Uttar Pradesh Waqf Rules, 2024 Bare Act

The source publishes this enactment as a single document rather than provision by provision, so the whole text is below and there are no per-section pages for it. Nothing has been shortened.

Type	Rules
Year	1995
Jurisdiction	State of Uttar Pradesh
Status	In force as published by the source
Text	Published as one document, as the source published it
Subjects	family

mŸkj izns'k vlk/kkj.k xtV] 25 uoEcj] 2024 75 358 RPH 2024 (alp. waqf folder ) Data 1e IN pursuance of the provisions of clause (3) of Article 348 of the Constitution of India, the Governor is pleased to order the publication of the following English translation of notification no.

2810/LII-2-2024-07 (fu;ekoyh)-2023, Dated November 25, 2024:

No. 2810/LII-2-2024-07 (fu;ekoyh)-2023 Dated Lucknow, November 25, 2024 IN exercise of the powers conferred by section 109 of the Waqf Act,1995 (Act no.43 of 1995) and in supersession of the Uttar Pradesh Shia Central Waqf Board and Uttar Pradesh Sunni Central Waqf Board Conduct of Election Rules,1997 and the Uttar Pradesh Waqf Tribunal rules, 2017,except as respect things done or omitted to be done before such supersession, the Governor is pleased to make the following rules, namely:- UTTAR PRADESH WAQF RULES, 2024

1. (1) These rules may be called the Uttar Pradesh Waqf Rules, 2024.

(2) They shall come into force from the date of their publication in the Gazette.

Short title and commencement

2. (1) In these rules, unless the context other wise requires,—

(a)“Act” means The Waqf Act, 1995 (Act no. 43 of 1995) ;

(b) “authorized representative” means a person duly authorized to act for and on behalf of a person as his attorney by duly executed power of attorney or in the case of a legal practitioner by execution of a “Vakalatnama”;

(d) “Board” means a Board of Waqf established under sub-section(1), or as the case may be, under sub-section (2) of section 13 of the Act and shall include a common waqf Board established under section 106 of the Act;

(e) “Chairperson” means the Chairperson of the Uttar Pradesh Shia Central Waqf Board or the Sunni Central Waqf Board, elected under sub-section (8) of section 14 of the Act;

(f) "count” means all the operations involved in the counting of the vote recorded for candidates;

(g) “election" means an election to fill a vacancy in the office of the members of the Shia Waqf Board or Sunni Waqf Board or in both under subclauses (i), (ii), (iii) and (iv) of clause (b) of sub-section (1) of section 14 of the Act;

(h) “eIector" in relation to election to any category of member of the Shia Board or Sunni Board means any person whose name is specified in the electoral roll of that category in the concerned Board, as the case may be, unless disqualified by the Returning Officer;

(i)"Election Authority" means the Secretary/Principal Secretary/ Additional Chief Secretary to the Government, Minorities Welfare and Waqf Department, Government of Uttar Pradesh, Lucknow;

(j) “Electoral Roll" means the list of electors obtained under rule 8;

(k) “encroachment" in relation to any waqf premises means occupation by any person of the waqf premises without authority for such occupation, and includes the continuance in occupation by any person of the waqf premises after the lease or transfer authorizing such occupation has expired or has been Definitions 76 mŸkj izns'k vlk/kkj.k xtV] 25 uoEcj] 2024 358 RPH 2024 (alp. waqf folder ) Data 1e terminated for any reason whatsoever;

(l) “Form” means a form appended to these rules;

(m) “Government" means the State Government of Uttar Pradesh;

(n) “legal practitioner” shall have the same meaning as is assigned to it in the Advocates Act,1961(Act no. 25 of 1961);

(o)“Managing Committee” means the Committees of Board established under section 18 of the Act;

(p) “premises” means any land or any building or part of building and includes.-

(i) the garden, water bodies, grounds, if any, appertaining to such building or part of the building ;

(ii) any fittings affixed to such building or part of the building for the more beneficial enjoyment there of ; and

(iii) dargah, grave, graveyard, khanqah, peerkhana, karbala, maqbara, mosque, tomb and the courtyard appertaining there to;

(q) “Registrar” means the Registrar of the Tribunal and includes Assistant Registrar or any other person to whom the Registrar may, with the approval of the Tribunal, delegat any function to be exercised by the Registrar;

(r) "Returning Officer" means any officer authorized or appointed by the Election Authority to do all acts or to perform all functions in connection with the conduct of elections of Shia board or Sunni Board for which he is appointed or authorized under these Rules;

(s) “section"means the section of the Act ;

(t) “Serving Officer/Special Messenger" means the concerned Sub-Divisional Magistrate or Assistant Survey Commissioner, Waqf;

(u) “Shia Waqf Board” means the Uttar Pradesh Shia Central Waqf Board;

(v) “Sunni Waqf Board” means the Uttar Pradesh Sunni Central Waqf Board;

(w) "Tribunal” means the Tribunal constituted under sub-section (1) of section 83 of the Act ;

(x) “waqf premises” means-

(i) any premises dedicated by a person of movable or immovable property orally or by an instrument in writing and used for any purpose recognised by Muslim law as pious, religious or charitable ;

(ii) premises notified as waqf property in the Gazette; or

(iii) premises registered as waqf in the Register of auqaf maintained by the Sunni Waqf Board / Shia Waqf Board; or

(iv) property treated as waqf by user;

(y) “waqf property” means any movable or immovable property referred to in clause(r) of section 3 of the Act and includes premises thereof.

2. All words and expressions used and not defined in these rules but defined in the Act shall have the same meanings respectively assigned to them in the Act.

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3. (1) The qualifications of a mutawalli of a waqf shall be such as may be specified by a waqif in the waqf deed.

(2) Where no qualification has been specified by the waqif, a mutawalli shall be appointed by the Board under the following conditions :-

(a) He must have attained the age of 25 years and shall be a citizen of India.

(b) he shall have knowledge of, Hindi Urdu and English;

(d) must not be of unsound mind ;

(e) must not have been convicted of an offence including moral turpitude ; and

(f) must not be an undischarged insolvent .

(3) Eligibility before appointment of a mutawalli shall be verified by the concerned District Magistrate/Additional Survey Commissioner waqf/Assistant Survey Commissioner, Waqf failing which the appointment of mutwalli shall be terminated by the concerned Board.

Qualifications of a mutawalli

4. The report to be submitted by the Survey Commissioner to the Government under sub-section (3) of section 4 of the Act shall be as specified in Form 1.

Other particulars which the report of Survey Commissioner may contain

5. The Survey Commissioner shall exercise his powers as mentioned in sub section (4) of section 4 of the Act.

Other powers of inquiry of Survey Commissioner

6. The list of auqaf published under sub-section (2) of section 5 of the Act shall be as specified in Form 2.

Other particulars which a list of auqaf published may contain

7. (1) The Superintendence, direction, control and conduct of election of members of the Shia Board and Sunni Board under clause (b) of sub-section (1) of section 14 in ordinary vacancies and casual vacancies shall be the responsibility of Election Authority.

(2) Election Authority shall authorise or appoint a Returning Officer, separately for Shia Board and Sunni Board who shall as far as possible be a Gazetted Officer of the State Government.

(3) The Election Authority may appoint at least two persons as Assistant Returning Officers to assist the Returning Officers of each Board for the conduct of election.

(4) Every Assistant Returning Officer shall be competent to perform all or any of the functions of the Returning Officer subject to the control of the Returning officer of the concerned Board under whom he is appointed.

(5) No assistant Returning Officer shall perform any functions of the Returning Officer which relates to the scrutiny of nominations unless, the Returning Officer is unavoidably prevented from performing the said functions and Election Authority has permitted him to do so.

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8. (1) The Officer of Shia Board and Sunni Board shall obtain the list of Shia Muslim or Sunni Muslim as the case may be eligible to vote in the categories of subclauses (i), (ii),(iii) and (iv) of clause(b) or sub-section (1) of section 14 of the Act from the officers specified in sub-rule (2) and the list of such persons subject to any modification as per rule 11, shall form the electoral college for that category and the persons of concerned Board whose names are in the list shall be the Electors for that category of members of the concerned Board.

(2) The list of the electoral colleges shall be obtained by Returning Officers of the Shia Board and Sunni Board ,-

(a) for category of sub-clause (i) of clause (b) of sub-section (1) of section 14 from the Secretary General, Lok Sabha/Rajya Sabha;

(b) for category of sub-clause (ii) of clause (b) of sub-section (1) of section 14 from the Secretary, Uttar Pradesh State Legislative Assembly/State Legislative Council;

(c) for category of sub-clause (iii) of clause (b) of sub-section (1) of section 14 from the Secretary, Bar Council of Uttar Pradesh;

(d) for category of sub-clause (iv) of clause (b) of sub-section (1) of Section 14 from the Chief Executive Officer, Sunni Board and Shia Board, as the case may be.

(e) for the purpose of determination of electoral roll to elect members under category defined in clause (IV) of clause (b) of sub-section (I) of section 14, the annual income declared in statement of account submitted under section 46 shall be presumed "annual income of the Waqf".

