Amendment status not verified — confirm the current text below against the official source.
Subs. by s. 4, ibid., for “wakfs” (w.e.f. 1-11-2013). 18 Provided that in exercising its powers under this Act in respect of any 1[waqf], the Board shall act in conformity with the directions of the 2[waqif], the purposes of the 1[waqf] and any usage or custom of the 1[waqf] sanctioned by the school of Muslim law to which the 1[waqf] belongs. Explanation.—For the removal of doubts, it is hereby declared that in this sub-section, “1[waqf]” includes a 1[waqf] in relation to which any scheme has been made by any court of law, whether before or after the commencement of this Act. (2) Without prejudice to the generality of the foregoing power, the functions of the Board shall be— (a) to maintain a record containing information relating to the origin, income, object and beneficiaries of every 1[waqf]; (b) to ensure that the income and other property of 3[auqaf] are applied to the objects and for the purposes for which such 3[auqaf] were intended or created; (c) to give directions for the administration of 3[auqaf]; (d) to settle schemes of management for a 1[waqf]: Provided that no such settlement shall be made without giving the parties affected an opportunity of being heard; (e) to direct— (i) the utilisation of the surplus income of a 1[waqf] consistent with the objects of 1[waqf]; (ii) in what manner the income of a 1[waqf], the objects of which are not evident from any written instrument, shall be utilised; (iii) in any case where any object of 1[waqf] has ceased to exist or has become incapable of achievement, that so much of the income of the 1[waqf] as was previously applied to that object shall be applied to any other object, which shall be similar, or nearly similar or to the original object or for the benefit of the poor or for the purpose of promotion of knowledge and learning in the Muslim community: Provided that no direction shall be given under this clause without giving the parties affected, an opportunity of being heard. Explanation.—For the purposes of this clause, the powers of the Board shall be exercised— (i) in the case of a Sunni 1[waqf], by the Sunni members of the Board only; and (ii) in the case of a Shia 1[waqf], by the Shia members of the Board only: Provided that where having regard to the number of the Sunni or Shia members in the board and other circumstances, it appears to the Board that the power should not be exercised by such members only, it may co-opt such other Muslims being Sunnis or Shias, as the case may be, as it thinks fit, to be temporary members of the Board for exercising its powers under this clause; (f) to scrutinise and approve the budgets submitted by mutawallis and to arrange for auditing of account of 3[auqaf]; (g) to appoint and remove mutawallis in accordance with the provisions of this Act; (h) to take measures for the recovery of lost properties of any 1[waqf]; (i) to institute and defend suits and proceedings relating to 3[auqaf]; 4[(j) to sanction lease of any immovable property of a waqf in accordance with the provisions of this Act and the rules made thereunder: Provided that no such sanction shall be given unless a majority of not less than two-thirds of the members of the Board present cast their vote in favour of such transaction: