Act No. 08 of 1948
03rd March, 1948
An Act to provide for the better Administration of Waqfs. Whereas it is expedient to provide for the better administration of waqfs in the 1 [State] of Bihar; It is hereby enacted as follows:-
(1) This Act may be called the Bihar Waqfs Act, 1947.
(2) It extends to the whole of the 1[State] of Bihar.
(3) It shall come into force on such [date]2 not being later than six months from the date on which it is first published in the Official Gazette as the 1[State] Government may, by notification, appoint.
In this Act, unless there is anything repugnant in the subject or context.-
This Act shall apply to all waqfs, whether created before or after the commencement of this Act, any part of the property of which is situated in the 1[State] of Bihar.
"17. Functions of Board of Revenue to be discharged by Majlis in respect of waqf property in Bihar.-
(1) Notwithstanding anything contained in this Regulation, the functions of the Board of Revenue under this Regulation shall be discharged in respect of any waqf property in the 1[State] of Bihar by the Majlis established under the Bihar Waqf Act, 1947."
"Provided further that where the estate or share of an estate is a waqf property and entered as such in any of the general registers of revenue-playing lands under the Land Registration Act, 1876, a copy of the aforesaid notification shall also be served by registered post on the Sadar of the Majlis established under Section 5 of the Bihar Waqf Act, 1947."
"Provided that the powers of the 1[State] Government under this Section for the settlement, modification or substitution of a scheme for the administration of any property shall, in respect of any waqf property in the 1[State of Bihar, be exercised subject to the approval of the 1[State] Government, by the Majlis established under the Bihar Waqfs Act, 1947."
"13. Provisions of this Act not to apply to waqf in Bihar.-
The provisions of this Act shall not, so far as they are inconsistent with the provisions of the Bihar Waqfs Act, 1947, apply to any waqf in the 1[State] of Bihar."
1. Subs. by A.L.O.
2. The Act came into force on the 1st April, 1948.
3. Subs. by Section 2 Bihar Act XXI of 1952, for the original clause.
4. "and" omitted by Section 2 of the Bihar Act XVI of 1954.
5. Ins. by Section 2, ibid.
6. Clause (o) re-lettered as clause (p) by Section 2 of the Bihar Act XVI of 1954.
(1) As soon as possible after this Act comes into force, there shall be established 3[by the State Government] for the 2[State] of Bihar a Majlis to be called the Bihar Subai Sunni Majlis-e-Awqaf, and a Majlis to be called the Bihar Subai Majlis-e-Awqaf, to discharge respectively in regard to Sunni Waqfs and Shia Waqfs in the 1[State] of Bihar the functions assigned to the Majlis by this Act.
(2) The Majlis shall be a body corporate by the name of the Bihar Subai Sunni Majlis-e-Awqaf or the Bihar Subai Shia Majlis-e-Awqaf, as the case may be, and shall have perpetual succession and a common seal, with power to acquire and hold property, both movable and immovable, and to transfer any such property subject to the prescribed additions and restrictions and shall, by the said name, sue and be sued.
The Majlis shall consist of 4[eleven] members:
5[Provided that the 2[State Government may, at any time during the tenure of office of members of the first Majlis, by notification, direct that the strength of the first Majlis shall be increased from nine to eleven members, and thereupon it shall be lawful for the 2[State Government of appoint two additional members to the first Majlis]
(1) All the members of the first Majlis shall be appointed by the 2[State Government].
(2) The 2[State Government shall appoint one from amongst the members to be the Sadr of the first Majlis.
(3) The term of office of members of the first Majlis shall, save as otherwise provided in this Act, be five years from the date of publication of their names in the . Official Gazette under Section 12 and shall include any further period which may elapse between the expiration of the said five years and the date of the first meeting of the second Majlis at which a quorum is present:
6[Provided that where the 2[State] Government have issued a notification under the proviso to Section 6 directing that the strength of the first Majlis shall be increased from nine to eleven members, the additional members appointed to the first Majlis in the exercise of the power conferred by the said proviso shall hold office for the unexpired remainder of the term of office of the members originally appointed to such Majlis.]
