Rajasthan Muslim Wakf Regulations, 1964
Published vide Notification No. F. WB/L & E/18162, dated 5-10-1964, Published in Rajasthan Gazette, Part 4-C, dated 5-11-1964, page 435(6)
RJ387
(a) 'Act' means the Wakf Act, 1954 (Central Act 29 of 1954);
(b) 'Board' means the Rajasthan Board of Muslim Wakfs;
(c) 'Chairman' means the Chairman of the Board and includes any member of the Board, chosen by the members of the Board from amongst themselves to preside at the meeting of the Board;
(d) 'Employee' means any person in the employment of the Board or in any wakf and includes Imams, Mauzzans, Caretakers, Khadims and persons employed by the Mutawallis;
(e) 'Fund' means the Wakf Funds constituted under section 48 of the Wakf Act, 1954;
(f) 'Form' means a form appended to these regulations;
(g) 'Government' means the Government of Rajasthan;
(h) 'Meeting' includes an ordinary meeting, or a special meeting or an annual meeting;
(i) 'Rules' means the Rajasthan Wakf Rules, 1956;
(j) 'Secretary means the Secretary of the Board;
(k) 'Section' means a section of the Act; and
(l) All other words and expressions used but not defined in these regulations shall have the meanings respectively assigned to them in the Act and the rules.
Time and place of meeting of the Board and quorum-Section 68(2)(a)
4. Meeting classified. - The meetings of the Board shall be classified as ordinary meetings, special meetings and annual meetings. 5. Times of meeting. - (1) The Board shall ordinarily meet once in two months. (2) A special meeting shall be called, if the Chairman so decides or atleast one-half of the total number of the members of the Board addresses a letter of requisition in Form I, duly signed by them and stating the object for which the meeting is desired. (3) The letter of requisition shall be deposited at the office of the Board. (4) The Secretary in consultation with the Chairman shall as early as practical call a special meeting. (5) The annual meeting shall be held on such dates and at such time as the Board may, by special resolution made in behalf, decide. 6. Place of meeting. - The meetings of the Board shall generally be held at its office: Provided that such meetings may also be held at such places in the State as the Chairman or the majority of the members may consider necessary and expedient. 7. Notice of meeting. - (1) The meetings of the Board shall be convened by the Secretary who shall give to every member notice of the date on which and the time and place at which the meeting is to be held at least 10 days before the date of the meeting: Provided that in case of a special meeting such notice shall be of 24 hours. (2) A notice of the ordinary meeting shall be in Form II. (3) A notice of a special meeting shall specify the date, place and time of the meeting and shall state the special business to be done also give substance of the resolution to be considered and shall be in Form III. (4) A notice of the annual meeting shall be issued by the Secretary in the light of the resolution passed in that behalf, which shall be in Form IV. (5) Notice of meetings may be sent by post under certificate of posting or may be served personally. 8. Quorum. - (1) The quorum for a meeting of the Board shall be five including the Chairman. (2) If at a meeting of the Board there is no quorum, it shall be adjourned to such other date as may be deemed fit. No quorum shall be necessary at such an adjourned meeting.Procedure and Conduct of Business in the meetings of the Board [under section 68(2)(b)]
9. Agenda. - (1) The Secretary shall prepare the agenda of the business to be transacted at a meeting. (2) A copy of the agenda shall be forwarded to every member at least 10 days before the date fixed for the meeting except in the case of a special meeting for which the agenda shall be forwarded to every member as soon as may be practicable. (3) The agenda shall set forth clearly and fully the business to be transacted at the meeting and no business other than that so set forth shall be transacted except with the permission of the Chairman or with the assent of three-fourths of the members present at the meeting. 10. Meeting to be presided by the Chairman. - The Chairman shall preside at every meeting of the Board. 11. Notice of motions. - Save in the case of a special meeting, notice of a motion intended to be taken up at a meeting shall alongwith the draft resolution should reach the Secretary 10 days before the date of the meeting for being included in the agenda. Notice received thereafter shall be included in the agenda for the next succeeding meeting: Provided that formal votes of thanks, messages of congratulations or condolence and other matters of like nature may be moved without notice by the Chairman himself or by any member present with the permission of the Chairman. 12. Language of conducting business. - Business of the meeting shall be conducted either in Hindi or Urdu. 13. Order of business. - (1) At an ordinary meeting, the business shall be conducted in the following order-(a) the minutes of the last ordinary meeting and of any special meeting held thereafter shall be read, and approved;
(b) business postponed from the last ordinary meeting shall be considered;
(c) letters and reports of committees, Central and State Government etc., if any, shall be read and accounts and statements shall be considered and passed;
(d) any other business fixed for the meeting shall then be transacted; and
(e) motions of which due notice has been given shall be discussed in the order of priority as received by the office of the Secretary.
(2) At a special meeting only the business for which the meeting was requisitioned shall be considered. (3) The annual meeting of the Board shall be in the nature of the review of the working of the Board as well as of the Committees established under section 16 of the Act. (4) The Board may also invite representatives of Wakf Committees and other important persons and bodies to such meetings and arrange a seminar or symposium for discussing common problems connected with Wakf properties and to utilize incomes therefrom for the objects for which Wakfs are created. 14. Adjournment and closure. - (1) A motion for adjournment of a meeting, or adjournment of discussion or closure thereof may be made at any time in the course of a meeting with the permission of the Chairman. (2) If a motion for adjournment of discussion of any item is carried, such discussion shall stand postponed to the next meeting. 15. Point of order. - (1) Any member may at any time in the course of discussion, draw the attention of the Chairman to a point of order. (2) If the point of order is raised by a member while another member is addressing the meeting, the later shall forthwith resume his seat until the Chairman whose decision shall be final as given in his ruling. (3) A point or order can be raised by a member at any moment of a meeting when-(a) anything is done or proposed to be done contrary to the provisions of the Act, rules or regulations relating to the conduct and procedure at a meeting; or
(b) any private conversion is held during a meeting; or
(c) a member misbehaves or casts or uses intemperate language.
