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ASSAM WAKF RULES, 1998
(1) These rules may be called the Assam Wakf Rules, 1998.
(2) They shall come into force on the date of their publication in the official Gazette.
(1) In these rules, unless the context otherwise requires,—
(a) “Act” means the Wakf Act, 1995 ;
(b) “Board” means, the Assam Board of Wakf;
(c) “Ballot Box” includes any box, bag or other receptacle used for the insertion of ballot papers by voters;
(d) “Chairperson” means the Chairperson of the Board;
(e) “count” means all the operations involved in the counting of the votes recorded for candidates;
(f) “electoral roll” means the separate list of members of each of the four electoral colleges specified in Cls. (i), (ii), (iii) and (iv) of S. 14(1) (b) of the Act;
(g) “election” means an election to fill a vacancy in the office of the members of the Assam Board of Wakfs under Cls. (i), (ii), (iii) and (iv) of S. 14 (l)(b)of the Act;
(h) “Election Authority” means the Secretary to the G
The report of the Survey Commissioner shall, in addition to the particulars referred to in Cls. (a) to (e) of sub-S. (3) of S. 4, contain the following particulars in respect of each Wakf, namely:
(i) the details of immovable property showing the village or town where situated, the dag and patta number, the area and description of the tenure on which held and the estimated value thereof;
(ii) description of the moveable property with estimated value of each class of such property including investment and their particulars;
(iii) encumbrances, if any, on the properties mentioned in Cls. (i) and (ii);
(iv) the manner in which the Wakf is administered at present, that is, whether under a scheme settled by a Court of law or by a registered document or established custom or usage;
(v) title deeds pertaining to the Wakf property and name of the person or
A list of Wakfs to be published under sub-S. (2) of S. 5 shall contain the following particulars, namely—
(a) name and location of Wakfs (showing the Shia Wakfs and Sunni Wakfs separately);
(b) name of the Wakif of Wakfs;
(c) the date or year of the creation of the Wakf;
(d) name and address of the Mutawalli;
(e) the nature and object of each Wakf;
(f) the gross annual income and expenditure of the property comprised in each Wakf;
(g) any other particulars as the State Government may, by order, require.
(1) The Secretary to the Government of Assam, Minorities Welfare and Development Department shall be the Election Authority for the purpose of conduct of elections under the Act. The superintendence, direction, control and conduct of election of members of the Assam Board of Wakfs under S. 14 (1) (b) of the said Act in ordinary vacancies and casual vacancies shall be his responsibility:
Provided that the Secretary to the Government of Assam, Minorities Welfare and Development Department may delegate to any other officer of the Minorities Welfare and Development Department not below the rank of Deputy Secretary all or any of the powers of the Election Authority for conduct of any election under this Act and in such vent he shall be deemed to be the Election Authority for the purpose.
(2) The Election Authority shall designate or nominate Election Officer, who shall as far as possible be a Gazetted Officer of the State Gov
(1) The Election Authority shall obtain the list of persons eligible to vote in the categories (i), (ii), (iii) and (iv) of S. 14 (1) (b) of the Act from the officers specified in sub-R. (2); and the list of such persons shall form the electoral college for that category and the persons whose names find place in the list shall be the electors for that category of members.
(2) The lists shall be obtained—
(a) for the category referred to in S. 14(1) (b) (i)—from the Secretary, Assam Legislative Assembly;
(b) for the category referred to in S. 14(1) (b) (ii)—from the Secretary, Assam Legislative Assembly;
(c) for the category referred to in S. 14(1) (b) (iii)—from the Secretary, Bar Council of Assam, Nagaland, Meghalaya, Manipur, Tripura, Mizoram and Arunachal Pradesh;
(d) for the category referred to in S. 14(1) (b) (iv)—from the Chief Executive Officer,
The lists obtained under R. 6 shall be displayed on the Notice Board of the Election Authority and in the office of the Assam Board of Wakfs, not less than seven days before the notified date of election under R. 9(2).
(1) Any person aggrieved by such publication may file objection-petition before the Election Authority within four days of such publications, for addition, deletion or modification of any name.
(2) The Election Authority after going through the objection-petition and obtain#31;ing any further information from any source, as he may deem fit and after giving per#31;sonal hearing to the objection-petitioner or to any other person, if he feels necessary, shall pass order on the objection-petition.
