 a bill further to amend the wakf act, 19mbe it enacted by parliament in the fifteenth year of the republic of lndia as follows:-1 this act may be called the wakf (amendment) act, 1964 short title 29 of 1954 z in section 3 of the wakf act, 1954 (hereinafter referred to as the amend-s principal act) ,-ment ot (i) in clause (a), for the words "established for the benefit of sections the muslim community", the words "sanctioned by the muslim 10 law" ahall be substituted; (ii) in clause (c), for the word and figure "section 9", the words, brackets, figures and letter "sub-section (1), or 88 the case may be, under sub-section (1 a) of section 9" shall ,be sulbstituted; (iii) after clause (d), the following clause shall be inserted, namely:-'(dd) "council" means the central wakf council established under section 8a;'; 20 (iv) in clause (i), aftea:- the word "prescribed" where that word occurs for the first time, the words, figures and letter' ", except in chapter lia, " shall be inserted; (v) in clause (l), for· sub-<lause (ii), the following subclause shall be substituted, namely:-"(ii) grants (including mashrut-ul-khidmat) for any purpose recognised iby the muslim law as pious, religious or charitable; and" 214 (b) ts-l amendmentot 8ection'l 3 in sub-section (1) of section 7 of the principal act, after the words "cost of making a survey", the words "including the coat of publication of the list of wakfs" shall be inserted 4 in the principal act, after chapter ii, the following chapter shall be inserted, namely:-insertion otnew chapter iila  "chapter iia central wad' council"sa (1) for the purpose of advismgit, on matten concerning the working of boards and the due administration of wakfs, the central government may, by notification in the om- 10 oia!· goette, establish a council to be called the central wald council ~blijb­mentad4 constitutionottbe central wakf councll (2) the council shall consist of a chairman, who shan be the union minister in charge of wakfs, and such other memben not exceeding twenty in number, as may be appoiated by the i' central government (8) the term of office of, the procedure to be followed in the discharge of their functions by, and the mana8l' of ftj:liag casual vacancies among, members of the council shall be such as may be prescribed by rules made by the central government 20 ~ otthe c~udcil 8b (1) every board shall pay from its wakf fund annually to the council such contribution as is equivalent to one per cent of the aggregate of the net annual income of the properties of the walds in respect of which contribution is payable under sub-section (1) of section 46: 25 provided that where the board in the case of any particular wakf has remitted under sub-section (2) of section 46 the whole of the contribution payable to it under sub-osectlon (1) of that section, then for calculating the contribution payable to the council under this section, the net annual income of the pro- 30 perty of the wakf in respect of which such remission has been granted shall not be taken into account (2) all monies received by the council under sub-section (1) and all other monies received by it as donations, benefactions and grants shall form a fund to be called the central 35 wakf fund • (3) subject to any rules that may be made by the central government in this behalf, the central wald fund shall be under the control' of the· council and may be applied for such purposes as the council· may deem flt corrigenda to the wakf (amendment) bill, 1964 (to betas introduced in lok sabha)1 page 1, line 16,- atter iii prescri bed'" insert ',' 2 page 3, in the marginal heading to clause 5,-tor "ament-ment" ~ namend-menttt 3 page 4, lines 28 and 29,-after "similar" insert " n·· , 4 page 6, line 1,-for "persons" ~ "person" 5 page 7, line 15,-atter "sub-section (2)"'~ " " , 6 page 7, in the marginal heading to new section 43a,-!:2!: "wakf" read "certain wakfs" 7 page 9,-(i) in line"l?, after "musaf-arkhana" insert if," (ii) in lines i? and 18, omit "for the sole benefit of pefsons professing islam," 8 page 14, line 18,-for tfwa'kfs" read "wakf\' --9 page 15, line 2 from bottom,-for "clause 5" read "clause 4" -10 page 16, line 1,-for "45" read "46" --11 page 22, line 4 from bottom,-foi' "endoments" read ''endowments'' -' -' 12 correct:l4ne numbers on pages 3, 4, 5, 7 and 9 {sakal 8c tj> the council shall cause to be maintaided such aceounta ·hdoks fjf aecount -and other books in relation to its accounts in and audit fteh form and in such manner as may be prescribed by rule s made by the central government (i) the accounts of the council shall be audited and examinee! -annually by such auditor as may b, appointed by the c8!lit'ra1 government (3) the costs of the audit shall be paid from the central wakf fund ~ 10 sd (1) the central government may, by notification in powerof the official gazette, make rules to carry out the purposes of g:tral tb1s 'chapter i -mwu;:-is make (2) in particular, and without prejudice to the generality rules of the