F.No.S-22/GNT/2018 Dated : 02-01-2019. ERRATA NOTIFICATION; FNo.17/Regn/KNL/07/Z-IV. Dated : 09-01-2019. MUNTHAKHAB; F.No.09/Regn/KSN/2018, Date: 09-01-2019, MUNTHAKHAB; F.No.11/M/KAD/2015/Z-IV. Date: 07-02-2019.; F.No.28/M/KST/2017. Date: 31-08-2018.; F.No. 01 /Board/APSWB/2018. Date: 18-04-2018

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W.No.7 AMARAVATI, TUESDAY, FEBRUARY 19, 2019 G.793 PART II - MISCELLANEOUS NOTIFICATIONS OF INTEREST TO THE PUBLIC --x--

NOTIFICATIONS BY HEADS OF DEPARTMENTS Etc.,

ANDHRA PRADESH STATE WAQF BOARD,

VIJAYAWADA.

F.No.S-22/GNT/2018

Dated : 02-01-2019.

ERRATA NOTIFICATION

Publish the following Errata Notification in A.P Gazette as per the report of I. A Waqfs, Guntur District and Revenue Records in respect of Sy.No.780 an extent Ac.8.55Cents of Katevaram(V) Sy.No.79 of Telaprolu(V) Waqf property belongs to Ashur Khana Tenali (M) Guntur District.

in A. P. Gazette No.26, Dt: 28-6-1992 at SI.No.1098 under column No.9.

Sd/-., CHIEF EXECUTIVE OFFICER, A. P. State Waqf Board, Vijayawada.

[ 1 ]

ANDHRA PRADESH STATE WAQF BOARD,

VIJAYAWADA.

FNo.17/Regn/KNL/07/Z-IV. Dated : 09-01-2019.

MUNTHAKHAB

Sd/-.,

CHIEF EXECUTIVE OFFICER, A. P. State Waqf Board, Vijayawada.

Sd/-.,

CHIEF EXECUTIVE OFFICER, A. P. State Waqf Board, Vijayawada.

CHIEF EXECUTIVE OFFICER,

A. P. STATE WAQF BOARD, VIJAYAWADA.

F.No.11/M/KAD/2015/Z-IV.

Date: 07-02-2019.

DARGAH HZT. SYED SHAH ALI MURAD - Sri S. Md. TAHIRULLAH KHADRI, S/o Late Dr. SYED SHA NAZARULLAH BASHA KHADRI RECOGNIZED AS MUTAWALLI U/SEC. 42 OF WAQF ACT, 1995.

Read : 1. Application of Sri Dr. Syed Sha Nazarullah Basha Quadri R/o Ravindranagar, Kadapa, Dated: 04-03-2015.

2. This office memo of even No. Dated: 17-03-2015 issued to I.A., Waqfs, YSR Kadapa Dist.

3. Lr.No. IAW/08/Waqf/KDP/2015, Dated: 25-03-2015 report submitted by the I.A., Waqfs, Kadapa Dist.

4. This Office even file No. Dated: 23-04-2015, issued notification for calling Claims / objections.

5. Objection received from Sri Syed Sha Md. Jamalullah Basha Khadri, Dated:

07-05-2015.

6. This office Proceedings even No. Dated: 18-05-2016 appointed to Sri Nazeer Ahmed Khan, as enquiry Officer for conduct detailed enquiry.

7. Report submitted by the Enquiry Officer, Dated: 09-10-2018.

8. Orders of the Hon'ble Chairperson, Dated: 21-12-2018.

9. Board's resolution No.06/2019, Dated: 02-02-2019.

10. Orders of the Hon'ble Chairperson, Dated: 07-02-2019.

***

The Waqf institution namely Dargah Hzt. Syed Shah Ali Murad (Sunni) at Kadapa Town & District is a notified Waqf institution duly published in A.P. Gazette No: 13, Part (II), Dated: 26-03-1964 at Serial No.36 under the Towliath of Syed Jamalullah Basha Quadri. As per the Survey Commissioner's report, the Rule of succession to the Office of Muthawalli is "By Custom Hereditary".

In the ref. 1st read above, Sri Dr. Syed Shah Nazarullah Basha Quadri has filed an application stating that, his father Syed Jamallullah Basha Khadri was the notified Muthawalli of the subject Waqf and he was died. After the death of his father, Syed Kamalulla Basha Khadri, mother Syeda Azeemunissa Bi and himself entered into a registered agreement in the Year, 1968 about the performance of religious duties in the subject Dargah. Now, both his brother and mother were died and he is only surviving elder member of the registered agreement. And he has requested to appoint him as Muthawalli of the subject Dargah.

