The Jammu and Kashmir Wakafs Act, 1978

Preliminary

1. (1) This Act may be called the Jammu and Kashmir Wakafs Act, 1978.
2. (2) It extends to the whole of the State of Jammu and Kashmir.
3. (3) This section shall come into force at once and the remaining provisions of this Act shall come into force on such date as the Government may, by notification in the Government Gazette, appoint.

Save as otherwise provided, this Act shall apply to all Wakafs whether created before or after this Act:

Definitions In this Act, unless the context otherwise requires,-

1. (a) "Wakaf" means the permanent dedication by a person professing Islam of any movable or immovable property for any purpose recognized by the Muslim Law as religious, pious and charitable object and any other object of the public utility sanctioned by the Muslim Law;
2. (b) "Board" means a Board established under this Act;
3. (c) "prescribed" means prescribed by rules made under this Act;
4. (d) "Wakaf" means the permanent dedication by a person professing Islam of any movable or immovable property for any purpose recognized by the Muslim Law as religious, pious or charitable and includes-
   • (i) a wakaf by user, Idgah, Dargah, Khankah, Graveyard, Takia, Masjid, Yatim Khana, Madrasa and Sama; and
   • (ii) a Wakaf-ul-Aulad-
5. (a) for the maintenance and support, wholly or partially, of the family, children or descendants; or
6. (b) for the maintenance of the Wakaf or for fulfilling the purpose of the rents and profits of the property: Provided that the ultimate benefit is in such cases for the poor or for any other purpose recognized by the Muslim Law as a religious, pious or charitable purpose of a permanent nature;
   • (iii) a grant, endowment or dedication of any property made by the Government or any person for such purposes;
7. (e) "Wakif" means any person making such dedications;
8. (f) "Mutawalli" means any person appointed either orally or by any deed or instrument by which a Wakaf has been created or by any competent authority to be the Mutawalli of the Wakaf;
9. (g) "Wakaf deed" means any deed or instrument by which a Wakaf has been created and includes any valid subsequent deed or instrument by which any of the terms of the original deed have been varied or added to.

Survey of Wakafs

1. (1) The Government may, by notification in the Government Gazette, appoint one or more officers, as may be necessary, for the purpose of making a survey of Wakafs in an area in which this Act is in force.
2. (2) Such appointment may be terminated by the Government at any time for reasons to be recorded.
3. (3) The Special Officer shall, after making such inquiries as may be necessary, submit his report to the Government containing the following particulars in respect of Wakafs, namely:-
   • (a) the number of Wakfs in the area;
   • (b) the name and object of each Wakf;
   • (c) the gross income;
   • (c) the expenses incurred in the realization of the income and the pay or other remuneration of the Mutawalli, of each Wakf; and
   • (f) such other particulars relating to each Wakf as may be prescribed.
4. (4) The Special Officer in making such inquiries shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, Samvat 1977 (Act 35 of Svt. 1977) in respect of the following matters, namely:-
   • (a) summoning and examining witnesses;
   • (b) requiring the discovery and production of any document;
   • (c) requisitioning any public record from any court or office;
   • (d) issuing commissions for the examination of witnesses and accounts;
   • (e) making any local inspection or local investigation; and
   • (f) any other matter which may be prescribed.
5. (5) If, during any such inquiry, any dispute arises as to whether a particular Wakaf is a wakaf within the meaning of this Act and there are clear indications in the deed of wakaf as to its nature, the dispute shall be decided on the basis of such deed.

1. (1) The decision of the Special Officer whether a particular property is Wakaf property, shall, subject to any order made by the Government on appeal, be final.
2. (2) Any person aggrieved by an order of the Special Officer may prefer an appeal to the Government within 60 days from the date of the order and there shall be no further appeal.
3. (3) Notwithstanding anything contained in any law for the time being in force and save as otherwise provided in this Act, no Civil Court shall have jurisdiction to settle, decide or deal with any question or to determine any matter which is by or under this Act required to be settled, decided or dealt with or to be determined by the Special Officer.

