32Powers and functions of the Board

(1) Subject to any rules that may be made under this Act, the general superintendence of all ¹[auqaf] in a State shall vest in the Board established or the State; and it shall be the duty of the Board so to exercise its powers under this Act as to ensure that the ¹[auqaf] under its superintendence are properly maintained, controlled and administered and the income thereof is duly applied to the objects and for the purposes for which such ¹[auqaf] were created or intended:

Provided that in exercising its powers under this Act in respect of any ²[waqf], the Board shall act in conformity with the directions of the ³[waqif], the purposes of the ²[waqf] and any usage or custom of the ²[waqf] sanctioned by the school of Muslim law to which the²[waqf] belongs.

Explanation.--For the removal of doubts, it is hereby declared that in this sub-section, "²[waqf]" includes a ²[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 every²[waqf];

(b) to ensure that the income and other property of⁴[auqaf] are applied to the objects and for the purposes for which such ⁴[auqaf] were intended or created;

(c) to give directions for the administration of ⁴[auqaf];

(d) to settle schemes of management for a ²[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 ²[waqf] consistent with the objects of²[waqf];

(ii) in what manner the income of a ²[waqf], the objects of which are not evident from any written instrument, shall be utilised;

(iii) in any case where any object of²[waqf] has ceased to exist or has become incapable of achievement, that so much of the income of the ²[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 ²[waqf], by the Sunni members of the Board only; and

(ii) in the case of a Shia ²[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 ⁴[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 ²[waqf];

(i) to institute and defend suits and proceedings relating to⁴[auqaf];

⁵[(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:

Provided further that where no such sanction is given by the Board, the reasons for doing so shall be recorded in writing.]

(k) to administer the ⁶[Waqf] Fund;

(l) to call for such returns, statistics, accounts and other information from the mutawallis with respect to the ⁶[waqf] property as the Board may, from time to time, require;

(m) to inspect, or cause inspection of,⁶[waqf] properties, accounts, records or deeds and documents relating thereto;

(n) to investigate and determine the nature and extent of ⁶[waqf] and ⁶[waqf] property, and to cause, whenever necessary, a survey of such ⁶[waqf] property;

⁷[(na) to determine or cause to be determined, in such manner as may be specified by the Board, market rent of the waqf land or building;]

(o) generally do all such acts as may be necessary for the control, maintenance and administration of ⁸[auqaf].

(3) Where the Board has settled any scheme of management under clause (d) or given any direction under clause (e) of sub-section (2), any person interested in the ⁶[waqf] or affected by such settlement or direction may institute a suit in a Tribunal for setting aside such settlement or directions and the decision of the Tribunal thereon shall be final.

(4) Where the Board is satisfied that any ⁶[waqf] land, which is a ⁶[waqf] property, ⁹[has the potential for development as an educational institution, shopping centre, market, housing or residential flats and the like], market, housing flats and the like, it may serve upon the mutawalli of the concerned ⁶[waqf] a notice requiring him within such time, but not less than sixty days, as may be specified in the notice, to convey its decision whether he is willing to execute the development works specified in the notice.

(5) On consideration of the reply, if any, received to the notice issued under sub-section (4), the Board, if it is satisfied that the mutawalli is not willing or is not capable of executing the works required to be executed in terms of the notice, it may, ¹⁰*** take over the property, clear it of any building or structure thereon, which, in the opinion of the Board is necessary for execution of the works and execute such works from ⁶[waqf] funds or from the finances which may be raised on the security of the properties of the ⁶[waqf] concerned, and control and manage the properties till such time as all expenses incurred by the Board under this section, together with interest thereon, the expenditure on maintenance of such works and other legitimate charges incurred on the property are recovered from the income derived from the property:

Provided that the Board shall compensate annually the mutawalli of the concerned ⁶[waqf] to the extent of the average annual net income derived from the property during the three years immediately preceding the taking over of the property by the Board.

(6) After all the expenses as enumerated in sub-section (5) have been recouped from the income of the developed properties, the developed properties shall be handed over to mutawalli of the concerned ⁷[waqf].