Chapter III Chapter III

Wakaf Committees

Wakaf Committee and its incorporation.-(1) The Government may, by notification in the Government Gazette, establish one Committee in each Tehsil for purposes of this Act : Provided that any Committee appointed under any law before the commencement of this Act for any area or part of an area shall continue to function as such till a new Committee is constituted under this Act : Provided also that if on the commencement of this Act there is no Committee or an Administrator in any Tehsil, the Government may, by order, appoint any person as an Administrator who shall perform all the duties of a Tehsil Committee with such powers as may be specified and the appointment so made shall be subject to the proviso to clause

1. (a) and clause
2. (b) and clause
3. (c) :
4. (b) all property managed by the Committee shall, if the Tehsil Committee is constituted, be managed by the Administrator; and
5. (c) the Administrator so appointed may at any time be removed by the Government who shall also have the power to appoint another person in his place :

1. (3) Notwithstanding anything contained in this Act, the Government may, by order, direct any Tehsil Committee to affiliate any Wakaf with the All Jammu and Kashmir Auqaf Trust, and thereupon the provisions of this Act shall apply to such Wakaf in the same manner as they apply to any other Wakaf.
2. (4) The Tehsil Committee shall be a body corporate having perpetual succession and a common seal with power to acquire, hold and dispose of property, both movable and immovable and to transfer property, subject to such conditions and restrictions as may be prescribed by or under any law for the time being in force and shall by the said name sue and be sued.

Constitution of a Tehsil Committee.-(1) Subject to the provisions of sub-section

1. (2) of section 7, the Tehsil Committee shall consist of nine members, two-thirds of who shall be elected and one-third nominated in accordance with the provisions of this Act and the rules made thereunder.
2. (2) The members required to be elected for Tehsil Committee shall be elected in the prescribed manner by the members of the electoral college which shall consist of the Muslim members of-
   • (i) Municipal Council ;
   • (ii) Notified Area Committee ;
   • (iii) Town Area Committee ;
   • (iv) Panchayats ; and
   • (v) The State Legislature ; falling within the Tehsil for which a Committee or Committees are to be constituted.
3. (3) The nominated members of the Tehsil Committee shall be nominated by the Government in the Government Gazette : Provided that if for some reason to be recorded in the manner prescribed, it is not possible to constitute an electoral college as provided in sub-section (2), the Government may nominate all the members of a Tehsil Committee as the case may be.
4. (4) There shall be a Chairman and a Vice-chairman of each Tehsil Committee who shall be elected by the members thereof from amongst themselves.

Term of office.-The members of a Tehsil Committee shall hold office for the period of three years from the date of the notification of their election or nomination : Provided that a member shall, notwithstanding the expiration of his term of office, continue to hold office until the election or nomination of his successor is notified in the Government Gazette.

Provisions not applicable to trust.-(1) The provisions of sections 4, 8, 9, 11, 12, 13, 14, 15, 17, 18, 20, 21, and 54 shall not apply to a Committee or members of Managing Body of any Wakaf referred to in sub-section

1. (2) of section 7.
2. (2) The terms and conditions of service of members of the Managing Body or the method of management of any such Wakaf shall be regulated in accordance with the Trust Deed under which it is created and or the rules and regulations thereof, notwithstanding anything to the contrary in this Act.

Disqualification.-A person shall not be qualified to be elected or nominated or to continue as a member of a Tehsil Committee-

1. (a) if he is not a Muslim ;
2. (b) if he is less than 21 years of age ;
3. (c) if he is found to be a person of unsound mind ;
4. (d) if he is an undischarged insolvent ;
5. (e) if he has on any previous occasion been removed from office of a member or has been removed by the Government or by a Court from any position of trust either for mismanagement or misconduct ; or
6. (f) if he has been convicted of any offence under any law for the time being in force for an offence involving moral turpitude.

Meeting of the Tehsil Committees.-(1) A Tehsil Committee shall meet for the transaction of business at such time and places as the Chairman may determine.

1. (2) The Chairman or the Vice-Chairman when the Chairman is absent, and in case of absence of both, any member chosen by the members present amongst themselves, shall preside at a meeting of the Tehsil Committee.
2. (3) Subject to the provisions of this Act, all questions which may come before any meeting of a Tehsil Committee shall be decided by the majority of the members of the Committee and in the case of equality of votes the Chairman or in his absence any other person presiding, shall have a casting vote.