Basing on the above said representation, in the ref. 2nd read above, this office has issued Memo to the I.A, Waqfs, YSR Kadapa District directed to submit detailed report on the representation of Sri Dr. Syed Shah Nazarulla Basha Khadri, R/o. Kadapa.

In the reference 3rd read above, I.A, Waqfs, YSR Kadapa District has reported that the subject Dargah along with other Graves situated within the compound wall abutting to Bugga Vanka River, Kadapa. The notified Muthawalli was performed the regular fathiha and annual ceremony i.e., sandal & Urs of the subject Dargah in his life time. After his demise, his wife Smt. Syeda Azeemunnisa Bi and sons.

Sri Syed Mohammad Kamalulla Basha Khadri and the applicant Syed Nazarullah Basha Khadri herein executed a registered deed of agreement Dt. 26-08-1968 with regard to the performance of religious ceremonies of the subject Dargah. Azeemunnisa Bi died in the year, 1983 and Syed Kamalulla Basha Khadri died in the year, 2011 and remained only the applicant as elder according to the above said agreement and he is continued in the management and performing the religious duties & ceremonies regularly. The I.A Waqf, YSR Kadapa District further reported that there are no properties attached to the subject Dargah and no court cases pending. Finally, the I.A, Waqfs YSR Kadapa has recommended the applicant for the appointment of Muthawalli to the subject Dargah.

In the reference 4th read above, a notification was issued duly calling claims and objection if any for the appointment of Muthawalli Dr. Syed Shah Nazarulla Basha Khadri to the subject Waqf institution within a period of (15) days from the date of publication of this notification.

In the ref. 5th read above, one Sri Syed Sha Md. Jamalullah Basha Khadri has filed objection petition for the appointment of Dr.Syed Nazarullah BashaKhadri as Mutawalli.

In the reference 6th read above, the Board has appointed an Enquiry Officer to enquire into the matter and to submit enquiry report for taking further necessary action in the matter.

During the pendency of the Enquiry one Sri. S.Md. Tahirullah Khadri S/o. Dr. Syed Nazarulla Basha Khadri has filed impleadment petition before the Enquiry Officer to implead him in the place of his father the original applicant for Mutawalli Sri. Syed Sha Nazarulla Basha Khadri who was died in a car accident on 10-02-2018. And the Enquiry Officer considered his impleadment application after adduced both oral and documentary evidences in the enquiry.

In the reference 7th read above, the Enquiry Officer submitted his report that, Sri S. Md. Tahirullah Khadri, S/o late Sri Syed Sha Nazarullah Basha Khadri and grandson of Gazette Notified Muthawalli who is the only son of the applicant and he is entitled to the post of Muthawalli of the subject Dargah as he is well qualified and got academic qualification of M.A and MBA and also religious qualification i.e., Hafiz-e- Quaran and Moulvi Course. Hence, he can be considered to the post of Muthawalli.

The said matter was placed before the Hon'ble Chairperson, who after careful examination of the matter passed orders vide reference 8th read above, to place the matter before Board meeting along with enquiry report.

Accordingly, the said matter was placed before the Board, and the Board has passed a resolution in the reference 9th read above, "It is unanimously resolved that Sri S.Md. Tahirullah Khadri, S/o late Syed Sha Nazarullah Basha Khadri is hereby recognized as Mutawalli U/sec. 42 of Waqf Act, 1995 for the subject Waqf Institution for managing the affairs of subject Waqf institution by following Waqf Act, 1995 and Waqf Rules.

Accordingly Sri S.Md. Tahirullah Khadri, S/o late Syed Sha Nazarullah Basha Khadri is hereby recognized as Mutawalli U/Sec. 42 of Waqf Act, 1995 for the subject Waqf Institution for managing the affairs of subject Waqf institution by following Waqf Act,1995 and Waqf Rules.

The Mutawalli should discharge his legitimate duties strictly as determined in Section 50 of Waqf Act, 1995 read with Rule 20 of A.P. Waqf Rules, 2000 and should follow the instructions issued by the Board from time to time. He should submit the Accounts,Budget, Income & Expenditure statements and pay Waqf Fund properly, failing which action will be taken against him U/Sec. 61 and 64 of the Waqf Act, 1995 as the duties mentioned below.

