APPOINTMENT OF Sri KHAJA MOHIDDIN, S/o. Md. AKBAR AS MUTAWALLI U/Sec. 63 OF THE WAQF ACT, 1995 FOR A PERIOD OF TWO YEARS. F.No.05/JMSQ/NDG/KST/T/2018,-

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W.No.47 AMARAVATI, TUESDAY , NOVEMBER 27, 2018 G.586 PART II - MISCELLANEOUS NOTIFICATIOSN OF INTEREST TO THE PUBLIC --x--

NOTIFICATIONS BY HEADS OF DEPARTMENTS Etc.,

A.P. STATE WAQF BOARD, VIJAYAWADA

APPOINTMENT OF Sri KHAJA MOHIDDIN, S/o. Md. AKBAR AS MUTAWALLI U/Sec. 63 OF THE WAQF ACT, 1995 FOR A PERIOD OF TWO YEARS.

Read :- 1) Representation of Jamath of Jamia Masjid, dt. Nil 2) Report of the I.A. Waqfs, Krishna District, Dated : 24-08-2018.

3) This office notification even No., Dated : 31-08-2018.

4) Report of the I.A. Waqf, Krishna District, Dated: 20-09-2018.

5) Orders of the Hon'ble Chairperson, APS W B, Dated: 24-9-2018.

6) Board's Resolution No. 140/2018, Dated: 13-11-2018.

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F.No.05/JMSQ/NDG/KST/T/2018,- The Waqf institution namely Jamia Masjid situated at Main road, andigama (V&M), Krishna Distrct is a notified Waqf and published in A.P Gazette No.26, dt.28-06-1962 at SI No.585 under the towliath of Janab Sk Fakir Ahmad.

In the reference 1 st cited, Jamath of Jamia Masjid, Nandigama (V&M), Krishna District submitted their representation and stated that Sri Mohammed Khaja Mohiddin has excelled in performing his duties as Muthawalli by complying with rules of Sunnath and Shariyath, cooperation and coordination of Jamath and Muslim community.

[1]2 ANDHRA PRADESH GAZETTE, November 27, 2018 In the reference 2 nd cited, the I.A, Waqf, Krishna District has reported that the Jamia Masjid is having only (6) six shops and not having any landed property. One Sri Khaja Mohiddin S/o Md Akbar has managing the Jamia Masjid, Nandigama (V&M) as self styled Muthawalli and looking after the day to day affairs of the said Masjid and developing with cooperation of Musallies/Jamath. The Jamia Masjid Musallies/Jamath have stated that it is a old and ancient Mosque. The Jamath has elected to Sri Mohammad Khaja Mohiddin, S/o Md. Akber as a Mutawalli in the year 2005.

In the reference 3 rd cited, the Board has issued notification for calling claims and objections from general public for appointment of Mutawalli U/Sec,63 of waqf Act, 1995 to Sri Mohammed Khaja Mohiddin S/o Md Akbar in respect of subject Waqf Institution.

In the reference 4 th cited, the Inspector Auditor Waqfs, Krishna District has reported that there are no claims & objections received within stipulated period along with original paper notification duly published in the Prajasakthi Daily News Paper, Krishna District, Dated : 03-09-2018.

The matter was placed before the Hon'ble Chairperson, AP State Waqf Board, who after examining the issue and passed orders on 24-09-2018 to place the matter before Board meeting and the Board has unanimously passed its Resolution vide reference 6 th read above " It is unanimously resolved to appointment Sri Khaja Mohiddin S/o Md Akbar as Mutawalli U/Sec.63 of Waqf Act, 1995 for a period of two (02) years for managing the affairs of subject Waqf Institution by following Waqf Act, 1995 and Waqf Rules from the date of issue of this orders".

Accordingly, Sri Khaja Mohiddin S/o Md Akbar is hereby appointed as Mutawalli U/Sec.63 of Waqf Act 1995 for a period of two (2) years in respect of Jamia Masjid, Nandigama (V&M), Krishna District along with attached shops.

The Mutawalli should discharge his legitimate duties strictly as determined in Section 50 of Waqf Act, 1995 read with Rules 20 of A.P. Waqfs Rules, 2000 and should follow the instructions issued by the Board for time to time. He should submit the Accounts Budget Income & Expenditure statement and paid Waqf Fund properly, failing which Section 61 and 64 of the Waqf Act, 1995 will be attracted Duties mentioned hereunder.

a) To implement the orders issued by the Board from time to time.

b) To carry out the directions of the Board.

c) The Muthawalli shall submit the Budget U/Sec.44 and submit the Accounts U/sec.46 Waqf Act, 1995 and pay Waqf fund U/Sec.72 of Waqf Act, 1995, every year without fail.

d) To allow Inspector Auditor Waqfs regarding property accounts, records, deeds and documents relating thereof.

e) To discharge all public duties.

f) To do any other Act which he is Lawfully required to do be or under this Act.

g) Shall render proper and correct accounts of the Institution and its attached properties and shall not suppress any fact.

h) That the Mutawalli is restrictor to grant lease of Waqf property exceeding one year.

i) The Mutawalli should follow the Norms fixed in Section 56 of the Waqf Act, while granting Lease of any agricultural land.

j) He will not entitled to expend the Monies of Waqf exceeding 10% of the Net annual Income.

As per Sec.101(2) of Waqf Act, 1995, "Every Mutawalli of a Waqf, every member of managing committee whether constituted by the Board or under any deed of Waqf every Executive Officer and every person holding any office in a Waqf shall also be deemed to be a public servant within the meaning of Sec.21 of the Indian Penal Code". As such, for the illegal act if any, every member of the committee will be liable for penal action. The Committee shall also noted that Sec.3 (ee) defined encroacher, Sec. 52-A explain rigorous punishment upto (2) years and Sec.61 speaks penalty and punishment upto (6) months for the lapses / charges shown therein, hence should act carefully delinquency and maintain account scrupulously.

The APSWB reserves its right to modify / cancel / alter / with hold the order at any time without assigning any reasons thereof.

Sd/-.,

CHIEF EXECUTIVE OFFICER, Dated : 15-11-2018.

Andhra Pradesh State Waqf Board,

Vijayawada.

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