(1) Every Mutawalli / Secretary of Managing Committee of the Wakf shall maintain the following Books and Registers for the purpose of maintenance of its accounts:-
(i) Cash Book in Form 31.
(ii) Receipt Book in Form 32.
(iii) Register of Demand, Collection & Balance and Wakf contribution in Form 33.
(iv) Register of immovable properties in Form 34. (v) Register of movable properties in Form 35.
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(vi) Register of Hundi/Bills/Cheque/ B.D./ D.D./ F.D. in Form 36
(vii) Register of lease / mortgages in Form 37. (viii) Register of Rents in form 38.
(ix) Register of Books of inspection Form 39.
(x) Register of meeting in Form 40 and minutes book in form 40 (1).
(xi) Register of Grants Loans in Form41.
(xii) Register of Security / fixed deposits / interest thereof in Form 42.
(xiii) Register of Litigation Form 43.
(xiv) Register of stock and issue in Form 44.
(xv) Any other register as prescribed from time to time by the board
(2) The full statement of accounts shall be furnished by every Mutawalli or Secretary or Managing Committee of a Wakf in Form 45.
(3) If a Mutawalli or Secretary of Managing Committee fails to submit it statement of accounts before 1st May every year. A notice in Form 46 shall be served within seven days from 1st May.
(4) If the Mutawalli or Secretary of the Managing Committee fails to submit the statement of accounts, proper action under section 61 of the Act shall be initiated against the defaulter.
(5) All registers aforesaid shall contain the following certificate at its first page duly signed and dated by the Mutawalli:- "Certified that this Register………………..Pages which are numbered by me" Full Signature of the Mutawalli / Secretary, Managing Committee Dated……………….Month………………..And Year …………… And Seal of the Wakf Estate.
44. Recovery of sums due U/s 49/82 of Act-
(1) The Board shall issue a Demand Notice in Form 47 for the collection of any sum certified to be due from any person reported by an Auditor In his report under section 47.
(2) The Board shall issue a Notice in Form 48 to give an opportunity of being heard under sub-section (2) of section 49, before issuing a Certificate of Recovery of the said amount as arrears of land revenue.
(3) Where any sum becomes recoverable as an arrear of land revenue from any person under section 34, 49 and 82 or under any other section of the Wakf Act, the C.E.O./ the Chairperson shall send a certificate to the Collector in whose jurisdiction such - 22 - person resides, a Certificate in Form 49.
(4) On receipts of such Certificate the Collector shall take proper action for the arrear amount of lane revenue and for its remittance to the Board.
(5) The Board shall keep a register containing particulars of the Certificate sent by Chairperson/Chief Executive Officer to the Collector.
45. Inquiry regarding alienation of' Wakt property in contravention of section 51 and 52 of the Act.
(1) Upon receiving a report from any person residing in the locality where the Wakf property is situated or upon obtaining information otherwise that a Wakf property has been transferred/alienated in contravention of Section 51 of the Act, the Chief Executive Officer shall ascertain from the register of Wakfs maintained under section 37 that whether the property alleged to have been transferred is a Wakf property or not and in case of that being so, the Chief Executive Officer shall obtain a certified copy of the deed of transfer from the Registration Officer concerned and shall find out from the records of the Board if permission and sanction of the Board for the said transfer had been obtained under section 51 of the Act. If it appears that transfer of such property has been made without obtaining previous sanction of the Board, the Chief Executive Officer shall draw up a report specifying there in full details of the Wakf property, the name and full particulars of the person (s) executing the deed and the name with particulars of person of persons to whom. the property has been so transferred. On the scrutiny of the details of the property and its comparison with the entries in the register of Wakfs, the report of the enquiry, from the records of the Board for not Obtaining prior sanction for the said transfer, shall be put up for orders of the Chairperson. The Chairperson shall, after considering the report of the Chief Executive Officer and inspecting such documents as it may deem necessary and / or making verbal or written enquiry from such persons as is considered reasonable pass orders for sending a requisition to the Collector to obtain and deliver possession of the property to the Board or its agent.
(2) The requisition to the collector shall be drawn up by the Chief Executive Officer in Form 50 and sent to the Collector of the district, in which the property is situated by registered post with acknowledgement due or by special messenger.
(3) On receipt of requisition under sub-section (1) of section 52 the collector shall pass an order directing the person(s) in possession of the property to deliver it to the Board or its agent duty authorized in this behalf within a period of thirty days from the date of the service of the order. An abstract of his order in Form 51 shall be served on the person (s) in possession of the property in the manner laid down in sub-section (3) of section 52 of - 23 - the Act.
