CHAP ESTABLISHMENT OF BOARDS AND THEIR FUNCTIONS CHAPTER II ESTABLISHMENT OF BOARDS AND THEIR FUNCTIONS
- Incorporation (1) With effect from such date as 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
1*[(1A) Notwithstanding anything contained in sub-section (1), if the Shia wakfs in any State constitute in number more than fifteen per cent. of all the wakfs in the State or if the income of the properties of the Shia wakfs in the State constitutes more than fifteen per pent. of the total income of the properties of all the wakfs in the State, the State Government may, by notification in the Official Gazette, establish a Board of Wakfs each for Sunni Wakfs 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.]
(2) 2*[The 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 such conditions and restrictions as may be prescribed and shall by the said name sue and be sued.
Composition of the Board.
- Copmposition of the Board [(1) The Board shall consist of– (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 ]
(2) There shall be a Chairman of the Board who shall be elected by the members from amongst themselves.
Appointment of members. 11. Appointment of members. The members of the Board shall be appointed by the State Government, by notification in the Official Gazette, from any one or more of the following categories of persons, namely :- (a) members of the State Legislature and members of Parliament representing the State ; (b) persons having 1* knowledge of Muslim law and representing associations such as State Jamiat-ul- Ulama-i- Hind 1 Ins. by Act 34 of 1964, s. 5. 2 Subs. by s. 5, ibid., for “The said Board”.
3 Subs. by Act 30 of 1959, s. 3, for sub-section (1). 4 The word “special” omitted by Act 34 of 1964, s. 6. 111 (whether such persons are Hanafi, Ahle-Hadis or Shefai) or State Shia Conference ; (c) persons having 1*** knowledge of administration, finance or law ; (d) mutawallis of wakfs situate within the State : Provided that in no case more than one mutawalli shall be appointed to the Board : Provided further that in determining the number of Sunni members or Shia members in the Board, the State Government shall have regard to the number and value of Sunni wakfs and Shia wakfs to be administered by the Board.
Term of office. 12. Term of office. The members of the Board shall hold office for five years : Provided that a member shall, notwithstanding the expiration of his term of office, continue to hold office until the appointment of his successor is notified in the Official Gazette.
Disqualifications for being appointed, or for continuing as, a memberof the Board. 13. Disqualifications for being appointed, or for continuing as, a member of the Board. A person shall be disqualified for being appointed, or for continuing as, a member of the Board– (a) if he is not a Muslim and is less than twenty-one years of age ; (b) if he is found to be a person of unsound mind ; (c) if he is an undischarged insolvent ; (d) if he has been convicted of an offence involving moral turpitude ; (e) if he has, on any previous occasion, been removed from the office of a member or has been removed by order of a competent court from any position of trust either for mis-management or corruption.
Meetings of the Board.
- Meetings of the Board. (1) The Board shall meet for the transaction of business at such times and places as may be
- The Chairman, or in his absence, any member chosen by the members from amongst themselves, shall preside at a meeting of the
- Subject to the provisions of this Act, all questions which come before any meeting of the Board shall be decided by a majority of votes of the members present, and in the case of equality of votes, 1 The word “special” omitted by Act 34 of 1964, s. 6. 112 the chairman or, in his absence, any other person presiding shall have a second or casting
Functions of the Board.
- (1) Functions of the Board. Subject to any rules that may be made under this Act, the general superintendence of all wakfs in a State shall vest in the Board established for the State ; and it shall be the duty of the Board so to exercise its powers under this Act as to ensure that the wakfs under its superintendence are properly maintained, controlled and administered and the income thereof is duly applied to the objects and for the purposes for which such wakfs were created or intended : Provided that in exercising its powers under this Act in respect of any wakf, the Board shall act in conformity with the directions of the wakif, the purposes of the wakf and any usage or custom of the wakf sanctioned by the Muslim
- Without prejudice to the generality of the foregoing power, the functions of the Board shall be– (a) to maintain a record containing information relating to the origin, income, object and beneficiaries of every wakf ; (b) to ensure that the income and other property of wakfs are applied to the objects and for the purposes for which such wakfs were created or intended ; (c) to give directions for the administration of wakfs ; (d) to settle schemes of management for a wakf : Provided that no such settlement shall be made without giving the parties affected an opportunity of being heard ; (e) 1*[to direct– (i) the utilization of the surplus income of a wakf consistently with the objects of the wakf ;
(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 ceased to exist or has become incapable of achievement, 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 clause without giving the parties affected an opportunity of being heard.]