(1) Of the members of the second and every subsequent Bihar Subai Sunni Majlis-e-Awqaf-
(2) of the members of the Bihar Subai Shia Majlis-e-Awaqf-
(3) 8[eight] shall be persons elected in the prescribed manner by such body or bodies representative of the interest of Shia Muslims as may, from time to time, be notified in this behalf by the 2[State Government].
(4) The members of the second and every subsequent Majlis shall elect one from amongst themselves to be the Sadr.
(5) The election of the Sadr under sub-section (3) shall be subject to the approval of the 2[State] Government and pending such approval of the elected Sadr shall exercise all the powers of a Sadr.
(6) If the members of the second or any subsequent Majlis fail to elect the Sadr within such time as the 2[State] Government considers reasonable, the 2[State] Government may appoint one from amongst the members to be the Sadr.
(7) The term of office of members of the second and every subsequent Majlis shall, save as otherwise provided in this Act, be five years from the date of the publication of their names in the Official Gazette under Section 12 and shall include any further period which may elapse between the expiration of the said five years and the date of the first meeting of the next succeeding Majlis at which a quorum is present.
A person shall not be eligible for appointment or election as member, if such person-
9[Provided that nothing in this clause shall apply to a person appointed to be a member of additional member of the first Majlis].
If any member is unable by reason of his death, resignation, removal or otherwise to complete his full term of office, the vacancy so caused shall be filled by the appointment or election, as the case may be, of another person and the person so appointed or elected shall fill such vacancy for the unexpired portion of the term for which the member in whose place such person is appointed or elected would otherwise have continued in office.
If any of the electorate referred to in clauses (b) and (c) of sub-section (1) or sub-section (2) of Section 8, as the case may be, fails, within such time as the 2[State] Government considers reasonable, to elect a member or members referred to in those clauses, or on the occurrence of any casual vacancy to fill the vacancy as provided in Section 10, the 2[State] Government may appoint a person or persons possessing the requisite qualification, to fill such a vacancy or vacancies.
The name of the Sadr and of every member appointed or elected under Section 7, 8, 10 or 11 shall be published by the 2[State] Government in the Official Gazette.
(1) The Sadr may be either a paid or an honorary officer of the Majlis according as the Majlis may, from time to time, determine.
(2) Where the Sadr is a paid officer of the Majlis, his salary, allowances and other conditions of service shall be such as may, from time to time fixed by the Majlis subject to the approval of the 2[State] Government.
(3) Members may be paid travelling and other allowances for attending meetings of the Majlis and of any Committee and subject to the prescribed conditions and restrictions for undertaking any journey in connection with any of the affairs of the Majiis, at such rates as may be fixed by the 1[State] Government.
The 2[State] Government may remove from office-
(1) The Majlis shall have an office at Patna and shall meet for the transaction of business at least once in every three months and as often as it is necessary to meet for the transaction of business.
(2) Every meeting of the Majlis shall be convened by the Sadr or by the Nazir under the direction of the Sadr and at least ten days' notice of the meeting shall be given to the members.
(3) If there be no official business to be transacted at any quarterly meeting and if no notice of any business to be transacted at such meeting is received by the Sadr from any member at least ten days before the date appointed for the meeting, the Sadr shall, instead of calling the meeting, notify the fact to each members at least one week before the said date.
A special meeting of the Majlis shall be called by the Sadr on the receipt of a requisition signed by not less than four members and specifying the business to be transacted at such meeting. If the Sadr fails to call such meeting within three weeks after the receipt of any such requisition, the meeting may be called by the members who signed the requisition.
(1) Four members shall form the quorum for a meeting of the Majlis.
(2) If, at the time appointed for a meeting or within half an hour thereafter, a quorum is not present, the meeting shall stand adjourned. The Sadr shall fix a date for the adjourned meeting and one week's notice of such date shall be given to each member.
The Sadr shall preside at every meeting of Majlis and in his absence the member present shall elect one of their number to preside at the meeting.
(1) Save as otherwise provided by this Act, every matter coming before the Majlis shall be decided by a majority of votes of the members present and voting in the meeting.
(2) In the case of an equality of votes, the Sadr shall have a second or casting vote.
(1) Minutes of the proceedings of all meetings of the Majlis shall be entered in a book to be kept for the purpose and shall be signed by the Sadr.
(2) A copy of the minutes of the proceedings of every meeting shall be forthwith forwarded by the Sadr to the 1[State] Government or to such authority as the 1[State] Government may direct.