(3) In the light of the order or orders passed under sub-R. (2), if the electoral roll requires any modification, the Election Authority, after incorporating such modifica#31;tion, shall publish the final Electoral Roll not less than two days before the date of election notified under R. 9(2) and such Electoral Roll shall be the final and conclusive lists of electors for the election notified under R. 9(2).
(1) After the commencement of the Act or on the expiration of the terms of the Board or its supersession or dissolution under S. 99 or filling up of any casual vacancy caused to a particular category under S. 16 or S. 64, as the case may be, there shall be held an election to elect the members of the Board from amongst the categories referred in S. 14(1) (b) and for the above purpose the Election Authority shall, subject to such directions as may be issued by the State Government in this behalf by notification in Form I published in the Assam Gazette, call upon, on such date or dates as may be specified therein, to elect members of the Assam Board of Wakfs in accordance with the provisions of the Act and the rules made thereunder.
(2) The notification shall specify the last date for making nominations, the date for scrutiny of nominations, the last date for withdrawal of the candidature, the date or dates on which and the time during which the
Notwithstanding anything contained in these rules, where the election process is interrupted or the election programme has to be altered on account of the orders of any Court of law or for other valid reasons to be recorded in writing, it shall be competent for the Election Authority either generally or in respect of any specified category/categories of members to alter the election programme notified under sub-R. (1) of R. 9 and re-notify the election programme as he deems fit in the circumstances of the case without having regard to the guidelines mentioned in sub-R. (2) of R. 9 and the Election Officer shall give effect to the same:
Provided that where the election programme is notified under this rule commenc#31;ing from the making of nominations, the nominations already made shall be disre#31;garded.
(1) Any person may be nominated as a candidate to fill the office of the member of the Assam Board of Wakfs if he is qualified to be chosen to fill the seat under the provisions of the Act. Every nomination paper shall be in Form III. This shall be presented on or before the date appointed, by the candidate or by his proposer in person, between the hours specified, to the Election Officer at the place specified and signed by the candidate and in case of nomination being filed by the proposer, signed by the candidate and the proposer. The candidate shall sign the declaration on the nomination paper expressing his willingness to stand for the election.
(2) (a) A candidate for the office of the member of the Assam Board of Wakfs from any of the categories specified in S. 14(1) (b), shall be a person whose name is registered in the electoral roll of that category.
(b) Each candidate shall be nominated on a separate nomination
(1) On receiving the nomination paper, the Election Officer shall forthwith number the nomination paper serially in the order in which it is presented and give a receipt as provided in Form IV. The Election Officer or such other authorised person shall satisfy himself that the name and number of the candidate and his proposer as entered in the nomination paper are the same as those entered in the electoral roll.
(2) The Election Officer may while interpreting an entry in the electoral roll overlook merely clerical or printing errors, but he shall record the interpretation adopted by him, together with the reasons therefor, while making the formal acceptance or rejection on scrutiny of a nomination.
Immediately after expiration of the time specified for receipt of the nomination papers on the date fixed for that purpose, the Election Officer or such other authorised person shall publish at his office a list in Form V of all the nomination received, with a notice that the papers will be taken up by the Election Officer for scrutiny at the specified, place, date and the time.
On the date appointed for scrutiny of the nomination, the candidates, the proposer of each candidate and one other person duly authorised in writing by each candidate, may attend at such time and place as may be specified under R. 13.
The Election Officer may, however, admit such other persons as he thinks fit to assist him to examine the nomination papers of all the candidates, which have been received as aforesaid.
(2) The Election Officer shall examine the nomination papers and shall decide all objections, which may be made at the tune of scrutiny of any nomination paper and may, on such objection or on his own motion, after such summary enquiry as he thinks necessary, reject any nomination on any of the following grounds, namely:
(i) that the candidate is ineligible for election as a member of that particular category;
(ii) that the candidate incurred any of the disquali
Any candidate may withdraw his nomination hi writing in Form VII signed by him and delivered to the Election Officer in person or by his proposer not later than 5 o’clock in the evening of the appointed last day of withdrawal. The Election Officer shall give a receipt in Form VII on being satisfied as to the genuineness of the notice of withdrawal and the identity of the person delivering it.
(1) On the following day after withdrawal of the nominations, the Election Officer shall prepare a list in Form VIII of persons whose nominations have been found valid and display it in the Notice Board of his office.
(2) The list shall contain the names of the candidates as described in their nomination paper duly arranged in English alphabetical order.
(1) If number of contesting candidates is more than the number of vacancy/vacancies in a particular category, poll shall be conducted.
(2) If number of contesting candidate/candidates is equal or less than the number of vacancy/vacancies hi a particular category, the Election Officer shall forthwith declare such candidate/candidates as duly elected in Form IX and send the same to the Election Authority.
If a contesting candidate dies and a report of his death is received before commencement of the poll, the Election Officer shall, upon being satisfied of the fact of the death of the candidate, countermand the poll and election proceeding shall be started afresh in all respects as if for a new election:
Provided that no fresh nomination, shall be necessary in the case of candidate who stood validly nominated at the time of countermanding of the poll.
(1) If poll is to be conducted, the Election Officer shall take neces#31;sary action for conduct of poll and shall see that the election is fairly conducted at the polling station, and regulate the number of electors to be admitted at one time, and shall exclude all persons other than the following :
(a) the candidate;
(b) the police or other public servants on duty ;
(c) his own clerks and such persons as the Polling Officers may from time to time admit for the purpose of identifying electors;
(d) persons authorised by the Government;
(e) a child in arms accompanying an elector; and
(f) a person accompanying a blind or infirm elector who cannot move with#31;out help.
(2) Where a women elector cannot be identified by the Election Officer by reason of her observing pardah, she may be required to be identified
(1) All electors voting at an election shall vote in person at the polling station provided for them under the rules.
(2) Counting shall be arranged at the end of the polling for the election of each category of members specified in S. 14(1) (b).
Immediately before commencement of the poll the Polling Officer shall demonstrate to the polling agents and other persons present that the ballot box is empty.
(1) Every ballot paper shall contain serial number and list of contesting candidates in the serial order of English Alphabet.
(2) Every ballot paper shall, before issue to an elector, be—
(a) stamped or written on its back—
(i) name and category of member;
(ii) place of election;
(b) signed on its back by the Election Officer.
Immediately after a ballot paper is issued to an elector, the Election Officer shall obtain the signature of the elector in token of having received the ballot paper, on the office copy of electoral roll to be retained by the Polling Officer for record.
(1) Every elector to whom a ballot paper has been issued under R. 23 shall maintain secrecy of voting within the polling station and for that purpose observe the voting procedure hereinafter laid down.
(2) The elector on receiving the ballot paper shall forthwith—
(a) proceed to the voting compartment;
(a) record his first, second, third and so on preference by writing numerical 1,2, or 3 and so on against the names of the contestants he intends to give the preference’; and
(c) insert the folded ballot paper into the specified ballot box.
(3) Every elector shall vote without any delay.
(1) If owing to blindness or other physical infirmity, an elector is unable to recognise the name of the contestants on the ballot paper or to write preference thereon, the Election Officer shall record the vote on the ballot paper in accordance with the wishes of the elector, fold it and insert it into the ballot box.
(2) While acting under this rule, the Election Officer shall observe secrecy and shall keep a brief record of each instance, but shall not indicate therein the manner in which any vote has been exercised.
(1) Any candidate may challenge the identity of a person claiming to be a particular elector by first depositing a sum of one hundred rupees in cash with the Election Officer for each such challenge.
(2) On such a deposit being made, the Election Officer shall—
(a) warn the person challenged of the penalty for impersonation ; and
(b) read the relevant entry in the electoral roll in full and ask him whether he is the person referred to in the entry or not.
(3) The Election Officer shall thereafter hold a summary inquiry into the challenge and may for that purpose—
(a) require the challenger to adduce evidence in proof of the challenge and the person challenged to adduce evidence in proof of his identity;
(b) put the person challenged any question necessary for the purpose of establishing his identity and require him to answer them o
(1) An elector who has inadvertently dealt with his ballot paper may, by delivering it to the Polling Officer and on satisfying him of the inadvertence, be given another ballot paper and the ballot paper so returned counterfoil of such ballot paper shall be marked as ‘Spoiled—Cancelled’ by the Election Officer.
(2) If an elector after obtaining a ballot paper decided not to use it, he shall return it to Polling Officer, and the ballot paper so returned and the counterfoil of such ballot paper shall be marked as ‘Returned—Cancelled’ by the Election Officer.