foregoing power, such rules may provide for ah or any of the following matters, namely:-(a) the term of office of, the procedure to be followed in the discharge of their functions by, and the manner of ftlling casual vacancies among, the members of the council; (b) control over and application of the central wald fund; (c) the fonn and manner in which accounts of the council may be maintained (3) every rule made by the central government under this chapter shall be laid, as soon las may be after it is made, before each house of p8il"l:iament while it is in session for a total period of tbjrty days, which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in 'which it is so laid or the seesion immediately following both houses agree in making any modiftcation in the rule or botih hmmes agree that the rule should not be made, the rule shall ~ -have effeet only in irlch modified form or be of no effect, as the case may be; so however that any such modiftca- or nnl1lment mall be without prejudice to the validity of anything previously done under that rule!' 5 in sed:itm 9 of the principal aet,-~:!f (4) atter sub-section (1), the following sub-section shall be hctiod' inserted, namely:- (1a) notwithstanding anything contained in subaection (1), if the shia wakfs in any state constitute in number more than fifteen per cent of all the wajcfs in the state or if the income of the properties f)fthe shia walds in the state constitutes more than fifteen per cent of the total income of the properties of all the walds in the state, the state government may, iby notification in the official gazette, establish a board of wakfs each for s sunni walds and for shia wakfs under such names as may be specified in the notification and in such a case, the provisions of this act shall, in their application to the state, have effect as if the amendments specified in the schedule had- been made"; (b) in sub-section (2), for the words "the said board", 10 the words "the board" shall be substituted 6 in section 11 of the principal act, in clauses (b) and (c), the word "special" shall be omitted 'i in section 15 of the principal act, in sub-section (2) ,-amendmental iectionll amendmenta! metion 15 (a) in clause (e), for the portion beginning with the words 9s "in any case" and ending with the words "of being heard", the following shall be substituted, namely:-"to direct-(i) the utilization of the surplus income of a wakf consistently with the objects of the wakf; 20 (ii) in what manner the income of a wakf, the objects of which are not evident from any written instrument, shall be utilized; (iii) in any case where any object of a wakf has eeased to exist or has become incapable of achievement, 2s that so much of the income of the wakf as was previously applied to that object shall be applied to any other object which shall be similar or as nearly as practicable similar to the original object: provided that no direction shall be given under this 30 clause without iiving the parties affected an opportunity 01 being heard"; : (b) for clause (n, the following clause shall be substituted, namely:-"(;) to sanction in accordance with the muslim law, any 3s transfer of immovable property of a wakf by way of eaie, , gift, mortgage, exchange or lease, as required by section 3m: provided that no such sanction shall be given unless it least two-thirds of the,members of the bom:d vote in favour 40 , of such trlds8ction" "  8 in section 22 of the principal act, after the words"servant or amendthe bo8rd", the words "ql' any committee thereof' shall be inserted me~t of sechon22 8 in section 23 of the principal act, after sub-sectian (2), the amendfollowing sub-section shall lbe inserted, namely: -ment of section 23 5 "(3) the powers conferred on the secretary by sub-section (2) may also be exercised by such other officer oil' officers of the board as may either generally oil' specially be authorised in this behalf ,by the board"   10 section 32 of the principal act shall be re-numbered as rub- amend-10 section (2) of that section, and before the! su~section as so il'e-num- ment of bered, "the following sub-section shall be inserted, namely: _ section 32 "(1) every mutawalli shall keep regular accounts" 20 30 35 11 after section 36 01 the principal act, the following sections insertion shall be inserted, namely: _ of new sections 36aand 36b "3ba notwithstanding anything contained in the wakf deed, transferof no transfer of any immovable property of a wakf by way of- immovable  property (i) sale, gift, mortgage or exchange; or of wakfs (ii) lease for a period exceeding three years in the case of agricultural land, oil" for a period exceeding one year in the case of non-agricu1tural land or building, shall ibe valid without the previous sanction of the board 36b (1) if the board is satisfied, after making an inquiry recovery in such manner as may be prescribed, that any immovable pro- of wakf perty of a wakf entered as such in the register of walds main- ptropefrtyed - rans err tamed