THE
JHARKHAND GAZETTE
EXTRAORDINARY
PUBLISHED BY AUTHORITY
17 AASHWIN 1946 (S)
RANCHI WEDNESDAY 9th OCTOBER, 2024
DEPARTMENT OF SCHEDULED TRIBE,SCHEDULED CASTE, MINORITY AND
BACKWARD CLASS WELFARE
--------
NOTIFICATION
9th September, 2024
No.-2489--In exercise of the powers conferred by Section 109 of the Waqf Act, 1995 (Central Act
43 of 1995), as amended by Act 27 of 2013, the Government of Jharkhand hereby makes the following
rules, namely :-
RULES
Chapter – I
1.
Short title, extent and commencement –
(i)
These Rules may be called “The Jharkhand Waqf Rules, 2024”.
(ii)
It shall extend to the whole of the State of Jharkhand.
(iii) It shall come into force from the date of its publication in the Official
Gazette.
2.
Definitions:- (1) In these rules, unless there is anything repugnant in the
subject or context :
(i)
“Act” means the Waqf Act, 1995 (Central Act 43 of 1995).
(ii)
“Amin” means and includes a person appointed by the Sajjada Nasheen to
perform the religious or spiritual functions in his absence;
(iii)
“Azakhana/Ashoorkhana” means and includes a place where Alam, Panjas,
Nishan, Tabut, Zarih, etc., are kept.
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(iv)
“Ballot Box” includes any box or container used for the insertion of ballot
papers by voters having a lock & seal.
(v)
“Board” means Jharkhand State Waqf Board established under Section 13.
(vi)
“Chairperson” means the Chairperson of the Board elected under Sub
Section (8) of Section 14.
(vii)
“Candidate” means any candidate in electoral fray though not elected and
not excluded from the poll at any given time.
(viii) “Count” means all the operations involved in the counting of the votes
recorded for candidates.
(ix)
“Dargah” means a shrine or a tomb, Mazar of a Muslim Saint including the
properties attached to it.
(x)
“District Auqaf Committee” means a committee constituted by the Board
under Section 18 of the Act.
(xi)
“Eidgah” means and includes an open air place duly surrounded for prefer
congregational where Namaz is performed for Eid-ul- Fitr & Eid-ul-Adha
other than mosque.
(xii)
“Election” means an exercise of a choice among the candidates to fill a
vacancy / vacancies in the office of the Board members, under Sub Section
(I) (II) (III) & (IV) of Clause (b) of Section (1) of Section 14 of the Act.
(xiii) “Elector” means in relation to election to any category of member of the
Board means any person whose name is specified in the Electoral Roll of that
category unless disqualified by the Returning Officer.
(xiv)
“Electoral College” means the categories from which members are to be
elected under Clause (b) of Sub Section (1) and second proviso of Sub
Section (2) of Section 14.
(xv)
“Electoral Registration Officer” means officer appointed under Rule 11 of
these rules.
(xvi)
“Electoral Roll” means a list of voters prepared under Sub-Rule (3) of Rule
11 of these Rules.
(xvii) “Exhausted paper” means a voting paper on which no further reference is
recorded for a continuing candidate and includes a voting paper on which :
(a). The names of two or more candidate, whether continuing or not are
marked with the same figure and are next in order of preference; or
(b). The name of the candidate next in order of preference whether
continuing or not in marked by a figure not following consecutively
after some other figure on the voting paper by two or more figures; or
(c). There is such effacement, obliteration, erasure or mutilation as to make
any preferences other than the first preference ambiguous.
(xviii)
“Form” means a Form appended to these Rules.
(xix)
“Government” means Government of Jharkhand.
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024 3
(xx)
“Imam Barah” means a place/Building/Room where religious rituals like
Majlis/Chahallum etc. held in the memory of Hazrat Ali & his two Sons
Hazrat Hasan and Hazrat Hussain.
(xxi)
“Qabristan” means and includes a Muslim burial ground either Private or
Public.
(xxii)
“Khadim”/Naib means and includes a person appointed by the Sajjada
Nashin / Mutawalli of a Waqf to assist him in performing the duties of such
Waqf.
(xxiii)
“Khanqah” means and also includes Daira, Takiya, Jamat Khana and the
premises where a Dervesh or Sufi Saint had imparted / imparts religious and
spiritual teachings to the Disciples and seekers of truth, congregate for
religious instructions and devotional exercise.
(xxiv)
“Legal practitioner” shall have the same meaning as assigned to it in the
Advocates Act, 1961 (25 of 1961).
(xxv)
“Madarsa” means and includes Islamic learning centre where religious
education, alongwith other curriculum, is imparted.
(xxvi)
“Maktab” means and includes a place where elementary Islamic education
and teachings are imparted.
(xxvii)
“Mansha-e-Waqif” means intention of a person who dedicated his property
as a Waqf and includes the object, purpose of dedication and scheme for
administration of the Waqf.
(xxviii) “Maqbara” means a grave or a tomb.
(xxix)
“Masjid” means a place/Building of worship where Muslims offer
Congregational prayers / Salath (Namaz).
(xxx)
“Mouzan/Moazzin” means a person appointed or nominated or volunteer to
call for Aazan / Salath and to carry out such other duties as assigned from
time to time by the management of the Mosque.
(xxxi)
“Muzawar/Mujabir” means a person appointed by the Sajjada Nasheen or
Mutawalli or any competent authority under the law for the time being
enforced in respect of Dargah / Mazar or a shrine to discharge the functions
assigned to him from time to time;
(xxxii)
“Musafir Khana / Sarai” is a place for the accommodation of travellers;
(xxxiii) “Pesh-e-Imam” means a person working / appointed by the management of
a mosque to lead congregational prayers/salath;
(xxxiv) “Preferential Voting” means casting of vote in the order of preference. ‘First
preference’ means the figure ‘1’ written opposite the name of a candidate,
‘Second Preference’ means the figure ‘2’ written opposite the name of
candidate;
(xxxv)
“Premises” means any land or any building or part of building and includes,-
(a)
Gardens, water bodies, grounds, if any, appertaining to such building
or part of the building
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(b)
Dargah, Graveyard, Peerkhana, Karbala, Maqbara, Mosque, Tomb,
Imambara, Lunger Khana, Ziarat Khana, Kutub Khana and the
courtyard appertaining thereto; and
(c)
Any fittings affixed to such building or part of the building for the
more beneficial enjoyment thereof;
(xxxvi) “Presiding Officer” includes any Polling Officer performing any of the
functions of a Presiding Officer under rule 26;
(xxxvii) “Public Holiday” means any day which is a public holiday for the purpose of
Section 25 of Negotiable Instruments Act, 1881;
(xxxviii) “Registrar” means the Registrar of the Tribunal and includes Assistant
Registrar or any other person to whom the Registrar may, with the approval
of the Tribunal, delegate any function to be exercised by the Registrar;
(xxxix) “Returning Officer” means an officer appointed under sub-rule (1) of rule
16 and includes any Assistant Returning Officer performing any functions
authorized to perform under sub-rule (4) of rule 16;
(xl) “Sajjada Nasheen” means a spiritual superior of a Khankah, Dargah,
Jamatkhana, Takiya and incharge of spiritual affairs of such institutions;
(xli) “Section” means the section of this Act;
(xlii) “Senior Muslim Advocate” as per proviso to Clause (iii) of sub-section (1)
of section 14 means a Muslim Advocate who has put in active practice for a
minimum period of 20 years;
(xliii) “Sheristedar” means an official of Management cadre working in Waqf
Tribunal;
(xliv) “Surplus” means the number by which the value of the votes, original and
transferred, of any candidate exceed the quota;
(xlv) “Transferred Vote” in relation to any candidate means a vote the value or
part of the value of which is credited to such candidate and which is derived
from a ballet paper on which a second or a subsequent preference is recorded
for such candidate;
(xlvi) “Unexhausted paper” means a voting paper on which a further preference is
recorded for a continuing candidate;
(xlvii) “Waqf Inspector” means an Official appointed by the Jharkhand State Waqf
Board, at the District level as such;
(xlviii) “Waqf Officer” means an Officer appointed by the Jharkhand State Waqf
Board, at the District level as such;
(xlix) “Waqf Premises” means,-
(a)
Any premises dedicated by a person of movable or immovable
property orally or by an instrument in writing and used for any
purpose recognized by Muslim Law as pious, religious and
charitable.
(b)
Premises notified as Waqf property in the official gazette; or
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(c)
Premises registered as Waqf in the Register of Auqaf maintained by
the Board; or
(d)
Premises being treated as Waqf by user.
(l)
“Waqf Property” means any movable or immovable property referred to in
clause (r) of Section 3 of the Act and includes premises thereof;
(li)
“Waqf Tribunal” means the ‘Jharkhand State Waqf Tribunal’ constituted
under sub-section (1) of section 83 of the Act;
(lii)
“Yateem Khana” means an institution providing care, shelter and education
to destitute and orphans.
(2) All words and expressions used in these rules and not defined herein but
defined in the Act, shall respectively have the same meaning as assigned to
them in the Act.
CHAPTER – II
SURVEY OF PROPERTIES OF AUQAF
3. Appointment of Survey Commissioner:-
(1) The State Government under Sub Section 1 of Section 4 shall by notification
in the official gazette appoint an officer to be the Survey Commissioner of
Waqfs or instead of making such appointment may notify the secretary to the
Government, Department of Revenue, Registration & Land Reforms, to hold
simultaneously the post of Survey Commissioner of Waqfs.
(2) The State Government by notification in the official Gazette shall appoint an
officer to be the Additional Survey commissioner or may notify the Collector
or Additional collector of a district to perform and exercise all the powers
and duties of an Additional Survey Commissioner.
(3) The State Government by notification in the official gazette to notify an
Assistant Survey Commissioner or may notify the Deputy Collector, Land
Reforms of a revenue Sub Division to exercise and perform all the duties and
powers of an Assistant Survey commissioner and shall have assistance by :-
a) Waqf Officer;
b) Waqf Inspector,
c) District Auqaf Committee,
d) Mutawalli of the Waqf Estate,
e) District Welfare Officer,
(4) The Survey Commissioner shall submit the survey report to the Department of
Scheduled Tribe, Scheduled Caste, Minority & Backward Class Welfare of
the State Government as well as the Jharkhand State Waqf Board.
4.
Other particulars to be included in the report of the Survey Commissioner of
Auqaf :- The report to be submitted by the Survey Commissioner to the Government under
sub-section (3) of Section 4 of the Act shall be in Form No.1.
5.
Survey and Publication of list of Auqaf:- The State Government shall cause
Survey of Auqaf and shall cause publication of list of Auqaf as provided under Chapter-II of
the Act by the Revenue Department.
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6.
Particulars to be included in the list of Auqaf to be published by the State
Government:- The list of Auqaf published by the Revenue Department of the State
Government under section 5 shall be in Form No.2.
7.
Updating of Auqaf Property in Revenue Records:-
(1)
The State Government, after receipt of the list of Auqaf from the Board
under section 5 of the Act, after publication in the official gazette either
by the Department of Scheduled Tribe, Scheduled Caste, Minority and
Backward Class Welfare or by the Revenue Department shall send it
within a period of one month to the Authorities in Revenue, Urban
Development and Panchayati Raj Departments.
(2)
On receipt of the lists under sub-rule (1) from the Government, the
concerned authorities shall, after updating the Revenue Records of the
Government at circle level, submit a copy of such updated records to the
Government and the Board within a period of six months.
8.
Updating of Records of Waqf properties:-
(1)
Whenever any new property is acquired by a registered Waqf institution
or a new Waqf institution is registered, and in every case of Waqf by
user, the Mutawalli or the Executive Officer in relation to the Waqf shall
apply in Form No.3 to the Collector of the District / Land Reforms
Deputy Collector and/or Circle Officer, Municipal Commissioner and in
difficulty, within whose local limits the property is situated for updating
of property in the Revenue Records of the Government and also to the
Chief Executive Officer of the Waqf Board for updating Register of
Auqaf.
(a)
Where the property is an agricultural land to the Revenue
Circle in whose jurisdiction the land is situated; and
(b)
Where the property falls under Municipality or Corporation
or Village Panchayat within whose local limits the property
is situated before that institution also.
(2)
The Mutawalli (which include Managing Committee) or the Executive
Officer shall update the records of each of such property by entering in
the relevant column of the record the words “Waqf property” followed
by the name of the “Waqf”.
(3)
The Mutawalli of every Waqf institution shall maintain the following
Registers; namely:-
(a)
Register containing the details of immovable properties
belonging to the Waqf in Form No.4.
(b)
Register containing the details of movable properties
belonging to the Waqf in Form No.5.
(c)
Register containing the details of lease granted under
Section 51 and 56 of the Act in respect of immovable
properties of the Waqf in Form No.6.
(d)
Register containing details of properties developed under
various schemes as per Section 51 of the Act in Form No.7.
(e)
Register containing details of the Waqf properties acquired
under Land Acquisition Act, 1894 or any other law relating
to acquisition of land in Form No.8.
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024 7
(4)
The Mutawalli shall update the registers maintained in rule 3 on or
before 31st of January every year.
(5)
The Mutawalli shall submit the aforesaid registers duly updated to the
District Welfare Officer-cum-Waqf Nodel Officer on or before the end of
February every year.
(6)
The District Welfare Officer-cum-Waqf Nodel Officer shall after
verification of the entries made by the Mutawalli in the prescribed
registers and cause necessary entries in the corresponding registers to be
maintained in the District Waqf Office in Form Nos. 9,10,11,12 and 13.
(7)
The District Welfare Officer-cum-Waqf Nodel Officer shall submit report
of the aforesaid entries made under rule (6) to the Chief Executive Officer
in Form Nos. 9,10,11,12 and 13 on or before 31st March every year.
(8)
On receipt of the report from the District Welfare Officer-cum- Waqf
Nodel Officer, the Chief Executive Officer shall cause necessary entries
in the corresponding registers to be maintained in the office of the
Board in Form Nos.14, 15, 16, 17 and 18.
9. Assessment of damages:- In assessing damages for unauthorized use and
occupation of Waqf property, under sub-section (6) of section 7 of the Act, the Waqf
Tribunal shall take into consideration the following matters; namely:-
(1)
The purpose and the period for which the Waqf property is in
unauthorized occupation.
(2)
The extent of the property available in such premises.
(3)
The rent that would have been realized, if the properties had been let out
on rent for the period of unauthorized occupation.
(4)
Penalizing the unauthorized occupants: The penalty levied under sub-
section (6) of section 7 of the Act by the Tribunal shall not exceed
double the amount of damages assessed.
(5)
Any other matter relevant for the purpose of assessing the damages
including any damage caused to the building.
10. Powers to acquire, hold and transfer of property as per Section 13 of the Act:-
(1)
The Board being a body corporate having perpetual succession shall have
power to acquire, hold and transfer any such property as Board’s own
property and that property shall not be treated as Waqf property. The
income derived from such property shall be determined by the Board and
shall be utilized for its development and other contingent expenditure as
decided by the Board.
(2)
The Board shall have power to acquire and hold the movable or
immovable properties obtained from any source other than the Auqaf.
(3)
The power to sue and to be sued in pursuance of sub-section (3) of
section 13 is confined to the property belonging to the Board.
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Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
CHAPTER-III
ELECTION CONDUCTING AUTHORITY
11. Appointment of Electoral Registration Officer:-
(1)
The Government shall appoint an Electoral Registration Officer who
shall be an Officer not below the rank of an Additional Secretary from
Indian Administrative Service/ Jharkhand Administrative Service Cadre,
whose appointment shall be made not less than six months prior to the
completion of the respective term of each of the Boards.
(2)
Notification regarding Electoral Rolls:- The Electoral Registration
Officer shall issue notification regarding preparation of Electoral Rolls in
Form No.19 within seven days from the date of his appointment which
shall be published at the office of the Electoral Registration Officer,
Office of the Jharkhand State Waqf Board and in all the District Waqf
Offices and such Waqf institutions as Electoral Registration Officer may
think fit. Wide Publicity of the Notification shall also be given by
publishing it in local dailies having circulation in the area, at least one
each in Hindi, Urdu and English languages.
(3)
Preparation of Electoral Roll:- The Electoral Roll for the four
Categories of Electoral Colleges under Clause (b) of sub-section (1) of
section 14 shall be prepared or revised before the date of the notification
of the election to the Board.
(4)
Obtaining list of Electoral Colleges by Electoral Registration Officer:-
The Electoral Registration Officer at the time of revision of Electoral
Roll to the four Electoral Colleges shall obtain the list of eligible voters
in case of categories specified in Sub-Clause (i) and (ii) of Clause (b) of
sub-section (1) of section 14, from (i) Secretary-General of Lok Sabha
and Rajya Sabha, (ii) Secretary, Jharkhand Legislative Assembly , (iii) the
Secretary, Jharkhand State Bar Council and from (iv) the Chief Executive
Officer, Jharkhand State Waqf Board respectively.
(5)
The Electoral College for the category of Mutawalli shall consist of
Auqaf having an annual income of Rupees One Lakh and above for the
financial year preceding the year of election.
12. Application for Registration by Voters to the Electoral Registration Officer:-
(1)
The Electoral Registration Officer shall furnish the form of application in
Form No.20 to all those, whose names are not included in the list
obtained under sub-rule (4) of rule 11 and to all persons eligible for
registration, on their request.
(2)
The voters intending to get registered in the respective Electoral College
shall fill up Form No.20 and Form No.20 (A) and submit them so as to
reach the Electoral Registration Officer within seven days from the date
of Notification under sub-rule (2) of rule 11.
(3)
No person shall be entitled to seek election unless his name is in the
Electoral Roll.
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024 9
13. Publication of Provisional Electoral Roll.—The Electoral Registration Officer
shall prepare and publish the Provisional Electoral Roll in not more than three months from
the date of his appointment.
(a)
The last date for filing of Claims/Objections for the Provisional
Electoral Roll shall be fifteen days from the date of its publication.
(b)
If any objections are received the Electoral Registration Officer shall
consider them by holding summary inquiry and pass appropriate orders
within fifteen days from the last date fixed for receipt of objections.
(c)
The Final Electoral Roll shall be published within seven days from the
completion of the process under this rule.
14. Forms and Language of Electoral Roll:-
(1)
The Electoral Roll in respect of the four Electoral Colleges shall be
prepared in Form Nos.21A, 21B, 21C and 21D.
(2)
The Electoral Roll shall be in Urdu, Hindi and English languages.
15. Electoral Roll of Ex-Muslim Members of Parliament from Jharkhand, Ex-
Muslim Members of State Legislature and Ex-Muslim Members of the Bar Council:- The
procedure specified under rules 11 to 14 shall mutatis mutandis apply to the preparation of
rolls of the Electoral Colleges specified in the second proviso to sub-section (2) of section 14.
Separate Electoral Roll shall be maintained for each category there under, in Forms Nos.22A,
22B and 22C respectively.
16. Returning Officer and Assistant Returning Officer:-
(1) The State Government shall appoint an Officer not below the rank of an
Additional Secretary from Indian Administrative Service/ Jharkhand
Administrative Service Cadre to be the Returning Officer for conduct of
Election to the Members of Jharkhand State Waqf Board from the four
Electoral Colleges respectively.
(2)
For the purpose of polling to the election of member/s of the Jharkhand
State Waqf Board from the respective Electoral College of Mutawalli of
the State of Jharkhand shall be made at the office of respective Waqf
Board. The Returning Officer shall conduct such polling at the office of
Waqf Board. The Returning Officer shall appoint Under Secretary rank
Officer from Jharkhand Administrative Service/ Jharkhand Secretariat
Service cadre, as the Presiding Officer for the purpose of such polling.
(3)
There may be one or more polling booths where election has to be
conducted.
(4)
The Returning Officer may also appoint Chief Executive Officer of
Jharkhand State Waqf Board as Assistant Returning Officer.
(5)
The Returning Officer shall appoint sufficient number of Presiding
Officers and Polling Officers for the booths:
Provided that, no Assistant Returning Officer shall perform any of the functions of
the Returning Officer which relates to the scrutiny of nominations unless the Returning
Officer is unavoidably prevented from performing the said functions.
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Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
17. Notification of election by the State Government:- The State Government
shall notify in Form No.23 the schedule of election to the four Electoral Colleges consisting
of one or two members from each Electoral College under Clause (b) of sub-section (1) of
section 14, indicating the dates of commencement and completion of election which shall
not be less than thirty days.
18. Publication of Notice of Election by Returning Officer:-
(1)
Public Notice of election notified under rule 17 shall be published by the
Returning Officer indicating clearly,-
(a)
the number of persons to be elected to each of the Electoral
Colleges for which election is declared;
(b)
the last date for filing of nominations shall be the seventh day
after the date of publication of the Notice under this rule;
(c)
the place at which such nominations are to be filed;
(d)
the date of scrutiny of nominations which shall be the day next
after the last date for filing nominations;
(e)
the last date for withdrawal of nominations shall be the third
day after the date for the scrutiny of nominations;
(f)
the date on which polling shall be held being a date not earlier
than the tenth day after the last date for withdrawal of
nominations;
(g)
the date before which the process of election shall be
completed; and
(h)
the date, place and time for counting of votes:
Provided that, the last date for the filing of the nomination shall
not be less than thirty clear days before the date of the election.
Provided further that, if any date notified under Clauses (b), (d)
and (e), falls on a public holiday such date shall be deemed to be the
date on the working day falling immediately next after the holiday.
(2)
The notice shall be issued in Form No.24 and published in local dailies
having wide circulation in the area, at least one in each language namely
Hindi, Urdu and English, and at the offices of:
(i)
The Returning Officer;
(ii)
The Jharkhand State Waqf Board;
(iii)
The District Auqaf Committees; and
(iv)
Any other offices deemed appropriate by the Returning
Officer.
19. Presentation of Nomination Papers:-
(1)
Nomination papers duly filled in all respects in Form 25 shall be filed on
any day before the last day notified, at such place and within such time
as may be specified in the notice published under rule 18.
(2)
Every candidate for election as Member of the Board shall be proposed
by one voter and seconded by another voter. The nomination paper shall
be delivered to the Returning Officer either personally or by / through an
Agent on or before the date specified in the notification under rule 18.
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(3)
A candidate may file not more than two nomination papers for any seat;
however the proposer in respect of each nomination shall not be the
same person.
(4)
Where there is a single Member/Voter of any category of Electoral
College, he himself shall file Nomination without proposer and
seconder.
20. Deposit:- Every nomination paper shall be accompanied by the demand draft
or cash receipt for having paid non-refundable deposit of an amount of Rs.2,000/- (Rupees
Two Thousand only) in favour of the respective Waqf Board and produce the receipt along
with the Nomination Paper.
21. Notice of Nomination, time and place of scrutiny of nomination papers:- The
Returning Officer shall on receipt of the nomination paper, inform the candidate or
authorized person delivering the same, the date, time and place fixed for scrutiny of
nomination papers and record on the nomination paper its serial number in the category and
the date and time at which the nomination paper was delivered to him. Thereafter the
Returning Officer shall cause to be affixed in a conspicuous place in his office a notice of
the nominations in Form No.26, separately in respect of each Electoral Colleges.
22. Oath of Affirmation:-
(1)
Every candidate shall at the time of filing the nomination take oath of
affirmation in Form No.27 before the Returning Officer.
(2)
The candidate can appoint his Election Agent by making an application
in Form No.28 to the Returning Officer.
23. Scrutiny of Nomination:-
(1)
On the date fixed for scrutiny of nomination under rule 21, no other
person other than the candidate or the Election Agent and one proposer
of each candidate shall be allowed to be present at the time of scrutiny.
(2)
The Returning Officer shall examine the nomination papers and receive
objections, if any, in respect of any nomination to the respective
Electoral College, may either on receipt of such objections or on his own
motion after summary inquiry, as he deems fit, reject any nomination on
any of the following grounds; namely:-
(a)
That the candidate is ineligible for election as Member of that
particular category of the Board;
(b)
That the candidate incurred any of the disqualifications specified
in section 16 of the Act;
(c)
That the name of the candidate is not entered in the Electoral Roll.
(d)
That there has been a failure to comply with any of the provisions
of rules 20, 21 and 22(1); and
(e)
That the signature/thumb impression of the candidate or the
proposer in the nomination paper is not genuine:-
Provided that, the Returning Officer shall permit any clerical or
technical error in nomination paper with regard to the said names or numbers
to be corrected in order to bring them into conformity with the corresponding
entry in the Electoral Roll and wherever necessary direct that any clerical or
technical errors may be overlooked.
(3)
Nothing contained in Clause (b) or (c) of sub-rule (2) shall be deemed to
authorize the rejection of nomination of any candidate on the ground of
any irregularity in respect of a nomination paper if the candidate has
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Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
been duly nominated by means of another nomination paper, in respect
of which no irregularity has been committed.
(4)
The Returning Officer shall not reject any nomination paper on the
ground of any defect which is not of a substantial nature.
(5)
The Returning Officer shall hold scrutiny on the date appointed in this
behalf under rule 21 and shall not allow any adjournment of the
proceedings except when such proceedings are intercepted or obstructed
by causes beyond his control:-
Provided that, in case any objection is raised by the Returning
Officer or any contesting candidate to that particular category or his
election agent concerned may be allowed time to rebut it, not later than
the next day fixed for scrutiny and the Returning Officer shall record his
decision on the date on which the proceedings have been adjourned.
(6)
The Returning Officer shall endorse on each nomination paper his
decision accepting or rejecting the same and if the nomination paper is
rejected, shall record in writing a brief statement of his reasons for such
rejection.
(7)
The Returning Officer shall take up the scrutiny of nomination paper of
various Electoral Colleges as per the sequence under Clause (b) of sub-
section (1) of Section 14.
(8)
Immediately after all the nomination papers for the various Electoral
Colleges have been scrutinized and decisions accepting or rejecting the
same have been recorded, the Returning Officer shall prepare a list of
candidates whose nominations have been found valid in Form 29.
24. Withdrawal of candidature:-
(1)
A candidate may at any time before the date and time notified under rule
18 withdraw his candidature by giving in writing to the Returning
Officer, either in person or his Election Agent who is authorized in this
behalf, a notice of withdrawal in Form 30 and on receipt of such notice,
the Returning Officer shall endorse thereon, the date and time at which it
was delivered.
(2)
No person who has given a Notice of withdrawal of the candidature,
under sub-rule (1), shall be allowed to recall the notice.
(3)
The Returning Officer shall on being satisfied the genuineness of notice
and the identity of the person delivering it, notify the withdrawal of
candidature in Form 31, on the Notice Board or at a conspicuous place
of his office for each of the Electoral Colleges separately.
25. Preparation and Publication of list of contesting candidates:-
(1)
Immediately on expiry of the period within which candidature may be
withdrawn under rule 24, the Returning Officer shall prepare in Form 32
in respect of each Electoral College, a list of such contesting candidates
alphabetically in English with addresses.
(2)
The Returning Officer shall immediately after the preparation of the list
of contesting candidates, cause a copy of the list to be published on the
Notice Board or affixed at a conspicuous place in his office. The list
shall also be published in Hindi and Urdu languages.
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024 13
26. Presiding Officer and Polling Officer:-
(1)
The Returning Officer shall appoint one Presiding Officer and such
number of Polling Officers as he thinks necessary for each Polling
Station.
(2)
A Polling Officer shall, if so directed by the Presiding Officer perform
all or any of the functions of Presiding Officer.
(3)
If the Presiding Officer, owing to illness or other unavoidable
circumstances remains absent from the polling station, his functions
shall be performed by such Polling Officer as has been previously
authorized by the Returning Officer to perform such functions during
any such absence.
(4)
Reference in these Rules to the Presiding Officer shall unless the context
otherwise requires, be deemed to include any person performing any
functions under authority from the Presiding Officer.
27. Duties of Presiding Officers/Polling Officers:- It shall be the duty of the
Presiding Officer and the Polling Officer at each polling station to see that the poll is
conducted fairly and in orderly manner, and in so conducting they shall be guided by the
detailed instructions set out in Annexure – I to these rules.
28. Procedure where the number of candidates is equal to or less than the
number of seats:-
(1)
No poll shall be held pursuant to a notification of election issued under
rule 18, unless the number of contesting candidates in any Electoral
College is more than the number of seats to be filled from the Electoral
college;
(2)
Where the number of candidate contesting from any Electoral College is
equal to or less than the number of seats to be filled in the Electoral
College, the Returning Officer shall forthwith declare in Form 33 that
such candidates are duly elected to fill the seats and send information to
the Government.
29. Procedure to be adopted by Returning Officer, Asst. Returning Officer,
Presiding Officer and Polling Officer:- The Returning Officer, Asst. Returning Officer,
Presiding Officer and Polling Officer shall follow the procedure as laid down in the Conduct
of Election Rules 1961 made under the Representation of People Act, 1951 (Central Act 43 of
1951) as amended from time to time wherever the provisions of these rules are found to be
inadequate.
30. Manner of casting votes and choice of Electoral College:-
(1)
Voting by proxy shall not be permitted at any election held under sub-
section (2) of section 14.
(2)
Where any voter is a voter in more than one Electoral Colleges he shall
be allowed to vote in any one of the Electoral Colleges of his choice, if
he indicates at least two days earlier to the date of poll, about his choice
in Form No.34 to the Returning Officer. The Returning Officer shall
thereupon retain the name of the voter only in the Electoral College of
the choice of the voter and strike out the name in the Electoral Roll of
the remaining Electoral Colleges.
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31. Method of Voting:-
(1)
For the purpose of voting, the voter shall use only a violet sketch pen
supplied by the Returning Officer, along with the ballot paper. He
shall not use any other pen, pencil, ball point pen or any other marking
instrument, as that will invalidate the ballot paper;
(2)
Voting shall be by making the figure ‘1’ in the column marked “order
of preference” provided against the name of the candidate whom the
voter chooses as first preference;
(3)
The voter has to indicate his further preferences for the remaining
candidates in the same manner as in Sub-rule (1) above, by making
figure 2 in the order of his preference;
(4)
The voter has as many preferences as there are contesting candidates
irrespective of the number of candidates to be elected. For example, if
there are five contesting candidates, and only two are to be elected, a
voter can mark preferences against the candidates of his choice in
order of preference;
(5)
Preferences shall be indicated in Arabic numerals i.e., 1, 2 or in words
as ‘one’, ‘two’ and not in any other manner;
(6)
The voter shall not write his name or write any words or put his
signature or initials or thumb impression on the ballot paper to disclose
his identity;
(7)
It is not sufficient to put a mark like ‘ ’ or ‘X’ against the candidates
but the voter shall indicate his order of preference;
(8)
If the ballot paper is to be held valid, it is necessary that the voter
should indicate his first preference by placing figure ‘1’ against one of
the candidates. The other preferences are optional, i.e., the voter may
or may not indicate the second and subsequent preference;
(9)
In the event of election taking place for all Electoral Colleges separate
ballot boxes have to be provided for each of the Electoral Colleges;
(10)
The voter and polling agent shall not carry any electronic gadgets
inside the polling booths; and
(11)
Any voter or polling agent found to be violating sub-rule (10), his vote
shall be invalid and such erring voter or polling agent shall not be
allowed to stay inside the polling station.
32. Form of Ballot Paper:-
(1)
Every ballot paper shall have a counter foil attached thereto, to
indicate the Electoral Roll part number and serial number of the voter
on both ballot paper and counterfoil and the particulars therein shall be
in Hindi, Urdu and English languages;
(2)
The names of the candidates shall be printed on the Ballot Paper in the
same order in which they appear in the list of contesting candidates;
(3)
The Ballot Paper shall have a column against the name of each
candidate wherein voter shall indicate his preference;
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024 15
(4)
If two or more candidates bear the same name they shall be
distinguished by the addition of their occupation or residence or in any
other manner as the Returning Officer may prescribe;
(5)
When the election to all the four Electoral Colleges takes place, the
color of the ballot paper for each category shall be specified by the
Returning Officer; and
(6)
The Returning Officer may adopt the guidelines prescribed in the
Hand Book for Returning Officers of Election Commission of India
for the exact design of the Ballot Paper.
33. Counting of Votes, Results and Return of Election:-
(1)
On the date fixed for counting of votes, the Returning Officer shall
cause to take up counting of votes as per the procedure framed under
the Representation of the People Act 1951;
(2)
The Return of Election for each of the Electoral Colleges shall be
furnished separately in Form 35;
(3)
The Returning Officer shall for each Electoral College declare in Form
36 the candidate/candidates who has polled duly the largest number of
votes as elected. A copy of Form 35 should be sent to Government and
to the Chief Executive Officer of Jharkhand State Waqf Board;
(4)
At the time of counting the candidate or his agent shall be entitled to
be present;
(5)
A ballot paper is invalid if,-
(a)
the figure ‘1’, ‘2’ or the word ‘one’, ‘two’ is not marked; or
(b)
the figure ‘1’, ‘2’ or the word ‘one’, ‘two’ set opposite the
name of more than one candidate or is so placed as to render it
doubtful to which candidate is intended to apply; or
(c)
the figure ‘1’, ‘2’ or the word ‘one’, ‘two’ and some other
figures are set opposite the name of the same candidate; or
(d)
there is any mark in writing by which the voter can be
identified;
(e)
If there is such effacement, obliteration, erasure, or mutilation
as to make the first preference ambiguous.