1. (1) On receipt of a report under sub-section
2. (3) of section 4, the Government shall after consulting the concerned committee publish the list of Wakfs in the Government Gazette.
3. (2) The list of Wakafs published under sub-section
4. (1) shall, unless it is modified in pursuance of a decision of the High Court, be final and conclusive.

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.

Wakaf Board

Establishment of Board of Wakafs.--(1) There shall be established a Board of Wakafs for each province of the State which shall consist of eight members, two-thirds of whom shall be elected by the members of Tehsil Committee in a province from amongst themselves or from others, in such manner as may be prescribed and one-third of whom shall be nominated by the Government : Provided that in case of Wakafs governed, managed or administered by or under any Trust Deed referred to in sub-section

1. (2) of section 7, the Board of Trustees or the Managing body of such trust shall be deemed to be the Board for such Wakafs, within the meaning of this section and notwithstanding anything contained to the contrary in this Act, and every such Board or Managing body shall continue and function according to the provisions of the Trust Deed.
2. (2) The provisions of sections 9, 10, 11, 12, 14, 15, 16, 17, 18, 19, 20 and 21 shall apply mutatis mutandis to the Board other than the Board referred to in the proviso to sub-section (1).

Powers and duties of the Board.--It shall be the duty of the Board to see that every Wakaf property within its jurisdiction is maintained in accordance with the provisions of this Act and the rules made thereunder and for the fulfillment of this duty, the general administration, control and superintendence of all Wakaf properties and income thereof in accordance with the provisions of this Act and the rules made thereunder and for the general administration, control and superintendence of all Wakaf properties shall vest in the Board.

Mutawallis

Mutawalli to carry out directions.--(1) The Mutawalli of every Wakaf shall comply with all directions of the Tehsil Committees or the Board in respect of the Wakaf of which he is the Mutawalli.

1. (2) The Mutawalli of every Wakaf shall on request, afford inspection of the documents and the property of Wakaf and render assistance in inquiries, when called upon to do so by the Tehsil Committee, the Chairman or the Secretary of the Committee or any officer appointed by the Board or the Tehsil Committee.

Disqualification for appointment.--Notwithstanding anything contained in any law, decree, order or instrument, a person shall not be qualified to be appointed or to continue as Mutawalli--

1. (i) if he is not a muslim ;
2. (ii) if he is under 21 years of age ;
3. (iii) if he is a person of unsound mind ;
4. (iv) if he has been convicted of an offence involving moral turpitude ;
5. (v) if he is addicted to liquor, charas, opium, chandu, bhang or any other intoxicant ;
6. (vi) if he carries on a trade which is prejudicial to or inconsistent with sunna or shariat ;
7. (vii) if he habitually indulges in activities which are anti-social ;
8. (viii) if he is otherwise ill-reputed or of a bad character ;
9. (ix) if he is unable to perform or his performance of any duty imposed is bad or has exceeded or abused his powers.

Powers to appoint Mutawallis.--

1. (1) When the vacancy of the Mutawalli of a Wakaf or where any Mutawalli suffers from any disqualification under section 28, or where the right to be a Mutawalli is disputed, the Tehsil Committee may after giving him an opportunity of being heard appoint any person to act as Mutawalli for such period and on such conditions as it may think fit; provided that every such appointment shall be notified in the prescribed manner.
2. (2) For removal of doubt it is hereby declared that the removal from the office of the Mutawalli shall not affect his personal rights, if any, in respect of the Wakaf property either as a Beneficiary or in any other capacity specifically provided in any document, deed or tamad creating the Wakaf.
3. (3) Where a Mutawalli has been removed from his office under sub-section
4. (1) or sub-section (2), the Tehsil Committee may, by order, direct the Mutawalli to deliver possession of the Wakaf property to the Committee or any officer thereof duly authoried in his behalf or to any person appointed as Mutawalli of the Wakaf property. The order of the Tehsil Committee shall be deemed to be a decree of a Civil Court of competent jurisdiction and shall be executed by the Civil Court as if it had passed the decree.