under section 26, has been transferred without the prevl- in contra"! ous sanclion of the board in contravention of the provisions of vention ot section 36a, it may send a requisition to· the collector within section whose jurisdiction the property is situate to obtain and deliver 36a possession of the property to it (2) on :receipt of a requisition under sub-section (1), the collector shall pass an order directing the person in possession of the property to deliver the property to the board within a period of thirty days ftro,m the date of the service of the order (3) every order passed under sulb-sect1em (2) shall be served-(d) by glvtng' or tendering the order or by sending it by post to the person for whom it 18 intended; at ·tf 8uch peisoda eaamot be f~d, by aextngtlle older oil 8dide compicuouspu1 ·of his lut-kdown place -at abode or business, or by giving or tendering the order to some aduilt male memoer or 8l!ii:vantofhis family or by causing it to be aftlxed -oil some conspicuous part of he propertf te s which it relates: provided 'that wibere thepenon on whom the order is to be i8r¥edts ' mmor, iiii'vice u1pt7a his pardian or vpcm «ny adult male member or servant of his family shall be deemed to be service upon the minor 10 (4) any person aggrieved oy the order of the collector under salb-eecti'oo (2) may, with1u a period of thirty days from the ,date of the service of the order, prefer an appeal to the district court within whose jurisdiction the property is situate and the decision of the district court on such appeal shall! be final is explanation-in this sub-section, "d:lstriet court" 1d8ids,1i1 any area for which there is a city civil court, that court, and, in any other area, the principal civil court of original jurisdiction (5) where an order passed under sub-section (2) has not been complied with and the time for appealing against such 20 order has expired without an appeal havilng been preferred or the a:ppea1, if any, preferred within that time has been dismissed, the -conectqr shall dbtain posseasion of ate property in respect of which tlbe order has been: made, using such force, if any, as may he necesary fjor the puzpoae and deliver it to the board 25 (6) in exercising hi functions under this -sect101'1~ the colleetor shall be gutded by silch rules as maybe made 1n "tku behalf by the state goyetnment" u clause (g) of s~()n (i) of eeeticm 41 of the prtnetpal act shall be omitted 30 amestdmental mctlon41 13 in section 43 of the principal aet,-" amendmentof aectionu (a) in sub-seetion (1), for c1a1ule (b), the fodowmg clauses shall be substituted, namely:-a'(b) has ~ ~ ef en offence of __ ina! ~reech of trust or any- other oi!slce mvolviq jdlx'al turpi- 3' tude; 0jr' ' '(e) lidwi4'lopdittae  1inp0ily with the properties -lu ''''';01' ~ , (4-)' _ of lld!!9ijdclliilid4 qris, imfierme m other mental or phyaictu, ~ or 1n&mity: wbich would; nod hiaa udat to perfojl'dl the functjodl an4 discbarge the, duties of - mutawalli; i')< ha& ltaoad to pay, without 1"e8iiijdable· excuse, for two consecutive years, the contribution paydlt! by him uadetl seoijqq' 46"; (b) in sub-eection (2), after the wards "appointed' by the :aod", tha; woldl· uqii any' pel"8dn; o~' autborivy dot 1beldi'' court of law," ahall be inserted; (t), after sub-sect1on (4), the fbllaw1nr suft>saettcm shall be inserted, namely:-if (4a) a mutawalli who is aggrieved by lui ordeu: paiioo ed under any 04 ,the clauses (c) to (e) of sub--section (1) or under sub-secti<>n- (2)', may, within one month from the date otthereceipt by him otthe order, appeal against the order to the state government and the di!e1sioll of the state gofti1lment on such appeal shall be final and shall not de questiofted m any court of law;"; 20 (d) after sub-section (5), the followinlsub laotiou" ahall be inserted, name1y:-"(6) a mutawalli of a wald removed from his oftlce under this section shall not be eligible for appointment u a mutawalli of that wakf for a period of' five years trom the date of such removal" 35 1'- mter section 43 of the principal act, the following section ~ shall be' inserted, namely: -of new sectiqn 43a "43a (ii) where no suitableperaon ia avallablfoll appoint- assump ment as a mutawalli of a wakf under sectioo 42 or udder sub- tion of iection (i) of sectioo 43, the bofiii'd may, by nottilcatien in the direet ofticial gazette, asaume d1reot management of the· wakf' far :::=-siiohr period; or perioda, not exceeding in the aggregate five years, wakt b7 m,may bespecifted in the'ftotiftcation the board (2) notwfithstandtng anything contained in section 33, the aoeounts qt f!!'fery wakf' under the cltreet manag'!!ttent of· the board shall ibe audited annually ,by an auditor to be' appointed 1)y the board, from among chartered accountants in practice withm the meaning of the chartered accountant, ~ 1941" amendmentof lection46  '!s in section 45 of the principal act, fclr sub-eect1on (1), the toilowing wb-eection shall be substituted, namely:-, (1) the board may, either' on