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

b) To carry out the directions of the Board

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

d) To discharge all public duties.

e) To do any other Act which he is Lawfully required to do so or under this Act. f) Shall render proper and correct accounts of the Institution and its attached properties and shall not suppress any facts.

g) The Mutawalli is restricted to grant lease of Waqf property exceeding one year.

h) The Mutawalli should follow the Norms fixed in Section 56 of the Waqf Act, 1995 while granting Lease of any agricultural land. He should follow Lease Rules, 2014 to put open auction through A.P. State Waqf Board.

i) 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,8 ANDHRA PRADESH GAZETTE, February 19, 2019 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 up to (2) years and Sec.61 speaks penalty and punishment up to (6) months for the lapses / charges shown therein, hence should act carefully diligently and maintain accounts scrupulously.

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

SHAIK AHAMMED,

CHIEF EXECUTIVE OFFICER,

A. P. State Waqf Board,

Vijayawada.

To

Sri S. Md. Tahirullah Khadri,

S/o late Dr. Syed Sha Nazarullah Basha Khadri, Mutawalli, Dargah Hzt. Syed Shah Ali Murad (Sunni), YSR Kadapa Town & District. (Through I.A.Waqf, YSR Kadapa District.)

CHIEF EXECUTIVE OFFICER,

A. P. STATE WAQF BOARD, VIJAYAWADA.

F.No.28/M/KST/2017.

Date: 31-08-2018.

JANAB SHAIK AHMAED S/o SHAI K KAREEM AS A MUTAW ALLI IN MO ULA ALI PANJA VELAGALERU VILLAGE, G. KONDURU MANDAL, KRISHNA DISTRICT FOR A PERIOD OF 2 YEARS.

Read : 1) Application of Sri Sk.Ahmed, Vijayawada, Dated: 25-10-2017 with enclosures.

2) Report of the I.A. Waqfs, Krishna District along with enclosures, Dated:

29-11-2017 & 28-05-2018

3) This Office Notification of even No., Dated: 18-06-2018.

4) Report of the I.A. Waqfs, Krishna District, Dated: 02-08-2018.

5) Orders of the Hon'ble Chairperson, APSWB, Dt: 28-8-2018.

6) Board's Resolution No.132/2018, Dated: 29-08-2018.

***ANDHRA PRADESH GAZETTE, February 19, 2019 9 The Waqf Institution Panja known as Moula Ali Panja situated at Velagaleru Village, G.Konduru Mandal, Krishna District with its attached land in Sy.No.210 to an extent of Ac.11-82 Cents is a notified Waqf, duly published in the A.P. Gazette No.26 Part-ll, dt:28-06-1962 under SI.No.753. The notified Mutawallies Md.Kasim Saheb & Mohammed Kasim were died long back.

An application has been received from Shaik Ahmed vide reference cited read above for appointment of Mutawalli in respect of subject Waqf Institution.

The Inspector Auditor Waqfs, Krishna District has submitted his report vide reference 2nd read above and reported that the notified Mutawallies were expired long back and their family members are managing the Panja and cultivating the Waqf land by dividing in (3) parts by the elders. The Mujawars were given their consent to appoint Janab Sk.Ahmed as Mutawalli to the Moula Ali Panja.

Further, the Board has issued paper notification vide reference 3rd read above by calling claims and objections from general public for appointment of Shaik Ahmed, S/o Shaik Kareem as Mutawalli, U/Sec.63 of the Waqf Act, 1995 in respect of subject Waqf Institution.

The Inspector Auditor Waqfs, Krishna District has submitted his report vide reference 4th read above along with original paper notification duly published in the Andhra Jyothi, Telugu Daily News Paper, Krishns District, Dt:11 -07-2018 and reported that, no claims & objections received within stipulated period.

The matter was placed before the Hon'ble Chairperson, AP State Waqf Board, who after examining the issue and passed orders on 25-08-2018 to place the matter before Board meeting and the Board has unanimously passed its Resolution vide reference 6th read above to appointment Janab Shaik Ahmed, S/o Shaik Kareem as Mutawalli U/Sec.63 of Waqf Act, 1995 for a period of two years in respect of subject Waqf Institution.

