REGISTERED NO. PT.-40

The Bihar Gazette

EXTRA ORDINARY

PUBLISHED BY AUTHORITY

1 ASVINA 1942(S)

(NO.PATNA 628) PATNA, WEDNESDAY, 23RD SEPTEMBER 2020

Minority Welfare Department

———

Notification

22nd September 2020

THE BIHAR WAQF RULES, 2020

MWD 13-05/2010 (part)1818—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 Bihar hereby makes the following rules, namely :-

RULES

Chapter – I

Short title, extent and commencement –

(i)

These Rules may be called “The Bihar Waqf Rules, 2020”.

(ii) It shall extend to the whole of the State of Bihar.

(iii) It shall come into force from the date of its publication in the Official

Gazette.

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.

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

(iv)

“Ballot Box” includes any box or container used for the insertion of ballot

papers by voters having a lock & seal.

(v)

“Board” means Bihar State Shia/Sunni Waqf Boards 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-Azha

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 Bihar.

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

(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

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

(b) Dargah, Graveyard, Peerkhana, Karbala, Maqbara, Mosque, Tomb,

Imambara, Lunger Khana, Ziarat Khana, Kutub Khana and the

courtyard appertaining thereto; and

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 Bihar State Shia/Sunni

Waqf Board(s), at the District level as such;

(xlviii) “Waqf Officer” means an Officer appointed by the Bihar State Shia/Sunni

Waqf Board(s), 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

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

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 ‘Bihar 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, Minority Welfare Department, 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 Minority Welfare Officer,

(4) The Survey Commissioner shall submit the survey report to the Revenue

Department and Minority Welfare Department of the State Government as

well as the Bihar State Shia/Sunni Waqf Board.

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.

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.

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

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.

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 Minority Welfare or by the Revenue Department

shall send it within a period of one month to the Authorities in Revenue,

Urban Development and Panchayat 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.

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)

belonging to the Waqf in Form No.4.

(b)

belonging to the Waqf in Form No.5.

(c)

Section 51 and 56 of the Act in respect of immovable

properties of the Waqf in Form No.6.

(d)

various schemes as per Section 51 of the Act in Form No.7.

(e)

under Land Acquisition Act, 1894 or any other law relating

to acquisition of land in Form No.8.

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

(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 Minority Welfare Officer-cum-Waqf Nodel Officer on or before

the end of February every year.

(6)

The District Minority 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 Minority 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 Minority 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 moveable 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.

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

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 a Additional Secretary, 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 Bihar State Sunni/Shia 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, (iii) Secretary, Bihar Legislative Assembly and

Secretary, Bihar Legislative Council, (iv) the Secretary, Bihar State Bar

Council and from the Chief Executive Officer, (v) Bihar State Sunni/Shia

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.

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

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 Bihar, 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 of Sunni and Shia sects specified in the second proviso to

sub-section (2) of section 14. Separate Electoral Roll shall be maintained for each category

respectively 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 a

Additional Secretary to be the Returning Officer for conduct of Election

to the Members of the Shia and Sunni Board from the four Electoral

Colleges respectively.

(2) For the purpose of polling to the election of member/s of the Shia and

Sunni Board from the respective Electoral College of Mutawalli of the

State of Bihar shall be made at the office of respective Waqf Boards.

The Returning Officer shall conduct such polling at the office of Waqf

Boards respectively. The Returning Officer shall appoint Under

Secretary rank Officer, 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 or

Additional Chief Executive Officer of Bihar State Shia/Sunni Waqf

Board(s) 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.

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

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 Bihar State Shia/Sunni Waqf Board(s);

(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.

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

(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(s) 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

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

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.

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

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 Peoples 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.

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

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;

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

(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’s 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 Bihar State Shia/Sunni Waqf

Board(s);

(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.

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

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;

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.

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

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

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

(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 Bihar State

Shia/Sunni Waqf Board(s) 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 Bihar State Shia/Sunni Waqf Board(s) 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 Minority Welfare Department 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 Bihar State Sunni/Shia Waqf

Boards under sub-section (8) of section 14.

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

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 by

deputation, out of an Officer of the Indian Administrative Service or

the Bihar Administrative Service or any Officer from State

Government of equivalent cadre, not below the rank of Deputy

Secretary to the Government, 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.

(3)

The Chief Executive Officer shall be entitled to deputation allowance

at such rate as the Board may specify by regulations, in addition to his

own pay and allowances.

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 General Administration Department 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,

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

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.

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

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.

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

(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 explained 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 Minority 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 Minority 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 Waqif 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.

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

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

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.

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

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.

