(1) The Chief Executive Officer or any other officer of the Board duly authorized by him in this behalf shall make an application as prescribed in form 26 to the concerned authority for the purpose of inspection of records, registers or other documents relating to the movable or immovable property of Wakf under Section 29 of the Act.
(2) In case the concerned authority refuse to produce the said records, registers documents of movable or immovable properties to the Chief Executive Officer of any Officer of the Board duly authorized in this behalf, the Chief Executive Officer shall report to the Union Government/State Government to ensure for supply and production of the documents, records, registers etc for inspection.
(3) The State Government on receipt of the report of the Chief Executive Officer shall direct the concerned authority whoever refuses to produce the said documents for inspections within fifteen days from the receipt of the direction of the State Government failing which the Government shall have to take the disciplinary action against the authority refusing the production of the aforesaid documents.
(4) In case the Chief Executive Officer or any other officer of the Board requires a certified of authenticated copy of any such record, register, document of moveable or immovable property from the authority concerned having dominion over the said document the said authority shall supply the copy of the required records, registers and documents on receipt of the requisite Court fee.
(5) In absence of such provision a cost may be paid in lieu of the court fee.
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36. Condition subject to which inspection of Board's proceeding and other records and supply of certified copies may be allowed under Sub-Section (1) of Section
30.
(1) The Board of chief executive officer may allow inspection of its proceedings and other records in its custody on an application made in Form 26 A to the Chief Executive Officer or any other officer duly authorized by the Board in that behalf. Every such application shall mention the purpose of the inspection and shall specify the records sought to be inspected.
(2) On receipt of the application, the Chief Executive Officer or the officer authorized by the Board under Sub-rule (I), if he is satisfied that the purpose for which the inspection is sought to be made is a bonafide one and its inspection will not in any way be harmful to the interests of any wakf, may grant a permission to that effect.
(3) An appeal against any order passed under Sub-rule (2) shall be made before the chairperson and the order passed by the chair person on such appeals shall be the final.
(4) Inspection of the Board's proceedings or other records shall be made under the supervision of a responsible Officer of the Board nominated by the Chief Executive Officers or the Officer Authorized by the Board under Sub-Rule (1) on payment of such fee as may be prescribed by the board in its regulation.
(5) Any person desiring to have a certified copy of any proceeding or other records may make on application in the prescribed form to the Chief Executive Officer or any other officer duly authorized by the Board in this behalf with details of the proceeding or other records the copies of which is required accompanied with the amount of fee prescribed by the Board.
(6) Within one week of the receipt of an application under sub-rule (5), the Chief Executive Officer or the Officer authorized by the Board shall prepare the copy of the record and shall it compare with the original. Electronic equipment may in used in preparing copy of the record.
(7) The C.E.O or any other officer authorized by the board in the manner provided in Section 76 of the Indian Evidence Act, 1872 shall certify it, sign it and seal it in the following manner.
"U/s 76 of I.E. Act, 1872, it is Certified that it is true copy of the original document or part therefore signature with date and seal of the Certifying Officer.
(8) The certified copy shall be handed over to the applicant or to his agent who shall receive it putting his signature.
(9) in no case, a Certified copy of any proceeding or of any record of the Board shall be sent - 15 - by post.
37. Condition and restrictions in respect of Transfer of Wakf properties by Board u/s 32 (2) (I) read with Sections 51 and 99 (2) (C)
(1) The Board shall not accord sanction to any transfer of immovable property of the Wakf through gift, sale, mortgage, exchange of wakf property, any lease or any type of settlement for more than three years, except in cases when sanction for such gift, sale, mortgage exchange and lease and any type of settlement has been accorded by the person appointed by the State Government as special officer during the period of suppression of the Board under section 99 (2) of the Wakf Act, 1995. Provided that the Board may accord sanctions to any transfer in favour of State Government through gift or leave for the Constrictions of School, Madarsa, Hostel, etc.
(2) An application along with an affidavit for such sanction shall be submitted by a Mutawalli to the Board and with all particulars as the Board may consider necessary.
(3) Where the Board intends to accord sanction, it shall cause a notice of its intention to do so to be served on the Mutawalli/ Secretary of the Managing Committee of the Wakf either by personal service or by sending if to him by registered post with acknowledgement due. The Board shall also cause such notice to be published in the Official Gazette and display it on the notice board in the Board's office and also at any conspicuous place in the locality in which the Wakf property is situated and a copy of the notice shall also be sent to the State Government for information.
(4) Every notice referred to in Sub-Rule (3) shall specify a period, not being less than 25 days from the date of the notice, within which any objection or suggestion may be made by any person interested in the sale, gift mortgage, exchange lease and any type of settlement of the Wakf property and shall contain the following particulars, namely:-
(a) Nature of the transaction proposed to be made in respect of the Wakf property.
(b) Correct description of the Wakf property giving property giving particulars about survey number, extent, boundary and ward number, holding number and house number if the property is situated in a municipal area.
(c) The revenue assessed on the Wakf property, that is land revenue, or property tax etc.
(d) Any encumbrance to which the Wakf property is a subject of.
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(e) If the proposed transaction is a mortgage, the amount for which Wakf property is proposed to be mortgaged.
(t) If the proposed transaction is a lease, the estimated security amount and annual rent.
(5) All objections or suggestion received in respect of the proposed transaction shall be duly considered by the board before passing orders of sanction thereon, if necessary, after holding an enquiry. In case of an enquiry a notice shall be given to the parties concerned to explain his case within seven days. A copy of the order sanctioning an exchange, sale or mortgage or a lease for a term exceeding three years shall be communicated to the Mutawalli and the interested persons appearing in the proceeding and shall also be published in the manner laid down in sub-rule (3).
(6) The Motawali or Secretary of the Managing Committee, whoever it may be, shall get the draft of the deed prepared in duplicate for proposed gift, sale, exchange lease or mortgage of any immovable property of Wakf and shall submit the same before the chairperson the chief executive officer of the Board who shall put the same in the meeting of the Board for approval immediately thereafter to be held and the said draft and the proposal shall be approved by at least two third majority of the total number of members of the Board. After being approved by the Board, the Chief Executive Officer shall send one of the said drafts to the Mutawalli/Sceretary. The intended purchaser shall bear the cost of registration including stamp duty and the deed shall be prepared and presented for registration and shall be executed and admitted by the Mutawalli Secretary before the Registering authority and the duplicate approved draft approved by the Board shall be preserved by the Board in its office.
Provided that, in case of any variation, deviation, modification and alteration from the draft approved by the Board, the said deed shall be null and void.
(7) The Mutawalli/ Secretary of the Wakfs shall not receive the consideration amount in cash. The payment of the consideration money shall be in the form of an account payee Bank draft in favour of Wakf estate.
Provided the sale proceeds shall not be used against the wished immented in the Wakf dead and in absence of the Wakf deed it shall be condition precedent for the Mutawalli/Secretary to obtain sanction from the Board for utilization of the sale proceeds; but in no case the Mutawalli/Secretary shall misappropriate the said sale proceeds according to their will and in case of doing so the said amount will be - 17 - recovered/realized from their personal property either doing so the said amount will be recovered / realized from their personal property either movable or immovable through the process of Certificate as per Wakf Act, as well as Wakf rules framed there under.