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Government of India Ministry of Minority Affairs

f777a38175c81e10a2aec41e1d8b28e9b6fafe85 · Year unknown · State unknown

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Parent: LIST OF AMENDING ACTS (f36c1e7522be9eb953084d9776f47cec0f582d5e)

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Government of India Ministry of Minority Affairs Model Waqf Rules, 2016 prepared under Section 109 of the Waqf Act, 1995 as amended, for consideration/adoption by the State/UT Governments May, 2016 Dr. NAJMA HEPTULLA Minister of Minority Affairs Government of India rs lR;eso t;rs Message Section 109 of the Waqf Act, 1995, as amended, has empowered the State Governments to make rules to carry out the purposes of this Act, other than those of Chapter III, and to notify these in the Official Gazette. It was observed by my Ministry that many State Governments have not notified the rules prescribed under the Act including rules relating to new amendments, which were incorporated into the Act during 2013. It is pertinent to mention here that the Sachar Committee, which was constituted for the study of social, economic and educational status of the Muslim community of India, had expressed concern over non framing of the Waqf Rules by large number of States. It was, therefore, decided to frame Model Waqf Rules for consideration of States / Uts. I am happy to announce that this Ministry has prepared Model Waqf Rules under Section 109 of the Waqf Act 1995 (as amended). These rules have been framed by this Ministry not with a view to encroach upon the powers of the State / UT Governments, but to facilitate and guide them for early adoption and notification after suitable modifications of these rules. These rules, if adopted, will bring about near uniformity in the proper administration of auqaf in all the States / UTs. I would, however , l like to reiterate here that these rules are not binding for adoption as a whole and the State/UT Governments are at liberty to adopt these in toto or with amendments as they deem fit. s girqY Mk0 utek g i rqY rqYyk vYila[;d dk;Z ea=h Hkkjr ljdkj

Rule TOC

109 · of the Waqf Act, 1995, as amended, has empowered the State
109 · of the Waqf Act, 1995, as amended, has empowered the State Governments to make rules to carry out the purposes of this Act, other than those of Chapter III, and to notify these in the Official Gazette. It was observed by my Ministry that many State Governments have not notified the rules prescribed under the Act including rules relating to new amendments, which were incorporated into the Act during 2013. It is pertinent to mention here that the Sachar Committee, which was constituted for the study of social, economic and educational status of the Muslim community of India, had expressed concern over non framing of the Waqf Rules by large number of States. It was, therefore, decided to frame Model Waqf Rules for consideration of States / Uts.
4 · of the Act shall be as specified in Form 1.
18 · of the Act;
10 ·
14 · of the Act from the officers specified in sub-rule (2) and the list of such persons shall form the electoral college for that category and the persons whose names find place in
11 · Electoral rolls of ex Muslim Members of Parliament; ex Muslim Members of State Legislature and ex-Muslim Members of the BarCouncil.—
14 ·
15 ·
16 ·
14 · of the Act shall be a person whose name is registered in the electoral roll of that category
11 ·
12 ·
13 ·
14 · Public notice of intended election. —
16 · Nomination of candidates. —
17 · Presentation of nomination paper and requirement of valid nomination.—
20 · Scrutiny of nomination papers.—
21 ·
17 ·
18 ·
19 ·
20 ·
22 · Publication of list of contesting candidates.—
23 · Declaration of result of uncontested candidate. —
26 ·
27 ·
28 ·
29 ·
22 ·
23 ·
24 ·
25 ·
31 · Challenge to identity. y. —
32 ·
33 ·
34 ·
35 ·
30 ·
31 ·
32 · Spoilt and returned ballot papers.—
36 · Provision of re-count. —
37 · Declaration of result and return by Returning Officer. r. —
38 ·
39 ·
40 ·
41 ·
36 ·
37 ·
1961 · framed under the Representation of the People’s Act, 1951 (43 of 1951), shall be followed for this purpose.
42 · Filling up of casual vacancy.—
43 · Election of Chairperson.—
44 ·
42 ·
43 ·
44 · Terms and conditions of service of the Chief Executive Officer of Board. —
45 · Conditions and restrictions subject to which Chief Executive Officer or any other officer may inspect any public office record and registers.—
46 · Inspection and issuance of copy of document . —
47 ·
45 ·
46 ·
47 · Appointment of Executive Officer .—-
49 ·
48 ·
49 · Time and manner forpreparation of budget by mutawalli.—
50 · Budget of auqafs under the direct management of Board .—
51 · Interval at which accounts of auqaf may be audited.—
52 ·
22 · and sent to the Collector of the respective district through special messenger or by registered post with acknowledgment due.
50 ·
51 ·
52 · Recovery of property transferred in contravention of Act.—
53 · Notice for removal of encroachment.—
54 · Conducting of inquiry on encroachment of waqf property.—
53 ·
54 ·
59 ·
55 ·
56 ·
57 ·
58 ·
59 · Consultation relating to scheme for administration of waqf.—
60 · Manner of holding inquiry under section 71 of the Act.—
61 · Annual contribution payable by a mutawalli of waqf to the Board under section 72 of the Act.—
62 ·
60 ·
61 ·
62 · Payment of monies into Waqf Fund and investment of such money under section 77 of the Act . .—
63 · Budget of Board .—
64 ·
65 ·
63 ·
64 · Time limit for filing application to Tribunal.—
65 · Terms and conditions of appointment of Chairman and members of Tribunal.—
66 · Filing of application for suits/appeal before Tribunal.—
67 ·
66 ·
67 · Otherprocedure to be followed by Tribunal.—
74 ·
75 ·
76 ·
77 ·
78 ·
79 ·
68 ·
69 ·
70 ·
71 ·
72 ·
73 ·
1908 · (5 of 1905) and the (… Name of State…) Civil Rules of Practice.
78 · Annual report.—
79 · Suits by or against the Board.—
10 ·
11 ·
12 ·
13 ·
14 ·
15 ·
1995 ·
1995 · and that in token thereof I have granted him/her this certificate of election.
8 · months
2 · Actual for the current year
3 · Actual for the preceding year proposed
8 · months
9 · A.
9 · B.
10 ·
9 · A. Miscellaneous receipts :
9 · B. Receipts from :
10 · Any other receipts
1 · General Administration
45 ·
1996 · by the
10 ·
11 ·
12 ·
13 ·
1995 · TO THE MUTAWALLI/MANAGING COMMITTEE OR THE APPLICANT
2 · Other income:-
1 · Jurisdiction:-
2 · Personnel:-
3 · Meetings and attendance:-
4 · Committees