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

(3) The District Auqaf Committee and the District Minority 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 52, the District Minority 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 Minority 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 Bihar

State Shia/Sunni Waqf Board(s). The District Auqaf Committee with the

assistance of District Minority Welfare Officer-cum-Waqf Nodal Officer

shall take action to get the succeeding Committee constituted within a

period of three months.

(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.

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

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/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.

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

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

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

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 Minority 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 Minority 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

Minority Welfare Officer-cum-Waqf Nodel Officer of the District / any other official duly

authorized by the Board

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

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 30^th 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 Bihar State Shia/Sunni Waqf Board(s) 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 Bihar State Waqf Board(s) 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 Bihar State

Shia/Sunni Waqf Board(s) 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.

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

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

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

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.

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

(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 Bihar State Shia/Sunni 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 Bihar State Shia/Sunni 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.

(2)

The complainant shall furnish required sets of copies of the complaint

and the documents relied upon together with duly stamped postal covers.

(3)

The said inquiry shall be held in the manner specified under sub-rule (2)

of rule 58.

(4)

The Inquiry Officer whenever required shall issue summons in Form 71

for enforcing the attendance of witnesses and production of documents.

(5) The report of inquiry shall be placed before the Board for taking further

action.

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

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)

in Form 78;

(iv)

(v)

(vi)

(vii)

(viii)

Minutes Book in Form 83;

(ix)

(x)

(xi)

interest in Form 86(A);

(xii)

(xiii)

(xiv)

(xv)

Any other Register as prescribed from time to time by the Board.

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

(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) 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

(3) The Chief Executive Officer shall finalize and publish the annual

program of audit in Form 93.

(4) The Board may prepare panel of Auditors and send the same to the State

Government.

(5) A notice shall be issued to every Waqf institution fifteen days in

advance before the audit is taken up in Form 94.

(6) 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 & Odisa Public Demands Recovery Act,

1914 collected as arrears of land Revenue.

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

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 Minority 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 Bihar State Shia/Sunni Waqf Board(s) shall maintain a Demand

Minority Welfare Officer-cum-Waqf Nodel Officer and also keep a copy

of demand prepared by each of the District Minority 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

Minority 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

Notice

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)

(b)

(c)

(d)

(e)

(f)

Cash Book for Waqf Fund shall be in Form 111; and

(g)

shall be in Form 111 A.

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

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:

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).

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

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 Bihar shall in consultation with the Patna 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

holding rank of District, Sessions or Additional Sessions Judge having

knowledge of Urdu language.

(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 not below the rank of Additional District Magistrate

who is having knowledge of Urdu language for a term of maximum

period of three years.

(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. They are also

entitled to deputation allowance as per the Bihar Civil Service Rules.

(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.

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

(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 of Rs. 250/-.

(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.

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

90. Service

Notices:-

Every

notice

Defendants/Respondents

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.

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

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 Bihar Waqf Rules, 2002 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 Bihar ,

Madan Lal,

Under Secretary to Government.

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

(Form prescribed for Survey of Waqfs under the Waqf Act, 1995 and the Bihar Waqf Rules, 2019)

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

(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

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

(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

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

Form-2

(See Rule-6)

GOVERNMENT OF BIHAR

Bihar Government Secretariat, Department of ___________,_________, Patna.

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 Bihar in __________ Department hereby notify the

following as Waqf properties duly surveyed by the _________________ of Survey of Auqaf, the Survey

Commissioner ___________ and verified by the Bihar State Shia/Sunni Waqf Board(s) in letter

No._______________ dated: __________.

Name of the District: __________________ Village: __________________

Si No.

Name &

address of

the

institution

Sunni

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

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.

Form 3

[ See Rule 8 (1) (b) ]

Application for Updating of Records of Waqf properties

To,

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

Bihar Waqf Rules, 2019.

Name of the Waqf :

Registration No. & Date if any :

Notification No. & Date if any :

Details of the Waqf Property :

(a) Mouza / Revenue Thana / Circle

Khata No./Khesra No.(Old/New)

(b) Property No. :

If property is Waqf by user : period of usage to be indicated

If acquired by Sale/Gift/Hiba : the document No./Deed No.

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

Name and address of the Mutawalli or name of : the authorized person to sign the notices etc.,

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

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

Form No.4

[See Rule 8 (3) (a)]

Register of Immovable Property

Name of the District ____________ Circle No. _________

City/Town _________

Village ______

Sl.

Name and

address of

the Waqf

Nature

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

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

Signature of the Mutawalli/ Managing Committee

Form No.5

[See Rule 8 (3) (b) ]

Register of Moveable 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

Condition of the

movable property

Income from movable

Property, if any

Order & date

declared as obsolete

Date of action &

sale proceeds in Rs.

Remarks

Dated:

Signature of the Mutawalli/ Managing Committee

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

Form No.6

[ See Rule 8 (3) (c) ]

Register of Leases

Name of the District:_________________ Name of the Circle:_______________

Sl.