an application received under section 44 or on its own motion, (a) h~d an inquiry in such manner as ~y be pres-,s cribedjor (b) authorise any person in this behalf to hold ad m- quiry, '  ijl~ any :qlatter relatipg tq awakf and take such actian u it thinks fit" , ig, in section 46 of the principal act, in sub-section (1), for the word llfive", the word usix" shallibe substituted amendmentof section 46 amend-17 ~ section 48 qr the principal act, fen- sub-section (1), the mentof following sub-sections shall ,be substituted, namely:-&ection8  ii (1) all monies received or realised by the board under this is act and all other monies received as donations, benefactions or grants by the board shall form a fund to be called the wakf fund (1a) all monies received by the board as donations, benefactions and grants shall be deposited and accounted for under a 20 separate sub-head" 18 section 54 of the principal act shall ·be omitted omission of section 5t substitu-19 for section 55 of the principal act, the following section shall tion of be substituted, namely:-new section for section 55 institution of suits under section 92 of the code of civil procedure, 1908 1155 (1) a suit to obtain any of the reliefs mentioned in 2s section 92 of the code of civil procedure, 1908, relating to 8idy wakf may, notwithstanding anything to the contrary contained in that section, be instituted by the board without obtaining the consent referred to therein (2) no suit to obtain any of the !reliefs referred to in section 30 92 of the code of civil procedure, 1908, relating to any wakf shallibe instituted by any person or authority other than the board without the consent in writing of the board and for the institution of any such suit, it shall not be lilecessary to obtain the consent referred to in that section, notwithstanding anything 35 contained therein: n provided that nothing in this sub-section shall apply in relation to any such suit against the board" s 20 in section 62 of the principal act, for sub-section (1), the fo1- amendlowing sub-section shall be substituted, namely: _ me!lt of section 62 "(1) the central government may issue such directions, as it may think fit, on questions of pohcy to be followed by a board wld for issuing such directions it may call for any periodic or other report or inforl'illltion from any board through the government of the state concerned" 10 is 20 21 after section 66b of the principal act, the following section insertion o;hall be inserted, namely: -of new section 66c u66c notwithstanding anything contained in this act where a i'  pp lcaany movable or immovable property has been given or donated tion of ,by any person not professing islam for the support of a wrkf act to beingproperties given or (a) a mosque, idgah, imambara, dargah, khangah or a donated maqbara; by persons not profes-(b) a muslim graveyard; sing islam f for support (c) a choul~ry or a musafarkhana for the sole be'nefit 0 of certain persons professmg islam, wakfs then such property shall be deemed to be compris~ in that waid and be dealt with in the same manner as the wakf in which it is so comprised" 22 in section 67 of the principal act,-amend-  () f h d" (a) in sub-section 1 , or t e wor s purposes 0 f tho a tit ment 01 is c 'section 67 the words, figures and letter /'purposes of this act other than 2s those of chrapter iia" shall be substituted; (b) in sub-section (2), in clause (h), the words /land approved by the state government" shan be omitted 23 in section 69 of the principal act, in clause (2) of sub-section amend-(1), the words and figure "section 5 of" shall be omitted ment of section 69 30 24 mter section 69 of the principal act, the following section and insertion schedule shall he inserted, namely:-ofnt~w 70 sec ion and sche-"70 if any difficulty arises in ~ving eff~ to the provilllfons dule of this act the central government may by order published in r,emov~1 of the official gazette, make such provisions not inconsistent with difficulties, 214 (b) ls-2 l~e purposes of this act, as appear to it to be necessary or expedlent for removing the ditliculty  the schedule [see section 9 (la)] list of amendments1 in suh-section (2) of section 5, for the woii'ds "a list of wakfs", the words "a list of sunm walds or, as the c&<;e may be, shia wakfs" shall be substituted 2 in section 11,-(a) for clause (b), the following clause shall be substi- 10 tuted, namely:- (b) ,persons having knowledge of muslim law and representing, in the case of a sunni board of wakfs, associations such as state j'amiat-u1-ulama-i-hind (whether such persons are hanafi, ahle-hadis or shefai) 15 and in the case of a shia board of wakfs, associations such as state shia conference;"; (b) the second proviso shall be omitted 3 in clause (e) of sub-section (2) of section 15, the exp'£anation shall be omitted 20 4 for section 27, the following section shall be substituted, namely:-decision if a property is wakf property "27 (1) the board may itself collect information regarding