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Section 26: Powers of Chief Executive officer in respect of orders or resolutions of Board

The Waqf Act, 1995State Act of Chhattisgarh · Act 43 of 1995

Where the Chief Executive Officer considers that an order or resolution passed by the Board—

(a) has not been passed in accordance with the law; or

(b) is in excess of or is an abuse of the powers conferred on the Board by or under this Act or by any other law; or

(c) if implemented, is likely to—

(i) cause financial loss to the Board or to the concerned 2 [waqf] or to the 1 [auqaf] generally; or

(ii) lead to a riot or breach of peace; or

(iii) cause danger to human life, health or safety; or

(d) is not beneficial to the Board or to any 2 [waqf] or to 1 [auqaf] generally, he may, before implementing such order or resolution, place the matter before the Board for its reconsideration and, if such order or resolution is not confirmed by a majority of vote of the members present and voting after such reconsideration, refer the matter to the State Government along with his objections to the order or resolution, and the decision of the State Government thereon shall be final.

1. Subs. by Act 27 of 2013, s. 4, for “wakfs” (w.e.f. 1-11-2013).

2. Subs. by s. 4, ibid., for “wakf” (w.e.f. 1-11-2013).

17 1 [27. Delegation of powers by the Board.—The Board may, by a general or special order in writing, delegate to the Chairperson, any other member, the Chief Executive Officer or any other officer or servant of the Board or any area committee, subject to such conditions and limitations as may be specified in the said order, such of its powers and duties under this Act, as it may deem necessary, except the powers and functions of the Board mentioned under clauses (c), (d), (g) and (j) of sub-section (2) of section 32 and section 110.]

2 [28. Power of District Magistrate, Additional District Magistrate or Sub-Divisional Magistrate to implement the directions of the Board.—Subject to the provisions of this Act and the rules made thereunder, the District Magistrate or in his absence an Additional District Magistrate or Sub-Divisional Magistrate of a District in the State shall be responsible for implementation of the decisions of the Board which may be conveyed through the Chief Executive Officer and the Board may, wherever considers necessary, seek directions from the Tribunal for the implementation of its decisions.]

Where this provision sits

ActThe Waqf Act, 1995
Section26
Marginal notePowers of Chief Executive officer in respect of orders or resolutions of Board
JurisdictionState of Chhattisgarh
StatusIn force as published by the source

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