34. Ascertainment of quota: At any election where more than one seat is to be
filled, every valid ballot paper shall be deemed to be of the value of hundred, and the quota
sufficient to secure the return of a candidate at the election shall be determined as follows,
namely:-
(1)
Add the values credited to all the candidates under clause (c) of Rule
74 of Conduct of Election Rules, 1961;
(2)
Divide the total by a number which exceeds by 1 the number of
vacancies to be filled; and
(3)
Add one to the quotient ignoring the remainder, if any, and the
resulting number is the quota.
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Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
35. Candidates with quota elected:- If at the end of any count or at the end of the
transfer of any parcel or sub-parcel of an excluded candidate the value of ballot papers
credited to a candidate is equal to, or greater than the quota, that candidate shall be declared
elected.
36. Transfer of surplus:-
(1)
If at the end of any count the value of the ballot papers credited to a
candidate is greater than the quota, the surplus shall be transferred, in
accordance with the provisions of this Rule, to the continuing
candidates indicated on the ballot papers of that candidate as being next
in order of the elector’s preference.
(2)
If more than one candidate have a surplus, the largest surplus shall be
dealt with first and the others in order of magnitude; provided that
every surplus arising on the first count shall be dealt with before those
arising on the second count and so on.
(3)
Where there are more surpluses than one to distribute and two or more
surpluses are equal, regard shall be had to the original votes of each
candidate and the candidate for whom most original votes are recorded
shall have his surplus first distributed; and if the value of their original
votes are equal, the Returning Officer shall decide by lot which
candidate shall have his surplus first distributed.
(4) (a) If the surplus of any candidate to be transferred arises from original
votes only, the Returning Officer shall examine all the papers in the
parcel belonging to that candidate, divide the unexhausted papers into
sub-parcels according to the next preferences recorded there on and
make a separate sub-parcel of the exhausted papers;
(b) He shall ascertain the value of the papers in each sub-parcel and of all
the unexhausted papers;
(c) If the value of the unexhausted papers is equal to or less than the
surplus, he shall transfer all the unexhausted papers at the value at
which they were received by the candidate whose surplus is being
transferred; and
(d) If the value of the unexhausted papers is greater than the surplus, he
shall transfer the sub-parcels of unexhausted papers and the value at
which each paper shall be transferred shall be ascertained by dividing
the surplus by the total number of unexhausted papers.
(5)
If the surplus of any candidate to be transferred arises from transfer as
well as original votes, the Returning Officer shall examine all the
papers in the sub-parcel last transferred to the candidate, divide the
unexhausted papers into sub-parcels according to the next preferences
recorded thereon, and then deal with the sub-parcels in the same
manner as is provided in the case of sub-parcels transferred to in sub-
rule 4.
(6)
The papers transferred to each candidate shall be added in the form of a
sub-parcel to the papers already belonging to such candidate.
(7)
All papers in the parcel or sub-parcel of an elected candidate not
transferred under this Rule shall be set apart as finally dealt with.
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024 17
37. Exclusion of candidates lowest on the poll:-
(1)
If after all the surpluses have been transferred as hereinbefore provided,
the number of candidates elected is less than the required number, the
Returning Officer shall exclude from the poll the candidate lowest on
the poll and shall distribute his unexhausted papers among the
continuing candidates according to the next preferences recorded
thereon; and any exhausted papers shall be set apart as finally dealt
with.
(2)
The papers containing original votes of an excluded each paper being
one hundred.
(3)
The papers containing transferred votes of an excluded candidate shall
then be transferred in the order of transfers in which, and at the value at
which, he obtain them.
(4)
Each of such transfers shall be deemed to be a separate transfer but not
a separate count.
(5)
If, as a result of transfer of papers, the value of votes obtained by the
candidate is equal to or greater than the quota, the count then
proceeding shall be completed but no further papers shall be transferred
to him.
(6)
The process directed by this Rule shall be repeated on the successive
exclusions one after another of the candidates lowest on the poll until
such vacancy is filled either by the election of a candidate with the
quota or as hereinafter provided,
(7)
If at any time it becomes necessary to exclude a candidate and two or
more candidates have the same value of votes and are the lowest on the
poll, regard shall be had to the original votes of each candidate and the
candidate for whom fewest original votes are recorded shall be
excluded; and if the values of their original votes are equal the
candidates with the smallest value at the earliest count at which these
candidates had unequal values shall be excluded.
(8)
If two or more candidates are lowest on the poll and each has the same
value of votes at all counts the Returning Officer shall decide by lot
which candidate shall be excluded.
38. Grant of Certificate to Elected candidates:- As soon as may be after a
candidate has been declared elected, the Returning Officer shall grant to such candidate a
Certificate of election in Form 37 and obtain from the candidate an acknowledgment duly
signed by him and immediately send the acknowledgment to the Government along with a
copy of Result in Form 35 in the case of each Electoral College.
39. Scholar to be nominated by State Government:-
(1)
A Sunni Scholar nominated by the State Government as per Clause (d)
of sub-section (1) of section 14 of the Act the State Government shall
appoint a prominent recognized Sunni Scholar must possess a
certificate not below the rank of a Mufti awarded by a major Islamic
Seminary.; and
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Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
(2)
A Shia Scholar nominated by the State Government as per Clause (d) of
sub-section (1) of section 14 of the Act the State Government shall
appoint a prominent recognized Shia Scholar must possess a Masters
Degree / Hujjat-ul-Islam in Islamic Theology from the Recognized
Universities / major Islamic Seminary.
40. Notification by Government:- The State Government shall within two weeks
after the receipt of results of election of the members of the respective Jharkhand State Waqf
Board under the various Electoral Colleges shall issue a notification containing the names of
elected members from the four Electoral Colleges under Clause (b) of sub-section (1) of
section 14 and other members nominated under Clauses (c), (d) and (e) of Sub-section (1) of
Section 14 as members of the Jharkhand State Waqf Board in Form 38.
41. Election of the Chairperson:-
(1)
Whenever the Board is constituted or re-constituted, the State
Government shall fix by giving to the members not less than seven
clear days notice in Form 39 a date for the first meeting of the Board
to elect a Chairperson. The Notice shall state the time and place of the
meeting.
(2)
Whenever a vacancy of Chairperson of the Board arises due to
resignation, removal, death or otherwise the procedure for election of
Chairperson as prescribed in sub-rule (1) above shall be followed.
(3)
The election of Chairperson shall be conducted by the Principal
Secretary to the Government of Department of Scheduled Tribe,
Scheduled Caste, Minority & Backward Class Welfare or any other
Officer in the same rank deputed by the State Government in the
meeting convened under Sub Section (1) through secret ballet code.
The proceedings of the meeting shall be recorded and minutes drawn.
(4)
Immediately after the election of the Chairperson, the Government
shall issue a notification in Form 40 containing the name of the
member elected as a Chairperson of the Jharkhand State Waqf Board
under sub-section (8) of section 14.
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024 19
CHAPTER-IV
APPOINTMENT, DUTIES AND POWERS OF CHIEF EXECUTIVE OFFICER OF
THE BOARD
42. Appointment of Chief Executive Officer of the Board:-
(1)
The Chief Executive Officer of the Board shall be appointed, out of an
Officer of the Jharkhand Administrative Service cadre, not below the
rank of Deputy Secretary to the Government, who shall be a Minority
Muslim Community having knowledge of Urdu language.
(2)
The term of deputation for the post of Chief Executive Officer shall be
for three years generally, which may be extended up to five years in
consultation with the Board.
43.
Powers of Chief Executive Officer in respect of orders or resolutions of
Board under Section 26:- The objection noting of the Chief Executive Officer under
Section 26 of the Act will be remitted before the Board within seven days of such resolution
and the Board shall take a decision in the next meeting or within 60 days from the date of
such objection.
44.
Inspection of records, registers or other documents of any public office
relating to Waqf or movable or immovable properties which are Waqf properties or, are
claimed to be Waqf properties under Section 29:-
(1)
The Chief Executive Officer or any other Officer of the Board duly
authorized by him in this behalf shall make an application in Form 41
to the concerned authority for the purpose of inspection of records,
registers or other documents relating to movable or immovable property
of Waqf under section 29 of the Act who will be obliged to facilitate
the same, being an official duty under Section 28 of the Waqf Act.
(2)
In case the concerned authority refuses to produce the said records,
registers, documents relating to movable or immovable Waqf properties
to the Chief Executive Officer or any other Officer of the Board duly
authorized in this behalf, the Chief Executive Officer shall report to the
State
Government
through
the
Department
of
Personnel,
Administrative Reforms and Rajbhasha with a prayer for initiation
of departmental proceeding for dereliction of duty by the Officer
concerned and to ensure for securing the said documents, records,
registers etc., for inspection.
(3)
The State Government on receipt of the Report of the Chief Executive
Officer shall take up such dereliction on part of the Officer
departmentally and also direct the concerned authority to produce the
said documents for inspection within 15 days from the receipt of the
direction of the State Government.
(4)
In case the Chief Executive Officer or any other Officer of the Board
requires a certified or authenticate copy of any such record, register,
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Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
document of movable or immovable property from the authority
concerned and such Officer shall supply the copy of the required
records, registers or documents from receipt of requisite fee.
45. Time unit to produce the documents:- The Mutawalli, Government Offices,
organisations or any other person having custody of documents related to Waqf properties
shall produce the same within ten days before the Chief Executive Officer.
46. Conditions subject to which inspection of Board’s proceeding and other
records and supply of certified copies may be allowed under sub Section (1) of Section 30:-
(1)
The Board or Chief Executive Officer may allow inspection of his
proceedings and other records in its custody on an application made in
Form 41(A) to the Chief Executive Officer or any other Officer duly
authorized by the Board in its behalf. Every such application shall
specifically mention the details of the records sought to be inspected.
(2)
On receipt of the Application, the Chief Executive Officer or the
Officer authorized by the Board under Sub Rule (1) may grant
permission of inspection to the bonafide persons.
(3)
Inspection of Board’s proceedings or other records shall be made under
the supervision of the official of the Board nominated by the Chief
Executive Officer or the Officer authorized by the Board under Sub
Rule (1) on payment of a fee as may be prescribed by the Board from
time to time.
(4)
Any person desiring to have a certified copy of any proceeding or other
documents/records may make an application in Form 41(B) to the Chief
Executive Officer or any other Officer duly authorized by the Board in
its behalf with specific details
of
the proceedings
or
the
records/documents copies of which is required alongwith the prescribed
fee for grant of certified copies.
(5)
The office of the Board shall prepare the copy of the proceeding,
documents /records and shall compare it to be the Original and the CEO
or any other Officer authorised by the Board shall certify it, sign the
same and put a seal in the following manner :
“Under Section 76 of the Indian Evidence Act, 1872, it is
certified that it is true copy of the original document or part 1 thereof.”
Signature with the date and
seal of the Certifying Officer.
(6)
The certified copy, so prepared shall be granted to the Applicant or
his Agent within one week of the receipt of the application under sub
Rule (5) and the recipient shall put signature for such receipt.
(7)
In no case, a certified copy of any proceeding or of any record of the
Board shall be sent by post.
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024 21
47.
Conditions and restrictions in respect of transfer of Waqf Properties by
the Board under Section 32(2)(J) read with Section 51, Section 99(2) (C) & Section 104
A & B :-
(1)
The Board shall not accord sanction to any transfer of immovable
property of the Waqf through gift, sale, mortgage, exchange of Waqf
property, any lease or any type of settlement for more than three years,
including in the cases when sanction for such gift, sale, mortgage,
exchange and lease and any type of settlement is to be accorded by the
Special Officer under Section 99(2) of the Waqf Act, 1995.
Provided that the Board may accord sanctions in favour of
State Government for the construction of Hospital, School, Madarsa,
Hostel etc. on the Waqf property in the name of the Waqf Estate.
Provided further that such sanction may not be in conflict with
the Waqfnama / mandate of the Waqif and the management of such
established Hospital, School, Madarsa, Hostel etc. will be in direct
control of the management of the Waqf Estate.
(2)
An application alongwith an affidavit for such sanction shall be
submitted by a Mutawalli / Secretary of the Managing Committee to the
Board and with all particulars as the Board may consider necessary.
(3)
Where the Board intends to accord sanction for construction of
Hospital, School, Madarsa, Hostel etc. over the Waqf property, it shall
cause a notice of its intention to do so to be served on the Mutawalli /
Secretary of the Managing Committee of the Waqf either by personal
service or by sending it to him by
registered
post
with
acknowledgement due.
(4). Every notice referred to in Sub-Rule(3) shall specify a period not being
less than 45 days from the date of the notice, within which any
objection or suggestion may be made by any person interested in the
Waqf property and shall contain the following particulars, namely :-
(a)
Nature of the transaction proposed to be made in respect of the
Waqf property;
(b)
Correct description of the Waqf property giving particulars about
survey number, extent, boundary and ward number, holding
number and house number if the property is situated in a
municipal area.
(c)
The revenue assessed on the Waqf property that is, land revenue,
or property tax etc.
(d)
Encumbrances, if any, against the Waqf Property.
(e)
The conditions of grant of such permission for construction of
Hospital, School, Madarsa, Hostel etc. and the proposal of
handing over management of such Waqf property in favour of
the management of Waqf Estate.
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Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
(5)
All objections or suggestions received in respect of proposed
transaction shall be duly considered by the Board before passing order
of sanction thereon, if necessary after holding an enquiry. In case of an
enquiry a notice shall be given to the parties concerned to explain his
case within 07 days.
(6)
The Mutawalli or Secretary of the Managing Committee whoever it
may be shall get the draft of the deed prepared in duplicate for proposed
sanction of any immovable property of Waqf and shall submit the
same before the Chairperson/the Chief Executive Officer of the Board
who shall put the same in the meeting of the Board for approval
immediately thereafter to be held and the said draft and the proposal
shall be approved by at least two third majority of the total number of
members of the Board. After being approved by the Board, the Chief
Executive Officer shall send one of the said drafts to the Mutawalli /
Secretary.
(7)
Upon construction of such Hospital, School, Madarsa, Hostel etc. the
management of the constructed institution will be handed over to the
management of the Waqf Estate.
(8). The Board may develop such property through such agency on the
pattern of development by the Government as indicated above and the
management and control of the Hospital, School, Madarsa, Hostel etc.
will be handed over to the management of the Waqf Estate.
48.
Scheme of Management under Section 32 (2) (d).—Within six months
from the date of commencement of these Waqf Rules, the Auqaf save and except the Auqaf
having their deed of Waqf (Waqifnama) by the Waqif shall frame the Scheme of
Management as required under clause (d) of sub-section (2) of section 32 of the Act in Form
42 duly approved by the Board, failing which the District Welfare Officer-cum- Waqf Nodel
Officer or any other Officer authorized by the Board shall take over management and
supervision of the Waqf institution and the District Welfare Officer-cum-Waqf Nodel Officer
shall take steps to frame the Scheme of Management within a period of 3 months from such
take over. While approving the Scheme of Management, the Board shall ensure that the
Scheme of Management is in consonance with the nature of Waqf.
49.
Selection/appointment of Mutawalli / Managing Committee under
Section 32 (2)(g) .—The Board shall appoint Mutawalli and constitute Management
Committee of the Waqf Estate in complete adherence to the wishes of the Waqf and on
framing of the Scheme of Management of Auqaf (Form 42) as per the framed provision in
the Scheme of Management without any deviation in exercise of powers conferred under
clause (g) of sub-section (2) of section 32 of the Act, as provided under Chapter V of these
Rules.
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024 23
50.
Manner of inquiry to be held by the Chief Executive Officer under Sub-
section (1) of Section 39:-
(1)
The Chief Executive Officer shall in every case where an inquiry is
ordered under section 39, issue at the first instance a notice in Form
43 to all persons interested in relation to the Waqf, calling for their
objections;
(2)
The Chief Executive Officer shall then proceed to hold a summary
enquiry after considering the oral and documentary evidence
produced by the parties and shall pass a speaking order.
(3)
The Chief Executive Officer, beneficiary or any person interested,
thereafter, may file an application before the Tribunal directing for
recovery of possession of such building or other place.
51.
The manner of inquiry under Section 40 :-
(1)
The Chief Executive Officer may himself collect information
regarding any properties for the purpose of Sub Section (1) of Section
40 or may receive any information from any person in form 44.
(2)
The inquiry under sub - section (3) of section 40 by the Chief
Executive Officer shall be as laid down in sub-rule (2) of rule 50;
(3)
The authorized Officer after obtaining approval from the Board shall;
(i)
Call upon the Trust or Society as the case may be to
register any property as Waqf property in Form 45 or;
issue a Show Cause notice in Form 46; and
(ii)
The Chief Executive Officer on behalf of the Board shall
take action to make necessary entries in Register of
Auqafs, maintained under Section 37 of the Act, being an
entry as per Section 40 of the Act.
52. Auqaf registered before commencement of this Act:- The Board in terms of
Section 43 shall take action as provided in Rule-8 of this Rule to make necessary entries in
the Government Revenue Records by writing to the competent Government Official in the
form prescribed for the same and the Government Official will be under statutory duty to
comply the same and make necessary entry in the Revenue Records specially Register-2.
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Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
CHAPTER-V
QUALIFICATION, APPOINTMENT, DUTIES &
REMOVAL OF MUTAWALLI
53. Qualification of Mutawalli:- Notwithstanding anything contained in the
Waqfnama and the wishes of the Waqif, a Mutawalli or a Member of the Managing
Committee of a Waqf institution shall generally possess the following qualifications;
namely:-
(1)
He shall be a person professing Islam acknowledging that there is but
one God and Muhammed (PBUH) is his prophet;
(2)
He shall be a major;
Provided that, in the case of Waqf Alal Aulad, if the
Mutawalli is a minor, the guardian shall manage the Waqf on behalf of
Mutawalli till the Mutawalli attains majority.
(3)
He shall be of sound mind and capable of performing the functions and
discharge the duties of Mutawalli;
(4)
He should not have been convicted of any offence of criminal breach of
trust or any other offence involving moral turpitude, and such
conviction has not been reversed and he has not been granted full
pardon with respect to such offence;
(5)
He shall have working knowledge of Urdu and Hindi / English and
administrative knowledge of management of Auqaf;
(6)
He shall not have any direct or indirect interest in any subsisting
lease/tenancy or in any contract made with, or any work being done for,
or is in arrears of any due by him to the Waqf institution for which he is
to be appointed as Mutawalli; and
(7)
He shall not have violated or breached any provision of this Act, Rules
and conditions during his earlier appointment:
Provided that, the qualifications referred to in the third proviso of sub-
clause (i) of section 3 of the Act shall be as per the Deed of Waqf and
provided that it is not repugnant to the tenets of Islam:
Provided further that, the aforesaid qualifications shall not be
applicable with respect to an Administrator or the Muttawalli as prescribed in
the Waqfnama of Waqf-Alal-Aulad property.
54. Appointment of Mutawalli or Managing Committees:-
(1) The Board shall either appoint or approve the election / selection of
Mutawalli or constitute Managing Committees under clause (g) of sub-
section (2) of Section 32 on receipt of proposals forwarded in accordance
with the respective mandate of the Waqif / Tauliat of the Waqfnama or the
newly framed Scheme of Management of the Waqf Estate.
(2) Such Committees shall subsequently initiate process of constitution of
succeeding Committee as per the approved Scheme of Management three
months prior to the expiry of the term of the Committee and shall
complete the entire process of constitution of succeeding committee
within two months prior to expiry of the term of the Committee.
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024 25
(3) The District Auqaf Committee and the District Welfare Officer- cum-Waqf
Nodal Officer of the respective district shall supervise the process of
appointment/constitution of succeeding Committee, preferably in a
democratic manner, with regard to the constitution of Committees of the
Waqf Estates of the respective District.
(4) If, in the event of the existing Committee fails to initiate and complete the
process for constitution of succeeding Committee within the time
prescribed under sub-rule (2) of rule 54, the District Welfare Officer-cum-
Waqf Nodal Officer shall initiate such process within two months prior to
the expiry of the term of the existing Committee and complete the process
prior to the expiry of the term of the existing Committee mandatorily.
(5) If for any reasons succeeding Committee is not constituted or appointed,
the management and supervision of such Waqf institution shall
automatically vest with the concerned District Welfare Officer- cum-Waqf
Nodal Officer or any other Officer authorized/duly appointed by the Board
shall carry out duties and functions as delegated by the Jharkhand State
Waqf Board. The District Auqaf Committee with the assistance of Distrct
Welfare Officer-cum-Waqf Nodal Officer shall take action to get the
succeeding Committee constituted within a period of three months.
Provided that if District Welfare Officer-cum-Waqf Nodal Officer
fails to appoint/constitute waqf committee within two months prior to the
expiry of the term of the existing committee then the existing committee
shall continue to function till the new committee is contituted.
(6) After the formation of new Committee or after expiration of the term the
old Committee shall cease to have any power or authority for management
of such Waqf institution including operation of Bank Accounts.
55. Appointment of Mutawalli:-
(1) While approving the appointment / appointing the Mutawalli the Board
shall have due regard to the mandate of Deeds of Waqf (Waqfnama),
providing for appointment of Mutawalli, custom, usage pertaining to
appointment / succession of Mutawalli.
(2) If any person appointed as Mutawalli dies, or refuses to act in terms of the
Waqfnama or is removed under this Act, or if the office of Mutawalli
otherwise becomes vacant and the line of succession fails, the Mutawalli
may be appointed out of those persons as per rule 53.
(3) While approving the appointment on succession, the Board shall have
regard to the following; namely:-
(a)
The Board shall not disregard the directions/mandate of the Waqif;
(b)
The Board should not appoint a stranger so long as there is any
member of the waqif’s family in existence qualified to hold the
office; and
(c)
Where there is a contest between lineal descendants of the Waqif
and one who is not a lineal descendant the Board shall appoint the
lineal descendant, if he is not otherwise disqualified to be
appointed as Mutawalli and in such cases where the line of
succession fails, the Board may in exercise of its discretion,
appoint other Claimant as Mutawalli giving due consideration to
the mandate and qualification given in the Waqfnama.
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Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
56. Appointment of Mutawalli under Section 63:- Notice regarding filling up of
vacancy of Mutawalli:-
(1)
Whenever there is a vacancy in the office of the Mutawalli of a Waqf and
there is no one to be appointed under the terms of the Deed of Waqf, the
Chief Executive Officer or an Authorized Officer on his behalf shall,
prior to final order, issue a Public Notice in Form 47 in respect of
appointment of Mutawalli.
(2)
Whenever there is a vacancy in the office of the Mutawalli of Waqf and
the right of any person to act as Mutawalli is disputed, such Notice shall
be in Form 48.
(3). After make an enquiry upon giving opportunity to the interested parties
and record the depositions of the local witnesses and on such other facts,
a Report in this regard be submitted to the Board giving detailed fact
finding.
(4) On consideration of the Report and other materials and the objection or
public petition a reasoned order be passed in this regard by the Board.
57. Duties of the Mutawalli/Managing Committee:-
(1) The Mutawalli or Managing Committee shall,-
(1)
Take all steps to protect, preserve, maintain and manage the Waqf
institution and its properties;
(2)
Take steps to update records of Waqf institution and its properties as
provided in these rules;
(3)
Initiate proceedings in accordance with the provisions of the Act to
recover the Waqf properties under encroachment;
(4)
Identify the Waqf property which has potential for development as an
educational institution, hospital, shopping centre, market, housing or
residential flats and the like including agriculture/horticulture and
forward the proposal for development of the same, preferably through its
own organizational apparatus, to the Board for its prior approval. The
Board shall accord the approval in accordance with Act;
(5)
Open and operate Bank Account in any nationalized bank for the purpose
of management of the affairs of the concerned Waqf institution. In the
absence of the nationalized banks, the Mutawalli shall obtain prior
approval of the Chief Executive Officer to open account in other banks;
(6)
The Bank interest accrued in these bank accounts shall be utilized for the
needs of the destitute without expecting any reward and the transaction
shall be accounted for;
(7)
Shall furnish quarterly progress report together with income and
expenditure details in Form 49; and
(8)
Carry out all the duties as provided under the Act.
58. Procedure regarding removal of Mutawalli U/ss. 64 and 71 of the Act -
(1)
The Board may, either on an application received U/s 70 of the Act or on
its own motion hold an enquiry/Inspection or authorize any officer of the
Board or any person in its behalf to hold an inquiry into any matter
relating to a Waqf and shall take such action as it thinks fit.
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024 27
Provided that the application under Section 70 shall be in Form 69
accompanied by an Affidavit duly sworn by the Applicant alongwith
payment of fee of Rs. 500/- (Rupees Five Hundred) only to the Board.
(2)
The Officer holding the enquiry shall be called as Enquiry Officer.
(3)
The Officer or person authorized by the Board U/s. 71 of the Act shall
issue notice in Form 50 or as per requirement as incurred into and shall
conduct enquiry in the following manner :
(a)
He shall call upon the person / persons concerned, parties
interested in the enquiry or witnesses on a fixed date and place to
appear before him in person or through an advocate and submit
his reply in writing and produce documents if any , in his support
and contention.
(b)
The summon for appearance in form 71 shall be served to person /
persons concerned parties interested.
(i)
Through messenger or by post or by affixing the notice on
some conspicuous part of his last known residence, by
tendering to an adult member or servant of his family, by
affixing the notice on any conspicuous part of the property
encroached by him or subject to be inspected.
(ii)
By registered post with acknowledgement to the person /
persons to whom it is intended.
Provided that when the person on whom the notice to
be served is a minor, service upon his guardian or upon any
adult member of servant of his family shall be deemed to be
duly served on the minor.
(iii). A copy of the notice shall also be exhibited on the notice
board in the Board’s Office or on the notice board of the
Office of the authorized officer.
(4)
The Officer holding the enquiry shall give opportunity to all interested
persons to be heard in the enquiry and shall give an opportunity to file
written statements and to adduce such oral or documentary evidence as
they may think fit.
(5)
The Enquiry Officer shall record the oral evidence of witnesses in its own
handwriting in the prescribed Form 51 or in absence of the form in the
language of the witness.
Provided where enquiry Officer is for any reason unable to record the
evidence himself, he may direct his subordinate Officer or staff to record
it in his presence and under his personal supervision.
(6)
For the purposes of any enquiry under the Waqf Act, the Board, the Chief
Executive Officer of the Board or any Officer or a person duly authorised
in this behalf, shall have the same powers as are vested in a Civil Court
under the Code of Civil Procedure, 1908 or enforcing the attendance of
witness and production of documents.
(7)
The Enquiry Officer shall, as far as practicable, follow the provisions of
the code of Civil Procedure, 1908 and the rules made thereunder in the
matter of appearance of pleaders, return of documents and other matters
while conducting the enquiry.
(8)
The Enquiry Officer may hold a Local Enquiry on the spot and inspect
the Waqf Property, receive written statements of interested person /
persons obtain documents and may record oral statements or the oath of
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Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
interested person / persons if he thinks fit and shall obtain signature of
such persons.
(9)
During the enquiry or inspection if it appears that the concerned
Muttawalli or any Officer or other employee is or was working under the
Muttawalli has/had misappropriate or misapplied or has fraudulently
retained any money or other Waqf Property or had incurred irregular,
unauthorised or improper expenditure from the funds of the Waqf or of
the Muttawalli or any person has caused damages of Waqf or has
transferred the Waqf property in a mala fide way, the Enquiry Officer /
Inspecting Officer shall determine and certify the amount of damage
caused to the Waqf property.
Provided whenever any such Enquiry/Inspection is made, the
concerned Mutawalli and all Officers and other employees working under
him and every person connected with the administration of the Waqf
shall extend to the Officer all help and assistance in conducting such
enquiry/inspection and all facilities as may be necessary and required to
carry out enquiry / Inspection shall be extended to him and shall also
produce for inspection any movable property or document and any
informant relating to the Waqf as may be required or called for, failing
which Muttawalli / Secretary, Managing committee, other employee or
any officer of the Waqf Estate shall be punishable under sub Section (1)
of Section 61 of the Waqf Act, 1995.
(10) The Enquiry / Inspection Officer may requisition for police force from
the Local Police Station within whose jurisdiction by the place of
Enquiry / Inspection is situate by a written request to the Officer In-
charge and on such requisition, the Officer In-charge of the police station
shall forthwith provide the police force for the smooth conduct of the
enquiry or inspection.
(11) The Enquiry Officer shall submit his report to the Board or to the Chief
Executive Officer, as the case may be, within fifteen days from the date
on which the enquiry is concluded. On receipt of the report from the
Enquiry / Inspecting Officer the Chief Executive Officer of the Board, as
the case may be, shall consider the same and after such further enquiry,
as may be deemed necessary, shall pass an order which shall be treated as
final.
59. Appointment of Administrator:- If it seems that no suitable person is available
for appointment as a Mutawalli of the Waqf, a reasoned order based on the facts may be
passed, as prescribed U/s. 65 assuming direct management of the Waqf Estate and the Board
shall appoint the District Welfare Officer-cum- Waqf Nodal Officer or any other competent
person as administrator for the management of the day-to-day affairs of the Waqf Estate for a
period of one year. The Administrator, so appointed, may be assisted by District Auqaf
Committee on voluntarily basis.
Provided that the Bank accounts of such institutions shall be jointly operated by the
Administrator and the District Welfare Officer-cum-Waqf Nodel Officer of the District / any
other official duly authorized by the Board.
Provided further, that the expenditure by the appointed Administrator out of the
income of the property of the Waqf Estate shall be sanctioned / approved by the District
Welfare Officer-cum-Waqf Nodel Officer of the District / any other official duly authorized
by the Board
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024 29
60. Annual Report of Auqaf under direct management of the Board:- The report
in Form 52 shall be sent by the Board to the State Government under sub-section (3) of
section 65 on or before 30th June of the year which shall be examined within three months
and the Government may give direction or instruction to the Board for its compliance and
proper financial management of the Waqf Estate.
60A. Manner to exercise power by the State Government U/s. 66:- A reasoned
Order for applying of Section 66 will first be passed by the Government as per the provision
of Waqfnama or the Scheme of Management of any Waqf or any finding of the Court with
regard to manner of appointment or removal of Mutawalli, as mentioned in Section 66 in
consultation with the Jharkhand State Waqf Board and thereafter the Government may
proceed to make enquiry as per Section 64 of the Waqf Act as prescribed under the Rule 58
on the application filed under Section 70 after observing the conditions of Rule 71 and pass
final Order.
Provided, that the power vested in the Jharkhand State Waqf Board enshrined in
Section 32 (2)(g) will generally be exercised except in the exigency and special
circumstances only.
Provided further, that the wishes of the Waqif will be sacrosanct and there may not
be any deviation from the mandate as enshrined in the Waqfnama / practice in use.
61. Term of management and supersession of Management Committee and
removal of its Members:-
(1)
Any Committee functioning under sub Section (1) of Section 67 shall
have a maximum term of three years unless it is superseded by the
Board working in contravention of Waqf Deed or of the approved
Scheme of management of the Waqf.
(2)
The Board shall issue Notice in Form 53 to a Committee against whom
action is contemplated under sub-section (2) of section 67.
(3)
The Board shall issue Notice in Form 54 to Member of any Managing
Committee proposed to be removed under sub-section (6) of section 67
of the Act;
(4)
The supersession Order under sub Section 2 of Section 67 shall be a
reasoned Order after opportunity of hearing given to the Managing
Committee proposed to be removed.
(5)
The Order passed by the Board under the provisions to sub-section (2)
of Section 67 shall be published on the Notice Board of the concerned
Waqf, District Auqaf Committee office, and office of the Jharkhand
State Waqf Board and shall also be served on concerned Managing
Committee.
62. Manner of consultation under Sub-section (1) of Section 69:-
(1)
The Board shall issue a notice in Form 55 to the Mutawalli concerned
and to every person interested in the Waqf and the Board shall also
affix the said notice at a conspicuous place in the premises of the Waqf
institution regarding the Scheme of Management/Administration, if not
already framed under Rule 48 in the format of Form 42, to be framed
under sub-Section (1) of section 69.
(2)
The Board shall examine the objections or suggestions to the Scheme of
Management/Administration received in response to the notice under
sub-Rule (1), may give an opportunity of being heard and accord
approval to the Scheme of Management/Administration in Form 42
with such modifications as it may deem fit.
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Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
CHAPTER-VI
LEASING, DEVELOPMENT AND RETRIEVAL OF WAQF PROPERTIES
63. Leasing of Waqf Properties:-
(1)
For the purpose of granting lease under Section 51 and Section 56 of the
Act, the Mutawalli or the Board shall follow the Waqf Properties Lease
Rules, 2014, as amended from time to time, failure of which shall render
such leases null and void.
(2)
The Mutawalli of a Waqf Estate shall bring the existing Lease in respect
of the Waqf properties in conformity with the Waqf Properties Lease
Rules, 2014 within six months from the date of commencement of these
Rules.
(3)
Application for grant of lease shall be filed in Form 56.
(4)
Lease for a period of less than one year shall be executed in Form No.57
and for a period of more than one year shall be executed in Form 58.
64. Development of Waqf Properties under Section 51 (1-A) :-
(1)
The Board for the purpose of development of the Waqf properties as
provided in the proviso to sub-section (1-A) of section 51 may adopt
Scheme/operational arrangement with interested party; however the
duration of such operational arrangement of development shall not
exceed a period of 30 years.