—— 1 Subs. by Act 34 of 1964, s. 7, for certain words. 113 Explanation.–For the purposes of this clause, the powers of the Board shall be exercised,– (i) in the case of a Sunni wakf, by the Sunni members of the Board only ; and (ii) in the case of a Shia wakf, by the Shia members of the Board only : Provided that where having regard to the number of the Sunni or Shia members in the Board and other circumstances, it appears to the Board that its power should not be exercised by such members only, it may co-opt such other Muslims being Sunnis or Shias, as the case may be, as it thinks fit, to be temporary members of the Board for exercising its powers under this clause ; (f) to scrutinise and approve the budgets submitted by mutawallis and to arrange for the auditing of accounts of wakfs ; (g) to appoint and remove mutawallis in accordance with the provisions of this Act ; (h) to take measures for the recovery of lost properties of any wakf ; (i) to institute and defend suits and proceedings in a court of law relating to wakfs ; 1*[(j) to sanction in accordance with the Muslim law, any transfer of immovable property of a wakf by way of sale, gift, mortgage, exchange or lease, as required by section 36A : Provided that no such sanction shall be given unless at least two-thirds of the members of the Board vote in favour of such transaction ;] (k) to administer the Wakf Fund ; (l) to call for such returns, statistics, accounts and other information from the mutawallis with respect to the wakf property as the Board may, from time to time, require ; (m) to inspect, or cause inspection of, wakf properties, accounts or records or deeds and documents relating thereto ; (n) to investigate and determine the nature and extent of wakfs and wakf property ; and to cause, whenever necessary, a survey of the wakf properties ; ————-
——————————————————– 1 Subs. by Act 34 of 1964, s. 7, for cl. (j). 114
(o) generally do all such acts may be necessary for the due control, maintenance and administration of wakfs.
- Where the Board has settled any scheme of management under
clause (d) of sub-section (2) or given any direction under clause (e)
of sub-section (2), any person interested in the wakf or affected by such settlement or direction may institute a suit in a civil court of competent jurisdiction for setting aside such settlement or directions and the decision of the civil court thereon shall be final.
Committees of the Board.
- Committees of the Board. (1) The Board may, whenever it considers necessary, establish either generally or for a particular purpose or for any specified area or areas committees for the supervision of
(2) The constitution, functions and duties of such committees shall be determined from time to time by the Board : Provided that it shall not be necessary for the members of such committees to be members of the Board.
Resignation of Chairman and members. 17. Resignation of Chairman and members. The Chairman or any other member may resign his office by writing under his hand addressed to the State Government : Provided that the Chairman or the members shall continue in office until the appointment of his successor is notified in the Official Gazette.
Removal of Chairman and members.
- Removal of Chairman and members. (1) The State Government may, by notification in the Official Gazette, remove the Chairman of the Board or any member thereof if he– (a) is or becomes subject to any disqualifications specified in section 13 ; or (b) refuses to act or is incapable of acting or acts in a manner which the State Government, after hearing any explanation that he may offer, considers to be prejudicial to the interests of the wakfs ; or (c) fails, without excuse sufficient in the opinion of the Board, to attend three consecutive meetings of the Board.
(2) Where the Chairman of the Board is removed under sub-section (1), he shall also cease to be a member of the Board.
Filling of a vacancy. 19. Filling of a vacancy. When the seat of a member becomes vacant by his removal, resignation, death or otherwise, a new member shall be appointed in his place and such member shall hold office so long as the member whose place he fills would have been entitled to hold office, if such vacancy had not occurred. 115
Vacancies amongst members or defect in the constitution not toinvalidate acts or proceedings of the Board. 20. Vacancies amongst members of defect in the constitution not to invalidate acts or proceedings of the Board. No act or proceeding of the Board shall be invalid by reason only of the existence of any vacancy amongst its members or any defect in the constitution thereof.
Secretary and other officers of the Board.
- Secretary and other officers of the Board. (1) There shall be a Secretary to the Board who shall be a Muslim and shall be appointed by the State Government, in consultation with the Board.