Election by mutawallis

9. For the purpose of preparing the Electoral Roll under clause (d) of sub-rule

(2) of rule 8, which shall constitute the electoral college, the Chief Executive Officer of the Shia Board or Sunni Board, as the case may be, shall give two weeks' time to the mutawallis, or as the case may be, to the managing committee to elect -

(i) one from among themselves to be the representative of such waqf institution in case where a waqf institution is having more than one mutawalli; and

(ii) one office-bearer of such committee as the representative of such waqf institution in case waqf institution is being administered by a managing Committee :

Provided that if the waqf institution fails to so elect and communicate to the Chief Executive Officer, the senior mutawalli in the case of a waqf Institution having more than one mutawalli and the President of the managing committee where a waqf institution is being administered by such committee shall be deemed to have been elected and the same shall be incorporated in the Electoral Roll for the purpose of constituting the electoral college :

Provided also that only those mutawallis or the representatives of the managing committees shall be eligible to vote who are registered with the Shia/Sunni Board and having annual income of rupees one lakh or above in the above preceding year and have paid annual contribution payable to the Shia/Sunni Board under section 72 of the Act up to the preceding year.

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10. (1) In case there are no Muslim Members in any of the categories mentioned in sub-clauses (i) to (iii) of clause (b) of sub-section(1) of section 14 of the Act, the ex-Muslim Members of Parliament, the State Legislature or ex-member of the State Bar Council, as the case may be, shall constitute the electoral college and a separate electoral roll shall be maintained for each such category.

(2) Notwithstanding anything contained in sub rule(1), where the State Government is satisfied, for reasons to be recorded in writing, that it is not reasonably practicable to constitute an electoral college for any of the categories mentioned in subclauses (i) to (iii) of clause (b) of sub-section (1) of section 14 of the Act, the State Government may nominate such persons as the members of the Board as it deems fit.

Electoral rolls of Ex-Muslim Members of Parliaments; Ex- Muslim Members of State Legislature and Ex-muslim Members of the Bar Council.

11. The lists obtained under rule 8 and rule 9 shall be displayed on the notice board of Returning Officer of the concerned Board and in the office of the Sunni Board and Shia Board, not less than seven days before the notified date of election under subrule (2) of rule 13.

Displaying of lists

12. (1)Any person aggrieved by such publication of electoral list under rule 11 may file the objection petition before the concerned Returning Officer within three days of such publication, for addition, deletion or modification of any name.

(2) The Returning Officer after going through the objection petition, and after obtaining any further information from any source, as he may deem fit and after giving personal hearing to the petitioner and person concerned or to any other person, if he feels necessary and shall pass orders on the objection petition.

(3) In the light of the orders passed under sub-rule (2), if the electoral roll requires any modification, the Returning Officer after incorporating such modification, shall publish the final electoral roll not less than two days before the date of election notified under sub-rule (2) of rule 13 and such electoral roll shall be final and conclusive list of electors for election notified under sub-rule (2) of rule 13.

Filing of objections

13. (1) An election shall be conducted to elect two members each in categories for sub-clauses (i) to (iv) under clause (b) of sub-section (1) of Section 14 and on the expiration of the term of the Shia Board or Sunni Board or on their supersession or dissolution under section 99 of the Act or for filling up of any casual vacancy caused in particular category under section 16 or section 64 as the case may be.

(2) For the purpose of sub-rule (1) of rule 13 the Election Authority shall subject to such directions as may be issued by the Government in this behalf, by separate notifications in Form 3 published in the Gazette, call upon, on such date or dates as may be specified therein, to elect members of the Shia Board or Sunni Board in accordance with the provisions of the Act and the rules made there under.

(3) The notification shall specify for each Shia/ Sunni Board 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 poll shall, if necessary, be held.

(4) On the issue of the notification the concerned Returning Officer shall give public notice of the intended elections for his concerned Board in Form 4 in Hindi and Urdu languages which shall be published in such manner as the Returning Officer thinks fit.

Public notice of intended election 80 mŸkj izns'k vlk/kkj.k xtV] 25 uoEcj] 2024 358 RPH 2024 (alp. waqf folder ) Data 1e Special election programme

14. Notwithstanding anything contained in these rules, where the Election process of Shia/Sunni Board 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 specified category of the members to alter the election programme notified under subrule (2) of rule 13 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-rule

(2) of rule 13 and the Returning Officer shall give effect to the same:

Provided that where the Election programme is renotified under this rule commencing from the making of nominations, the nominations already made shall be disregarded.

Nomination of candidates

15. (1) Any person may be nominated as a candidate to fill the office of member of the Shia Board or Sunni Board, as the case may be, if he is qualified to be chosen to fill the seat under the provisions of the Act and the rules made thereunder. Every nomination paper shall be in Form 5. It shall be presented on or before the date appointed, by the candidate or by his proposer in person, between the hours specified, to the Returning Officer of the concerned Board 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 member of Shia Board or Sunni Board from any of the Categories-specified in clause (b) of sub- section (1) of section 14 shall be a person whose name is registered in the Electoral Roll of that category in the concerned Board.

(b) Each candidate shall be nominated on a separate nomination paper.

(c) A candidate may not be nominated for more than one categories specified in clause (b) of sub-section (1) of section 14.

Presentation of nomination paper and requirement of valid nomination.

16. (1) On receiving the nomination paper, the Returning Officer of concerned Board shall forthwith number the nomination papers serially in the order in which it is presented and give a receipt in Form 6. The Returning Officer or such other authorised person of the concerned Board 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, wherever if necessary, he shall direct that the nomination form be amended so as to be in accordance with the electoral roll.

(2) The Returning Officer of concerned Board 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 reasons therefor, while making the formal acceptance or rejection or scrutiny of a nomination.

Publication of nominations received

17. Immediately after expiration of the time specified for receipt of the nomination papers on the dates fixed for that purpose, the Returning Officer or such other authorised person shall publish at his office in Hindi and Urdu languages a list in Form 7 of all the nominations received, with a notice that the nomination papers will be taken up by the Returning Officer for scrutiny at the specified place, date and time.

Oath of affirmation.

18. Every candidate shall at the time of filing the nomination or at any time before its scrutiny of nomination take oath of affirmation in Form 8 before the Returning Officer or the Assistant Returning Officer.

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19. (1) On the date appointed for scrutiny of the nominations, the candidate and one other person duly authorised in writing by each candidate, may attend at such time and place as may be specified under rule 17. The Returning Officer of concerned Board may, however, admit such other persons as he thinks fit to assist him. The Returning Officer shall give such persons all reasonable facilities to examine the nomination papers of all the candidates, which have been received as aforesaid.

(2) The Returning Officer of concerned Board shall then examine the nomination papers of his Board and shall decide all objections, which may be made at the time to any nomination and may either on such objection or on his own motion after such summary inquiry 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 Shia Board or Sunni Board, as the case may be;

(ii) that the candidate incurred any of the disqualifications specified in section 16 of the Act;

(iii) that the name of the candidate or of his proposer or both is or are not registered in the electoral rolls;

(iv) that the candidate or his proposer has failed to comply with any of the provisions of rule 8; or

(v) that the signature/thumb impression of the candidate or the proposer in the nomination paper is not genuine:

Provided that the nomination of a candidate shall not be rejected merely on the ground of incorrect description of his name or of the name of his proposer, or of any other particulars relating to the candidate or his proposer as entered in the Electoral roll, if the identity of the candidate or proposer, as the case may be, is otherwise established beyond reasonable doubt.

(3)The Returning Officer of the concerned Board shall endorse on each nomination paper, his decision, accepting or rejecting the same and, if the nomination paper is rejected, he shall record in writing a brief statement of his reasons for such rejection. The scrutiny shall as far as practicable be completed on the date appointed in this behalf and no adjournment of the proceedings shall ordinarily be pérmissible except, at the discretion of the Returning Officer of the concerned Board to provide an opportunity to a candidate to rebut any contentions raised against his candidature.

(4) For the purpose of this rule, a certified copy of an entry in the electoral roll for the time being in force of any of the category of electors of Shia Board or Sunni Board shall be conclusive evidence of the fact that the person referred to in that entry is an Elector for that category of Shia Board or Sunni Board unless it is proved that he is subject to any disqualification mentioned in the Act.

(5) Immediately after the nomination papers have been scrutinised and the decisions, accepting or rejecting the same have been recorded, the Returning Officer of the concerned Board shall prepare a list of nominations found valid under each category and display it on the notice board of his office concerned in Form 9.

Scrutiny of nomination papers

20. Any candidate may withdraw his nomination in writing in Form 10 signed by him and delivered to the Returning Officer either in person or by his proposer not later than 5 0' clock in the evening of the appointed last day of withdrawal. The Returning Officer shall give a receipt for the same as prescribed in Form 10 on being satisfied as to the genuineness of the notice of withdrawal and the identity of the person presenting it.

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21. (1) On the following day after withdrawal of the nominations, the Returning Officer of the concerned Board shall prepare in Hindi and Urdu languages a list in Form 11 of the persons whose nominations have been found valid and display it on the notice board of his office.

(2) The list shall contain the names of the candidates as described in their nomination paper in Hindi and Urdu languages duly arranged in Hindi alphabetical order.

Declaration of result of uncontested candidate/ candidates

22. (1) If the number of contesting candidates is more than the number of vacancy/vacancies in a particular category, a poll shall be conducted.

(2) If the number of contesting candidates is equal or less than the number of vacancies in a particular category, the concerned Returning Officer shall forthwith declare such candidate or candidates as duly elected in the manner as prescribed in Form 12 and send the same to the Election Authority.

Death of candidate before poll

23. If a contesting candidate dies and a report of his death is received before commencement of the poll, the Returning Officer shall upon being satisfied of the fact of the death of the candidate countermand the poll and report the matter to Election Authority and Election proceedings 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 a candidate, who stood validly nominated at the time of countermanding of the poll.

Voting

24. (1) If a poll is to be conducted, the Returning Officer of the concerned Board shall take necessary 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; or his agent not more than one;

(b) the police or other public servants on duty ;

(c) his own clerks and such persons as the Returning 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 without help.

(2) Where a woman elector cannot be identified by the Returning Officer by reason of her observing purdah, she may be required to be identified by any mode to the satisfaction of the Returning Officer.

Explanation : - If any question arises as to whether a person is or is not a near relative within the meaning of this sub-rule it shall be decided by the Returning Officer and his decision shall be final.

Right of vote.

25. The voting shall be conducted in the following manner :-

(1) Voting shall be in person.

(2) All Electors voting at an election shall do so in person at the polling station provided for them under the rules.

(3) Counting shall be arranged at the end of the polling for the election of each category of members specified in clause (b) of sub section (1) of section 14 of the Act.

(4) The Returning Officer shall provide at each polling station sufficient number of ballot boxes, together with copies of the electoral roll containing the name of the electors, entitled to vote and such other papers and articles necessary for electors to mark the ballot papers, stationery and forms as may be necessary.

(5) Immediately before commencement of the poll the Returning Officer shall demonstrate to the polling agents and other persons present that the Ballot Box is empty.

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26. (1) Every ballot paper shall contain serial number and list of contesting candidates in Hindi and Urdu languages in the serial order of Hindi alphabet.

(2) Every ballot paper shall, before issue to an elector, be:-

(a) i. stamped or shall have written on its back;

ii. name and category of member;

iii. place of election;

(b) signed in full on its back by the Returning Officer.

Form of ballot paper

27. Immediately after a ballot paper is issued to an elector, the Returning Officer or Assistant Returning Officer shall obtain the signature of elector in token of having received the ballot paper, on the office copy of electoral roll to be retained by Returning Officer for record.

Issue of ballot paper

28. (1) Every elector to whom a ballot paper has been issued under rule 27 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 or papers as the case may be shall Forthwith:-

(a) proceed to the voting compartment;

(b) record his first, second, third, and so on preference by writing numericals 1, 2 or 3 and so on against the names of the contestants he intends to give the preference; and

(3) Every elector shall vote without any delay.

Maintenance of secrecy of voting by electors and voting procedure.

29. (1) If owing to blindness or other physical infirmity, an elector is unable to recognize the names of the contestants on the ballot paper or to write preference thereon, the Returning Officer or Assistant Returning Officer shall record the vote on the ballot paper in accordance with the wishes of the electors, fold it and insert it into the ballot box.

(2) While acting under this rule, the Returning Officer or Assistant Returning Officer shall observe secrecy and shall keep a brief record of each such instance, but shall not indicate there in the manner in which any vote has been exercised.

Blind and infirm voters

30. (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 Returning Officer or Assistant Returning Officer for each such challenge.

(2) On such a deposit being made, the Returning 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 Returning 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 on oath ; and

(4) If, after the inquiry, the Returning Officer considers that the challenge has not been established, he shall allow the person challenged to vote, and if he considers that the challenge has been established, he shall debar the person challenged from voting.

(5) If the Returning Officer is of the opinion that the challenge is frivolous or has not been made in good faith, he shall direct that the deposit made under sub-rule

(1) above to be forfeited to the Board concerned and in any other case, he shall return it to the challenger at the conclusion of the inquiry.

Challenge to identity 84 mŸkj izns'k vlk/kkj.k xtV] 25 uoEcj] 2024 358 RPH 2024 (alp. waqf folder ) Data 1e Spoilt and returned ballot papers

31. (1) An elector who has inadvertently dealt with his ballot paper may by delivering it to the Returning Officer and on satisfying him of the inadvertence, be given another ballot paper and the ballot paper so returned and the counterfoil of such ballot paper shall be marked as "Spoilt Cancelled" by the Returning Officer.

(2) If an elector after obtaining a ballot paper decided not to use it he shall return it to the Returning Officer, and the ballot paper so returned and the counterfoil of such ballot paper shall be marked as "Returned Cancelled" by the Returning Officer.

(3) All ballot papers cancelled under sub-rule (1) and sub-rule (2) above shall be kept in a separate packet.

Opening of Ballot Boxes

32. (1) The Returning Officer shall immediately after the poll at the same place where voting took place:-

(a) open the ballot box of his Board, 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 papers the word "Rejected" and the ground of rejection.

Invalidity of ballot papers

33. A ballot paper shall be invalid in any one or more of the following cases :-

(a) same preference is recorded against more than one name;

(b) numerical preference is so placed as to render it doubtful to which candidate it is intended to apply;

(c) the numerical or such other figures 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.

Counting of votes

34. The counting of votes shall commence immediately after the poll at the same place where voting was conducted.

(1) After rejecting the ballot papers which are invalid, the Returning Officer shall,–

(a) count the maximum number of first preference votes polled for a candidate, then count the maximum number of second preference votes polled for a candidate and so on and arrange the name of candidates in that order.

(b) after such counting, the candidate having obtained maximum number of first preference votes shall be declared elected if the number of vacancy is one and in case of vacancies being two, candidates having obtained maximum number of second preference votes shall be declared elected for the second vacancy.

(2) When at the end of counting, each of the contesting candidates has the same value of votes and no surplus remains capable of transfer, the Returning Officer shall decide by lot which of them shall be excluded, and the other candidates, by drawing lots, the candidate shall be declared elected:

Provided that the detailed procedure indicated in Part VII of the Conduct of Election Rules, 1961 framed under the Representation of the people‘s Act, 1951(Act no.43 of 1951), shall be followed for this purpose.

Provision of re-count

35. (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 Returning Officer to re-examine and recount the papers of all or any candidates and the Returning Officer may re-examine and recount the same accordingly.

(2) The Returning 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 shall make it obligatory on the Returning Officer to recount the same votes more than once.

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36. (1) Upon the completion of counting, the Returning Officer shall, subject to the foregoing provisions:

(a) declare the result under sub-clauses (i),(ii),(iii) and (iv) of clause (b) of sub-section (1) of section 14 of the Act in Form 12 as may be appropriate, and send signed copies thereof, to the Election Authority.

(2) The Returning Officer shall thereafter:

(a) place the valid ballot papers in one packet and the rejected ballot papers in another;

(b) seal with the seal of the Returning Officer and of such of the candidates or their election agents or counting agents as may desire to affix their seals; on each of the packets preferred to in clause (a) ; and

Declaration of result and return by Returning Officer

37. As soon as may be, after a candidate has been declared to be elected, the Returning Officer shall grant to such candidate a certificate of election in Form 13 and obtain from the candidate an acknowledgment of its receipt duly signed by him.

Grant of certificate of election to candidate

38. (1) After completion of the election, the Returning Officer shall submit the following to election Authority for being kept in safe custody for record:-

(a) packet of ballot papers mentioned in sub-rule (1) (b) of rule 32;

(b) office copy of the electoral roll and counterfoils of ballot papers issued 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 Returning Officer thereon;

(d) office copy of certificate of election issued to elected candidates and acknowledgement receipts of the same; and

(e) any other relevant papers.

(2) The record submitted to the Election Authority shall be preserved for a period of one year or till the final disposal of petition relating to election, if any, whichever is later.

Material to be submitted after election

39. The Government shall make necessary nominations for filling up the vacancies of concerned Board under clauses (c), (d) and (e) of sub-sections (1) and (3) of section 14 of the Act nominating Sunni Muslims and Shia Muslims, as the case may be.

Making of necessary nominations

40. (1)After receipt of the result of the election under clause (b) of subsection (1) of section 14 of the Act and the nominations under clauses (c), (d) and (e) of sub-section (1) of section 14 or the nominations under sub-section (3) of section 14 as the case may be, the Government shall issue a notification under sub-section (9) of section 14, appointing the members of the concerned Board.

(2) The notification issued under sub-rule (1) shall be published in the Official Gazette and in one newspaper of Hindi, English and Urdu.

(3) At least two members appointed on the Board shall be women.

Constitution of the Board

41. If the election has been conducted for any casual vacancy under clause (b) of sub-section (1) of section 14 of the Act on receipt of result of the election from the Returning Officer, the State Government shall issue a notification in the Official Gazette under sub-section (9) of section 14 of the Act appointing such person as member of the concerned Board.