any property which it has reason to believe to be wakf property and if any question arises whether a particular 25 property is wakf property or not or whether a wald is a sunni wakf or a shia wakf, it shall refer the question to a civil court of competent jurisdiction (2) the decision of the civil court on any question referred to it under sub-section (1) shall be fina!" 30 the wakf act, 1954 was enacted to provide for the better ad ministj: ation and supervision of wakfs the act was amended in 1959 for the limited purpose of removing certain difficulties arising out of re-organisation of states experience of the working of the act over the last ten years has revealed certain difficulties it is, therefore, proposed to amend the act to remove these difficulties and to ensure better administration of wakfs by mutawallis 2 the main features of the bill are: (i) the definition of beneficiary in regard to objects of public utility is being broadened to cover all objects sanctioned by muslim law endowments made by non-muslims for support of certain muslim religious and pious institutions will also come under the purview of the act (ii) a central wakf council is proposed to be established (iii) a provision is being made to enable the establishment of separatq sunni and shia boards in any state in which the shia wakfs constitute in number more than fifteen per cent of the total number of wakfs in that state or the income of the property of shia wakfs constitutes more than fifteen per cent of the income of all the wakfs in the state (iv) to check mutawallis from alienating wakf properties, a specific provision is being made to clarify that alienations without the sanction" of the board will be invalid as a further step in this direction, it is also being provided that where mutawallis illegally alienate properties already determined as wakf properties, the board can recover possession by issuing certificates to collector a right of appeal to the district court mainst the order of the collector is also being provided for (v) authority is being conferred on the bo~rd to rem~ve mutawallis on some additional grounds not mentioned 10 section 43 and to assume direct management of wakfs for a period not exceeding five years in cases where no suitable mutawallis are available 3 the notes on clauses explain in detail the various changes proposed to be made new delhi; the 9th april, 1964 humayun kabir c!ause 2-the definition of 'beneficiary' in section 3 (a) of the act 1ovol:es a deviation from the real concept of beneficiary under the musl~m l~w which makes no distinction between muslims and non-mushms 10 the matter of beneficiaries or disbursement of charity it is to that extent inconsistent with the definition of 'wakf' contained in the act sub-clause (i) seeks to amend the definition of 'beneficiary' to remove this inconsistency  the amendments sought to be made by sub-clauses (ii), (iii) and (iv) are of a consequential and drafting nature the definition of wakf in section 3 includes inter alia mashrut-ulkhidmat (service grants) the definition is being widened to include all grants clause 3-at present, the cost of publication of the list of walds in the official gazette is met by the board as the cost is fairly heavy and the publication of the list, besides being really a concluding part of the survey, is meant essentially for the benefit of wakfs, it is only proper that the expenditure incurred on such publication should come from the wakfs themselves this clause therefore seeks to amend sub-section (1) of section 7 suitably for the purpose clause 4-section 62 of the act confers on the cenfl'al government power to give directions, on questions of policy to be followed by the boards set up under the act in various states experience has revealed that for the efficient discharge of this power, the central government should have proper advice for this purpose, the establishment of a central wakf council is being provided for in clause 4 (vide new section sa) as regards the finances of the council, the clause provides for the formation of a fund to be called the central wald fund, consisting of contributions from the boards of wakfs in various states and all other monies received by the council as donations, benefactions or grants (vide new section 8s) suitable provisions are also incorporated for the audit of the accounts of the councu(vide new section 8c)  cia" •• 5-the act does not previde for the, estab~ent of separate boardt for sunm wpfl and sb1a wald in any state it 1& i, felt that in any state in which the number of shia walds is fairly large to justify the establishment of a separate board for shia wakfs this should be allowed accordingly, clause 5 seeks to amend sec~ tion 9 of the act for providing that a state goveruunent may establi!h separate boards for sunni walds and shia wakfs if the shia , walds in the state constitute in number more than 15 per cent of the total number of wakfs in the state or if the income of the shia wakfsr in the