(1) The Majlis may appoint Committees to assist it in the exercise of the powers or the performance of the duties conferred or imposed upon it by or under this Act, and may determine the functions and procedure of such Committees.
(2) Any person who is not a member of the Majlis may be appointed to be a member of any such Committee:
[Proviso omitted by Section 2 of Bihar Act 15 of 1955.]
The Majlis may, subject to the approval of the 1[State] Government appoint a person to be Nazir-e-Awqaf:
Provided that the first Nazir who shall hold office for four years only but will be eligible for reappointed shall be reappointed by the 1[State] Government.
(1) No person shall be eligible for appointment as Nazir unless he is a Muslim.
(2) The salary, allowances and other conditions of service of the Nazir shall be such as may be fixed by the Majlis subject to the approval of the 1[State] Government:
Provided that the salary, allowances and other conditions of service of the first Nazir shall be such as may be fixed by the 1[State] Government.
(1) The Nazir and other officers and servants of the Majlis shall exercise such powers and perform such duties as may, from time to time, be conferred or imposed on them by the Majlis.
(2) The Nazir may take part in the discussions before the Majlis but shall not be entitled to vote.
(1) The Majlis may, from time to time, determine the number, designations, grades and scales of salary and other conditions of service of its officers and servants.
(2) The power of appointing, promoting and granting leave to such officers and servants and of reducing them in rank or suspending or dismissing them and of dispensing with their services shall vest in the Sadr:
Provided-
Any officer or servant considering himself aggrieved by any order passed by the Sadr under sub-section (2), not being an order passed with the sanction of the Majlis, may appeal to the Majlis and the Majlis may confirm, modify or set aside such order or pass such other order as it thinks fit.
(1) The Majlis, at a meeting specially convened for the purpose, by a resolution in favour of which not less than two-thirds of the members present at such meeting shall have voted, may, subject to the approval of the 1[State] Government, make bye-laws for-
(2) The Majlis may, from time to time, in accordance with such bye-laws grant pensions or gratuities out of the Waqf fund, and allowances or annuities out of such provident or annuity fund, to any of its officers or servants, as it may think fit.
Explanation.-In this Section the expression "officer and servants" includes the Sadr and the Nazir.
(1) The general superintendence of all waqfs in the 1[State] shall be vested in the Majlis. The Majlis shall do all things reasonable and necessary to ensure that waqfs are properly supervised and administered and that the income thereof is duly appropriated and applied to the objects of such waqfs and in accordance with the purposes for which such waqfs were founded or for which they exist, so far as such objects and purposes can be ascertained.
(2) Without prejudice to the generality of the provisions of sub-section (1), and subject to the other provisions of this Act, the powers and duties of the Majlis shall be-
Provided that no such conversion shall be sanctioned unless the Majlis resolves by a majority which includes at least three-fourths of its members;
(3) Any person considering himself aggrieved by an order passed by the Majlis under sub-clause (i) or (iii) of clause (h) of sub-section (2) may, within ninety days of such order, apply to the District Judge for varying modifying or setting aside the order.
(1) Where supervision of a waqf is vested in any committee or association appointed by the waqf or by a competent court, such committee or association shall continue to function under the general superintendence and control of the Majlis unless superseded by the Majlis under sub-section (2) 3[and on expiry of the term of appointment of members of such committee or association, the Majlis may, without prejudice to any other provision of this Act, appoint persons to be members of such Committee or association for such term of office as it thinks fit]:
3[Provided that if any member of such Committee or association is unable by reasons of his death, resignation, removal or otherwise, to complete his full term of office, the vacancy so caused shall be filled by the Majlis by the appointment of another person and the person so appointed shall fill such vacancy for the unexpired portion of the term for which the member in whose place such person is appointed would otherwise have continued in office].
(2) The Majlis may supersede any committee or association referred to in subsection (1) which in the opinion of the Majlis is not discharging its functions satisfactorily and, if the Majlis does so, any decree or order of a Court or a deed or instrument creating the waqf by which such committee or association was constituted shall be deemed to have been modified accordingly and the order of the Majlis superseding the committee or association shall be final and shall not be questioned in any Court. 4[The Majlis may, thereafter, make such arrangements as may be necessary, for the administration of the waqf concerned].
