moneys without sanction.

77. Wakf Fund.

78. Budget of Board.

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79. Account, of Board.

80. Audit of accounts c'[ Board.

81. State Government \t' pass orders on auditor's report.

82. Dues of Board to be recO\'erec1 as arrears of land revenue.

CHAPTER VIll

JUDICIAL PROCEEDINGS

83. Cons,titulion, of Tribunals, etc.

3Ii]) ()( TOI!Fl

84. Tribunal to hold proceedings expeditiously aodlo furnish to the parties copies of its decision.

85. Bar of jurisdiction of civil courts.

86. Appointment of a recei vcr in certain cases.

87. Bar to the enforcement of light on behalf of unregi;iercd wakfs.

88. Bar to challenge of validity of any notification, etc.

89. Notice of suits by parties against Board.

90. Notice of suits, etc., by courts ..

91. Proceedings under the Act 1 of J894.

92. Board to be party to suit or proceeding.

93. Bar to compromise of suits by or against mutawalli.

94, Power to make application to the Tribunal in case of failure of mutawalli to discharge his duties.

95. Power of appellate authority to entemin appeal after expiry of lpecified period.

CHAPTER lX

MISCELLANEOUS

96. Power of Central Government tl:> regulate secular activities of wakfs.

97. Directions by State Goyernment

98. Annual report by State Goyernment

99. Power to $upersede Board.

100. P~otection of action 'taken in good faith.

101. Survey Commissioner. members and officers of the Board, deemed to be public servants ..

102. Special llrovision for reorganisation of certain Hoards.

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103. Special provision for establishment of Board for part of a State.

104. Application of Act to properties given. or donated by persons not professing Islam for support of certain wakf.

105. Power of Board and Chi,f EXl,cutive Officer to require copies of documents etc., to be furnished.

106. Powers of Central Government 10 CQnstih.t~ common Board •.

1()7. Act 36 of 1953 notto apply for recovery of wakf prOpelties.

108, Special provision as to evacuee wakf properties.

109. Power to make rules.

110. Powers to make regulations by Board.

111. Laying of rules and regulations before State Legislature.

112· Repeal and savings.

113. Power to remove difficuJti~s.

TIIEWAKFACT,1995

(As passed by the Parliament)

An

Act to . p"kWide fOr th:e better' iidiiiiiiiStiiliiiim. ofWakf8. and for ~. con-

llected t"hereuntn or incidenta.l thereto. BB it enacted by Parliam~t in the Forty-sixth Year of ~ Republic

of India as follows :- . .

CHAPTER I

PRELIMINARY

1. (1) ThisA6t may be called the Wakf Act, 1995. SI10rt

(2) It extends to the whole of India except the State of Jammu and title,

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l(ashJ;nir. '. extent and

commence" (3) It.\lhall come intp force in ,a Sw.te on such date as the Central' meat ..

Gowrlunent ma,y,.l>y notification in the Official Gazette; appOint; and differentd,ates m~y bellPpointed for~t areas Within a State and for different proVisions of this Act". and any referen.cti'inany proVision to tl:ie commencement of thisAct,'sha11;in relation toanySta:te oral:ea. therein, be conStrued as r~ference to .the. COrnmeJ:lcement of~that prOvision in . such state oratea:" '.

2. ,Saye as. otherwise expressly provided. under 1Ihis . Act, tliis. Act Aj:>pIica-sHall apply to all wakfs whether createdMoreor~ter·~·Conmi.ence_tiori of riletit of this Act': ,'-:t' ."~ ',,~;:';

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:1. In tillS Act w:Less ttl.: \,.'ont0xt otherwise tequit\,;s -.~

3RD OC'TOIlI,

,") "bene1iciury" means a person or object for whose benefit a wakE ;5 created and includes religious, pious and charitable objects alld uny other obj"cls {If public utility sanctioned by the Muslim law;

~b) "benefit" does not include any benefit which a mUlawallt IS entitled tv claw. solely by reason ot his being such mutawalli;

V:) "Board" means a Board of Wakf established under sub-s~clion (1), or as the case may be, under sub.sec[ion (2) of section 13 and shall includ~ a common Wakf Board established under section 106;

(, a) "Chief Executive Officer" means the Chief Executive Officer appointed under sub-section (1) of section 23;

(e) "Council" means the Central Wakf Council established under section 9;

(f) "Executive Officer" means the Executive Officer appointed by the Board under sub-section U) of section 38;

(g) "list of wakfs" reeans the list of wakfs published under sub-section (2) of ,ection a;

.. (h) "member" means a member of the Board and includes the Chairperson;

(i) "mutawalli" means any person appointed, either verbally . or under any deed Of instrument· by which a wakf has been created, or by a competent authmity,' to be the mutawalli of a wakf and in-cludes any person who is a mutawalli of a wakf by virtue of any custom Or who is a naib-mutawalli, khadim, mujawar, sajiadanashin, amin or othe'rperson appointed by a mutawalli to perform the duties of a mutawalli and save as otherwise provided in this Act, any per-son, committee or corporation ror the time being managing or adminis-tering any wakf or wakf property:

Provided that no member of a committee or corporation shall be deemed to be a mutawalli unless such member is an office bearer of such committee. or corporation;

(j) "net annual income", in relation to a wakf means net annual , , lUcome determined in accordance with the provisions of the Explanation!; to sub-section (1) of section 72;

, Oe) "person interested in a wakf" means any person Who is en-tItled to receive any pecuniary or other benefits from the wakf and includes -

(i) any pen;'on who has a right to worship or to perform any religious rite in a mosque, idgah, imambara, dargah, khan-gah, maqbara, graveyard or any other religious institution COIl .. -nected, with the wakf Or to participate in any religions or chari-table institution under the wakf;

(ii) the .walti! and any descendant of the wa'kif and the muta-waIli;

(I).. "prescribed", except in Chapter III, means prescribed by rules made by the State Government; .

, (m) "regulations" means the regulations made bylthe Board "il,dl'r this Act; .

(n) "SMa wald" means a wakfgoverned by Shia. law;

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(0) "Sitnni wakC means a wakf governed bySunni law;

lP) "Survey, Commissioner" means the Survey Commissioner of W1Ikf appointed under sub-section (1)· of section 4 and includes any Additional or Assistant Survey Commissioners of Wakfs uuder' Sub-section (2) of section 4; .

(q) "Tribunal", in relatioil to any area, means the Tribunal constituted under sub-section (l) 01 section 83. having jurisdiction in relation to that area;

(r) "wakf" means the permanent dedication by a person professing Islam, of any movable or immovable property for any. purpose recognised by the Muslim law as pious, religious or charitable and includes-

(i) a wakfby user but such wakf shall not cease to be a wakf by reason only of the user having ceased irrespective of the periOd of such cesser;

(ji) "grants", including mashrut-ul-khidmat for any purpose recognised by the Muslim law as piou~, religious or charitable; and

(iii) a wakf-alal-aulad to the extent to which the property ia dedicated for any purpose recognised by Muslim law as pious, reli-gious or charitable,

and "wakf' means any person making such dedication;

(9) ''wakf deed" means any deed or instrument by which a wakf has been created and includes any v!)1jd subsequent deed or instrument by which any of the terms of the original dedication have been varied;

(t) "Wakf Fund" means a wakf fund formed under sub-section (1) of section 77.

CHAPTER II

SURVfiY OF WAKFS

4. (1) The State Government may, by notification 10 tlie Official Gazette. appoint for the State a SlIl'Vey Conunissioner cif Wakfs and as rnany Additional or Assistant Survey Commissioners of Wakfs as may be necessary for the purpose ofrnaking a survey of wakfs existing in the State at thedme of the cortunence-. . ment of this Acl

(2) All Additional and Assistant Survey Commissioners of Wakfs sball perforrntbeir functions under this. Act under the general supervision and control of the Survey Commissioner of Wakfs. . .

. (3) The Survt1Y Commissioner shall, after mllking such inquiry as he may CO!ll!lder necessary, submit his report, itt respect of walds existing at the date

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OFFICIAL GAZETTE - GOVT. OF GOA (SUPPLEMENT) 31W OCTO/iF/I. NY"

(a) the UllU)tH.:!· of wills ;n tlx State showing the Shia wa.kfll ~Il{~ Sunn:' wG.~~fs s~puralely;

\ h) the natUl'e and objects of (;ach wakf;

tel the 'gTOSS iUC0111e or t l)e properiy comprised in each wakf; ,

(el) illc amount of land revenue. eeS>les, rates and taxes payable in respect (jf each wakf;

(e) 1he expenses jncurred in the realisation of the income and Dav 0)" other remuneration Q'f the mutawalli of -each wakf; and , .. (f) such ot.her particulars relating to each wak! as may be

prescribed.

(4) The Survey Commissioner shall, while making any inquiry, have the same puwers as are vested in a civil court under the Code of Civil Procedure: 1908 ;n resp"ct of the followin g matt!'1"'S, namely:-

(at summoning and cXalni:ning Dny wlrner,s~ "

(b) requiring the rliscovery 8"d 1>17(>duction of any document:

(c) requisitioning any public record 'from any court or office;

(d) issuing commissions .tor I.he examination oiany witness

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G. (1) .If any question arises whether a particular property specUied as wakf property in the list of wakfs is wakf property or not or wl1ethe> a wakf speciJiedin such list is a Shill wakf or Sunnj wakf,the Board or lhe mu,awalli of the wakf 01· any person interes.ted therein may institute a suit in a Tribunal for thedecisionof lhequestion and the decision of the Tribunal in respect of such matter. shall befina1:.