Name &

address of the

Waqf

Particulars of

property

Purpose of

lease

Date of issue of

pamphlets/paper

notification

Name &

address of

the lessee

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

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.

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.

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

receipt

Monthly

rentals

Remarks

Signature of the Mutawalli/ Managing Committee

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

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.

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.

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

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

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

Extent

Valuati on

Registration

No. & Date

by Board

Notification

No. & Date by

Board

Name of the

Khate dar

Annual

Income

Details of

acquisition/gra nt/

disposal by Court

Dated:

Signature of the Waqf Officer,.

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

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

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

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

Circle

Name

and

address

of the

Waqf

Partic

ulars of

proper ty

Purpose

of lease

Date of issue of

pamphlets/ paper

notification

Name &

address

of the

lessee

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

Remar ks

Dated:

Signature of the Waqf Officer.

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

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.

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

Form No.13

[ See Rule 8 (6) ]

Register of details of Waqf properties acquired for public purposes

Name of the District:____________________

Sl.

Na me of

the

Tal uk

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

Acre/

Sq.ft

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

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

Form No.14

[See Rule 8 (8)]

Register of Immovable Properties of Auqaf in the Bihar State Shia/Sunni Waqf Board(s)

Name of the District________________

Sl.

Name

of the

Circle

Name &

address

of the

Waqf

Nature

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

Extent

Valuation

Registration

No. & Date by

Board

Notification

No. & Date

by Board

Name of the

Khate dar

Annual

Income

Details of

acquisition/

grant/

disposal by

Court

Dated:

Signature of the Chief Executive Officer,

Bihar State Shia/Sunni Waqf Board(s).

Form No.15

[See Rule 8 (8)]

Register of Moveable properties of Bihar State Shia/Sunni Waqf Board(s)

Name of the District:____________________

Sl.

Name of the

Circle

Name and

address o

the Waqf

Description

of movable

property

Name of

the donor

Date of

Purchase/

donated

No./ Value

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

Dated:

Signature of the Chief Executive Officer,

Bihar State Shia/Sunni Waqf Board(s).

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

Form No.16

[ See Rule 8 (8) ]

Register of Leases of Waqf properties in the Bihar State Shia/Sunni Waqf Board(s)

Name of the District:____________________

SI.

No.

Name

Circle

Name and

address of

the Waqf

Particulars

property

Purpose

of lease

Date of issue of

pamphlets/ paper

notification

Name & address

of the lessee

Period

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

Remark ks

Dated:

Signature of the Chief Executive Officer,

Bihar State Shia/Sunni Waqf Board(s).

Form No.17

[ See Rule 8 (8) ]

Register of properties developed in the Bihar State Shia/Sunni Waqf Board(s)

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

developer

Date of

approval of

Govt.

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

receipt

Monthly

rentals

Dated:

Signature of the Chief Executive Officer,

Bihar State Shia/Sunni Waqf Board(s).

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

Form No.18

[ See Rule 8 (8) ]

Register of details of Waqf properties acquired for public purposes in the Bihar State Shia/

Sunni Waqf Board(s)

Name of the District:__________________

Sl.

Na me

of the

Tal uk

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

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

Signature of the Chief Executive Officer,

Dated:

Bihar State Shia/Sunni Waqf Board(s).

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 Bihar State Shia/Sunni Waqf Board(s)

* 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.

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

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 Bihar State Shia/Sunni Waqf Board(s).

The Electoral Registration Officer to Bihar State Shia/Sunni Waqf Board(s).

_________________________________

Sir,

request

that

name

registered

the

Electoral

College

_____________________ for election to member/s of Bihar State Shia/Sunni Waqf

Board(s).

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 Bihar/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 Bihar State Shia/Sunni Waqf Board(s) 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:

PETITIONER

* Strike out which is not applicable.

DECISION OF ELECTORAL REGISTRATION OFFICER

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

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

Form 20A

[ See Rule 12 (2) ]

(This Form shall be submitted to Electoral Registration

Officer along with application in Form 20)

ELECTION/BYE ELECTION TO THE BIHAR STATE

SHIA/SUNNI

WAQF

BOARD(S)

FROM

THE

ELECTORAL

COLLEGE

SITTING/EX-MUSLIM

MEMBERS OF PARLIAMENT OF BIHAR/MUSLIM

MEMBERS

BIHAR

LEGISLATURE

/MUSLIM

MEMBERS OF BAR COUNCIL OF BIHAR/MUTAWALLI

OF WAQF INSTITUTIONS WHOSE ANNUAL INCOME

IS ABOVE Rs. ONE LAKH.

PHOTO

NAME (BLOCK LETTERS) __________________________________

PART NO.