(1) When any object of a waqf has ceased to exist or has, in the opinion of the Majlis, become impossible of achievement, the Majlis may, of its own motion or on the application of any Muslim, after issuing notice in the prescribed manner to the mutawalli of such waqf and to such other person as may appear to the Majlis to be interested therein and after making such inquiry as it thinks fit, determine the object (which shall be similar or as nearly similar as practicable to the object which has ceased to exist or become impossible of achievement) to which the funds, property or income of the waqf, or so much of such fund, property or income as was previously expended on or applied to the object which has ceased to exist or become impossible of achievement, shall be applied.
(2) The applicant or the mutawalli, or any other person interested in, such waqf may, within ninety days of any order passed under sub-section (1), make an application to the District Judge for varying, modifying, or setting aside such order; but subject to the decision of the District Judge on any such application, the order of the Majlis shall be final and binding upon the applicant and every person interested in the waqf.
(1) Subject to the provisions of this Act, the Majlis may enter into such contracts as it may consider necessary or expedient for carrying out any of the purposes of this Act.
(2) Every contract made on behalf of Majlis, the value or amount of which exceeds one hundred rupees, shall be in writing, shall be signed by the Nazir, and countersigned by the Sadr and sealed with the common seal of the Majlis. Contracts, the value or amount of which is one hundred rupees or less, shalf be in writing and shall be signed by the Nazir.
(3) If any contract is executed on behalf of the Majlis otherwise than in conformity with the provisions of sub-section (2), it shall be avoidable at the option of the Majlis.
(1) The Majlis may, of its own motion or on an application made to it in this behalf by two or more persons interested in any waqf-
Provided that any scheme so settled, modified or substituted shall be in accordance with the law governing the wakf and shall not be contrary to the wishes of the wakf so far as such wishes can be ascertained.
(2) A scheme settled, modified or substituted instead of another scheme under this Section shall, unless otherwise ordered by the District Judge on an application, if any, made under sub-section (3), come into force on a day to be appointed by the Majlis in this behalf and shall be published in the Official Gazette.
(3) The mutawalli of, or any other person interested in such waqf may within three months from the date of the publication in the Official Gazette of the scheme so settled, modified or substituted instead of another scheme, as the case may be, make an application to the District Judge for verifying, modifying or setting aside the scheme; but subjected to the result of such application, the order of the Majlis under sub-sections (1) and (2) shall be final and binding upon the mutawalli of the waqf and upon every other person interested in such waqf.
(4) An order passed by the District Judge on any application made under subsection (3) shall be final.
Where there is a vacancy in the office of mutawalli of a waqf and there is no one competent to be appointed as mutawalli under the terms of the deed of waqf or where there is bona fide dispute as to the right of any person to act as mutawalli and in the opinion of the Majlis there is likelihood of a breach of peace or serious interfence with the management of the property of such waqf, 5[or where there is a vacancy caused by the order of the Majlis passed under clause (h) of sub-section (2) of Section 27 of this Act] the Majlis may, subject to any order of a competent Court, appoint any person to act as mutawalli of the waqf for such period and upon such conditions as it thinks fit.
(1) The Majlis shall prepare and maintain in such form as it thinks fit a register of all waqfs in the 1[State].
(2) Entries in the register may be made by the Majlis of its own motion or on application made by any Muslim after such inquiry as the Majlis thinks fit.
(3) Any Muslim may, on payment of such fees as may be fixed by the Majlis inspect the register.
(1) The Majlis may grant copies of its proceedings and records and any other document in its possession on payment of such fees and subject to such conditions as may, from time to time, be determined by the Majlis.
(2) Such copies may be certified in the manner provided in Section 76 of the Indian Evidence Act, 1872.
(1) Where a mutawalli refuses to pay or fails to pay any land-revenue, cess, rent, rates or taxes or taxes due to the 6[Government] or to local authority from a waqf, the Majiis may itself defray the charges from the Waqf Fund and may recover the amount so paid from the waqf property, and, if the refusal or failure of the mutawalli was in the opinion of the Majlis willful, the Majlis may also recover from the mutawalli responsible for such refusal or failure, damages at the rate of twelve and a half percent of the amount so paid:
Provided that a mutawalli aggrieved by a decision of the Majlis to recover damages under this sub-section may apply to the District Judge to have the order set aside or modified and the order of the District Judge on such application shall be final.
