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DELHI WAKF RULES, 1963

DELHI WAKF RULES, 1963

DELHI WAKF RULES, 1963

DELHI WAKF RULES, 1963[1]

Rule - 1. Short title and commencement.

(i)       These Rules may called the Delhi Wakf Rules.

(ii)      They shall come into force at once.

Rule - 2. Definitions.

In these Rules, unless the context otherwise requires

(i)       "Act" means the Wakf Act, 1954;

(ii)      "Board" means the Delhi Wakf Board, established under sub-section (1) of section 9 of the Act;

(iii)     "Commissioner" means the Commissioner of the Wakfs appointed under section 4 of the Act;

(iv)    "Chairman" means the Chairman of the Board elected under sub-section (2) of section 10 of the Act;

(v)      "Form" means a form appended to these rules;

(vi)    "Secretary" means the Secretary of the Board appointed under section 21 of the Act;

(vii)   "Section" means the Section of the Act;

(viii)  All words and expressions used in these rules and not defined herein but defined in the Act, shall respectfully have the same meanings as assigned to them in the Act.

Section 4 (3) (f)

Rule - 3. Further particulars to be included in the report of the Commissioners of Waks.

The report to be submitted by the commissioner of Wakfs to the State Government under Section 4 (3) of the Act shall, in addition to the particulars mentioned therein, contain the following further particulars in respect of each wakf:

(i)       Name of the wakf.

(ii)      Name of the wakif or wakifs, if any.

(iii)     Date or year of the creation of the wakf.

(iv)    Details of wakf deed or deeds.

(v)      Name of mutawalli and his pay or remuneration, if any.

(vi)    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 on which held and the estimated value thereof.

(vii)   Description of movable property and value thereof including investments and their particulars.

(viii)  Encumbrances, if any, on the properties mentioned in (v) and (vi) above.

(ix)    How the wakf is administered at present, whether under a scheme settled by a court of law or by a registered document or established custom or usage.

(x)      Whether the wakf is already under the general supervision of the Board.

(xi)    Nature and value of grants received.

Sections 5 (2)-67(2) (a)

Rule - 4. Particulars to be included in list of wakfs to be published by the Board.

The list of wakfs published under sub-section (2) of Section 5 shall contain the following particulars, namely-

(i)       Name of wakf with a description of wakf property (e.g. building etc.)

(ii)      Location of wakf property stating village etc, in case of rural and Mohalla, Ward, road etc, in case of urban property.

(iii)     Details of wakf properties, if immovable

(a)      Area;

(b)      Boundaries; and

(c)      Value.

(iv)    Nature and value of movable property.

(v)      Date or year of creation of wakf.

(vi)    Details of wakf deeds.

(vii)   Gross receipts.

(viii)  Grants received.

(ix)    Nature and object of wakf.

(x)      Gross income of property comprised in each wakf.

(xi)    Amount of land revenue, cess, rates and taxed payable in respect of such property.

(xii)   Expenses incurred in realisation of the income.

(xiii)  How the wakf is administered.

(xiv)  Name of mutawalli.

(xv)   Pay or remuneration of mutawalli of each wakf.

(xvi)  Any other particulars the Board considers necessary or which the State-Government may by order prescribe.

Note-Separate list shall be prepared for Sunni and Shia wakfs.

Rule - 5. Recovery of cost of survey from mutawallis.

(1)     The Commissioner shall inform the Board of the amount payable by each mutawalli as a result of the assessment made by him under sub-section (1) of section 7, and the Board shall thereupon recover from each such mutawalli the amount so assessed by the Commissioner. The Board shall deposit the amounts so recovered in the Government Treasury under the appropriate head of account and send the receipted treasury challans to the State Government.

(2)     If any mutawalli fails to pay any amount demanded by the Board under sub-rule (1), the Board shall report the case to the State Government for issue of necessary certificate under sub-section (3) of section 7.

Sections 15 (2) (I) AND 67 (2) (b)

Rule - 6. Conditions and restrictions subject to which Board may transfer wakf property.

(1)     No exchange, sale or mortgage and no lease for a term exceeding three years of any immovable property belonging to any wakf shall be sanctioned by the Board unless it is necessary or beneficial to the wakf.

(2)     Any lease of immovable property for a term not exceeding three years which provided for renewal for a further term shall require the previous sanction of the Board.

(3)     An application for such sanction shall be submitted by a mutawalli to the Board and shall contain, the following particulars and such other particulars as the Board may consider necessary-

(a)      nature of the proposed transaction;

(b)      correct description of the properties relating to the transaction with information regarding the survey number, extent and boundaries and ward number and door number also in the case of properties within the limits of municipalities;

(c)      the revenue assessed on the properties relating to the proposed transaction by way of land revenue, cess, quit-rent, ground rent, property tax, and the like;

(d)      any encumbrances to which the properties relating to the proposed transaction are subject;

(e)      if the proposal is for mortgage, the amount for which the properties are proposed to be mortgaged;

(f)       if the proposal is for sale or lease; the probable price or the rental, as the case may be, for which the property is proposed to be sold or hired.

(g)      if the proposal is for exchange the details and value of the property to be exchanged with and reasons for exchange.

(4)     The Board shall, on receipt of an application as is referred to in sub-rule (3) above from the mutawalli or on its own initiative in the case of properties of any wakfs directly managed by it, publish in the Delhi Gazette a notice of the proposed transaction.