SERIAL NO.

2).

SPECIMEN SIGNATURE

_________________________

ii.

_________________________

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

Form 21A

(See Rule 14(1)

Part-A

Year _________

ELECTORAL COLLEGE OF MUSLIM MEMBERS OF PARLIAMENT FROM BIHAR

STATE FOR MEMBERSHIP OF BIHAR STATE SHIA/SUNNI WAQF BOARD(S)

SI.

NO.

Name of

Member of

Parliament

Name of

father /

husband.

Sex

Age

Date

Birth

LS/RS

Address

in the

State of

Bihar

No. of Name

constituency

Date of

commencement

of tenure

Place :

Date :

ELECTORAL REGISTRATION OFFICER.

Form 21B

(See Rule 14(1))

Part-B

Year _________

ELECTORAL COLLEGE OF MUSLIM MEMBERS OF LEGISLATURE (BIHAR STATE) FOR

MEMBERSHIP TO BIHAR STATE SHIA/SUNNI WAQF BOARD(S)

SI.

NO.

Name of

Legislature

Name of

father /

husband.

Sex

Age

Date

Birth

MLA/

MLC

Address

in the

State of

Bihar

No. and

Name of

constituency

Date of

commencement

of tenure

Place :

Date :

ELECTORAL REGISTRATION OFFICER.

Form 21C

(See Rule 14(1))

Part-C

Year _________

ELECTORAL COLLEGE OF MUSLIM MEMBERS OF BAR COUNCIL (BIHAR STATE) FOR

MEMBERSHIP TO BIHAR STATE SHIA/SUNNI WAQF BOARD(S)

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

Bihar

Place :

Date :

ELECTORAL REGISTRATION OFFICER.

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

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

Place :

Date :

ELECTORAL REGISTRATION OFFICER.

Form 22A

(See Rule 15)

Part-E

Year _________

ELECTORAL COLLEGE OF EX-MUSLIM MEMBERS OF PARLIAMENT FROM BIHAR STATE

FOR MEMBERSHIP OF BIHAR STATE SHIA/SUNNI WAQF BOARD(S)

SI.

NO.

Name and

address of

the

member of

Parliament

Name of

father /

husband.

Sex

Age

Date

Birth

LS/RS

Address

in the

State of

Bihar

No. and

Name of

constituency

represented

period

Date of

completion

of tenure

Place :

Date :

ELECTORAL REGISTRATION OFFICER.

Form 22B

(See Rule 15)

Part-F

Year _________

ELECTORAL COLLEGE OF EX-MUSLIM MEMBERS OF LEGISLATURE (BIHAR STATE) FOR

MEMBERSHIP OF BIHAR STATE SHIA/SUNNI WAQF BOARD(S)

SI.

NO.

Name and

address of

the

Legislature

Name of

father /

husband.

Sex

Age

Date

Birth

MLA/

MLC

Address

in the

State of

Bihar

No. and Name

of constituency

represented

period

Date of

completion

of tenure

Place :

Date :

ELECTORAL REGISTRATION OFFICER.

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

Form 22C

(See Rule 15)

Part-G

Year _________

ELECTORAL COLLEGE OF EX-MUSLIM MEMBERS OF BAR COUNCIL (BIHAR STATE) FOR

MEMBERSHIP OF BIHAR STATE SHIA/SUNNI WAQF BOARD(S)

SI. NO.

Name and address

of Ex-Member of

Bar Council

Name of

father /

husband.

Sex

Age

Date

Birth

Period

served

Address in the

State of Bihar

Place :

Date :

ELECTORAL REGISTRATION OFFICER.

Form No. 23

(See Rule 17)

No. _____________

Date _____________

NOTIFICATION

The Government of Bihar hereby notifies the Schedule of election as hereunder for filling

up the vacancy/vacancies of members to the Bihar State Shia/Sunni Waqf Board(s) 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 Bihar Waqf Rules, 2019.

Date:

By order

and in the name of the Governor of Bihar

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

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 Bihar

State Shia/Sunni Waqf Board(s) by the Muslim Members of Parliament/Ex-

Muslim Members of Parliament from of Bihar State.

(2) an election is to be held for one/two members of Bihar State Shia/Sunni Waqf

Board(s) by the Muslim member of Legislature/Ex-Muslim members of

Legislature of Bihar State.

(3) an election is to be held for one/two members to Bihar State Shia/Sunni Waqf

Board(s) by the Muslim Members/Ex-Muslim members of Bar Council.