Finance

Finance.--

1. (1) The Board shall be incharge of all income of the Wakaf property within its jurisdiction. All sums received by any Tehsil Committee shall be paid to the Board and shall form a fund to be called "the Wakaf Fund".
2. (2) The Wakaf Fund shall be applied to--
   • (a) improvement, repair and maintenance of Wakaf property including purchase of immovable property or construction of new buildings, shops and other structures whether for commercial or other purposes and expenditure both of recurring and non-recurring character necessary to be incurred in connection with such Wakaf properties;
   • (b) repayment of any loan incurred by the Board or Tehsil Committee;
   • (c) payment of the cost of audit of the Wakaf Fund and of the Wakaf;
   • (d) payment of the salaries and the allowances of the Secretary and the staff of the Board and the Tehsil Committee;
   • (e) payment of the travelling allowances to the Chairman, Members, Secretary and the staff of the Board and the staff of the Committee;
   • (f) payment of all expenses incurred by the Board or Tehsil Committee in the performance of the duties imposed and in exercise of the powers conferred by or under this Act;
   • (g) propagation of knowledge of Islamic Law or for rendering pecuniary assistance to indigent Muslims under the Wakaf Fund;
   • (h) payment of other charges as may be sanctioned by the Board.

Budget of the Board

Accounts.--The Board and the Tehsil Committee shall keep accounts in such form and in such manner as may be prescribed.

Audit

Audit of accounts.--

1. (1) The accounts of the Board and the Tehsil Committee shall be audited annually by an auditor appointed by the Government.
2. (2) The auditor shall submit his report to the Government and to the Board and the Tehsil Committee.
3. (3) The auditor's audit report shall contain the details of illegal or irregular expenditure or of failure to recover money or other property or of any loss, waste or misapplication of money or other property and of any other matter which the auditor may deem fit to report.
4. (4) The auditor shall, in every such case, certify the amount of such loss, waste or misapplication and the person, who, in the opinion of the auditor, is responsible for such expenditure, waste or misapplication and may, in every such case, certify the amount of such [loss] due from such person.

The Government to pass order on auditor's report.--The Government may, after examining auditor's report and may call for the explanation of any person in regard to any matter mentioned therein, and shall pass such order as it may deem fit.

Sums certified due recoverable as arrear of land revenue.--Every sum certified to be due from any person by the auditor in his report shall be paid by such person within sixty days after the date of demand for the same is issued by the Government and if the sum is not paid, it shall be recovered as an arrear of land revenue.

Money to be deposited in a Bank.--All money belonging to the Wakaf and the Wakaf Fund shall be deposited in a Bank, Scheduled Bank or in the Treasury as may be determined by the Board and shall be operated in such manner as may be prescribed.

Judicial Proceedings

Institution of suits under section 2 of the Religious Endowments Act, Samvat 1977 and Section 92 of the Code of Civil Procedure, Samvat 1977

Notice by courts.--In every case in which a suit or proceeding is instituted in any Civil Court in respect of any Wakaf property, notice of such suit or proceeding shall be given to the Tehsil Committee by the court.

Proceedings under the Land Acquisition Act, 1990.--

1. (1) If in the course of any proceedings under the Land Acquisition Act, 1990, it appears to the Collector or the authorized officer that a property under acquisition is Wakaf property, it may at any time before such award is made, refer the matter to the Tehsil Committee.
2. (2) The Tehsil Committee after giving an opportunity of being heard to the parties interested, determine the nature of the property.
3. (3) When the Tehsil Committee determines the property as Wakaf property, it may initiate proceedings under this Act or under section 33 of the Land Acquisition Act as the case may be.
4. (4) Any order passed under section 32 or section 33 of the Land Acquisition Act, 1990 without giving an opportunity of being heard to the Tehsil Committee shall be declared void if the Tehsil Committee or any person authorized in this behalf by the Tehsil Committee applied to the court.

