Chapter X Chapter X

Directions of the Board.--The Board of Wakafs may issue to the Tehsil Committee such general or special directions as it may deem necessary for the performance of its functions and the Tehsil Committee shall comply with such directions.

Power to supercede Tehsil Committee.--(1) If in the opinion of the Government a Tehsil Committee is not competent to perform or persistently makes default in the performance of the duties imposed on it or has exceeded or abused its powers, the Government may, by notification in the Government Gazette, supersede the Tehsil Committee for such period as may be specified in the notification: Provided that before issuing a notification under this sub-section, the Government shall give a reasonable time to the Tehsil Committee to show cause why it should not be superseded and shall consider the explanation, if any, filed by it.

1. (2) On the supersession of a Tehsil Committee under sub-section (1), the Government shall appoint an Administrator to perform all the duties of the Tehsil Committee.

Transfer of Wakaf property.--(1) Save as otherwise provided in this Act, no transfer of any immovable property of a Wakaf by way of sale, gift, mortgage or exchange shall be valid. (1A) No transfer of any immovable property made in violation of sub-section

1. (1) shall be valid.
2. (2) Any Wakaf property such as agriculture lands, orchards, gardens, houses, shops, vacant plots, Hujaras, apartments attached to Khanqah and Sarais, may be leased out by the Board with the approval of the Government, upto 40 years subject to such conditions including those relating to transfer of lease hold rights, as the Government may, in each individual case, impose.
3. (3) The Board may transfer in the form of simple mortgage any immovable property of Wakaf other than a Wakaf by user as defined in sub-clause
   • (i) of clause
   • (d) of section 3 in favour of any Bank having an office for transacting the business of banking in the State, for securing loans, subject to the condition that in any suit based on such mortgage, the mortgaged property shall be sold only to a permanent resident of the State.

Contracts.--All contracts made under section 52 shall be executed by such person as the Board may authorise.

Act to override other laws.--The provisions of this Act and the rules and orders made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any such law.

Certain Acts not to apply.--Nothing in the Jammu and Kashmir Houses and Shops Rent Control Act, 1966 shall apply to any Wakaf property to which this Act applies.

Free entry of a Muslim to wakaf property.--Notwithstanding any custom or adjudication of any Wakaf in respect of any use or management of any Wakaf property exclusively by a particular sect, no shall be prevented from entering any masjid, dargah, Khankah, Imambara, etc. or performing therein his devotions according to the rituals of his own sect, or school.

Public servants --(1) Nothing in this Act shall prevent a Chairman or a member from being a member of a Tehsil Committee.

Power to make rules.--The Govt may, by notification, in the Government Gazette, make rules to carry out the purposes of this Act.

1. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--
   • (a) the particulars which a list of Wakafs published under section 5 may contain;
   • (b) the regulation of the function of the Tehsil Committees and the Board;
   • (c) the terms and conditions of service of the officers and staff of the Tehsil Committees and the Board;
   • (d) the forms in which a register of Wakafs may be maintained and the particulars which it may contain;
   • (e) the manner in which the accounts of the Wakafs and Wakaf Fund may be kept and audited and the contents of the auditors report;
   • (f) the payment of money into the Wakaf Fund, the custody and the disbursement of such money;
   • (g) the circumstances under which and the terms and conditions on which the Board may be allowed to borrow;
   • (h) the procedure, manner and the conditions in and on which the Board may obtained loans from Banks in lieu of mortgage of Wakaf property under this Act;
     • (i) person by whom orders and decisions of the Tehsil Committee may be authenticated;
   • (j) any other matter which has to be or may be prescribed.

Penalties--Any person contravening the provisions shall be punished with imprisonment of either description for a term which may extend to three months and with fine, not less than three hundred.

powers to remove difficulty.--