(4) If the order passed by the Collector under Sub-Rule 3 has not been complied with and the time for appeal against such order has expired without any appeal filed before the tribunal or the appeal being dismissed, the Collector shall issue directions to the Circle Officer, Block Development Officer of Sub- Divisional Officer of the area or Block or Circle or Sub-Division within whose jurisdiction the said property is situated to obtain possession of the property in respect of which the order has been made and to deliver its possession to the Board or its agent.
(5) The Circle Officer, Block Development Officer or the Sub-Divisional Officer (Civil) shall obtain possession of the property in respect of the property for which the order has been made using such force. If any as may be necessary for the purpose and shall deliver it to the Board or its agent and shall obtain the receipt of the delivery from the Board or its agent in writing and shall send the same to C.E.O.
46. Procedure for removal of encroachment U/s of the Wakf Act-
(1) The Chief Executive Officer may, whether On receiving any complaint Or On his Own motion cause to be served upon the encroacher (s) a notice in form 52 or as per requirement as incurred into.
(2) The notice shall be served through a registered post with acknowledgement due or by special messenger.
(3) After considering the reply of show cause / objections, if any received during the period specified in the notice and after conducting an enquiry in the manner prescribed under rule 51, if the Chief Executive Officer is satisfied that the land, building open space Or other kinds of property is a wakf property and that there has been encroachment, illegal Or unauthorized occupation on this property he shall, by an order, direct the encroacher(s) or person(s) having unauthorized occupation to remove the encroachment or restore the possession of such land, building, space or other property within ten days of the notice to the Board / Mutawalli / Sceretary of the Managing Committee.
(4) Where the person / persons, ordered under Section 54 read with Sub-rule (3) to remove the encroachment or restore back the possession, omits Or fails to remove the encroachment or restore back the possession within the time specified in the order or as the case may be fails to vacate and hand over the vacant possession of the property, the Chief Executive Officer may apply for evacuation to the sub-divisional Magistrate within the local limits of whose jurisdiction the Wakf property is situate in Form 53 or as per requirement as incurred into.
(5) The concerned Sub-Divisional Magistrate at the request of Chief Executive Officer - 24 - make an order directing the encroacher/encroachers Or person / persons in unauthorized occupation to remove the encroachment / and vacate or restore back the possession of Wakf property within seven days of the order and to deliver possession to the concerned Mutawali / secretary of the Managing Committee / Agent of the Board.
(6) In case of default of compliance of the order passed under Sub-Rule (5) the Subdivisional Magistrate shall evict the encroacher / encroachers from the Wakf property and hand Over possession of the same to the Mutawalli / Secretary of the Managing Committee / Administrator appointed by the Board within one month from the date of his order and in case of resistance shall apply and use such force as may be necessary and will obtain a receipt to the effect that delivery of possession of such property has been obtained by the said agent of the Board.
47. Vacation of Wakf property leased out Under Sub-Section 3 of Sections 56 of the Wakf Act-
(1) Whenever the Board makes a review under Sub-Section (3) of Section 56 of the Wakf Act, whether on receiving any complaint or on its own motion it comes to the notice of the Board that any tenant of a Wakf property or building or premises tails to pay the rent of Wakf property for two consecutive months or has sublet the Wakf property wholly or partly without genuine permission of the Board or has caused any damage to the property or it at any time it appears to the Board / Chief Executive Officer during his inspection of Wakf property that any wakf land or building let out to any tenant Under Sub- Section (3) of Sections 56 of the Wakf ct is required for the purpose of the Board itself or the same is required for the development addition alteration and modification of the said land or building, the board / C.E.O may by an order in writing ask the tenant to vacate the land or building within fifteen days from the date of receipt of such order.
(2) Any person aggrieved by the order of the Board/Chief Executive Officer under subsection (1) may within the period of fifteen days from the service of the order file an appeal before the Tribunal whose decision thereon shall deemed to be final.
(3) After the expiry of the period specified in Sub-Rule (1) or where an appeal has been filed under Sub-rule (2), after due disposal of the appeal, at the request of the Board, Collector of the District may take steps evict the tenant or any other person in occupation of such wakf land or building as the case may be, and the Collector or any other subordinate Officer duly authorized by him shall thereupon shall take necessary steps to evict the tenant or such person and deliver possession of the Wakf land or building directly to the Board, or its agent, and may for that purpose, use such force as may be necessary.
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Provided that when crops are standing on the land the Collector shall not evict a tenant until the crops are harvested.
(4) Not with standing anything contrary to this Act or rules for the time being enforce, no order passed by the Board, Tribunal or the State Government under this rule shall be called in question in any Court or Tribunal.