16. Orders and discipline in the meeting. - The Chairman shall see that order and discipline is maintained in the meetings of the Board. If a member fails to comply with the orders of the Chairman, the Chairman may debar him from attending the rest of the meeting. 17. Minutes. - (1) The minutes of every meeting together with the names of members present shall be recorded by the Secretary in Hindi or Urdu in a book specially kept for the purpose and signed by the Chairman at the meeting and also by the Secretary. (2) Protests or dissents shall be handed over to the Chairman before conclusion of the meeting at which a resolution protested against was passed. (3) A protest or dissent duly made shall be recorded in the minutes. 18. Voting. - Every member shall have one vote and the votes may be recorded by show of hands or by ballot at the discretion of the Chairman. 19. Motion. - (1) Every member shall be allowed to speak on the motion only once. (2) The proposer of a motion, however, shall be entitled to speak twice, at the time of moving the motion and at the time of giving a reply to the debate just before voting. (3) After the proposer has introduced the motion, the Chairman shall invite a debate on the motion. (4) Motions relating to formal vote of thanks, messages, congratulations or condolence and other matters of the like nature may be moved without notice by the Chairman himself or by any member present with the permission of the Chairman. 20. Amendments. - (1) The amendments to a motion-(a) shall be in writing in the affirmative and not in negative of the original motion and shall be in Form V;
(b) will be relevant to the subject matter of the original motion;
(c) will not be in conflict with any motion or amendment already adopted.
(2) In case of several amendments, the Chairman will decide the order in which they shall be put to the meeting and will be taken up in the order they were proposed. (3) In case of an amendment to an amendment it will be first put to the meeting and will be discussed. (4) The amendment to an amendment, as the case may be, shall be voted upon and in case it is lost, the discussion on the original amendment shall be resumed and if carried, the original motion shall accordingly be amended. (5) The Chairman shall have the right to accept or reject an amendment. If the amendment is not relevant and material or is beyond the scope of the notice, it shall be rejected. (6) The amendment motion shall come before the meeting for discussion and will accordingly be put to vote.Constitution and functions of committees of the Board [under section 68(2)(c)]
21. Constitution of Committee. - (1) The Board may, whenever it considers necessary, establish by a resolution in that behalf a committee or committees for such purposes and with such functions and powers as it considers appropriate. (2) Each committee shall consist of 3 to 5 members who shall be appointed by the Board. (3) Persons other than members of the Board who are proposed to be appointed to any committee shall be required to give their consent in writing prior to their appointment. 22. Quorum for meetings of the committees. - The quorum at a meeting of the committee shall be two-third of its total number of members. 23. President of the committees. - (1) The members of the committees shall, at a meeting convened by the Secretary, elect from amongst themselves a President who shall preside at its meetings: Provided that the Chairman of the Board may attend any meeting of any committee and when he is so present, he shall preside over the meeting. (2) The meetings of the committee shall be convened by the Secretary of the Board who shall prepare the agenda. 24. Conduct of business of the committees. - The regulations governing the conduct of business of the Board shall apply mutatis mutandis at the meetings of the committee. 25. Term of office of committees. - Each committee shall be constituted for a term of one year: Provided that the Board may, by resolution made in that behalf, extend the term for a further specified period not exceeding six months.Allowance etc. to the Chairman and members of the Board, members of committees [under section 68(2) (d)]
26. Allowances of the Chairman and members. - The Chairman and the members of the Board and of the committees shall, in respect of the journeys performed by them from their usual places of residence to the place of the meeting of the Board or any of its committee, and for the return journey therefrom, be entitled to draw travelling allowances at the rates admissible to Government servants of the first class as per Rajasthan Travelling Allowance Rules for the time being in force: Provided that if the Chairman or any member of the Board or committee has draw any T.A. in respect of any meeting of the Board or committee, he shall not be entitled to draw T.A. over again for attending the meeting of the Committee or Board, as the case may be, if such meeting of the Board or Committee, is held during an interval of 15 days. 27. Rate of daily allowance. - The Chairman and the members shall be entitled to [Rs. 15] per day as daily allowance. The members will be paid only Rs. 7/- per day when business is not transacted. 28. Honorarium. - The Chairman shall be entitled to draw such honorarium as may be proposed by the Board and approved by the Government.Terms and Conditions of service of the officers and servants of the Board [under section 68(2) (e)]
29. Service under the Board. - (1) All posts under the Board shall be classified as stated below-(i) posts carrying a minimum salary of Rs. 250/- or more shall be classified as Class I;
(ii) posts carrying a minimum salary of Rs. 65/- or more but less than Rs. 250/- shall be classified as Class II; and
(iii) posts carrying a minimum salary below Rs. 65/- shall be classified as Class III.