(4) an election is to be held for one/two member of Bihar State Shia/Sunni Waqf

Board(s) 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 1:00 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

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

Form 25

[See Rule 19 (1)]

NOMINATION PAPER

Election to the Bihar State Shia/Sunni Waqf Board(s)

I, nominate Sri/Smt.______________________ as a candidate for election to the

Bihar State Shia/Sunni Waqf Board(s) 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 Bihar State Shia/Sunni Waqf Board(s) 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 Bihar State Shia/Sunni Waqf Board(s) 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

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

Form 26

[See Rule 21]

NOTICE OF NOMINATION

ELECTION TO THE BIHAR STATE SHIA/SUNNI WAQF BOARD(S) BY

MEMBERS OF PARLIAMENT/ MEMBERS OF LEGISLATURE/BAR COUNCIL

MEMBERS/MUTAWALLI ELECTORAL COLLEGE.

Election to the Bihar State Shia/Sunni Waqf Board(s) 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

RETURNING OFFICER

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

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 Bihar State

Shia/Sunni Waqf Board(s)

I, ________________________________________________ having been nominated as

candidate to fill a seat in the Bihar State Shia/Sunni Waqf Board(s) 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

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

Form 28

[ See Rule 22 (2)]

Appointment of Election Agent

Election to the member of Bihar State Shia/Sunni Waqf Board(s) 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

PHOTOGRAPHS

Signature attested by me

(Returning Officer)

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

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 Bihar State Shia/Sunni Waqf Board(s) 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.

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

Form 31

[ See Rule 24 (3) ]

NOTIFICATION

(Withdrawal of candidate/s)

Election to the Bihar State Shia/Sunni Waqf Board(s) 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 Bihar State Shia/Sunni Waqf Board(s) from the _____

________________ Electoral College.

Name of validly

nominated

candidate

Address of validly nominated candidate

Remarks

Sl.No.

Name of Candidate

Address of

Candidate

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.

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

Form 33

[See Rule 28 (2) ]

Declaration of Result of Election

(to be used when the seat is un-contested)

Election of Bihar State Shia/Sunni Waqf Board(s) from ______________ Electoral College

In pursuance of the provisions contained in Rule 28 of Bihar Waqf Rules, 2019, 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

The Returning Officer,

________________________

I ________________________________ is a Voter in the following Electoral College

of Bihar State Shia/Sunni Waqf Board(s).

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)

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

Form 35

[See Rule 33 (2) ]

RETURN OF ELECTION

ELECTION TO THE BIHAR STATE SHIA/SUNNI WAQF BOARD(S)

Election to Bihar State Shia/Sunni Waqf Board(s) 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

Result

Transfer

Result

Transfer

Result

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 ____________________________ 201 __________

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

Form 36

[ See Rule 33 (3) ]

Declaration of result of Election

(to be used when the seat is contested)

Election of Bihar State Shia/Sunni Waqf Board(s) from ______________________

Electoral College.

In pursuance of the provisions contained in Rule 36 (3) of Bihar State Waqf Rules,

2014, 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 Bihar State Shia/Sunni

Waqf Board(s), hereby certify that I have on the ___________________ day of _______________

20_____ declare Sri/Smt. ______________________________ Member of the Bihar State

Shia/Sunni Waqf Board(s) 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.

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

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 Bihar State Shia/Sunni

Waqf Board(s).

The Government of Bihar 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 Bihar State Shia/Sunni Waqf Board(s). 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

Dated:

By order

and in the name of the

Government of Bihar

Form 39

[ See Rule 41 (1) ]

N O T I C E

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 (5) ]

Notification by Govt. regarding appointment of Chairperson

N O T I F I C A T I O N

(Under Rule 37(5) of Bihar Waqf Rules, 2019)

It is hereby notified that Sri/Smt ___________________________________ S/o W/o

______________________________________ a member of the Bihar State Shia/Sunni Waqf

Board(s) is duly elected as Chairperson of Bihar State Shia/Sunni Waqf Board(s) 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 Bihar

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

Form No. 41

[ See Rule 43 (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

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)

______________________________________

remitted

vide

challan/receipt

No.

_____________________________ dated _________________

C.E.O/Authorized Officer

___________________________

(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.

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

Form No. 41(A)

[ See Rule 46 (1) ]

Application for inspection of proceedings or Records

Date

Name and

Address of

the

Applicant

Nature of

the

document

If the document

relate to a Waqf the

relation of the

Applicant with

Waqf.

Order

granting or

rejecting the

application

Searching

fee Ord.

urgent.

Initial of the Head

Clerk-cum-

Accountant.

Date ad hour when the

inspection will be

allowed.