(3) All ballot papers cancelled under sub-R. (1) and sub-R. (2) shall be kept in a separate packet.
The counting of votes shall commence immediately after the poll at the same place where voting was conducted.
The Election Officer shall—
(a) open the ballot box, count the ballot papers and ensure that the number of ballot papers found in the box are the same as the number of ballot papers issued as per the office copy of the electoral roll;
(b) separate the ballot papers which he deems valid from those which he rejects endorsing on each of the ballot paper the word ‘Rejected’ and the brief ground of rejection.
A ballot paper shall be invalid in any one or more of the following cases:
(a) same preference is recorded against more than one names;
(b) numerical preference is so placed as to render it doubtful to which candidate it is intended to apply;
(c) the numerical or such figure are written opposite to the names in such a manner that it is not possible to ascertain the intended preference of the elector;
(d) there is any mark or writing by which the elector can be identified.
After rejecting the ballot papers which are invalid, the Election Officer shall—
(a) count the maximum number of first preference votes polled hi favour of a candidate, then count the maximum of second preference votes polled in favour of a candidate and so on and arrange the names of the candidates in that order;
(b) after such counting, the candidate obtaining the maximum number of first preference votes shall be declared elected if the number of vacancy is one in case of vacancies being two, candidate obtaining (he maximum number of second preference votes shall be declared elected for the second vacancy:
Provided that in case more than one candidate secured equal number of first preference votes or second preference votes, as the case may be, the result shall be decided by drawing lot.
(1) Any candidate or in his absence, his proposer, may at any time during the counting of the votes, either before or after the completion of the counting of votes, request the Election Officer to re-examine and recount the papers of all or any candidate and the Election Officer may re-examine and recount the same accordingly.
(2) The Election Officer may in his discretion recount the votes either once or more than once in any case in which he is not satisfied as to the accuracy of any previous count:
Provided that nothing in this sub-rule or sub-R. (1) above shall make it obligatory on the Election Officer to recount the same votes more than once.
(1) Upon the completion of counting, the Election Officer shall, subject to the foregoing provisions—
(a) declare the result under Cls. (i), (ii), (iii), and (iv) of S. 14 (1) (b) of the Wakf Act, 1995, in Form IX as may be appropriate, and send signed copies thereof, to the Election Authority.
(2) The Election Officer shall thereafter—
(a) (b) place the valid ballot papers in one packet and the rejected ballot papers in another;
seal with the seals of the Election Officer and of such of the candidates, their election agents or counting agents as may desire to affix their seals, each of the packets referred to in Cl. (a) above;
(c) record on each of the sealed packets the description of its contents and the date of election.
As soon as may be after a candidate has been declared to be elected by the Election Officer, the Election Authority shall grant to such candidate a certificate of election in Form X and obtain from the candidate an acknowledgement of its receipt duly signed by him.
After completion of the election, the Election Officer shall submit the following to the Election Authority for being kept in safe custody for records—
(a) packet of ballot papers mentioned in R. 29;
(b) office copy of the electoral roll with signatures of the electors having received the ballot paper;
(c) brief report about fair and peaceful conduct of poll mentioning important incidents, if any, during the poll including challenges made about the identity of any elector and the decision of the Election Officer thereon, etc.
(d) office copy of certificate of election issued to elected candidates and acknowledgement receipts of the same ; and
(e) any other relevant papers.
The State Government shall make necessary nominations for filling up of the vacancies under categories (c), (d) and (e) of S. 14(1).
After receipt of the result of the election under S. 14(1) (b), and the nominations under S. 14(1) (c), (d) and (e), the Government shall issue a nomination under S. 14 (9) appointing the members of the Assam Board of Wakfs. The notification shall be published in the official Gazette.
If the election has been conducted for any casual vacancy/vacancies under S. 14(1) (b) on receipt of result of the election from the Election Officer, the State Government shall issue a notification in the official Gazette under S. 14(9) appointing such person/persons as members of the Board.
(1) The post of the Chief Executive Officer shall be filled up in consultation with the Board, by appointing a retired Government servant who shall draw pay in the post plus his pension in full subject to the conditions that the total of the pay and the pensions so drawn shall not exceed the pay drawn by him at the tune of his retirement from regular service.