Provided that no such suit.shall be entertained by the 'fribunalattet the expiry of one year from the date of the publication of thellst of wakfs,

Explanation.~For the purposes of th.is section· and section 7; the ·expression "any person interested therein", shall, in relation· to any property speciJied as wald property in the list ofwakfspublished after the commencement of this· Act,shal1 include also every person wh!), though not interested in the wakf concerned, is interested in such pro-perty and to whom a reasonable opportunity had been· afforded· to re-present his case by notice served on him in that· behalf during the course of the relevanl inquiry under section 4:

(2) Notwithstanding anything contained in sUb-section (l), no pro-ceeding under this Act in respect of any wakf shall·· be stayed by reason Qnly of the pendency of any such. suit or of ailY appeal 'n,. other proceed·· lng arising out of such suit,

(3) The Survey Commissioner shall not be made a party to any suit ·under sub-section (1) and no suit, prosecution or other legal proceeding shall lie against hinl in respect of anything which is in good faith dOlle 0, intended to be done in pursuance . of this Act or any rules made there-, under.

(4) The list of wakfs shall, unless· it is modified in pursuance of a decision or. the Tribunal Ullder sub-sectiOll (i), be. final and conclusive:

(5) On and from the commencemellt of this Act in ·a State, 110 suit or other legal proceeding shall be instituted or conunenced in a court in that State in relation to any question referred to in sub-section (1).

7. (1) 1£; after the commencement. Qfthis Act, any question arises . whethE'l' a particular property specified as wakf property in a. list ox wakfs is wakf property or not, or whether a wakf specified in such list Is a Sma wakf or. a Sunni wakf, -the Board or the muta",alli of the wak£.

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(SUPPLEl\1ENT) 3RD OCTOBER, 199

m~y lie entertllinY a civil cCJUrt.· ina suit. iristJtllJed' befur.e. such. commence-ment, . the 'f'ribunill shilll. not re:opensuch qUesti\m, . ....

(2) Except Whel'e thel'ribunal .has no jurisdIction by reason of the pro1{isionsofsllb.,secliou(5),no proce.eding under this sectj')ll ill.respect of any wakf shfiUbestayedbyany court,. trlbuD.uor. other .autl)Ority by reason only of the pendency of any suit, application or ap1Jl"a1 or other. pr6c~g arising out of liny such suit, application, appeal or other proceeding. . .

(3lThe Chief Executive Officer shall liot be made a party to 2ny applicatioII undetsub-section (1) .

. (4)'tne list of wakfs and where any such list is modified in. pursu-ance of a decisioti of the Tribunal under sub-Section (7), the list as So modified, shall be final. . .

(5) The. Tribunal shall not have jurisdiction to determine any matter which is . the s~bject-matter of any suit or proceeding' instituted Dr COm-lnenceCl.in acivll CDUrt undersuo,·section (1) of section 6, hefore the Co~encementof this Act or which isth~ subject-matter of any appeal from the decree passed befure such. commencement in any such suit or proceeding Or of a.-rty application for revision or review arising out of such' suit, proceeding ar appeal, as the case may be.

ReooveI1 8, (1) The. total cost of making a siJrveyincluding the cost ofpubli-of costs of catiOn of the liSt or lists of wakfs under this Chapter shall be borne by all """"1.. the mutawillli of the wakfs the net annual income wheroofexceeds five

EstabJisb-ment·-~

"eonslinr lion of" Centnol Wakf Council

hundred rupees, in proportion to the net annual income accruing in the State to such wakfS, such proportion being' assessed by the Survey Commissioner,

. (2) NotWithstanding anything contain~d in the deed Or instrument by which thewakf was created. any mutawal1,i may pay from the jnCOme' of the wald any sum due from him nnder sub_section (1).

(3) Any sum due from II mutawsHi under sub-section (1) ·may, on a certificate issued by the State C-rllvernment, be re~overed from the pro-perty comprised in the wakf in the tame manner as an arrear of land revenu~.

CHAPTER. III CENTRAL .WAln' COUNCIl., .

9. (1) For the purpose of advising it, on· matters concertung the working of' Boards and . the dll;e adminWation. of wakfs, the' .' Centra] Government may, by notification in the Official G8~etr.e, establish a Council to be called the Centra1Waki Council .

(2) The Council shall consist bf,-' (a) the Union Miuister in charge ofwa!9's-ex officio Chairperson;

. (b~ the followingmemhers to be appointed by the CentralGov-ernment from amongst Muslims,. namely:-' - .

(i) three persons to repreSent Muslim organisations having all India character .and nationiU impOrtance;

(it) . fOlir persons of national eminence of whom .tWo shall

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be from amongst persons having administrative and financial expertise;

. (iil) three Members of Parliament of whom two shall be from· the House·of the People and one frol)1 the Council of

. States; . .

(iv) chairpersons of three Boards by rotation;

(v) two persons who have been Judges of . the Supreme Conrt or a High Court;

(vi) one advocate of national eminence;

(vii) one person to represellt the mutawallis of the wakf hav-ing a gross annual income of rupees five lakhs and above;

(viii) three persons who are eminent scholars in Muslim Law . • (3) The tenD of offiee. of, the procedure· to be fonowed in the discharge of

their functions by, and the manner of filling ~snal vacancies among, members of the ConneD shall be sDch as may he pre$criben by roles made by the Cenbl Government.

10. (1) Every Board shaD pay from its Wakf Fund annuaDy to the Council Finance such contribution as is equivalent to one per cent. of the aggregate of the . net of annual income of the wakfs in respect of whicb contribution is payable under COUncil. sub-section (1) of section 72:

PrOVided that where the Board, iu the case of any particular wakf has remitted under sub-section (2) of section 72 the whole of the contribution payable to it under sub-section (1) of that section, then for calculating the con-tribution payable to the Council under this section the net annual income of the wakf in respect of which such r.emission has been granted shall not be taken into account.·

(2)AI1 monies received by the Council under. sub-section (1) and aD other monies received by it· as donations, benefactions and grants shall form a fund to be called the Central Wakf Fund.

(3) Subject to any rules that may be made by the Central Government in this behalf, the Central Wakf Fwd shall be under the control of the Council and may be applied for such purposes as the Council rna y deem fit.

U. (1) The Council shall cause to be maintained such books of account and other. books in relation to its accounts in s\lch form and in such manller as may be prescn"bed by rules made by the Central GOVernment.

(2) The accounts of the Council shall ba .audited and examlned annually by such auditor as may be appointed by the Cent.raJ Government.

(3) The costs of the audit shall be paid from the Central Wakf Fund.

12. (1) The Central Governrrient may, by notification .in the Official Gazette, make rules to carry out the purposes of this Charter.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide. for . all Or any of the following matters, namely:-

(a) the term of office of; the procedure to be followed . in the dis-charge of their functions by, and the manner of filling. casual vacancie~ among, the members of the Council;

(b) control over and application of the Central Wakf Fund;

(c) the form and manner in which. acCounts of th.eCouncil may. be maintained

Accounts and Audit

Power of Central Govern-t;nent to make mJes,

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OFFICIAL GAZETTE - GOvr. OF GOA (SUPPLEMENT) 3flD OCYOBER. 1997

(3) Every rule made by Ill" C"nira! tiove\11lUenl tmder thiS Chapter shall be laid, as soon as may be- ~ifteT il i~' made, before' eac-h Honse, of Parliament,. while it is in session for a total period of thirty. days, whlch may be comprised in one- session or· in twn nr more s.w~Tessi\'e sessions, a~ld if, 'before the expiry of the session immediately following, the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or botn Houses' agree that the rule should nOI be roade, the rule shall thereafter .. have effect only in s\lch modified fonn or be of no effect, as the case may be; so, however, that any such modification or ,,,mulment' shall be without prejudice to the vaiidity of anything previously done under t.hat rule.

CHAPTER IV

13. (1) With effect from suClh date as the State Government may, by notification in the Official Gazette, "'ppoin! in this behalf, there shall be es-tablished a Board of Wakfs under such tlame as may be specified in the notification.

(2) Notwithstanding anything contained in sub-section (1), if the Shla wakf" ill any State constitute in number more than fifteen per cent .. of all the wakfs in the State or if the income of the properties of the Shia wakfs in the' State constitutes more than fifteen per cent. of the total income of properties o1'all the wakfs in the State, the State Governmeut may; by notification in the Official Gazette, establish a Board of Wakfs each for Sunni wakfs and for Shia wakfs under such names as may be specified in the notification.

(3) The Board shall be a body corporate having perpetual succession and a common sea' with power to acquire and hold proper.ty and to transfer any such property subject to such conditions and restrictions as may be prescribed and shall by the said name sue and be sued.

14. (1) The Board for a State and the Union territo.,.. of Delhisball consist of-

(a) a Chairperson:

(b) on~ and not more than two members, as the State Government may think fit, to be elected from each of the electoral colleges consisting of-

(i) Muslim Members of ,Parliament from the State Qf, as the ease may be, the Union territory of Delhl_

(Il) Muslim Members of the State Legislature,

(iil) Muslim Members of the Bar Council of the Slate, and

(iv) mutawallis of the wakfs having an annual lncome of rupees one lakh and above; .

(e) one and not. more than two members to be nominated by the State Government representing eminent Muslim organisations;

(d) one and not more than two members to be nominated by the State Government, each from recognised scholars in Islamic Theology;

(t') an officer.of the State Government not below the rank of Deputy Secretary_

(2) Election of the members specified in clause (b) of sub"section (1) shall be held in accordance with the system of proportional represen-tation by means of a single transferable vote, in such manner as may be prescribed:

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. ProVmedthat wheretne ilUll1berof Muslim Membersoi Parliament; theSla~ Legts4ture or the State Bar Councl1,aslhe case maybe •. is only one;.slichMuslim. Membei! shalibedeclaredt~have been elected on IheBoard:' . '. . .' .' "., . - c .