(2)
No Right, Title, Interest in the Waqf property shall be created through the
Lease Deed in such schemes of development. Any act of gift, sale,
mortgage, exchange of the Waqf property through the lease deed will be
void ab-initio.
(3)
While developing the property the mandate of the Waqif and purpose of
Waqf shall be borne in mind by the Muttawalli as well as the Board.
(4)
The Board shall maintain absolute transparency while developing the
Waqf property, which includes publishing the details of the property to be
developed, details of scheme for development, and invite bids in leading
national and regional newspapers inviting proposals from the interested
parties and best possible offer of development on its purpose and
financial benefit to the Waqf may be the factor of decision.
(5)
The property so developed shall not be used for purposes other than those
already permitted by the Lease Agreement.
65. Procedure under Section 52 for recovery of Waqf Property:-
(1)
The Chief Executive Officer of the Board shall address in Form 59 to the
Sub-Registrar within whose jurisdiction any immovable Waqf Property is
transferred in contravention of section 51.
(2)
On the requisition of the Chief Executive Officer of the Board, the
concerned Sub-Registrar shall issue certified copies of the documents, as
per the rules.
(3)
The Chief Executive Officer or any other Officer of the Board authorized
by him shall verify the details of the property with reference to the
records obtained under sub-rule (2) and proceed further to issue and serve
notices to the transferor and the transferee in Form 60 & Form 60A.
(4)
The Chief Executive Officer shall prepare a Report in Form 61 and place
it before the Board to proceed under sub-section (1) of section 51.
(5)
The Board shall if necessary, forward a requisition in Form 62 to the
jurisdictional District Magistrate to pass necessary orders in exercise of
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024 31
the power under the Waqf Act or any other law for recovery of the
Property.
(6)
The Board shall if necessary forward a requisition in Form 63 to the
jurisdictional District Magistrate to obtain and deliver the possession of
the property so transferred in contravention of section 51 and 56. The
District official to whom the requisition is sent will be under legal
obligation for implementation of the Order as envisaged in Section 28 of
the Act and will be part of the official duty.
(7)
The Waqf Board, beneficiary or any person interested in the Waqf may
also file an application before the Waqf Tribunal, constituted under the
Act, for a declaration of the Sale Deed / Transfer Deed to be void ab-
initio and of no legal consequence under Section 51(1)(1-A).
66. Procedure for purchase of immovable property by a Waqf under Section 53:-
(1)
Any Waqf intending to purchase an immovable property shall make an
application in Form 64 to the Board.
(2)
The Chief Executive Officer shall issue a Notification in Form No.65
under proviso to section 53 in respect of the proposed transaction;
(3)
The Chief Executive Officer shall place the proposal before the Board
along with his report.
(4)
The Board shall examine the objections/suggestions, if any, received in
response to such Notification and issue necessary orders within fifteen
days.
67. Procedure for eviction of Encroacher:-
(1)
Notice to be issued to the encroacher under sub-section (1) of section 54
shall be in Form 66, and shall be served through messenger and by
registered post or by a recognized courier service or by affixing a copy
thereof in some conspicuous part of the house premises if any, in which
the defendant is known to have last resided or carried on business or
personally worked for gain, or in such other manner as the Authority
thinks fit at his last known residence, or by tendering to an adult member
or servant of his family or by affixing the notice on any conspicuous part
of the property encroached by him; or in such manner as the authority
deems fit.
(2)
The Chief Executive Officer after compliance of the procedure of service
of notice under sub-rule (1) above, conduct a summary inquiry and after
hearing the parties may pass an order assigning his findings against the
encroacher and thereupon file an application before the Waqf Tribunal
for grant of “Order of Eviction”.
(3)
After notice / opportunity of being heard against the proposed
encroacher, the Waqf Tribunal, upon finding correctness in the proposal
of the Chief Executive Officer may grant an Order of Eviction in favour
of the Waqf Board.
(4)
For the purpose of sub-section (5) of section 54 of the Act, the Chief
Executive Officer or any authorized Officer of the Board may refer the
“Eviction Order” of the Waqf Tribunal to the Executive Magistrate of the
local area in Form- 62 for appropriate action and after taking police
assistance, as may be necessary, evict the encroacher as per Section 55 of
the Waqf Act.
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Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
(5)
The District Magistrate, Additional District Magistrate or Sub Divisional
Magistrate or the Executive Magistrate will be under liability to assist the
Chief Executive Officer or any authorized Officer of the Board in
execution of the Eviction Order or grant of police assistance. The District
official to whom the requisition is sent will be under legal obligation for
implementation of the Order as envisaged in Section 28 of the Act and
will be part of the official duty.
68. Procedure for removal of encroachment of Waqf property by Executive
Magistrate:-
(1)
The Chief Executive Officer shall forward an application in Form 67 to
the jurisdictional Executive Magistrate under section 55 for removing the
encroachment in respect of which an order under sub-section (4) of
section 54 has been passed.
(2)
The Executive Magistrate shall pass an order in Form 68 to remove the
encroacher.
(3)
After the passing of an Order by the Executive Magistrate, a prompt
action of eviction of the encroacher is to be enforced and information of
eviction and handing over possession of the encroached property to the
Muttawalli, Secretary of the Committee or the person interested be
informed to the Chief Executive Officer of the Board.
69. Affixture of orders made under Section 67 or Section 69:- Every order made
under Sub-section (2) of Section 67 or sub-section (2) of section 69 shall be passed after
affording an opportunity of hearing to the Waqf Committee showing the ground and
allegations and the Order shall be affixed at the office of the Jharkhand State Waqf Board(s),
the office of the District Auqaf Committee, any conspicuous place of Waqf institution and a
copy thereof shall also be sent to the Mutawalli of the Waqf concerned.
70. Application for Inquiry under Section 70 of the Act:- An application under
section 70 shall be filed in Form 69 accompanied by an affidavit along with a fee of
Rs.500/- (Rupees Five Hundred only) remitted to the Jharkhand State Waqf Board by
Cash/Demand Draft/Postal Order and shall furnish as many sets of application along with
the annexures and duly stamped envelopes as required. Non compliance will render the
application incompetent for any consideration.
71. Procedure for Inquiry under Section 71 of the Act:-
(1)
The Board or any person authorized by the Board to hold an inquiry
under section 71, shall preliminary send a copy of the allegations made
against the person in the management of Waqf by issuing a Notice in
Form No.70 and obtain its explanation on each of the allegations.
(2)
If the Board or the person authorized remain unsatisfied with the
explanation given by the person in the management of the Waqf may
take up full-fledged inquiry as per Rule- 58 upon issuing Form- 50 to the
Muttawalli / person in the management of the Waqf and complete the
inquiry.
(3)
The complainant shall furnish required sets of copies of the complaint
and the documents relied upon together with duly stamped postal covers.
(4)
The said inquiry shall be held in the manner specified under sub-rule (2)
of rule 58.
(5)
The Inquiry Officer whenever required shall issue summons in Form 71
for enforcing the attendance of witnesses and production of documents.
(6)
The report of inquiry shall be placed before the Board for taking further
action.
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024 33
CHAPTER-VII
AUDIT, FINANCES OF THE WAQF INSTITUTIONS AND THE BOARD
72. Budget of Waqf institution under the management of Mutawalli/ Managing
Committee:- Every Mutawalli/Managing Committee of a Waqf institution shall prepare the
Budget of the institution every year in Form 72 and submit to the Board for approval within
3 months before the end of financial year.
73. Budget of Waqf Institutions under Direct Management of the Board:-
(1)
All the Waqf institutions under direct management shall maintain the
books and registers for maintenance of its accounts as prescribed in rule
74(1).
(2)
The Budget for all the Auqaf under direct management of the Board shall
be prepared for the next ensuing financial year by the December of the
current financial year.
(3)
The Chief Executive Officer shall prepare the list of all the Auqaf under
the direct management of the Board for which Budget for the ensuing
financial year is to be prepared under sub-rule (2) in the month of
October of the current financial year in Form 73.
(4)
Thereupon the Chief Executive Officer shall direct each of the
Administrators of the Auqaf under direct management in Form No.74 to
furnish the Budget in respect of ensuing financial year by the end of
November.
(5)
The Chief Executive Officer shall get the Budget prepared under Sub-
section (1) of section 45 in Form 72 and 75 with all the details of
estimated receipts and expenditure for the next financial year.
(6)
The Budget so prepared shall have a statement furnishing details of the
increase, if any, in the income of the Waqf during the current year and
also the steps taken for its better management and results obtained in
Form 75.
74. Statement of Accounts by Auqaf:-
(1)
Every Mutawalli or Managing Committee of a Waqf shall maintain the
following Books and Registers for maintenance of its accounts:
(i)
Cash Book in Form 76;
(ii)
Receipt Book in Form 77;
(iii)
Register of Demand, Collection & Balance of Waqf Contribution
in Form 78;
(iv)
Register of Golak collection in Form 79;
(v)
Register of Rents in Form 80;
(vi)
Register of Book of Inspection in Form 81;
(vii)
Register of Meeting in Form 82;
(viii)
Minutes Book in Form 83;
(ix)
Register of Loans in Form 84;
(x)
Register of Grants in Form 85;
(xi)
Register of Security Deposits in Form 86 & Register of accrued
interest in Form 86(A);
(xii)
Register of Investments in Form 87;
(xiii)
Register of Litigation in Form 88;
(xiv)
Register of Stock and utilization in Form 89; and
(xv)
Any other Register as prescribed from time to time by the Board.
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Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
(2)
The statement of accounts shall be furnished by every Mutawalli or
Managing Committee of a Waqf in Form 90.
(3)
If a Mutawalli or Managing Committee fails to submit statement of
accounts before 1st of July of the year, a Notice in Form 91 shall be
issued within seven days from that date.
(4)
If the Mutawalli or Managing Committee fails to submit the statement of
accounts, action under section 61 shall be initiated.
75. Report of Audit:-
(1)
The Mutawalli/Managing Committee of every Waqf institution whose
annual income is more than Rupees One lakh shall get the accounts
scrutinized/audited by the Chartered Accountant and furnish report to
the Board on or before 30th June every year.
(2)
In case of a [Waqf] having no income or a net annual income not
exceeding [Fifty thousand rupees] , the submission of a statement of
accounts shall be a sufficient compliance with the provisions of section
46 of the Act and the accounts of 2% of such [auqaf] shall be audited
annually by an auditor appointed by the Board.
(3)
Internal audit of the Waqf institutions by the Auditor appointed by the
Board shall be taken up category wise and periodically in the following;
namely:-
(a)
Waqf institutions with net annual income of above Rupees One Lakh
annually;
(b)
Waqf institutions with net annual income above Rupees Fifty Thousand
and below Rs.One Lakh once in three years; and
(c)
Such internal audit report shall be in Form 92;
(4)
The Chief Executive Officer shall finalize and publish the annual
program of audit in Form 93.
(5)
The Board may prepare panel of Auditors and send the same to the State
Government.
(6)
A notice shall be issued to every Waqf institution fifteen days in
advance before the audit is taken up in Form 94.
(7)
If the Mutawalli/Managing Committee fails to produce the records to the
auditor, action under section 61 shall be initiated against the Mutawalli.
76. Notice under Section 48 (1) of the Act:- A Notice in Form 95 shall be issued
for obtaining an explanation from the Mutawalli/Managing Committee/Administrator under
sub- section (1) of section 48.
77. Recovery of Sums due:-
(1)
The Board shall issue a Demand Notice in Form 96 for the collection of
any sum certified to be due from any person by an auditor in his report
under section 47;
(2)
The Board shall issue a Notice in Form 97 to give an opportunity of
being heard under sub-section (2) of Section 49 before issuing a
Certificate of Recovery of the said amount as arrears of land Revenue;
(3)
The Board shall issue a Certificate of Recovery in Form 98 addressed to
the District Magistrate of the district concerned in which the defaulter is
residing to recover the amount due under Section 34 and 49 to be
recovered under law.
(4)
The District Magistrate shall on receipt of such Certificate issue a
Certificate under the Bihar & Orissa Public Demand Recovery Act,
1914 and (Jharkhand-Amendment) Act, 2016 collected as arrears of land
Revenue.
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024 35
78. Demand and Recovery of Waqf Contribution:-
(1)
The Mutawalli/Managing Committee shall furnish to the Chief
Executive Officer of the Board or authorized persons in this behalf, the
statement indicating the net annual income of the Waqf and the
contribution payable in Form 99 before 1st of June every year.
(2)
The District Welfare Officer-cum-Waqf Nodel Officer/Waqf Inspector
concerned shall verify the said assessment and fix up the actual demand
for payment of Waqf contribution at the rate of seven percent by 15th
June and maintain a Register of Demand, Collection and Balance, in
Form 100.
(3)
The Jharkhand State Waqf Board shall maintain a Demand Register based
on the assessment made and approved by the District Welfare Officer-
cum-Waqf Nodel Officer and also keep a copy of demand prepared by
each of the District Welfare Officer- cum-Waqf Nodel Officer with
reference to each Waqf institution, in Form 101.
(4)
A Register of Demand for the District shall be maintained by the District
Welfare Officer-cum-Waqf Nodel Officer/Waqf Inspector concerned in
Form 102.
(5)
Every Mutawalli/Managing Committee who defaults to pay the Waqf
contribution shall be issued with a Notice regarding the payment of
Waqf contribution in Form 103.
(6)
If the Mutawalli/Managing Committee fails to pay the amount
demanded under Sub-Rule (5), action shall be taken to recover the same
as arrears of Land Revenue under sub-rule (3), of rule 77.
(7)
In the event of the Mutawalli/Managing Committee failing to submit the
details under sub rule (1), the Chief Executive Officer or any other
Officer authorized in this behalf shall assess the net annual income in the
manner prescribed under sub-rule (2), and determine the Waqf
contribution payable by the said Waqf.
(8)
The Chief Executive Officer or any Authorized Officer, if needed, shall
revise
the
annual
income
after
issuing
a
Notice
to
the
Mutawalli/Managing Committee in Form 104.
(9)
The Chief Executive Officer or Authorized Officer shall issue Notice in
Form 105 for the purpose of sub-section (8) of section 72 to the
Mutawalli.
79. Chief Executive Officer to lodge complaint:- The Chief Executive Officer shall
lodge a complaint before the jurisdictional Police of the Bank concerned in respect of an
offence under sub section (4) of section 73.
80. Register of Waqf Fund and its Expenditure: The Board shall maintain the
following registers for realization and expenditure on monies received to the Waqf fund,-
(a)
Register of Donations shall be in Form 106;
(b)
Register of Income from Court fee shall be in Form 107;
(c)
Register of Waqf Contribution under Section 72 shall be in Form 108;
(d)
Register of Investments shall be in Form 109;
(e)
Register of Expenditure shall be in Form 110;
(f)
Cash Book for Waqf Fund shall be in Form 111; and
(g)
Register of interest accrued on all accounts maintained by the Board
shall be in Form 111 A.
36
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
Provided that the interest accrued in these bank accounts shall be utilized for the
needs of the destitute transparently without expecting any reward and the transaction shall
be accounted for.
81. Form of Budget of the Board:- Annual Budget of the Board for the next
financial year to be prepared under sub-section (1) of section 78 shall be in Form 112 and
shall be prepared by the end of January of the current financial year.
The Budget shall contain the following statements:
I.
Statement of Receipts in Form No.112A,-
(i)
Statement of Demand of Waqf Contribution shall be in Form 112A(i);
(ii) Statement of Maintenance Grants shall be in Form 112A(ii);
(iii) Statement of Rents received shall be in Form 112A(iii);
(iv) Statement of other grants shall be in Form 112A(iv);
(v)
Statement of interest on Deposits in Banks shall be in Form 112A(v);
(vi) Statement of Honorarium to Pesh Imam and Moazzin shall be in Form
112A(vi); and
(vii) Statement of grant received by the Board for the purpose of payment of
maintenance to the Muslim women under clause (g) of sub-section (4) o
section 77 of the Act shall be in Form 112A(vii)
II. Statement of Expenditure in Form No.112B,-
(i)
Statement of salaries and other allowances to the Officers and staff of the
Board shall be in Form 112B(i);
(ii)
Statement of honorarium, sitting fee and other allowance to the
Chairperson and Members of the Board and Chairmen and Members of
the District Auqaf Committee shall be in Form 112B(ii);
(iii) Statement of expenditure incurred by the District Auqaf Committees shall
be in Form 112B(iii);
(iv) Statement of expenditure on contingencies of the Board shall be in Form
112B(iv);
(v)
Statement of expenditure incurred for preservation and protection of
Waqf Properties shall be in Form 112B(v);
(vi) Statement of Honorarium to Pesh Imam and Mouzans shall be in Form
112B(vi); and
(vii) Statement towards payment of maintenance to the Muslim women under
clause (g) of sub-section (4) of section 77 of the Act shall be in Form
112B(vii).
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024 37
CHAPTER-VIII
CONSTITUTION OF TRIBUNALS, ETC.
82. The State Government shall provide grants and all other facilities for the
smooth functioning of the Tribunals. The Chairman will have authority to utilize the funds
as per the requirement of the Tribunal(s).
83. Appointment of Members and functioning of Tribunals:-
(1)
The Government of Jharkhand shall in consultation with the Ranchi High
Court appoint or depute one person as Chairman to the Tribunal having
qualification prescribed under clause (a) of sub-section (4) of Section 83.
(2)
The State Government shall appoint or depute one person as Member to
the Tribunal having qualification prescribed under clause (b) sub-section
(4) of section 83.
(3)
The State Government shall appoint or depute one person as Member to
the Tribunal having qualification prescribed under clause (c) of sub-
section (4) of section 83 having Degree / Certificate from any of the
recognized Islamic Centre / Universities who shall not be below the rank
of Mufti / Qazi / Assistant Professor or a practicing Advocate having at
least 20 years of practice having certificate of specialization in Islamic
jurisprudence for a term of maximum period of three years.
(4)
For removal of any doubts, at any given time, the vacancy of the
Members of the Tribunal is not filled or any Member(s) other than the
Chairman remains absent, the Chairman of the Tribunal shall be
competent to function and pass orders.
(5)
The members under sub Section 4(b) & (c) of Section 83, if do not agree
to the judicial decision of the Chairman, they may write their separate
opinion which will form part of the order / judgment.
(6)
The salary, allowances and service conditions of the Executive Member
shall be as admissible in their respective departments..
(7)
The salary, allowances and service conditions of the member having
knowledge of Islamic Theology shall be as determined by the
Government from time to time, which will be generally at par with the
Executive Member’s scale.
(8)
The State Government shall appoint such number of staff which is
commensurate with the requirement of the Tribunal.
84. Language of Tribunal:- The working language of the Tribunal shall be
English, Urdu and Hindi. However, the final judgment shall be in English.
85. Form of Applications/Suits/Appeals:-
(1)
All applications to be filed before the Tribunal under the provisions of
the Act including applications for determination of any dispute, question
or other matter under sub-section (1) of section 83 shall be filed in
Form 113.
38
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
(2)
Every plaint or memorandum of appeal to be filed before the Tribunal
shall be in the Form as has been prescribed in the Code of Civil
Procedure and Civil Rules of Practice.
(3)
Every such Application, Suit or Appeal shall be presented in person, or
by his duly authorized agent or advocate, before the registry of the
Tribunal.
86. Form of Application/Plaint/Appeal for Interim Orders:- Prayer for interim
Orders in every Application (Eviction / Miscellaneous / Interlocutory Application /
Execution / Intervention), Suit, Appeal or other proceeding before the Waqf Tribunal shall
be supported by an affidavit.
87. Court fee:-
(1) Every Application (Eviction / Miscellaneous / Interlocutory / Execution /
Intervention), Plaint or Memorandum of Appeal or other Application,
which is connected with public property and public charity, shall be
accompanied by a Court fee notified by Government under the court fees
(Jharkhand Amendment) Act.
(2) Unless the fee as specified is deposited, no notice, summons or other
process of the Waqf Tribunal shall be issued, and no such certified copies
of orders, documents or other records shall be granted.
88. Scrutiny of Application, Plaint, and Memorandum of Appeals:-
(1)
In every proceeding before the Tribunal copies of Application (Eviction /
Miscellaneous / Interlocutory Application / Execution / Intervention),
Plaint or Memorandum of Appeal shall be filed in sufficient numbers, for
service to the Waqf Board(s) and the opponents.
(2)
The Office of the Tribunal shall after scrutiny of the Eviction
Application, Miscellaneous Application, Plaint or Memorandum of
Appeal prepare a check list noting the infirmities for rectification.
(3)
If on scrutiny the Application, Plaint or Appeal is found to be in order, it
shall be duly registered in the register of Application or Suits or Appeals,
as the case may be, in the Form prescribed in Civil Court Rules and
assign a case number.
(4)
If the Application, Suit or Appeal is found to be defective, the Registry
shall allow the party to rectify the defects within a time to be specified by
him. If the party fails to rectify the defects within such time allowed, the
Registry shall place the matter before the Waqf Tribunal for appropriate
orders.
(5)
The Sheristedar/Registrar/Oath Commissioner is competent to administer
oath of affirmation.
89. Documents:-
(1)
All documents produced before the Tribunal at the time of filing or in the
course of hearing of an Application, Suit or Appeal shall be filed duly
indexed along with Annexures of documents.
(2)
Such documents should be legible and in the typed form if required.
(3)
If the document filed is in a language other than that of English, its
translation in English may be furnished if so directed by the Tribunal.
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024 39
90. Service
of
Notices:-
Every
notice
to
Defendants/Respondents
in
Application/Suit/ Appeal shall generally be sent and served through Registered Post
Acknowledgement Due or through recognized courier. Service of Notice on the Board(s) be
served through their Retainers and in their absence, through Dasti Service. Dasti service of
Notice can be permitted on other defendants if there is an urgency in hearing and/or for an
order under Order XXXIX of the Civil Procedure Code.
If the Tribunal is satisfied that the defendant/respondent is avoiding service of such
notice or where such notice cannot be served in ordinary manner for any other reason, the
Tribunal shall order service of notice through Dasti Service by an employee of the Tribunal
or otherwise may order for service of Notice as per the provisions of Order V, Rule 20 of
Code of Civil Procedure, 1908.
91. Sitting of the Tribunal:- The Tribunal shall ordinarily hold its sitting on every
working day from 10:30 am to 1:00 pm and from 2:00 pm to 4:45 pm.
92. Hearing and Disposal:- Every Application (Eviction / Miscellaneous /
Interlocutory Application / Execution / Intervention) filed before the Tribunal shall be
heard and disposed off in a summary manner as prescribed under Civil Court Rules and
every Suit or Appeal filed before the Tribunal shall be heard and disposed off in accordance
with the procedure prescribed for hearing Suits and Appeals in the Code of Civil Procedure,
1908.
93. Certified copies:- Certified copies of any
Order,
Judgment,
Decree,
Proceeding, Application, Plaint, Appeal or Document marked as Exhibits may be obtained
by the parties to the proceedings on payment of such fee as specified by the Government.
The provisions of Part-IV of the Civil Court Rules shall apply for issue of the certified
copies.
94. Execution of orders of the Tribunal under Section 83:- A party to the
proceeding seeking enforcement of any decision of the Tribunal, except Orders passed under
sub-section (4) of section 54 of the Act, shall apply to the Tribunal along with a certified
copy of the Decree / Order for its execution and the same shall be executed as per sub-
section (5) of section 83 of the Act and in case of situation as described in Section 39 of the
Code of Civil Procedure, the decision of the Tribunal may be sent to the Civil Court of
competent jurisdiction for its execution as per sub Section (8) of Section 83 of the Act and
the same may be executed as per provisions of Order XXI of the Code of Civil Procedure.
95. Forms of Waqf Tribunal:- All the Forms prescribed in this Rule and the Civil
Court Rules shall be used by the Tribunal.
96. Dress Code:- A Legal Practitioner shall appear before the Tribunal in their
professional dress; as prescribed by the State Bar Council from time to time.
97. Form of Receipt for Court fee etc:- The Tribunal shall issue a Cash receipt in
Form 114 in respect of money collected by it under the Act or the Rules.
98. Limitation :- Any person aggrieved by any decision or order passed by the
Board in exercise of its powers under the Act, Rules and Regulations, may prefer an
Application or Appeal, as prescribed, to the Tribunal within ninety days from the date of
Decision or Order in matters where no time limit for preferring an Application or Appeal
before the Tribunal is prescribed under the Act.
Provided, that the Tribunal may condone the delay in filing the Application or
Appeal, if sufficient reason is shown in filing the Application, Suit or Appeal.
40
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
CHAPTER-IX
MISCELLANEOUS MATTERS
99. General Annual Report of the Board:-
(1)
The Government shall as soon as may be after the first day of April in
every year cause the General Annual Report of the Board to be prepared
in two parts in Form No.115. Part I of the report shall be the report
regarding the particulars referred to therein, and Part II shall contain the
statistical data in the Forms specified therein.
(2)
The report shall be finalized before the 1st of July every year.
(3)
The main points to be dealt with shall be noted against the heads
concerned in the Report and all necessary information regarding
sanctions etc., should be included in the report which should be
comprehensive.
(4)
Soon after the receipt of the report, the Government shall issue a
consolidated review on the said report after placing it before the State
Legislature.
100. “Repeal and Savings”:-
(1)
The Jharkhand Waqf Rules, 2004 is hereby repealed.
(2)
Notwithstanding such repeal, anything done or any action taken under
the said rules shall be deemed to have been done or taken under the
corresponding provisions of these rules.
Provided that such repeal shall not affect the previous operation of
that corresponding law and subject thereto, anything done or any action taken
in the exercise of any power conferred by or under the corresponding law
shall be deemed to have been done or taken in the exercise of the powers
conferred by or under these rules as if these rules were in force on the day on
which such things were done or action was taken.
By Order of the Governor of
Jharkhand , -------------------,
Secretary to Government.
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024 41
(Form prescribed for Survey of Waqfs under the Waqf Act, 1995 and the Jharkhand Waqf Rules, 2024)
FORM – 1
(See Rule 4)
(Details of Survey in respect of each Waqf Institution by the Survey Commissioner)
1. NAME OF THE WAQF
2. LOCATION OF THE Waqf
District
Sub Division
Circle No.
Sl. No.
3. DETAILS OF Waqf
Sunni/Shia
Creation of Waqf institution
Date:
Year
4. DETAILS OF WAQF DEED/DEEDS
(a) Name of the person dedicating the property
(b) Witnesses
(c) Beneficiaries, if any
(d) (If hereditary)
Name of the Mutawalli
5. DESCRIPTION OF IMMOVABLE PROPERTIES
(1) Mouza / Revenue Thana / Circle
Khata No./Khesra No.(Old/New)
(2) Area/Dimension
(3) Village/Town/City
(4) Boundaries:
North :
South :
East :
West :
(5) Value
6. ADDITIONAL PROPERTIES ACQUIRED AFTER LAST SURVEY
(1) Mouza / Revenue Thana / Circle
Khata No./Khesra No.(Old/New)
(2) Area/Dimension
(3) Village/Town/City
(4) Boundaries:
North :
South :
East :
West :
(5) Value
7. DETAILS OF MOVABLE PROPERTIES
(1) Shares and Deposits/Securities
(2) Gold/Silver and other valuables
(3) OTHER SOURCES:
(a) Golak/Hundi
(b) Monthly Contribution
(c) Miscellaneous Income
8.INCOME OF THE WAQF INSTITUTION
(1) Immovable
(2) Movable
(3) Other Sources
(4) Total
9.DETAILS OF ADMINISTRATION
(1) By Custom/Usage
(2) By Scheme settled by Court
(3) Scheme of Administration
Approved by the Board.
10. DETAILS OF LEASE OF THE WAQF PROPERTY
(1) Period :
From
To
(2) Name of the Lessee
(3) Purpose of the Lease
(4) Annual Income
(5) Advance or donation, if any
(6) Remarks
Signature of Mutawalli
Signature of Waqf Officer/Waqf Inspector Signature of Officer Conducting Survey
11. ADDITIONAL DETAILS/INFORMATION, IF ANY
(Name and signature of the concerned
42
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
Form-2
(See Rule-6)
GOVERNMENT OF JHARKHAND
Jharkhand Government Secretariat, Department of
,
, Ranchi.
NOTIFICATION
In exercise of the powers conferred under Section 5(2) of the Waqf Act, 1995, as amended by Waqf
(Amendment) Act, 2013 (27 of 2013), the Government of Jharkhand in
Department hereby notify the
following as Waqf properties duly surveyed by the
of Survey of Auqaf, the Survey
Commissioner
and verified by the Jharkhand State Waqf Board in letter
No.
dated:
.
Name of the District:
Village:
Si No.
Name &
address of
the
institution
Sunni
or
Shia
Location and details of Waqf Property
Year of
creation of
Waqf/
Registration
No. & Date
City /
Town /
Village
(1) Mouza / Revenue
Thana / Circle / Khata
No. / Khesra No.
(Old/New)
Extent.
Boundaries
1
2
3
4
5
6
7
8
Name &
Address of
Waqf
Beneficiaries,
if any.
Object
of Waqf
Gross
income
of Waqf.
Administration
by custom /
hereditary or
scheme settled
by Court or
Board.
Scheme
approved
by the
Board.
Deleted or
modified from
earlier notification
No. & Date.
9
10
11
12
13
14
15
Form 3
[ See Rule 8 (1) ]
To,
Application for Updating of Records of Waqf properties
The Circle Officer of
of Circle Office/Commissioner of Corporation/Executive Officer of
Municipality/ Secretary of Gram Panchayath of
It is hereby requested that the records of the properties indicated below be updated under Rule 7 of
Jharkhand Waqf Rules, 2024.
1.
Name of the Waqf :
2.
Registration No. & Date if any :
3.
Notification No. & Date if any :
4.
Details of the W aqf Property :
(a) Mouza / Revenue Thana / Circle
Khata No./Khesra No.(Old/New)
(b) Property No. :
(c) Extent (In acres/Sq.ft) :
5.
If property is Waqf by user : period of usage to be indicated
6.
If acquired by Sale/Gift/Hiba : the document No./Deed No.
7.
Name of the Institution in favour of which : Along with the name of Institution the word the records are
to be updated “Waqf property” may be inserted
8.
Name and address of the Mutawalli or name of : the authorized person to sign the notices etc.,
9.
Any other relevant information :
10.
List of documents :
(Name & Designation and Signature of the Applicant)
Received Application No.
date
from
regarding updating of records of
Waqf Institution along with enclosures on
(date).
Signature of the concerned authority
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024 43
Form No.4
[See Rule 8 (3) (a)]
Register of Immovable Property
Name of the District
Village
Circle No.
City/Town
Sl.
No
Name and
address of
the Waqf
Nature
of
property
Acquired through (Name of the Waqif and date
to be indicated)
(1) Mouza /
Revenue Thana /
Circle Khata No./
Khesra No.
(Old/New)
Deed of Gift/
Hiba.
Grant
Purchased
Others
1
2
3
4
5
6
7
8
Extent.
Valuation
Registration
No. & Date by
Board.
Notification
No. & Date by
Board.
Name of
the
Khatedar
Annual
Income
Details of
acquisition / grant
/ disposal by Court
9
10
11
12
13
14
15
Signature of the Mutawalli/ Managing Committee
Form No.5
[See Rule 8 (3) (b) ]
Register of Movable property
Name of the District:
Name of the Circle :
Sl. No.
Name &
address of the
Waqf
Description of Movable
property
Name of
the Donor
Date of
Purchase/
donated
No./Value
Bill No.
& date
1
2
3
4
5
6
7
Condition of the
movable property
Income from movable
Property, if any
Order & date
declared as obsolete
Date of action &
sale proceeds in Rs.
Remarks
8
9
10
11
12
Dated:
Signature of the Mutawalli/ Managing Committee
44
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
Form No.6
[ See Rule 8 (3) (c) ]
Register of Leases
Name of the District:
_ Name of the Circle:__
_
Sl.
No
Name &
address of the
Waqf
Particulars of
property
Purpose of
lease
Date of issue of
pamphlets/paper
notification
Name &
address of
the lessee
1
2
3
4
5
6
Period
of lease
No. & date of
lease deed
registered
Monthly
Rent
Date of
Commencement of
lease
Date of
Expiry
of lease
Date of
approval of
Board/Govt.
for leases over
1 year
Remarks
7
8
9
10
11
12
13
Dated:
Signature of the Mutawalli/ Managing Committee
Form No.7
[ See Rule 8 (3) (d) ]
Register of properties developed
Name of the District:
Name of the Circle:
Sl.
No
Name &
address
of the
Waqf
Details of
property
developed
Name of the
scheme under
which developed
PPP/BOAT/
NAWADCO/others
Name & address of the
developer/Board/Institution
Period of
lease
Given to
developer
Date of
approval
of Govt.
1
2
3
4
5
6
7
Amount
invested by
the developer
/Board/
Institution
Monthly
Rental
income
Date of
Commencement
of lease/
project
Date of
Expiry of
lease/
project
Security
deposit
Date
of
receipt
Monthly
rentals
Remarks
8
9
10
11
12
13
14
15
Signature of the Mutawalli/ Managing Committee
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024 45
Form No. 8
(See Rule 8(3)(e)
Register of details of Waqf properties acquired for public purposes
Name of the District:
Name of the Circle:
Sl.
No
Name &
address
of the
Waqf
Details of property acquired
Purpose of
Acquisition
Compensation
determined
Name of the
Village /
Town
(1) Mouza /
Revenue Thana /
Circle Khata No.