To be eligible for appointment to the post of Chief Executive Officer a candidate—
(i) must be a Muslim and conversant with general administration preferably having experience of works connected with revenue and finance;
(ii) must hold at least Bachelor’s degree in Arts, Commerce or Science of any recognised Indian University; and
(iii) must not be less than 40 years and more than 63 years of age:
Provided that a person functioning as Secretary of the Assam Board of Wakfs immediately before the constitution of the Board under the Act may be appointed as Chief Executive Officer of the Board even if he has exceeded the upper age limit for appointment.
The Chief Executive Officer shall be initially appointed for a period of one year and his appointment may be renewed for further periods with not more than one year at a time. But in no case the Chief Executive Officer shall continue in his office after he attains the age of sixty five years.
The following penalties may, for good and sufficient reasons, be imposed on the Chief Executive Officer, namely:
(i) recovery from pay the whole or part of any pecuniary loss caused to the Board or to any Wakf by negligence or breach of orders ;
(ii) removal from service of the Board on the ground of—
(a) insanity or unsoundness of mind;
(b) incapability due to old age or otherwise;
(c) conviction of an offence involving moral turpitude by a criminal Court;
(d) undischarged insolvency;
(e) proved unfit to carry on and discharge the functions as such officer;
(f) misappropriation of fund or property of the Board;
(g) intentional violation of Acts, rules, regulations, orders and instruc#31;tions passed by the Government from time to time;
(h
(1) Any person interested in any Wakf may, by application in writing and on payment of a fee of Rupees five to the Board, inspect any proceeding or other record in the custody of the Board.
(2) In case any person is desirous of obtaining a certified copy of any proceeding or other records in the custody of the Board, he may on application in writing and on affixing court fee stamp of Rupee one and paise ten and on production of sufficient numbers of folios affixing requisite court fee stamp, obtain the certified copy of the same from the Board.
When the Chief Executive Officer or any Officer authorised by him intends to inspect any records, registers or other documents in any public office for the purpose of S. 29, the Chief Executive Officer shall obtain prior approval therefor from the Chairperson of the Board and shall ultimate in Form No. XI to the Head of the office of his intention to inspect the records, registers or other documents relating to a Wakf property giving particulars thereof and also the date and time of this proposed inspection.
(1) The Chief Executive Officer, while making an enquiry under S. 39 so as to ascertain the properties and fund pertain#31;ing to a Wakf, the object or any part thereof which has ceased to exist, shall issue notices stating his intention of making such enquiry to the Mutawalli, Wakif and for the general information of the beneficiaries and persons interested. Such notices shall contain the date, time and venue of the inspection.
(2) The notice referred to in sub-R. (1) shall be served on the Mutawalli and the Wakif by registered post and shall also be affixed in a conspicuous place of the locality, the copy of which shall be forwarded to the local Circle Officer, Mouzadar and the Police Station for displaying the same hi their respective Notice Board for general information of the public.
(3) The Chief Executive Officer shall inspect the properties and the documents pertaining to the Wakf and shall hear the persons intere
The Chief Executive Officer shall submit to the Board not later than 15th October of every year, a budget in Form XII, XIII and XIV showing the estimated receipts and expenditure for each of the Wakfs under direct management of the Board for the Board’s approval.
The Board after the sale of any Wakf property under sub-S. (2) of S. 51 may, after considering the compliance of the conditions referred to in the Act, within a period of sixty days from the date of sale, confirm the sale.
Every approval given by the Board for utilisation or investment of the amount realised by the sale etc. under sub-S. (3) of S. 51 shall be published by the Board hi the official Gazette.
On receipt of a report from any person or other#31;wise that a Wakf property has been transferred in contravention of S. S1 of the Act, the Chief Executive Officer shall ascertain from Register of Wakf maintained under S. 36 if the property alleged to have been transferred is a wakf property and in case that is so, the Chief Executive Officer shall make inquiries in the manner herein provided:
(a) Notice of inquiry shall be sent by registered post with acknowledgement due specifying the description of the property in question and the date, place and time fixed for holding the enquiry to the parties to the enquiry and the Mutawalli of the Wakf.
(b) All persons who appear in response to the notice issued shall, within the time fixed in the notice or within such further time as may be granted, file written statements containing the facts of the case.