Signature of the

clerk receiving the

application

Remarks

Form No. 41(B)

[ See Rule 46 (4) ]

Application for certified copies of Proceedings or Records

Date

Name and Address of

the Applicant

Specification of the

document of which a

copy is required

Where the document

relates to a Waqf the

relation of the

applicant with the

Waqf

Order granting or

rejecting the

application

Number of words to

be copied

Searching fee

deposited Ordinary

Searching fee

deposited Urgent

Coping fee deposited

(Ordinary)

Coping fee deposited

(Urgent)

Certification fee

deposited if a certified

copy is required

(Ordinary)

Certification fee

deposited if a certified

copy is required

(Urgent)

Initial of the Head Clerk –

cum – Accountant

receiving

Date and hour when the

copy will be ready

Date of delivery

Signature of Applicant

acknowledging receipt

Remarks

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

Form - 42

(See Rule-48)

SCHEME OF ADMINISTRATION

Scheme of Administration for the management of __________________________

CHAPTER-I

DETAILS OF WAQF

Name of the Waqf :

(Name with full address including allied institutions)

Waqf shall be governed by the principles and percepts of Sunni/Shia.

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)

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

Assessme nt or tax to

be paid annually

Name of the

Khatedar

Income derived

annuall y

Namean d address of

the Waqif

Certifi cate of Regist

ration No.

Gazette / Notifica

tion No.

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

CHAPTER-II

DEFINITIONS

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 Bihar.

“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.

“Properties” means all moveable 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 Bihar State Shia/Sunni Waqf Board(s) 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 Bihar Waqf Rules, 2019, 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.

“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 Bihar 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

The aims and objects of the Waqf shall be:

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.

To take up any other activities of religious, cultural, educational, social, economic

upliftment of the community.

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

CHAPTER-IV

MEMBERSHIP

Qualification for admission:

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.

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

General Body:

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.

Annual General Body Meeting.

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.

To consider and approve the budget estimate for the ensuing year, before

submitting it to the Board;

To approve the annual audited statement of accounts of the Waqf;

To select with consensus 11 (eleven) Members from among themselves, to

the Managing Committee of the Waqf once in three years;

If it be by selection, it shall be by rising of hands;

If the General Body decides to appoint the Managing Committee through

Election, it shall be as provided under Chapter – VIII of the Scheme.

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

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

facie case against such Member/s, by a special resolution passed in the

meeting, intimate the fact to the Board for necessary action;

To approve the appointment of employees required to the Waqf.

To approve the proposals of the Managing Committee if any;

To appoint Auditor or Chartered Accountant to audit the accounts of the

Institution;

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.

All General Meetings other than Annual General Body Meeting shall be

called as Special General Body Meeting.

A Special General Body Meeting may be called at any time by the

Managing Committee at their discretion.

It may be called on requisition made to the Managing Committee in writing

by at least one fifth of Members.

It shall be called within a month from the date of requisition.

At such a Special General Body Meeting, no business other than specified

in the notice shall be transacted.

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.

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.

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

CHAPTER-VI

MANAGING COMMITTEE

CONSTITUTION OF MANAGING COMMITTEE:

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.

The Managing Committee shall consist of eleven (11) Members.

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.

The Managing Committee shall be collectively accountable to the Board.

Duties and Powers of the Managing Committee:

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.

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.

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.

It shall have power to recruit the staff and also to remove them;

It is the Disciplinary Authority for the staff of the Waqf institution.

It shall update and maintain records/register of the Waqf as prescribed under

the Act and Rules.

it shall prepare and submit periodical returns as prescribed under the Act

and Rules.

It shall lease the properties in accordance with the provisions of Waqf

Properties Lease Rules, 2014.

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);

Under no circumstances, the administrative and financial powers shall be

delegated.

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;

It can form Sub-Committees for Education, Health, Social Service and

Development of Waqf properties, etc.

It shall approve receipts and payments.

It shall notify the General Body Meeting to the Board.

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

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:

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.

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:

death, resignation and removal;

conviction resulting in any penalty;

a tenant or family member of the tenant of the Waqf;

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.

absence, consecutively for three meetings, without valid reason;

14.

Powers of office bearers:

The President of the Committee shall preside over all meetings; he shall be the head

of the institution;

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;

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:

calling meetings in consultation with the President;

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;

preparing budget in consultation with the Treasurer;

signing all contracts, leases with the prior approval of Managing

Committee, Board and Government as the case may be;

maintaining accounts of the Waqf in accordance with provisions of Act and

Rules;

operate bank account/s of the Waqf, jointly with the President or the

Treasurer;

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;

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

The Treasurer shall be the custodian of the books of accounts and shall advise the

Managing Committee on financial matters of the institution;

The Secretary is responsible to update and handover all the records to the successor

Managing Committee immediately after the expiry of the term.

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.

The Secretary and Treasurer are responsible for compliance and action taken on the

Audit and Inspection Reports of the Supervisory Authorities.