(2) The procedure provided in sub-section (4) of Section 68 shall apply to the recovery by the Majlis of any sum which the Majlis is empowered by sub-section (1) to recover from a waqf or a mutawalli.
The Majlis may, with the previous sanction of the 1[State] Government borrow, for the purpose of giving-effect to the provisions of this Act, such sum of money and on such terms as the State Government may determine.
If any necessity arises for immediate action by the Majlis, and a meeting of the Majlis cannot be arranged in time to take such action, the Sadr may exercise any power that could be exercised under this Act by the Majlis, but shall at the next meeting of the Majlis make a report in writing of the action taken by him under this Section and the reasons for taking such action.
The Majlis may delegate any of its powers and duties under this Act to the Sadr, to be exercised and performed in such special circumstances as the Majlis may specify, and may likewise withdraw any such delegation.
(1) The Majlis may establish a Local Awqaf Committee for each such area as it considers necessary.
(2) Every such Committee shall consist of such number of members appointed by the Majlis as the Majlis may, from time to time, determine.
(3) All the members of every such Committee shall be Muslims and shall be residents of the area for which such Committee is established:
Provided that no person shall be eligible for appointment as a member of such Committee if he is subject to any of the disqualifications referred to in Section 9.
(4) The members of such Committee shall elect one of their member as President. The quorum of the meeting to elect the President shall be at least half of the total number of members of such Committee.
(5) The Majlis shall appoint one of the members of each such Committee to be., the Secretary thereof.
(6) The members of such Committee shall hold office for three years from the date of their appointment.
(7) Casual vacancies arising in such Committee may be filled by the Majlis if it thinks fit and for such period as the vacancy lasts.
The manner in which the business of a Local Awqaf Committee shall be conducted, the staff required for such Committee, the conditions of such staff, the travelling and other allowances to be paid to members of such Committee for attending meetings and undertakings journeys in connection with the affairs of the said Committee shall be determined by the Majlis.
Every Local Awqaf Committee shall, subject to the control and direction of the Majlis have the following powers and duties, namely:-
(1) The Majlis or any person interested in a waqf may, at any time, apply to the Collector of a district for a declaration that any immovable property situated in that district is waqf property.
(2) When an application is made under sub-section (1), the Collector shall cause a special notice to be served on the person in possession of the property and a general notice thereof to be published in the prescribed manner calling upon such person and all other persons having any claim to the property to file their respective claims before him within ninety days from the service or publication of such special or general notice, as the case may be.
(3) If within the period specified in sub-section (2)-
(4) The Majlis or any other person considering himself aggrieved by the order of the Collector may within one year of the date of such order institute a suit in a Court of competent jurisdiction to have the order set aside or modified.
(5) Subject to the final result of any suit instituted under sub-section (4) the order of the Collector shall be final.
(1) No transfer made by a mutawalli of any immovable property of a waqf by way of sale, mortgage, gift or exchange, or by way of lease for a term exceeding three year shall, after the majlis has been established under this Act, be valid unless made with the previous sanction of the Majlis:
Provided that where any such transfer is made under an express power conferred by the waqf deed, previous sanction of Majlis shall not be necessary but notice of such transfer shall be given by the mutwalli to the Majlis in such form and containing such particulars as may be prescribed, at least sixty days before the transfer is made.
(2) Subject to the provisions regarding conversion of waqf property in clause (j) of sub-section (2) of section 27, no transfer of any immovable property of a waqf by way of sale, mortgage, gift or exchange or by way of lease shall be sanctioned by the majlis against the terms of the waqf deed or instrument creating the waqf, or, in a case where no deed or instrument creating the waqf is available, against the wishes of the waqf so far as they can be ascertained.
No mutawalli shall, after the date on which this Act is first published in the Official Gazette, borrow any money for any of the purposes of the waqf of which he is mutawalli unless the terms upon which the money is proposed to be borrowed have been previously approved by the Majlis, and any contract otherwise made for that purpose shall be voidable at the option of the Majlis.
Where a charge exists on any property for the performance of any religious, pious or charitable act recognised as such by Muslim Law and there is failure to perform such act, the Majlis may apply to the District Judge for an order directing the person in possession of the property to pay to the Majlis, the amount necessary for the performance by the Majlis, or any person appointed by the Majlis in this behalf, of the act for the performance of which the charge was created.