state constitutes more than 15 per cent of the total income of all the wakfs in the state all the consequential amendments have been relegated to the schedule for the sake of convenience ctause 6-the word "sp~cial' used in clauses (b) and (c) of section 11 is being omitted as unnecessary clause 7-under clause (e) of sub-section (2) of section 15, the board h~s power to direct in what manner the income or surplus income of a wakf whose objects have ceased to exist should be utilised this provision is being amplified to cover cases where though the ubjects of a walds have not ceased to exist, they have become incapable of achievement under section 15 (2) (j), sanction of at least three-fourths of the members of the board is necessary for any lease of property for more than three years or for any mortgage or exchange of property the i!lauge is being amended to reduce the proportion of num·her of members whose concurrence is necessary from three-fourths to twothirds the other changes made in the clause are consequential to the insertion of proposed section 36a (bee notes on clause 11) clause 8-section 22 has been interpreted to mean that the board can delegate its powers to individual members but not to a committee of members the section is being amended to enable delegation being made to such committees as well ci:ause 9-a new sulb-section is being added to section 23 to provide that in addition to ~he secretary any other officer or servant of the board authorised for the purpose by the board would be competent to issue certified copies of the records of the board clause lo-section 32 of the act is being amended to make it cle8l' that mutawallis should maintain regular accounts cta1l8e b-under proposed section 36a which is modelled on similar provisions in certain enactments relating to public' tnhts, transfers of wakf property by way of eale,gift, exchange or mortg 86 a~ transfers of such property by way of lease for a period exceedmg three years in the case of agricultural land and one year in the case of non-agricultural land or building will be invalid if such transfers have been effected without the previous sanction of the board in order to effectively check unscrupulous mutawallis from alienating wakf properties hi contravention of the law and to protect the interests of walds a special provision is made in new section 36b to the effect that where a mutawalli alienates wakf property entered as such in the register of wakfs without the previous sanction of the board as required by section 36a, the board can recover possession of such property by sending a requisition to the collector a provision has also been made for appeal to the district court by any person aggrieved by the order of the collector clame 12-the deletion of clause (g) of sub-section (1) of section 41 is consequential to the amendment proposed to section 43 so as to provide for removal of a mutawalli who fails without reasonable excuse, for two consecutive years to pay the contribution under section 46 clause 13-the scope of sub-section (1) of section 43 is being enlarged to specify certain additional grounds for removal of mutawallis sub-section (2) of section 43 is being amended to provide that the board can supersede any committee appointed by any person or authority other than a court of law, if the committee fails to discharge its functions properly to avoid injustice, a new sub-section is being added to section 43 giving a right of appeal to any mutawalli aggrieved by an order o~ removal under sub-section (2) of that section or under the new grounds proposed to be incorporated in sub-section (1) clause 14-proposed section 43a is intended to enable the board to assume direct management of a wakf for a period or periods not exceeding five years in the aggregate where no suitable person is available for appointment as mutawalli thereof cla1ue 15~ub-section (1) of section 45 is being recast, so as to make the intention clear clau8e 16- to cover the contribution payable b" boards to the central wakf council under proposed section 8b (vide clause 5), ~he maximum limit of contribution payable by a mutawalli under section 45 is being raised from 5 to 6% of the net annual income of the property of the wakf situate in the state clause 17-the amendment by this clause is self-explanatory clause 18-section 54 is being omitted as unnecessary clause 19-seclion 5~ has been interpreted by the 'kerala high court to mean that a person desiring to institute a suit under the provisions of any of the acts mentioned in the section has to obtain in addition to the consent of the board the consent of the authorities specified under the provisions of those acts this was not the original intention accordingly, the section has been recast to bring out the real intention clause 20-sub-section (1) of section 62 is being recast to make the intention clear clause 21-the definition of wakf under section 3 (1) requires that the dedication must be made by a person professing islam it does not