Government of India
rules · Year unknown · State unknown
Parent: LIST OF AMENDING ACTS (f36c1e7522be9eb953084d9776f47cec0f582d5e)
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T~Aa j4a 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 STO THT aygcaT 3Td dT4 4m HRT PTR 7rq Tdt klessage 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. L 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. [ would, however; 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: LUx"aktk& (Najma Heptulla) TTaTRule TOC
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74 · Orders and directions in certain cases. The Tribunal may, notwithstanding any of the foregoing provisions, give such orders or give such directions as may be necessary or expedient to secure the ends ofjustice. 75. Language of Tribunal: The language ofthe Tribunal shall be English: Provided that the parties to proceedings before the Tribunal may file documents/proceedings drawn up in Urdu or Hindi or the regional language, ifthey so desire: Provided further that every such document/proceedings in Urdu/Hindi/local language shall be accompanied by its true translation into English: Provided that the Tribunal may, in its discretion, permit the use oflocal regional language in the proceedings but the final order shall be in English: 76. Seal of the Tribunal: The official seal ofthe Tribunal shall be such as the Government may specify: 77 . Code of Civil Procedure and the (Name of the State):= High Court rules to be generally followed. _ In deciding any question relating to the procedure not specially provided by the Act or these rules, the Tribunal shall, as far as possible, be guided by the provisions contained in the Code of Civil Procedure, 1908 ( 5 of 1908) and the. High Court Rules.
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