- The Secretary shall be the Chief Executive Officer of the Board and shall be under its administrative
- The Board may appoint such other officers and servants as it may consider necessary for the efficient performance of its functions under this
Delegation. 22. Delegation. The Board may, by a general or special order in writing, delegate to the Chairman or any other member or to the Secretary or any other officer or servant of the Board 1*[or any committee thereof], subject to such conditions and limitations (if any) as may be specified in the order, such of its powers and duties under this Act as it may deem necessary.
Inspection of records and issue of copies.
- Inspection of records and issue of copies. (1) The Board may allow inspection of its proceedings or other records in its custody and issue copies of the same on payment of such fees and subject to such conditions as may be prescribed.
(2) All copies issued under this section shall be certified by the Secretary of the Board in the manner provided in section 76 of the Indian Evidence Act, 1872. (1 of 1872.)
2*[(3) The powers conferred on the Secretary by sub-section (2) may also be exercised by such other officer or officers of the Board as may either generally or specially be authorised in this behalf by the Board.]
Prevention of disqualification for membership of Parliament. 24. Prevention of disqualification for membership of Parliament. It is hereby declared that the offices of Chairman and members of a Board shall not disqualify, and shall be deemed never to have disqualified, the holders thereof for being chosen as, or for being, members of Parliament. 1 Ins. by Act 34 of 1964,
- 8. 2 Ins. by s. 9, ibid. 116
CHAP REGEISTRATION OF WAKFS CHAPTER IV REGISTRATION OF WAKFS
- Registration. (1) Every wakf whether created before or after the commencement of this Act shall be registered at the office of the Board.
- Application for registration shall be made by the mutawalli : Provided that such applications may be made by the wakif or his descendants or a beneficiary of the wakf or any Muslim belonging to the sect to which the wakf
- An application for registration shall be made in such form and manner and at such place as the Board may prescribe and shall contain the following particulars, so far as possible– (a) a description of the wakf properties sufficient for the identification thereof ;
(b) the gross annual income from such properties ; (c) the amount of land revenue and cesses, and of all rates and taxes annually payable in respect of the wakf properties ; (d) an estimate of the expenses annually incurred in the realisation of the income of the wakf properties ; (e) the amount set apart under the wakf for– (i) the salary of the mutawalli
and allowances to individuals ; (ii) purely religious purposes ; (iii) charitable purposes ; and (iv) any other purposes ; (f) any other particulars prescribed by the Board.
- Every such application shall be accompained by a copy of the wakf deed or if no such deed has been executed or a copy thereof cannot be obtained, shall contain full particulars, as far as they are known to the applicant, of the origin, nature and objects of the
- Every application made under sub-section (2) shall be signed and verified by the applicant in the manner provided in the Code of Civil Procedure, 1908 (5 of 1908.) for the signing and verification of
- The Board may require the applicant to supply any further particulars or information that it may consider
- On receipt of an application for registration, the Board may, before the registration of the wakf, make such inquiries as it thinks fit in respect of the genuineness and validity of the application and the correctness of any particulars therein and when the application is 117 made by any person other than the person administering the wakf property, the Board shall, before registering the wakf, give notice of the application to the person administering the wakf property and shall hear him if he desires to be
- In the case of wakfs created before the commencement of this Act, every application for registration shall be made, within three months from such commencement and in the case of wakfs created after such commencement, within three months from the date of the creation of the
Register of wakfs. 26. Register of wakfs. The Board shall maintain a register of wakfs which shall contain in respect of each wakf copies of the wakf deeds, when available and the following particulars, namely :– (a) the class of the wakf ; (b) the name of the mutawalli ; (c) the rule of succession to the office of mutawalli under the wakf deed or by custom or by usage ; (d) particulars of all wakf properties and all title deeds and documents relating thereto ; (e) particulars of the scheme of administration and the scheme of expenditure at the time of registration ; (f) such other particulars as may be prescribed.
Decision if a property is wakf property.
- Decision if a property is wakf property. (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 property is wakf property or not or whether a wakf is a Sunni wakf or a Shia wakf, it may, after making such inquiry as it may deem fit, decide the question.