(c) Any party to the proceedings shall have the righ
(1) The Board shall, after considering the report of the Chief Executive Officer submitted under R. 49 and inspecting such documents as may be considered necessary and/or making such further inquiry as may be considered reasonable, pass resolution for sending a requisition to the Collector to obtain and deliver possession of the property to the Board.
(2) The Chief Executive Officer shall thereafter draw up the requisition in Form No. XVI and send to the Collector of the District in which the property is situated under registered post acknowledgement due.
(3) On receipt of a requisition under sub-R. (2), the Collector shall pass an order directing the person in possession of the property to obtain and deliver it to the Board within a period of thirty days from the date of service of the order. An abstract copy of the order in Form XVII shall be served on the person in possession of the property, in the manner laid down in
(1) The notice referred to in sub-S. (1) of S. 54 shall be served upon the encroacher under registered post acknowledgement due.
(2) The Chief Executive Officer, after considering the objections, if any, received during the period specified in the notice, shall visit the locality, make a local enquiry about the property affected, the duration of the encroachment, the particulars of person or persons in unauthorised occupation and after obtaining such other particulars and documents as he may consider necessary or relevant if he is satisfied that the property in question is Wakf property and there has been an encroachment on such property or part thereof he may pass an order as required under sub-S. (3) of S. 54.
(1) Notice of enquiry as required under Ss. 64 and 71 shall be sent by registered post, acknowledgement due to—
(i) the parties to the inquiry; and
(ii) the Mutawalli of the Wakf.
(2) A copy of the notice shall be published by the Inquiring Officer on the notice board of the Board and hi the office of the Gaon Panchayat or any other conspicuous place in the locality in which the Wakf property is situated. Such publication shall be deemed to be sufficient intimation to the person having any interest in the Wakf property.
(3) All persons who appear in response to the notice issued shall within the time fixed in the notice or within such further tune as may be granted file written statement.
(4) Any party to the proceeding shall have a right to appear in person or by pleader to adduce oral or documentary evidence, and to apply for summoning of witnesses
The report required to be submitted to the State Government by the Board under sub-S. (3) of S. 65 shall, in addition to the particulars mentioned in Cls. (a), (b), (c) of the said sub-section, contain the following particulars, namely :
(i) statement of annual income of the Wakf for a period of 3 years immediately preceding the assumption of direct management of the Wakf by the Board, and a statement of annual income of the Wakf under direct management of the Board ; and
(ii) any proposal or scheme for further improvement of the wakf.
Whenever the Board passes any order under sub-S. (2) of S. 67 superseding any committee referred to therein, the order shall be published by serving a copy thereof to the committee concerned by registered post acknowledgement due and by affixing copies thereof in the notice board of the Board, local Gaon Panchayat and any other conspicuous place of the locality :
Provided that a copy of the order shall be affixed in the notice board of Gaon Panchayat and in other conspicuous place of the locality in the presence of at least two witnesses whose signature shall be obtained and which shall be the conclusive proof of such publication.
(1) Whenever it becomes necessary or desirable to frame a scheme under sub-S. (1) of S. 69, the Board shall invite suggestions in writing by registered post acknowledgement due from the concerned Mutawalli or the applicants, as the case may be, within a period of fifteen days from the date of receipt of the communication.
(2) The Board shall consider the suggestions, if any, so received within a period of sixty days from the date of issue of the invitation of suggestions and pass necessary order framing the scheme for the administration of the Wakf.
(3) The scheme so framed shall be published in the manner as referred to in R. 54.
The Mutawalli of every Wakf, the net annual income of which is not less than five thousand rupees, shall pay annually seven per cent of such annual income to the Board.
(1) The monies received in the Wakf Fund shall be in the custody of the Board.
(2) All such monies shall be kept as deposits in—
(i) a Scheduled Bank as defined in the Reserve Bank of India Act, 1935 ; or
(ii) the Assam Co-operative Apex Bank Ltd.; or
(iii) a Post Office Saving Bank.
(3) All such deposits shall be made in the Bank in the name of the Board, in an account to be operated jointly by the Chairman and the Chief Executive Officer.
(4) No money shall be withdrawn from the Bank without proper authority and unless it is required for immediate payment for the purpose of the Board.