(2) The grade and scale of pay under each category of posts shall be determined by the Board from time to time. The Board may, however, prescribe other emoluments for each category of posts as it may deem necessary and proper. 30. Qualification for appointments. - (1) No person shall be eligible for appointment to a post in Class I, unless he is a graduate and possesses sufficient administrative experience and is conversant with office procedure. For technical posts, the qualifications shall be equivalent technical qualifications i.e. Diploma in Engineering for Overseers and Degree in Engineering for Asstt. Engineer. For Class II posts, the minimum qualifications shall be High School: Provided that the Board may prescribe such other qualifications for recruitment to specified categories of posts as may be necessary. (2) The minimum age limit for recruitment shall be 24 years for Class I posts, 21 years for Class II posts and 18 years for Class III posts. (3) The Selection Committee may, however, in special cases on grounds of merit and experience relax the conditions as regards the educational qualifications for appointment to Class I posts. (4) If the person appointed is already a Government servant he shall be entitled to draw the same pay as he would have drawn in Government service, had he not been so appointed under the Board, plus a deputation allowance not exceeding 20% of his pay as per Rajasthan Service Rules. (5) If the person appointed has already retired on superannuation from Government service, he shall draw pay in the sanctioned scale plus is pension in full, subject to the condition that the total of the pay and pension so drawn (including pension equivalent of any gratuity drawn by him) shall not exceed the pay at the time of retirement. 31. Working hours. - The working hours of the employees of the Board shall be the same as fixed for the employees of the Government, unless otherwise fixed by the Board. 32. Appointing authority etc. - (1) Appointment to Posts under the Board shall be made by the authorities specified below:-|
Posts |
Appointing Authority |
|
Class I |
Chairman. |
|
Class II |
Secretary with the approval of the Chairman. |
|
Class III |
Secretary. |
"I hereby certify that I have examined Shri........ a candidate for employment as ........... under the Rajasthan Board of Muslim Wakfs and cannot discover that he/she has any disease (communicable or otherwise), constitutional weakness or bodily infirmity, except ........... I do not consider this a disqualification for employment in the office of his/her age according to his/her own statement is .........years and by appearance about is..........years.
|
Date........... |
Medical Officer." |
(i) censure;
(ii) with-holding of increments and promotions;
(iii) recovery from pay of the whole or part of any pecuniary loss caused to the Board by negligences or breach of orders;
(iv) reduction to a lower class or posts or to lower time scale or to lower stage in a time scale;
(v) compulsory retirement of an employee in permanent employment;
(vi) removal from the services of the Board which shall not be a disqualification for future employment;
(vii) dismissal from the service of the Board which shall ordinarily be a disqualification for future employment.
Explanation. - The following shall not amount to a penalty within the meaning of this regulation-(i) non-promotion whether in a substantive or an officiating capacity of an employee, after consideration of his case, to a service, class or post or promotion to which he is eligible,
(ii) reversion to a lower service, class or post of an employee, officiating in a higher service, class or post, on the ground that he is considered, after trial to be unsuitable for such higher service, class or post or on administrative ground unconnected with his conduct,
(iii) termination of service-
(a) of an employee appointed on promotion, during or at the end of the period of probation, in accordance with the terms of his appointment or the rules and orders governing probation;
(b) of a person appointed otherwise than under contract to hold a temporary appointment, on the expiration of the period for which he was appointed; or
(c) of a person employed under an agreement, in accordance with the terms of such agreement.
52. Procedure for imposing major penalties. - (1) No order imposing any of the penalties specified in clauses (v) to (vii) of regulation 51 shall be passed against an employee of the Board (other than an order based on facts which have led his conviction in a criminal court) unless he has been informed in writing of the grounds on which it is proposed to take action and has been afforded an adequate opportunity of defending himself. (2) The grounds on which it is proposed to take action shall be reduced to the form of definite charge or charges which shall be communicated to the person charged together with the statement of the allegations on which each charge is based and any other circumstances which it is proposed to take into consideration in passing orders in the case. (3) He shall be required within a reasonable time, to put in a written statement of his defence and to state whether he desires to be heard in person. If he so desires, or if the Disciplinary Authority so directs, an enquiry shall be held. The charge shall be enquired into by the enquiry officer appointed by the Disciplinary Authority, if the Disciplinary Authority considers it proper to do so, otherwise the Disciplinary Authority himself shall hold the enquiry. (4) At that inquiry, oral evidence shall be heard and recorded as to such of the allegations as are not admitted and the person charged shall be entitled to cross-examine the witnesses, to give evidence in person and to have such witnesses called as he may wish; provided that the inquiry officer, may for special and sufficient reasons to be recorded in writing, refuse to call any witness. The proceedings shall contain a sufficient record of the evidence and a statement of the findings and the grounds thereof. The Disciplinary Authority shall, if it is not the inquiry authority, consider the record of the inquiry, record its findings on each charge and pass appropriate orders in the case. (5) These regulations shall not apply where the delinquent employee concerned has absconded, or where for other reasons it is impracticable to communicate with him. All or any of the provisions of this regulation may, in exceptional cases, for special and sufficient reasons to be recorded in writing, be waived, where there is a difficulty in observing exactly the requirements of the regulation and those requirements can be waived without injustice to the employee concerned. 53. Procedure for imposing minor penalties. - No order imposing any of the penalties specified in clauses (i) to (iv) of regulation 51 shall be passed except after the employee is informed in writing of the proposal to take action against him and of the allegations on which action is proposed to be taken and is given an opportunity to make a representation, if any, to be taken into consideration by the Disciplinary Authority. 54. Pay, allowances and reinstatement. - (1) When an employee who has been dismissed, removed or suspended, is re-instated, he shall be allowed the difference between the full pay with allowances and the subsistence grant, if the authority competent to order re-instatement or to revoke the suspension order in the case of suspension, certifies that the order was wholly unjustified. In such case, the period of absence from duty shall be treated as a period spent on duty for all purposes. (2) The pay and allowance of an employee who is removed or dismissed from service shall cease from date of removal or dismissal. Leave shall not be granted to an employee when the authority competent under these regulations to impose the penalty has decided to dismiss, remove or compulsorily retire him from the service of the Board. 55. Appeals. - (1) An employee may appeal to the Appellate Authority from an order of any subordinate authority imposing any of the penalties mentioned in regulation 51. (2) An appeal shall also lie against-(a) an order of supervision,
(b) an order reverting to a lower service, class or post, an employee officiating in a higher service, class or post otherwise than as a penalty,
(c) an order determining the pay and allowance for the period of suspension to be paid to an employee on his re-instatement or determining whether or not such period shall be treated as a period on duty for any purpose.
56. Forms and contents of appeal. - (1) An appeal shall be preferred within one month of the date on which the appellant was informed of the order appealed against: Provided that the Appellate Authority, if satisfied that the appellant was prevented from sufficient cause in filing the appeal within the time mentioned above, may consider the appeal filed after the said period. (2) It shall contain all material statement and arguments relied on by the appellant, shall contain no dis-respectful or improper language and shall be complete in itself. Every such appeal shall be submitted through the Secretary or through the authority from whose order the appeal is preferred. 57. Withholding of appeal. - (1) The authority which made the order appealed against may with hold the appeal if,-(i) it is an appeal against an order from which no appeal lies;
(ii) it does not comply with any of the provisions of regulation 56(2);
(iii) it is not submitted within the period specified in regulation 56(1) and is not accompanied by an application for condonation of delay; or
(iv) it is an appeal of an appeal already decided and no new facts or circumstances are adduced;
Provided that an appeal with-held on the ground only that it does not comply with the provisions of regulation 56(2) shall be returned to the appellant and if re-submitted within one month thereof after compliance with the said provisions, shall not be with-held. (2) Where an appeal is with-held, the appellant shall be informed of the fact and the reasons thereof. 58. Transmission of appeal. - (1) The authority which made the order appealed against shall without any avoidable delay, transmit to the Appellate Authority every appeal which is not with-held under regulation 57 together with the comments thereon and the relevant record. (2) The authority to which the appeal lies may direct transmission to it of any appeal with-held under regulation 57 and thereupon such appeal shall be transmitted to that authority together with the comments of the authority with-holding the appeal and the relevant records. 59. Consideration of appeal. - (1) In the case of an appeal against an order of suspension, the Appellate Authority shall consider whether in the light of the provisions of regulation 50 and having regard to the circumstances of the case, the order of suspension is justified or not and may confirm or revoke the order accordingly. (2) In the case of other appeals, the Appellate Authority shall consider-(a) whether the procedure prescribed in these regulations has been complied with, and if not, whether such non-compliance has resulted in failure of justice;
(b) whether the penalty imposed is excessive, adequate or inadequate; and after such consideration pass such orders as it thinks proper.
60. Implementation of order in appeal. - The authority which made the order appealed against shall give effect to the orders passed by the Appellate Authority.Form of application for Registration of Wakf etc. [under section 68 (2) (f)]
61. Registration application to be filled in the office of the secretary. - (1) An application for registration of a wakf shall be in the prescribed Form VI and shall be filed in the office of the Secretary, Rajasthan Board of Muslim Wakfs. (2) Every application for registration shall be accompanied with registration fee in cash as under-|
(a) |
for wakf with gross annual income up to Rs. 200/- |
Nil |
|
(b) |
for wakf with gross annual income from Rs. 201/- to Rs. 1000/- |
5/- |
|
(c) |
for wakf with gross annual income from Rs. 1,001/- to Rs. 2,000/- |
10/- |
|
(d) |
for wakf with gross annual income from Rs. 2,001/- to Rs. 5,000/- |
20/- |
|
(e) |
for wakf with gross annual income from Rs. 5,001/- to Rs. 50,000/- |
40/- |
|
(f) |
for wakf with gross annual income above Rs. 50,001/- |
80/- |
Further particulars to be contained in the Register of Wakfs [under section 68(2)(g)]
62. Further particulars to be contained in the Register of Wakfs. - The Register of Wakfs shall, alongwith the particulars mentioned in section 26, contained the following further particulars, namely:-(1) Description of wakf properties including movables:-
(a) Name of the District.
(b) Name of the Tehsil.
(c) Name of Village/Town.
(d) Khasra and Khata No.
(e) List of movables and their description with estimated value.
(f) Municipal holding No. if within municipal limits-
(i) area leased out to tenants.
(ii) area of land under direct possession of Mutawalli.
(iii) encumbrances and allowances, if any, and persons, bodies institutions in actual physical possession of the same.
(2) Gross annual income from such properties.
(3)(a) Government revenue, cesses, rents and taxes payable.
(b) Rent paid to the Tehsil or landlord.
(c) The amount of land revenue and cesses and rates, fees and taxes annually payable in respect of wakf properties.
(4) Cost of collection and maintenance of wakf properties.
(5) Lists of expenditure directed by the wakf or according to wakf deed or usage or custom for.
(a) salary of the Mutawalli and allowances to individuals;
(b) expenses for religious purposes;
(c) expenses for charitable purposes;
(d) expenses for other purpose.
(6) A correct statement of the accumulated income out of the wakf properties in cash or kind.
(7) The rule of succession of the office of the Mutawalli, under the wakf deed or by custom or usage.
(8) The manner in which the wakf is administered at present, that is, whether a under scheme settled by a court of law or by a popularly constituted committee.
(9) Name of wakif (doner).
(10) Name of Mutawalli with present address.
(11) Year and date of the wakf deed.
(12) List of paper submitted.
Books to be kept in the office of the Board [under section 68(2)(h)]
63. Books to be kept at the office of the Board. - The following books and registers shall be maintained in the office of the Board-(a) registers of wakfs in the form prescribed under section 26 of the Act;
(b) register for Fund and Aukaf Fund;
(c) minutes books of the meeting of the Board and those of the Committees;
(d) register showing list of members of the Board;
(e) establishment register;
(f) register of employees of wakfs which includes Imams, Mauzzans, teachers, Khadims, Caretakers and other employees appointed by Mutawallis;
(g) annual budget register;
(h) other registers prescribed by the Board;
(i) bank account register showing daily deposit in the bank in the account of State Wakf Board and the Account of Aukaf separately;
(j) loan register showing advances and loans and their recoveries;
(k) the wakf property registers;
(l) acquittance roll for disbursement of pay;
(m) attendance register;
(n) casual leave register;
(o) earned leave register;
(p) service books and character rolls;
(q) service rolls.