(2) The decision of the Board on any question under sub-section
- shall, unless revoked or modified by a civil court of competent jurisdiction, be
Power to cause registration of wakf and to amend register. 28. Power to cause registration of wakf and to amend register. The Board may direct a mutawalli to apply for the registration of a wakf, or to supply any information regarding a wakf or may itself cause the wakf to be registered or may at any time amend the register of wakfs.
Notification of change in registered wakfs.
- Notification of change in registered wakfs. (1) In the case of any change in the management of a registered wakf due to the death or retirement or removal of the mutawalli, the incoming mutawalli shall forthwith, and any other person may, notify the change to the Board. 118
- In the case of any other change in any of the particulars mentioned in section 25, the mutawalli shall, within three months from the occurrence of the change, notify such change to the
Savings. 30. Savings. Notwithstanding anything contained in this Chapter, where any wakf has been registered before the commencement of this Act under any law for the time being in force, it shall not be necessary to register the wakf under the provisions of this Act and any such registration made before such commencement shall be deemed to be a registration made under this Act.
CHAP MUTAWALLIS AND WAKF ACCOUNTS CHAPTER V MUTAWALLIS AND WAKF ACCOUNTS
Budget. 31. Budget. Every mutawalli of a wakf shall in every year prepare, in such form and at such time as may be prescribed, a budget for the next financial year showing the estimated receipts and expenditure during that financial year and submit it to the Board for approval.
Submission of accounts of wakfs.
- Submission of accounts of wakfs. 1*[(1) Every mutawalli shall keep regular ]
2*[(2)] Before the 1st day of May next following the date on which the application referred to in section 25 has been made and thereafter before the 1st day of May in every year, every mutawalli of a wakf shall prepare and furnish to the Board a full and true statement of accounts, in such form and containing such particulars as may be prescribed by the Board, of all moneys received or expended by the mutawalli on behalf of the wakf during the period of twelve months ending on the 31st day of March or, as the case may be, during that portion of the said period during which the provisions of this Act have been applicable to the wakf : Provided that the date on which the annual accounts are to be closed may be varied at the discretion of the Board.
Audit of accounts of wakfs.
- Audit of accounts of wakfs. (1) The accounts of wakfs submitted to the Board under section 32 shall be audited and examined annually or at such other intervals as the Board may determine by an auditor appointed by the
- The auditor shall submit his report to the Board and the report of the auditor shall, among other things, specify all cases of irregular, ————————————————–
——————- 1 Ins. by Act 34 of 1964, s. 10.
2 S. 32 re-numbered as sub-section (2) of that section by s. 10. ibid. 119 illegal or improper expenditure or of failure to recover money or other property caused by neglect or misconduct and any other matter which the auditor considers it necessary to
report ; and the report shall also contain the name of any person who, in the opinion of the auditor, is responsible for such expenditure or failure and the auditor shall in every such case certify the amount of such expenditure or loss as due from such person.
- The costs of the audit of the accounts of a wakf shall be paid from the Wakf
Board to pass orders on auditor’s report. 34. Board to pass orders on auditor’s report. The Board shall examine the auditor’s report, and may call for the explanation of any person in regard to any matter mentioned therein, and shall pass such orders on the report as it thinks fit.
Sums certified due recoverable as arrears of land revenue. 35. Sums certified due recoverable as arrears of land revenue.
- Every sum certified to be due from any person by an auditor in his report under section 33 unless such certificate is modified or cancelled by an order of the Board made under section 34, and every sum due on a modified certificate shall be paid by such person within sixty days after the service of a demand for the same issued by the
- If such payment is not made in accordance with the provisions
of sub-section (1), the sum payable may, on a certificate issued by the Board after giving the person concerned an opportunity of being heard, be recovered in the same manner as an arrear of land revenue.
Duties of mutawallis. 36. Duties of mutawallis. It shall be the duty of every mutawalli- (a) to carry out the directions of the Board ; (b) to furnish such returns and supply such information or particulars as may from time to time be required by the Board ; (c) to allow inspection of wakf properties, accounts or records or deeds and documents relating thereto ; (d) to discharge all public dues ; and (e) to do any other act which he is lawfully required to do by or under this Act. 36A. Transfer of immovable property of wakfs. 1*[36A. Transfer of immovable property of wakfs. Notwithstanding anything contained in the wakf deed, no transfer of any immovable property of a wakf by way of–
- sale, gift, mortgage or exchange ; or
—– 1 Ins. by Act 34 of 1964, s. 11. 120 (ii) lease for a period exceeding three years in the case of agricultural land, or for a period exceeding one year in the case of non- agricultural land or building, shall be valid without the previous sanction of the Board. 36B. Recovery of wakf property transferred in contravention of section 36A. 36B.