Where the mutawalli of a waqf willfully fails to discharge any of the duties imposed upon him under the waqf, the Majlis or any person interested in the waqf may make an application to the District Judge for an order
(1) The Majlis, or with the previous sanctions of the Majlis any person interested in a waqf, may make an application to the District Judge for an order-
(2) The order of the District Judge under sub-section (1) shall be final.
1. Sub-clause (v) renumbered as sub-clause (iv) by Section 5 of Bihar Act XVIII of 1951.
(1) Where, on the application of the Majlis or with the previous sanction of the Majlis, of any person interested in a waqf, the District Judge is satisfied that any object of the waqf to which the application relates is vague or uncertain, he may direct that the funds, property or income of the waqf or so much of such funds, property or income as relates to such object shall be utilised for the purpose of imparting education to poor Muslims.
(2) The funds, property or income to be utilised for the purpose of imparting education to poor Muslims under the provisions of sub-section (1) shall be applied to the object by the mutawalli concerned subject to the direction of the Majlis.
(1) In every suit or proceeding (except in suits instituted by a mutawalli for the recovery of arrears of rent and proceedings in execution of decrees passed in such suits) in respect of any waqf or property belonging to a waqf, whether instituted by a mutawalli or by any other person, the Court shall issue a notice of the institution, thereof, the Majlis.
(2) The Majlis may apply to the Court in which the suit or proceeding referred to in sub-section (1) is pending, to be added, and shall thereupon be added, as a party thereto, and shall be entitled to conduct such suit or proceeding, if instituted by the mutawalli, or to defend such suit or proceeding, if instituted by any other person against the mutawalli.
(3) If the notice required by sub-section (1) to be issued to the Majlis in respect of any suit or proceeding is not issued, the decree or order passed in such suit or proceeding shall be avoidable at the option of the Majiis.
No arrangement compromise or adjustment in any suit or proceeding (except in suits instituted by a mutawalli for the recovery of arrears of rent and proceedings in execution of decrees passed in such suits) in respect of any waqf or property belonging to a waqf shall be recorded under the provisions of Rule 3 of Order XXIII of the Code of Civil Procedure, 1908, without the approval of the Majlis.
(1) In the course of a proceeding under the Land Acquisition Act, 1894, the Collector, before making an award in respect of a waqf property, shall issue a notice to the Majlis and shall stay further proceedings to enable it to plead as a party to the proceeding at any time within three months from the date of the receipt of the notice.
(2) Where the Majlis has reason to believe that any property under acquisition is a waqf property, it may at any time before the award is made appear and plead as party to the proceeding.
(3) When the Majlis has appeared under the provisions of sub-section (2), no order shall be passed under Section 31 or Section 32 of the Land Acquisition Act, 1894, without giving opportunity to the Majlis to be heard.
(4) Any order passed under Section 31 or Section 32 of the Land Acquisition Act, 1894, without giving opportunity to the Majlis to be heard, shall be avoidable at the option of the Majlis.
(1) Whenever any waqf property is notified for sale in execution of a decree of a Civil Court or under the order of a certificate officer in execution of a certificate filed under Section 4 or Section 6 of the Bihar and Orissa Public Demands Recovery Act, 1914, or in pursuance of a decree or order of a Collector or other officer of revenue, each court, certificate officer, Collector or other officer shall give a notice thereto the Majlis also.
(2) If the notice required by sub-section (1) to be given to the Majlis in respect of any sale is not given, the sale shall be avoidable at the option of the Majlis.
When any application or reference is required or authorised by or under any of the provisions of this Act to be made to the District Judge, such application or reference shall be made to the District Judge of the district in which whole or any part of the subject-matter of the waqf concerned is situate.
(1) Unless otherwise provided in this Act, an appeal shall lie to the High Court against every order passed by the District Judge under this Act.
(2) No appeal shall lie from any order passed in appeal under this Section.
For the purposes of inquiries under this Act, the Majlis and, if specially authorised by the Majlis in this behalf, the Sadr, the Nazir, a Committee and a Local Awqaf Committee shall have the same power to summon and enforce the attendance of witnesses and parties and to compel production of documents as a Civil Court under the Code of Civil Procedure, 1908.