/Khesra No.
(Old/New)
Extension
in Acre /
Sq. Ft.
1
2
3
4
5
6
7
Date &
Name of the
Whether
Date of
Enhanced
Date of
Remarks
amount
Court & date
appeal for
settlement
compensation
reinvestment
paid
the
enhancement
of dispute/
received
for the same
compensation
has been
appeal
object
deposited
made
8
9
10
11
12
13
14
Form No.9
[See Rule 8 (6)]
Register of Immovable Properties of Auqaf in the Waqf Register
Name of the District
SI.
No.
Name
of the
Circle
Name
and
address
of the
Waqf
Nature
of
property
Acquired through (Name of the Waqif
and date to be indicated)
(1) Mouza /
Revenue Thana /
Circle Khata No./
Khesra No.
(Old/New)
Deed of
Gift/
Hiba
Grant
Purchased
Others
1
2
3
4
5
6
7
8
9
Extent
Valuation
Registration
No. & Date
by Board
Notification
No. & Date by
Board
Name of the
Khatedar
Annual
Income
Details of
acquisition/grant/
disposal by Court
10
11
12
13
14
15
16
Dated:
Signature of the Waqf Officer,.
46
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
Form No.10
[ See Rule 8 (6) ]
Register of Movable properties of Auqaf
Name of the District:
Sl. No
Name
of the
Circle
Name
and
address o
the Waqf
Description
of movable
property
Name of the
donor
Date of
Purchase/
donated
No./
Value
1
2
3
4
5
6
7
Bill No.
& date
Condition of
the movable
property
Income from
movable
Property, if
any
Order & date
declared as
obsolete
Date of action
& sale
proceeds in
Rs.
Remarks
8
9
10
11
12
13
Dated:
Signature of the Waqf Officer.
Form No.11
[ See Rule 8 (6) ]
Register of Leases of Waqf properties
Name of the District:
SI.
No.
Name
of
Circle
Name
and
address
of the
Waqf
Partic
ulars of
property
Purpose
of lease
Date of issue of
pamphlets/ paper
notification
Name &
address
of the
lessee
Period of
lease
1
2
3
4
5
6
7
8
No. & date
of lease
deed
registered
Monthly
Rent
Date of
Commencement
of lease
Date of
Expiry of
lease
Date of approval of
Board/Govt. for leases
over 1 year
Remar ks
9
10
11
12
13
14
Dated:
Signature of the Waqf Officer.
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024 47
Form No.12
[ See Rule 8 (6) ]
Register of properties developed
Name of the District:
SI.
No.
Name
of the
Circle
Name &
address
of the
Waqf
Details of
property
developed
Name of the
scheme under
which
developed
PPM/
NAWADCO /
others
Name &
address
of the
developer/
Board/
Inst itution
Period of
lease
Given to
developer
Date of
approval
of Govt.
1
2
3
4
5
6
7
8
Amount
invested by
the developer
/Board / I
institution
Monthly
Rental
income
Date of
Commencement
of lease/
probject
Date of
Expiry
of lease/
project
Amount received in Rs.
Remarks
Security
Deposit
Date of
receipt
Monthly
rentals
9
10
11
12
13
14
15
16
Form No.13
[ See Rule 8 (6) ]
Register of details of Waqf properties acquired for public purposes
Name of the District:
Sl.
No
Na me of
the
Taluk
Name &
address
of the
Waqf
Details of property acquired
Purpose of
Acquisition
Compensation
determined
Date &
amount
paid
Name
of the
Village
/Town
(1) Mouza /
Revenue Thana /
Circle Khata No./
Khesra No.
(Old/New)
Extent
in
Acre/
Sq.ft
1
2
3
4
5
6
7
8
9
Name of the Court
& date the
compensation
deposited
Whether
appeal for
enhancement
has been made
Date of
settlement of
dispute/
appeal
Enhanced
compensation
received
Date of
reinvestment
for the same
object
Remarks
10
11
12
13
14
15
48
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
Form No.14
[See Rule 8 (8)]
Register of Immovable Properties of Auqaf in the Jharkhand State Waqf Board Name of
the District
Sl.
No
Name
of the
Circle
Name &
address
of the
Waqf
Nature
of
property
Acquired through (Name of the Waqif
and date to be indicated)
(1) Mouza /
Revenue Thana /
Circle Khata No./
Khesra No.
(Old/New)
Deed of
Gift/
Hiba
Grant
Purchased
Others
1
2
3
4
5
6
7
8
9
Extent
Valuation
Registration
No. & Date by
Board
Notification
No. & Date
by Board
Name of the
Khatedar
Annual
Income
Details of
acquisition/
grant/
disposal by
Court
10
11
12
13
14
15
16
Dated:
Signature of the Chief Executive Officer,
Jharkhand State Waqf Board.
Form No.15
[See Rule 8 (8)]
Register of Movable properties of Jharkhand State Waqf Board Name of
the District:
Sl.
No
Name of the
Circle
Name and
address o
the Waqf
Description
of movable
property
Name of
the donor
Date of
Purchase/
donated
No./ Value
1
2
3
4
5
6
7
Bill No.
& date
Condition of the
movable
property
Income from
movable Property, if
any
Order & date
declared as
obsolete
Date of action &
sale proceeds
in Rs.
Remarks
8
9
10
11
12
13
Dated:
Signature of the Chief Executive Officer,
Jharkhand State Waqf Board.
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024 49
Form No.16
[ See Rule 8 (8) ]
Register of Leases of Waqf properties in the Jharkhand State Waqf Board Name of
the District:
SI.
No.
Name
of
Circle
Name and
address of
the Waqf
Particulars
of
property
Purpose
of lease
Date of issue of
pamphlets/ paper
notification
Name & address
of the lessee
1
2
3
4
5
6
7
Period
of
lease
No. &
date of
lease
deed
registered
Monthly
Rent
Date of
Commencement
of lease
Date of
Expiry
of lease
Date of
approval of
Board/Govt.
for leases over
1 year
Remarks
8
9
10
11
12
13
14
Dated:
Signature of the Chief Executive Officer,
Jharkhand State Waqf Board.
Form No.17
[ See Rule 8 (8) ]
Register of properties developed in the Jharkhand State Waqf Board Name of
the District:
_
SI.
No.
Name
of the
Circle
Name &
address of
the Waqf
Details of
property
developed
Name of the
scheme
under which
developed
PPM /
NAWADCO /
others
Name &
address of
the
developer /
Board /
Institution
Period of
lease Given
to
developer
Date of
approval of
Govt.
1
2
3
4
5
6
7
8
Amount
invested by
the
developer
/Board/I
institution
Monthly
Rental
income
Date of
Commencement
of lease/pr
object
Date of
Expiry of
lease/
project
Amount received in Rs.
Remarks
Security
Deposit
Date
of
receipt
Monthly
rentals
9
10
11
12
13
14
15
16
Dated:
Signature of the Chief Executive Officer,
Jharkhand State Waqf Board.
50
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
Form No.18
[ See Rule 8 (8) ]
Register of details of Waqf properties acquired for public purposes in the Jharkhand State
Waqf Board
Name of the District:
Sl.
No
Name
of the
Taluk
Name &
address
of the
Waqf
Details of property acquired
Purpose of
Acquisition
Compensation
determined
Name of
the
Village /
Town
(1) Mouza / Revenue
Thana / Circle
Khata No./ Khesra No.
(Old/New)
Extent
in Acre/
Sq.ft
1
2
3
4
5
6
7
8
Date &
amount
paid
Name of the
Court & date
the
compensation
deposited
Whether appeal
for
enhancement
has been made
Date of
settlement
of dispute/
appeal
Enhanced
compensation
received
Date of
reinvestment
for the same
object
Remarks
9
10
11
12
13
14
15
Signature of the Chief Executive Officer,
Dated:
Jharkhand State Waqf Board.
Form 19
[See Rule 11 (2)]
No.
Date:
N O T I F I C A T I O N
Notification regarding preparation of Electoral Rolls under Section 14(2) & (3) of Waqf Act 1995 as
amended by the Waqf (Amendment) Act, 2013 (27 of 2013).
It is hereby notified for the information of persons eligible to get themselves registered as voters of
the following Electoral colleges;
(1)
(2)
(3)
(4)
That
(i)
the last date of filing of application is ………………………………………….......
(ii)
the date of publication of draft rolls is ………………………………………………
(iii)
the date of lodging claims/objections is from…………………………………… to…………
(iv)
final publication of the Electoral Roll as per Clause (1)(c) of Rule 5 is ……………………
Electoral Registration Officer for
preparation of Electoral Rolls for
Election of Jharkhand State Waqf Board
* here indicate the electoral colleges
(1)
Electoral College of Muslim Members of Parliament.
(2)
Electoral College of Muslim Members of Legislature of State.
(3)
Electoral College of Muslim Bar Council Members.
(4)
Electoral College of Mutawalli.
(5)
Electoral College of Muslim Ex-Members of Parliament.
(6)
Electoral College of Muslim Ex-Legislature of State.
(7)
Electoral College of Muslim Ex-Bar Council Members.
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024 51
Form No.20
[ See Rule 12 (1) ]
REGISTRATION OF ELECTOR OF ............................... ELECTORAL COLLEGE
Claim for inclusion of name in the Electoral Roll for Electoral College of
for election to Member/s of Jharkhand State Waqf Board.
To
The Electoral Registration Officer to Jharkhand State Waqf Board.
Sir,
I
request
that
my
name
be
registered
in
the
Electoral
College
of
for election to member/s of Jharkhand State Waqf Board.
The particulars are: Name (in full)
Father/Husband’s Name
Occupation
Address
Age
(Date of birth
)
1. That I am sitting/Ex-Member of Rajya Sabha/Lok Sabha/Member of Legislative
Assembly/Legislative Council of Jharkhand/Member of Bar Council.
2. That I am Mutawalli of
institution and the annual income of the institution is more than one lakh rupees and
the Waqf contribution payable to the Jharkhand State Waqf Board due is Nil, I
declare that I am *Sunni/Shia Muslim.
3. I declare that I am Citizen of India and that all the particulars given above are true to
the best of my knowledge and belief.
Place:
Date:
* Strike out which is not applicable.
DECISION OF ELECTORAL REGISTRATION OFFICER
PETITIONER
The application in Form
of Shri/Smt
address
(a) accepted and name of the above applicant has been
registered at Sl.No.
in
part. (b) rejected for the reason
Date:
Electoral Registration Officer
……………………. Performation ……………………………………………
RECEIPT FOR APPLICATION
Received the application from Sri/Smt
address
Date:
Electoral Registration Officer
52
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
PART NO.
SERIAL NO.
Form 20A
[ See Rule 12 (2) ]
(This Form shall be submitted to Electoral Registration
Officer along with application in Form 20)
1)
NAME (BLOCK LETTERS)
2).
SPECIMEN SIGNATURE
i.
i.
ii.
PHOTO
ELECTION/BYE ELECTION TO THE JHARKHAND
STATE WAQF BOARD FROM
THE ELECTORAL
COLLEGE OF SITTING/EX-MUSLIM MEMBERS OF
PARLIAMENT OF JHARKHAND/MUSLIM MEMBERS OF
JHARKHAND LEGISLATURE /MUSLIM MEMBERS OF
BAR COUNCIL OF JHARKHAND/MUTAWALLI OF
WAQF INSTITUTIONS WHOSE ANNUAL INCOME IS
ABOVE Rs. ONE LAKH.
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024 53
Form 21A
(See Rule 14(1)
Part-A
Year
ELECTORAL COLLEGE OF MUSLIM MEMBERS OF PARLIAMENT FROM
JHARKHAND STATE FOR MEMBERSHIP OF JHARKHAND STATE WAQF BOARD
Sl.
No.
Name of
Member of
Parliament
Name of
father
/
husband.
Sex
Age
Date
of
Birth
LS/RS
Address in
the State of
Jharkhand
No. and
Name of
constituency
Date of
commencement
of tenure
1
2
3
4
5
6
7
8
9
10
Place :
Date :
ELECTORAL REGISTRATION OFFICER.
Form 21B
(See Rule 14(1))
Part-B
Year
ELECTORAL COLLEGE OF MUSLIM MEMBERS OF LEGISLATURE (JHARKHAND STATE)
FOR MEMBERSHIP TO JHARKHAND STATE WAQF BOARD
SI.
NO.
Name of
Legislature
Name of
father /
husband.
Sex
Age
Date
of
Birth
MLA
Address
in the
State of
Jharkhand
No. and
Name of
constituency
Date of
commencement of
tenure
1
2
3
4
5
6
7
8
9
10
Place :
Date :
ELECTORAL REGISTRATION OFFICER.
Form 21C
(See Rule 14(1))
Part-C
Year
ELECTORAL COLLEGE OF MUSLIM MEMBERS OF BAR COUNCIL (JHARKHAND STATE)
FOR MEMBERSHIP TO JHARKHAND STATE WAQF BOARD
SI.
NO.
Name and Address of the
Member of Bar Council
Name of father /
husband.
Sex
Age
Date of
Birth
Address in the State of
Jharkhand
1
2
3
4
5
6
7
Place :
Date :
ELECTORAL REGISTRATION OFFICER.
54
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
Form 21D
(See Rule 14(1))
Part-D
Year
ELECTORAL COLLEGE OF MUTAWALLI OF INSTITUTION WHOSE ANNUAL
INCOME IS ABOVE Rs. 1.00 LAKH
Si. No.
Name and
address of
the
Mutawalli
Name of
Father /
Husband
Sex
Age
Date of
Birth
Name and
address of
the
institution
Annual
income of the
institution
1
2
3
4
5
6
7
8
Place :
Date :
ELECTORAL REGISTRATION OFFICER.
Form 22A
(See Rule 15)
Part-E
Year
ELECTORAL COLLEGE OF EX-MUSLIM MEMBERS OF PARLIAMENT FROM JHARKHAND
STATE FOR MEMBERSHIP OF JHARKHAND STATE WAQF BOARD
Sl.
NO.
Name and
address of the
member of
Parliament
Name of
father
/
husband.
Sex
Age
Date
of
Birth
LS/RS
Address
in the State
of
Jharkhand
No. and Name
of constituency
represented
period
Date of
completion of
tenure
1
2
3
4
5
6
7
8
9
10
Place :
Date :
ELECTORAL REGISTRATION OFFICER.
Form 22B
(See Rule 15)
Part-F
Year
ELECTORAL COLLEGE OF EX-MUSLIM MEMBERS OF LEGISLATURE (JHARKHAND STATE)
FOR MEMBERSHIP OF JHARKHAND STATE WAQF BOARD
SI.
NO.
Name and
address of
the
Legislature
Name of
father
/
husband.
Sex
Age
Date
of
Birth
MLA
Address
in the State
of
Jharkhand
No. and Name
of constituency
represented
period
Date of
completion of
tenure
1
2
3
4
5
6
7
8
9
10
Place :
Date :
ELECTORAL REGISTRATION OFFICER.
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024 55
Form 22C
(See Rule 15)
Part-G
Year
ELECTORAL COLLEGE OF EX-MUSLIM MEMBERS OF BAR COUNCIL (JHARKHAND STATE)
FOR MEMBERSHIP OF JHARKHAND STATE WAQF BOARD
SI. NO.
Name and address
of Ex-Member of
Bar Council
Name of
father
/
husband.
Sex
Age
Date
of
Birth
Period
served
Address in the
State of
Jharkhand
1
2
3
4
5
6
7
8
Place :
Date :
ELECTORAL REGISTRATION OFFICER.
Form No. 23
(See Rule 17)
No.
Date
_
NOTIFICATION
The Government of Jharkhand hereby notifies the Schedule of election as hereunder for
filling up the vacancy/vacancies of members to the Jharkhand State Waqf Board under Sub clause (1)
to (4) of clause (b) of Sub Section (1) and Section (3) of Section 14 of Waqf Act, 1995 as amended by
the Waqf (Amendment) Act, 2013 for the following electoral colleges
Si. No.
Name of the Electoral College
No. of vacancies
The following is the schedule of election:
(i)
date of commencement of election
_
(ii)
date of Notice by Returning Officer in form 24
(iii)
last date of filing of nomination
under clause (b) of Sub Rule (1) of
Rule 18.
(iv)
last date withdrawal
(v)
date of Scrutiny under clause (d) of Sub Rule (1) of Rule 18
(vi)
Date of Poll
_
(vii) Date of Counting
_
(viii) Date of Closing of election
_
_
The above election will be conducted in accordance with Jharkhand Waqf Rules, 2024.
Date:
By order
and in the name of the Governor of Jharkhand
56
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
Form 24
[ See Rule 18 (2) ]
Notice is hereby given that:-
(1) an election is to be held for filling up of seats of one/two members to
Jharkhand State Waqf Board by the Muslim Members of Parliament/Ex- Muslim
Members of Parliament from of Jharkhand State.
OR
(2) an election is to be held for one/two members of Jharkhand State Waqf Board by
the Muslim member of Legislature/Ex-Muslim members of Legislature of
Jharkhand State.
OR
(3) an election is to be held for one/two members to Jharkhand State Waqf Board by
the Muslim Members/Ex-Muslim members of Bar Council.
OR
(4) an election is to be held for one/two member of Jharkhand State Waqf Board by
the Mutawalli of the institution whose annual income of the institution is above
Rs.1.00 lakh.
(5) Nomination Papers may be delivered by a candidate or his proposer to the
Returning Officer or to Assistant Returning Officer at .............................. between
11:30 A.M. to 1:30 P.M. on any day (other than a public holiday) not later than
the …………………………..
(6) Forms of nomination Papers will be taken up for scrutiny at .................... on
…………… at ……………………
(7) Notice of withdrawal of candidature may be delivered by a candidate or his
proposer (who has been authorized in writing by the candidate to deliver it) to
the Returning Officer at his Office before 01:00 P.M. on………………………
(8) In the event of election being contested, the poll will be conducted
on………………between the hours of ……………… and ………………
(9) The Election shall be completed before
(date)
Place:
Date:
RETURNING OFFICER
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024 57
Form 25
[See Rule 19 (1)]
NOMINATION PAPER
Election to the Jharkhand State Waqf Board
1.
I, nominate Sri/Smt.
as a candidate for election to the
Jharkhand State Waqf Board from the
category
a) Name of the Candidate
b) Name of Father/Husband
c) Postal Address
d) His/Her name is
entered at Sl.No.
in part
in the Electoral Roll
of
Electoral College.
e) My name is
and it
is entered at Sl.No.
in part
in the Electoral Roll
of
Electoral College.
(SIGNATURE OF PROPOSER)
(i)
I, the above mentioned candidate, assent to this nomination for being chosen as
a member of Jharkhand State Waqf Board from electoral college hereby declare.
a) That I am a voter of
Electoral College.
b) That I have completed
years of age and I am a
Sunni/Shia Muslim.
c) That to the best of my knowledge and belief, I am qualified and not also
disqualified (as laid down in Section 16 of Waqf Act, 1995) for being
chosen to fill the seat in the Jharkhand State Waqf Board from
Category.
Strike out whichever is not applicable.
(SIGNATURE OF THE CANDIDATE)
TO BE FILLED BY RETURNING OFFICER
Serial No. of Nomination Paper
The nomination was delivered to me at my office at
hours on
by
the candidate/proposer.
RETURNING OFFICER
Decision of Returning Officer, accepting or rejecting the Nomination Paper.
I have examined this Nomination Paper in accordance with Section 14 of Waqf Act and
decide as follows
RETURNING OFFICER
Receipt for Nomination Paper and Notice of Scrutiny
(To be handed over to the person presenting the Nomination Paper)
Serial No. of Nomination Paper
The Nomination Paper of
was delivered to me at my office at
(hours) on
(date) by the candidate/proposer.
All Nomination Papers will be taken up for scrutiny at
(hours) on
(date)
place.
RETURNING OFFICER
58
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
Form 26
[See Rule 21]
NOTICE OF NOMINATION
ELECTION TO THE JHARKHAND STATE WAQF BOARD BY MEMBERS OF
PARLIAMENT/ MEMBERS OF LEGISLATURE/BAR COUNCIL MEMBERS/MUTAWALLI
ELECTORAL COLLEGE.
OR
Election to the Jharkhand State Waqf Board by Ex-Members of Parliament/Ex-
members of Legislature/Ex-members of Bar Council Electoral College
Notice is hereby given that the following nomination in respect of the above have been
received upto 1:00 P.M. on (date)
SI. No. of nomination paper
Name of Candidate
Name of father / husband.
Age of the Candidate
Address
Shia / Sunni
Electoral Roll No. of candidate
Name of proposer
SI. No. of proposer in Electoral Roll
If the proposer is a Mutawalli the
name of the Waqf to be indicated
1
2
3
4
5
6
7
8
9
10
RETURNING OFFICER
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024 59
Form 27
[ See Rule 22 (1)]
Form of Oath or Affirmation
Form of Oath or Affirmation to be made by a Candidate for election to Jharkhand
State Waqf Board
I,
having been nominated as
candidate to fill a seat in the Jharkhand State Waqf Board do swear in the name of Allah that I will
bear true faith and allegiance to the Constitution of India as by law established and I will uphold the
Sovereignty and Integrity of India.
(Signature of the Candidate)
Acknowledgement of Oath
candidate has taken Oath on
at
time.
Returning Officer
Certificate of Oath
This is to certify that
has signed and read the Oath of Affirmation
before me on
date at time
(Signature)
Returning/Asst. Returning Officer
60
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
PHOTOGRAPHS
Form 28
[ See Rule 22 (2)]
Appointment of Election Agent
Election to the member of Jharkhand State Waqf Board from
Electoral College.
To : The Returning Officer
I
a candidate at the above
election do hereby appoint Sri.
(name and address) as my Election Agent from this day to the above election.
Place:
Date:
Signature of Candidate
I accept the above appointment
Place:
Date:
Signature of Election Agent
Signature attested by me
(Returning Officer)
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024 61
Form 29
[ See Rule 23 (8) ]
LIST OF VALIDLY NOMINATED CANDIDATES TO THE ELECTION FROM THE
ELECTORAL COLLEGE
Si. No.
Name of the Electoral College
No. of vacancies
Place :
Date :
RETURNING OFFICER
Note : The names of the Candidates shall be arranged as per English alphabetical
order and the address of the contesting candidates as given in the
Nomination Paper.
62
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
Form 30
[ See Rule 24 (1) ]
ELECTION TO THE
NOTICE OF WITHDRAWAL
To :
The Returning Officer
………………………………………
Sir,
I, ........................ (candidate validly nominated) at the above election do hereby give
Notice that I withdraw my candidature.
Date:
Yours faithfully
(Signature of the Candidate)
Receipt of Notice of Withdrawal
(to be handed over to the person delivering the notice)
The Notice of withdrawal of candidature by
(a validly nominated
candidate at the election to the member of Jharkhand State Waqf Board from
Electoral College was delivered to me by the * ----------------------- at my
office at ----------- (hour) on
(date).
RETURNING OFFICER
* Here insert one of the following alternatives as may be appropriate:-
(1) Candidate.
(2) Candidate’s proposer who has been authorized in writing by the candidate to
deliver it.
(3) Candidate’s election agent who has been authorized in writing by the candidate
to deliver it.
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024 63
Form 31
[ See Rule 24 (3) ]
NOTIFICATION
(Withdrawal of candidate/s)
Election to the Jharkhand State Waqf Board from
Electoral College.
It is hereby notified that the following validly nominated candidate/s at the
above election withdrew his candidature/their candidatures today.
Name of validly
nominated
candidate
Address of validly nominated candidate
Remarks
Date :
RETURNING OFFICER
Form 32
[ See Rule 25(1) ]
List of Contesting Candidates
Election to the Member/s of Jharkhand State Waqf Board from the
_
_ Electoral College.
Name of validly
nominated
candidate
Address of validly nominated candidate
Remarks
Sl.No.
Name of Candidate
Address of
Candidate
1.
2.
3.
etc.
Date:
Returning Officer
Note: The Names of the contesting candidates shall
be
in
English
alphabetical order and address of the contesting candidates as given
in the nomination Paper.
64
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
Form 33
[See Rule 28 (2) ]
Declaration of Result of Election
(to be used when the seat is un-contested)
Election of Jharkhand State Waqf Board from
Electoral College
In pursuance of the provisions contained in Rule 28 of Jharkhand Waqf Rules,
2024, I declare that
Sri/Smt 1)
(Name)
(Address)
Sri/Smt 2)
(Name)
(Address)
has/have been duly elected to fill the seat/seats from the above electoral college.
Place :
Date :
Returning Officer
Form 34
[See Rule 30 (2) ]
Application by a Voter regarding choice of Electoral College for voting
To
The Returning Officer,
I
is a Voter in the following Electoral College
of Jharkhand State Waqf Board.
Name of Electoral College
Part No.
Serial No.
(1)
(2)
(3)
(4)
I declare that my choice to vote is
Electoral College
under Rule 33.
Date
(Signature of Voter)
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024 65
Form 35
[See Rule 33 (2) ]
RETURN OF ELECTION
ELECTION TO THE JHARKHAND STATE WAQF BOARD
Election to Jharkhand State Waqf Board by Members of Parliament/ Members of
Legislature/Members of Bar Council/ Mutawalli
Result of the poll and of the transfer of vote is as follows: Number of valid votes
Number of Members to be elected
Quota (Number of votes sufficient to secure the election of a candidate
)
Names of
candidates
FIRST COUNT
SECOND
COUNT
THIRD COUNT
FOURTH COUNT
Votes
Polled.
Transfer
of
Result
Transfer
of
Result
Transfer
of
Result
1
2
3(A)
3(B)
4(A)
4(B)
5(A)
5(B)
Non transferable
Loss due to fraction
Total
Name of elected
Candidate/candidates
and or Order of election
I declare that
(1)
(Name)
(Address)
(2)
(Name)
(Address)
( Address)
has/have been duly elected.
Signature
Returning Officer
The
day of
202
66
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
Form 36
[ See Rule 33 (3) ]
Declaration of result of Election
(to be used when the seat is contested)
Election of Jharkhand State Waqf Board from
Electoral College.
In pursuance of the provisions contained in Rule 36 (3) of Jharkhand Waqf Rules,
2024, I declare that
Sri/Smt 1)
(Name)
(Address)
Sri/Smt 2)
(Name)
(Address)
has/have been duly elected to fill the seat/seats from the above electoral college.
Place :
Date :
Returning Officer
Form 37
[ See Rule 38]
CERTIFICATE OF ELECTION
I
Returning Officer for the election to Jharkhand State Waqf
Board, hereby certify that I have on the
day of
20
declare Sri/Smt.
Member of the Jharkhand State
Waqf Board from the
Electoral College* and that in token
thereof I have granted him this Certificate of Election.
Place :
Date :
RETURNING OFFICER
(Seal)
*here mention
(i) Muslim members of Parliament/Ex-Muslim Member of Parliament.
(ii) Muslim members of Legislature/Ex-Muslim member of Legislature.
(iii) Muslim members of Bar Council/Ex-Muslim Member of Bar Council.
(iv) Mutawalli of Waqf.
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024 67
Form 38
[ See Rule 40 ]
Notification under Section 14(9) of the Waqf Act, 1995 as amended by the Waqf
(Amendment) Act, 2013 (27 of 2013) regarding appointment of Members to Jharkhand State Waqf
Board.
The Government of Jharkhand by virtue of its power conferred under Section 14(9) of the
Waqf Act, 1995 as amended by the Waqf (Amendment) Act, 2013 (27 of 2013), notifies that the
persons noted hereunder are appointed as members of Jharkhand State Waqf Board. They shall hold
the office as the members of the Board for a period of five years under Section 15 of Waqf Act, 1995
as amended by the Waqf (Amendment) Act, 2013 (27 of 2013).
SI. No.
Name of
Member
Address
Age
If elected
member,
Name of
electoral
college
If nominated
the name of the
category of
nomination
Remarks
1
2
3
4
5
6
7
Dated:
Form 39
[ See Rule 41 (1) ]
N O T I C E
By order and
in the name of the
Governor of Jharkhand
A meeting is convened at (place)
on (date)
at time
to elect the Chairperson of the Board as
provided under Section 14(8) of Waqf Act, 1995 as amended by the Waqf (Amendment) Act, 2013
(27 of 2013). You are therefore, requested to attend the said meeting at the given time and place.
Nomination to contest for the post of Chairperson may be filed before the Presiding Officer on or
before the time and date of the said meeting.
Dated :
Secretary to Govt. and Officer
authorized to conduct Election of
Chairperson
(Note:-
Minimum 7 days Notice be given for conduct of this meeting)
Form No.40
[ See Rule 41 (4) ]
Notification by Govt. regarding appointment of Chairperson
N O T I F I C A T I O N
(Under Rule 37(5) of Jharkhand Waqf Rules, 2024)
It is hereby notified that Sri/Smt
S/o W/o
a member of the Jharkhand State Waqf Board is
duly elected as Chairperson of Jharkhand State Waqf Board as per Section 14(8) of Waqf Act,
1995 as amended by the Waqf (Amendment) Act, 2013 (27 of 2013).
Dated
By Order and
in the name of the Governor of
Jharkhand
68
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
Form No. 41
[ See Rule 44 (1) ]
Application for inspection of records/registers/other documents in any Public Office. The
Movable/immovable properties mentioned here under are.
(1) Waqf Properties belonging to
(Waqf)
(2) Claimed to be Waqf Properties.
It is required to inspect the documents mentioned in the table below under Section 29 of the
Waqf Act, 1995.
T A B L E
Sl.No.
Details of movable /
immovable
properties
Records / Register
other documents to
be inspected.
Official/ Person
authorized
1
2
3
4
Movable
Immovable
You are hereby requested to permit the Official/Person authorized in the table above to
inspect the said record/register and other documents immediately.
A Fee of Rs.
(in words)
is
remitted
vide
challan/receipt
No.
dated
C.E.O/Authorized Officer
To
(here indicate the authority to
whom application is made)
Section 29 of Waqf Act, 1995 (Central Act) as amended by the Waqf (Amendment) Act, 2013
As per Section 29, the Chief Executive Officer or any Officer of the Board duly authorized
by him in this behalf shall, Subject to such conditions and restrictions as may be prescribed and
Subject to payment of such fees as may be levied under any law for the time being in force be
entitled at all reasonable time to inspect in any public office, any records, registers, or other
documents relating to a Waqf or movable or immovable properties which are Waqf properties or are
claimed to be Waqf properties.
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024 69
Form No. 41(B)
[ See Rule 46 (4) ]
Application for certified copies of Proceedings or Records
1
Date
2
Name and
Address of
the
Applicant
3
Nature of
the
document
4
If the document
relate to a Waqf the
relation of the
Applicant with
Waqf.
5
Order
granting or
rejecting the
application
6
Searching
fee Ord.
urgent.
7
Initial of the Head
Clerk-cum-
Accountant.
8
Date and hour when
the inspection will be
allowed.
9
Signature of the
clerk receiving the
application
10
Remarks
1
Date
2
Name and Address of
the Applicant
3
Specification of the
document of which a
copy is required
4
Where the document
relates to a Waqf the
relation of the
applicant with the
Waqf
5
Order granting or
rejecting the
application
6
Number of words to
be copied
7
Searching fee
deposited Ordinary
8
Searching fee
deposited Urgent
9
Coping fee deposited
(Ordinary)
10
Coping fee deposited
(Urgent)
11
Certification fee
deposited if a certified
copy is required
(Ordinary)
12
Certification fee
deposited if a certified
copy is required
(Urgent)
13
Initial of the Head Clerk –
cum – Accountant
receiving
14
Date and hour when the
copy will be ready
15
Date of delivery
16
Signature of Applicant
acknowledging receipt
17
Remarks
Form No. 41(A)
[ See Rule 46 (1) ]
Application for inspection of proceedings or Records
70
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
Form - 42
(See Rule-49)
SCHEME OF ADMINISTRATION
Scheme of Administration for the management of
CHAPTER-I
DETAILS OF WAQF
1.
Name of the Waqf :
(Name with full address including allied institutions)
2.
Waqf shall be governed by the principles and percepts of Sunni/Shia.
3.
Jurisdiction of the Institution:
The jurisdiction of the Waqf for the purpose of admission of Members to the general body
shall confine to
, (Specify Village/Town/City
and Survey No./Ward No./Municipal Ward No./Corporation Ward No./geographical
boundaries)
4.
Properties held by the Waqf:
Sl. No.
Name of the Town or Village
(1) Mouza / Revenue Thana /
Circle Khata No./Khesra
No.(Old/New)
Extent in acres or sq.ft.
Boundaries
Nature of Waqf
Assessment or tax to be paid
annually
Name of the Khatedar
Income derived annually
Name and address of the Waqif
Certificate of
Regist ration No.
Gazette / Notifica tion No.
71
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
CHAPTER-II
DEFINITIONS
5.
Unless the context otherwise require, the words and expression contained in this Scheme of
Management shall bear the same meaning as contained in Waqf (Amendment) Act, 2013
(Act No.27 of 2013) and the Rules and Regulations made there under for the State of
Jharkhand.
i.
“Waqf” means
(Name of the Waqf institution);
ii.
“Jurisdiction” means the area described in Chapter-I, Clause-3 of this Scheme;
iii.
“Member” means a Muslim who has attained age of 18 years on the date of
application of membership and who ordinarily resides within the jurisdiction of the
Waqf institution and whose name is entered in the register of Waqf.
iv.