Committee to be made a party to a suit or proceeding regarding Wakaf on its application.--In any suit or proceeding in respect of any Wakaf or any Wakaf property by or against a stranger to the Wakaf or any other person, the Tehsil Committee may appear and plead as a party to the suit or proceeding.

Unauthorised occupation.--In this Act "unauthorised occupation" in relation to a Wakaf property means the occupation of the Wakaf property without authority for such occupation, and includes the continuance of occupation by any person of the Wakaf property--

1. (a) after the authority (whether by way of grant or any other mode of transfer) under which he was allowed to occupy such property has expired; or
2. (b) in contravention of the provisions of the Act.

Notice of eviction.--(1) If the Tehsil Committee is of the opinion that any person is in unauthorised occupation of any Wakaf property, the Committee may make a notice in this behalf and serve the same in such manner as may be prescribed, directing that person to show cause why an order of eviction should not be made.

1. (2) The notice shall--
   • (a) specify the grounds on which the order of eviction is proposed to be made; and
   • (b) require all persons concerned, that is to say, all persons who are, or may be, in occupation of; or claim interest in the Wakaf property, to show cause, if any, against the proposed order on or before such date as is specified in the notice being a date not earlier than ten days from the date of issue thereof.
2. (3) The authority shall cause the notice to be served by having it, affixed on the outer door, or some other conspicuous part of the Wakaf property and in such other manner as may be prescribed and the notice shall be deemed to have been duly given to all persons concerned.

Order of eviction.--(1) If after considering the cause, if any, shown by any person in pursuance of a notice under section 43 and any evidence he may produce in support of the same and after giving him a reasonable opportunity of being heard, the Authority is satisfied that the Wakaf property is in unauthorised occupation, the Authority may, on a date to be fixed for the purpose, make an order of eviction, for reasons to be recorded therein, directing that the Wakaf property shall be vacated by all persons who may be in occupation thereof or any part thereof, and cause a copy of the order to be affixed on the outer door or some other conspicuous part of the wakaf property.

1. (2) If any person refuses or fails to comply with the order of eviction within 15 days of the date of its publication under sub-section (1), the Authority or any other officer authorised by the Authority in this behalf, may move the Collector of the District to evict such person and there upon the Collector shall evict that person from the Wakaf property and take possession thereof and may for that purpose, call upon the Officer-in-Charge of Police Station of the area to render assistance in evicting that person.

Removal of movable property.--Any property found in the Wakaf property after the eviction of any person in unauthorised occupation thereof may be removed after having an inventory thereof prepared in the presence of two witnesses and any movable property so found shall be given for safe custody of the person evicted about whom he may choose or if he refuses to take it, to be under receipt.

Recovery of sums due.--(1) Where any person is in arrears of any sum payable in respect of any Wakaf property, the Tehsil committee, may by order, direct that person to pay the same within such time and in such instalments as may be specified in the order.

1. (2) If any person refuses or fails to pay arrears of sum or any instalment payable under sub-section
2. (1) within the time specified in the order relating thereto, the Tehsil Committee may issue a certificate for the amount due, to the Collector who shall proceed to recover the same as an arrear of land revenue.

Powers of a Committee.--A Tehsil Committee shall, for the purpose of holding any inquiry under this Act, have the same powers as are vested in a Civil Court under the Code of Civil Procedure, Samvat 1977 in respect of the following matters, namely :--

1. (a) summoning and enforcing the attendance of any person and examining him on oath;
2. (b) requiring the discovery and production of documents;
3. (c) any other matter which may be prescribed.

Appeal.--(1) Any person aggrieved by an order made under section 43, section 44 or section 45 may within 60 days from the date of the order prefer an appeal to the Government in such form and manner as may be prescribed.

1. (2) The period of limitation in respect of an appeal shall be 60 days.
2. (3) Pending disposal of the appeal by the Collector or the Authority, the Government may stay the order.

Order of Government to be final.--Every order made by the Government under section 48 shall be final and shall not be called in question by or in any suit, application or execution of a decree.

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.--