1[Every order of the Majlis passed under clause (h) of sub-section (2) of Section 27, subsection (2) of Section 28 or Section 32 shall be enforceable by any civil court having local jurisdiction in the same manner as a decree of such court].
1. Ins. by Section 6 of Bihar Act XVIII of 1951.
Every mutawalli shall carry out all directions which may, from time to time, be issued to him by the Majlis under any of the provisions of this Act.
(1) (a) Within six months from the date of the publication 1[in the Official Gazette of the names of the Sadr and the member of the, first Majlis, the mutawalli of every waqf existing on the said date shall furnish to the Majlis a statement in the prescribed form containing the prescribed particulars in respect of the waqf of which he is the mutawalli.
(b) In the case of a waqf created after the date of 2[the said publication], such statement shall be furnished to the Majlis by the mutawalli of such waqf within six months from the date on which the waqf is created.
(2) Every such statement shall be verified by the mutawalli in the manner laid down in the Code of Civil Procedure, 1908, for the verification of pleadings, and shall be accompanied by a true copy of the deed or instrument creating the waqf or, where there is no such deed or instruments by a statement in the prescribed form setting forth the objects of the waqf and verified in like manner.
(1) The mutawalli of every waqf shall, before the fifteenth day of January in each year, prepare a budget of the estimated income and expenditure of such waqf for the next succeeding financial year and shall forthwith send a copy thereof to the Majlis.
(2) The Majlis may, within six weeks from the date on which it receives such copy, after or modify the budget in such manner and to such extent as it thinks fit.
(3) If the Majlis alters or modifies any budget under sub-section (2), it shall forthwith send a copy of the budget as so altered or modified to the mutawalli of the waqf concerned, and the budge as so altered or modified shall be deemed to be the budget of the waqf.
(4) If within the period mentioned in sub-section (2) and for two week thereafter the Majlis does not send to the mutawalli of the waqf concerned a copy of the budget altered or modified as aforesaid, the Majlis shall be deemed to have approved the budget without any alteration or modification.
(5) If the mutawalli fails to prepare and send a copy of the budget as required by sub-section (1), the Majlis shall prepare a budget for the waqf concerned and such budget shall be deemed to be the budget of that waqf for the year in question.
(6) Nothing contained in this Section shall be deemed to authorise the Majlis to alter or modify any budget in a manner or to an extent inconsistent with the wishes of the waqf, so far as such wishes can be ascertained, or the provisions of this Act.
In areas for which Local Awqaf Committee have been established under the provisions of this Act, a copy of each of the statements referred to in Section 57 and of the budget referred to in Section 58 shall be furnished by the mutawalli to the Local Awqaf Committee of the area in which the head office of fhe waqf concerned is situated.
The mutawalli of every waqf shaft offer every reasonable facility for the inspection of the documents and the property of such waqf and shall render every assistance in inquiries, when called upon to do so by the Majlis, to any Committee, the Sadr, the nazir, or any other person officer appointed by the Majlis to make such inquiries.
(1) The accounts of every waqf shall be audited and examined annually by a qualified accountant appointed as auditor by the Majlis.
(2) The auditor may, by written notice, require the production before him of any document or the attendance before him of any person responsible for the preparation of the accounts, to enable the auditor to obtain such information as he may consider necessary for the proper conduct of the audit.
(3) After completing the audit, the auditor shall submit a report to the Majlis: Provided that the auditor may submit an interim report at any time he thinks fit.
(4) The report of the auditor shall include a statement of-
(5) After considering such report, the Majlis may-
(6) After considering such cause as may be shown by the mutawalli and affording him a reasonable opportunity of being heard, the Majlis may surcharge such payment or charge the amount of any loss or deficiency against him and shall, in every such case, certify the amount due from him.
(7) A copy of the statement, if any, referred to in clause (a) of sub-section (4), included in the report of the auditor shall be forwarded by the Majlis to the 1[State] Government for such orders as the 1[State] Government may think.
(8) The cost of the audit of the accounts of waqf shall be paid from the Waqf Fund.
(1) Every amount certified under sub-section (6) of Section 61 as due from any mutawalli shall, if not paid within ninety days next after the date of the certification thereof be recoverable from him in the manner provided in sub-section (4) of Section 68.