Functions of the Committee.-(1) Subject to superintendence and control of the Board a Tehsil Committee shall-

1. (a) ensure that Wakafs under it are properly maintained and managed in accordance with the provisions of this Act and if it considers necessary, appoint a Sub-Committee for the said manner and for carrying out such functions as it may deem proper;
2. (b) maintain a record containing information relating to the origin, income, object and beneficiaries of every Wakaf;
3. (c) ensure that the income and other properties of the Wakaf are applied to the objects and for the purposes for which such endowments were intended;
4. (d) propose to the Board schemes of the management for a Wakaf;
5. (e) prepare its own budget and budgets of all Wakafs within its jurisdiction and to submit the same to the Board for its approval;
6. (f) propose to the Board appointment and removal of Mutawallies in accordance with the provisions of this Act;
7. (g) take measures for the recovery of the lost properties of any Wakaf;
8. (h) institute and defend suits and proceedings in a Court of law relating to Wakafs;
   • (i) sanction leases of properties for a term not exceeding five years at a time;
9. (j) call for such returns, statistics accounts and other information from the Mutawallies with respect to Wakaf property as it may from time to time, require;
10. (k) inspect or cause inspection of Wakaf properties, accounts or records of deeds and documents relating thereto;
11. (l) investigate and determine the nature and extent of Wakafs and Wakaf properties and to cause, wherever necessary, a survey of the Wakaf properties; and
12. (m) generally do all such acts as may be necessary for the maintenance and administration of Wakafs.

Resignation of the Chairman and the members.-The Chairman or any other member may resign his office by writing under his hand addressed to the Board.

Removal of the Chairman and the members.-(1) The Government may remove the Chairman or Vice-Chairman of a Committee or any member thereof, if he-

1. (a) is or becomes subject to any disqualification specified in section 11; or
2. (b) fails without excuse, to attend three consecutive meetings of the Tehsil Committee; or
3. (c) refuses to act or is incapable of acting or acts in a manner which the Government, after hearing any explanation that he may offer, considers to be prejudicial to the interests of the Wakaf.

1. (2) Where, the Chairman of the Tehsil Committee is removed under sub-section
2. (1) he shall also cease to be a member of that Committee.

Filling up of a vacancy.--When the seat of a member becomes vacant by removal, resignation, death or otherwise a new member shall be elected or nominated, as the case may be, in his place in accordance with the provisions of this Act and in the case of a Committee or Board the member elected by that body and such member shall hold office for the period for which the place he fills would have been entitled to hold office if the vacancy had not occurred.

Vacancies amongst members in the constitution not to invalidate acts or proceedings of the Committee.--No act or proceeding of the Tehsil Committee shall be invalid by reason only of the existence of any vacancy among its members or any defect in the Constitution thereof.

Appointment of staff.--(1) The Chairman may appoint such staff as may be necessary for the efficient administration of the Wakaf and the Wakaf Committee on such salaries and allowances as may be provided in the Budget.

1. (2) The Chairman may fine, suspend, dismiss or remove any member of the staff appointed by him under sub-section
2. (1) of this section.
3. (3) An appeal against any order made under sub-section
4. (2) shall lie to the Board within sixty days from the date of order.

Public servants Public servants.--The Chairman, Vice-Chairman and members of a Tehsil Committee and all other persons appointed under this Act shall be deemed to be public servants within the meaning of the Jammu and Kashmir Penal Code, Samvat 1989.

Secretary of the Committee.--(1) There shall be a Secretary of the Committee, who shall be a muslim and shall be appointed by the Board in consultation of Tehsil Committee.

1. (2) The Secretary shall be the Chief Executive Officer of the Committee and shall be under its administrative control.

Delegation of powers.--A Tehsil Committee may, by an order in writing, delegate to the Chairman, Secretary or any other officer or servant of the Committee, subject to such limitations, if any, as may be specified in the order, such powers and duties under this Act as it may deem necessary.

Prevention of disqualification of membership of Legislature.--It is hereby declared that the office of Chairman or Vice-chairman, member of a Tehsil Committee, a Board, Board of Trustees or any other body referred to in sub-section

1. (2) of section 7 shall not be deemed never to have disqualified, the holders thereof for being members of the State Legislature.

Register of the Wakafs.--A Tehsil Committee shall maintain a register of the Wakafs which shall contain in respect of each Wakaf, copies of the deeds when available and the following particulars namely :--

1. (a) the nature of the Wakafs ;
2. (b) the name of the Mutawalli ;
3. (c) particulars of Wakaf properties and title deeds and documents relating thereto ;
4. (d) particulars of the scheme of administration ; and
5. (e) such other particulars as may be prescribed.

Decision if a property is Wakaf property.--(1) A Tehsil Committee may on its own motion or on an application made to it, collect information respecting any property which it has reason to believe to be a Wakaf property and if any question arises whether a particular property is Wakaf property or not it may after making, such inquiry as it may deem fit, decide the question.

1. (2) The decision of the Tehsil Committee on any question whether under sub-section
2. (1) shall unless revoked or modified by the Government in appeal within sixty days from the date of decision, be final.