cover endowment!; made by non-muslims for the support of muslim institutions like dargahs, etc in madras, this difficulty has been got over by a local amendment to the act as !;imilar endowments exist in other states also new section 66c is being inserted to bring such endowments within the purview of the act clause 22-clause (h) of section 67 (2) provides that the state government can frame rules prescribing the form and time of submission of budget of the board and its approval' :by the state government the approval of the budget by the state government is not consistent with the scheme of the act and creates difficulty in actual practice it is not even necessary as no government money is involved the words "and approved by the state government" are, therefore, being omitted clause 23-under clause (2) of section 69 (1) of the act, only section 5 of the religious endowments act, 1863 has been made inapplicable to walds the section is being amended to make the religious endowments act, 1863 in its entirety inapplicable to wakfs this is necessary as a committee set up under the 1863 act exercises almost the same functions as a board does under the wakf act further"lacking the finances and resources of the board, such committees ·cannot be as effective as the boards clause 24-a new section 70 has been inserted to provide for removal of difficulties in the imrlementation of the provisions of the act clause 4 of the bill which inserts a new chapter iia provides for the establishment of a central wakf counci1 new section 8d forming part of this chapter empowers the central government to make rules for carrying out tbe purposes of this chapter the matters in respect of which such rules may be made relate inter alia to the term of office of, the procedure to be followed in the discharge of their functions by, and thentanher of filling casual vacancies among, the members of the central wakf council sub-seetion (6) of new section 36b (vide clause 11) em:powers the state government to make rules fo1' the guidance of collectors required under that section to obtain possession of -eertaitl wakf properties the matters in respect of which delegation of legislative power has been provided for are thus matters of procedure, fann or detail ,nd as such the delegation is of a normal character - 214 (b) ls-3  annexure- - -  extracts from the wakp act, 1954 (29 of 1954) •- -  chapter i- - - prl:limin'ary - - - de1initionl i in thill act, unless the conltext otherwise requires,-(a) "beneficiary" means a person or object for whose beneftt a wald is created and includes religious, pious and charitable objects and any other objects of public utility established for the beneftt of the muslim community; - - - - - (e) uboard" means a board of wakfs established under seetion 9; - - - - - - (i) ''prescribed'' means prescribed by rules made by the state government under this act and includes the regulations made by the board under this act; - - - - - - (1) "wald" means the permanent dedication by a person ·professing islam of any movable or immovable property for any purpose recognised by the muslim law as pious, religious or cl1arltabl~d includes-- - (i) a wakf by user; (ii) mashrut-ul-khidmat; and - - - - -  chapter n suavn of w aim! - •- - - t (1) the total cost of making a survey under this chapter shall keeovery be borne by all the mutawallis in proportion to the income of the of costa property of the walds situated in the state, such proportion being of surve)' assessed by the commisioner - - - - - - incorporation esta1ilishment of boards and their functions 9 (1) with effect from such date a8 the state government may, by notification in the official gazette, appoint in this behalf, there shall be established a board of wakfs under such name as may be specified in the notification appointmentof members (2) the said board shall be a body corporate having perpetual succession and a common seal with power to acquire and hold property and to transfer any such property subject to luch conditions and restrictions as may be prescribed and shall by the said name sue and be sued - - - - - - 11 the members of the board shall be appointed by the state government, by notification in the official gazette, from anyone or more of the following categories of persons, namely:-- 15 - • - • - • - • - • (b) persons having special knowledge of muslim law and representing associations such as stat,e jamiat-ul-ulama-i-hind (whether such per;ons are hanafi, ahle-hadis or shefai) or state shia conference; functions of the board (c) persons having speciel knowledge of administration, finance or law; - - - - - - (2) without prejudice to the generality of the foregoing power, the functions of the board shall be-- - - - - - (e) in any case where the objects of the wakf are not evident from any written instrument or the objects for which they were created have ceased to exist, to direct in what manner the income of the wakf or the surplus income thereof shall be utilised; but nu such direction