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:

he is not a Muslim;

he is less than eighteen years of age;

he is found to be a person of unsound mind;

he is an un-discharged insolvent;

he has been convicted for an offence involving moral turpitude;

he be a rowdy sheeted in police records;

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;

he is known alcoholic or gambler or consumes any narcotics drugs;

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:

The Managing Committee shall meet at-least once in two (2) months or as often as

possible to transact the business of the Waqf;

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.

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;

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.

The resolutions of previous meeting shall be placed in the next meeting for its

confirmation.

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.

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.

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

CHAPTER VII

MAINTENANCE OF ACCOUNTS

17.

Accounts:

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;

The Treasurer shall ensure that all books are maintained in accordance with

the Act and all amounts received and spent are accounted positively;

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;

The Secretary shall maintain a permanent advance of not more than

Rs.1,000/- (Rupees One thousand only) for meeting any contingency;

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.

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.:

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;

A gift or grant either in cash or kind of any moveable 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.

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

20.

Financial Year:

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;

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:

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;

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 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:

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;

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:

The Managing Committee shall prepare an official seal indicating the name

of the Waqf, as it appears in the Gazette Notification or Registration

Certificate;

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;

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

CHAPTER VIII

ELECTION

(Applies only in case where Managing Committee is not selected by consensus)

24.

Constitution of Managing Committee through Election:

Preparation of Electoral Roll and issue of Identity Cards:

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.

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.

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.

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.

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:

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

61 Government or a Local Authority as Returning Officer for the purpose of

conducting the Election of Members to the Managing Committee of the Waqf.

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.

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; Kannada, 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.

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.

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

(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.

(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.

NOMINATIONS:

Each nomination shall contain the consent of the proposed candidate in

writing.

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.

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.

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.

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.

Nomination shall be scrutinized by the Returning Officer on the date

notified in the Calendar of Events.

The Returning Officer shall endorse on each notice of nomination the

decision of either accepting or rejecting the said nomination.

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.

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

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

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 Bihar 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:

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:

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.

The candidates who have secured the maximum number of votes

shall be declared as elected.

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.

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

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

sealed box in safe custody of the Waqf preferably in the custody of

the Executive Officer or a responsible paid official of the Waqf.

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:

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 muddam 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.

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.

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.

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

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.

33.

Directions of the Board: All directions, instructions and circulars issued by the Board shall

be implemented scrupulously from time to time.

33.

ELECTION DISPUTES:

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;

vi.

The Chief Executive Officer shall follow the procedure prescribed.

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

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

fund,

if any.

(1) Mouza /

Revenue

Thana / Circle

Khata

No./Khesra

No.(Old/New)

Area /

Extent.

District Circle

City /

Town

Village Usage.

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

_____________________________ _____________________________

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 Waqf

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 Waqf

Signature of the Reporting Officer

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

Form No.45

[ See Rule 51 (4) ]

N O T I C E

Whereas the Bihar State Shia/Sunni Waqf Board(s) 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

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 (4) ]

SHOW CAUSE NOTICE

Whereas the Bihar State Shia/Sunni Waqf Board(s) 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

Khata No./Khesra

No.(Old/New)

EXTENT

Boundaries

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

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

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 Bihar State Shia/Sunni Waqf Board(s) may think fit.

SCHEDULE

Name of the Waqf Institution:

Regn. No. & Date/G.N.No. & Date

Details of appointment of Mutawalli under the Waqf Deed

Name & address of person proposed as Mutawalli under Section 63 of the Act.

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

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 Bihar State Shia/Sunni Waqf Board(s) may think fit.

SCHEDULE

Name of the Waqf Institution:

Regn. No. & Date/G.N.No. & Date

Details of appointment of Mutawalli under the Waqf Deed

Name & address of person proposed as Mutawalli under Section 63 of the Act.

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.

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

Form No.49

[ See Rule 57(6) ]

Quarterly Progress Report by the Mutawalli/Administrator of Waqf institution, ___________

____________________ of Mohalla/Ward/Village- __________, Sub Division __________,

District ___________________

No._______________

dated _________

RECEIPTS & EXPENDITURE OF GOVERNMENT SCHEMES

SI.

No.

Name of Scheme

Grants

received

Expenditure

Utilization

Certificate

submitted

Grant in aid for Waqf institutions

Protection of Waqf properties

Special Grants

Honorarium to Pesh Imam &

Mouzan

MPLAD

MLAD

Shadi Mahal

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

Total number of properties registered :

Total number of properties notified :

No. of properties to be surveyed under subsequent survey :

No. of properties surveyed :

No. of properties Khatas are in the name of Waqf :

No. of properties “Waqf property” has been 70 indicated in the Khata :

No. of properties name boards are erected :

No. of properties compounded :

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

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

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)

Has been convicted more than once of an offence punishable under Section 61 of

the Waqf Act.