(5) Any money which is not required for immediate expenditure shall be invested with the approval of the Board in any one or other of the following securities :
(i) promissory note, debentures, stock
The Board shall submit to the State Government not later than 15th October every year a budget in Forms XVIII, XIX and XX showing its probable receipts and expenditure. The budget shall contain adequate provision in the opinion of the State Government, for the due discharge of all liabilities in respect of loans contracted by the Board and for the maintenance of working balance.
Save as otherwise pro#31;vided in the Act, any Mutawalli, person interested in a Wakf or any other person aggrieved by an order made under the Act or the rules made thereunder may make an application to the Tribunal within a period of ninety days from the date of the order or from the date of his knowledge of such order, whichever is earlier, for the determina#31;tion of any dispute, question or other matter relating to the Wakf.
(1) The application to be filed under S. 83 shall be in the form of a memorandum containing the grounds or reasons for being aggrieved.
(2) The application shall accompany as many copies as may be required to serve upon the opposite parties.
(3) On receipt of an application along with the copies thereof, the Tribunal shall issue notices to the Opposite Party requiring him to appear and tile written statement before it on such date as may be specified by it in the notice. Every such notice shall accompany a copy of the application.
(4) The Tribunal shall hear the parties, examine such witnesses as may be produced by the parties, examine the documents as may be produced by the parties or obtained by the Tribunal and after hearing the Tribunal shall pass such order with reasons therefor as it may deem fit.
(5) The Tribunal, while deciding an application under the Act, shall follo
Rule 61. Annual Report by the State Government.
Annual report on the working of the Board and the administration of the Wakfs in the State required to be submitted before the State Legislature under S. 98 shall contain the following matters, namely:
(a) income of the Board during the current year (from all sources including grants-in-aid from the State Government);
(b) total expenditure of the Board during the current year;
(c) total number of Wakf estates registered with the Board till date;
(d) steps taken to get the new Wakfs registered with the Board;
(e) steps taken to enhance the income of the Board;
(f) annual grant-in-aid given to the Board by the State Government;
(g) any other grant received by the Board from the Central Government or other agency;
FORM I
[See Rule 9 (1)]
Notice for the election of members of the Assam Board of Wakfs
(i) Name of the category for which election is to be held...............................................
(ii) Nomination papers shall be presented—
(a) on (date)...................................................................................
(b)time......................between.................................to................................hours
(c) place.................................
(d) to (whom).........................
(iii) Scrutinising of Nomination papers—
(a) Place………………..
(b) Date………………..
(c) Time. ………………..
(iv) Withdrawal of Nomination—
FORM II
[See Rule 9 (2)]
Notice of election for the office of Members of Assam Board of Wakfs
Notice is hereby given that—
(1) an election is to be held for election of the Members of the Assam Board of Wakfs
(2) Nomination papers may be delivered by a candidate or his proposer to the under#31;signed or to.................................................................................................between 10.30a.m. to 5.00 p.m. from...................................to............................
(3) Forms of nomination papers may be obtained from the authority at the place and time aforesaid.
(4) the nomination papers will be taken up for scrutiny at. on.... ...at......................
(5) Notice of withdrawal of candidature may be delivered by a candidate or his proposer to
FORM V
[See Rule 13]
List of nominations received on..................................(date)........................for the office of Members of the Assam Board of Wakfs in the category....................................... of S. 14(1) (b) of the Act.
FORM IV
[See Rule 12]
Receipt for nomination paper and notice for scrutiny
(To be handed over to the person presenting the nomination paper)
Serial No. of Nomination paper.............................................................
The Nomination paper of...........................................a candidate for election of member for category..........................of the Assam Board of Wakfs was delivered to me at..........................(hour) on....................(date) by the.................................candidate/ proposer.
All nomination papers will be taken up for scrutiny at. (hour)........................on...............................(date) at.........................................(place)
Date............
Election Officer
FORM V
[See Rule 13]
List of nominations received on..................................(date)........................for the office of Members of the Assam Board of Wakfs in the category....................................... of S. 14(1) (b) of the Act.
Sl. No. of Nomination paper
#7;Name of candidate
#7;Father’s of Husband’s name
#7;Age
#7;Occupation and address
#7;Electoral Roll No. of candidate
#7;Name the proposer
#7;Electoral Roll No. of proposer
#7;
#7;1
#7;2
#7;3
#7;4
#7;5
#7;6
#7;7
#7;8
#7;
FORM VI
[See Rule 14 (5)]
List of Validly Nominated Candidate
Election to Members of the Assam Board of Wakfs in category.........................