. . . Provided further that where there are no MuslimM¢bersinany .or the categories mentioned in sub-clause (f)to(ili) . of' claUse (b) of sub-section (1),the eX"Musfun MeIIlberS of Parliament, the State Legislature Qrex-memberof the State Bar Coimcil; as the case maybe, shall consti-tute the elec!ol'alcollege,. . .' . [

(3)' Notwithstanding anything contained in this section, where the · State Government is Sij,tisfied,for reasons to be recorded in writing; that · it is notreasonalilypracticable to constitute an electoral college for any

'. of the categories mentioned in suh'clailSes (i) to (iji) Of clause (b) of au!). · sectiOn (1), the State Government may 'I1Ominate such persons a~ . the

members of. the Board as it dectnS. fit:

(4) The riumber of elected merilbers. of the Board sh.all at, all timEl$, . be m.ore than the nominated members of the Board e}{cept as provided unaersub-section (3). .

(5) Where thexe are . Shia wakfs but n; separate Shia Wakfs Board exiSts, at 1 ~stone of the members from the categories listed in sub-section (1), shall be a Shia Muslim. .

'(6) In deti:rmil1ing the number of Shia members oc Sunni members of the Board,the State GoVef1l11Wllt shall ha,veregard to the number and va,!!le· of Shia wakfs and Sunni wakfS to be administered by the Board and awOintment of the members shall be.made, so far as may be, in accordance

. with such. determination. . '. . ..; .' . '. . . , . . .,

, ' . (7) lIithe case 'of the Union territory 'other than Delhi, the 'Board shalt consist of not lessilianthree and not more than five members to be appointed by the Central Govemrnent frOll) amongst the categories of persOD$ specified in sub-section: (1): . . .' ..

. Provided that there shall be one mutawalli as the member of the Board,

' .. (8) Whenever the BOard is .constif!1ted or re-constituted. the. members of the Board' present at a meeting convened for .the purpose shall elect one from amongst themselves. as the Chairperson of the Board.

(9).The members of the Board;shallbe appofnted'bythe State Gov-ernment by notification in the Official Gazette.. : .' .

IS, The members of the Board shall.hold ofiice fot a term of five years,

16. A person shallbe disqualified for being appointed, odor conti· lllling as, a. lllember of the Board if..o...: .

(Ii) he is not a MuSlim and is less than twenty-one years of age; . ..,:

(b) he. is. f()und to be a EersoiJ: ofuitSQuno mjnd;

(~)he is iUJ undischar~ed insolvent; . ..

Term of. office.

Disqua-lifu:atioll

. forbeiug ap,pomt-eel, or for continu-ing as,. a member of ill •.. !Ioar4. '.

. _=-=--

471 .')FRIES 1 Vo. 27

Mee'in~ of the Board.

Committees of the

Board.

Resigna-tion of Chair-petsonand memberS'.

RemOVflI of Chair person 'and membe-r.

FiIlin, ofa ~.-cy .

OFFICIAL GAZETTE - GOVT. OF GOA (SUPPLEMENT) 3RD OCTOBER. 1997

(d) he has been cOllvicted of atr offenceiuvolving moral -turpj., tude and such conviction has not been reversed or he has not been granted full pardon in respect of such offence; , ' ..

(e) he has been on a previous occasion-

(I) removed from his office as a member or as a mutawaIli, or

(Ii) removed by an: order of a competent court or tribunal from any position of trust either for mismanagement or for cor-ruption.

17. (1) The Board shall meet for the transaction of business at such time and places as may be provided by regulations.

(2) The Chairperson, or in his absence, any member chosen by the members frOm amongst themselves shall preside at a meeting of the Board.

(3) Subject to the provisions of this Act, all questions which come before any meeting of the Board shall be decided by a majority of votes of the members present, and in the case of equality of votes. the Chair,-person or, in his absence, any other person presiding shall have a second or casting . vote. '

18. (1) The Board may, whenever it considers necessary, establish either generally or for a particular purpose or for any specified area or areas committees for the supervision of wakfs.

(2) The constitution, functions and duties and the term of office of such committees shall be determined from time to time by the Board:

Provided that it shall not be necessary for the . members of Siic:II; committees to be members of the Board.

19. The Chairperson or any other member may resign his office by writing under his hand addressed to the State Gdvemment:

Provided that the Chairperson or the member shall continUe. in offic~ until the appointment of his successor is notified in the Official Gazette,

20. (1) The State Government may, by notification in the Official Gazette,remove the Chairpersop: of the Boru:d or any member thereof if he-

(a) is or becomes subject to any disqualifications specified in section 16; or

(b) . refuses to act or is incapable of acting ot acts in a man. ner which the State Government, after hearing any explanation that he may offer, considers to be prejudicial to the interests of the wakfs; or.

'(C) fails in the opinion of the Board, to attend three consecutive meetin~ of the Board, without sufficient excuse.

(2) Where the Chairperson of the Board is removed under sub-see .. tion (1). he shall also cease to be a member of the Board.

21. When the seat of a member becolIles vacant by his removal, re-signation, death Or otherwise, a new member shall be appointed inbis place and such membl'! shall hold office so long as the member whose

SERIES I No. 27

. I

, ,.


475 3RD OCTOBF

'-.-

_~ I()

.\/-R ll';,\' / .\"0 ~,

Pa'Wea of Chiel lliecuU'Y('I OffiCe; in n;:t-:.pecl c1 onJc:"~ or resc!-u-.. tiv.u.:; u; Goard.

J.)e!ega-tiOD of powers by the Board.

Chief Exeeutive Officer to exercise power. through Collec-tOIS) etc.

Yowers of Chief Executive

Officer to inspect records, registers, etc.

hlspez·, t.ion of records,

~~ ",,,,-y,, """- --,",-,,~~,%~ ,~=~"!:;=="

OFFICIAL GAZETTE --.. GOYT OF GOA (SUPPLEMENT) 3Rf) (}( -IOIWK /99

7

.26. Where me Chiei Executive Officer con."ders \)1'" ~1, order ;>r J:l2,SO-J"dOll passed by the Board-

ta) has not belln pass

SERlES [:Vo. 27

1 of 1872.

OFFICIAL GAZETIE - GOVT OF GOA (SUPPLEMENT)

~77

3RD OCTOBFR, [997

(2) All copies issued lluder this .ectiOIl shall be certitled by Executive Officer 01 the Board in the manner provided m of the Indian Evidence Act, J 872.

the Chief section 76·

(3) Tne powers conferred Oil the Chief . Executive Officer by sub-3eCtion (2) may be exercised by such other officer or officers of the Board as may either generally or specially he anthorised in thi~ bebalf by' the Board.

31. It is hereby declared that the offices

nx "1'HIIi'" I 10. ,)7

OFFlCIAL GAZETTE -- GOVT. OF GOA (SUPPLEMENT) 31i/) {)('mUtJl, I

(lin in

I

----------- ---- -- -.-- -----"-----~-. ~"-------~ --~- "------_._------""

SERIES I No. 27

r

i:····.·. " . 'S

OFFICIAL GAZETIE - GOVT. OF GOA (SUPPLEMENT)

479 3RD OCTOBER, /JIIl

(9) generally do .all such acts as may be necessary for the control, maintenance and adnlinistraoon of wakfs~ " .

(3) Wllere the Board has settled any scheme of management under clause (d) or &iv7Dany dir(lCtlonunder clause (e) of sub-seetlon (2); any person !interested m tbe will or affected. by such settlement or directlon may institutr a'suitiu a Tribunal for. setting aside such settlement orditections and the . deci-sIon of the Tribunal thereon shall be final.

(4) Where the Board is salisfiedthat anywakf land, which is a wakf . property," off:rs a feasible potential for development . as a shopping centre, market, housmg flats andllie like, it may serve upon the niutawalli of the. concerned wakf a notice requitiug bim within such time, but not less than

. sixty days, as may be specified iu the notice, to convey its decision wbethe.tj he is willing to execute llie development works specified in the notice.

(5) On consideration of the reply, if any, recelved to theilotice issu;od under sub-section (4), the Board, if it is satisfied that the mutawalIi is not 'WIi!Iliug or is not capable of executing the works required to be executed in terms of tbe notice, it may, with the ·prior approval of the Government, take over the property, clear it of. any buildiug or structure lliereon, which, iu the opinion of the Board is necessary for execution of llie works and execute such works from Wakf funds or from the finances w!ticl! may be raised on the secu-rity Of the properties of the wakf concerned. llnd control and manage the properties till such time as all "-"penses incurred by the Board under lliis section, together with interest thereon, the expenditure ,on . main-teJIance of such works and otb er legitimate charges incurred on the property are recovered fro'1l the in.come derived from the property:

Provided that the Board shall compensate annually the mutawalli of the, concerned wakf to the extent· of the average annual net iucomederived from 1he property during the three years immediatcl.y preceding tbe taldng over of the property by the Board.

(6) After all the expenses as enumerated in sub-section (5) have been recouped from the income of the developed properties, the developed pro-

'perties shall be handed over to mutawalli of the concemed wald.

33. (1) With a view to examin:in~ Whether, by reason of auy failure or negligence on .the part of a mutawaIIi in the performance. of his executive or adminsitrative duties, lUIy loss or damage has been caused to any ,wakf or wakf property, the Chief Executive Officer with the prior approWll of the Board, either himself or any otber person authorised by him iu writing in this be~, may inspect all movable and immovable properties, which are· wakf. propeIfuls~ and all records, correspondences, plans, Bccou.nts and other documents relating thereto ..

(2) Whenever. any such inspeotion as referred to iu sub-seotion (1) is made, the concerned inutawa!li and all officers arid other employees working under him and every person connected with the administration· of the wakf,. shaUextend to the person making such inspection, all such . assistance and facilities as may be necessary and .. reasimably requited by him to carry out such inspection, and . shall also produce fo~ inspection any movable property or documents relatiilg to the wakf as' may be called fot by the person making the' inspection and furnish to" him such .infonnation relating to the wakf as" may be requi1ed bybim.