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;

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,

Is an undischarged insolvent:

Is proved to be addicted to drinking liquor or other spirituous preparations, or is

addicted to any narcotic drugs;

Is employed as a paid legal practitioner on behalf of, or against, the Waqf;

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;

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;

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;

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,

Misappropriate or fraudulently dealt with the property of the Waqf.

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 Bihar State Waqf Rules, 2019 by the Bihar State Shia/Sunni Waqf Board(s).

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 Bihar State Sunni Waqf Board

To:

Shri

Copy to the concerned.

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

Form No.51

[ See Rule 58 (3) ]

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 Bihar State Shia/Sunni Waqf Board(s), 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 Bihar State Shia/Sunni Waqf Board(s) 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.

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

Form No.52

[ See Rule 60 ]

Report regarding Waqf institutions under the direct management of the Board

under Section 65 of the Waqf Act.

Name of the Waqf Institution:

Details of Registration of institution under Section 37:

Order No. & date of taking the institution under direct management:

Name of the Official/person appointed as Administration of Waqf institution.

Income of the Waqf for the preceding year.

Steps taken by the Administrator to improve the income of Waqf.

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.

Details of immoveable property and the income there from.

(a) Location all of the immovable properties-

(b) Area of the individual properties of Waqf-

(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-

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.

ii)

iii)

iv)

18.

Copies of order sanctioning expenditure by the District Minority Welfare Officer-

cum-Waqf Nodel Officer of the District / any other official duly authorized by the

Board be attached.

Chief Executive Officer.

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

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:-

ii)

iii)

iv)

Now therefore by virtue of the powers conferred with the Bihar State Shia/Sunni

Waqf Board(s) 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)

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

Form No.54

[ See Rule 61 (4) ]

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:-

ii)

iii)

iv)

Therefore, by virtue of powers conferred with the Bihar State Shia/Sunni Waqf

Board(s) 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)

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

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 Bihar State Shia/Sunni Waqf Board(s) 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,

The Mutawalli/Applicant

of Managing Committee,

……………………………….

………………………………

Copy to the Chairman, Dist. Auqaf Committee, ………………………the concerned.

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

Form No.56

[See Rule 63(3)]

APPLICATION FOR GRANT OF LEASE

(in pursuance to the inviting of offers/bids)

The Mutawalli

The ……………………………...

……………………………………

Name of applicant :

(With age, fathers name, and :

present profession) :

If the applicant is a Firm, its :

name and constitution :

Address of the applicant :

(complete with Pin Code) :

Purpose for which the :

premises is required :

Details of the property :

(a)

where situated :

(i) village, :

(ii) town, :

(iii) Circle :

(iv) district :

Type of property :

AGRICULTURE/NON-AGRICULTURE :

SHOP/RESIDENTIAL/OFFICE :

OPEN SPACE

Area in Square feet :

Period for which required :

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.

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

Declaration by the Applicant.

I solemnly declare that :

(a)

I shall abide with the decision of the Mutawalli/Bihar State Shia/Sunni Waqf

Board(s) regarding my application;

(b)

If any of the facts and information provided by me are found to be false, the

Mutawalli/Bihar State Shia/Sunni Waqf Board(s) 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/Bihar State Shia/Sunni Waqf Board(s) and pay the stamp duty on the

deed and get the same registered under Bihar Registration Act.

Signature of the Applicant

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

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 Bihar State

Shia/Sunni

Waqf

Board(s),

________________),

represented

the

Mutawalli/President/Secretary

its

managing

committee

with

its

Office

……………………………….. (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 Bihar State

Shia/Sunni Waqf Board(s), ________________ (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:

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

TERMS AND CONDITIONS

That the lease shall be for a period of eleven months commencing from ……………

The lease shall be for the purpose of carrying on the business in…………………, or

carry on his profession in …………………………… only;

That the Lessee shall pay lease rent of Rs………….. (Rupees………………………

only) per month;

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 5^th of

the month succeeding the month for which the rent is due and payable, and obtain a

valid receipt;

That the Lessee shall deposit of a sum of Rs.………. (Rupees ……………………….

only) equivalent to …….. months lease rent, as Security Deposit.

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.

That the Lessee undertakes to vacate the premises after expiry of the Lease Period,

if the lease is not renewed by the Lessor.

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.

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;

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

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 ………… 201

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:

BIHAR GAZETTE (EXTRA) 23RD SEPTEMBER 2020

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

The ……………………………………………( a Waqf registered with the Bihar State

Shia/Sunni

Waqf

Board(s),

________________),

represented

the

Mutawalli

/President/Secretary

its

managing

committee

with

its

Office

……………………………….. (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

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 Bihar State Shia/Sunni Waqf

Board(s), ________________/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