Recovery of wakf property transferred in contravention of
section 36A. (1) If the Board is satisfied, after making an inquiry in such manner as may be prescribed, that any immovable property of a wakf entered as such in the register of wakfs maintained under section 26, has been transferred without the previous sanction of the Board in contravention of the provisions of section 36A, it may send a requisition to the Collector within whose jurisdiction the property is situate to obtain and deliver possession of the property to it.
- 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 from the date of the service of the
- Every order passed under sub-section (2) shall be served– (a) by giving or tendering the order or by sending it by post to the person for whom it is intended ; or (b) if such
person cannot be found, by affixing the order on some conspicuous part of his last- known place of abode or business, or by giving or tendering the order to some adult male member or servant of his family or by causing it to be affixed on some conspicuous part of the property to which it relates: Provided that where the person on whom the order is to be served is a minor, service upon his guardian or upon any adult male member or servant of his family shall be deemed to be service upon the minor.
- Any person aggrieved by the order of the Collector under sub-
section (2) may, within 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. Explanation.–In this sub- section, “district court” means, in any area for which there is a city civil court, that court, and, in any other area, the principal civil court of original jurisdiction.
- Where an order passed under sub-section (2) has not been complied with and the time for appealing against such order has expired without an appeal having been preferred or the appeal, if any, preferred within that time has been dismissed, the Collector shall obtain possession of the property in respect of which the order 121 has been made, using such force, if any, as may be necessary for the purpose and deliver it to the
- In exercising his functions under this section, the Collector shall be guided by such rules as may be made in this behalf by the State ]
Mutawalli entitled to pay certain costs from income of wakf property. 37. Mutawalli entitled to pay certain costs from income of wakf property. Notwithstanding anything contained in the wakf deed, every mutawalli may pay from the income of the wakf property any expenses properly incurred by him for the purpose of enabling him to furnish any particulars, documents or copies under section 25 or any accounts under section 32 or any information or documents required by the Board or for the purpose of enabling him to carry out the directions of the Board.
Power of the Board to pay dues in case of default by mutawalli. 38. Power of the Board to pay dues in case of default by
mutawalli. (1) Where a mutawalli refuses to pay or fails to pay any revenue, cess, rates or taxes due to the Government or any local authority, the Board may discharge the dues from the Wakf Fund and may recover the amount so paid from the wakf property and may also recover damages not exceeding twelve and a half per cent. of the amount so paid.
(2) Any sum of money due under sub-section (1) may, on a certificate issued by the Board after giving the mutawalli concerned an opportunity of being heard, be recovered in the same manner as an arrear of land revenue.
Creation of reserve fund. 39. Creation of reserve fund. For the purpose of making provision for the payment of rent and of revenue, cess, rates and taxes due to the Government or any local authority, for the discharge of the expenses of the repair of the wakf property and for the preservation of the wakf property, the Board may direct the creation and maintenance, in such manner as it may think fit, of a reserve fund from the income of a wakf.
Extension of time. 40. Extension of time. The Board may, if it is satisfied that it is necessary so to do, extend the time within which any act is required to be done by the mutawalli under this Act.
- Penalties. (1) If a mutawalli fails– (a) to apply for the registration of a wakf; (b) to furnish statements of particulars or accounts or returns as required by this Act; (c) to supply information or particulars as required by the Board; 122 (d) to allow inspection of wakf properties, accounts or records or deeds and documents relating thereto; (e) to deliver possession of any wakf property, if ordered by the Board or the court; (f) to carry out the directions of the Board; 1* * * * * (h) to discharge any public dues; or (i) to do any other act which he is lawfully required to do by or under this Act, he shall, unless he satisfies the court that there was reasonable cause for his failure, be punishable with fine which may extend to one thousand rupees.