P~wers ofinspec-tionby Cbief

-EXecutive Officer Or persons authorised by him.

4?W .\Fl

SERlFSINo.27 OFFlCIAL GAZETIE - GOVT. OF GOA

(SUPPLEMENT) 481

3RD OCTOBER .. 1997

(b) is about to leJllOVethe whole or any partofhis property from the jurisdiction of'theChief Executive Officer, .

. "., . I. .

be may; with the prior approval of the BoiU:d, apply to the Tribuna1 for . the eonditiOlllllauac;hment of the said property or such part. thereof, as be may think lieus$ary. . ' . .

(2) 1'he:Chief Executive Officersball, unless theTn"buual otherwist. dir-ects, speIlify in the application the property required to be atta¢hed and the estimated value thereof • .

(3) The Tribunal may direct the mutawalli or. the person concerned, as the cas,e may be, within a time to be fixed 'byit, .either to furnish security, in such ,sum as may be specified in the order, to produce and place at the dispo-sal of the Tribunal when required, the said property or the value of the sante or -such POrtion: thereof as may be sufficient to satisfy the amount .SPeciJied in the certificate referred to in section 34, or to appear and" show cause why he should not furnish such security.

(4) The Tribunal may also in the order direct the Conditional attachment of the whole or any portion of the property so specified.

(5) Every attachment made under'this section shall be made in 'accord-ance with the provisions of the Code of Civil Procedure, 1908, as if it were an orle Pl1rposes; and

I ~l

I

-lX2 .\FRIJ..'S! S(I,

Register ofw.kfs.

Powers of Board to appoint Executive Officer.

OFFICIAl GAZETTE .. - GOVT. OF GOA (SUPPLEMENT) , 3iU> (i( "f()I!FR. lY'

(iv) 4Ul)' li.nel: PUfP0:-iC!);

I]) ':h1Y 0i.f'L>.:r pa..Jiculurs po.Aided by Lh~' ,bl:lll'd by n:guh.i.":'~UilS.

('::j D-i'.:ry ::;ul,;h applt(;U~H':~'l sfiall b;; accompanied by a copy 01 the wakt deed \)( if no '3udt 0,..":'0. Has b~C.l.1 c.'.,:;~ulccl or p_ cC'py ~ilcreof cannot -0..:: nlJ.. taincd~ }'H~;li cOHta~r: lull parucuhS5, as tdr as l~H;y ~re known to the appH--caUL, of th~ origin, datur;:- and objec~;:; of 'the waki.

(5) Every application nH~Jc Ui.,jC( ;:\ub,~.CG~lOn (.2) S~l~a h"! sign.~·J and 'verified by lhe applicani in the n;.i.i~ll1Ci· provided. ill tha Code of Ci.vil ProceJ-nre, 1908 for the &igning: .md 'vt:ri'~:.;~iion (.

~----

OFFICIAL GAZETIE - GOVT. OF GOA S_E_JV_E_S_l_N_o_.2_7~ ____________________ ~(S __ UPPLEMEND

.Providedtbat tbc~ chosen·fQr appointm.~nt!lhouldbe a person profe$i!lg ~ . .• . ." .. '. -' " .

(2) Every Executive. Officer ap~ted ~S\l~on (1) shall exetdse such powers and clischarlfes\lch duties aspertajn Qnly1"9perti~.~ fUndS pertaining to suc:h waId ..

483 3RDOCTOBFR.1997

. ~owen t>f BOard in relation toWilkfs which have ceased

(2)Ou th\!r~~p't ¢ ~e, l:~t bfin:q~ryof the Chief Eirecutive . 1:0 exist. , Qfficer .th.e ~r

484 SERIES I :Vo. 27

Decision ita properti . iswakf

: .

OFFICIAL GAZETTE - GOVT. OF GOA (SUPPLEMENT) 3RD OCTOBER, 199:

. .( b) . directing that any property or funds pertaining to such wakf . which. have been recoveredshaU be applied Or utilisediortlie .. re.. novationoi any wakfpropertyandwherelhereis notifieQ: for

>IIlakirig any 'Such rCllovationor wher.,utiJ1~tiori of the filildsfQr .. . . sUchrEmovation.is not poSsible; beappropti~tlld;to any: of the~,

.' posesspeclfic in sub-diluse(iil) of clause (e) of sub' section (2) of seCtl olllr..! , .' . .

(3) The Board may, if it has reason to believe t'hatanybullding or other place which was bEiing IISCd for religlOUsl?tirposeor instruction or . for charity has, whether. before Or aftet the ¢Ornm,ellCeJnent of thi$ Act, ceased to be. used for thatptirpose. make an application ti:dhe . Tri-hl-IDaltor an order directing the recovery

'iR]ES 1 No. 27

I,

---- --------~---- - ------ -- --.--.:::-:-=::-==-=--:=------=====--.::.;:

OFFICIAL GAZETIE - GOVT. OF GOA (SUPPLEMENT)


~ upon the trust or society. as the case lnay Ije,either.to register ~ch property under this Act as wahl property or show cause why. such propertyshQuld not be so registered:

l'rQvid"d that in all such cases, notiCe of the. action' proposed to be t;!ken"underthis sub-sei.1ion shall be given to the authority' by whom the trust or society had been registered.

(4) The Board shall, after duly con~dering such cause as may be shown'in pursuance of lloticeis,-ued under sub-sectioau. (3), pass such

. orders as .it may think fit and the order Solllade by t~ Board;' shall be fiJial, 'lIllIess it is revok€d or modified by a. Tribunal.

41. The'Board may direct a mutawalli to apply for ~e registration of. a wak.f or to supply any information r~rdjng a wakf or may itself cause the wakf to be registered or may at. any time ameild the register Of·wakfs.

42. (1) In the case of any change in the management at a registered wakf due to the deilth or retirement Or renioval of . the mutawalli, the incoming mutawalIi 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 men-tioned. in section 36, the mutawalIi shall, within three months from the occurrence of the change, notify sLlch cl:iange to the Board.

. 43. Notwithstanding anything contained in this Chapter, where any wakf has been registered before the commencement

t t ) II . i3 I " LI i ,

-186 ,FRIES 1 .'Vo, 27

Prepara-tion of budget of wakfs under. , direct manage-ment, of the Board.

Sublni .. sion of account~

ofwakfs.

OFFICIAL GAZETTE - GOVT, OF GOA (SUPPLEMENT) 3RD OCTOBER, 1997

-. , , .. . (4) If ill. t@ ~". 9f 140' ~ancial year '~e tritjia~am .' ~ •. it '.' nec~

sary to. modify . eM, !»,ovisiOnS miule \~L~~ .l:!~~tkr~rd fo '~~pt ?~t ,~ ..... ,~~~.bl}~.io.. u" 0. ~~

SU!/FS 1 .\0. 27 OFFICIAL GAZETTE - GOVT. OF GOA

(SUPPLEMENT) 487

3RD OCTOli/'.R. 1997

47. (1) The accounts of wakis submitted to the Board under section

46 shall be audited and examined in the following manner, namelY:-

(a) in the cast of a wakf having no income -or a net annual

income not exceeding ten thollsand rupees, the submissi'On of a state-

ment of accounts shall be a sufficient compliance with the provisions

of section 46 and the accounts of two per cent of such wills shall be

audited annually by an auditor appointed by the Beard;

(b) the accounts of the wakl' having net annual income exceeding ten

thousand rupees shall be audited annually, or at such other. intervals as

.may be prescribed, by an auditor appointed by the Board from out of the

panel of audit9fS prepared by the State Government and while drawing

up such panel of auditors, the State Government shall specify the scale

scale of remuneration 'Of auditors:

(c) the State Government may, at any. time cause the account of any

wakf audited by the State Examiner of Local Funds or by any other.

officer designated for that purpose by that State Government;

(2) The auditor shall submit his report to the Board and the report of the

auditor shall, among other thnigs, specify all cases of irregular, illegl!l or im-

.prope.r expenditure or of failure to recover money or other property. caused by

neglect or misconduct and any other m!!tler which the auditor considers it

necessary to report; and the report shall also contain the nanie of any person

who, in the opinion of the auditor, is responsible for such expenditure or

failure and the auditor shall in ~very such case Certify the amount of such ex-

·penditure or loss as due from such person. /

(3) The. cost of the audit of the accounts of a wakf shall be met from

the funds of that wakf:

Provided that the remuneration of the auditors appointed from ont of

the panel drawn by the State Government in relation to wakfs having a net

annual income 'Of more than ten thonsand rupees but less' than fifteen thousand

r:upees shall be paid in accordance with the scale of remuneration specified hy

the State Government c.wer clause (c) of sub-section (1):

Audit of :tcoonnts ofw:kf.,.

Provided further that where the audit of the accounts of any wakf is made by the State Examiner of Local Funds or any other officer designated by the

State Government in this behalf, the cost of such audit shall not· exceed one

and a half per cent. of the net annual income ·of such wakf and such costs \ .

shall be met from the funds of the wakfs concerned.

"";: . ~,,",

.. /.

'-.

1 [

4~X

SI'.RWS flO. ],'

. ordcl'~.On:

audit~l"'" repOrt.

Sums certified to be due Ie-CQvemh1e as arrears \}f land revenu",.

Duties of muta· walli.

OFFICIAL GAZETTE .-- GOvr. OF GOA (SUPPLEMENT) 31W ()CTOlll..-Ji. ,

48.(1) Tho.JJoard shall .. xamiue. the .auditor's report; and may call tor the cxplanation of. any perSOll . in regard to any. njattet 'njentioued therein,. and shall pass such. orders as inhinks lit including orders for the recovery of the alllount certified by the auditor under sub-section (2) of section 47.