“General Body” in relation to a Waqf means a group of Members of Waqf
institution whose name in entered in the register of Waqf.
v.
“Properties” means all movable and immovable properties belonging to the Waqf
including donations, subscriptions, nazars, offerings, golak collection and other
income accrued to the Waqf;
vi.
“Board” means the Jharkhand State Waqf Board established by State Government
under Section-13 (1) of the Waqf (Amendment) Act, 2013 (Act No.27 of 2013).
vii.
“Act” means the Waqf (Amendment) Act, 2013 (Act No.27 of 2013) as amended
from time to time;
viii.
“Rules” means the Jharkhand Waqf Rules, 2024, framed by the State Government
under Section 109 of the Act, as amended from time to time;
ix.
“Regulations” means regulations framed by the Board with the approval of the State
Government under Section-110 of the Waqf (Amendment) Act, 2013 (Act No.27 of
2013) as amended from time to time.
x.
“Managing Committee” means a Committee entrusted with day to day management
of the affairs of the Waqf institution;
xi.
“Government” means Government of India and Government of Jharkhand as the
case may be.
xii.
“President” means President of Waqf institution selected or elected under the
provisions of this Scheme.
xiii.
“Vice President” means Vice President of Waqf institution selected or elected under
the provisions of this Scheme.
xiv.
“Secretary” means Secretary of Waqf institution selected or elected under the
provisions of this Scheme.
xv.
“Treasurer” means Treasurer of Waqf institution selected or elected under the
provisions of this Scheme.
CHAPTER-III
AIMS AND OBJECTS
6.
The aims and objects of the Waqf shall be:
i.
To look after the day-to-day management of the Waqf and to provide effective and
efficient services.
ii.
To ensure that income from the property or by services of the Waqf is properly
collected and applied to the objects of the Waqf or for which the Waqf is created or
intended.
iii.
To develop properties and improve the sources of income for fulfilment of the
purposes;
iv.
To extend financial assistance for education and health for the economically weaker
sections of the society by setting apart a portion of income of Waqf keeping in view
the Mansha-e-Waqif and Islamic Shariah.
v.
To take up any other activities of religious, cultural, educational, social, economic
upliftment of the community.
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Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
CHAPTER-IV
MEMBERSHIP
7.
Qualification for admission:
i.
Any Muslim who has completed 18 years of age as on the date of application for
Membership;
ii.
Who professes and follows the Sunni/Shia faith to which the Waqf belongs;
iii.
Who is a ordinary resident or who carries business, within the jurisdiction of the
Waqf; for not less than a minimum period of one year;
iv.
A person cannot be a member at a time for more than one Waqf institution of same
category i.e. not more than one Masjid, not more than one Dargah, not more than
one Khabrastan, etc.
v.
Any person who desires to become a Member shall apply in writing together with
payment of Membership fee of Rs.
/- (Rupees
)
to the Secretary/Treasurer/Administrator/ Mutawalli of Waqf institution as the case
may be and agree to pay monthly/annual subscription fixed by the Managing
Committee.
vi.
The Members must pay the subscription fee of ........................................... per month
on the last date of the month. If it is annually, the subscription fee of
Rs ............................... shall be paid on or before 30th of March of every year.
vii.
If subscription fee prescribed is not paid consecutively for 3 periods his Membership
will remain under suspension until payment of all arrears together with penalty of
Rs.500/- is paid. A Member who fails to pay the arrears together with penalty if any
before the date for issue of calendar of events of the election to the Managing
Committee to the Waqf shall not be eligible to participate in the election process in
any manner whatsoever including voting.
CHAPTER-V
MEETINGS
8.
General Body:
i.
The General Body of the Waqf shall be the apex body with supervisory powers over
the affairs of the Waqf. The first meeting of the General Body of the Waqf shall be
held within sixty days from the date of approval of this Scheme of Management by
the Board.
ii.
The meetings of General Body shall be of two types.
a)
Annual General Body Meeting.
b)
Special General Body Meeting.
iii.
Annual General Body Meeting.
The Annual General Body Meeting shall be called every year by the
Managing Committee on or before 31st of May of each year.
iv.
Functions of Annual General Body.
a.
To consider and approve the budget estimate for the ensuing year, before
submitting it to the Board;
b.
To approve the annual audited statement of accounts of the Waqf;
c.
To select with consensus 11 (eleven) Members from among themselves, to
the Managing Committee of the Waqf once in three years;
d.
If it be by selection, it shall be by rising of hands;
e.
If the General Body decides to appoint the Managing Committee through
Election, it shall be as provided under Chapter – VIII of the Scheme.
f.
If any Member/s of Managing Committee has/have, failed in his/their duties
or lagging behind in fulfillment of his/their responsibilities, or has acted or
acting, in a manner prejudicial to the interest of the Waqf, one fifth
Members are entitled to raise the subject, by notice, and if there exists prima
73
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
facie case against such Member/s, by a special resolution passed in the
meeting, intimate the fact to the Board for necessary action;
g.
To approve the appointment of employees required to the Waqf.
h.
To approve the proposals of the Managing Committee if any;
i.
To appoint Auditor or Chartered Accountant to audit the accounts of the
Institution;
v.
Adjournment of General Body Meeting.—In the absence of quorum within half an
hour after the time appointed for holding General Body Meeting, the meeting shall
be adjourned to a further date to be determined by the Managing Committee to
discuss the same agenda; such an adjourned meeting shall be called within seven
days from the date of adjournment;
No subject other than the notified subjects for the general body meeting
shall be transacted in the adjourned meeting and no quorum is required for the
adjourned meeting.
vi.
Special General Body Meeting.
a.
All General Meetings other than Annual General Body Meeting shall be
called as Special General Body Meeting.
b.
A Special General Body Meeting may be called at any time by the
Managing Committee at their discretion.
c.
It may be called on requisition made to the Managing Committee in writing
by at least one fifth of Members.
d.
It shall be called within a month from the date of requisition.
e.
At such a Special General Body Meeting, no business other than specified
in the notice shall be transacted.
f.
In case within half an hour after the time appointed for holding such a
meeting, if there is no quorum the meeting shall be dissolved.
vii.
Presiding over the meeting .—The President of the Waqf shall always preside over
every Annual General Body Meeting and Special General Body Meeting. In his
absence Vice-President shall preside. In the absence of both, nominee of the
President or senior most Member of the Managing Committee shall preside.
viii.
Quorum .—One third of the total Members shall constitute quorum for the Annual
General Body Meeting and Special General meeting.
ix.
Voting .—All decisions at the General Body Meeting / Special General Body
Meeting shall be taken by a simple majority of votes of the Members present. Each
Member shall have one vote. The President of the Waqf, if he is presiding over the
meeting or the person in Chair at the meeting shall have a casting vote which he
may exercise in case of equality of votes except in Election matters.
x.
The proceedings of every meeting shall be recorded in the Minutes Book together
with the resolutions passed on each subject. The Minutes Book shall be signed by
the President and Secretary of the Waqf.
xi.
The resolutions of previous meeting shall be placed in the next meeting for its
confirmation.
xii.
A copy of the Minutes of the meeting shall be sent to all Members of the Managing
Committee and published on the Notice Board of the Waqf within seven days of the
meeting.
xiii.
The Secretary of the Waqf, in consultation with the President of the Waqf or on the
direction of the President, shall prepare a notice containing the day, date, time and
place of such meeting together with agenda for the meeting and notes on the items
of agenda for the meeting. The notice shall be published on the Notice Board of the
Waqf and a copy may be sent to the office of the District Auqaf Committee.
74
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
CHAPTER-VI
MANAGING COMMITTEE
9.
1)
CONSTITUTION OF MANAGING COMMITTEE:
a)
There shall be a Managing Committee responsible for day to day
management of the Waqf selected or elected as the case may be having a
term of three years.
b)
The Managing Committee shall consist of eleven (11) Members.
2)
PROCEDURE FOR SELECTION OF MANAGING COMMITTEE BY THE
GENERAL BODY:
The existing Managing Committee or Administrator shall call for a General
Body Meeting by making public announcement in three consecutive Friday prayers
before General Body Meeting and on the date of General Body Meeting, any Officer
from the District Auqaf Committee or Board shall be invited as an Observer to the
said proceedings of the General Body Meeting. In the said General Body Meeting,
they shall select the Managing Committee. The names of the persons so selected in
the General Body Meeting shall be attested by the Observer and forwarded to the
Board for its approval.
3)
The Managing Committee shall be collectively accountable to the Board.
4)
Duties and Powers of the Managing Committee:
a.
It shall be the Executive Body responsible for day to day management,
administration of the affairs of the Waqf in accordance with the provisions
of the Act and Rules framed there under and in accordance with the terms of
the Scheme of Management.
b.
It shall exercise powers in accordance with decisions taken at General Body
Meeting and shall not act contrary to the Waqf Act, Waqf Rules, Scheme of
Management and directions of the Board.
c.
The Managing Committee shall adhere to the religious and customary
practices of the Waqf institution depending upon the nature of the Waqf
institution while carrying out its management affairs.
d. It shall have power to recruit the staff and also to remove them;
e. It is the Disciplinary Authority for the staff of the Waqf institution.
f. It shall update and maintain records/register of the Waqf as prescribed under
the Act and Rules.
g.
it shall prepare and submit periodical returns as prescribed under the Act
and Rules.
h.
It shall lease the properties in accordance with the provisions of Waqf
Properties Lease Rules, 2014.
i.
It shall be the duty of the outgoing Managing Committee to commence
Election process for constitution of new Managing Committee, three months
in advance of the expiry of its term, failing which they shall be liable for
action under Sections 61 and 64 of the Waqf Act (misfeasance and willful
disobedience of directions of the Board);
j.
Under no circumstances, the administrative and financial powers shall be
delegated.
k.
It shall be the duty of the Managing Committee to send a report at the
commencement of every financial year highlighting the achievements made
during the previous year in respect of protection of properties, its
development and steps taken to improve the financial status of the Waqf,
collection of income accruing to the Waqf and payment of Waqf
contribution;
l.
It can form Sub-Committees for Education, Health, Social Service and
Development of Waqf properties, etc.
m.
It shall approve receipts and payments.
n.
It shall notify the General Body Meeting to the Board.
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Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
o.
It shall get the assessment of Waqf contribution from the District Auqaf
Committee and remit the said sum within one month of the completion of
audit failing which they are liable to be charged for violation of Section-72 of
the Waqf Act;
10.
Co-option.— In case of vacancy in the Managing Committee, the remaining Members of
the Managing Committee with prior approval of the Board shall co-opt equal
number of Member/s from among the Members of the Waqf and the term of
such a Member is co-terminus with the term of subsisting Managing
Committee.
11.
Office Bearers:
a)
The Waqf Officer or Waqf Inspector shall call the first meeting of the Managing
Committee after receipt of the proceedings of the General Body Meeting within
fifteen days by giving clear notice of seven days. No such meeting may be called if
the Office Bearers are selected by consensus in the General Body Meeting.
b)
The Members of the Managing Committee shall, in its very first meeting; either by
consensus or Election choose from among themselves a President, a Vice President,
a Secretary, and a Treasurer as prescribed in Clause 24 of the scheme and intimate
the same to the District Auqaf Committee and the Board.
12.
Every Member of the Committee, whether elected or selected or co-opted shall sign
a declaration or an undertaking, under his hand, at the first meeting after his
Election/Selection, or Co-option that he accepts the said Office and solemnly
affirms that he shall act and discharge his duties with full integrity & honesty as a
Member in the best interest of the Waqf;
13.
A Member of the Managing Committee shall cease to be Member by reason of:
a.
death, resignation and removal;
b.
conviction resulting in any penalty;
c.
a tenant or family member of the tenant of the Waqf;
d.
receiving any pecuniary benefits from Waqf, Provided that the other spouse
or child of any Member of the Committee, General Body shall not be
entitled to hold any office of profit under the Waqf and its allied
Institutions.
e.
absence, consecutively for three meetings, without valid reason;
14.
Powers of office bearers:
1)
The President of the Committee shall preside over all meetings; he shall be the head
of the institution;
2)
The Vice President shall preside over any meetings in the absence of the President
and shall exercise all powers of President in the absence of the President in that
meeting;
3)
The Secretary of the Committee shall be the Executive Head of the Waqf institution
and as such he can sue and be sued in that capacity; he shall be responsible for:
a.
calling meetings in consultation with the President;
b.
preparing the agenda with notes for all meetings and circulate the same
along with meeting notice to the Members of Managing Committee or
General Body;
c.
preparing budget in consultation with the Treasurer;
d.
signing all contracts, leases with the prior approval of Managing
Committee, Board and Government as the case may be;
e.
maintaining accounts of the Waqf in accordance with provisions of Act and
Rules;
f.
operate bank account/s of the Waqf, jointly with the President or the
Treasurer;
g.
he shall be the head of Office for the staff employed by the institution; and
do all such acts as prescribed under the Act and Rules and that are entrusted
to him by the Managing Committee or General Body;
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Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
4)
The Treasurer shall be the custodian of the books of accounts and shall advise the
Managing Committee on financial matters of the institution;
5)
The Secretary is responsible to update and handover all the records to the successor
Managing Committee immediately after the expiry of the term.
6)
The Secretary and Treasurer are responsible for maintenance and updation of all the
books and prescribed registers and also responsible for production of records on
demand by the Supervisory Authorities.
7)
The Secretary and Treasurer are responsible for compliance and action taken on the
Audit and Inspection Reports of the Supervisory Authorities.
8)
The Secretary is responsible for taking up and pursuing any legal action to protect
the properties of Waqf.
15.
Disqualification of Member of the Managing Committee:
A person shall be disqualified for being appointed or for continuing as a Member of
the Managing Committee if:
a)
he is not a Muslim;
b)
he is less than eighteen years of age;
c)
he is found to be a person of unsound mind;
d)
he is an un-discharged insolvent;
e)
he has been convicted for an offence involving moral turpitude;
f)
he be a rowdy sheeted in police records;
g)
he has been, on previous occasion, removed by an order of a Competent Court or
Tribunal or Board from any position of Waqf either for mismanagement or for
corruption or any such reasons; in which case he is disqualified for a minimum
period of two (2) terms from the date of disqualification;
h)
he is known alcoholic or gambler or consumes any narcotics drugs;
i)
he or any of his family Member is a tenant of the Waqf and ineligible as per the
Waqf Properties Lease Rules, 2014;
16.
Meetings of Managing Committee:
1)
The Managing Committee shall meet at-least once in two (2) months or as often as
possible to transact the business of the Waqf;
2)
The Secretary, in consultation with the President, shall send at least three days prior
notice of the meeting to all Members of the Managing Committee and where any
emergent business has to be transacted the period of notice may be reduced at the
discretion of the President of the Waqf; a copy thereof shall be affixed on the Notice
Board of the Waqf.
3)
The President of the Managing Committee shall preside over every meeting and in
his absence, the Vice President shall preside over the meeting; and in the absence of
both President and Vice-President, any senior Member present, other than the
Secretary and Treasurer, shall preside over the meeting;
4)
The proceedings of the meeting shall be recorded in the Minute Book together with
the resolutions passed on each subject. The Minute Book shall be signed by the
President and Secretary of the Waqf.
5)
The resolutions of previous meeting shall be placed in the next meeting for its
confirmation.
6)
A copy of the Minutes of the meeting shall be sent to all the Members of the
Managing Committee within seven days of the meeting and also affix a copy thereof
on the notice board of the Waqf institution.
7)
The quorum for the meeting of the Managing Committee shall be one third
Members; If there is no quorum within half an hour of the commencement of the
meeting, the meeting shall be adjourned to next week on the same day and time; no
notice to any Member of such adjourned meeting shall be necessary.
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Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
CHAPTER VII
MAINTENANCE OF ACCOUNTS
17.
Accounts:
1)
The Treasurer shall maintain all the accounts of the Waqf in accordance with
the provisions of the Act and submit periodical accounts to the Board as
prescribed by the Board and prescribed under the Act and Rules framed there-
under;
2)
The Treasurer shall ensure that all books are maintained in accordance with
the Act and all amounts received and spent are accounted positively;
3)
The Treasurer shall ensure that all receipts and all income shall be received
and acknowledged against proper receipt and deposited in the Bank Account
of the Waqf on the same day or positively on the next working day;
4)
The Secretary shall maintain a permanent advance of not more than
Rs.1,000/- (Rupees One thousand only) for meeting any contingency;
5)
The institution shall open an account in any of the Nationalized Bank or
Schedule Bank and it should be jointly operated by the President and
Treasurer or Secretary.
6)
The interest accrued in the Bank Accounts and deposits of Waqf shall be
utilized for the needs of destitute without expecting any reward and the
transaction shall be accounted for.
18.
Donations, Gifts, Grants, etc.:
1)
The Managing Committee may, at its discretion accept donations, gifts in
cash or kind, or any movable or immovable property, or any endowments for
any purpose akin to the objects of the Waqf or supplemental to or incidental
to the objects of the Waqf and utilize such movable or immovable property in
fulfillment of the objects desired by the donor or settler or the Waqif or
directions of the Board;
2)
A gift or grant either in cash or kind of any movable or immovable property as
endowment may not be accepted by the Managing Committee, if in the
opinion of the Managing Committee, the terms imposed for utilization or use
of such gift or grant or endowment is not in the interest of the Waqf or if the
same is inconsistent with or repugnant to or contrary to the spirit and concept
of Waqf in general and the Waqf in particular or such grant, gift etc., is likely
to subject the Waqf or the Board to any embarrassment at a later date or
against the Shariah;
Provided that the Managing Committee shall record the reasons for
such non-acceptance of gifts, donations, etc., and intimate the same to the
Board;
19.
Leases of Waqf properties .—The properties or portion of properties could be
developed for enhancement of income to be utilized for the object of the Waqf shall
be leased in accordance with the provisions of Waqf Properties Lease Rules, 2014
positively. No power of transfer/Sub lease/mortgage or encumber of the Waqf
property in favour of Lessee can be incorporated in the Lease Deed. Any loss
incurred due to non-implementation of these Rules, the loss will be recovered from
the Mutawalli or Managing Committee.
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Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
20.
Financial Year:
1)
The Financial year, of the Waqf shall commence on the first day of April
every year and shall end on the 31st of March of every year;
2)
The first financial year of the Waqf shall commence from the date of
approval accorded by the Board to the Scheme of Management and shall end
on the 31st March of next calendar year;
21.
Audit of accounts:
1)
The Managing Committee shall after the completion of the financial year of
the Waqf, get the accounts audited by an Auditor or Chartered Accountant
appointed by the General Body of the Waqf or by the Board;
2)
The audited statement together with the observation of the auditors shall be
examined by the Managing Committee who shall
append
its
own
observations and place the accounts together with its observation before the
General Body at its Annual General Body Meeting after the closure of every
financial year. The Auditor or Chartered Accountant appointed by the General
Body of the Waqf or by the Board shall be accountable to Annual General
Body Meeting of Waqf;
3)
The Waqf shall allow second or subsequent audit in accordance with the
provisions of the Act and in consultation with and or directions of the Board;
22.
Amendments to the Scheme:
1)
This Scheme is framed by the Board in exercise of its powers and functions
as provided under Section 32 of the Act, and therefore, the Board alone is
Competent to cancel or modify this Scheme before or after it has come into
force;
2)
Where the General Body is of the opinion that the institution requires any
alteration or deletion or additions, the same may be forwarded to the Board
duly approved in the Special General Body Meeting convened for this
purpose for consideration of the Board and the decision of the Board shall be
final.
Provided that any amendment proposed shall be in consistent with the
Act and Rules made there under.
23.
Official Seal:
1)
The Managing Committee shall prepare an official seal indicating the name
of the Waqf, as it appears in the Gazette Notification or Registration
Certificate;
2)
The seal of the Waqf shall be in the safe custody of the Secretary of the
Managing Committee and shall be affixed on all contracts, agreements and
documents to which the Waqf is the signatory;
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Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
CHAPTER VIII
ELECTION
(Applies only in case where Managing Committee is not selected by consensus)
24.
Constitution of Managing Committee through Election:
1)
Preparation of Electoral Roll and issue of Identity Cards:
a)
The Secretary of the Managing Committee or Administrator or Mutawalli
within three months of the completion of the term shall issue notification
inviting applications for enrolment of Members, deletions and corrections of
details of names and address of Members of the Waqf providing minimum
thirty days period.
b)
The Secretary of the Managing Committee or Administrator or Mutawalli
shall publish the Provisional Electoral Roll of the Waqf as per Chapter IV
calling for objections, suggestions and corrections giving a minimum period
of seven days.
c)
After corrections and decisions on objections and suggestions, the
Managing Committee or Administrator or Mutawalli after recording reasons
for rejection, if any, shall publish the Final Electoral Roll within seven days
after Clause (b) above, on the Notice Board of the Waqf and send a copy to
the District Auqaf Committee.
d)
The Managing Committee shall issue to every Member whose name is in
the Final Electoral Roll of the Waqf institution an Identity Card indicating
the name of the Waqf, full name of the Member, Membership number, date
of birth, age and residential or business address. The recent passport size
photo of the Member shall also be affixed on the Identity Card duly signed
by him and attested by the Secretary of the Managing Committee or
Administrator or Mutawalli along with the seal of the Waqf.
2)
Eligibility for voting:
The Members enrolled in the Register of Members of General Body are
eligible to contest or cast the vote for Election of the Waqf.
25.
Procedure for Election of Members of the Managing Committee: Election of the Members
of the Managing Committee of the Waqf shall be held in the following manner:
1)
The existing Managing Committee shall request the Board to appoint a Returning
Officer and the Board shall appoint an Officer or Official of the Board or the State
Government or a Local Authority as Returning Officer for the purpose of conducting
the Election of Members to the Managing Committee of the Waqf.
2)
The Returning Officer appointed under sub-rule (1) above shall publish a calendar
of events for the purpose of conduct of Election of Members of the Managing
Committee, twenty one days before the date of Election and complete the process of
Election within thirty days from the date of Notification.
3)
The Calendar of Events shall be published by the Waqf in local dailies having wide
circulation in the local area at least one in each language viz; Hindi, Urdu and English
and at the Offices of the Returning Officer, the District Auqaf Committee and any
other offices deemed appropriate by the Returning Officer.
4)
Calendar of Events shall be published indicating clearly:-
(a)
The number of persons to be elected.
(b)
The last date for filing of nominations, shall be the seventh day after the
date of issue of nomination papers.
(c)
The place at which such nominations are to be filed.
(d)
The date of scrutiny of nominations which shall be the day next after the last
date for filing nominations;
(e)
The last date for withdrawal of nominations shall be the next day after the
date for the scrutiny of nominations and thereafter the final list of contesting
candidates will be published.
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Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
(f)
The date on which polling shall be held being a date not earlier than the
tenth day after the last date for withdrawal of nominations;
(g)
The date before which the process of election shall be completed.
(h)
The date, place and time for counting of votes.
(i)
After the issue of Calendar of Events the process of Election will continue
irrespective of public holidays.
5) (a) A Member who desires to contest as a candidate for Election as a Member of the
Managing Committee shall file Nomination Paper in the form prescribed to the
Returning Officer or any other person authorized by him.
0R
(b) A Member of Waqf institution may nominate any other Member who is qualified to
be chosen as a Member of the Managing Committee and such nomination shall be
filed before the Returning Officer or any other person authorized by him.
6)
NOMINATIONS:
1)
Each nomination shall contain the consent of the proposed candidate in
writing.
2)
Nomination shall be proposed and signed by at least one individual Member
competent to vote in the Election and seconded by one individual Member
competent to vote in the Election.
3)
The nomination without the consent of the proposed candidate or received
after the date and time fixed for receipt of the nomination shall be liable to
be rejected.
4)
Nomination shall be accompanied by a receipt for having deposited either
by cash or by way of Demand Draft drawn in favour of the Waqf not less
than Rs.1,000/- (Rupees One Thousand) as specified in the Calendar of
Events Notification.
5)
If a candidate fails to secure one tenth of the valid votes polled in the
Election, the amount so deposited shall be forfeited to the Waqf.
6)
Nomination shall be scrutinized by the Returning Officer on the date
notified in the Calendar of Events.
7)
The Returning Officer shall endorse on each notice of nomination the
decision of either accepting or rejecting the said nomination.
8)
Nomination papers of contesting candidates disqualified to be elected to the
Managing Committee shall be rejected and a brief statement of reasons shall
be recorded for such rejection.
9)
The Returning Officer shall, after scrutiny, prepare a list of candidates
whose nominations are valid and shall publish the same on the Notice Board
of the Waqf on the same day.
10)
A candidate may withdraw his nomination by a notice in writing delivered
in person before 03:00 p.m on the following day of scrutiny to the Returning
Officer or any other person authorized by him.
11)
The Returning Officer or the person authorized by him shall note the date
and time of receipt of the notice of withdrawal.
12)
A person who has given notice of withdrawal shall not be allowed to
withdraw such a notice.
13)
The Returning Officer shall on being satisfied of the genuineness of the
notice of withdrawal, cause the notice of withdrawal to be published on the
Notice Board of the Waqf on the same day.
14)
After expiry of the time allowed for withdrawal, the Returning Officer shall
prepare a list of valid contesting candidates in alphabetical order and
publish it on the Notice Board of the Waqf.
15)
If the number of candidates are equal to the number of Members to be
elected, the Returning Officer shall declare them as elected uncontested
immediately and publish the same on the Notice Board of the Waqf and
deliver a copy of the result sheet to the institution on the same day and
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Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
forward a copy of such result sheet to the District Auqaf Committee and the
Board by Registered Post Acknowledgement Due or by Muddam.
16)
If the number of contesting candidates are more than the number of
Members to be elected, the names of such candidates with the symbols
allotted to them shall be written or typed or printed and published on the
Notice Board of the Waqf at least seven days before the date of Election.
17)
The Returning Officer shall allot symbols to contesting candidates except
those symbols which are allotted to recognized political parties in the State.
Explanation: For the purpose of this sub-rule a recognized political party
means every political party recognized by the Election Commission of India
as a National Party or as a State Party in the State of Jharkhand under the
Election Symbols (Reservation and Allotment) Order, 1968.
18)
A register shall be kept at the place of Election and every voter shall sign in
the register on producing the Identity Card and proceed to secure the
Identification Slip. The voter shall be allowed to proceed to cast his vote.
19)
Poll shall be conducted between 08:00 am and 03:00 pm provided that all
voters who have obtained Identification Slips before the time fixed for
closing the poll and present at the polling booth shall be allowed to vote.
20)
The Returning Officer shall appoint as many such number of Assistant
Returning Officers, Presiding Officers and Polling Officers to conduct the
poll, and as many Counting Assistants to count the votes as may be
necessary.
21)
On producing the Identification Slip the Presiding Officer or Polling Officer
shall issue him a ballot paper bearing the seal of the Waqf and the signature
of the Presiding Officer.
22)
Canvassing or soliciting of votes during the conduct of Election shall be
strictly prohibited within 100 meters from the place of polling.
23)
Voting shall be by Ballot and a voter shall mark [X ] on or near the symbol
against the name of the candidate, whom he wishes to vote and fold the
Ballot Paper and deposit it in the Ballot Box.
24)
After the polling is over, the Presiding Officer shall close the poll and
deliver the Ballot Box to the Returning Officer, who shall arrange for
counting, immediately after polling.
25)
The Counting Assistants shall arrange all valid Ballot Papers and obtain the
orders of Returning Officer on the rejected Ballot Papers on the following
grounds:
i)
If it bears any signature to identify the voter.
ii)
If it does not bear the seal of the Waqf or initial of the Presiding
Officer.
(iii)
If it contains more marks than the number of seats to be elected.
26)
Completion of Counting of votes:
a.
If equal number of votes is polled between the candidates to be
declared elected, the Returning Officer shall forthwith decide the
winning candidate by lot.
b.
The candidates who have secured the maximum number of votes
shall be declared as elected.
c.
The Returning Officer shall declare the result of
Election
immediately after the counting of votes and publish the list of
elected candidates on the Notice Board of the Waqf and deliver a
copy of it to all the contesting candidates and the Waqf on the same
day.
d.
The Returning Officer shall arrange to keep Ballot Papers, election
related documents and the Register containing the signature of
Members of Managing Committee and the result of counting in a
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Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
sealed box in safe custody of the Waqf preferably in the custody of
the Executive Officer or a responsible paid official of the Waqf.
e.
The remuneration to be paid to the Election Officer and Officials
will be fixed by the Board and the same will be paid by the Waqf.
26.
Manner of convening the meeting of all the Members of the Managing Committee to elect
Office Bearers:
i.
The Managing Committee within 15 days from the date of declaration of results of
the Election shall elect the President, Vice-President, Secretary, Treasurer and such
other office bearers as required to be elected under the Scheme of Management of
the Waqf. One of the elected 64 Member who is not a candidate for the Election of
President or Vice-President, Secretary, Treasurer shall be chosen to preside over
such meeting. The meeting shall be called by the Returning Officer or Waqf Officer
by giving seven day notice sent by registered post or Dasti indicating the date, time
and place of meeting.
ii.
Whenever the Office of the President, Vice-President, Secretary, Treasurer and such
other office bearers falls vacant due to death or resignation or for any other reason,
the Managing Committee shall call a meeting in accordance with sub-clause (i) to
fill up such vacancy within the period of fifteen days from the date of occurrence of
such vacancy.
iii.
Not less than two hours before the time fixed for the meeting for the Election of
President, Vice President or Secretary or any other office bearers, any elected
Member may nominate any other elected Member for being elected as President,
Vice-President or Secretary or other Office Bearers as the case may be by delivering
a nomination paper to the Returning Officer or Waqf Officer.
iv.
No elected Member shall nominate under sub-clause (iii) more than one candidate
for the office of the President, Vice-President or Secretary or any other Office
Bearers of the Waqf. The nomination received first shall be considered for scrutiny.
v.
After the commencement of the meeting, the Returning Officer or Waqf Officer
shall place before the Member presiding over the meeting (hereinafter referred to as
the Presiding Authority) all the nomination papers and shall read out to the
Members present at such meeting, the names of the Members who in his opinion
have been duly nominated together with those of the proposers.
vi.
Any candidate may withdraw his candidature by notice in writing duly signed by
him and delivered to the Presiding Authority immediately after the scrutiny of
nomination papers. .
vii.
The notice of withdrawal may be given either by the candidate in person or by his
proposers who had been authorized in this behalf in writing by the candidate.
viii.
No person who has given a notice of withdrawal of his candidature under sub-clause
(vi) shall be allowed to cancel the notice of withdrawal.
ix.
The Presiding Authority shall, on being satisfied as to the genuineness of notice of
withdrawal and the identity of the person delivering it under sub-clause (vii) read
out to the Member present at such meeting the names of the persons withdrawing
their candidature.
x.
After the time fixed for withdrawal is over if there is only one candidate who has
been validly nominated, and has not withdrawn his candidature in the manner and
within the time specified, the Presiding Authority shall forthwith declare such
candidature duly elected as President, Vice-President, Secretary or any other Office
Bearers of the Waqf, as the case may be.
xi.
If the number of candidates who have been validly nominated and who have not
withdrawn their candidature are more than one, then the Presiding Authority shall
proceed to conduct the Election as hereinafter provided.
xii.
Votes shall be taken by Secret Ballot and the Members voting for and against any
candidate shall record their votes in the Ballot Papers supplied to them.
xiii.
Any Member present at the meeting may refrain from voting if he so chooses to do.
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Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
xiv.
After voting by all the elected Members present, the Presiding Authority shall count
the votes and declare that the candidate to whom the highest number of valid votes
have been given to have been duly elected.
xv.
When there is equality of votes between any two or more candidates and the
addition of one vote will entitle any of those candidates to be declared elected, the
Presiding Authority shall forth with decide between those candidates by lot in such
manner as he may determine and proceed as if the candidate on whom the lot falls
has received an additional vote. He shall thereafter declare the candidates on whom
the lot falls to have been duly elected.
xvi.
The Presiding Authority shall cause a record of the minutes of the meeting which
shall contain the names of all the elected Members present. The minutes shall be
signed by the Presiding Authority as well as the Members present. The minutes shall
be made available to any Member of Managing Committee for inspection.
27.
The Board within 15 days of the receipt of the list from the District Auqaf Committee, or as
early as it is convenient, shall issue order appointing the elected or selected Members as new
Managing Committee in accordance with the provisions of the Act;
28.
The newly elected Members shall be deemed to have assumed the Office of the Managing
Committee (Mutawalli) of the Waqf from the date of order of the Board appointing them as
Office Bearers and Members;
29.
The power to appoint Mutawalli or Managing Committee is exclusively vested with the
Board.
30.
Sustainability of Scheme of Management: The Board is empowered to cancel or modify the
Scheme at any time after it has come into force assigning reasons.
31.
These Bye-laws in general is for the purpose of ensuring transparency in management and
appointment of members to the Managing Committee of the Waqf, therefore, any difficulty
in the implementation of Scheme the Waqf may propose the amendment to the Board. The
decision of the Board on all matters shall be final.
32. Directions of the Board: All directions, instructions and circulars issued by the Board shall
be implemented scrupulously from time to time.
33.
ELECTION DISPUTES:
i.