Filling up of casual vacancy.

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42. (1) On appointment of the members to the Board under rule 40, the Government shall notify the first meeting of the Board, for the election of the Chairperson from amongst the members of the Board.

(2) The meeting shall be presided over by the Secretary/Principal Secretary/Additional Chief Secretary, Department of Minority Welfare to the Government who shall conduct the proceedings for the election of the Chairperson.

(3) The name of the candidate to the post of Chairperson shall be proposed by a member, which shall be seconded by another member and the voting shall be by secret ballot.

(4) A member shall have only one vote and the candidate securing the highest number of votes shall be declared to have been elected as Chairperson.

(5) The election of the Chairperson and the proceedings of the meeting convened to elect the Chairperson shall be recorded by the officer appointed by the Government and it shall form the minutes of the meeting.

(6) In case of a tie, the names of the candidates shall be put to lot and the Chairperson shall be selected form the lot.

(7) (a) Where a dispute arises as to the validity of election of the Chairperson or any member of the Board, any person interested may within thirty days of the declaration of the result of the election file an application before the Tribunal and the decision of the Tribunal thereon shall be final.

(b) No suit or other legaI proceedings shall tie in any civil court in respect of any dispute/question or other matter relating to the election of Chairperson or member of the Board.

(8) The Tribunal shall dispose of the application within one year of its filing.

(9) A petition challenging the election of concerned board, chairperson or a member shall state the grounds on which the election is being challenged.

(10) A person whose membership is questioned shall be made the respondent to the petition.

(11) (a) Before the said election petition is presented before the tribunal an amount of Rs. 5000 as security towards the cost of the petition shall be deposited in the government treasury or the State bank of India.

(b) Every petition shall be accompanied by a receipt showing the aforesaid security has been deposited.

(12) (a) The tribunal shall dispose of the election petition following the procedure provided in Civil Procedure Code, 1908 in regard to suits in so far as it is not inconsistent with the provision of the Act.

(b) the provision of Bharatiya Sakshya Adhiniyam, 2023, shall subject to provision of the act be applicable in all respect in the proceeding for the disposal of the petition.

(13) Expenses for the conduct of election of the members and the Chairperson of the Board shall be borne by the Government.

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43. (1) If the person appointed as Chief Executive Officer (CEO) under section 23 of the Act, is an officer who has retired from Government service, he shall draw pay in the sanctioned scale plus his pension in full subject to the condition that the total of the pay and pension so drawn (including pension equivalent to any gratuity drawn by him) shall not exceed the pay at the time of retirement and the rules relating to Government employees lent on foreign service shall mutatis-mutandis apply to such officers.

(2)The person appointed as Chief Executive Officer on deputation basis shall be allowed to draw pay in his own pay scale along with other allowances admissible to him in the previous employment under Government, Union Territory Administration or local body, as the case may be, plus deputation allowance as admissible under the Government rules:

Provided that the period of deputation shall ordinarily not exceed three years.

Provided also that the Government shall have powers to enhance or reduce the deputation period to the post in public interest either on the recommendation of concerned board or on its own motion.

(3) In case a vacancy to the post of Chief Executive Officer arises due to his repatriation/removal, the Government shall have powers to appoint any senior officer of the concerned board as Acting Chief Executive Officer till the vacancy is filled.

(4) The confidential report on the work and conduct of the Chief Executive Officer shall be written by the Chairperson of the Board and shall be forwarded to the Secretary/Principal Secretary/Additional Chief Secretary to the Government in charge of waqf matters, for a review.

(5) If residential accommodation is provided by the concerned Board to the Chief Executive Officer he shall pay rent to the board at such rates as may be specified from time to time on the basis of his monthly emoluments or the standard rent as may be determined by the concerned board, whichever is lower, plus additional charge for furniture specified by the Board, in case any furniture is provided.

(6)The travelling allowance for the time being in force as applicable to an officer of equivalent rank in the Government shall apply to the Chief Executive Officer.

(7) Periodical increments in the time scale of pay to the Chief Executive Officer shall be sanctioned by the concerned Board.

(8) Leave rules applicable to the Government employees and the rules relating to the casual leave applicable to the concerned board employees shall apply to the Chief Executive Officer.

(9) Casual leave shall be sanctioned by the Chairperson of the concerned Board and leave other than casual leave shall be sanctioned by the Government.

(10) In case of an officer who has retired from the government service, he shall continue to hold the office of the chief executive officer till he attains the maximum age of sixty five years or as specified in the order his appointment, whichever is earlier whereas in the case of a person appointed as chief executive officer on deputation basis he shall continue to hold the office of chief executive officer as specified in his appointment order, however he shall return to his parent cadre, atIeast one month before the date of his superannuation.

(11) All other terms and conditions of service relating to disciplinary matters as applicable to the officers of equivalent rank in the Government shall apply to the Chief Executive Officer.

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44. (1) The Chief Executive Officer or any other officer of the concerned Board, duly authorized by it in writing shall, for the purposes of carrying out inspection under section 29 of the Act, make an application in writing to the officer in charge of the office expressing his intention so to do.

(2) The officer in charge shall allow the inspection within seven days of the receipt of the application under sub-rule(1).

(3)The mutawalli or any other person having the custody of any document relating to waqf property shall produce the same within ten days before the Chief Executive Officer on being called upon to do so in writing and if so desired shall supply the copies of the documents within the next ten days.

(4) (a) On a written request by the Chief Executive Officer, an agency of the Government or any other organization shall supply, within ten working days, copies of the record, register of properties or other documents relating to waqf properties or claimed to be waqf properties.

(b) If for any reason the required documents cannot be supplied within ten working days, the concerned agency of the Government or the organisation shall seek further time, not exceeding ten working days to supply the information/ documents.

(5)The supply of documents as required by Chief Executive Officer shall be free of cost:

Provided that before seeking information/documents under sub-rules(3) and

(4), the Chief Executive Officer shall obtain the approval of the concerned board.

Inspection and issuance of copy of document

45. (1) AII applications for inspection of Board's record shall be made to the Chief Executive Officer in Form 14 of the amount specified under sub-rule (2):

Provided that this sub-rule shall not apply to applications submitted in response to notices calling for applications unless otherwise stated in the notice or to the applications made for scholarships and stipends.

(2) Permission on application for inspection of record or proceedings of the concerned board or any committee may be granted by the Chief Executive Officer on payment of requisite fees prescribed by the board under the regulations framed under section 110 of the Act, which shall be deposited by the applicant in advance with the office of the concerned board.

(3) Certified copy, in the manner provided In Bharatiya Sakshya Adhiniyam, 2023 of record or proceedings of the Shia Board/Sunni Board, or any committee may be granted by the Chief Executive Officer on an application in Form 15 on payment of requisite fees as prescribed by the board:

Provided that the application in Form 15 shall be accompanied by the receipt of the concerned board for requisite fees as prescribed by the Board.

(4) The following persons shall be entitled to inspect records under this rule, namely :-

(a) for any waqf other than waqf-alal-aulad, the person interested in such waqf;

(b) for awaqf-alal-aulad, the waqif, his descendents, mutawalli and the beneficiaries of the waqf.

(5) The applicants shall be provided the relevant copies as applicable within fifteen days from the date of application.

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46. (1) The concerned Board shall appoint a person from any of the following categories to be Executive Officer under sub-section (1) of section 38 of the Act, namely:-

(a) a retired officer of the State/Central Government not below the rank of Group B and who is not more than sixty two years of age : or

(b) an officer in the equivalent grade from any of the State/Central Civil Services : or

(i) possesses a Bachelor's degree of any recognised University : and

(ii) has a minimum of ten years of service.

(2) The appointment of a retired officer under sub-rule (1) shall be on contract basis and the scale of pay and other allowances admissible for the post of Executive Officer shall be fixed by the Shia Board/Sunni Board.

(3) If the appointment is a part time appointment, a suitable honorarium may be fixed by the Shia Board/Sunni Board.

(4) If the appointment is by deputation of a Government Servant, his period of deputation, terms of service and the pay and allowances shall be regulated as per Civil Services Rules.

(5) If the appointment of Government servant is in addition to his own duties, he shall be entitled to draw such remuneration as may be fixed by the concerned board.

(6) If the appointment is by promotion of a Superintendent/Manager, the post must carry the scale of pay as fixed by the concerned board.

(7) An Executive Officer may also be considered for appointment on an Honorary basis.

(8) For any waqf having a gross annual income of not less than five lakhs rupees, the Executive Officer may be provided with the following supporting staff as deemed necessary, namely:-

(a) Rent Collector/Manager/Sheristedar :One

(b) Clerk-cum-Typist :One

47. (1)The Chief Executive Officer shall be an Inquiry Officer for the purposes of carrying out an inquiry under sub-section (1) of section 39 of the Act.

(2) The Chief Executive Officer shall issue a notice of an inquiry in Form 16 to the interested parties informing them the date, time and place for holding an inquiry in relation to any waqf whose object or any part there of have ceased to exist.