. . .. . . ". .. ..

(2) The mutawalli or any otller person aggrieved by any order made by the Board.ll1uy, ",thili thir(y lhiys c,f the rcc~iptby him of the order, ~~pply to tJIl": Trihwml- ttl 1.P-O..t1fy .or .'3.et . as!t.k the 0rdcr and the Tri-bunal -n}

SERIES 1 No. 27


48Y 3RD OCTOBER. 1997

51. (1) Notwithstanding. anything contained in the wukf deed. any gift, salft or exChange mortgage of any immovable property which is wak! property, shall be void nnless such gift, 8

490 .\}.H.1F.\'! \"0.

Restric-tionon purchase 01 prO-pert yon behalf of w.~f.

Removal of encro-achment from wakf pro· perty.

OFFICIAL GAZETrE - GOVT. OF GOA (SUPPLEMENT) 31W ()("I01JF

(a) by giving or tendering tho ol(\er. "r. by sending it by post to th .. person for whom it is intended; or

(b) if such person caunot be found. by affixing the order on som .. conspicnous part of bis last know~ plllce oi ahode or business, or hy giving or tendering the order to some adult male member or servant of hi. family or byeausin;; it to be am,ed Oil some conspiclIOUS part of the property to which it relate"

Provided that where the person on whom the oulet is to be served, is a nUn"r, service upon his guardian or upon any adult male. member or servant of .his family shall be deemed to be the service upon tile minor:

(4) Any person aggrieved by tJ,c (""ler d.i !llc Collector under sub-section (2) may, within a period of Ihir!)' days fro", the date of the service of th,-arder, prefer an uppeal to the Tribunal within .whose jurisdiction the property is situate and the decision of the Trihuoal on such appeal shall be final.

(5) Where an order passed under .u!>-section (2}.. has not been c()mpUed with and the time for appealing against such order. has expired without lID apPeal having been preferred Or the appeal, if any, preferred within that time has been dismissed, the Colkctor shall ohtain possessi"n o{"the property in respect of which the order lias been made_ using snch force, it any, a. may be necessary for the purpose and deliver it to the Board.

(6) In exercising his functions under this section the Collector shall be guided by slIch rules as may be provided by regulations.

53. Notwithstanding anything' contained in a walef deed, no immovable property shall be purchased for or on behalf of ruoy wakf from the fund.~ of any wakf except with the prior sanction of the Board. and the Board shall not acoord such sanction lmiess it considers tl,at the acqnisition of snch pro-perty is necessary or beneficial to the wak! and that the price proposed to be paid therefor is adequate and reasonable:

Provided !hat before such sanction is accorded, the particulars relating to the proposed transaction shall be published in the Official Gazette inviting objectiQns and suggestions wi!h respect thereto and, the Board . shall, after oonsidering the objections and suggestions that may be received by it from mutawatlis or other persons interested in the wakf. make ,queh orders as it may think fit.

54. (1) Whenever the Chief Executive Officer considers whether on receivmg any complaint or on his own motion that there has been· an encroach-ment on any land, building, space or other property which is wakf property ·and, which ,has been registered as such under this Act, he shall cause to be served upon the encroacher. a notice specifying thc particulars of the encroach-ment and cal1irig upon him to sbow cause' before a date to be specified in such. notice, as to why an order requiring him to remove the encroachment before the date so specified should not be made and shall also send a copy of ~uc!l notice 10 the concerned mutawalli.

·\J:RIF5·; l.\-'o ]7 OFFICIAL GAZETTE - GOVT OF GOA

(SUPPLEMENT)

(2) The Ilotice referred to jn sub~s"ctioJl (1) ,mall be sorved ill sa manner lI.$ Illay be pr .. cribed,

(3) If, after considering the objections, received during the period speoi-fied in the notice, and after conduCting an inquiry in llUcb manner as may bc prescr,ibtu, the Chief Executive Oliicer is satisfied thai the properly in question is walf' prope11y and tbat there has been all en~l'I)achmeJ\t on ally, such w:ikf property~ be may~ by aXi oroer, rClju~r!'- the C".ncroacber to remove such encroach-ment and deliver possession ef the 12.l1d, huHding l ;;pucc Of other prop:)rty eQ:~ croached upon to the mutawalli of tIl

-l92 ,)'/:RJ F:'; i .\'0. ~l 7

,;tuh: walli tmtitk{l to-pay ,-:ettair. coot..~·

1'rom :income ofwakl' pr()~rty.

PO\\,C(

of Board to paydue5 incase of de· fault h} muta· walli.

CreoliOli of reserve fund.

Extension of time

OfFICIAL GAZETTE - GOVT. OF GOA (SUPPLEMENT) 3R)) ()(,10fllcR. 1.99 c

57. Notwithstandmganytbmg wn!airied in the w;lkf deed, every mutawalli may pay from the income of the wakf· property any expen$e& properly incurt'ed by him fnr the pUrpose of enabling him to furnish any particulanl, documents or copies under section 36. Or;llly accounts under sectioI) 46 or any information or documents required by t.l)e Board or fm. ihepurpose of enabling him to carry out the directionS of . the Board.

58. (J) Where a m'Utawalli refuses to pay

Wcii1FS / Xo. 27

2 of 1974.

OFFICIAL GAZETTE - GOVT OF GOA (SUPPLEMENT)

40] 3/1/) OCTo/iUi. /99 7

he shall, unless he satsfies the court or the Tribunal. Ilhat there was rea-sonable cause for his failure, be punishable with fine which may extend to eight thousand rupees .

. ·(2) Notwithstanding anything contained in sub-seclion (1)., if-

(a) a mutawaUi omits Or fails, with a view to concealing Ute existence of a wakf, to. apply for its registration under his Act;--

( i) m the case of a: wakfcreated·before the commencement oJ this Acr, within the period specified therefor in sub-section (8) of section 36;

(ii) in the case aI any wakf created aJ:ter such comene.:>-ment, within three months from the date of the creation of the wakf; or

(b) a mutawalli furnishes any statement, return or informa-140n to the Board, which he Imows or has reason to believe to be false, misleading, untrue or incorrect in any material particular,

he shall be punishable with imprisonment for a term which may extend to six months and also with fine which may extend to fifteen thousand rupees.

(3) No· court shall ta,ke cognizance of an ofl'enc-> punishable under this Act save upon complaint made by the Board or an 9fficer .duly aatho.. rised by the Board in this behalf.· .

(4) No court inferior· to that or a Metropolitan Magistrate or a Judi-cial Magistrate ·of the first - class. shall. tty any offence punishable under this Act.. I . .

(5) Notwi'fustanding anything contained in the Procedure, 1973, the fine imposed under sub·section shall be crec1ited to the Wakf Fund.

Code of Crintinal (1), when realised,

(6) In every case where offender is convicted after the commenec-ment of th!is Act, of an offence punishable under sub-section (1) and sentenced to a fine, the court shall also impose such term of imprison-ment in default .,f· payment of fine as is authorised by law for such default. i

62. No mutawalli shall spend any money out of the funds of the wak!, of which he is the mutawalli, fo, meeting any coslll, charges, or expenses which are or may be, incurred by him, in reIa~on to any suit, appeal or any other proceeding 'for, or incidental to, his . removal from office or ·for \aldng any disciplinary action against hilIlself. .

Muta-walli not t(}spend any money beiQUg-ing to wakffor self

';;

r

49-1

,\FRIES 1 ,yo, 2?

'}OW~i' ;_{,

'ppOiXii ,nuta-walli~ .m ~rtair

."""""

RelH{):',~l

ll£ M,.v;,'-wam,

OFFICIAL GAZE'ITE -- GOVT, OF GOA (SUPPLE.'v!ENI) 3RD OCTOBER, 1997

63, When there is a vacancy i1] Ihe oftice ot tht mutawam 0{ a waki and there is no one to be appointed under Ihe lerms of the deed of 'he wald, or where the right of, any person to act' as mu,t awa1li is disputed, the Board may appoint any person to act as mutawalli lor such period and on such conditions as iIt may think fit,

\;4, (1.) Notwithstanding anything contained in any other law or the deed of wuki, ill" Board may l';;uove a mutawalli from his office if such Il!ll.tawalli-

(a) has been convicted more than ')flce of an offence punishable under section 61; or

(ol» has been convicted of any offenCe of criminal breach of trust or any other offence involving moral turpitude, and such convicti

SERIES 1 No, 27

1 , '

,I

",..-.



'. . (!)Amutawalll who is aggrieved by an order pfissedlUlaer anY of "th~cIauses(c) 1;0 N 6fsubcsection (1), may, within-one month'from j the" date

"31.&.&

496 SERIES 1 No. 27

Pewersof "PP"inb-mentand remevalof mutawalli wheR. to beexerp

cisem by . the State GQvern-IX!ent.

Super-vision and super-session of com-mitteeof manage· ment.

OFFICIAL GAZETIE - GOVT. OF GOA (SUPPLEMENT) 3RD OCTOBER, 1997

(2) The State Goverrunent, may,· on its own motion or on thy applica-tionof any~on interested.in ~ ~akf, ~ fot lb.e reeords of any case 'for'ihep~ofSa~~ 'its

SERlES) No. 27


itJllllY, at. any 'dint; ·.iJIOdify.·the scheme in Such. mailneras lila), be ne(!e8Saty to bring .it inconfQIlDity with the directions of the wakf or of tbe provisions ol this Act and the .rnlesmadc thereunder.