Any dispute or any other matter relating to Election to Managing Committee shall
be made within 30 days from the date of declaration of result before a Waqf
Election Tribunal comprising of the Chief Executive Officer, Additional Chief
Executive Officer and Chief Law Officer. The Chief Executive Officer will preside
over and adjudicate on the Election petition, and the decision of the Waqf Election
Tribunal shall be final and conclusive;
ii.
The petitioner shall file the Election Petition as provided in Rule 88 with suitable
modifications alongwith a verifying affidavit and a deposit of Rs.1000/- towards
costs;
iii.
The Chief Executive Officer shall exercise powers specified under Sub-Section (2)
of Section 71 of the Act while hearing on the Petition;
iv.
The Chief Executive Officer shall hear and complete the proceedings within two
months of its filing;
v. The Chief Executive Officer shall follow the procedure prescribed.
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Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
Form No.43
[ See Rule 50(1) ]
N O T I C E
Whereas it is learnt/informed/reported that the Waqf
has
ceased to exist or that the objects or parts thereof shown in the schedule below have ceased
to exist.
S C H E D U L E
SI. No.
Name of Waqf /
Waqf property.
Details of
movable
Details of immovable property
Details
of
fund,
if any.
(1) Mouza /
Revenue
Thana / Circle
Khata
No./Khesra
No.(Old/New)
Area /
Extent.
District
Circle
City /
Town
Village
Usage.
1
2
3
4
5
6
7
8
9
10
11
It is therefore hereby notified that an inquiry will be taken up regarding the said cessation and to
ascertain the property and the funds of that Waqf and to order for recovery of the said property of funds and its
utilization under Section 39(2) of the Waqf Act.
Any objections in this behalf shall be furnished to the undersigned on
(date)
at
(time) during the inquiry.
Chief Executive Officer/ Authorized Officer
To
Form No.44
[ See Rule 51 (1) ]
FORM OF INFORMATION
Information pertaining to any property which is believed to be Waqf property/whether a particular property is a
Waqf property or not/whether a Waqf is Sunni or Shia.
Name of the W aqf
Date of creation/
Establishment of Waqf
District. Circle,
City/Town/Village
Name of the Mutawalli/
President/Secretary/ if any
Activities of Waqf
Details of properties
Details regarding management of the W aqf
Signature of the Reporting Officer
85
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
Form No.45
[ See Rule 51 (3)(i) ]
N O T I C E
Whereas the Jharkhand State Waqf Board after inquiry under Section 40 of the Waqf
Act has reason to believe that the property/properties indicated below in the schedule
belongs to
(Name of Trust
or Society) registered in pursuance of Indian Trust Act 1882/Society Registration Act, 1960
or
(any other Act) is/are Waqf properties.
SCHEDULE
Details of the
property
(1) Mouza / Revenue Thana /
Circle
Khata No./Khesra No.(Old/New)
EXTENT
Boundaries
N
S
E
W
Therefore you
(name of the authority by whom the
Trust is registered) is hereby called upon to register the property/properties in the schedule
under the Waqf Act, 1995 as amended by the Waqf (Amendment) Act, 2013, within 15 days
of the service of this Notice. Failing which the Board shall proceed to register the said
properties under the Act.
Dated:
Chief Executive Officer/Authorized Officer
Form No.46
[ See Rule 51 (3)(i)]
SHOW CAUSE NOTICE
Whereas the Jharkhand State Waqf Board after inquiry under Section 40(3) of the Waqf Act has
reason to believe that the property/properties indicated below in the schedule belongs to
(Name of Trust or Society) registered in pursuance of Indian Trust
Act, 1882/Society Registration Act 1960 or
(any other Act) is/are Waqf properties.
SCHEDULE
Details of the property
(1) Mouza / Revenue
Thana / Circle
EXTENT
N
S
E
W
Boundaries
Khata No./Khesra
No.(Old/New)
Therefore you
(name of the authority by
whom the Trust or Society is registered) is hereby called upon to furnish your written objection/suggestion
showing cause as to why the property/properties noted in schedule should not be registered under the
provisions of Waqf Act, within 15 days from the receipt of this Notice. Failing which the Board shall pass orders
under Section 40 of the Waqf Act.
Chief Executive Officer/ Authorized Officer
86
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
Form No.47
[ See Rule 56 (1) ]
PUBLIC NOTICE
Whereas, a vacancy in the office of Mutawalli of …………………… (Waqf institution) has
arisen and as per the terms of Deed, there is no other person to be appointed against this
vacancy. Hence, it is hereby notified for the information of the public or persons interested
in the Waqf that Sri……………… S/o ………………………….has been proposed by the
Dist. Auqaf Committee, ………………………….District for filling up of vacancy of the
Mutawalli of the said institution as per details in the schedule below for such period and
under such terms and conditions as the Jharkhand State Waqf Board may think fit.
SCHEDULE
1.
Name of the Waqf Institution:
2.
Regn. No. & Date/G.N.No. & Date
3.
Details of appointment of Mutawalli under the Waqf Deed
4.
Name & address of person proposed as Mutawalli under Section 63 of the Act.
5.
Name of the former Mutawalli. Anyone having objections/suggestions to this
proposal, may in writing inform the same to the Chief Executive Officer/authorized
Officer, within seven days, from the date of publication of this Notice. Failing which,
it will be presumed that there are no objections/suggestions and the Board will
proceed further in appointing the person notified herein above as the Mutawalli of
the above said institution under Section 63 of the Waqf Act.
Chief Executive Officer/ Authorized Officer
Copy to concerned.
Form No.48
[ See Rule 56 (2) ]
NOTICE
(To be issued when there is a vacancy of office of Mutawalli of a Waqf and the right
of any person to act as Mutawalli is disputed)
Whereas, a vacancy in the office of ………………………..(Waqf institution) has
arisen due to .................................................. and the right of any person to act as Mutawalli
is disputed.
Hence, it is hereby notified for the information of the public or persons interested in
the Waqf that a proposal received from the Dist. Auqaf Committee,
……………………..District for the filling up of vacancy to the office of the Mutawalli of the
said Waqf institution, by appointing the person noted in the schedule below for such period
and under such conditions as the Jharkhand State Waqf Board may think fit.
SCHEDULE
1.
Name of the Waqf Institution:
2.
Regn. No. & Date/G.N.No. & Date
3.
Details of appointment of Mutawalli under the Waqf Deed
4.
Name & address of person proposed as Mutawalli under Section 63 of the Act.
5.
Name of the former Mutawalli.
Anyone having objections/suggestions to this proposal, may in writing inform
the same to the Chief Executive Officer or authorized Officer, within seven days,
from the date of publication of this Notice, failing which, it will be presumed that
there are no objections/suggestions and the Board will proceed appointing the
person notified herein above as the Mutawalli under Section 63 of the Waqf Act.
Chief Executive Officer/ Authorized Officer
Copy to concerned.
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Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
Form No.49
[ See Rule 57(7) ]
Quarterly Progress Report by the Mutawalli/Administrator of Waqf institution,
of Mohalla/Ward/Village-
, Sub Division
,
District
No.
dated
I.
RECEIPTS & EXPENDITURE OF GOVERNMENT SCHEMES
SI.
No.
Name of Scheme
Grants
received
Expenditure
Utilization
Certificate
submitted
1
Grant in aid for Waqf institutions
2
Protection of Waqf properties
3
Special Grants
4
Honorarium to Pesh Imam &
Mouzan
5
MPLAD
6
MLAD
7
Shadi Mahal
8
MSDP
II.
INCOME & EXPENDITURE OF Waqf
SI. No.
Details of receipt
Amount
Expenditure incurred for
Rituals
Administration
Education
Health
Development of
Waqf
Taxes
Waqf
contribution
Others
Total
Balance
III.
MAINTENANCE OF PROPERTIES
1.
Total number of properties registered :
2.
Total number of properties notified :
3.
No. of properties to be surveyed under subsequent survey :
4.
No. of properties surveyed :
5.
No. of properties Khatas are in the name of Waqf :
6.
No. of properties “Waqf property” has been 70 indicated in the Khata :
7.
No. of properties name boards are erected :
8.
No. of properties compounded :
9.
No. of properties commercially developed in the quarter :
10.
No. of properties identified as encroached or illegally transferred and
reported to the District Auqaf Committee :
11.
No. of properties restored back to the Institution :
12.
Details of litigations :
Signature of the Mutawalli
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Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
Form 50
[ See Rule 58(3) ]
NOTICE
Notice to Mutawalli/Secretary of ................................ (Waqf institution) under Section
64 (3) of the Waqf Act.
Whereas, you Sri ……………………….S/o ...................................... was appointed as
Mutawalli/Secretary of ………………………….(Waqf institution) vide Board’s Order No.
………………………….dated ………………….. for a period of ……………… years and
whereas, it is now reported that you have violated the provisions of the Waqf Act, and liable
for action under Section 64(1) for the reasons indicated below:- (tick whichever is
appropriate)
a)
Has been convicted more than once of an offence punishable under Section 61 of
the Waqf Act.
b)
Has been convicted of offence of criminal breach of trust or any other offence
involving moral turpitude, and such conviction has not been reversed and granted
full pardon;
c)
Is of unsound mind or suffering from any other mental or physical defects or infirmity
which would render unfit to perform the functions and discharge the duties of a
Mutawalli,
d)
Is an undischarged insolvent:
e)
Is proved to be addicted to drinking liquor or other spirituous preparations, or is
addicted to any narcotic drugs;
f)
Is employed as a paid legal practitioner on behalf of, or against, the Waqf;
g)
Has failed, without reasonable excuse, to maintain regular accounts or has failed to
submit, the yearly statement of accounts, as required by sub-section (2) of Section
46 and Sub-Rule (3) of Rule 51;
h)
Is interested, directly or indirectly, in a subsisting lease in respect of the concerned
Waqf or any Waqf property, or in any contract made with or any work being done
for, the Waqf or is in arrears in respect of any sum due to him of such Waqf;
i)
Continuously neglects his duties or commits any misfeasance, malfeasance,
misappropriation/misapplication of funds or breach of trust in relation to the Waqf or
in respect of any money or other Waqf property;
j)
Willfully and persistently disobeyed the lawful orders issued by the Central
Government, State Government & Board under any provision of Waqf Act or Rules
or Orders made there under,
k)
Misappropriate or fraudulently dealt with the property of the Waqf.
l)
Specify any other purpose:
Therefore, by virtue of the powers conferred under Section 64(3) of the Waqf
Act, notice is hereby given that an inquiry will be held under Sub Rule (2) of Rule 46
of Jharkhand Waqf Rules, 2024 by the Jharkhand State Waqf Board.
You are therefore called upon to furnish your explanation, if any, to the
aforesaid charges, within seven days, from the date of service of this Notice. Failing
which, the Board shall proceed with the inquiry and take a decision under Section64
of the Waqf Act.
By Order of the Inquiry Officer appointed by
Jharkhand State Waqf Board
To:
Shri
Copy to the concerned.
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Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
Form No.51
[ See Rule 58 (5) ]
NOTICE
(Notice for suspension of Mutawalli/Managing committee of …………………………
…….. (Waqf institution) under Section 64(5) of the Waqf Act) Whereas, action under
Section 64 (1) is contemplated against you Sri .................................................................... S/o
……………………………………..(Waqf Institution).
Whereas, the Jharkhand State Waqf Board, has taken up an inquiry under Section
64(3) of the Waqf Act therefore your continuance in this office may hamper the proceedings
of the inquiry. Now therefore, in exercise of the powers conferred under Section 64 (4), the
Jharkhand State Waqf Board is of the opinion to keep you under suspension from the
office of the Mutawalli/Secretary of Managing Committee of
…………………… (Waqf institution) You are therefore, called upon to explain within seven
days from the date of service of this notice as to why orders keeping you under suspension
should not be issued. If you fail to furnish an explanation, the Board shall proceed in
accordance with law and action will be taken to suspend you form the office of the
Mutawalli/Secretary of the Managing Committee of the above said institution, until the
conclusion of inquiry initiated under Section 64(3) of the Waqf Act.
Chief Executive Officer
To:
Sri Mutawalli/Secretary
…………………………. ………………………….
Copy to the concerned.
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Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
Form No.52
[ See Rule 60 ]
Report regarding Waqf institutions under the direct management of the Board
under Section 65 of the Waqf Act.
1.
Name of the Waqf Institution:
2.
Details of Registration of institution under Section 37:
3.
Order No. & date of taking the institution under direct management:
4.
Name of the Official/person appointed as Administration of Waqf institution.
5.
Income of the Waqf for the preceding year.
6.
Steps taken by the Administrator to improve the income of Waqf.
7.
Period for which the Waqf is under the direct management and reasons for not
entrusting the Waqf to the Mutawalli/Managing committee during the year.
8.
Details of immoveable property and the income there from.
(a) Location all of the immovable properties-
(b) Area of the individual properties of Waqf-
(c) Market value of each of the immovable property-
(d) Market value and rent in the adjoining premises-
(e) The present collection of rent of each premises and its rate-
(f)
Total monthly income from each Waqf property-
(g) Annual total income of the Waqf Estate-
9.
The object of the Waqf Estate as per Waqfnama/practice.
10.
The religious practices / rituals performed by appointed Administrator.
11.
The balance sheet to be attached –
12.
The Bank statement of the Account be attached.
13.
Details of project intended after taking the institution under direct management.
14.
No of Resolutions made after taking the institution under the direct management.
15.
Details of collection of arrears by way of rents/lease amount etc.
16.
Details of Waqf contribution paid.
17.
Recommendation of the Board to the State Government regarding continuance
under direct management.
i)
ii)
iii)
iv)
18.
Copies of order sanctioning expenditure by the District Welfare Officer- cum-Waqf
Nodel Officer of the District / any other official duly authorized by the Board be
attached.
Chief Executive Officer.
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Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
Form No.53
[ See Rule 61 (2) ]
SHOW CAUSE NOTICE
(Show Cause Notice under Section 67 (2) of the Waqf Act for superseding a
Committee of Waqf)
Whereas, a Committee for supervision/management of (Waqf institution)…………...
…………...…………... constituted under Sec 67 (1) of the Waqf Act, for a term of
………………period by the said Waqf on ...................... It is now brought to the notice of the
Board that the Committee so constituted is not performing/managing the affairs in the
interest of Waqf for the reasons given below:-
i)
ii)
iii)
iv)
v)
Now therefore by virtue of the powers conferred with the Jharkhand State Waqf
Board under Sub Section(2) of Section67 of the Waqf Act, you are called upon to explain
within one month from the date of issue of this Notice as to why an order of suppression of
the Committee should not be passed. If no reply is received from you within the stipulated
time, then the Board will proceed to pass an order under Sub Sec (2) of Section 67 of the
Waqf Act.
By Order of the Board
Chief Executive Officer
To:
The Secretary/President,
Managing Committee
……………………………….
……………………………….
Copy to the Chairman, Dist. Auqaf Committee, …………………….
The concerned.
Note: Reasons shown above shall be the complaints and written objections about the
same, observation of mis-management and misuse of funds in audit report or observations
of mismanagement and misuse during the course of inspection etc., shall be indicated
specifically)
92
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
Form No.54
[ See Rule 61 (3) ]
SHOW CAUSE NOTICE
Show Cause Notice to be issued to a Member for his removal from a committee
under Section 67 (6) of the Waqf Act.
Whereas Janab……………………………S/o ................................. was appointed as a
Member of the Managing Committee of (Waqf institution) ……………………………by the
Board under Section 67 (1) of the Waqf Act on …………………………… Whereas, now
there is sufficient evidence that Janab ............................................ Member of the above said
committee has abused his position in such manner or has knowingly acted in a manner
prejudicial to the interests of the Waqf for the following reasons:-
i)
ii)
iii)
iv)
v)
Therefore, by virtue of powers conferred with the Jharkhand State Waqf
Board under Sub Sec (6) of Section 67 of the Waqf Act, Janab……………...is hereby called
upon to show cause within seven days from the date of service of this Notice as to why an
order should not be passed for your removal from the membership of the above said
committee. If no reply is received, the Board shall proceed in accordance with law.
By Order of the Board
Chief Executive Officer
To:
Janab………………………
Member, Managing Committee
……………………………….
……………………………….
Copy to the Chairman, Dist. Auqaf Committee, …………………….
the concerned.
Note: contents be taken from complaints, report of mis-conduct of the member in the
meetings of the managing committee, report from the Mutawalli/Secretary of the committee
duly verified shall be indicated specifically)
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Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
Form No.55
[ See Rule 62 (1) ]
NOTICE
(Notice under Section 69 of the Waqf Act to the Mutawalli/Managing Committee or
the applicant to adopt the Scheme of Administration approved by the Board for proper
administration of Waqf).
Whereas, the Jharkhand State Waqf Board is satisfied by its own motion/as per the
application made by not less than five persons interested in
(Waqf institution) that it is necessary/desirable to frame the Scheme of
Administration for the proper administration of the Waqf under Section 69(1) of the Waqf
Act.
Whereas, a Scheme of Administration is to be formed for
(Waqf
institution) and whereas, in view of para (1) above, the Mutawalli/Secretary of Managing
Committee of (Waqf institution) ………………………………………………..is required to
propose to prepare Scheme of Administration with reference to Mansha-e-Waqif of
………………………..(Waqf institution).
It is hereby notified that the Mutawalli/applicant shall prepare and submit the said
Scheme of Administration with reference to Mandate/Mansha-e-Waqif within thirty days
from the date of receipt of this Notice.
The Mutawalli is directed to furnish the copy of resolution of the Managing
Committee/General Body.
Chief Executive Officer,
To
The Mutawalli/Applicant
of Managing Committee,
……………………………….
………………………………
Copy to the Chairman, Dist. Auqaf Committee, .................................. the concerned.
94
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
Form No.56
[See Rule 63(3)]
APPLICATION FOR GRANT OF LEASE
(in pursuance to the inviting of offers/bids)
To
The Mutawalli
The ……………………………...
……………………………………
1.
Name of applicant :
(With age, fathers name, and :
present profession) :
2.
If the applicant is a Firm, its :
name and constitution :
3.
Address of the applicant :
(complete with Pin Code) :
4.
Purpose for which the :
premises is required :
5.
Details of the property :
(a)
where situated :
(i) village, :
(ii) town, :
(iii) Circle :
(iv) district :
6.
Type of property :
AGRICULTURE/NON-AGRICULTURE :
SHOP/RESIDENTIAL/OFFICE :
OPEN SPACE
7.
Area in Square feet :
8.
Period for which required :
9.
Market value per Sq.ft in the
Jurisdictional Sub-Registrar office
10.
Rent offered:
(a) monthly :
(b) yearly :
11.
Security Deposit * :
RS .......................... (Rupees… :
being equivalent of …….months rent -------------------------
Date
Signature of the applicant.
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Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
Declaration by the Applicant.
I solemnly declare that :
(a)
I shall abide with the decision of the Mutawalli/Jharkhand State Waqf Board
regarding my application;
(b)
If any of the facts and information provided by me are found to be false, the
Mutawalli/Jharkhand State Waqf Board is at liberty to take any action against me
including cancellation of the lease;
(c)
I agree to abide by the terms and condition prescribed under Waqf Property Lease
Rules, 2014;
(d)
I further declare that I will not encumber the property if given on lease and I will
have no right to sub lease, transfer, gift, mortgage or occupy the property leased
beyond the period of lease.
(e)
That if, my occupation continue on the leased premise after the expiry of the lease
period my legal status will be of encroacher and all the procedure of law of
encroacher will be applicable.
(f)
I further declare that I am not a member of the managing committee of the Waqf or
son or daughter, brother, sister or son of a brother and sister of any member of the
managing committee;
(g)
I also agree to the condition that the security deposit is to be returned to me after
the lease has expired or when the lease is terminated by Mutawalli/Board for
whatever reason and that too after I vacate and hand over the vacant possession of
the premises to the Mutawalli;
(h)
I am agreeable to execute any agreement within 15 days of the sanction given by
the Mutawalli/Jharkhand State Waqf Board and pay the stamp duty on the deed and
get the same registered under Jharkhand Registration Act.
Signature of the Applicant
96
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
Form No.57
[See Rule 63(4)]
(For below one year)
LEASE DEED
THIS DEED OF LEASE is made this the ……day of .................... 201
BETWEEN
The ……………………………………………( a Waqf registered with the Jharkhand
State Waqf Board,
),
represented
by
the
Mutawalli/President/Secretary of its managing committee with its Office at
……………………………….. (hereinafter referred to as ‘the Mutawalli’ and which is
hereinafter called the Lessor (which expression shall mean and include its successor in
office, the assigns, administrators, etc., of the ONE PART;
AND
Janab……………………………………………….. son of Janab ………………………
………………………….. residing at ………………, hereinafter called the Lessee (which
expression shall mean and include his permitted legal heirs only) of the OTHER PART;
WHEREAS Lessor is a Waqf registered/Waqf by User with the Jharkhand State
Waqf Board,
(hereinafter referred to as ‘the Board’) and
the immovable property which is the part of one such property, registered in accordance
with the provisions of the Waqf Act which property bears survey number/assessment
number/door number………. situated at………………..morefully described in the schedule
herein below, which portion is referred to hereinafter as the ‘schedule premises’ ;
WHEREAS the Lessor is the Mutawalli of the Waqf, appointed by the Board and by
virtue of which, the said Mutawalli is presently administrating the Waqf;
AND WHEREAS the said Mutawalli is vested with power to grant leases of the
property of Waqf evict the tenants, recover arrears of lease rent, recover damages etc. in
accordance with the provisions of the Waqf Act as amended by the Waqf (Amendment)
Act, 2013 and the Waqf Property Lease Rules, 2014 or any other enactment relating to
leasing of Waqf properties for the time being in force;
AND WHEREAS the market value of the premises is Rs……..…..…..…..
(Rupees ........................................ only) per square feet as per the guidance value declared
by the jurisdictional Sub-Registrar and the lease rent fixed under this deed is not less than
5% of such guidance value;
This is to place on record that the Lessee has given a proposal for lease of
schedule premises, in response to the call made by the Lessor inviting offers and assuring
the Lessor that the Lessee is not a Member of the Managing Committee or the Lessee is
not the spouse, parents, children, brothers, sisters, spouses of brothers & sisters or
children of brothers and sisters of any Member of the Managing Committee and which
proposal having been considered and approved by the Managing Committee of the Lessor
as contemplated in the Waqf Properties Lease Rules, 2014 and abide with the terms and
conditions given below:
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Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
TERMS AND CONDITIONS
1.
That the lease shall be for a period of eleven months commencing from ……………
2.
The lease shall be for the purpose of carrying on the business in ......................... , or
carry on his profession in .......................................... only;
3.
That the Lessee shall pay lease rent of Rs………….. (Rupees………………………
only) per month;
4.
That the Lessee shall pay the said lease rent, without deduction or set off, and
without any notice or demand for the same from the Lessor, on or before the 5th of
the month succeeding the month for which the rent is due and payable, and obtain a
valid receipt;
5.
That the Lessee shall deposit of a sum of Rs.………. (Rupees ……………………….
only) equivalent to months lease rent, as Security Deposit.
6.
That the lessee has undertaken not to create any lien or any encumbrances or
assign or sub-lease, pledge or transfer the lease or create any interest therein or
transfer title interest or mortgage with all or any portion of the leased premises to
others.
7.
That the Lessee undertakes to vacate the premises after expiry of the Lease Period,
if the lease is not renewed by the Lessor.
8.
That the Lessee also undertakes that continuance of the Lessee in the leased
premises beyond the leased period / term will be illegal and the status of the lessee
shall be that of an encroacher as defined in the Waqf Act and all the provisions of
evicting the encroacher shall apply to the Lessee / its heirs / assignees / power
holder.
9.
The Lessee shall obtain necessary permits, trade license for the business or
profession he is carrying on and pay all expenses for such permissions to the
concerned authorities;
10.
The Lessee shall not use the premises for any purpose other than the one for which
the premises is leased; and further agrees that he shall not carry on any business
that is against the Sharia, such as, gambling, sale of lottery or sale of liquor etc;
11.
That the Lessee shall promptly pay all dues, such as electricity, water etc., to the
concerned authorities regularly.
12.
The Lessee shall at all times keep the Lessor indemnified for all dues to
Government/Municipality/Tax authorities and the Lessor shall have a right to
examine such payments;
13.
That the Lessee shall not install or carry out any repairs to the existing installations
without the prior permission of the Lessor, in writing and in the event of such
permission is granted, shall ensure that such installation and repairs shall not
interfere with or cause damage to the electrical or mechanical installations and that
he shall repair or install such works at his cost;
14.
That the Lessee shall not repair or make structural alterations to the schedule
premises without written permission from the Lessor and on such permission being
given shall not claim any cost therefore at the time of vacating the premises;
15.
That the Lessee shall allow the Lessor or his representative to enter the premises at
any hour outside the normal hours of his business for inspection of premises and
Lessor assures that such inspection shall not interfere with Lessee’s use of the
leased premises;
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Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
16.
That the Lessee has agreed that non-payment of lease rent or lease consideration
for three months, consecutively, shall be treated as default resulting in termination
of lease by issuing notice of one month, to Lessee;
17.
That upon expiry of the term of the present lease or termination of the lease, the
Lessee shall immediately surrender possession of the leased premises with all
improvements and additions in the same condition, excepting normal wear and tear
and upon surrender all rights, title and interest of the Lessee in such improvements
or additions shall vest in the Lessor;
18.
It is mutually agreed that any damage due to natural calamity to structure or
installation, the matter shall be referred to the Engineers named by the Lessor;
19.
In the event the assessor’s report that the premises or the installations is damaged
beyond repairs or not possible to restore it within 180 days the lease shall abate in
which event the Lessor or Lessee may opt to terminate the lease from the date of
damage with a notice of fifteen days issued to the other party and where the report
of the assessor that it is possible to repair the structure, the same shall be carried
out by the Lessor at his cost;
20.
That on default of any of the covenants contained in this deed either party shall
issue one month notice of intention, to the other party for termination of the lease;
21.
On such default of conditions or covenants, the Lessor shall at its option (i) be
entitled to full amount of lease rent payable; (ii) forfeit or adjust the sum out of
Security Deposit for all damages done to the structure or installations; (iii) seize and
sell the equipments, goods, etc., available in the premises after obtaining order from
the Tribunal;
22.
The original deed of lease is drawn on stamp paper shall be retained by the Lessor
and a true copy be delivered to the Lessee;
The lease shall expire on the ……..day of ............. 202…
Schedule
All that portion of premises bearing shop/house number ....................... situated
in……………………… measuring ……..feet (E-W) and ………feet (N-S); total area
……………..sq.ft. with fixtures, fittings, electrical and water connections, bounded on the:
East:
West:
North:
South:
IN WITNESS WHEREOF, Lessor and the Lessee above named have signed this
deed on the day, month and year above mentioned, in the presence of witnesses as
follows:
Lessee
Lessor
Witnesses:
1.
2.
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Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
FORM NO. 58
(See Rule No.63(4)
(For over one year)
LEASE DEED
THIS DEED OF LEASE is made this the ……day of .................... 201
BETWEEN
BETWEEN
The ……………………………………………( a Waqf registered with the Jharkhand
State Waqf Board,
), represented by the Mutawalli
/President/Secretary of its managing committee with its Office at
……………………………….. (hereinafter referred to as ‘the Mutawalli’ and which is
hereinafter called the Lessor (which expression shall mean and include its successor in
office, the assigns, administrators, etc., of the ONE PART;
AND
Janab………………………………………………..
son
of
Janab
………………………………………………….. residing at ………………, hereinafter called
the Lessee (which expression shall mean and include his permitted legal heirs only) of the
OTHER PART;
WHEREAS Lessor is a Waqf registered with the Jharkhand State Waqf Board,
/Waqf by User (hereinafter referred to as ‘the Board’) and the
immovable property which is the part of one such property, registered in accordance with
the provisions of the Waqf Act which property bears survey number/assessment 80
number/door number………. situated at………………..morefully described in the schedule
herein below, which portion is referred to hereinafter as the ‘schedule premises’ ;
WHEREAS the Lessor is the Mutawalli of the Waqf, appointed by the Board and by
virtue of which, the said Mutawalli is presently administrating the Waqf;
AND WHEREAS the said Mutawalli is vested with power to grant leases of the
property of Waqf evict the tenants, recover arrears of lease rent, recover damages etc. in
accordance with the provisions of the Waqf Act as amended by the Waqf (Amendment)
Act, 2013 and the Waqf Property Lease Rules, 2014 or any other enactment relating to
leasing of Waqf properties for the time being in force;
AND WHEREAS the market value of the premises is Rs……..
(Rupees .................................................................. only) per square feet as per the guidance
value declared by the jurisdictional Sub-Registrar and the lease rent fixed under this deed
is not less than 5% of such guidance value;
This is to place on record that the Lessee has given a proposal for lease of
schedule premises, in response to the call made by the Lessor inviting bids in the national
dailies and assuring the Lessor that the Lessee is not a Member of the Managing
Committee or the Lessee is not the spouse, parents, children, brothers, sisters, spouses of
brothers & sisters or children of brothers and sisters of any Member of the Managing
Committee and which proposal having been considered and approved by the Managing
Committee of the Lessor was placed before the Board as contemplated in the Waqf
Property Lease Rules, 2014 and the Board having considered the proposal together with
the terms and conditions, conveyed its sanction in letter No.
dated
in favour of the Lessee who is the highest bidder with terms and conditions given herein
below:
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Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
TERMS AND CONDITIONS
1.
That the lease shall be for a period of ….. ( ) years commencing from ....................... ;
2.
That the lease shall be for the purpose of carrying on the business
in………………………., or carry on his profession in .......................................... only;
3.
That the Lessee shall pay lease rent of Rs………. (Rupees…………......only) per
month.
4.
That the Lessee shall increase 5% of existing rent every year and the Lessee shall
pay the said lease rent, without deduction or set off and without any notice or
demand, for the same, from the Lessor, on or before the 5th of the month
succeeding the month for which the rent is due and payable and obtain a valid
receipt;
5.
That the Lessee shall deposit a sum of Rs.…………. (Rupees ……………………….
only) equivalent to …………… months lease rent, as Security Deposit before the
registration of the lease deed;
6.
That the lessee has undertaken not to create any lien or any encumbrances or
assign or sub-lease, pledge or transfer the lease or create any interest therein or
transfer title interest or mortgage with all or any portion of the leased premises to
others;
7.
The Lessee shall obtain necessary permits, trade license for the business or
profession he is carrying on and pay all expenses/charges for such permissions or
License to the concerned authorities;
8.
The Lessee shall not use the premises for any purpose other than the one for which
the premises is leased and further agrees that he shall not carry on any 81 business
that is against the Sharia such as gambling, sale of lottery or sale of liquor, etc;
9.
That the Lessee shall promptly pay all dues, such as electricity, water etc., to the
concerned authorities regularly;
10.
That the Lessee at all times keep the Lessor indemnified for all dues to
Government/Municipality/Tax Authorities and the Lessor shall have a right to
examine any documents of such payments in the possession of the Lessee;
11.
That the Lessee shall not install or carry out any repairs to the existing installations
without the prior permission of the Lessor, in writing and in the event of such
permission is granted, the Lessee shall ensure that such installation, repairs shall
not interfere with or cause damage to the electrical or mechanical installations and
that he shall repair or install such works at his cost;
12.
That the Lessee shall not repair or make structural alterations to the schedule
premises without written permission from the Lessor and on such permission being
given shall not claim any cost there-for at the time of vacating the premises;
13.
That the Lessee shall allow the Lessor or his representative to enter the premises at
any hour outside the normal hours of his business for inspection of premises; and
Lessor assures that such inspection shall not interfere with Lessee’s use of the
leased premises;
14.
That the Lessee has agreed that non-payment of lease rent or lease consideration
for three months, consecutively, shall be treated as default resulting in termination
of lease by issuing notice of one month, to Lessee by the Lessor;
15.
That upon expiry of the term of the present lease, or termination of the lease, the
Lessee shall immediately surrender possession of the leased premises with all
improvements and additions in the same condition, excepting normal wear and tear
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Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
and upon surrender all rights, title and interest of the Lessee in such improvements
or additions shall vest in the Lessor;
16.
It is mutually agreed that any damage due to natural calamity to structure or
installation, the matter shall be referred to the Engineers named by the Lessor;
17.
In the event the assessors report that the premises or the installations is damaged
beyond repairs or not possible to restore it within 180 days the lease shall abate in
which event the Lessor or Lessee may opt to terminate the lease from the date of
damage with a notice of fifteen days issued to the other party and where the report
of the assessor that it is possible to repair the structure the same shall be carried
out by the Lessor at his cost;
18.
That on default of any of the covenants contained in this deed either party shall
issue one month notice of intention, to the other party for termination of the lease;
19.
On such default of conditions or covenants, the Lessor shall at its option (i) be
entitled to full amount of lease rent payable; (ii) forfeit or adjust the sum out of
security deposit for all damages done to the structure or installations (iii) seize and
sell the equipments, goods, etc., available in the premises after obtaining order from
the Tribunal;
20.
That the Lessee undertakes to vacate the premises after expiry of the Lease Period.
21.
That the Lessee also undertakes that continuance of the Lessee in the leased
premises beyond the leased period / term will be illegal and the status of the lessee
shall be that of an encroacher as defined in the Waqf Act and all the provisions of
evicting the encroacher shall apply to the Lessee / its heirs / assignees / power
holder.
22.
The stamp duty and registration charges on this deed shall be paid by the Lessee;
23.