Accordingly Janab Shaik Ahmed, S/o Shaik Kareem is hereby appointed as Mutawalli U/Sec.63 of Waqf Act 1995 for a period of two (2) years in respect of Moula Ali Panja at Velagaleru Village, G.Konduru Mandal, Krishna District along with attached land in Sy.No.210 to an extent of Ac.11-82 Cents.

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

d) To discharge all public duties.

e) To do any other Act which he is Lawfully required to do be or under this Act. f) Shall render proper and correct accounts of the Institution and its attached properties and shall not suppress any fact.

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

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

i) He will not entitled to expend the Monies of Waqf exceeding 10% of the¹ 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.

L. ABDUL KHADIR,

CHIEF EXECUTIVE OFFICER,

A. P. State Waqf Board,

Vijayawada.

To

Janab Shaik Ahmed,

S/o Shaik Kareem,

Mutawalli of Moula Ali Panja at Velagaleru Village, G.Konduru Mandal, Krishna District.

CHIEF EXECUTIVE OFFICER,

A. P. STATE WAQF BOARD, VIJAYAWADA.

F.No. 01 /Board/APSWB/2018.

Date: 18-04-2018 DELEGATION OF POW ERS TO THE HON'BLE CHAIRPERSON, AP STATE WAQF BOARD.

Read : 1. G.O. Ms. No. 10 M.W. Department (IDM), Dated : 13-03-2018.

2. A.P. Gazette No. 194, Part-1, Extraordinary published on 14-03-2018.

3. Board Resolution No. 02/2018, Dated: 26-03-2018.

4. Boards resolution No. 004/2018, Dated: 12-04-2018.

***

The Government of A.P. has issued orders vide 1st read above, reconstituting the Waqf Board U/sec 14 of Waqf Act, 1995 r/w. Rule 6 of A.P. Waqf Rules 2000 consisting of (9) Members.

Under Rule-6 a meeting of the Members was convened on 26-03-2018 in the Waqf Board and Sri Jaleel Khan was unanimously elected as Chairperson and has assumed charge on 26-03-2018.

The matter of delegation of powers for day to day administration under the provisions of Waqf Act, 1995 have been discussed and it is unanimously resolved to delegate the following powers to the Hon'ble Chairperson, A.P. State Waqf Board vide resolution No. 4th read above.

The Chairperson shall have full powers in respect of payment of Salaries to the employees under Waqf fund and institution and other establishment charges, GIA issues. Release of share amount to PF, IT, etc.

2. The Chairperson is permitted to approve / sanction all the matters with involvement of financial implications up to Rs.11.00 Lakhs (Rupees Eleven Lakhs only).

3. Permission accorded for sanction of the following establishment issues.

a) To sanction of E.L, annual grade increments, surrender leave, loans, medical reimbursement, release of DA, on par with the Govt, employees as per the GOs issued from time to time, initiation of disciplinary action and enquiries, etc. in respect of all the Board employees as per Rules.

b) To depute the staff to waqf institutions as and when necessary for to conducting spot inspections / enquiries.

c) permission accorded for transfer of Board employees.

d) Release of retirement benefits to the employees on superannuation.

4. Permission accorded in respect of the following Legal issues.

a) To file and to permit the Chief Executive Officer to file Vakalats and to file Suits / Writs / C.R.P's / S.L.P's / Review petitions, etc. before various Courts.

b) To engage Counsels / Special Counsels and to decide their fee / fee structure pertaining to the Waqf institutions.

5. For conducting open auction of waqf institution's under direct management of the Board.

6. Renewal of FDRs/lnvestment of FDRs in the Nationalized Banks with comparing interest from Banks having higher rate of interest.

7. To issue service rendering certificate to Mutawallies/ Muzawars, etc.

8. To issue of notices U/sec. 54 and Requisitions U/sec. 55 of the Waqf Act 1995.

9. To accord permission for construction of only religious structure viz: Masjid, Dargah, Madrasa, Ashoorkhana, etc.

10. Appointment of Enquiry officers / Executive Officers.

11. For issuance of Addendum / Errata publication in respect of Waqf properties and the same should be placed before the Board for ratification.

12. To finalize the rental issues in respect of Waqf tenants up to monthly rent of Rs.10,000/ - per month for a period of (11) months only.

13. Processing and implementation of Government Schemes.

14. All the correspondence to the various State and Central Government authorities.

Accordingly, orders are hereby issued for necessary implementation.

Sd/-.,

CHIEF EXECUTIVE OFFICER,

A. P. State Waqf Board,

Vijayawada.

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