497 3RD OCTOBER. 1997

(2:) Notwiibstanding anything conlaiD.cd in this Act and in ibe deed of the wakf, the aoar4may,if it issalisfied; for reasons to be recorded in writing, theta col!lmlttee,refe.rred to. in su.b-sectiOD. (1) is not fttnctioning properly and aatisfactorlIy, or that· .the wakf. ii; being mismanaged imd that in the interest of its properman;lgemcnt, itis necessary so to

-198 SERIES I No. 27

Dutyot ""'to-walli d\' eom-mittee {o deliv ... l'OS8eS-sioQ of .records. etc.

OFFICIAL GAZETTE - GOVT. OF GOA (SUPPLEMENT) 3RD OCTOBHR, 199;

the Tribltnal and !he Tribllnai may, ~rte(. ~viug·a re",uual'le opportunit} to the appellant and the .Board ul being heard, confirm, m(,dify or reverse the order .inade.,by the Board "nti the order ,made .by th"Tribunal in 'such a\)""al ;haH be Jiaal,

. 68. (1) Where·. any lIlutawalli or comm.ittee of maIllI!.

OFFICIAL GAZETTE -- GOVT_ OF GOA (SUPPLEMENT)

-l~~

311/) ()CTOflFR. 1997

(6) Nothing contfiirwd in this section shall bar the institution of an)' smt in a competent civil court by auy p"rson aggrieved by any order made under this section, to establish that he has right, title and interest in the p~o-_ peTties specified in the order made by the Magistrate under sub-section (2).

69. (1) Whenever the Board is satisfied, whether on its own motion or on _ the application of not less than five persons interested in any wakf, that it is -:necessary or desirable to frame a scheme for the proper admWstration

ci£ the wakf, it may hy, an o:rdefframe such scheme for the administration of the wakf, after consultatUon wi~h the miltawalli or the applicant in the pre

\ f-l ~-j

I

i i

fho!d-iag 'jn.-quiry.

.Annual eontribu· tionpay-

able to Board.

OFFICIAL GAZETTE - GOVT. OF GOA (SUPPLEMENT) 3RD OCTOBER: n

. 71, mTh~ ~Ii ~}', either an ajlappllc;ltio~ receiVjld'~ seetion 73 ··ts '. . . '.. ' ... .. I1r QI,! l~ .. ()~lII9ti91!."-

(0) hold'. an inquiry in' such 1Ilannet' as may !Je preS(:ribed; Or

(b) authorise any person in this behalf to hold an inquiry into My . matter relatiIIg to .~. wakf' and take such action as it thinks fit.

• , (~) Fat tlIe p~ of all. inqllify under this section, the Board Or an~ person aut.k0rise4 by it in this behalf, shall have the siune powers' as are v~ia a civil CQlllt under tile Code of Civil Procedure, 190& fur oofor~" attOOdance . S oIJ908. of. witnesses and·~· of· dOCllDlcnts,

CHAPTER. VII

FINANCE OF TIIEBoARD

~. (1) Tpe lI!!1~waJli 9f ~yer.y Wllkf, !hi' ll~t~Jl!l1li!l ilI!;QIl!Jl 9£ w!lWb. is not less than Jive $~I\!1d ~, Illu!Jl pay !UU'\~y, !lpt of til~ nllt mmual . income derived by the wald, such contributions, not exC¢eding seven per Cent. . IJf ·stlllh mm~l jnC01llC!> '.~ may be pr~1:>ed, to lh~ ,]Joard fOr tile servi~

. ~jl!l4erflll by $\leI! lJOf!I'd to th.e wald. .

. ~xpla«Dtion l.-,For \lte P11IP9ses qf ~ A~t, "net lW1\u!1l ~!;0111~" ~aIl mean the gross income of the.wakf from all soUrces, ·m!llu4fug n~J;$ l;II1d offerings which do not. amount to contributions to the corpns of the wakfs, in

,.;1 yCllI" ~ !1edu!:tmth~~1Il tho; f()llo~, !U\)lleIy:~

(I) the 1ap.d reven)le paid by ~t to 'the Govj:,nnpent; ": -.- -' '. '". '-. '." "-. ," " ",

(Ii) the rates,cessers, taxes· and licence fees, pl\i4 by it to the Oovern-. ment or arty lQIlI\l. !l\ithof'i,ty; .

(iii) . el'pllJ1diture mc~ fPr ~ I?f jl.I1Y .

,

I I

1\

\1 Ij

II I' , I

-,:-,

r

. !

\ I

OFFICIAL GAZETTE --- GOVT. OF GOA Sill (SUPPLEMENT) 31i!) O( 'TORn? /997

l 'J sale proceeds of illlJllovable properties or rights relating to, vr ari;;i:lg out oi immovable properties, if such proceeds arc reinvested to earn iucome for the wakf:

Provided that the following items of receipts shall not be deemed to be income for the purposes of this Sectiou, namely:~

(a) advances and deposits recovered and loans taken or recovered;

(b) deposits made as security by employees, lessees or contractors and other deposits, if any;

(e) wiUldrawals from banks or of investmems;

(d) amounts recovered towards costs awarded by courts;

(e j sale proceeds of religious books and publications where such sales are undertaken as an un-remunerative enterprise with a view to propagating religion;

(1) donations ill cash or kind or offerlligs made by the donors '" contrii:>ution to the corpus of the wakf:

Provided that the intereSt on incotpe, if any, accruing from sucb donations or offerings ~hall be taken into account in calculating the gross annual income;

(/{) voluntary contributions received in cash or kind for a speciliC service to be performed by the wakf and expended on sUl:h service;

(It) audit recoveries.

Explanaiion 1I.-Jn determining, the net aunual income for the purpdSes of this section, only the net profit derived by any wakf from its remunerative undertakings, if any, shall be' taken as income, and in respect of its non-rcmritte.. rative undertakings, such as, schools, colleges, hospitals, poor homes, orphaIiages or any other similar institutions, the grants given by the Government or !liJy local authority or donations received from the public or fees collected from the pupils of educational institutions shall not be taken as inconie.

(2) The Board may in the CMe of any mosque or orphanage or any part;-cular wakf reduce or remit such contribution for such time. as it thinks fit.

(3) The muiawalli of a wakf may realise the contributions payable by him cmder sub-sectioil (1) from the various persons entitled to receive any pecuniary or other material benefit from the wakf, but the sum realisable from anyone of such persons shall not exceed such amount as shall bear to the total contri .. bution payable the srune proportion, as the value of the benefits receivable by such perSOll bears to the entire net arumal income of the wakf:

ProVided that if there is any'income of the wakf available in excess of the amount payable as dues nnder this Act, other than as the contrib.ution under sub-sectiou (I), and in excess of the amount payable under tl1e wakf deed, the' contnouuon shall be paid out of such income.

(4) The contribution payable under sub-section (1) in respect of a wakf shall, subject to the prlot payment (If any dues to the Oovemmem

502 SERJF:S 1 Vo. 27

Power Of Chief Executive Officer to direct banks or other person to make pay-ment.So

OFFICIAL GAZETTE - GOVT. OF GOA (SUPPLEMENT) 3RD OCTOBER,

come thereof, be a first charge on the income· of the wakf' and shall be recover-able, on a Certificate isSued by the Board after giving the. mutawalli' concerned an opportunity of being heard, as an arrear of land revenue.

(5) If a mutawalli realis~ the income of the wakf and refuses to payor does not pay such contribution,. he shall also be .personally liable for such contribution which may be realised from his person or property in the manner aforesaid.

(6) Where, after the commencement of !biB Act, the' mutawalli of a wakf fails to submit a return of the net annual income of the wakf within the time specified therefor or submits a return which, in the opinion of the Chief Executive Officer is incorrect or .false in any material particular, or which does not comply with the provisions of this Act or any rule or order made thereunder, the Chief Executive Officer . may assess the net· aunual income of. the wakf to the best of, his judgment or revise the' net annual income as' shown in the return sub-mitted by the mutawalli and the \ net annual income a~ ,so assessed or revised shall be deemed to be the net annual income of the wakf for the purposes of this section:

, Provided that no assessment of net annual income or revision of return submitted by mutawalli shall be made except after giving a notice to the muta-waHi . calling upon him to show cause, within the time specified in the notice; as to why such assessment or revision' of the return shall not be made aud every such' . assessment or revision shall be made after considering Ihe reply if any, given by the mutawalli.

(7) Any mutawalli who is aggrieved by the assessment or revision made by the Chief Executive Officer,. under sub-section (6), may prefer an appeal to the Board within thirty days from the date of the receipt of the (assessment or iiVision of rethm· and the Board may, after gi'~ng the appellant a reasonable oppOrnmityof b~ing heard, confirm, rev~rse or modify the assessment or revision or the return and the decision of the Board thereon shall be final. . .. .

'/" ,

(8) If, for any reason, the oontribution or any portion thereof leViable under this section has escaped assessment in any year, whether before or after !!t,e commencement of this Ac,!' the Chief Executive Officer may, within five years from thehst .d,ate of the year to which such escaped assessment relates serve upon the mutawalli a notice assessing him with the contribution or .P9rti,lU thereof which had escaped assessment, and demanding p,}yment thereof .within thirty days. from the date of service of sllch notice, and the provisiOnS of. this Act and the rules made thereunder, shall, as far as may be, apply ·.asi£' the. assessmen.ts were made under this Act, in the first instance.

73. (1) Notwithstanding anvthin![ contained.in any other law for the time being in Jorce, the eliief Executive Officer, if ·he 'is satisfied that itis necessary and exp~entso to do." make an order directing any bank in which, or any persqn. with 'Yh,om allY money belonging. to a wakf is deposited, to pay the contnoiItion, leviable under section 72, out, oJ' such money, as may be stafldil:tg to the credit of the wakf in sllch bank or may be deposited with snch person, or out of the'·moneys .which may, from time to time,· be received by bank or other person for or on behalf of the wakf Tty . way of deposit, 'and on 'receipt of sueh orders; the bank or ,the other person; as the case may be, "shall'wheIi

SI:RIE\' I Yo.

l

c)

OFFICIAL GAZETTE -- GOVT OF GOA (SUPPLEMENT)

:'()~

311/) ()( ,[OIIFII. IW-

no appeal has been preferred under sub-section (3), comply with such

;!