shall be given without giving the parties affected an oppo:rtunity of being heard - - - - - (j) to sanction leases of property for more than three years or mortgage or exchange properties according to the provisions of muslim law: provided that no such sanction shall be given unlees at least three-fourths of the members of the board vote in favour of such a transaction; - - - - - - 22 the board may, by a geqee~ or special order in writing, deleglldelegate to the chairman or any other member or to the secretary tion or any other oftlcer or servant of the board, subject to such conditions and1imiiations (if any) as may be specitied in the order, sucb qf its powe:no and duties under thi~ aot as it may deem necessary· - - - - - - penalu  41 (1) 1f a mutawalli fails-- - - - - - (g) to pay the contributions payable under section 46; - - - - - - 43· (1) notwithstal:\dingapythiilg ~ontained in any other law or removalof the deed of wakf, the 130ard may remove a mutawalli from his office muta if such mutawalliwallis - - - - - (b) has been convicted of an offence of criminal breach of trust or any other offenqe involving mo~ turpitude  (2) where a committee is appointed by the board to act as a mutawalli for managing or administering any waldproperty and the committee, in the opinion of the board, is unable to perform, or has persistently made default in the perfprmance of, the duty imposed on it by or under this act or has exceeded or abused its powers, the board may supersede the committee and appoint any other person or committee to act as the mutawalli of the wald property - - - - - -u (1) the boord may, either on an application received under inquiry by section 44 or on its own motion, institute an inquiry into any matter the board relating to a wakf and shall hold the inquiry in such manner as may be prescribed or authorise any person in this behau to hold the inquiry - - - -  chapter vi finance of the board46 (1) the mutawalli of every \wkf shall pay annually to the annual board sljch contribution not exc~ding five per cent of the net annual contribuincome of such of its property as is situate in the state as the board may, subject to the sanction of the state government, from ti~ to time, determine: tions payable to the board provided that no such contribution shall be paj9ble by the muta~ walli of a wakf of which the net annual income does not exceed o~e hundred rupees  - - - - - wakt 48 (1) all moneys received by the board under section 46 and-all fund other moneys realised ,by the board utlder this act shall form a fund to be called the weld fund  - - - - - - noftnan-54 the state government shall not be liable for any expnlditure cial liability " incurred in connection with the administration of this act of governmen\  chapter vii judicial proceepingsinstitution of suits under section 14 of the religious endow-55 (1) a suit to obtain any of the reliefs mentioned in section 14 of the religious endowments act, 1863 and in section 92 of the code 20 of 1883 of civil procedure, 1908, relating to any wakf may, notwithstanding 5 of 1908 anything to the contrary contained in those acts, be ielstituted' by the board without obtaining the leave or consent referred to in those acts mentsact, 1863 and (2) no suit to obtain any of the reliefs referred to in sub-section section 92 (1) relating to a wakf shan be instituted by any person or authority - of the code other than the board without the consent in writing of the board: of civil procedure, 1908 - - provided that no such consent shall be required for the institution of a suit against the board in respect of any act purporting to be done by it in pursuance of this act or of any rules or orders made thereunder - - - -  chapter vni mlscellaneous62 (1) the central government may call for any report or information from the government of any state with respect to the functioning of the board in that state and after considering such report or information, the central government may 188ue iuch direc-directions by the central government lions oh questions of polley to be followed by the board as it may think fit - - - - - - 67 (1) the state government may, by notification in the om- powerto cial gazette, make rules to carry out the purposes of this act mlake ru ea (z) in particular, and without prejudice to the generality of the  foregoing power, such rules may provide for all or any of the following matters, namely:-- - - - - (h) the form in which, and the time within which, the budget of the boud may be prepared and submitted by the board and approved by the state government; - - - - - - 69 (1) the following enactments, namely:-(1) the bengal charitable endowments, repeal and public buildings laving • and escheats regulation, 1810; ~alre­gulation xix of 1810 10 of 1883 (z) section 5 of the religioug endoments act, 1863; - - - - - - shall not apply to any wakf to which this act applies - - - - - - a bill further to amend the wakf act, 1954 (shri humayun kabir, minister of petroleum and ch£micals) 