Form in which and time with in which Budget of wakf may be prepared and submitted by mutawallis and approved by the Board [under section 68(2)(i)]
64. Form for Budget of wakf to be prepared by Mutawallis. - (1) The Mutawalli of every wakf shall, before the end of the month of December in each year, submit to the Board a budget, in Form VII, of the next financial year for approval of the Board. (2) Every such budget shall make adequate provision for-(a) the scale of expenditure for the time being in force in the wakf;
(b) the due discharge of all liabilities binding on the wakf;
(c) expenditure on religious, charitable and other purposes directed by the wakf or according to custom or usage; and
(d) the maintenance of a working balance.
(3) The Secretary shall on receipt of the budget, scrutinise the same and shall, alongwith his report thereon, place the same before the Board for its approval.Manner in which Accounts of Wakf may be kept and Audited and contents of Auditor's Report [under section 68(2) (j)]
65. Maintenance and audit of accounts of wakfs. - (1) The following registers shall be maintained by the Mutawalli for each wakfs, in addition to the usual accounts and collection of paper. -(a) a register of demands and collections in Form VIII;
(b) a register of liabilities and expenditure in Form IX;
(c) an inspection book in such form as may be prescribed by the Board from time to time.
(2) The Mutawallis shall, before the 1st day of May every year, submit a full and true statement of accounts in Form X as required under section 32. (3) The Board shall appoint a qualified auditor or auditors to audit the accounts of wakfs. (4) The Auditor shall go into the accounts of wakfs, verify the wakf properties and note losses and gains given the causes thereof. He shall ascertain and note-(a) the total demand:
(b) the actual income;
(c) amount in arrears;
(d) rent payable to superior landlords or rents payable to Government, cesses and taxes, etc.;
(e) rent actually paid;
(f) why not paid (with respect to each property and entire estate);
(g) the cost of collection as per Mutawalli's Accounts and at 12-½ per cent;
(h) rent in arrears;
(i) the net available income.
(5) He shall comment on the realisation of dues, neglect or laches the Mutawalli and suggest means for better collection or management. (6) He shall then proceed to examine the expenditure, check them by item against vouchers where necessary and note irregularities and improper expenditure, if any, pointing at the same time, the person or persons responsible for them. (7) He shall then classify the expenditure under each separate head, as recorded in the account and work out the totals under each head, and compare them with the directions of the wakf in the wakf deed or according to usage and custom and report in that manner the wishes of the wakif have been complied with. (8) He shall note whether there is any surplus income, and whether any provision of the wakf deed has become inoperative or impossible of execution on account of change of conditions, and if so, in what manner such surplus and lapsed amounts may be spent in the best interests of the wakf. (9) The Auditor shall particularly investigate the following facts-(a) whether all the statutory dues have been paid, if not, what dues are still outstanding and how they affect the property of the wakf;(b) the names of the beneficiaries, the dues of each, to what extent they have been paid, and whether arrears, if any, were justified by existing circumstances. Estate, Mosques, Schools, Musafirkhana and such other institutions for which there is an allotment are to be treated as beneficiaries;
(c) whether the wakf is indebted, and if so, the names of the creditors, the date of each loan, the amounts of each loan, the rates of interest and the present position should be noted. If necessary, a scheme of repayment within a reasonable time should be prepared in consultation with the Mutawalli and enclosed with his report.
The Method of calculating the income of a Wakf for the purpose of levying contributions under this Act [under section 68(2)(k)]
66. Return of annual income of the wakf. - (1) Every Mutawalli of a wakf shall submit before the first day of the month of May every year, a return in Form XI of the total net annual income of the wakf for the previous twelve months ending with the 31st day of the month of March of that year including the receipts for the immovable properties form investments and receipts in each and in kind for the purpose of fixing the contribution by the wakf to the Board under section 46 of the Act. (2) After the receipt of the return of the income from the Mutawalli the Board shall examine the return and determine the net annual income of the wakf for the purpose of contribution under section 46 of the Act. (3) On the net annual income so determined by the Board, the Mutawalli shall pay [6%] as contribution to the Board. (4) If the Mutawalli of any wakf fails to make a return within time or makes a return which in the opinion of the Board is incorrect or defective, the Board may assess the net annual income to the best of its judgment and the amount so assessed shall be deemed to be the net annual income of the wakf for the purpose of section 46 of the Act. (5) In case of default to pay the contribution, the Secretary or any other competent officer with the written permission of the Chairman, shall issue registered notices acknowledgment due positively in first week of June and December against the defaulters. The explanation, if any, received from the defaulters to the notice shall be put up in the next meeting of the Board for decision. (6) The Board may in the case of any particular wakf reduce or remit such contributions for such time as it thinks fit.Fees payable for inspection of Proceedings and Records of Boards and for issue of copies [under section 68(2)(i)]
67. Fees for inspection of records and for obtaining of copies. - (1) Application for inspection of proceedings or record of the Board shall be made in Form XII which will be available at the office of the Secretary on payment of 15nP. (2) No record or paper in the office or in the custody of any employee of the Board shall be inspected by any person other than the Secretary or the Chairman except under an order in writing signed by the Secretary. (3) No order for the inspection of a record or of any paper in a record or for the inspection of a book or register shall be made except upon a written application. (4) The fees for the inspection of records shall be paid in cash in accordance with the following scale, viz:-|
Ordinary. |
Re. 1/- per hour or part thereof; |
|
Urgent. |
Rs. 2/- per hour or part thereof. |
(a) duly stamped and addressed post card to enable him to be informed of the extra charges to be paid, if any, on his application for the copy; and
(b) a duly stamped and addressed envelope for sending the copies.