I 8 ,j

11

11 Ii J.I )1 11

I il "

504 SFRII,'S! Vo, ]7

Wald Fund.

'lllldge! of Boord,

OFFICIAL GAZETTE - GOVT, OF GOA (SUPPLEMENT) 3RDOCTOBE,

(3) Where an> IU()Ot')' is lent or borrowed, or other wald pt()perty is tent in contravention of the pr()visions of this section, it shall be lawful fot the ~f Executive Officer,-

(a) to recover all

(b) payment of the cost ()f andit of the Wakf Fund and the accourtls of wakfs; "

(e) payment of the s~iary and allowances to the officers and staff "f the Board;

(if) paYment of traveI1lng allowattces to the Chairperson, tllell1bers, of the Board;

(e) payinent of ali eXpenseS incurred by the Bolird in the perlormance of the duties imposed, and the exercise of the powers conferred, by or nnder this Act:

if) payment of all expenses iriturred by tbe ,Board for the discharge of any obligation imposed on.it by or riffdef iiliy jaw tor me time belrig in force.

(5) If any balance remains after meeting the expenditure referred to in, sub~section (4), the Board may use any portion of snch,balance for tbe preser-vation and protection of wakf properti",. or for snch other purposes as it may deem fit. '

78. (1) The Board shall in every year prepare, in snch form and at such time as may be presenooo, a budget for the nett financial yeai' shOwiilg ibe estimated receipts and expeflditute duiifigthat financial yeai' lind f(jtW!tiil a copy (jf the same to the State Goverfuiieilt.

(2) On r.eceipt of the budget forwarded to it under stib"s~clion (I), the State Government shall examine the same and suggest such alterations, correc-tions, or modifications to be made therein as it Illay think fit an

.VRIF.\' I Yo. 27 OFFICIAL GAZETTE - GOVT. OF GOA

(SUPPLEMENT) ~O)

JIW ()( J(}IJNI. 1997

Stitt lJover.llment shall, after consi{i"ermg such repre.s~ntalion:;, cOlnmunicale, within a period of three. weeks from the date of receipt thereof, to the Board itstinal decision in relation to the matter and the decision of the State Gover)l-ment shall be final.

(4) On receipt of the decision of the State' Government . under 'sub-section (3); the Board shall incorporate in its budget all the .alterations, cor-rections, nlodifi~ons finally suggested by the State . Government and. the budget as so altered, Q)rrected or modified, shilll be the budget which shall be passed by the Board.

79. The Board shall cause to be niaintained such books of account and other books in relation to its accounts in such fonn and in such manner as may be provided by regulations. .

80. (1) The accounts of the Board shall be audited and examined a!l\Ulallyby such auditor as may be appointed by the State Government.

. (2) The auditor shall submit his report to. the State Government 3Jld the report of' the auditor shall, among other things, specify whether the acconnts of every will under the direet managemeut of the Board have ~n kept sep~tely and, whether such accounts have been audited annually by the State Examiner of LocaI Funds and' shall also specify. all cases of. irregular, illegal. or improper expenditure or of failure to recover m01)ey or, other property caused by neglect or misconduct and any other matter which the auditor co~iders it neceSsary to report; and the report shall also contain the name of any person who, in the opinion of the. auditor is responsible for such expenditure or failure and the auditor shall in every snch case certify the amount of such expemijtQre ot loss as .due fro1ll snchperson.

(3) The cost of the audit shall be paid fro'!1 the Wakf Fund ..

81. The State Government shall examine ille aUditor's report and may . call for the explanation of any person in rogard to auy matter mentioned therein.

and shall pass such or.ders on the report a> it. thinks fit..

82. (1) Every sum c;.;rtme~ to be due from any persoll by an auditor in; his. report under section 80, be paid by· such person within sixty days after the service of a demand notice by: tbeBoard, .,:'

(2) H such payment' 'is not made in accordauce ;Wth 'the provisions of sub-section (1), the snm payable may, on a certificate issued hy the Board, after giving the person. concem~ an opportunity of being' heard, he recovered as au',ar;e!U: of.lllUiI revenue".,. "', , , ....',..';.: ,', >,::.< .

A,:dlunfs of Board.

,A.ih:ht of t:iC.c~1) JnlS

of Board.

Su.k Govt!.rn-men! r.o pass orders onaudi~

tor\.-,report.

Due~ o! Board to. be recovered

oS;; arrears of land-

revenue. .

506 .'ihRI ES' I .\'0. 27

Constitu· tion· Of . Tribunals. etc.

OFFICIAL G/\zETTE ,- GOvr. OF GOA (SUPPLEMENT) 3RD OCTOBER.

CHAPTER VIIl

J UDrcrAL PROCEEDINGS

~. (1) The Stilte .Government shall, 1>y. notification in the· Official . Gazette, constitute as manlyTribunals. as it may think fit;fot tlie detennina-

tionof lUlydispute,question or other matter reiatingto a wakf orwakf property underthisActlUld define the local limitslUld jurisdiction under

. this Act of each of such Tribunals.

(2) Any mutawalU persou interested in a wald or any other person aggrieved by an order made under this Act/or rwes made there\lJlder, may . make an applicatiou within the time specified in this Act,oIwhere no such time has been specified, within such time as may be prescribed,. to the TribnnaI for the determination of any dispute, question or other matter relating to the wald. "!JI

(3) Where any application made under sub-section (1) relates to any wakf property which faIls within the territorial limits of the jurisdiction of two or more Tribunals; such application may be made to . the. Tribunal within the: local limits of whose jurisdictionthemutawalli or any one of the mutaWallis of the wall actually and voluntarily resides,. carries on. buSiness orpersonany works for gain, and, where any such application is made to the Tribunal aforesaid, the other TribnnaI or Tribunals having jurisdiction shall not entertain

'anY application for the determination of such dispute, question or . other matter: ( I'

Provided that the State Government may, if it is of opinion that it . is ·expedient in the interest of the waldor· any other person interested in the wald or the. ·wakf property to transfer such application to .anyother TribnnaI

. having jurisdiction for the determination of the dispute, question or other matter relating to such wall or wald property, transfer stich application to

'anY other Tribunal having jurisdiction; and, on such transfer, the. TribnnaI to which the application is so transfeved shall deal with the application from the stage which was reached before the' Tribunal from which the application has

'been so transferred, except where the Tribtinal is of opinion that it is necessary .It!. the interests of justice to deal. with the application afresh.

(4) Every Tribunal shall consist of one person, who lihall be a member ·of the State Judicial Service holding a rank, not below that of a District, Sessions or Civil Judge, Class I, and the appointment of every such person may be made either by name or by designation. .

(5) .The TribnnaI shall be deemed to be a civil court and shall have the ·samepowers as may be exercised pya civil court under the Code of Civil .Procedure, 1908, while trying a suit, or executting aJ decree or order.

(6) Notwithstanding anything contained in the CodeQf Civil ftocedure, 1908, the TribnnaI shall follow such procedure as may be prescribed,

5 of 1908.

Sofl908.

!i

SERIES I No. 27

( . 50t 1998.

~----~~~-----

OFFICIAL GAZETTE - GOV!'. OF GOA (SUPPLEMENT)

507 3RD OCTOBER. 1997

~ . (7JThe, dc;cillion of the Tribunal shall befiaal and. binding upon tho pllfties tOi the application and it shall have the force ofa decree made by • civil court. ~

(8) The Execution of any decision of the Tribunal shall be made by tU civil court to which such decision .,is ,sent for execution ioaccordance wltIt thcprovisions of the Code of Civil Procedure, 1908,"·;

(9) No appeal shall lie agaiost any decision or order whether interim 0( otherwise, given or made by the Tribunal:

Provided that a High Court may, on its own motion or on the appliCatioll. Ilf the Board or any person ,aggrieved, call for and examine the recordlI r.elating to any dispute, question or o!her matter which has been determinDd by the Tribunal for the purpose of satisfying itself as to the correctness, lega-lity or propriety of such determination and may cQnfirm, reverse or ,: modify 'such determination or pass such.other order as it may fhinkfit. .',

84. Whenever an application is made to a Tribunal for .tlie,determiru\tlQn TribUDal of Ilnydispute, question or'other matter relatiog to awakf'ot wakf property ro iiold it shall hold its proceedings as expeditiously as possible. and shall as . sopn'as proceed-

ings practicable, on the conclusion of the· hearing of such matter give its decisi\iJl exp!'di-in writing andfuruish a copy of such decision to each of the parties to 'the tioqsly dispute. c , ,. and to,

furnish totbe parties copies

.'

85. No suit or other leg~proceeding shall lie i!l any civil coUrt in respect of any dispute, question' or other. matter relatiog to im)\ wakf, wakf pro~rty or other matter which is required by or under this Act to hi determiied by. a Tribunal: '

86. Notwithstanding ,anything contained in the Code of Civil Procedure, 1908, or in aJiy other Jaw for the time being in. force; where any suit or other legal proceeding is instituted or commenced-

(/I) by or on behalf of a Board-

(i) to set aside the sale of any immovable property, which is wakf property, in execution of a decree or order of a civil court;

(ii) to set aside the transfer of any immovable property, which is wakfproperty, I\lade by the mutawalli thereof, ~ether for valuable .consideration qr nllt, 'fi,thO)lt or oiJi,erwisethan in aCcordance' WitA. '1Ito ,81111.ctionof the 'Board; .',

of its decision.

