Bare Acts Live

Orissa Wakf Rules, 1997

Published vide Notification No. 1669-Wakf. 4/97-L, dated 26th July, 1997, Orissa Gazette Extraordinary No. 1292 dated 24.10.1997

or835

(a) "Act" means the Wakf Act, 1995 (43 of 1995);

(b) "Chairman" means the Chairman of the Board;

(c) "Form" means a form appended to these rules;

(d) "Report" means the report submitted by the Survey Commissioner under Section 4;

(e) "Section" means a Section of the Act.

(a) The details of immovable property comprised in each Wakf showing the village or town where it is situated, the Municipal or survey number, area, assessment, description of the tenure on which held, the incidents attached thereto, and where the land is unsurveyed, the boundaries and such other particulars as the Commissioner deems necessary for its proper identification, and the estimated value thereof ;

(b) description and the estimated value of each of the movable properties belonging to the Wakf including investments and the like;

(c) documents or other available records or materials showing the origin of the Wakf, if any;

(d) obligations and encumbrances, if any, in respect of the properties mentioned in Clauses (a) and (b);

(e) title deeds, pertaining to the Wakf property and the name of the person in its possession thereof; and

(f) the manner in which the Wakf is administered at present, that is, whether under a scheme settled by a Court of Law or by a registered document or established custom or usage and the particulars thereof, so far as may be practicable.

(i) estimated annual income in terms of cash derivable from tenants, lesses and licensees;

(ii) income derived from properties held in Khas, in cash or in kind;

(iii) estimated collections on account of miscellaneous receipt such as Jalkar, Phalkars, Banker, Hatkar, Sale proceeds of timber, fuel, shrubs, grass, sand, earth, stone, income, from gardens, Plantations, bamboos, tanks, fisheries and Nazzars or presents in cash or in kind;

(iv) annual proceeds or income from investment of money belonging to the Wakf or money derived from the Wakf properties; and

(v) any other sources of income.

(a) Yearly Statement of the Wakf;

(b) Year of the ceaser of Wakf or any part thereof ;

(c) The causes of such ceaser ;

(d) Whether the causes of ceaser of any Wakf or a part thereof is due to the negligence of the Mutawalli, Marfatdar and Managing Committee and whether the ceaser of Wakf property or any part thereof has taken place with the ill intention of the Mutawalli, Marfatdar or managing Committee.

(a) Notice in Form 'K' to be served on the Mutawalli, Marfatdar or Managing Committee concerned by personal service or by registered post with A.D. inviting show cause for such illegal transfer of the Wakf property alongwith the description of the property;

(b) In case no reply to the show cause notice is received within thirty days, the Board shall take the decision in the matter and send a requisition to the Collector of the District in those jurisdiction such property lies requiring recovery and delivery of possession of the property to the Board.

(c) If the reply to the show cause is received within the prescribed period the Board shall conduct an enquiry through the Chief Executive Officer and take a decision in the matter.

(a) the person, if any, required to be examined in the inquiry; and

(b) the Mutawalli of the wakf.

Note. - A copy of the notice to the Mutawalli shall be served through a registered post failing which by personal service to satisfy the requirements of natural justice.

(a) A cash book showing the daily receipts and expenditure;

(b) A demand, collection and balance register to watch the realisation of contributions from Wakfs;

(c) A deposit register showing the daily deposits made in the accounts with the Banks in respect of the fund;

(d) A register showing the receipts and disbursements during the previous years;

(e) A register showing all payments made by the Board and the recoveries made and to be made from the Wakfs from time to time under Section 38:

(f) A register showing the recovery to be made from a Wakf under Sub-section (2) of Section 46;

(g) A register showing all recoveries made and to be made from time to time under Section 53;

(h) A miscellaneous receipt register showing the particulars of receipt books and counterfoils issued from time to time;

(i) A posting register to compile monthly accounts;

(j) A stamp register;

(k) A contingent register;

(l) An establishment audit register; and

(m) Stock books showing receipts, issue and balance relating to;

(i) Stationary and printed forms,

(ii) Furniture, and

(iii) Cycles, typewriters, tools and plant and other stores.

(a) Annual Income and Expenditure of the Board;

(b) Income derived from the contribution;

(c) Government Grants;

(d) Details of Financial Assistance provided to Wakf Institutions;

(e) Taxes paid to Government and the local bodies;

(f) Income from the Investment;

(g) Number of Wakf properties in the State District wise.

Form A

[See Rule 4]

Name.......................................
Address....................................

Survey Commissioner of Wakfs

Form B

[See Rule 4]

The Survey Commissioner of Wakfs, Orissa.

In pursuance of your notice, dated........... under Rule 4 of the Orissa Wakfs Rules, 1997

1. Description of the Wakf properties -

(a) Name of the Collectorate

(b) Touzi number and name of Thana

(c) Name of village and J.L. number

(d) Settlement Khatian No.

(e) Area of land

Under Khas possession Leased out to tenants

2. Gross annual income from such properties

3. Revenue cess, rents and taxes payable-

(a) Government revenue

(b) Zamindar's rent

(c) Cess for public work, etc.

(d) Local tax, etc.

4. Collection and other expenses

5. List of expenditure directed by the Wakf for-

(a) Salary of the Mutawalli and allowance to members of family

(b) Expenses for religious purposes

(c) Expenses for charitable purposes

(d) Expenses for other purposes

6. Classes of Wakf

7. Name of wakf (donor)

8. Name of Mutawalli with present address

9. Year and date of, the Wakf deed

10. List of papers submitted

Verification

Signature................
Address................

Form C

[See Rule 5]

Register of documents filed before the Survey Commissioner of Wakfs, Orissa

Form D

[See Rule 8]

Notice under Rule 8 of the Orissa Muslim Wakfs Rules, 1997 before the Survey Commissioner of Wakfs, Orissa

Name...........................................
Address........................................

Survey Commissioner of Wakfs, Orissa

Form E

[See Rule 12]

Name .................................................
Address...............................................

(a) District

(b) Tahasil

(c) Thana

(d) P.S.

(e) Khata No.

(f) Plot/Plots

(g) Area

Chief Executive Officer

Form F

[See Rule 12]

The Chief Executive Officer,

(a) Name of the District

(b) Name of the Tahasil

(c) Village

(d) Khata No.

(e) Plot No.

(f) Area

(g) Date of transfer/Mortgage, Cessation of Wakf Encroachment

(h) Detail reason of the above

Signature...................
Address.....................

Form G

[See Rule 13]

Shri...........................S/o.........................
Address....................................................

Schedule

Chief Executive Officer

Form H

[See Rules 14, 23 and 24]

Budget Estimate of Income and Expenditure for the year

Form I

[See Rules 14, 23 and 24]

Budget Estimate of Receipts and Payment for

Form J

[See Rules 14, 23 and 24]

Budget Estimate for assets and liabilities on

Form K

[See Rule 16]

Description of Wakf Property

(a) Name of the Wakf

(b) District

(c) Tahasil

(d) Thana

(e) House

(f) Khata

(g) Plot

(h) Area