 the wakf (amendment) bill, 1959(as introduced in lok sabha on 3rd august, 1959)  the wakf (amendment) bill, 1959 (as introduced in lok sabha) a billto amend the wakf act, 1954 be it enacted by parliament in the tenth year of the republic of india as follows:-1 this act may be called the wakf (amendment) act, 1959 short title 9 of t954 2 in sub-section (3) of section 1 of the wakf act, 1954 (herein- amendment s after referred to as the principal act> ,_ of section i (a) in the proviso, the word "delhi," shall be omitted; and (b) after the proviso, the following further proviso shall be inserted, namely:-10 7 of 1956 "provided further that where on account of the territorial changes brought about by the states reorganisation act, 1956 this act is, as from the 1st day of november, 1956, applicable only to a part of a state, the central government may, by notification in the official gazette, bring this act into force in the remaining part of that state with effect from such date as may be specified in the notification" 3 for sub-section (1) of section 10 of the principal act, the fol- amend!uent lowing sub-section shall be substituted, namely: _ of section 10 "(1) the board shall consist of-20 (a) eleven members in the case of a state and the union territory of delhi; and (b) five members, in the case of any other union territory" 4 after section 66 of the principal act, the following sections new sections shall be inserted, namely:-special provision for reorganisation of eert&in boards '66a (1) where on account of the reorganisation of states under the states reorganisation act, 1956, the whole or any part of a state in respect of which a board was, immediately before 5 the 1st day of november, 1956, functioning has been transferred on that day to another state and by reason of such transfer, it appears to the government of a state in any part of which the board is functioning that the board should be dissolved or that it should be reconstituted and reorganised as an intra-state 10 board for the whole or any part of that state, the state government may frame a scheme for such dissolution or such reconstitution and reorganisation, as the case may be, including proposals regarding the transfer of the assets, rights and liabilities of the board to any other board or state government and the 15 transfer or re-employment of employees of the board and forward the scheme to the central government (2) on receipt of a scheme forwarded to it under sub-section (1), the central government may, after consulting the state governments concerned, approve the scheme with or 20 without modifications and give effect to the scheme so approved by making such order as it thinks fit (3) an order under sub-section (2) may provide for all or any of the following matters, namely:-(a) the dissolution of the board; (b) the reconstitution and reorganisation in any manner whatsoever of the board including the establishment, where necessary, of a new board; (c) the area in respect of which the reconstituted board or new board shall function and operate; 30 (d) the transfer, in whole or in part, of the assets, rights and liabilities of the board (including the rights and liabilities under any contract made by it) to any other board or state government and the terms and conditions of such transfer; 35 (e) the substitution of any such transferee for the board, or the addition of any such transferee, as a party to any legal proceeding to which the board is a party; and the transfer of any proceeding pending before the board to any such transferee; 40 37 of 1956• (f) the transfer or re-employment of any employees of the board to, or by, any such transferee and subject to the provisions of section 111 of the states reorganisation act, 1956, the terms and conditions of service applicable to such employees after such transfer or re-employment; s (g) such incidental, consequential and supplemental matters as may be necessoary to give effect to the approved scheme (4) where an order is made under this section transfer-10 ring the assets, rights and liabilities of any board, then, by virtue of that order, such assets, rights and liabilities of the board shall vest in, and be the assets, rights and liabilities of, the transferee (5) every order made under this section shall be publish-15 ed in the official gazette and this act and the notifications issued thereunder shall have effect subject to the provisions of the order (6) every order made under this section shall be laid before each house of parliament, as soon as may be, after it is 20 made 37 of 1956 66b (1) where on account of the territorial changes brought special proabout by the states reorganisation act, 1956, this act is, as from ~!~~~li!~~ the 1st day of november, 1956, applicable only to any part or parts ment of of a state but has not been brought into force in the remaining ~:t~f :or part thereof, then, notwithstanding anything contained in this state act, it shall be lawful for the government of the state to establish one or more boards for such part or parts and in such a case, any reference in this act to the word "state" in relation to a board shall be construed as a reference to that part of the state for which the board is established 35 (2) where any such board has been established and it appears to the government of the stl1te that a board should be established for the whole of the state, the state government may, by order notified in the official gazette, dissolve the board established for the part of the state or reconstitute and reorganise such board or establish a new board for the whole of the state and thereupon, the assets, rights and liabilities of the board for the part of the state shall vest in, and be the assets, rights and liabilities of the reconstituted board or the new board, as the case may be' prior to the reorganisation of states on the 1st november, 1956, the wakf act, 1954, was brought into force in certain states only and boards of wakfs had also been set up for some of them the act was not, however, brought into force in all the states on account of the reorganisation of states, certain difficulties have arisen in the working of this act some of the boards established und:r the act have, since 1st november, 1956, been functioning in respect of two or more states, while in some other cases there is more than one board functioning in the same state this is not a satisfactory arrangement it is, therefore, necessary to reconstitute such boards as intra-state bodies it is accordingly proposed to empower the central government to make, wherever necessary, suitable orders for the reconstitution of these boards and for the division of their assets and liabilities in regard to the composition of the boards, the act makes a distinction between part a states, part b states and part c states this distinction no longer holds good it is, therefore, proposed to provide that each board, when it is constituted for any of the states on the union territory of delhi, should have eleven members while the boord for any other union territory, should have five members only 2 in some of the states, the act is in force in certain parts only and it is proposed to empower the central government to bring the act into force in the remaining part of such states if, however, for any reason it is not found feasible to bring the act into force in the remaining part of any such state and establish a board for the whole of the state, it would at least be desirable to have a board for such part or parts of the state where the act is already in force under the act, as it stands at present, it is not permissible for a state government to form a board for a part of a state only it is, therefore, proposed to empower a state government to establish a board for a part of a state also in such cases 3 the present bill seeks to achieve these objects h mohammad ibrahim new delhi; the 9th july, 1959 new section 66a inserted by clause 4 of the bill empowers the central government to make an order to give effect to a scheme for the reorganisation of any board which, on account of the reorganisation of states, is functioning in more than one state, at the instance of any of the state governments concerned with that board the state government would frame a scheme for the purpose and the central government, after consulting the other state governments, would give effect to the scheme by making an order and notifying it in the official gazette having regard to the circumstances of the case, the delegation of legislative power is of a normal character moreover, every order to he made under new section 66a shall be laid before both houses of parliament  extracts from the wad act, 1954 (no 29 or 1954)short title, extent and commencem:nt an act to provide for the better administration and supervision of "'akfs - - - - chapter i preliminary 1 (1) - - - - - - - - (3) it shall come into force in a state to which this act extends on such date as the centr·ll government may, by notification in the official gazette, appoint in this behalf for that state; and different dates may be appointed for different states: provided that in respect of any of the states of bihar, delhi, uttar pradesh and west bengal, no such notification shall be issued except on the recommendation of the state government concerned  - - - - chapter iii establishment of boards and their functions - - - - 10 (1) the board shall consist of-composition of the board, (a) eleven members in the case of each of the states specified in i\irt a of the first schedule to the constitution; (b) seven members in the case of each of the states specified in part b of the first schedule to the constitution; and (c) five members in the case of each of the states specified in part c of the first schedule to the constitution: provided that any state government may, by notification in the official gazette, vary the number of members in the board and fix such number, not exceeding eleven members, as it thinks fit and in such a case, the board shall consist of the number of members specified in the notification (2) there shall be a chairman of the board who shall be elected by the members from amongst themselves - - - - 6 a bill to amend the wakf act, 1954 (hafiz mohammad ibrahim, minister of irrigation and power) 