The original deed of lease is drawn on stamp paper shall be retained by the Lessor
and a true copy be delivered to the Lessee;
The lease shall expire on the ……..day of ............ 202….
Schedule
All that portion of premises bearing shop/house number ....................... situated
in……………………… measuring ……..feet (E-W) and ………feet (N-S); total area
……………..sq.ft. with fixtures, fittings, electrical and water connections, bounded on the:
East:
West:
North:
South:
IN WITNESS WHEREOF, Lessor and the Lessee above named have signed this
deed on the day, month and year above mentioned, in the presence of witnesses as
follows:
Lessee
Lessor
Witnesses:
1.
2.
102
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
Form No.59
[ See Rule 65(1) ]
See Section 52 of the Waqf Act.
To
The Sub Registrar
………………………..
………………………..
Office of the Chief Executive Officer
Jharkhand State Waqf Board Date:
Sir,
Sub:
Transfer of immovable Waqf Property in contravention of Section 51 of
Waqf Act 1995- issue of certified copies of Deed of Transfer-Reg.
It is learnt/informed that the property shown in the Schedule below and notified as a
Waqf property and registered in the Register of Auqaf under Section 37 of Waqf Act, has
been transferred in contravention of Section 51 of the Waqf Act, without obtaining prior
approval of the Jharkhand State Waqf Board.
S C H E D U L E
SI.
No.
(1) Mouza / Revenue Thana /
Circle Khata No./ Khesra
No.(Old/New)
Circle / Village /
Town
Extent /
Dimension
Boundaries
In order to initiate action as per Section 52 of the Waqf Act and the Rules made
there under certified copies of Transfer Deed and the encumbrance of the property are
required. You are hereby requested to furnish the above documents within 2 days.
Sri…………………………….is authorized to receive the documents cited above
from you in person and his signature is attested below.
Chief Executive Officer
Jharkhand State Waqf Board
Signature Attested by
103
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
Form No.60
[ See Rule 65 (3) ]
NOTICE TO TRANSFEROR
Whereas the properties shown below in the Schedule are registered Waqf
properties which are registered Under Section 36 and 37 of the Waqf Act and that you are
appointed as Mutawalli/Secretary of Managing Committee to supervise and manage the
said immovable properties.
Whereas it is now learnt/informed that these immovable properties has been
transferred by you, without prior permission / sanction of the Waqf Board and thereby there
is violation of Section 51 of the Waqf Act.
S C H E D U L E
SI. No.
(1) Mouza / Revenue Thana /
Circle Khata No./Khesra
No.(Old/New)
Circle /
Village / Town
Extent /
Dimension
Boundaries
You are therefore called upon to explain/produce any documentary evidence for not
having violated the provisions of Section 51 of the Waqf Act within seven (7) days from the
receipt of this notice, failing which the Board shall proceed under Section 52 & 52A of the
Waqf Act for the recovery of this immovable property. The board shall also proceed against
you under Section 61 (2) (b) of the Waqf Act.
To:
…………………………….
…………………………….
…………………………….
Chief Executive Officer/ Authorized Officer
Jharkhand State Waqf Board.
Form No.60 A
[ See Rule 65 (3) ]
NOTICE TO TRANSFEREE/PURCHASER
Whereas the properties shown below in the Schedule are Waqf properties are duly
registered under Section 36 & 37 of the Waqf Act.
Whereas it is learnt/informed that you are in possession of the Scheduled property
of
Waqf
by
way
of
transfer/gift/sale/mortgage/exchange
vide
document
No………………..dated……………….registered in office of Sub-Registrar……………….
SCHEDULE
SI. No.
(1) Mouza / Revenue Thana /
Circle Khata No./Khesra
No.(Old/New)
Circle /
Village /
Town
Extent /
Dimension
Boundaries
Whereas, it is now learnt after due verification that the said transfer is in violation of
the Section 51 & 56 of the Waqf Act. Therefore, you are called upon to explain as to why
action should not be taken to recover the said property under Sections 52 & 52-A of the
Waqf Act within seven (7) days from the date of receipt of this Notice. Failing which further
action will be taken by the Jharkhand State Waqf Board.
To:
…………………………………
…………………………………
Chief Executive Officer,
Jharkhand State Waqf Board.
104
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
Form No.61
[ See Rule 65 (4) ]
Report of alienation of Waqf Property in violation of Section 51 of the Waqf Act.
1.
Name of the Waqf Institution
2.
Registration No. of the Waqf Institution & date
3.
Whether Muzarai Waqf
4.
Name of the Mutawalli/Secretary of Managing Committee with the details of the
Order of appointment etc. and the term.
5.
Name of the Administrator, details of order of appointment etc. with term
6.
Details of all the Waqf properties belonging to Waqf institution.
SI. No.
(1) Mouza /
Revenue Thana /
Circle Khata
No./Khesra
No.(Old/New)
Total Extent.
Boundaries
NSEW
Present
usage.
Income
derived.
7.
Details of Waqf properties transferred in violation of Section 51 of Waqf Act.
8.
Whether the transfer is by Gift/Sale/Exchange/Mortgage
9.
Details of documents of transfer.
Registration
No.
Date of
Registration
Name of
office of
Registration
Name of the
Transferer
Name of the
Transferee
1.
Date of issue of notices to
Transferor……………………………. Transferee………………………………….
2.
Details of objections, if any filed and the date of filing of objections both by
Transferor and Transferee.
10.
Recommendation of the Chief Executive Officer
1.
2.
3.
11.
Recommendation of the Chief Executive Officer under Section 52A of the Waqf Act.
Chief Executive Officer/ Authorized Officer
105
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
Form No.62
[ See Rule 65 (5) ]
Office
of
the
Chief
Executive
Officer
Jharkhand State Waqf Board
Dated :
Requisition to the District Magistrate / Sub Divisional Magistrate of ………………….
District under Section 52 (1) of Waqf Act for recovery of Waqf property transferred in
contravention of Section 51/56 of Waqf Act.
Whereas the immovable property noted in the schedule is a Waqf property entered
in the Register of Jharkhand State Waqf Board.
Whereas under Sub Section (1) of Section 52 of Waqf Act it is confirmed that the
said property is transferred (as per details in the schedule) in contravention of Section
51/56 of the Waqf Act.
Schedule
Name of Waqf
Reg. No. and Date /
Gazete Notification
No. & Date
Details Property
Date of Alienation of
the Waqf
Document No. of
Sub Reg.
Name and address
of the Transferer
Name and address
of the Transferee (s)
Purchaser(s)
Remarks
Village /
Town / City
(1) Mouza /
Revenue Thana
/ Circle
Khata No./
Khesra No.
(Old/New)
Area
1
2
3
4
5
6
7
8
9
10
Now therefore, in exercise of the powers conferred upon the Board under Sub
Section (1) of Section 52 of the Act, the District Magistrate ……………….District is
requested to pass an Order exercising its powers under the Waqf Act and any other law
and also directing the person/persons shown in column (9) of the schedule to deliver the
property to the Board within a period of thirty (30) days from the date of orders of the
District Magistrate.
The said order shall be served in the manner laid down in Sub Section (3) of
Section 52 of the Act.
The District Magistrate / Sub Divisional Magistrate,
, shall obtain
and deliver the possession of property as per Section 55 of the Waqf Act.
A copy of the Order passed by the District Magistrate / Sub Divisional Magistrate
………………………District may be sent to this office, a copy to the Circle Officer of the
Revenue Sub-Division, to the District Auqaf Committee of ........................................ Sub
Division / District and to the concerned Institution.
Chief Executive Officer
106
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
Form No.63
[ See Rule 65 (6) ]
Office of the Chief Executive Officer
Jharkhand State Waqf Board
Dated :
Requisition to the District Magistrate / Sub Divisional Magistrate of .................... Sub
Division / District under Section 52 (1) of Waqf Act for recovery of Waqf property
transferred in contravention of Section 51/56 of Waqf Act.
Whereas the immovable property noted in the schedule is a Waqf property entered
in the Register of Jharkhand State Waqf Board.
Whereas under Sub Section (1) of Section 52 of Waqf Act it is confirmed that the
said property is transferred (as per details in the schedule) in contravention of Section
51/56 of the Waqf Act.
Schedule
Name of Waqf
Reg. No. and Date /
Gazete Notification No. &
Date
Details Property
Date of Alienation of the
Waqf
Document No. of Sub
Reg.
Name and address of the
Transferer
Name and address of the
Transferee (s)
Purchaser(s)
Remarks
Village
/ Town
/ City
(1) Mouza /
Revenue
Thana / Circle
Khata No./
Khesra No.
(Old/New)
Area
1
2
3
4
5
6
7
8
9
10
Now therefore, in exercise of the powers conferred upon the Board under Sub
Section (1) of Section 52 of the Act, the District Magistrate / Sub Divisional Officer
……………….District shall obtain and deliver the possession of property so transferred in
contravention of Section 51 & 56 to the concerned Institution.
Chief Executive Officer
107
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
Form No.64
[ See Rule 66 (1) ]
[Application for purchase of immovable property]
1.
Name of the Waqf Institution:
2.
Registration No. & Date / GN No. & Date
(copy of the same be enclosed)
3.
Name of the Mutawalli/President or Secretary Managing Committee
4.
Date of appointment of the Mutawalli/Managing Committee & term
5.
Details of immoveable property (1) Mouza / Revenue Thana / Circle Khata
No./Khesra No.(Old/New). Extent / Village / Town / City already owned by the
institution Khanasumari No. Area
6.
Total annual income of the Waqf as per audited statement of accounts for the past
three years
7.
Details of property proposed to be acquired by the Waqf
i)
Mouza / Revenue Thana / Circle Khata No./Khesra No.(Old/New)
ii)
Extent/Dimension
iii)
Name of the Seller
iv)
Details of buildings/ structures on the property (in the case of Urban
property)
v)
Wet/Dry land (in case of Agricultural land)
vi)
Value as per sale statistic-of the Sub-Registrar for the past five years.
vii)
Market value of the proposed property to be purchased
viii)
Consideration for the settlement is made
ix)
Litigation, if any on the said property for purchase
x)
Purpose for which the said immoveable property is acquired. Enclosure to
the application:
a)
Registration Certificate/Gazette Notification of the Waqf Institution
b)
Khata of the property to be purchased
c)
Declaration
d)
Previous Sale Deed
e)
No objection from the Seller
f)
Resolution of the Managing Committee to purchase property
g)
Statement of accounts of the previous year
h)
Encumbrance Certificate of the property
DECLARATION
Signature of the Secretary/
Mutawalli/, ManagingCommittee
I, ……………………………Mutawalli/Secretary of the Managing Committee of
…………………………………hereby declare that the above information furnished is true to
the best of my knowledge.
I also declare that the proposed acquisition of the immoveable property is for a
bonafide purpose to develop the Waqf institution to increase its income generating
capacity.
If any of the above statement is found to be false, then I am liable to be prosecuted
under Section 61 (2) (b) of the Waqf Act.
Signature of the Secretary/ Mutawalli, Managing Committee
………………………………………… ………………………………………..
108
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
Form No.65
[ See Rule 66 (2) ]
Notification regarding the acquisition of immoveable property
by a Waqf under Sec 53 of the Waqf Act.
Whereas, the Mutawalli/Secretary of …………………………………………………….
………………………………… has submitted an application dated ...................... for acquiring
the immoveable property noted in the schedule below, out of its own funds under Section
53 of the Act and sub rule (1) of Rule 56 of Jharkhand Waqf Rules, 2024.
SCHEDULE
Name of
the Waqf
Details of immovable property proposed for purchase
Amount
proposed
for
purchase
Village /
Town / City
(1) Mouza /
Revenue
Thana / Circle
Khata No./
Khesra No.
(Old/New)
Extent /
Dimension
Boundaries
NSEW
1
2
3
4
5
6
Now, therefore in exercise of the powers conferred under Section 53, it is informed
to the general public and any person interested in this Waqf to file objections/suggestion, if
any, in respect of the said transaction to the Board within ten days from the date of
publication of this Notification. The Objections/suggestions if any, shall be addressed to the
Chief Executive Officer of the Jharkhand State Waqf Board.
Dated:
Chief Executive Officer,
Jharkhand State Waqf
Board of Aquaf.
109
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
Form No.66
[ See Rule 67 (1) ]
N O T I C E
Notice to Encroachers under Section 54 of the Waqf Act regarding encroachment of
land/building/space/other properties on Waqf property belonging to …………………………
Whereas a complaint is received/it is informed to the Board/it is learnt that you have
encroached………………………
extent/dimension
of
land/building/space/property
belonging to ……………………………….(Waqf institution) more fully described in the
schedule below which is a registered Waqf property.
Therefore, you are hereby called upon to furnish your explanation within 15 days
from the date of service of this notice. Failing which further action will be initiated in
accordance with the provisions of the Waqf Act and Rules made there under.
Schedule
1.
Name of the Waqf Institution
2.
Name of the Encroacher
3.
Property No.
4.
Total extent of property encroached
5.
Boundaries of the encroached property:
North
South
East
West
Chief Executive Officer/Authorized Officer.
To
………...........................
……………………………..
(Name & Address of encroacher)
Copy to the Mutawalli/Secretary of ............................................................ (Waqf institution) for
information.
110
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
Form No. 67
[ See Rule 68(1) ]
No.
Date:
From
The Chief Executive Officer,
Jharkhand State Waqf Board,
.
To
The Sub-Divisional Magistrate/
Executive Magistrate of
Sir,
Sub:
Removal of encroachment of Waqf property. Enforcement of Orders made
under Section 54(5) of Waqf (Amendment) Act, 2013.
Ref:
Order of the Jharkhand State Waqf Tribunal bearing No.
.
Dated
Whereas, the order referred to above was served upon the below mentioned
encroacher to evict him from the encroached property mentioned hereunder. The Officer
authorized by this office has made efforts to take possession of the Waqf property. The
Encroacher did not hand over the possession.
SI. No.
Name of
the Waqf
institution
Name and
address of
the
encroacher
Name of
the Town
/ Village
where the
property
is
situated.
(1) Mouza /
Revenue
Thana /
Circle Khata
No./Khesra
No.(Old/New)
Extent in
acres /
sq. ft.
Boundaries
1
2
3
4
5
6
7
In pursuance of Section 55 of Waqf (Amendment) Act, 2013, I refer the order of the
Tribunal (copy enclosed) to you as the aforesaid property is within the limits of your
jurisdiction with a request to remove the encroachment or, as the case may be vacate the
land, building, space or other property and to deliver possession thereof to the concerned
Mutawalli. For this purpose, you may take such police assistance as may be necessary.
Action taken may be reported to this office at the earliest.
Yours faithfully,
Chief Executive Officer,
Jharkhand State Waqf Board.
Copy to:
1.
The Waqf Officer, District Auqaf Committee,
District, for necessary
action.
2.
The Mutawalli of the concerned Waqf institution to take over the possession.
111
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
Form No.68
[ See Rule 68(2) ]
Proceedings of the Executive Magistrate…………………………………………
Sub: Removal of encroachment under Section 55 of the Waqf Act on immovable
property
belonging
to…………………………………
(Waqf
institution)-
regarding.
Whereas, the Chief Executive Officer, Jharkhand State Waqf Board, has made an
application
to
the
Executive
Magistrate,………………………….
for
removing
the
encroachment from the immoveable Waqf property shown in the schedule to this order
belonging to ................................... (Waqf institution).
Whereas the Waqf Tribunal by virtue of powers conferred under Sub–Section(4) of
Section 54 of the Waqf Act has passed an order against the encroacher directing to remove
the said encroachment and to deliver the possession of
the
same
to
the
Mutawalli/Managing Committee of
institution.
Whereas, the encroacher……………………………….has failed to comply with the
said order, and hence the Chief Executive Officer has made an application under Section
55 of the Waqf Act.
Now, therefore, by virtue of the powers conferred under Section 55 of the Waqf Act,
the following order is issued:
ORDER NO.
DATED:
I, ……………………………………….. Executive Magistrate…………. District, after
careful consideration of the application of the Chief Executive Officer of the Jharkhand State
Waqf Board under Section 55 of the Waqf Act and also after having perused the orders
under Section 54 (4) of the Act, hereby order for removal of encroachment and to evict the
encroacher Sri …………………… S/o. …………… from the Waqf property shown in the
schedule to this order, within eight days from the receipt of this order and deliver possession
of the said property to Sri ……………………………………
Mutawalli/Secretary of ........................................ (Waqf institution).
112
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
Schedule
SI. No.
Name of Waqf
Name of the Mutawalli /
Secretary of Managing
Committee
Name & Address of
Details of encroachment
Remarks
District
Town
Circle
Village
(1) Mouza / Revenue
Thana / Circle Khata
No./Khesra No.(Old/New)
Extent Encroached
Boundaries NSEW
1
2
3
4
5
6
7
8
9
10
11
12
In default of the above order, removal of the encroachment and eviction of the
encroacher will be taken up with police assistance as may be necessary for the purpose.
Pronounced this day……………………………….
Court Seal
(Executive Magistrate)
To:
Shri………………………………..
……………………………………..
……………………………………..
(encroacher)
Copy submitted to the Chief Executive Officer, Jharkhand State Waqf Board,
.
1.
The District Magistrate, ………………………….
2.
The Sub Divisional Officer, ………………………
3.
The Mutawalli/Secretary, Managing Committee…………………….
113
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
Form No.69
[ See Rule 70]
APPLICATION
(Application for an inquiry relating to the administration of
Waqf under Section 70 of the Waqf Act)
1.
Name & address of the applicant:
2.
Age
3.
Name of the Waqf against which allegation is made
4.
Nature and interest of the applicant in the Waqf.
5.
Details of allegations:
i)
ii)
iii)
iv)
v)
6.
Details of documents enclosed in support of allegations:
i)
ii)
iii)
iv)
v)
7.
Name & address of the Mutawalli/President/Secretary & Members of the Managing
Committee against whom allegations are made
8.
If the allegation pertains to misuse of immoveable property, details of such property
be furnished as under:-
i)
Mouza / Revenue Thana / Circle / Khata No./Khesra No.(Old/New)
ii)
Khata extract/Record of Rights
iii)
Details of sale agreement/Registered documents if any:
iv)
Name & address of the purchaser/lessee/mortgage of the property
v)
Amount received during the transaction:
9.
Details of fee paid with D.D.No.] & Receipt No. (to be enclosed)
10.
Whether affidavit on a non-judicial stamp paper is enclosed.
Place:
Date:
Signature of the applicant
Mobile No.
DECLARATION
I, …………………………………….. hereby declare that that information furnished
above, is true to the best of my knowledge, belief and shall be available to furnish any
documents/depositions when called upon to do so.
Signature of the applicant
114
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
PROFORMA OF AFFIDAVIT
I, ………………………………………… S/o.......................................................... aged
about …………………………….. years, residing at ………………………… do hereby
solemnly affirm and declare on oath as under:
a)
That I have filed an application under Section 70 of the Waqf Act in the prescribed
form for instituting an inquiry relating to the administration of the …………………….
(Waqf Institution)
b)
That I am a citizen of India and I have interest in the said Waqf by virtue of I being a
Muslim/resident
of
the
area/ordinary
member
of
the
above
Waqf/office
bearer/member of the Managing Committee/Mutawalli of the above said institution.
c)
That the allegation made in the application are in the best interest of the Waqf
institution and I am fully aware of the facts given in the application.
d)
That I have fully gone through the provisions of the Waqf Act 1995 and the Scheme
of administration of ........................................................................... (Waqf intuition)
e)
That the allegations made by me relates to violation under the provisions of the
Waqf Act.
DEPONENT
WITNESSES:
1.
2.
“Sworn before me”
(Affidavit should be sworn to before the 1st Class Executive Magistrate/Notary
on a non-judicial Stamp paper)
115
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
Form No.70
[ See Rule 71 (1)]
N O T I C E
(Notice to a Waqf regarding the allegation made under Section 70 of the Waqf Act)
Whereas an application under Section70 of the Waqf Act is filed by Janab ………….
residing at No. ………………………………………………………………………………………
making allegations against the Waqf ……………………………………………………...
…………………………………
……………………………………………………………………
Enclosed is a copy of the application filed under Rule 68 of Jharkhand Waqf Rules,
2024. You are hereby directed to furnish your reply to the said allegations alongwith the
required documents within seven days from the date of receipt of this Notice.
If you fail to furnish your reply within the stipulated time, it will be presumed that you
have no explanation on the above allegations and allegations made in the said application
will be accepted and the Board shall proceed to hold an inquiry under Section 71 of the
Waqf Act.
Chief Executive Officer
To
Copy to the concerned.
Form No.71
[ See Rule 71 (5) ]
Summons for Appearance or for Production of Documents
To
Sri ……………………………………….. Son of ............................................. residing at
……………………………….. (address)
Whereas for the purpose of an inquiry into ………………….. (here specify the
subject of the inquiry) your attendance is considered necessary to examine as a party to
give evidence/as a witness/to produce documents. You are hereby summoned to appear in
person before the undersigned in his office on ………………….. (here specify time and
date) for the; purpose of giving evidence/to produce the document specified in the margin
or for both.
Given under my hand this day of ……………………..
Signature Designation
116
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
Form No.72
[ See Rule 72 ]
Annual Budget Estimate of Waqf for 20
20
A B S T R A C T
Actual for
Sanctioned
Revised estimate for current year
Total Budget
20
20
estimate for
Actuals for 08
Probable
Estimate for
Current year
months
expenditure for 4
year 20
20
20
20
months
Opening Balance
Total
Receipts (statement I)
Total
Expenditure (statement II)
Total
Closing Balance
Total
Statement I (Receipts)
SI. No.
Particulars
Actuals
for
previous
Actuals
for year of
report
Revised
Budget for the
current year
Budget
Estimate for
ensuing year
Remarks
1.
Opening Balance
2.
Cash at Bank
3.
On hand (Cash, Cheque & D.D.)
4.
Income from Rentals:
a.
Residential buildings
b.
Office complex’s
c.
Shops
d.
Schools
e.
Shadi Mahal
f.
Others
Total:
5.
Security Deposits
6.
Income from Hundi
7.
Income from Agriculture Land:
a.
Sale of Agricultural Crops
b.
Sale of usufructs of trees (income from fasal)
c.
Sale of trees
d.
Annuity
e.
Tasdik Allowance
f.
Cash Grants Total:
117
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
8.
A)
Miscellaneous receipts:
a.
Nazar/Presents
b.
Subscription fee
c.
Meelad/Raman Donation
d.
Nikah fee
e.
Skin
f.
Golak collections
g.
Others Total:
8.
B)
Receipts from:
a.
Grant-in-aid
b.
Loan recovered
c.
Salary & Festival advance recovered
d.
Interest from Bank
e.
Loan from Central Waqf Council, New-Delhi
f.
Fixed Deposit Receipts
g.
Royalty/E.M.D
h.
Others
Total:
9.
Any other receipts
Grand Total :
Statement II (Expenditure)
SI. No.
Particulars
Actuals
for
previous
Actuals
for year
of report
Revised
Budget for the
current year
Budget
Estimate for
ensuing year
Remarks
1.
General Administration
2.
Salaries
3.
T.A.
4.
Office Expenses:
(i)
Purchase of furniture
(ii)
Purchase of stationery & forms:
a)
Printing of Receipts
b)
Printing/Purchase of Books of Accounts
(iii)
Postal Charges/Courier Charges
(iv)
Telephone Charges
(v)
Water Charges
(vi)
Electrical Charges
(vii)
Internet Expenses
(viii)
Purchase of Vessels
(ix)
Purchase of Machinery & Electrical Items
(x)
Repairs & Annual maintenance expenses
(xi)
Meeting Expenses
Total:
5.
Legal Expenses
6.
Audit Expenses
7.
Corporation/Municipal/Land Tax
8.
Waqf contribution of Board
9.
Others
Total :
118
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
II
Capital Expenditure
(i)
Construction Expenses
(ii)
Repairs, renovation & maintenance expenses
(iii)
Repayment of Loan/Advances
(iv)
Security deposit
(v)
Building License/Plan Fee
(vi)
Royalty
(vii)
E.M.D.
(viii)
Others
Total:
III
Charitable Expenses
(i)
Scholarship/Freeship
(ii)
Medical Expenses
(iii)
Marriage Expenses
(iv)
Other expenses
Total :
IV
Festival Expenses
(i)
Meelad
(ii)
Shab-e-Meraj
(iii)
Shab-e-Qadar
(iv)
Shab-e-Barat
(v)
Idgah/Mosque/Dargah expenses
(vi)
Urs
Total:
V
Miscellaneous Expenses
(i)
(ii)
Total:
Grand Total:
Form No.73
[ See Rule 73 (3) ]
LIST OF AUQAF
List of Auqaf under direct management as on
for preparation of
Budget under Section 45.
SI. No.
Name of Waqf
Name of the
Administrator
Order No. date period
of direct management.
Dated:
Chief Executive Officer
Jharkhand State Waqf Board
119
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
Form No.74
[ See Rule 73 (4) ]
From:
The Chief Executive Officer,
Jharkhand State Waqf Board,
.
To
Sir,
Sub:
Preparation of Budget proposals by Waqfs under direct management.
The
Waqf is under direct management of the Jharkhand
State Waqf Board under Section 65 as per Order No.
dated
for a period of
.
As per Section 45 of Waqf Act, the Budget of the above institution needs to be
placed before the Board. Therefore you are requested to prepare and furnish the Budget
covering the estimated receipts and expenditure in the Form No.72 under Rule 72 with a
statement giving details of the increase if any with income of the Waqf and also steps taken
for its better management in Form No.75 under Rule 73.
The Budget prepared shall reach the undersigned by the end of November
(Year).
Dated:
Chief Executive Officer/
Authorized Officer
Jharkhand State Waqf Board
Form No.75
[See Rule 73 (6)]
Statement giving details of increase in the income of Waqf under direct
management.
Name of Waqf
District :
1
2
3
4
5
SI. No.
Details of
income
Order No. date
of taking over
under direct
management
Details of increase in
immovable property after
taking over under direct
management.
Increase in the
income, if any.
1
2
3
4
5
1)
(Details to be furnished
from the Statement I receipts
of Budget)
Dated:
Signature of Administrator
120
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
Form No.76
[See Rule 74 (1) (i) ]
Cash Book Receipts
Date of
Receipt
Receipt
No.
Loans
Golak /
Nazar /
Chadar
Govt.
Grants
Rents
Misc.
Cash
on
hand
Amount
deposited in
Bank
Date
Amount
1
2
3
4
5
6
7
8
9
10
Payments
Particulars of payment
Date of
Payment
Voucher
No.
Waqf
contribution
Salary
T.A.
Office
expenses
Misc.
Payment
made by
cash /
Cheque
/ D.D.
Bank
amount
Cheque
No.
1
2
3
4
5
6
7
8
9
Date:
Signature of the Mutawalli/ Managing Committee
Form No.77
[See Rule 74 (1) (ii) ]
Receipt Book
SI. No.
Date
Particulars
/ Name of
the Party
Receipt
No.
Date
Amount Received
Purpose
Cash
Cheque
D.D.
1
2
3
4
5
6
7
8
9
Date:
Signature of the Mutawalli/ Managing Committee
FORM NO 78
{See Rule 74 (1) (iii)}
REGISTER OF DEMAND, COLLECTION & BALANCE OF WAQF CONTRIBUTION
Name of the Waqf
Net Income fixed
7% Waqf
contribution
Details of Waqf Contribution
payable to Board
Date of payment
Amount paid
(cash, cheque or
DD)
Receipt No. &
Date
Balance (6-8)
Remarks
Arrears
Current
year
Demand
Total Waqf
Contribution
Due
1
2
3
4
5
6
7
8
9
10
11
Date:
Signature of the Mutawalli/ Managing Committee
121
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
Form No.79
[See Rule 74 (1) (iv) ]
Register of Golak Collection
Name of
Waqf
Date of
opening
Golak
Amount
found
Nazar’s
(approximate
cost).
Remittance to the Bank
Remarks
Date
Amount
1
2
3
4
5
6
7
Date:
Signature of the Mutawalli/ Managing Committee
Form No.80
[See Rule 74 (1) (v) ]
Register of collection of rentals for the month of
Details of Collection
SI. No.
Name and address
of the Lessee
Details of property
leased out
Opening Balance
Monthly
Rent
Total Demand Col.
4+5+6
Amount Collected
Balance
Receipt No. & Date
Initials of the
Ledger Clerk /
Secretary
Remarks
Month & Year
Amount
1
2
3
4
5
6
7
8
9
10
11
12
Date:
Signature of the Mutawalli/ Managing Committee
Form No.81
[See Rule 74(1) (vi) ]
Register of Inspection Book
SI. No.
Date of Inspection
Name & Designation of
Inspecting Authority
Observations
made.
Date:
Signature of the Mutawalli/ Managing Committee
122
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
Form No.82
[See Rule 74 (1) (vii) ]
Register of Meetings
SI.
No.
Date
and
Place of
Meeting
No. of Member
No. of
subjects
in the
agenda
No. of
subjects
discussed
No. of
subjects
approved
No. of
subjects
deferred
Remarks
Present
Absent
1
2
3
4
5
6
7
8
9
Date:
Signature of the Mutawalli/ Managing Committee
Form No.83
[See Rule 74 (1) (viii) ]
Register of Minutes
SI. No.
Subject
Date of Meeting
Resolution passed.
Date:
Signature of the Mutawalli/ Managing Committee
Form No.84
[See Rule 74(1) (ix) ]
Register of Loans
SI. NO.
Purpose of Loan
Sanctioning authority /
No. & Date of order
Date of Receipt of loan
Amount of Loan
Rate of interest
No. of Installments in
which loan is to be
repaid.
Amount of each
Installment
Details of payment
Remarks
Installment
No.
Amount
1
2
3
4
5
6
7
8
9
10
11
Dated:
Signature of the Mutawalli/ Managing Committee
123
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
Form No.85
[See Rule 74 (1)(x) ]
Register of Grants
SI. No.
Purpose
of Grant
Sanctioning
authority /
No. & Date
of Order.
Date of
receipt of
Grant.
Amount
of Grant
Date of
submission of
utilization
certificate
Remarks
1
2
3
4
5
6
7
Dated:
Signature of the Mutawalli/ Managing Committee
Form No.86
[See Rule 74 (1) (xi) ]
Register of Security Deposits Details of Deposits
SI. No.
Security
Deposits
obtained
from
Purpose
of
security
deposit
Amount
of
security
deposit.
Date of
receipt
Date of
refund
Deposit held
in Account
No.
1
2
3
4
5
6
7
Dated:
Signature of the Mutawalli/ Managing Committee
Form No.86(A)
[See Rule 74 (1) (xi)]
REGISTER OF INTEREST ACCRUED ON TERM DEPOSITS AND OTHERS IN THE
BANK ACCOUNTS OF WAQF
SI. No.
Name of
the Bank
Account
No.
TDR No.
Interest
accrued
Amount
utilized
for
destitute
Balance
Signature of the Mutawalli /
President/Secretary of Waqf institution.
124
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
Form No.87
[See Rule 74 (1) (xii)]
Register of Investments/Term Deposits Details of Investments/Term Deposits
SI.
No.
Organization
with which
investment is
made
Nature of
investment
Amount
invested.
Date of
investment
Period of
investment
Due
date of
maturity
Amount
on
maturity
Remarks
1
2
3
4
5
6
7
8
9
Dated:
Signature of the Mutawalli/ Managing Committee
Form No.88
[See Rule 74 (1) (xiii) ]
Register of Litigation (Details of cases)
SI.
No.
Name
of
Court
Date
of the
case
filed
Case
No.
Name of the
petitioners /
Respondent
Provision
under
which
filed.
Name of
the
Advocate
Legal
Fees
paid
Stage of
the case.
1
2
3
4
5
6
7
8
9
Date:
Signature of the Mutawalli/ Managing Committee
Form No.89
[ See Rule 74 (1) (xiv) ]
Register of Stock & utilization
SI.
No.
Invoice /
Bill No.
Date
Name
of the
Firm
Details of
the articles
purchased.
Quantity
Cost
Quality
Utilized
Balance
Remarks
1
2
3
4
5
6
7
8
9
Dated:
Signature of the Mutawalli/ Managing Committee
125
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
Form No.90
[ See Rule 74 (2) ]
Statement of Accounts for the year 20
20
SI. No.
Particulars
Rs.
1)
Opening Balance:
a)
Amount in Bank………….
b)
Cash on hand
2)
Income from Rentals:
I.
a]
Buildings
b]
Shops
c]
Schools
d]
Shadi Mahal
e]
Others
II
a]
Security Deposits
3)
Income from Agriculture
a)
Sale of Agriculture Produce
b)
Sale of usufructs of Trees
c)
Sale of Trees
d)
Annuity
e)
Tasdiq Allowance
f)
Cash Grants
g)
Others
4)
Income from any other sources:
a)
Subscription Fee
b)
Donations
c)
Nikah Fee
d)
Golak Collection
e)
Nazar/Presents
f)
Skin
g)
Others
5)
Miscellaneous Receipts :
a)
Grant-in-Aid
b)
Recovery of Loan
c)
Recovery of Festival Advance
d)
Interest from Bank
e)
Loan from C.W.C./S.W.C/NAWADCO
f)
Fixed Deposit
g)
Other receipts
Total
Expenditure
SI. No.
Particulars
Rs.