Note. - If the extra charges are not paid within 15 days from the date of issue of notice, the application for copy shall be rejected and the addressed envelope shall be used for informing the applicant of the order of rejection of his application. Any application for copy duly signed by a pleader may be presented by his registered clerk and the copy may be delivered to such clerk.
69. Persons entitled to copies. - Except as hereinafter provided, any party to a proceeding may at any time obtain upon an application an order for a copy or copies of the record in such proceeding, paper, exhibit or document. 70. Stranger to proceedings. - A stranger to a proceeding may obtain on an application an order for copy or copies, if sufficient reasons are shown to the satisfaction of the Secretary. 71. Copies to be made on payment of fees etc. - (1) No copy of any record or of any part thereof or of any proceedings, paper or other document in any record shall be made, except on paper sheets provided by the person who has obtained an order for the copy and upon payment of the fees hereinafter mentioned. (2) The following shall ordinarily be the scale of charges for copies.(i) for copies containing 200 words or less-
(a) Ordinary Re. 1/-
(b) Urgent Rs. 2/-
(ii) for a copy, ordinary or urgent, containing more than 200 words, for every subsequent 100 words or less an extra charge of fifty naye paise and rupee one respectively shall be made.
(3) In the case of books, registers, maps or plans, or extracts thereof, no general rule can be laid down. In each case a charge shall be fixed by the Secretary with reference to the quantity, difficulty or intricacy of the work to be done. (4) No copy shall be delivered to an applicant until it has been examined and certified in the following manner and countersigned by the Secretary:-(i) when a copy has been made, it shall be signed by the person who made it;
(ii) it shall be examined, corrected and certified to the true copy by the Head Copyist or an official, other than the one who made the copy.
Person by whom order or decision of Board may be authenticated [under section 86(2) (m)]
72. Authentication of the order of the Board. - (1) The Chairman or the Secretary, shall authenticate the orders and decisions of the Board. (2) The common seal shall remain in the custody of the Secretary. (3) All correspondence emnating from the Board shall be in the name of the Secretary and all correspondence with the Board shall be addressed to the Secretary.Miscellaneous
73. Financial and revenue year. - The financial year of the Board shall commence with effect from 1st April each year and end on the 31st March of that year in conformity with that of the Government. 74. Matters to be kept secret. - The Chairman, Members, Secretary and other officers of the Board are bound to observe secrecy in matters whose disclosure may be prejudicial to the interest of the Board of any wakf.Form I
[See regulation 5(2)]
To(1)
(2)
(3)
(4)
Yours faithfully,
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(1) |
(7) |
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(2) |
(8) |
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(3) |
(9) |
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(4) |
(10) |
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(5) |
(11) |
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(6) |
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Form II
Phone .............
[See regulation 7(2)]
Office of the Rajasthan Board of Muslim Wakfs
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Jaipur (Rajasthan) |
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No. W.B./ |
Dated..............197 . |
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
Yours faithfully
Secretary
Form III
[See regulation 7(3)]
Office of the Rajasthan Board of Muslim Wakfs
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No. W.B./ |
Jaipur (Rajasthan) |
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Dated..............197 . |
(1)
(2)
(3)
(4)
| The meeting is being called in compliance with regulation 5(2) as | called by the Chairman, requisitioned by the members. |
Yours faithfully,
Secretary
(Enclosure)
Office of the Rajasthan Board of Muslim Wakfs, Jaipur
Jaipur (Rajasthan)
Dated.........197.
No. W.B./ To(1) Present position
(2) Subject and purpose.
(3) Importance and its usefulness to wakf.
Yours faithfully,
Secretary
Form IV
[See regulation 7(4)]
Office of the Rajasthan Board of Muslim Wakfs, Jaipur
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Jaipur (Rajasthan) |
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No. W.B./ |
Dated..............197 . |
Yours faithfully,
Secretary
Form V
[See regulation 20(1)]
ToYours faithfully.
(1) Motion before the Board.
"
(2) Amendment/s.
"
Proposer of the amendment.............
Seconder ....................
Form VI
Application Form for Registration of Wakf under section 25 of Wakf Act, 1954
(See regulation 61)
To(1) Name of wakf with particulars of each property attached with the wakf as:-
(i) Area of land in yards or Bighas Chahi, Barani, Parat, Gher, Mumkin.
(ii) Garden/House/Shop etc.
(2) Name of Mohalla......... Village/City......... with Tehsil and Distt. where the wakf exists.
(3) Area, Khasra Number or Municipal Number.
(4) Kind of wakf, sunni or shia.
(5) Nature of wakf.
(6) Name of wakf with necessary particulars, available.
(7) Object of wakf.
(8) Particulars of wakf deed/s
__________________________________
(certified copies of the deed/s to be enclosed)
(9) Name/s and addresses of the present Mutawallis.
(10) Any scheme according to wakf deed/s or any decree of the Court giving particulars of the scheme of management.
(11) Total annual income of wakf property from:-
(i) (a) Land cultivation.
(b) Garden.
(c) House/s.
(d) Shop/s.
(e) Nohra.
(f) Garage.
(g) Residential land.
(ii) Nazrana.
(iii) Contributions or any other help in cash or kind.
(iv) Other sources of income e.g.
(a) From Government.
(b) From any other department or institutions.
(c) Annuity from Government (True copy of certificate to be enclosed).
(d) Interest from Bank Deposits.
(e) Interest from securities.
(f) Miscellaneous income.
(12) (i) Amount of land revenue, taxes and other dues of Government, Municipality or Panchayat or contributions to Wakf Board to be paid annually from the wakf property.
(ii) Net annual expenditure incurred in connection with the realisation of the income of the wakf.
(13) Annual expenditure in connection with the wakf:-
(i) Details of expenditure as per wakf deed.
(ii) Details of expenditure other, than those laid down in the wakf deed and their justification.
