Muhammadan Waqf Regulations (Act 216)

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GN No. 216 of 1944
(Lane 11/63) – sections 49 and 62 – 12 September 1944

1. Short title

These regulations may be cited as the Muhammadan Waqf Regulations 1944.

2. Interpretation of terms

In these regulations-

“Act” means the Waqf Act;

“Board” means the Board of Waqf Commissioners established under the term
s of the Act.
Any other term or expression used in these regulations shall, unless the
context otherwise
requires, have the same meaning as in the Act.

3. Publication of names in the Gazette
The names of the chairman and of the members of the Board shall be publi
shed in the
Gazette as soon as possible after their appointment.

4. Office of Board

The office of the Board shall be situated in such place as the chairman
shall decide.

5. Appointment of officers and servants
The Board shall have power to appoint a secretary and other officers and
servants who
may receive such salaries and allowances as the Board may determine. The
Board may
require any officer to furnish security in such amount as may be determi
ned by the Board.

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6. Promotion and dismissal of officers and servants
The powers of promoting or granting leave to, suspending or dismissing o
fficers and
servants of the Board shall rest with the Board:
Provided that the Chairman may grant leave of a period not exceeding one
month and
may suspend an officer or servant pending disciplinary action being take
n by the Board
against such officer or servant.

7. Payment of allowances to members, officers and servants
The chairman, members, officers and servants of the Board may be paid al
lowances for
travelling in connection with their duties at such rates as may be allow
ed by the Board.

8. Minutes of proceedings to be recorded
The Board shall meet at least once a month, and the minutes of proceedin
gs of every
meeting shall be recorded in a book by the secretary and signed by the c
In case of absence through any cause of the chairman, the meeting of the
Board shall be
presided over by a chairman chosen from amongst themselves by the member
s present:

9. Signing of cheques, deeds, etc

All cheques, promissory notes and deeds shall be signed by the chairman
and one of the

10. Delivery of receipts and payment into bank
The secretary shall receive all moneys due to the Board and shall delive
r receipts for same
on the printed forms of the Board. All moneys collected shall be paid by
the secretary into
a bank to the credit of a fund called the “Waqf Administration Fund” at
the latest on the day
following that on which the sum was received.

11. Payment to be made by cheques
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The settlement of accounts due by the Board shall be effected by means o
f cheques and
all payments shall be made by order of the chairman:

Provided that payments not exceeding twenty rupees may be paid in cash.

12. Keeping of accounts
Proper accounts of all sums collected and payments effected shall be kep
t by the
secretary. The secretary shall present to the Board quarterly accounts o
f receipts and

13. Audit of accounts of the Board
The accounts of the Board shall be audited and examined annually by such
auditor as
shall be appointed by the Board.

14. Certificate of registration
The Board shall deliver a certificate of registration of any waqf regist
ered with the Board to
the mutawalli of such waqf.

15. Annual contribution payable to the Board
The mutawalli of every waqf registered with the Board shall pay to the B
oard an annual
contribution of three per centum of the gross annual income of the waqf
from all sources:
Provided that a waqf the gross annual income of which from all sources i
s not in excess of
one hundred rupees per annum shall be exempted from payment of contribut
ion under this

16. Payment of contribution
The annual contribution (… spent) shall be payable not later than the 30th April
immediately following the year for which it is due.
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17. Proceedings by or against the Board
The Board may act, sue and be sued through its chairman. The Board may,
depute any member or the secretary of the Board to represent the Board b
efore any Court
and in any suit to which the Board is a party or in which it is otherwis
e interested.

18. Notification of change of mutawalli
The Board shall be notified of any change of mutawalli of a waqf by the
mutawalli within ten days of such change. Any mutawalli failing to compl
y with the
requirements of this regulation shall be punishable by a fine not exceed
ing 500 rupees.

19. Penalty for negligence of mutawalli

(1) It shall be the duty of a mutawalli-
(a) to apply for registration of a waqf as provided in subs
ection (2) of section 5 of
the Act;
(b) to allow inspection of the Waqf properties managed or administered
by him
and the examination of accounts, deeds and documents by the Board or
any other person authorised in that behalf by the Board;
(c) to furnish such information whether documentary or oral as may be
required of him by the Board;
(d) to deposit any surplus income in his hands in any of the local ban
ks when
directed to do so by the Board;
(e) to comply with any order or direction given by the Boar
d in the interest of the
Waqf property.
(2) If a mutawalli fails to comply with any of the provisions o
f the preceding
regulation he shall be liable to a fine not exceeding 500 rupees.
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