FORM VII
[See Rule 15]
Application of withdrawal
Election to the office of Members of the Assam Board of Wakfs in the category .....................of S. 14(1) (b) of the Act.
To
The Election Officer,
I,.......................................................a candidate validly nominated at the above election do hereby withdraw my candidature.
Place……………
Date……………
Signature of Candidate
This application was delivered to me at my office at..................................(hour) on.................................................... (date) by....................................................(name).
Date............................................ Election Officer
RECEIPT FOR APPLICATI
FORM VIII
[See Rule 16]
List of Contesting Candidates
FORM IX
[See Rule 17 (2) and 33]
Declaration of the result of election to the Assam Board of Wakf, 19......
In accordance with R. 17/33 (strike out which is not applicable) of the Assam Wakf Rules, 1998,1 declare that the following candidate has been duly elected for the office of the Members of the Assam Board of Wakfs in the category............................of S. 14(1) (b) of the Wakf Act, 1995.
Place..................................... Name.................................
Date...................................... Address............................
Signature of the Election Officer
FORM X
[5eeRule34]
Certificate of Election
I,.........................................................................Election Authority do hereby certify that I have on the (day) of...........................................19....................declare Sri.........................s/o...............................................to have been duly elected to the office of the Members of the Assam Board of Wakfs in the category...............................under
S. 14(1) (b) of the Wakf Act, 1995 and that in token thereof I have granted to him this Certificate of election.
Place.......................................
Date........................................ Secretary to the Government of Assam,
Minorities Welfare and Development
Department Election Authority
FORM XI
[See Section 29 of the Wakf Act, 1995 and Rule 44 of the Assam Wakf Rules, 1998]
Intimation of inspection
To
The.................................................................
Whereas it is felt necessary to inspect the records, registers and other documents relating to the Wakf/Wakfs properties particulars of which are given below, for the purposes of S. 29 of the Wakf Act, you are hereby requested to make the records avail#31;able to you and also to extend full co-operation for the inspection.
Date and time of the Inspection
………………………
Particulars:
1. Name and description of the Wakf property...............................................
2. Description of the documents/registers/records etc./required to be inspected.......
FORM XII
[See Rule 46]
Budget estimates of income and expenditure for the year..............19
FORM XIII
[See Rule 46]
Budget estimates of receipts ‘and payments for.........................................................
FORM XIV [See Rule 46] Budget estimates for assets and liabilities Liabilities FORM XVI [See Rule 50, Section 52 of the Wakf Act, 1995] Requisition to the Collector for recovery of Wakf property under S. 52 of the Wakf Act, 1995 transferred in contravention of S. 51 of the said Act 1. Details of Wakf property.................................. 2. Particulars of property transferred and particulars of transfer deed executed... 3. Name and address of the person executing the deed................................................, 4. Name and address of the person to whom the property has been transferred or who is in unauthorised occupation.............................................................. Certified that I have ascertained from the records maintained in this office and am satisfied that the property in question is a Wakf property within the meaning of S. 3 (r) of the Wakf FORM XVII [See Rule 50] Order of the Collector for delivering possession of the Wakf property To Shri……………………… Address………………..... Whereas a requisition has been received under sub-S. (2) of S. 52 of the Wakf Act, 1995 from the Chief Executive Officer, Assam Board of Wakfs, Guwahati regard#31;ing transfer in your favour and/or unauthorised occupation by you of the Wakf property detailed below in contravention of S. 51 of the Wakf Act, 1995; You are hereby directed to deliver possession of the said property to the Assam Board of Wakf within a period of thirty days from the date of receipt of this order, failing which possession of the property shall be obtained from you under sub-S. (5) of S. 52 of the Wakf Act, 1995. Details of property................................. FORM XVIII General FORM XIX [See Rule 58] Budget estimate under the Head FORM XX PROFORMA I Statement showing the details of the provision for pay of officers and establishment including budget estimates under the head of account for the year 19............ General/Sixth Schedule PROFORMA I Statement showing the details of the provision for pay of officers and establishment including budget estimates under the head of account for the year 19............ General/Sixth ScheduleFORM.XVII .
FORM.XVIII .
FORM.XIX .
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