(a) Expenditure on servants giving nature of service rendered.
(b) Salary or allowance/s of the Mutawalli/s or persons connected with the wakf.
(c) Individual allowances or stipends (other than servants) as per terms of the wakf deed as well as those not specified in the wakf deed.
(d) Details of expenditure on religious items.
(e) Details of expenditure on education or similar items.
(f) Details of expenditure on charitable items.
(g) Other expenditure.
(14) Particulars of the amount or other demands out-standing and to be realised from any person, body or institution.
(15) Particulars of the encumbrance/s on the wakf property in the form of mortgage, surety or Kifalat. If the wakf property by way of mortgage has been given on rent or lease for more than a period of 3 years, the amount and duration for which the land has been so given and the period left.
(16) Particulars of wakf properties not in possession of the Mutawalli/s.
(17) Name and address/es of the person/s in unauthorised possession of the wakf property indicating the period of such possession.
In case possession is alleged on the basis of judgment of some Competent Court, the Case No., Heading, Date of Judgment. Name of Court, to be mentioned. True copy of the judgment to be enclosed.(18) In case of scheme regarding management of wakf, its true copy to be enclosed.
(19) Complete list of movable properties attached with the wakf to be enclosed.
(20) Following particulars to be given if the wakf property is on rent, lease or contract:-
(i) Name of the tenant, mortgage or lessee.
(ii) Particulars of wakf property:-
(a) House.
(b) Shop.
(c) Land.
(d) Garden etc.
(iii) Location and full address.
(iv) Period of rent or lease, if the wakf property is leased or mortgaged, the period since when the property has been so transferred, the name of transferee and the authority under which such transfer was made.
(v) Annual amount of rent, interest or lease.
(vi) Whether the rent or lease deed has been executed, if so date, month and year of execution be given.
(vii) Whether any amount of rent is recoverable, if so, the period for which it is recoverable.
(viii) Particulars of action taken in connection with the recovery of dues.
(ix) Particulars of suits relating to wakf property instituted by or against the Mutawalli/s giving suit number, Heading, names of parties, Court, nature of suit, present stage.
(21) Whether the present Mutawalli has been ever convicted of an offence of criminal breach or trust to any other offence involving moral turpitude.
(22) The amount with regard to wakf be mentioned, if it is deposited in some Securities, Bank, Post Office. Full particulars-account No. amount, and the person/s (with address/es) in whose name the account is opened be given. In case it is not so deposited particulars of the person or persons with whom the amount is lying be given.
Signature of the applicant
Address
Declaration by the applicant
I ................. son of ................ resident of ........... do hereby take oath and state that the contents of the above application mentioned in paras number...................... are absolutely true and correct based on my personal knowledge and contents of paras number ................are true and correct upon the information received which I believe to be true and correct.Deponent.
I ................. son of ................ resident of .............. solemnly affirm that my above statement is true and correct that it conceals nothing and that no part of it is false. So help me God.Deponent
Form VII
(See regulation 64)
Annual Budget Estimate of Wakf for the year 197.....
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Income |
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Revised estimate for the current year |
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Actual income for the last year |
Budget estimate for the current year |
Actuals till the end of November |
Probation from December till the end of March |
Total of columns 3 and 4 |
Heads of income |
Estimate for the succeeding year |
Total as per head |
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7 |
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Rs. |
Rs. |
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1. Opening balance- |
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(a) Cash |
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(b) Current account |
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(c) Price of crops and other crops |
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Total- |
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2. Land |
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Estimated quantity of crops Quantity of crops for service of the wakf as directed by wakif or according to usage or custom |
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(a) Quantity and price or surplus crops Price of crops required for service |
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(b) Price of surplus crops |
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(c) Other income from land |
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Total-Income from land |
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3. Rents- |
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(a) Income from house rent |
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(b) Income from shops situated within the premises of the wakf |
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4. Nazranas, presents offered to the wakf:- |
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(a) Cash |
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(b) Approximate Cash value of Nazranas or presents |
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Total-Income from Nazranas or presents |
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5. Grants and aids from Government |
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6. Annual proceeds from:- |
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(1) Investment |
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(2) Deposits |
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Total-Annual proceeds from investment and deposits. |
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7. Compensation realised from employees and servants for negligence in duties or loss or damage caused:- |
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(a) Income from other sources Miscellaneous receipts |
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(b) Income from business and similar other items |
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(c) Income from subscription in cash or kind |
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(d) Any other items of income known to the Mutawalli as belonging to the wakf. |
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Total:- |
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8. Income from extra-ordinary sources and loans:- |
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(a) Refund towards loan advanced |
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(b) Refund towards loan advanced |
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(c) Deposits withdrawn |
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(d) Consideration of money for sale of land |
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(e) Consideration of money for sale of house |
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(f) Money realised from mortgage of land |
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Total-Income from extraordinary source and loans |
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9. Recoveries from advances |
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Grand Total |
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Signature |
Mutawalli |
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Expenditure |
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Revised estimate for the current year |
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Actual expenditure for the last year |
Budget estimate for the current year |
Actuals till the end of November |
Probation from December till the end of March |
Total of columns 3 and 4 |
Heads of expenditure |
Estimate for the succeeding year |
Total as per heads |
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3 |
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5 |
6 |
7 |
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Rs. |
Rs. |
Rs. |
Rs. |
Rs. |
1. Expenditure on account of making collections for the wakf properties |
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2. Expenditure incurred according to the directions of wakif or usage or custom for:- |
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(a) Allowances to the Mutawalli and other individuals. |
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(b) Expenses for religious purposes |
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(c) Expenses for charitable purposes |
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(d) Expenses for other purposes |
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3. Expenditure for improvement and repair of lands |
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4. Expenditure for repair of houses |
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5. Expenditure for services:- |
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(a) Rent payable to Government |
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(b) Tax payable to Municipality etc. |
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(c) Contribution payable under Wakf Act, 1954 (Central Act 29 of 1954) |
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Total-Expenditure for revenue, tax and contribution. |
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6. Expenditure for audit |
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7. Other minor expenses |
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8. (a) Purchase of lands |
