. (1} In these rules. unless the context otherwise requires, --
(a) "Act" means The Waqf Act> 1995 (As Amended 2013 );
(b) "authorised representative" means a person duly authorised 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 ofa "Vakalatnama9';
(c) "ballot box" includes any box, bag or other container used for the insertion of ballot papers by voters;
(d) "Chairperson" means the Chairperson of the State of Uttarakhand Waqf Board, elected under sub-section (8) of section 14 of the Act;
(e) "count" means an the operations involved in the counting of the votes recorded for candidates;
(f) "eleetor" in relation to election to any category of member of the Board means any person whose name is specified in the electoral roll of that category. unless disqualified by the Returning Officer;
(g) "electoral roU,. means the list of electors obtained under rule 9;
(h) "encroachment" in relation to any waqfpremises means occupation by any person of the waqfpremises without autbority for such occupation, and includes the continuance in occupation by any person of the waqfpremises after the lease or transfer authorising such occupation has expired or has been tenninated for any reason whatsoever;
(i) "Form?' means a form appended to these rules;
(j) "Governmen.t" means Chief Secretary /Lieutenant Governor/Administrator ,as the case may be,of the State/Union Terri?ocy;
(k) "legal practitioner" shall have the same meaning as is assigned to it in the Advocates Act,1961 {25 of 1961);
(I) "managing committee" means the Committees of Board established under section 18 of the Act;
(m) "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 thereof; and
(iii) dargah, grave, graveyard, khsnqah, peerkhana, karbala, maqbara, mosque, tomb and the courtyard appertaining thereto;
(n) "Registrar" means tb.e Registrar of the Tribunal and includes Assistant Registrar or any other person to whom the Registrar may. with the approval of the Tribunal, delegate any function to be exercised by the Registrar;
(o) "Returning Officer" means an officer authorised or appointed by Election Authority to do any act or to perform any function in connection with the conduct of election under these rules;
(p) "secdon" means the section of the Act;
(q) "Tribunal" means the Tribunal constituted under sub--section (1) of section 83of the Act;
(r) "w?qfpremues" 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 Official Gazette; or
(iii) premises registered as waqf in the Register of auqaf maintained by the Board; or
(iv) property treated as waqf by user;
(s) "waqf property" means any movable or immovable property referred to in clause (r)of section 3 of the Act and includespremises thereof.
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(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 3 .. Qualifications ofmutawalli.-
(1) The mutawalli shall be a citizen of India.
(2) Qualifications of a mutawalli of a waqf shall be such as may be specified by a waqif in the waqfdeed.
(3) Where no qualifications are specified by the waqif, a mutawalli shall have-
(a) knowledgeofEngli? Urdu, Hindi or the regional language of the place where.the waqf property is situated;
(b) knowledgeofwaqf law;
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(c) working knowledge of Sharia; and
(d) perfect physical and mental health :
Provided that where tto qualifications are specified by a waqif under sub-rule (2) or no person having the qualification specified under this sub-rule is available, the Board may appoint any hereditary mutawalli or a qualified graduate from any recognised college or university as the mutawalli for the concerned waqf.
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