(3) AIl persons who appear in response to the notice issued under sub- rule

(2) shall be heard at the time fixed for hearing and the inquiry officer may grant adjournment from time to time for filing written statement containing objections and suggestion, if any.

(4) Any party to the proceedings shall have the right to appear in person or through pleader to adduce oral or documentary evidence and to apply for summoning witnesses or documents.

(5) The inquiry officer shall record oral evidence of the witnesses and shall follow the procedure laid down in the Code of Civil Procedure, 1908 (Act no.5 of 1908) for the appearance of pleader, filing of affidavits, production of documents, examination of witnesses, recording of oral evidence, issue of commission and return of documents and to pass interim order.

(6) The inquiry officer shall complete inquiry within six months and submit report to the Board with in thirty days from the date on which the inquiry is concluded.

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48. (1)Every mutawalli of a waqf shall submit a budget at least thirty days before the beginning of the financial year to the Board showing its estimated receipts and expenditure for the ensuing financial year in Form 17 :

Provided that the budget so prepared shall be sustainable and deficit budget may be avoided.

(2) The Government may give financial assistance in the form of grants-in-aid to concerned board for meeting establishment expenditure.

(3) The concerned Board shall scrutinize the budget proposal and ensure that provision has been made therein for the obligatory expenditure referred to in subsection (2) of section 44 of the Act and for carrying out the purpose which may have been specifically enjoined on the waqf by the deed of waqf.

(4) The concerned Board may give such directions to modify the budget in case any item is considered to be contrary to the objects of the waqf or the provisions of the Act.

(5) If the concerned Board is satisfied that adequate provision for certain items has not been made in the budget, it shall have power to modify it in such manner as may be necessary to secure such provision and return it to the mutawalli concerned.

(6) Every mutawalli shall consider the suggestions and incorporate the modifications made by the Board in the budget and pass the budget before the beginning of the financial year to which it relates.

(7) Notwithstanding anything contained in these rules, concerned board may direct a mutawalli to modify its estimates to be in keeping with the provisions of the Act and the waqf deed and such mutawalli shall comply with the direction of the Board.

(8) As soon as the budget is passed, every mutawalli shall forthwith submit copies thereof to the Board.

(9) No sum shall be expended by or on behalf of a waqf unless such sum is included in the budget estimates sanctioned under section 44 of the Act and in force at the time of incurring the expenditure.

(10) If in the course of the year, a mutawalli finds it necessary to alter the figures shown in the budget with regard to receipts or the distribution of the amounts to be expended on the different services undertaken by him on behalf of the waqf, a supplementary or revised budget may be submitted to the Board.

Budget of auqafs under the direct management of Shia Board/Sunni Board

49. (1)The Chief Executive Officer shall prepare the budget for all the auqafs under the direct management of concerned board for the next ensuing financial year by January of the current financial year in Form 18 containing all details of estimates of receipts and expenditure for the next financial year.

(2) (a)The Chief Executive Officer shall prepare the list of all the auqafs under the direct management of the Board for which budget for the next ensuing financial year is to be prepared under sub-rule (1) by the month of December of the current financial year in Form 19 .

(b) The Chief Executive Officer shall direct each of the officials of the auqafs under the direct management by the concerned board to furnish the budget in respect of the next ensuing financial year in Form 20.

(3) The budget so prepared under sub-rule (1) shall have a statement furnishing details of the increase, if any, in the income of the auqafs during the current financial year and also the steps taken for its better management and results obtained in Form 21 .

(4) If the Board is satisfied that adequate provision has not been made in the budget, it shall have power to modify it in such manner as may be necessary to secure such provision and pass the budget before the beginning of the financial year to which it relates.

(5) If in the course of the year, the Chief Executive Officer finds it necessary to alter the figures shown in the budget with regard to the receipts or the distribution of the amounts to be expended on the different services undertaken by the Board on behalf of the waqf, a supplemental or revised budget may be framed and submitted to the Board.

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50. (1)The accounts of the auqafs having net annual income exceeding fifty thousand rupees shall be submitted to the Board by the mutawalli or the managing committee for audit within three months of the close of the financial year.

(2) The accounts submitted under sub-rule (1) shall be audited by an auditor referred to in clause (b) of sub-section (1) of section 47of the Act, within a period of one year of the close of the financial year:

Provided that such account may be audited within a period of two years, with the approval of the Chairperson for reasons to be recorded in writing.

Interval at which accounts of auqaf may be audited

51. (1) Upon receiving report from any person residing in the locality where the waqf property is situated or upon receiving information otherwise that a waqf property has been transferred in contravention of the provisions of sections 51 or 56 of the Act, the Board, on being satisfied from the register of auqaf, maintained under section 37 of the Act that the property alleged to have been transferred is waqf property, shall obtain a certified copy of the deed of transfer from the registration office concerned.

(2) The Chief Executive Officer shall draw up a report specifying therein fully the waqf property, the details of the transfer deed executed in respect of the property, the name and full particulars of the person executing the deed or other document and the name with particulars of person or persons to whom the property has been transferred.

(3) The report shall be put up for orders of the Board which, after considering the report of the Chief Executive Officer and inspecting such documents, as may appear necessary, and/or making inquiry from such persons as is considered reasonable, pass orders for sending a requisition to the Collector of the respective district to obtain and deliver possession of the property to the Board.

(4) The requisition to the Collector shall be drawn by the Chief Executive Officer in Form 22 and sent to the Collector of the respective district through special messenger or by registered post with acknowledgment due.

(5) The order passed by the Collector under sub-section (2) of section 52 of the Act, shall be in Form 23 .

(6) If the person against whom an order under sub-section (2) of section 52 of the Act is issued, prefers an appeal to the Tribunal under sub-section (4) of the said section, he shall send a copy of the memorandum of appeal to the Collector immediately on the day of filing the appeal and the Collector shall arrange for its defence and shall also give intimation of such appeal to the Board.

(7) While obtaining the possession of the property under sub-section (5) of section 52 of the Act,-

(a) no person executing the Collector's orders, shall enter any dwelling house without giving a notice of forty-eight hours to the occupants of the dwelling house ;

(b) no outer door of any dwelling house shall be broken open unless the occupants of such dwelling house refuse or in any way prevent access thereto;

(8) After obtaining possession of the property, the Collector or any person duly authorised by him in this behalf shall hand over the said property to the concerned board or to any person duly authorised by the concerned board on proper acknowledgement.

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52. (1) The action to remove encroachment will be taken under this rule only from those properties which are recorded as waqf properties in the revenue records as per the procedure established in the Land Records Office (such as in the records Khatauni/Gharauni of the Tehsil, property register of the municipal body etc.) and matching the property with the base year 1359 Fasli and ensuring that the property is not included in the reserved category in accordance with section 77 of the Uttar Pradesh Revenue Code, 2006.

(2) A notice for removal of encroachment under the sub-section (1) of section 54 of the Act shall be served in Form 24 through Serving Officer/Special Messenger so appointed by the Chief Executive Officer to the person for whom it is intended or to any aduIt member of his family, or by sending a registered post in a letter addressed to that person at his usual or last known place of residence or business.

(3) Where the notice under sub-rule (2) is delivered or tendered, the signature of the person to whom the copy is delivered or tendered shall be obtained in token of acknowledgement of the service.

(4) Where the person or the adult member of the family of such person refuses to sign the acknowledgement, or where such person cannot be found after using all due and reasonable diligence and there is no adult member of the family of such person, a copy of the notice shall be affixed on the outer door or some other conspicuous part of the ordinary residence or usual place of business of such person and where no construction is made and the premises are agricultural or non agricultural land, the notice shall be affixed on some part of the property and the other notice shall be returned to the Chief Executive Officer who issued the said notice, with a report endorsed thereon or annexed thereto, stating that a copy has been so affixed, the circumstances under which it was so done and the name and address of the person, if any, who identified the ordinary residence or usual place of business and in whose presence the copy was affixed.

(5) If the notice issued cannot be served in the manner specified above, the Chief Executive Office may, if he thinks fit, direct that such notice shall also be published in at least one newspaper having circulation in the locality and he may also proclaim the contents of any notice in the locality by beat of drum or in any other manner which he may think appropriate, in the facts and circumstances of each case.

Conducting of inquiry on encroachment of waqf property

53. (1) In cases relating to encroachment of waqf property, the Chief Executive Officer may call upon the parties to appear in person on specified date and time to put up their respective claims in regard to encroachment over the property in dispute.

(2) Where any person who has received notice under rule 52, desires to be heard in person or through his representative, the Chief Executive Officer shall authorize such hearing in writing and the party may be authorized to produce evidence which he intends to produce in support of the cause shown and the Chief Executive Officer shall fix a date for personal hearing and scrutiny of evidence as he considers appropriate in each case.

(3) The Chief Executive Officer may hear the parties, receive all such evidence as may be produced by them, take such further evidence, if any, as he thinks necessary in the facts and circumstances of each case, record summary of the evidence tendered before him and the summary of such evidence and any relevant documents filed before him shall form part of the records of the proceeding.