- No court shall take cognizance of an offence punishable under this Act save upon complaint made by the Board or an officer duly authorized by the Board in this
- No court inferior to that of a presidency magistrate or a magistrate of the first class shall try any offence punishable under this
Power to appoint mutawallis in certain cases. 42. Power to appoint mutawallis in certain cases. When there is a vacancy in the office of the mutawalli of a wakf and there is no one to be appointed under the terms of the deed of the wakf, or where the right of any person to act as mutawalli is disputed, the Board may appoint any person to act as mutawalli for such period and on such conditions as it may think fit.
Removal of mutawallis.
- Removal of mutawallis. (1) Notwithstanding anything contained in any other law or the deed of wakf, the Board may remove a mutawalli from his office if such mutawalli– (a) has been convicted more than once of an offence punishable under section 41; or 2*[(b) has been convicted of an offence of criminal breach of trust or any other offence involving moral turpitude; or (c) misappropriates or deals improperly with the properties of the wakf; or (d) is of unsound mind or is suffering from other mental or physical defect or infirmity which would render him ———————————————–
———————- 1 CI. (g) omitted by Act 34 of 1964, s. 12. 2 Subs. by. s. 13, ibid., for cl. (b). 123 unfit to perform the functions and discharge the duties of a mutawalli; or (e) has failed to pay, without reasonable excuse, for two consecutive years, the contribution payable by him under section 46.]
- Where a committee is appointed by the Board 1*[or any person or authority not being a court of law] to act as a mutawalli for managing or administering any wakf property and the committee, in the opinion of the Board, is unable to perform, or has persistently made default in the performance 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 wakf
- For the removal of doubts it is hereby declared that the removal of a person from the office of the mutawalli shall not affect his personal rights, if any, in respect of the wakf property either as a beneficiary or in any other capacity or his rights, if any, as a sajjadanishin.
- No action shall be taken by the Board under sub-section (1)
or sub-section (2), unless it has held an inquiry into the matter in the prescribed manner and the decision has been taken by a majority of not less than three-fourths of the members of the Board. 1*[(4A) A mutawalli who is aggrieved by an order passed under any
of the clauses (c) to (e) of sub-section (1) or under sub-section (2) may, within one month from the date of the receipt by him of the order, appeal against the order to the State Government and the decision of the State Government on such appeal shall be final and shall not be questioned in any court of law.]
- Where a mutawalli has been removed from his office under sub-
section (1) or sub-section (2), the Board may, by order, direct the mutawalli to deliver possession of the wakf property to the Board or any officer thereof duly authorised in this behalf or to any person or committee appointed to act as the mutawalli of the wakf property; and the order of the Board shall be deemed to be a decree of a civil court and shall be executed by the civil court as if it had passed the decree.
1*[(6) A mutawalli of a wakf removed from his office under this section shall not be eligible for appointment as a mutawalli of that wakf for a period of five years from the date of such removal.] 1 Ins. by Act 34 of 1964, s. 13. 124 43A. Assumption of direct management of certain wakfs by the Board. 1*[43A. Assumption of direct management of certain wakfs by the
Board. (1) Where no suitable person is available for appointment as a
mutawalli of a wakf under section 42 or under sub-section (2) of section 43, the Board may, by notification in the Official Gazette, assume direct management of the wakf for such period or periods, not exceeding in the aggregate five years, as may be specified in the notification.
(2) Notwithstanding anything contained in section 33, the accounts of every wakf under the direct management of the Board shall be audited annually by an auditor to be appointed by the Board, from among chartered accountants in practice within the meaning of the Chartered Accountants Act, 1949.] 38 of 1949.
Application for inquiry. 44. Application for inquiry. Any person interested in a wakf may make an application to the Board supported by an affidavit to institute an inquiry relating to the administration of the wakf and if the Board is satisfied that there are reasonable grounds for believing that the affairs of the wakf are being mismanaged, it shall take such action thereon as it thinks fit.
Inquiry by the Board.
- Inquiry by the Board. 2*[(1) The Board may, either on an application received under section 44 or on its own motion- (a) hold an inquiry in such manner as may be prescribed; or (b) authorise any person in this behalf to hold an inquiry, into any matter relating to a wakf and take such action as it thinks ]
(2) For the purposes of any inquiry under this Act, the Board or any person authorised by it in this behalf shall have the same powers as are vested in a civil court under the Code
of Civil Procedure, 1908 (5 of 1908.) for enforcing the attendance of witnesses and production of documents.