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(b) Construction of house for augmenting the income of wakfs |
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(c) Interest on loan |
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(d) Repayment of loans and advances by the wakf |
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(e) Investment other than current account in Bank |
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9. Amounts recoverable from advance balance at the end of the year:- |
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(a) Cash |
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(b) Current account in Bank |
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(c) Approximate price of surplus crops and other crops |
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Total-Balance |
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Amount............ |
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Grad Total |
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Village |
Date |
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Form VIII
Register of Demands
(See regulation 65)
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Demand |
Collections |
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Name of Wakf |
Head of the Accounts |
Arrear |
Current |
Total |
Arrear |
Current |
Total |
Balance |
Remarks |
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1. Rents |
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2. Cesses |
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3. Product from Agricultural lands |
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Form IX
Register of Liabilities
(See regulation 65)
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Name of the Wakf |
Head of the Accounts |
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Expenditure |
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Liabilities |
Amt. paid |
Date of payment |
Balance |
Remarks |
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5 |
6 |
7 |
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1. Government Revenue |
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2. Rents |
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3. Cesses |
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4. Other taxes |
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5. Collection taxes |
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6. Miscellaneous expenditure |
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7. Pay of officers |
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8. Stationery |
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9. Repairs and maintenance |
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10. Travelling allowance and other miscellaneous |
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11. Law Charges:- |
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(i) Rent suits |
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(ii) Other suits |
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12. Allowances |
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(i) Mutawalli |
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(ii) Other beneficiary |
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(iii) Individual |
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13. Payment to individual institution, mosque, other than mosque. |
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14. Repayment of loans with details. |
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Form X
Statement of Accounts
(See regulation 65)
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Name of Wakf |
Head of Accounts |
Actual income for the preceding 12 months from 1st April to 31st March |
Reasons for variation* from the budget estimate proposed for the year |
Actual expenditure for the preceding 12 months from 1st April to 31st March |
Reasons for variation* from the budget estimate proposed for the year |
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5 |
6 |
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1. |
Income from crops |
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1. |
Expenditure on account of making collections from the wakf properties |
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2. |
Income from rents, cesses, mutation etc. |
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2. |
Expenditure incurred according to the directions of the wakf or usage or custom fee :- |
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3. |
Income from investment and deposits |
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(a) |
Allowances to the Mutawalli and other individuals |
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4. |
Income from business |
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(b) |
Expenses for religious purposes |
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5. |
Income from Nazars and presents |
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(c) |
Expenses for charitable purposes |
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6. |
Income from other sources :- |
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(d) |
Expenses for other purposes |
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(a) |
Income from shops situated in the premised of the wakf |
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3. |
Expenditure for improvement and repair of lands |
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(b) |
Income from house-rent |
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4. |
Expenditure for repair of houses |
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(c) |
Grants and aids from Government, if any |
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5. |
Expenditure for services:- |
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(d) |
Compensation money received |
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(a) |
Rent payable to Government |
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(e) |
Miscellaneous income |
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(b) |
Tax payable to Municipality etc. |
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(f) |
Income from subscription in cash or kind |
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(c) |
Contribution payable under Wakf Act (29 of 1954) |
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7. |
Any other items of income known to the Mutawalli belonging to the wakf |
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6. |
Expenditure for audit |
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7. |
Other minor expenses in connection with:- |
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*The variations, that the difference between the figures in the budget estimates submitted by the Mutawalli for that year and the figures shown as actuals in this statement. |
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(a) |
Purchase of lands |
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(b) |
Construction of house, for augmenting the income of wakfs |
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(c) |
Interest on loan |
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(d) |
Repayment of loans and advances |
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(e) |
Investments other that current accounts in Bank. |
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Form XI
(See regulation 66)
Statement showing the annual income for the year ending with the 31st day of the month of March.......
1. Name of the wakf with full address. 2. Particulars of the landed properties, description, extent, classification whether wet, dry, garden, building or shops, etc., and the gross income of each of the properties. 3. Particulars of movable properties including investments and their income. 4. Other sources of income. 5. Amount of land revenue, cesses, rates and taxes payable in respect of the properties referred to in column (2) above:-(i) Land revenue assessment
(ii) Quit-rent
(iii) Cesses
(iv) Rates
(v) Taxes
6. Net income of the wakf for the purposes of contribution (columns 2, 3 and 4 minus 5)|
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Net Amount |
Signature
Date..............Form XII
Application for Inspection(See regulation 67)
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No. and date |
Name and address of the applicant |
Nature of the document |
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1 |
2 |
3 |
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Where the document relates to a wakf the relation to the applicant to be inspected |
Order granting or rejecting the applicant |
Inspection fee deposited |
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Ordinary |
Urgent |
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4 |
5 |
6 |
7 |
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Initials of the cashier on receiving payment |
Date and hour when the inspection shall be allowed |
Signature of the officer receiving the application |
Remarks |
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8 |
9 |
10 |
11 |
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Form XIII
Application for a Copy of Record
(See regulation 68)
ToList
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S. No. |
Description of paper of which copy required |
Number of copies required |
Object for which copy is required or ground upon which application should be granted |
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Signature of applicant
Note. - *Here state whether the application is Urgent or Ordinary.
**Here state the applicants status in the proceedings. If he is not a party to the case, state so.
In every application sent by post, the following particulars should be noted.1. Full address of the applicant
2. Whether the applicant wants the copy to be sent to him by post. Sufficient stamps should be sent, if the copy is to be sent by post.