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(4) The records of enquiry in every case shall include.-

(a) a minute of the proceedings;

(b) notice calling for objections and objection(s) received at the inquiry;

(d) a brief record of reasons and the decision.

(5) Nothing shall preclude the Chief Executive Officer to listen to any party or required to attend any other person interested to make statement regarding the subject matter in dispute.

(6) After hearing the parties, perusing the objections and going through the evidence, if the Chief Executive Officer is satisfied that the property in question is waqf property and there has been an encroachment on any such waqf property, he may by an order in Form 25, require the encroacher to remove such encroachment and deliver possession of the land, building, space or other property encroached up on to the Board or a mutawalli of the Board.

(7) When any party to any such proceeding dies, the Chief Executive Officer may cause the legal representatives of the deceased party to be made a party to the proceedings and shall thereupon continue the inquiry and if any question arises as to who shall be the legal representative(s) of a deceased party for the purpose of such proceedings, then all the persons claiming to be representatives of the deceased party shall be made parties.

(8) If the waqf property is not vacated within fifteen days of the receipt of the order made under sub-rule(6), the Chief Executive Officer may make an application before the Tribunal for grant of order of eviction under sub-section(3) of section 54 of the Act for removiñg such encroachment and deliver possession of the waqf property to the Board or the mutawalli.

(9) The Tribunal, after giving an opportunity of being heard, to the person against whom application has been made, pass order of eviction and cause a copy of the order of eviction to be pasted on the waqf property.

(10) If any person fails to comply with the order of eviction passed by the Tribunal within forty-five days of the service of the order, the Chief Executive Officer shall refer the matter,in Form 26, to the Executive Magistrate of the area.

54. In assessing damages for unauthorised use and encroachment of any waqf premises, the Chief Executive Officer shall take into consideration the following matters,namely:-

(a) the purpose and the period for which the waqf premises remained in unauthorised use;

(b) the nature, size and standard of the accommodation available in such premises ;

(c) the rent that would have been released if the premises had been let out on rent for the period of encroachment to any other person ;

(d) any damage done to the premises during the period of encroachment ;

(e) any other matter relevant for the purpose of assessing the damages.

(f) The damages for the unauthorized use and occupation of the waqf property shall be determined on the basis of market value of the Waqf premises determined by the collector of the dispute for the payment of the stamp duty.

(g) The rate of damages shall be 10% annually of the market value of the Waqf property under his occupation.

(h) If any person unauthorizedly occupying the Waqf premises does not remove his encroachment/ unauthorized occupation despite the receipt of notice of vacation, shall be liable to pay damages at the rate of 20% of the market value annually.

(i) If the person upon whom the damages have been imposed fails to deposit before the concerned authority, same shall be recovered as the arrears of land revenue.

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55. (1) upon receipt of any complain against the Mutawalli, the board may direct for the holding of enquiry in respect to charges labelled against the mutawalli. Form 27

(2) The Board shall conduct summary inquiry in the manner specified under rule 47.

(3) Upon the conduct of inquiry under sub-rule (2), and upon the order of suspension of the mutawalli by the Board under sub-section (5) of section 64 of the Act, the Chief Executive Officer shall issue a notice of suspension in Form 28 to the concerned mutawalli calling upon him to explain as to why such order of suspension shall not be issued to him.

(4) Upon the conduct of the enquiry under sub-rule 2, the board shall issue a notice stating the proposed grounds of removal/ supersession calling upon him to explain as to why such order of removal/ supersession may not be passed. The mutawalli on the receipt of aforesaid notice shall submit his reply and all such evidence on which he wants to rely within 15 days within the receipt of the notice.

(5) Upon receipt of the report of summary enquiry the board may place the mutawalli under suspension if the board is of the opinion that his continuance in the office of mutawalli is not in the interest of waqf.

(6) The board upon receipt of the explanation or where the mutawalli fails to submit any explanation shall take a final decision.

Annual report relating to waqf under direct management of the Board

56. The other details to be furnished in the report to be sent by the Board to the State Government under sub- section (3) of section 65 of the Act shall be in Form 29.

Order of supersession of the waqf management committees

57. (1) Any committee entrusted with the supervision or management of a waqf shall have a maximum term of three years unless the committee is superseded by the Board or it is in contravention of the waqf deed or approved scheme of management of the waqf.

(2) The Board shall, before issuing any order of suspension, issue a show cause notice in Form 30 to a committee against whom action for suspension is contemplated under sub-section (2) of section 67 of the Act calling upon the committee within such time, not being less than one month as may be specified in notice, as to why such action shall not be taken.

(3) The order of suspension passed by the Board under the provison to subsection (2) of section 67 of the Act shall be published on the notice board of the concerned waqf, District Waqf Advisory Committee office, and office of the State Board of Waqfs and shall also be served on the concerned mutawalli.

(4) A copy of the order passed by the Board under sub-section (2) of section 67 shall be supplied free of cost to the person adversely affected thereby and one copy of the same shall be published in Urdu, Hindi and English language newspaper having circulation in the area and on such publicàtion, the order shall be binding on all persons having any interest in the waqf.

(5) The Board shall, before issuing an order for removal of a member of the committee from the membership of the managing committee under sub-section (6) of section 67 of the Act, shall issue a show cause notice in Form 31 to such member calling upon him to show cause as to why he shall not be removed from the membership of the committee.

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58. (1)Where the Board takes a decision to frame a scheme for the administration of a waqf under sub-section (2) of section 69 of the Act, it shall issue a notice in Form 32 to the mutawalli concerned, the managing committee or the applicant.

(2)The proposed scheme shall contain the following details, namely:-

(a) name of the waqf;

(b) address;

(c) whether the scheme is under the management of the mutawalli/managing committee or under the direct management of the Board;

(d) details of the scheme/proposal;

(e) expenditure involved;

(f) Income to be generated.

(3) The proposal of the mutawalli or the managing committee or the applicant shall be considered by the Board which shall accord approval to the scheme with such modifications as it may deem fit and shall communicate the same within fifteen days to the mutawalli/the managing committee or the applicant.

(4) Every scheme framed by the Board under sub-rule (1) shall be published in Urdu/local language newspaper having circulation in the area.

Consultation relating to scheme for administration of waqf

59. (1)The Board or any person authorized by the Board may, either on an application received or on its own motion, hold an enquiry under section 71 of the Act.

(2) The Board shall send a copy of the allegations made against the waqf to the management of the waqf and obtain its explanation on each of the allegations.

(3)The inquiry relating to administration of the waqf shall be held in the manner specified under rule 47.

Manner of holding inquiry under section 71 of the Act

60. (1)The mutawalli of every waqf, the net annual income of which is not less than five thousand rupees, shall pay annually to the Board, seven per cent of such annual income as annual contribution.

(2) The mutawalli of a waqf shall, before the 15th day of June every year, submit a return of the net annual income of the waqf and the contribution payable by it, in Form 33, to the Chief Executive Officer.

(3) On receipt of a return under sub-rule (2), the, Chief Executive Officer shall verify the return submitted by the mutawalli and if he is satisfied as to the correctness of the return, he may fix the annual contribution in accordance with such return and if no return is filed within the specified time, the Chief Executive Officer shall suo-motu fix the annual contribution to be paid by the mutawalli.

(4) In case the Chief Executive Officer is of the opinion that the return submitted under sub- rule (2) is incorrect or false with regards to any material particular, or the contents of such return do not comply with the provisions of the Act or the rules made or any order issued by the Board, he may, call upon the mutawalli to show cause within the time specified in the notice as to why such assessment of the return shall not be revised.

(5)The Chief Executive Officer, after considering the reply if any, received from the mutawalli concerned, may assess the net annual income of the waqf to the best of his judgment or revise the net annual income as shown in the return submitted by the mutawalli and the net annual income as assessed or revised shall be deemed to be the net annual income of the waqf.

(6) No contribution payable by a mutawalli under this rule shall be remitted or reduced except with the previous sanction of the Board.

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(7) The reduction or remission sanctioned by the Board shall be operative only for the year for which it is sanctioned provided that where its continuance in subsequent year is found necessary, the Board shall give fresh sanction.

(8) The Board may, on an application from a mutawalli, by order, sanction the remission or reduction of the contribution to be paid by mutawalli in the following cases, namely:-

(a) loss of money, stores of articles of the waqf not due to the negligence of the mutawalli or other employees of the waqf;

(b) loss of income due to failure of crop on account of drought or other unforeseen causes like/flood;

(d) paucity of funds due to non-recovery of loans, advances and debt;

(e) where the waqf supports an orphanage resources of which are insufficient for its due management; and

(f) Other causes, approved by the Board with a three-fourths majority.

(9) Before a reduction or remission of contribution is sanctioned, the Board shall make a thorough investigation into the circumstances of each case and satisfy itself that such reduction or remission is necessary.

Payment of money into Waqf Fund and investment of such money under section 77 of the Act

61. (1) The Board shall authorize one of its officers (hereinafter referred to as "the authorized officer") to receive all payments to the Waqf Fund, to issue receipts and to make payments on behalf of the Board.

(2) (a) The authorized officer shall be required to furnish to the Board, securities or sureties for such amount as the Board may specify in that behalf.