(2) The Majlis shall pay all certified amounts received or recovered by it to the mutawalli of the waqf concerned for being credited to the accounts of such waqf.
(1) A mutawalli aggrieved by any order surcharge or charge made against him under sub-section (6) of Section 61 may, within thirty days of such order, appeal to the prescribed authority which may, after making such inquiry as it considers proper, pass such order as it thinks fit.
(2) Notwithstanding anything contained to the contrary in sub-section (1) of Section 62, pending the disposal of such appeal all proceedings on the certificate shall be stayed.
The accounts of the Majlis shall be subject to audit under the Bihar and Orissa Local Fund Audit Act, 1925, and, for the purposes of the said Act, the Majlis shall be deemed to be a local authority whose accounts have been declared by the 1[State] Government to be subject to audit under Section 3 of the said Act and the Waqf Fund shall be deemed to be local fund.
(1) If a mutawalli fails without reasonable cause the burden of proving which shall be upon him, to comply with any order or direction made or issued under clause (i), (o) or (q) of sub-section (2) of Section 27 or under Section 56, to comply with the provisions of sub-section (1) of Section 57, sub-section (1) of Section 58. Section 59 or Section 60, or to furnish any statement, annual account estimate, explanation or other document or information relating to the (sic) of which he is mutawalli, which is required or called upon to furnish under any of the other provisions of this Act, he shall be punishable with fine which may extend, in the case of the first offence, to two hundred rupees and, in the case of the second or any subsequent offence, to five hundred rupees.
(2) The fines realised under sub-section (1) shall be credited to the Waqf Fund.
(1) No prosecution for any offence under this Chapter shall be commenced except upon a complaint made by the Sadr or any person authorized in writing in this behalf by the Sadr.
(2) No Court other than that of Magistrate of the first class shall try any such offence.
(3) Every such offence shall be bailable and shall, notwithstanding anything contained to the contrary in the Code of Criminal Procedure, 1898, be compoundable by the Sadr or by person on whose complaint the prosecution was commenced.
(1) 1[(1) There shall be formed two funds, in respect of Sunni Waqfs to be called the Bihar Sunni Waqf Fund and the other in respect of Shia Waqfs to be called the Bihar Shia Waqf Fund, and there shall be placed to the credit.
(2) The Waqf Fund shall be vested in the Majlis and the balance standing to the credit of the Fund shall be kept in such custody as the 2[State] Government may, from time to time, direct.
(1) For the purpose of defraying the expenses incurred or to be incurred in the administration of this Act, the mutawalli of every waqf shall, in each financial year, pay to the Majlis such fee, not exceeding five per centum of its net income in the last preceding financial year, as the Majlis may, from time to time, with the previous sanction of the 2[State] Government, determine.
Explanation.-In this sub-section the expression net income means the total income realised by the mutawalli from all sources after deducting any amount payable as revenue, rent, taxes and local or other cesses.
(2) (a) The fee referred to in sub-section (t) shall be assessed by the prescribed authority in the prescribed manner.
(b) A mutawalli, aggrieved by an order of assessment made by the prescribed authority under clause (a) may, within one month of the date of the receipt of the said order; appeal to such authority as may be prescribed, and such authority may by order set aside or vary such assessment and such order shall be final.
(3) Such fee shall be payable in the prescribed manner in four equal installments on such dates as may, from time to time, be fixed by the Majlis.
(4) If any installment of such fee is not paid on or before the date fixed by the Majlis under sub-section (3) for the payment of such instalment, it shall be recoverable from the person responsible for paying the same as a public demand payable to the Majlis.
(5) The Majlis may reduce any portion of the fee payable by the mutawalli of any waqf.
(6) The mutawalli of a waqf may realize the fee payable by him under subsection (1) from the beneficiaries of such waqf, but the sum realizable from any one of such persons shall not exceed such amount as shall bear to the total contribution payable the same proportion as the value of benefits receivable by such person bears to the entire net available income of such waqf.
Provided that, if there is any income of such waqf in excess of the amount payable as dues under this Act, other than as the fee payable under sub-section (",) and in excess of the amount payable under the waqf deed, the fee shall be paid in first instance out of such income.
The Waqf Fund shall be applicable to the following objects, and in the following order:-