I
General Administration :
1)
Salaries
2)
Travelling Allowance
3)
Office Expenses:
i)
Purchase of Furniture
ii)
Purchase of Stationery/Forms/etc.
4)
Printing charges
126
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
5)
Postal charges
6)
Telephone charges
7)
Water charges
8)
Electrical charges
9)
Meeting expenses
10)
Legal expenses
11)
Audit expenses
12)
Corporation/Municipal/Land Tax
13)
Waqf contribution to Board
14)
Other expenditure
II
Capital Expenditure :
1)
Construction expenses
2)
Repayment of Loan/Advances
3)
Repayment of Security Deposits
4)
Building License/Plan fee
5)
Royalty
6)
Refund of E M D
III
Charitable Expenditure :
1)
Scholarship
2)
Medical Expenses
3)
Marriage Expenses
IV
Festival Expenditure :
1)
Meelad
2)
Shab-e-Mairaj
3)
Shab-e-Barat
4)
Shab-e-Qader
5)
Mosque/Idgah/Dargah expenses
6)
Urs 105
V
Miscellaneous Expenditure :
1)
2)
3)
4)
Total
VI
Closing Balance
Name & Signature of the
Mutawalli / President / Secretary
127
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
Form No.91
[ See Rule 74 (3) ]
NOTICE
Notice under Section 46 and Rule 51(3) to the Mutawalli/Managing Committee of a
Waqf for non Submission of statement of accounts for the year
.
The statement of accounts of a Waqf should be furnished to the Jharkhand State
Waqf Board before 1st of May for the year--------------------- under Section 46(2) of the
Waqf Act. It is noticed that you Janab----------------------------------------
Mutawalli/President/Secretary of--------------------------------Waqf has failed to furnish the
statement of accounts for the year---------------------------- before 1st of May
.
You are therefore hereby directed to furnish the same within seven days from the
date of receipt of this notice and also furnish your explanation as to why action should not
be initiated against you to impose a penalty under Section 61 of the Waqf Act. If you fail to
furnish the said statement of accounts alongwith your explanation for non-Submission, the
Board will proceed in accordance with law.
Chief Executive Officer/ Authorized Officer
To,
Janab-
Mutawalli/President/Secretary
(name of the Waqf instn.)
128
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
Form No.92
[ See Rule 75 (3)(c) ]
Report of Internal Audit of Waqf
1.
Name of the Waqf :
2.
Name of the Mutawalli/President/ :
Secretary of Managing Committee. :
3.
If the Waqf is under Direct :
Management Order No. date and
name of the Administrator.
category under Sub Rule (1) of Rule 52
4.
Date of previous Audit :
5.
Date of Present Audit :
6.
Names of Audit Officer.
7.
Action taken on previous audit report
a)
Total No. of paras observed
b)
No. of paras for which compliance :
furnished
c)
No. of paras dropped :
d)
No. of paras for which compliance :
is due
e)
Total Amount ordered for recovery :
in the Audit
f)
Amount Recovered, Balance & reasons :
for non-recovery of balance.
8.
Whether statement of account is furnished :
under Sub–Rule 2 of Rule 51, if Submitted,
when (date of Submission) ?
9.
Whether Budget is furnished and approved :
by the Board.
10.
Whether registers prescribed under Sub-Rule 1
of Rule 51 are maintained (separate paras
regarding verification and observations
be recorded)
11.
Whether 7% Waqf contribution is assessed and
paid in accordance with Rules.
12.
If Loans are availed, whether there is :
repayment of such loans.
13.
(a)
Whether amount due to the Waqf are :
recovered in time?
(b)
Balance to be collected :
(c)
Balance due and the period of such dues :
(to be enclosed in each case)
14.
Details of violations and action initiated under Section 51, :
52, 53, 54, 56 etc.
15.
Whether any grants are released?
If so the details :
16.
Whether these grants are utilized properly? :
17.
Is there any property which :
can be developed commercially.
A brief note on the proposal for Development.
18.
Any other observation :
Dated:
Name & Signature of the Auditor
129
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
Form No.93
[ See Rule 75 (4) ]
Annual programme of audit of Waqf institutions for the year------------------------of----------------
-
District.
(A)
List of Auqaf with net annual income of above one lakh (to be audited every year)
SI. No.
Name of
the Waqf
Name of the
Mutawalli /
Secretary of
the Waqf
Approximate
Annual
income.
Year of
last
audit.
Date of
current
audit.
Name of
the
Auditor.
Chief Executive Officer
(B)
List of Auqaf with net annual income above Rs.50,000/-and below one lakh (to
be audited once in three years)
SI. No.
Name of
the Waqf
Name of
Mutawalli /
Secretary of
the Waqf
Approximate
Annual
income
Year of
last
audit.
Date of
current
audit.
Name of
the
Auditor
1.
2.
3.
Chief Executive Officer
Form No.94
[ See Rule 75 (6) ]
NOTICE
Notice to Mutawalli/Secretary of a Waqf institution intimating in advance the
programme of audit of the Waqf for the year ----------------- --.
The audit of every Waqf is to be conducted u/s 47 of Waqf Act and Rule 52 of
Jharkhand Waqf Rules, 2024.
The annual programme of audit for the year ----------------is finalized and published
by the Jharkhand State Waqf Board under Rule 52. As per this annual programme the audit
of --------- --------Waqf will be conducted by--------------on -------------date. Your are therefore
hereby directed to produce all the relevant records for the smooth conduct of audit.
Chief Executive Officer/ Authorized Officer
To,
Janab-
Mutawalli/Secretary
(name of the Waqf)
Note: If you fail to comply with the above instructions action under Section 61 shall be
initiated against you and you may be punished with imprisonment for a term of upto
six months and also fine upto Rs.15,000/-
(To be issued 15 days in advance before the date of audit.)
130
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
Form No.95
[ See Rule 76 ]
NOTICE
Notice to the Mutawalli/Managing Committee of-------------------------Waqf for taking
action under Sub-Section (1) of Section 48.
Whereas the Jharkhand State Waqf Board as per the annual programme of audit
under Rule 52 had taken up the audit of ---------------------Waqf on --------------------
date. The auditor has submitted his report under Section 47 (2) of the Waqf Act which
reveals that the following grave acts of omissions/commissions/misuse of
Waqf
property/Waqf fund/falsification of records are reported.
1.
2.
3.
Now therefore the Jharkhand State Waqf Board has to pass an order on the report
of auditor under Section 48(1) of Waqf Act, for the recovery of the amount certified by the
auditor under Section 47(2). You are therefore called upon to explain as to why such an
order should not be passed against you for the recovery of ------------------
amount (in words and in figures) within seven days from the date of service of this notice. If
no explanation is received within the stipulated time, the Board shall in addition to passing
an order under Section 48 (1) shall also proceed to impose penalty under Section 61 of the
Waqf Act 1995.
By order of the Board
Chief Executive Officer
Note: If you fail to comply the above instructions then action under Section 61 shall be
taken against you and you may be punished with imprisonment for a term of upto
six months and also fine upto Rs.15,000/-.
131
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
Form No.96
[ See Rule 77 (1) ]
Notice of Demand under Section 49 of the Waqf Act, 1995.
N O T I C E
You are hereby required to take notice that a sum of Rs:------------- (Rupees in
words) is due by you as per the report of the Auditor under Section 47 of the Waqf Act/as
modified by an Order of the Board or Tribunal under Section 48 of the Waqf Act/towards
payment of Waqf 109 contribution from ---------------to --------------------and that unless it is
paid to the account of the Board, within sixty days from the date of service of this Notice,
together with a sum of Rs:-------- -----(Rs:--------------------------------------) being the fee
chargeable for this Notice, compulsory proceedings will be taken according to Law for the
recovery of whole amount still due by you as per the Report of the Auditor.
Chief Executive Officer
To,
The Mutawalli/ Secretary of
the Managing Committee,
………………………………………………..
…………………………………………………
Copy to the Chairman/Administrator,, ---------------------- the concerned.
Form No.97
[ See Rule 77 (2) ]
Notice of defaulter under Section 49 of the Waqf Act, 1995.
N O T I C E
Whereas a Demand Notice regarding payment of dues was issued to you under
Section 49 of the Waqf Act and in spite of expiry of time limit of sixty days, you have failed
to remit the amount of Rs:
as per the demand.
(Rs:
)
Therefore, you are hereby called upon to explain within seven days as to why a
Certificate of Recovery of the said amount as arrears of Land Revenue should not be
issued under Section 49 (2) of the Waqf Act, 1995.
Chief Executive Officer
To,
The Mutawalli/
The Secretary of the Managing Committee, ……………………………………
…………………………………….
Copy to the Chairman/Administrator, District Auqaf Committee, ...............the concerned.
132
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
Form No.98
[ See Rule 77 (3) ]
CERTIFICATE OF RECOVERY
It is hereby certified that the person(s)/the Waqf Institution noted in the schedule is
liable to pay Rs. …………………………….. (Rupees .............................................................. )
under Section 34 / Section 49 / Section 72 of the Waqf Act.
The said amount has not been paid inspite of reasonable opportunity being afforded
by serving a Demand Notice No. ……………………. Dated …………… and a defaulter
Notice No. ……………………. dated ……………….. served on the person(s)/Mutawalli of
the Waqf shown in Column 3 of the Schedule on ...................................... (date)
S C H E D U L E
SI. No.
Details of
amount due
of the Waqf
Name of the
person(s) /
Mutawalli of the
Waqf
Address of
the person
Mutawalli
Amount Due
(in Rs.)
1
2
3
4
5
It is therefore requested that the amount of Rs. …………………………..........
(Rupees ............................................................. ) due under Section 34 / Section 49 / Section
72 of the Waqf Act, be recovered as arrears of Land Revenue and remitted to the Chief
Executive Officer, Jharkhand State Waqf Board,
, by a Demand
Draft.
By order of the Board
To:
The District Magistrate, ................................ District.
Chief Executive Officer.
133
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
Form 99
[See Rule 78(1)]
Statement indicating the net annual income of the Waqf and the contribution payable
(to be furnished by 1st July every year)]
1.
Name of the Waqf
2.
The income assessed as per Statement of Accounts under Sub-Rule (2) of Rule 74
in Form No. 90.
3.
Deduction from the income as per Sub Section (1) of Section 75
i)
ii)
iii)
iv)
v)
4.
Net income derived from the Waqf
5.
7% Waqf Contribution payable to the Board.
Signature of the Mutawalli/ Secretary of the Managing Committee
To
The Chief Executive Officer,
Jharkhand State Waqf Board . Or
Authorized Officer,
……………………………
Copy to the Chairman, District Auqaf Committee, ……………………………………..
FORM NO 100
{See Rule 78 (2)}
REGISTER OF DEMAND, COLLECTION & BALANCE OF WAQF CONTRIBUTION
Name of the District
Name of the Circle
Name of the Waqf
Net income fixed
7% Waqf
contribution
Details of Waqf contribution
payable to Board
Date of payment
Amount paid (cash
cheque or DD)
Receipt No. & Date
Balance (6-8)
Remarks
Arrears
Current
year
Demand
Total Waqf
Contribution
Due
1
2
3
4
5
6
7
8
9
10
11
12
Date:
Signature of the Waqf Officer.
134
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
FORM NO 101
{See Rule 78 (3) }
REGISTER OF DISTRICT WISE DEMAND, COLLECTION & BALANCE OF WAQF
CONTRIBUTION IN THE STATE
Name of the
Circle
Name of the
Waqf
Net income
fixed
7% Waqf
contri-bution
Details of Waqf contribution
payable to Board
Date of
payment
Amount paid
(cash cheque
or DD)
Receipt No. &
Date
Balance (6-8)
Remarks
Arrears
Current
year
Demand
Total Waqf
Contri-bution
Due
1
2
3
4
5
6
7
8
9
10
11
12
Date:
Signature of the Supdt. of Accounts,
Jharkhand State Waqf Board.
FORM NO 102
{See Rule 78 (4)}
REGISTER OF DEMAND OF WAQF CONTRIBUTION
Name of the District.
Name
of
Circle
Name
of the
Waqf
Net
Income
fixed
7% Waqf
contribution
Details of Waqf contribution
payable to Board
Remarks
Arrears
Current
year
Demand
Total Waqf
Contribution
Due
1
2
3
4
5
6
7
8
Date:
Form 103
[See Rule 78(5)]
Notice to Defaulter
Signature of the Waqf Officer,
To
………………………
………………………..
…………………………
You are hereby required to take notice that a sum of Rs.
(in
words
) is due from you, being the Waqf contribution payable, has not been
paid to the Jharkhand State Waqf Board.
You are therefore directed to pay the aforesaid sum within (10) days from the date
of service of Notice together with the sum of Rs.
being the fee
chargeable for the Notice. Failing which the same will be recovered in accordance with law.
Date
day of
Waqf Officer/Waqf Inspector
135
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
Form 104
[See Rule 78 (8)]
N O T I C E
(To be issued under Section 76 read with Rule 78, if it is found that net annual
income needs to be revised)
Whereas, you Sri
Mutawalli / Secretary of
the Managing Committee of Waqf furnished returns of net annual income under Rule 70
and after verification, it is found that your annual income needs to be revised from Rs.
( in words) to Rs.
( in words) for the reasons that you have not properly
assessed the income for the following item:-
i)
ii)
iii)
iv)
v)
vi)
Therefore, you are called upon to explain within seven days from the date of receipt
of this Notice, as to why annual income of the above said institution should not be revised
to the amount assessed by the Waqf Officer/Inspector-Cum-Auditor. District Auqaf
Committee
District. If you fail to furnish your reply, the revised amount
assessed will be accepted and taken into the Demand.
Chief Executive Officer/
Authorised Officer
To
The Mutawalli/
The Secretary of the Managing Committee
Copy to the Chairman/ Administrator,.................. District.
136
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
Form 105
[See Rule 78 (9)]
N O T I C E
(Notice regarding escaped amount leviable under Section 72 of the Act, 1995)
Whereas it is seen from the Assessment furnished by you regarding the net annual
income under Sub Rule (1) of Rule 78 read with Section 72 of the Waqf Act, that the
amount noticed hereunder has escaped the assessment thereby the
contribution
paid/payable by you needs to revised.
1.
Name of the Waqf institution :
2.
Year of assessment :
3.
Actual amount assessed :
4.
Proposed amount assessed :
5.
Contribution levied as per assessment under Sl.No.3 :
6.
Difference of assessed amount :
7.
Revised Contribution :
8.
Remarks
You are therefore called upon to explain within 30 days from the dated of receipt of
this Notice, as to why a demand as shown in column 7 should not be revised. Failing which
the same will be taken to demand as arrears and collected from you.
Chief Executive Officer/
To
The Mutawalli/
The Secretary of the Managing Committee,
Copy to the Chairman/ Administrator, .................. District.
Form 106
[ See Rule 80 (a)]
Register of Donation
SI.
No.
Name and address
of the donor
Date
Details of the donation
Remarks
Cash
Kind
1
2
3
4
5
6
* If in kind the details of the article donated to be indicated.
Chief Accounts Officer
Form 107
[ See Rule 80 (b)]
Register of income from Court Fee.
SI. No.
Date
Name of the Tribunal /
other Court
Amount
Received
Cheque No.
/ D.D. No.
Remarks
1
2
3
4
5
6
Chief Accounts Officer
137
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
payment
expenses
Form 108
[See Rule 80 (c)]
Register of Waqf contribution
SI. No.
Name of
the District
Date
Cheque No. /
D.D. No.
Amount
received
Remarks
1
2
3
4
5
6
Chief Accounts Officer
Form 109
[See Rule 80 (d) ]
Register of Investment/Deposits
SI. No.
Details of
Investment
/ Deposit
Acc.
No.
FDR
No.
Date of
investment
/ deposit.
Amount
Date of
maturity
Amount
after
maturity
Remarks
1
2
3
4
5
6
7
8
Chief Accounts Officer
Form 110
[ See Rule 80 (e)]
Register of Expenditure
SI. No.
Details of
expenditure
Sub Head
Bill / Voucher order
no. and date
Amount
1
2
3
4
5
Chief Accounts Officer
Receipts
Form 111
[ See Rule 80 (f)]
CASH BOOK FOR WAQF FUND
SI. No.
Date of
receipt
Receipt No.
Grants
Donations
Tribunal Fee
Waqf
Contribution
Matured
investment
CWC Loans
Receipts
Payments
SI. No.
Date of
Voucher No.
Grants
Office
expenses.
Tribunal Fee
Purchase of
office
equipments
Investment
made
Salary
TA
Other
Total
Chief Accounts Officer
138
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
Form 111A
[ See Rule 80 (g)]
REGISTER OF INTEREST ACCRUED ON TERM DEPOSITS AND OTHERS IN THE
BANK ACCOUNTS OF JHARKHAND STATE WAQF BOARD
SI. No.
Name of
the Bank
Account
No.
TDR No.
Interest
accrued
Amount
utilized for
destitute
Balance
Signature of the Accounts Officer,
Jharkhand State Waqf Board.
Form 112
( See Rule 81 )
BUDGET ESTIMATE OF JHARKHAND STATE
WAQF OF AUQAF 20……20……….
Actual for
20………20
Sanctioned
Estimate
for Current
year
20………20
Revised estimate for
Current year
Total
Budget
Estimate for
year 20………20
Actual for
8 months.
Probable
Expenditure
for 4 months.
Opening Balance.
Receipt
(As per Form 112A)
Expenditure
(As per Form 112B)
Closing Balance.
Grand Total :
139
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
Form 112A
[ See Rule 81(I) ]
Budget Estimate of Receipts for Jharkhand State Board of Auqaf for the financial year
20……….20…………
SI.
No.
Receipts.
Actuals
for the
previous
year
Budget
estimate
current
year.
Revised
Budget
estimate
for current
year
Budget
estimate
for ensuing
financial
year
1
2
3
4
5
6
1.
Opening Balance.
2.
Rent of Building.
3.
Contribution from Waqf
Institution at rate 7%
4.
Maintenance Grants
5.
Tribunal Fee
6.
Other Grants.
7.
Scrutiny Fee / Copying Fee
8.
Fines and Penalties
9.
Loans and Advance.
10.
Interest and Guarantee
Commission
11.
Sale of Forms.
12.
Recovery of Litigation Fee
13.
Sale of Forms.
14.
Service Charges.
15.
Loan form Waqf Institution
16.
Interest on Deposits.
17.
Raising of Securities /
Debentures
18.
Other Receipts.
Grand Total
140
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
Form 112A (i)
[ See Rule 81 (I) ]
Statement of Demand of Waqf contribution
Total
number of
Waqf
Institution
in the
State.
Number of
Waqf
Institution
for which
7%
contributions
is assessed.
Demand
fixed during
the Previous
year
20…….20…..
Amount
actually
collected.
Demand
preferred
for the
ensuing
year
20 ….
20…..
Demand for
current year
20…….20…..
Amount
collected
for year
Remarks.
Form 112 A (ii)
[ See Rule 81(I) ]
Statement of Maintenance Grants.
SI.
No.
Item
Grants
proposed
during the
Previous
financial
year
20…….20…..
Grant
received
during
the
current
financial
year
20…20….
Additional
grants, if
any.
Grants
preferred for
ensuing
year
20…….20…..
Reasons
for
increase.
Remarks.
1.
Establishment charges & allowances of staff.
2.
Honorarium and allowances for the Chairperson and members of the Board.
3.
Maintenance of Vehicles.
4.
Allowances to the other Committees.
5.
Contingency.
6.
Any other item.
Form 112 A (iii)
[ See Rule 81(I) ]
Statement of Rent Received.
SI. No.
Details
of the
property.
Grants
received
during the
Previous year
20…….20…..
Rents
received
during the
current
year
20…20….
Expected
rents for
the
ensuing
year
20…20….
Grand
Total
Remarks.
141
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
Form 112 A (iv)
[ See Rule 81(I) ]
Statement of other Grants.
SI. No.
Details
Purpose
Amount
sanctioned.
During the previous
During the Current year.
Proposed for
ensuing
Remarks.
year.
Amount
No. of
No. of
Amount
No. of Waqf
released.
Waqf
sanctioned
released
institutions.
Institution
upto the
to
end of
institution
1. Grant-in-Aid.
2. Any other Grants.
Form 112 A (v)
[ See Rule 81(I) ]
Statement of Interest on Deposit with Banks.
SI. No.
Details of
Investment /
Deposits.
Date of
investment.
Amount
Date of
maturity
Interest
accrued.
Remarks.
1
2
3
4
5
6
7
Grand Total :
Form 112 A (vi)
[ See Rule 81(I) ]
Statement of Honorarium to Pesh Imam and Mouzans.
SI. No.
Details of
O.B.
Grant received during
the current year.
Total
Grants proposed
for the ensuing
year.
Remarks.
1
2
3
4
5
6
Grand Total :
Form 112 A (vii)
[ See Rule 81(I) ]
Statement of grant received for payment of maintenance to the Muslim women under
Section 77(4)(g) of the Act.
SI.
No.
Details
of O.B.
Grant received
during the current
year.
Total
Grants proposed
for the ensuing
year.
Remarks.
1
2
3
4
5
6
Grand Total :
142
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
Form 112B
[ See Rule 81(II) ]
Budget Estimate of expenditure of Jharkhand State Board of Auqaf for the financial
year 20……….20…………
SI.
No.
Head of Expenditure.
Actuals
for the
previous
year
Budget
estimate
current
year.
Revised
Budget
estimate
for current
year
Budget
estimate
for
ensuing
financial
year
1
2
3
4
5
6
General Administration.
1.
Deficit for previous year.
2.
A) Remuneration and allowances
to the Chairperson.
B) Sitting Fee and allowances to
the Members of the Board.
3.
Salary of CEO
4.
Salary of Officers.
5.
Establishment.
(a)Permanent.
(b)Temporary.
6.
Travelling Allowances.
7.
Other Allowances.
8.
Contingencies.
a). Corporation Tax.
b). Postage.
c). Stationary.
d). Electric charges.
e).Telephone charges.
f). Printing Charges.
g). Furniture.
h). Hospitality charges.
9.
Legal charges.
10.
Interest on Loans and advances.
11.
Grants and Scholarship.
12.
Capital Expenditure on lands
and building.
13.
Maintenance and repairs of
Vehicle.
14.
Maintenance and repairs of
Board’s Building.
15.
Contribution to employees
Provident Fund.
16.
Pension, Gratuity and Family
Pension.
17.
Audit Fee.
18.
Contribution to CWC, New Delhi.
19.
Others.
Grand Total
143
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
Form 112B (i)
[ See Rule 81 (II) ]
Statement of payment of Salaries and allowances to the Officers and Staff.
SI. No.
Category
and
Designation.
No. of Post.
Scale.
Expenditure
during the
previous
year.
Expenditure
during the
current year
up to ……
Increase
by way of
increments
Increase in
allowances.
Proposed
expenditure
for ensuring
year.
Remark
.
1
Group-A
2
Group-B
3
Group-C
4
Group-D
Form 112 B (ii)
[ See Rule 81(II) ]
Statement of Payment of Honorarium, sitting fee and other allowances to
Chairperson and members.
SI.
No.
Category &
designation.
Expenditure
incurred
during the
Previous
year
20…….20…..
Expenditure
incurred
during the
current year
20…20….
Proposed
expenditure for next
year
Remarks.
Total
Honorariu.
Sitting fee
Allowance
Form 112 B (iii)
[ See Rule 81(II) ]
Statement of Expenditure by District Waqf Advisory Committee.
SI.
No.
Details.
Amount
spent
during the
during the
Previous
year
Budget
provision
during the
current year
20…20….
Amount
spend up
to the
end of
……….
Proposals
for ensuing
financial
year.
Remarks.
1. Sitting Fee.
2. Allowances.
3. Other expenditure.
Grand Total
144
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
Form 112 B (iv)
[ See Rule 81(II) ]
Statement of Expenditure on contingencies.
SI.
Details of
During the previous
During the current year.
Proposed
Remarks.
No.
Contingencies
year.
expenditure
Allotment
Expenditure
Allotment
Expenditure
for next
up to …..
financial
year
20….20….
1.
Telephone.
2.
Stationary.
3.
Printing.
4.
Maintenance of vehicle.
5.
Fuel.
6.
Office Expensews.
Grand Total :
Form 112 B (v)
[ See Rule 81(II) ]
Statement of Expenditure on Preservation and Protection of Waqf Properties.
SI.
No.
No. of
Waqf
properties
Amount
spent during
the previous
year
20…20…
Amount
spent during
the current
year
20…20…
Proposal for the next
financial year.
Remarks.
No. of
properties.
Amount
1
2
3
4
5
6
7
Total :
Form 112 B (vi)
[ See Rule 81(II) ]
Statement of Expenditure on Honorarium to Pesh Imam and Mouzans/Mouzins.
SI.
No.
No. of
Pesh
Imam and
Mouzans /
Mouzins
Amount
spent
during the
previous
year
20…20…
Amount
spent
during the
current
year
20…20…
Proposal for the next
financial year.
Remarks.
No. Pesh
Imam and
Mouzans /
Mouzins
Amount
1
2
3
4
5
6
7
Total :
145
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
Form 112 B (vii)
[ See Rule 81(II) ]
Statement towards payment of maintenance to the Muslim women under Muslim
women (Protection of rights on Divorce) Act, 1986 as ordered by a Court.
SI. No.
No. of
Muslim
women
Amount
spent during
the previous
year
20…20…
Amount
spent during
the current
year
20…20…
Proposal for the next
financial year.
Remarks.
No. Muslim
women
Amount
1
2
3
4
5
6
7
Total :
Form 113
( See Rule 85 (1) )
Before the Jharkhand Waqf Tribunal ........................................ Division
Between ...................................................................... Applicant Name & address
AND
……………………………………………………………………..… Respondents
Name & address
DETAILS OF THE APPLICATION
1)
Particulars of the orders against which the application is made. The application is
made against the following order:
(a)
Order No. 116
(b)
Date
(c)
Passed by
(d)
Subject in brief
2)
(A)
Facts of the Case
i.
ii.
iii.
(B)
Grounds for relief, including the relevant legal provisions in support of relief.
3)
Matters not previously filed or pending with the Waqf Tribunal or any Court including
High Court. The Applicant further declares that he had not previously filed any
application, Writ Petition regarding the matter in respect of which this application is
made. In case the applicant had previously filed any application, Writ Petition, the
first of the decision should be given.
4)
Relief
Verification:
(Name of the Applicant) …………………..………………………….. S/o ……………………..
D/o ………………………………. W/o …………………………………….. age ………………
Occupation ……………….. Residing at …………………………………………………
[[
Do hereby verify that the contents of the paras 1 to ……………are true to my
knowledge, belief and information and that I have not suppressed any material facts.
Date:
Signature of Applicant
Place:
146
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
Form 114
( See Rule 97)
Counter Foil :
No. ……………. Date: …………..
Before the Jharkhand Waqf Tribunal
……………………….
Application/Suit/Appeal
No.
…………
No. ……………….. Date …………..
Cash Receipt
Cash Receipt
Received from........................................ a
sum of Rs ............................................in
words
………………………………
Towards
(1) Copying charges
(2) Process Fee
(3) Fee for Application/ Interim Relief
(4) …………………………
Received from ........................................ A
sum of Rs ............................................ in
words
………………………………
Towards
(1) Copying charges
(2) Process Fee
(3) Fee for Application/ Interim Relief
(4) …………………………
Accountant
Jharkhand Waqf Tribunal
Accountant
Jharkhand Waqf Tribunal
Form 115
(See Rule 99)
General Annual Report on the working and Administration of the Jharkhand State Waqf
Board and the Administration
of Waqfs
in the State during the year
……………………………………
Part 1 : (Report Proper)
Section I …………………………
Constitution and Management.
Section II …………………………
Financial Position.
Section III ............................................ Removal of encroachment and protection and leasing
Waqf property.
Section IV ........................................... Litigation and working of Waqf Tribunals.
Section V ............................................ General.
Part II Section I Constitution and Management.
(1)
Jurisdiction : (i).
The area and population of Muslims.
(ii).
Number of Boards.
(iii).
Number of Territorial Division (Distt. Units).
(iv).
Number of Waqf Institutions.
(2)
Personnel :
(i).
Total number of Board Members.
(ii).
Number of Members by nomination and their names.
(iii).
Chairman .............................. Name and Category and Date of
Election.
(iv).
C.E.O............................. Name and period from which working.
(v).
Name of other officers.
(3)
Meeting and Attendance :
(i).
Number of Meeting – ordinary, general, special and
adjourned.
(ii).
Regularity in holding of meetings, attendance of members in
the meeting, meetings, adjourned.
147
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
(4)
Committees : (i). Total Number of Standing Committees their functions and
details may be indicated alongwith names of members.
(ii). Total Number of other Committee and Adhoc Committee.
(iii).
General Summary of work of each Committee, aggregate
attendance, name of the most energetic and most slack
amongst the Committee, most favoured by the members of
the Board.
(iv).
Joint Committee, if any work done by them.
(5)
Establishment :
Act of the organization set up of the Board alongwith the performances
indicated the cost of establishment as presented in the rules ad expenditure
incurred may be highlighted, meetings and conferences for the administration and
the results achieved may be indicated.
(6)
Registration :
Section II
Financial position.
Summary of the financial transaction.
(7)
Head of Account
Opening Balance.
Closing Balance.
Details of closing Balance Cash in Hand, Cash in Bank / Deposits etc., may be
given.
(i). Whether minimum Balance maintained.
(ii). Diversion of funds :
(8)
Receipts and expenditure :
(i). Summarized details of receipts and expenditure may be given for the two
preceding year beside the year under report and items showing increased
receipts and expenditure may be indicated.
(9)
Investments, Loans and Grants.
(10)
Audit :
(i).
The period for which the audit has been completed under Section 80. Action
taken on the audit reports etc.
(ii).
Whether programme of audit of Waqfs including Waqfs under completed
under Rule 40 of Jharkhand Waqfs and other relevant provisions.
(iii).
Cases of mis-appropriation of money by the Waqf institution may be
highlighted and action taken under the provisions of Waqf Act, 1995 by the
Jharkhand State Waqf Board to be examined.
(iv).
Cases of improvement in the finances of any Waqfs whether under direct
management or otherwise.
(11)
Assets and Liabilities :
(i).
Details of Rentals from immovable properties.
(ii).
Outstanding Collections and Balance of Waqf Committee, other dues,
Loans, number of Bills and amount pending for payment.
(a).
Remunerative enterprises :
(i)
Possibility of Loan for development of Waqf property from
Central Waqf Council and the achievements thereof to be
indicated in the development of Waqf properties and increase
in the income by the Waqf to be examined.
(ii)
Details of projects taken up by the concerned institution or by
the Board out of their own funds to be indicated.
(iii)
Details of projects taken own funds to be indicated.
(iv)
Projects taken up with other funds improvements thereof.
(v)
Grants under Grant-in-aid code for development of Waqfs
utilization certificate of eh said Grants to be finalized by the
Board.
148
Jharkhand Gazette (Extraordinary), Wednesday, 9th October, 2024
(b).
Removal of encroachment, protection and leasing Waqf property.
1.
Whether the list of encroachment are maintained by the
Board and a programme to identify the encroachment on
Waqf properties like Burial Ground, Idghas etc. is taken up by
the Board, if so, details.
2.
Progress in the relevant provisions of the Waqf Act to remove
encroachments, implementation of the orders and requisition
by the District Magistrate and Sub-Divisional Magistrate
regarding the removal of encroachment and restoration of
Waqf
properties
to
be
examined
and
highlights
of
achievements and slackness may be indicated. Problems
faced by the Board regarding enforcement thereof be
examined.
3.
Action taken by the Board regarding preservation and
protection of Waqf properties by utilizing Waqf fund under
Section 77(5).
(12)
Leasing of Waqf Properties
Total number of properties leased number of applications received and
disposed under the relevant provisions of the Jharkhand Waqf Rules. Any deviation
noticed ay also be highlighted.
(a).
Litigation’s and Working of Tribunals :
1.
Details of suits and writ petition pending in various courts to be
examined and disposed by the Board by way of furnishing parawise
replied to be taken into account and the details of total number of
adjournments taken up by the Advocates of the Board. Expenditure
incurred by way of Advocate fees to be checked up. The efficiency of
the panel of Advocates to be examined by checking out number of
cases in which orders are made in favour of the Board.
2.
Regarding Tribunals the number of appeal, suits, applications filed
and their disposal by each Tribunal may be reviewed problems faced
by the Tribunal in the disposal of cases may be highlighted. The
Tribunal fee collected and its remittance to the Waqf Fund to be
examined.
(b).
General
1.
Visit-of distinguished persons and address to be mentioned.
2.
Relationship between the Board and the Chief Executive Officer in
the smooth administration of the Board may be highlighted.
3.
Inspection of Waqf Committees, Waqf Institutions and
Table
inspection in the Board Office by the Chief Executive Officer or other
officers and the compliance to the said inspection.
4.
Action taken on the review by the Government on the general annual
report from the preceding year. The year under the report may be
examined.
Conclusion : Any other important matter affecting the general Administration of the Waqf
Board and the Waqf Institution to be highlighted.
By Order of the Governor of Jharkhand , -
Secretary to Government.
--------
Printed & Published by the Superintendent of Jharkhand Government Press, Doranda, Ranchi.
Jharkhand Gazette (Extraordinary) 656 -- 50.