(b) SoIvency of sureties shall be verified by the Sub-Divisional Magistrate of the area where the official is residing at the beginning of each year.

(3)The authorized officer shall grant receipts for all moneys received by him to the credit of the Waqf Fund and counterfoil receipt bearing printed receipt numbers shall be maintained for the purpose.

(4) All such moneys shall immediately be deposited in,-

(a) a Scheduled Bank as defined in the Reserve Bank of India, Act, 1934 (Act no. 2 of 1934), or

(b) A Post Office Savings Bank Account.

(5)(a) All deposits shall be made in the name of the Shia Board/Sunni Board.

(b) The Chairperson and any other member or officer of the concerned Board authorized in this behalf by the concerned Board shall have the powers to withdraw such deposit or any part thereof and operate on the bank account, subject to such conditions as the concerned board may think proper.

(6) No money shall be withdrawn from the bank unless it is required for immediate payment for the purpose of the concerned Board.

(7) The appropriation of receipts to expenditure shall be avoided.

(8 ) (a) Payments from the Waqf Fund shall be made by cash or cheque.

(b) Cheque shall not be issued for sums less than five hundred rupees.

(9) Moneys indisputably payable shall not be left unpaid and money paid shall not be kept out of the account a day longer than absolutely necessary.

(10) (a) Any person having a claim against the concerned Board shall present a voucher duly verified and stamped.

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(b) All vouchers shall be filled and signed in ink.

(d) All corrections and alterations in the vouchers shall be attested by the dated initials of the person signing the voucher.

(11) Receipts for all sums exceeding five thousand rupees either by cash or cheque shall bear the revenue stamp of the requisite value.

(12) An officer authorized to handle the moneys of the Waqf Fund shall be responsible for their custody and also for reimbursing to the Shia Board/Sunni Board, in case of any loss by theft, fraud, fire or any other cause:

Provided that if in any case, after such inquiry as the Shia Board/Sunni Board may make, the Shia Board/Sunni Board is satisfied that the loss was unavoidable and was not due to any negligence on the part of the officer responsible for the proper custody of the amount, the Board may not insist on reimbursement of the amount of the loss by the officer concerned, but may write it off.

(13) Amount not required for expenditure during the year shall be invested by the Board-

(a) in one or other of the following securities:-

(i) promissory notes, debentures, stocks or other securities of the Central Government;

(ii) stock or debentures of, or shares in companies, the interest wherein shall have been guaranteed by the State Government or the Central Government;

(iii) debentures or other securities for money issued by or on behalf of any Municipal body under the authority of any Act; or

(b) in fixed deposits for a period not exceeding three years in-

(i) a Scheduled Bank as defined in the Reserve Bank of India Act, 1934 (Act no. 2 of 1934); or

(ii) for the purchase or for the first mortgage of immovable property with the previous sanction of the Government.

(14) The investment under sub-rule (13) shall not be pledged, encashed or withdrawn without the prior sanction of the concerned board.

(15) (a) The concerned Board shall cause to be maintained such books of account and other books in relation to its accounts in such form and in such manner as may be specified by it;

(b) The pages in the account books, registers, receipts, etc., shall be serially numbered and each page shall be affixed with the seal of the concerned Board.

(c) The number of pages that each book or register contains shall noted on the first page after actual verification by the Chief Executive Officer.

(16) It shall be the responsibility of the Chief Executive Officer to ensure that the contributions, fees, rents and other amounts due to the concerned Board are promptly demanded, released and credited to the Waqf Fund.

(17) The Chief Executive Officer shall be in charge of the work relating to the finance, budget and accounts of the concerned Board.

(18) The Chief Executive Officer shall, in relation to the budget, account, and audit of the concerned Board.

(a) be responsible for ensuring that the budget estimates of the Board are properly framed keeping in view the instructions issued by the concerned Board and the Government in this behalf and submitted to the concerned Board within the time schedule;

(b) scrutinize the budget proposals submitted by the mutawallis thoroughly and assist the Board in scrutinizing the budget proposals;

98 mŸkj izns'k vlk/kkj.k xtV] 25 uoEcj] 2024 358 RPH 2024 (alp. waqf folder ) Data 1e

(d) ensure that monthly and annual accounts of the Board are compiled properly and promptly;

(e) obtain necessary periodical returns of progress of expenditure, watch and review the progress against sanctioned amounts and issue such instructions as may be found necessary to the officers and employees of the Board;

(f) scrutinize the proposals for supplementary grants and advise the Board suitably;

(g) keep himself in regular touch with the audit objections and inspection reports of the audit and for their early settlement;

(h) keep a close watch on the recoveries of dues to the Board and repayment of loan and interest;

(i) be responsible for the maintenance of accounts of the Board;

(j) obtain periodical returns of stores and stocks and their value from the officers and review them and offer his remarks on such accounts and place it before the Board;

(k) furnish any information and statistics that may be called for by the Board on matters relating to budget, accounts and audit;

(l) arrange for internal audit of accounts of the Board periodically and take urgent steps to rectify any defects noticed during such audit;

(m) report to the Board all instances of payments made contrary to the rules and regulations including cases where payments are made in the absence of any provision in the budget estimates.

(19) The concerned Board may prepare revised estimates during the financial year keeping in view the actual and probable expenditure during the year.

Budget of Shia Board/Sunni Board

62. (1)The Chief Executive Officer shall in every year prepare in Form 34, a budget in respect of the ensuing financial year, showing the estimated receipts and expenditure during that financial year and place before the concerned Board by 31st December.

(2) The concerned Board shall scrutinize the budget proposal and make suitable modification, if necessary, and forward a copy of the same to the Government before 31st January.

(3) On receipt of the budget forwarded to it, the Government shall examine the same and suggest such alterations, corrections or modifications, to be made therein as it may think fit and forward such suggestions to the concerned Board for its consideration.

(4) On receipt of the suggestions from the Government, if the Board does not agree with any modifications, corrections or alterations made by the Government in the Budget, the concerned Board may forthwith make written representation to the Government with regard to the alterations, corrections or modifications suggested by the Government.

(5) The Government shall consider the representation of the Board and pass final orders in the matter and communicate its decision within a period of three weeks from the date of receipt of such representation.

(6) On receipt of the suggestions from the Government and if no representation has been made by the Board to such suggestions or the Government has communicated its decision regarding any representation, if any, made by the Board, the Board shall incorporate in its budget all the alterations, corrections, modifications finally suggested by the Government and the budget so altered corrected or modified, shall be passed by the Board.

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(7) A copy of the budget so passed shall be forwarded to the Government and in case no objection is received from the Government within fifteen days, the budget shall be declared to be final.

(8) If, in the course of the year, the Board finds it necessary to alter the figures shown in the budget with regard to the receipts or the distribution of the amounts to be expended on the different services undertaken by the Board, a supplemental or revised budget may be framed and got sanctioned in the manner provided in these rules and copies thereof forwarded to the Government.

(9) No sum shall be expended by the Board unless such sum is included in the budget estimates sanctioned under section 78 of the Act and in force at the time of incurring the expenditure.

63. (1)Any party aggrieved by the decision of the Board under sub- section

(1) or sub-section (3) of section 40 of the Act, may file an appeal to the Tribunal within thirty days from the date of the decision.

(2) Any person aggrieved by any order passed by the board under the provision of the Waqf Act, 1995 may approach Waqf tribunal within 60 days of the said order.

Time limit for filing application to Tribunal

64. (1) The appointment of Chairman under clause (a) and a member under clause (b) of sub- section (4) of section 83 of the Act shall be on deputation basis, subject to usual terms of deputation as applicable.

(2) A person shall not be qualified for appointment as a member under clause (c) of sub- section (4) of section 83 unless he possess knowledge of Muslim law and jurisprudence:

Provided that the candidate must have adequate knowledge English.

(3) Appointment of a member referred to in clause (c) of the sub- section (4) of section 83 of the Act shall be made by the State Government.

(4) Tenure of the member so appointed under sub-rule (3) shall be for a period of three years, extendable for a further period of two years.

(5) Age of the member so appointed under sub-rule (3) shall not be more than 63 years.

(6) The member so appointed shall be entitled to get Rs 5000 per sitting, that may be increased time to time if state government so decides.

(7) Leave of various kinds to members under this rule shall be as admissible to Uttar Pradesh Government employees.

(8) (a) The deputation of Chairman and member of the Tribunal referred to sub-rule (1), shall be for a period of three years, which may be extended for a further period of two years at the direction of the Government.

(b) The age of superannuation of the Chairman and the member referred to in sub-rule (1) shall be as per their service rules.

Terms and conditions of appointment of Chairman and members of Tribunal

65. The employees will be posted in the Tribunal by the Chairman on deputation. However, on the request of the Registrar of the Tribunal, the State Government will post such staff on transfer from respective department.

Appointment of the employees of the tribunal and their service 100 mŸkj izns'k vlk/kkj.k xtV] 25 uoEcj] 2024 358 RPH 2024 (alp. waqf folder ) Data 1e Filing of application for suits/appeal before Tribunal

66. (1) An application under rule 63 shall be made in Form 35.