Bacof jurisdic-tion of civil

Appoint-_of

,a receiver . incertafD. ..... ;

50S SERIES I No. 27

Barto the en-force-ment" of right on . behalf of

unregis-' tered

wakfs.

Bar to . challenge . the validity' , ofony notifica-tion, etc.

Notice of suits by parties against, Board.

Notice of suits, etc., by . courts., : .

, ;.

OFFICIAL GAZETTE -GOVT. OF GOA (SupPLEMENT) 3RD OCTOfjER, 1997

'. • {iii) to l'eCOVetposse!lSiOlii:lftl!e 'pr~ J;efCiTed",~ c~JJSe ,.(4) or' clause (b) or;.toasto£e pos8cssionOf,such',ptO-petty to. themutawalli oftbeci>ncCmed w~kf;or.·

'. (b);.bya umtaw.un toreoovet-pO$~eSsj~()fimnlOv~ble~y; .wbicll., is .. wakf .. pr.operty, ·,wbicll·baS lIeeit. '-transferred>' ,"by" '. 'a' preViOus mutawalli, . whetherfor valuable, ·consideration or not; ; without ·Other.,

wise than in accordance with the sanction of theI30ard,and whicb . is . in the '~i>Se$sion of the defendant,. , •.

the court may, OIl the applicatioil' of the plail:l.tiff, . appint a .. receiver of . ',suehproperty and direct such receiver to payfroDl tinlCtotime to the. "plaintiff, out m the income of .theproperj;y,.such.l1fDOUllt as the eourt may iroilSidert().be necei>SlUIyforfurther prQSecution of fuesuii.

...... ·ffI. (l)' N()twithstanding ~ything contained iIlany()ther law for the '. time being ill force. no suit, appeal or other legaIprOl;eeding for the enfOrce-ment of any rlght.onbehalf of any wakf which has 'not been registered ill

'. ~ with the provisions of this Act,shaI!beiIlsti~utedor·commenced '(or he8rd, tried' or decided by any court· after ,theeommencement of this Act,'or; where any such suit, appeal or other legal proceeding • had . been

'iIlstituted or commenced before such commencement, no'such suit appeal or. Other 'legal proceeding 'shall be contiouediheard, tried or decided by • any court after such commencement unless sUCh wakf has been registered, in accordance with the provisions' of' this Act,

. '

(2) The provisions of sub-section (1) shall apply as far as may be, ta the claim for se~ff or any other claim made on behalf of ariy wakf which has not been registered in accordance with the provisions of this Act.

88. Sav!) as. otherwise .expresSly . provided in this Act,.no notification '~~:;;rder ·o~ decision made, proCe'eding or ~cri-6n Jakim, by th!! Central Gov, ". ~ent . or the· siate(jove~nment' under this Act or any: rule made there..

Uilder shall be questionix! in any civil court. . .

'. .119. No suit shall be instituted against the Board.in ~~p,ect,of. any act , purpOrting to be done by it ill pursuance of this Aet orof,,any rules mllde thereunder, until the expiration of two. months ne"t after Ji9tice io writiog has been delivered to, or left at, the office of the Board. stating the cause of action, . the 'name, description .and place of residence of ,theplairltiff and the relief 'which he claims; and the plamt .. shall cQlltain a statllD;1ent that

.' . ' '!U \' r sUch notieehas been so delivered or left. - . .

90. (1) In every suit or proceeding relating to a title to or possession .:of a waki, .propc'rty -or.·theright of a, mntawaJIior beneficiary, the court or

l'ribUililI shall issue notice to the., Board at the cost of the pa:rtyinstifuting suCh suit or pr~ng.

..' (2):Wbeneyet:any,wakfproperty isn9tified f()qaill:~~~~tion of a ,dtlCl'ee Qf. a civil, court or fo): ,the re~overy of an! revellpl1.(~, rat~ of taxes due to ~he Government or any 19Cfl

SERIES I No. 27

.... ----

._--_._-----


509 3RD OcTOBER, 1997

to the Board,by>thccourt, COUectoror other person urnier. whose order ~.salc· is' notijied, .'

(3) In the absence of a notice under sUb,section (1) ,any decree .;. order passed ;nthe suit or proCeeding shall be declared vOid, if the Board, within one month of its coming to know of sucll,Su;,t or proceeding, applies to .the court in this behalf.

(.4) In tbe absence of a notice undet silb-sectiOll (2), {he sale ·· .. shall be declared yoid,if the Board, within one month of its coming to knOw. of the sale, applies in this behalf to the court or other authority, under . whose order the sale· was held.

91.' (I) If, in the course of proceedings under the Lalld Acquisition Act. 1894 or under any law for thetim!l being in force. rela,ting tathe acquisition of land or other property, happears to the Collector before an awa~d is made that any property under acquisition is wukf property,a notice of such acquisition shall be served by Collector on. the Board and further proceedings shall be stayed to enable the Board to appear and plead as 1\ party .to the proceeding at any time witllin three lDonthsftom the dak of the receipt of such notice. ' .

,EJqJtanf#ion.-The reference to .the Collector, in the 'foregoing, prQyi- , sions of this sub,section shall, in relation to any other law referted to ther~, , be, conStrued. if the Collector is not the competent authority under suc]:t other law to m;lke an award of the compensation or other amount payable for acquisition of land or other ,property thereunder, as a reference to the authority under such other law competent to make such award.

(2). Where the ':Board has reason to believe that any property under ~cquisition is wakf property, it· may at anytime before the award is made appear and plead as a party to the proceeding.

(3) When the Board has appeared under the provisions of sub-sectioo {I) or sub-section (2) ilO order ~hall be passed under section 3101' section 32 of the Land Acquisition Act, 1894 or under the cp1'responding provi-sions of the other law referred to in sub-section (1) without givil)gan Of>-portunityto the Board to be heard,

(4) Any order passed under sectiou31 or. section 32 of the Land Acquisition Act,189401' undetthe corresponding pr.ovisionsof the other law referred to in sub,section (1): without giving· an opportunity to the Board to be heard" shall be declared. void .iftlle :Board, within one month d its coming to know of the order, applies in this behalf to the authority which made the order. .

. 92. In any suit or tlroceeding in respect of a:·-wal!f or any wakf 'pro-petty the Board may appear and plead as a party to. the suit or proceeding.

Proceed· ings Ilnd.,r Act. 1 of 1894.

Board to be pacty 'W· $uit or pI-ceeding.

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I

d u , i!

i

510 SERlES I No. 27

OFFIClAL GAZETTE - GOVT. OF GOA (SUPPLEMENT) 3RD OCTOBER,

Ilar to compro-miscpf suits by or against muta-wallis.

Power to make app1ica~

lion to ahe

Tribunal. incase of fail~ ure o£ . muta~

waIli to discharge" his duties.

Power Of appellate authority to enter-tain appeal after expiry of speci-fied peripd.

Power of Centra' Govern-ment to regulate secular activi-ties of waklo.

83. No sWt·or proceeding in any court by or against, themutawallhlf a wakf relating to title to wakf property or the rightS of the'Iilutavnni' shall be compromised without the sanction of the Board.

'M. (1) Where a mutawalli is under an: obligation to perform any act which is recognised by Mus1iDl law as pious, religious or ch:iritab1earid the mutawalli fails to perform such act, the Board may apply to the Tribunal for an order directing the mutawalli to pay to the Bmird or'to any person authorised by the Board in this behalf the amount! necessary for the. per-f

SERIES 1 No. 27 OFFICIAL GAZETIE - GOVT. OF GOA

(SUPPLEMENT) 511

3RD OCTOBER. 1997

. " :.: ~F01i the purpose&of this .~tiQll···sec~activities" shall' ~~,~, e4ucatiQllal and other Welfareiwtivities. .

. ..

17. Subject ~aaydirectioDs iSsued by tb.eCentfal GOvenUnent under . seCti0il96. the State GOv~nt may, from time to time, give to the Board Sl!Ch ,g¢li~ orspecial~tiol)s ~ the State Governmt\1it tbinb fit and .hi the per(omiaD.ce of its functions, tb.e Board sbaJi oomply With sucb. . . directions •

• :1

is. As soon as may be after the close of a financial year, tbe State Government shall cause a general .annual report on. the. working and ad-ministration of the State Wakf Board and the .. Administration of wakfs in the Statf.\ duriIig that year. to be prepared and laid before eacb House of 'the State Legislature where it consists of two Houses, or wbere sucb U;gislature cOnsists of one House, before that ~Use, and eve!ry such re-port ShaIJ.·~ in such £Ormand shall contain such matters as may be pro. ':1dedby l'eguhitions. '. .

<

Direc-. tions by Stat., . Govern-rnentv

Annual report by .

State Govern-ment.

9!k(J) If the State ,Goveroment is of opinion that the Board is Power to unable to' perform .ot baS:pei'sistently made default in the performance' of, . =r~.· the duty imposed on it by or' uUder tIiis . Act' or has exceeded or abused, Board. its po,Wer; or' has wilfuUyand without sufficient cause failed .to comply wit-Ji anydireCn

512 SDUES I ,Yo. 27

Protec-tion of· action taken in good faith

Surl1~Y Comt-nis· siouCi't membet'S

and officers of the Board deemed to be public !,

.\LR.1/~~\'1 \0 . . ?7

-\; ",",j


SJ:. 3/W O( 70HUi, !YY?

(2) On receipt of a scheme forwarded to it under sub-section (l), the Central Government may, after consulting the State Governments concerned, approve the

Documents

SERIES I No. 27 OFFICIAL~GAZETTEgoaprintingpress.gov.in/downloads/9798/9798-27-SI-SUG-1.pdf101. Survey Commissioner. members and officers of the Board, deemed to be public servants