(2) An application filed before the Tribunal under sub-rule (1) shall be signed by the applicant and shall be presented by him in person or by his authorized representative to the Registrar or to an officer authorized by him in this behalf.

(3) The application filed under sub-rule (1) shall be accompanied by documents upon which the petitioner seeks to rely.

(4) The applicant shall file along with the application as many as additional copies of the application and documents as are the number of the respondents.

(5) The Tribunal may, in its discretion, accept an application for hearing under sub-rule (1), which is not accompanied by all or any of the documents, referred to above.

(6) Every application filed under this rule shall set forth a clear statement of facts concisely and under distinct and separate heads, and such ground of facts and relief claimed therein, shall be numbered consecutively.

(7) The application for interim relief shall set forth clearly and precisely any loss being caused to the applicant which cannot be adequately compensated in terms of money.

(8) Any application before the Tribunal relating to suits against the Board which do not comply with the mandatory provision of two months notice under section 89 of the Act shall be dismissed summarily.

Other procedure to be followed by TribunaI

67. (1) The Registrar or an officer authorized by him in this behalf shall endorse on every application, the date on which it was presented and fix the date for appearance before the Tribunal and shall sign the endorsement in token thereof.

(2) Every application shall be registered or numbered by the Registrar or the officer authorized by him in his behalf in a register to be kept for this purpose.

(3) The Tribunal shall maintain such registers as prescribed for use in civil courts as may be necessary.

(4) A copy of the memorandum of application, shall be served on the other party prior to filing of the same before the Tribunal:

Provided that in cases of extreme urgency, the Tribunal may, on an application if considers expedient so to do, dispense with the service of the copy of the application on the other party.

(5) Every application, plaint or memorandum of appeal or an application for execution or other application shall be accompanied by court fee. as prescribed in Schedule I and Schedule II of Court Fees Act, 1870 (Act no. VII of 1870) as amended from time to time.

(6) Written statement to the application preferred before the Tribunal may not be entertained from the respondent after sixty days have elapsed from the date of filing the application:

Provided that if the Tribunal is satisfied that the respondent was prevented by sufficient cause from filing the written statement within the said period of sixty days, it may entertain the written statement within a further period of thirty days, but not thereafter.

(7) Reply to the written statement preferred before the Tribunal may not be entertained after sixty days have elapsed from the date of filing the written statement:

Provided that if the Tribunal is satisfied that the applicant was prevented by sufficient cause from filing the reply within the said period of sixty days, it may entertain the reply within a further period of thirty days, but not thereafter.

(8) Maximum three applications each by the applicant and the respondent shall be allowed for adjournments on any ground and not thereafter.

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68. The Tribunal, after considering all aspects of the application and after hearing the applicant or his authorised representative, may dismiss the application, without sending notice to the respondents.

Powers to dismiss application without sending notice to the respondent

69. (1) Every notice to petitioner/respondents in the application shall be sent and served through Registered Post with acknowledgment due.

(2)Where the Tribunal is satisfied that the notice cannot be served in ordinary way and there are reasons to believe that the petitioner/respondents are keeping themselves away for the purposes of avoiding service of the notice, the Tribunal shall order substitute service of notice in accordance with the provisions of rule 20 of order 5 of the Code of Civil Procedure, 1908 (Act no. 5 of 1908).

Service of notices

70. Unless the Tribunal dismisses the application, it shall notify the parties the date and place of hearing of the application, etc.

Date of hearing of application, etc.

71. The proceedings before the Tribunal shall be open to the public:

Provided that the Tribunal may, if it thinks fit, order at any stage of the proceedings that the public generally or any person in particular shall not have access to or remain in the room of the Tribunal.

Proceedings to be open to public

72. (1) Every application filed before the Tribunal shall be heard and disposed of in accordance with the procedure set out for hearing of suits and appeals in the Code of Civil Procedure, 1908 (Act no. 5 of 1908) and the General Rule Civil.

(2) Every order of the Tribunal shall be in writing and shall be signed and dated under its seal.

Order Of Tribunal

73. Every order of the Tribunal dismissing or allowing the application, shall be communicated to the parties or to their authorized representatives free of cost.

Supply of copies of the order to parties

74. The Tribunal may, notwithstanding any of the foregoing provisions, give such orders or give such directions as may be necessary or expedient to secure the ends of justice.

Orders and directions in certain cases

75. The language of the Tribunal shall be English/Hindi:

Provided that the parties to proceedings before the Tribunal may file documents/proceedings drawn up in Urdu or Hindi, If they so desire:

Provided further that every such document/proceedings in Urdu/Hindi shall be accompanied by its true translation into English:

Provided also that the Tribunal may, in its discretion, permit the use of local regional language in the proceedings but the final order shall be in English/Hindi.

Language of Tribunal

76. The official seal of the Tribunal shall be such as the Government may specify.

Seal of the Tribunal

77. In deciding any question relating to the procedure not specially provided by the Act or these rules, the Tribunal shall, as far as possible, be guided by the provisions contained in the Code of Civil Procedure, 1908 (Act no. 5 of 1908) and the General Rules (Civil).

Code of Civil Procedure and General Rules (Civil) to be generally followed 102 mŸkj izns'k vlk/kkj.k xtV] 25 uoEcj] 2024 358 RPH 2024 (alp. waqf folder ) Data 1e Annual report

78. (1) The Government shall, as soon as after 1st day of April in every year, cause the annual report of the concerned Board to be prepared in Form 36.

(2) The concerned Board shall submit its annual report detailing activities of the preceding financial year, to the Government by the end of July every year.

(3)The Government shall finalise the annual report of the concerned Board by the end of September and such report shall be laid before the House or both the Houses of State Legislature, as the case may be, in its next session.

Suits by or against the Shia Board/Sunni Board

79. (1) The concerned Board shall be competent to sanction,–

(a) filing of suit, writ, appeal or cases connected with a waqf matter/ property before the Tribunal/Court or any other authority;

(b) defending of suit, writ, appeal or cases connected with a waqf, matter/ property before the Tribunal/Court or any other authority.

(2) The concerned Board shall be competent to appoint a legal representative to file or defend a suit, writ, appeal or any other proceedings connected with a waqf matter/property before the Tribunal/Court or any other authority.

(3) The concerned Board or any other person, authorized by the concerned Board shall be competent to sign suit, writ, appeal, and affidavit or counter reply in the cases or proceedings connected with a waqf matter/property before the Tribunal/Court or any other authority.

(4) The concerned Board shall be competent to authorize any employee of the concerned Board to tender evidence or produce record on behalf of the concerned Board before the Tribunal/Court or any other authority.

By order, MONIKA S. GARG, Apar Mukhya Sachiv, Minority Welfare and Waqf Department.

mRrj çns'k vklk/kkj.k xtV] 25 uoEcj] 2024 103 358 RPH (Alpsankyak 2024 Folder) FORM 1 [See rule 4] REPORT OF SURVEY COMMISSIONER TO THE GOVERNMENT

1. The number of auqaf in the State, showing Shia auqaf and Sunni auqaf separately.

2. The nature and object of each waqf.

3. The gross income of the property from each waqf.

4. The amount of land revenue, cess, rates and taxes payable in respect of each waqf.

5. The expenses incurred in the realisation of income and the pay or other remuneration of the mutawalli, if any,of each waqf.

6. Particulars relating to each waqf to be given as under–

(a) name of the waqf;

(b) name of the waqif, if any;

(d) details of the Waqf Deed;

(e) name of the mutawalli and his pay or remuneration, if any;

(f) location and nature of immovable property showing the village or town where situated along with the municipal or survey number, area, description of the tenure and the estimated value thereof;

(g) description of movable property and value thereof, including investments and their particulars;

(h) site plan of the waqf property;

(i) encumbrances, if any, on the properties mentioned in clauses (f) to (h) above;

(j) manner of administration of waqf, whether under the scheme settled by a court of law or by a registered document or established custom or usage;

(k) whether the waqf is already under the general supervision of the Board;

(1) nature and value of grant received; and

(m) total cost of survey.

SIGNATURE OF SURVEY COMMISSIONER 104 mRrj çns'k vklk/kkj.k xtV] 25 uoEcj] 2024 358 RPH (Alpsankyak 2024 Folder) FORM 2 [See rule 6] PARTICULARS OF LIST OF AUQAF

1. Name of waqf with description of waqf property (e.g.land building, graveyard etc.).

2. Location of waqf property, stating khasra no., village in rural areas and mohalla, ward,road,and municipal number in case of urban property.

3. Nature and object of waqf.

4. Details of waqf properties, if immovable:

(a) area, showing built up area separately;

(b) boundaries; and

5. Nature and value of movable property.

6. Date or year of creation of waqf.

7. Details of Waqf Deed.

8. Gross receipts.

9. Grants received.

10. Gross income of property comprised in each waqf.

11. Amount of land revenue, cess,rates and taxes payable in respect of such property.

12. Expenses incurred in realisation of income.

13. Details of Administr

The Uttar Pradesh Waqf Rules, 2024

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