(5)     A notice published under sub-rule (4) shall contain sufficient details of the transaction and shall specify a reasonable time, not being less than thirty days from the date of publication of the notice, within which objections or suggestions may be sent. A copy of the notice shall be affixed on the notice board of the office of the Board and at a conspicuous place where the property is situated. Such publication shall be deemed to be sufficient intimation to the persons having interest in the property forming the subject matter of the proposed transaction.

(6)     All objections or suggestions received in respect of the proposed transaction shall be duly considered by the Board before passing order thereon, if necessary, after holding an inquiry, in which case, a reasonable notice of not less than seven full days, shall be given to the parties concerned. A copy of the order sanctioning an exchange, sale or mortgage or leases for a term exceeding three years shall, in addition to being communicated to the mutawalli and persons having interest, if any, who appeared in the proceedings, be published in the manner laid down in sub-rule (4).

Section 10 (2)

Rule - 7. Election of Chairman.

After the appointment of members of a newly constituted Board is notified under section 11, the State Government shall, as soon as may be fix, by giving to the members not less than ten clear days notice, a date for the first meeting of the Board. The Notice shall state the time and place of the meeting as well as the fact that at such meeting the Chairman should be elected. The meeting shall be presided over by a member chosen by the members from amongst themselves. The selection of the Chairman shall be recorded as part of the proceedings in the minutes of the meeting.

Sections 15 and 67 (2) (c)

Rule - 8. Regulations of the functions of the Board.

(1)     The person competent to sign all communications and execute leases of immovable properties on behalf of the Board shall be the Secretary or any office specially authorised by the Board in that behalf.

(2)     All documents evidencing sale or permanent transfers of any of the properties vested in the Board shall be signed by the Chairman and two other members of the Board and shall bear the seal of the Board.

(3)     Where the Board proposes to enter into any contract for the supply of material or for the execution of any work, the estimated cost of which is Rs. 2,000, or more, the Board shall invite tenders therefor by advertising them in at least two of the newspapers having sufficient circulation in the Union Territory of Delhi. Every such advertisement shall specify the period within which the tenders shall be sent to the Board.

(4)     On the expiry of the period specified in the advertisement, the Board shall scrutinize all the tenders received in time and shall, save for special reasons to be recorded in writing, accept the lowest of the tenders received.

Sections 21 and 67 (2) (d)

Rule - 9. Terms and conditions of service of the Secretary of the Board.

(1)     The Secretary to the Board to be appointed under section 21 shall be a citizen of India.

(2)     appointment to the post of Secretary may be made either by nomination of a Government servant by the State Government in consultation with the State Wakf Board or by open recruitment after advertisement in one or more leading newspapers of Delhi.

(3)     To be eligible for appointment to the post of Secretary, a candidate-

(i)       must be a Muslim conversant with Administration, Finance or Law;

(ii)      must hold a Bachelor's degree preferably in Arts, Commerce or Law of any recognised Indian University or hold any diploma or degree of any foreign University, which in the opinion of the State Government is equivalent to, or higher than, the aforesaid bachelor's degree;

(iii)     must not be less than 21 years of age and not more than 62 years of age; and

[2][(iv) where the Lieutenant Governor is of the opinion that it is necessary or expethent so to do, he may, for reasons to be recorded in writing, by order relax any of the aforesaid condition.]

(4)     (a) The scale of pay of the post of Secretary and the other allowances admissible shall be fixed by the Board in consultation with the State Government.

(b) If the person appointed as Secretary is an officer in Government service he shall be entitled to draw the same pay as he would have drawn in Government service had he not been appointed as Secretary, plus a deputation allowance of 20% of his pay. The period of deputation shall ordinarily by 3 years subject to extension by the State Government in consultation with the Board for a period not exceeding one year at a time.

(c) If the person appointed as Secretary 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 of any gratuity drawn by him) shall not exceed the pay at the time of retirement. The rules relating to Government servants lent on foreign service shall mutatis mutandis apply to such officers.

(5)     Where the Secretary is appointed by open recruitment:

(a)      He shall before entering upon his office be required to produce a certificate of physical fitness from the Civil Surgeon of the district, in which he ordinarily resides.

(b)      He shall be on probation for a period of one year from the date of his appointment and he may be confirmed on the recommendation of the Board.

(6)     The Central Government's travelling allowance rules for the time being in force shall apply to the Secretary.

(7)     Periodical increments in the time scale of pay to the Secretary shall be sanctioned by the Board.

(8)     Leave rules applicable to the Central Government servants and the rules relating to casual leave applicable to the Board servants shall apply to Secretary. Casual leave shall be sanctioned by the Chairman of the Board and leave other than casual leave by the State Government.

(9)     The date of retirement by superannuation of the holder of the post of Secretary shall be the date on which he completes the age of 62. Provided that the Board may permit him to resign his post before he attains the age of 62 years if 3 clear calendar month's notice is given in advance to the Board and to the State Government.

(10)   If the Secretary is an officer appointed from the staff of the Board he shall have the benefit of the provident Fund of the Board.

(11)   The following penalties may, for good and sufficient reasons, be imposed on the secretary by the Board or the State Government, as the case may be namely-fly the Board

(i)       Censure.

(ii)      Withholding or stoppage of increment.

By the State Government

(iii)     Recovery from pay of the whole or part of any pecuniary loss caused to the Board or to any wakf by negligence or breach of orders.

(iv)    Reduction to lower stage in the time-scale of pay.

(v)      Compulsory retirement.

(vi)    Removal from service of the Board which shall not be a disqualification for future employment.

(vii)   Dismissal from service which shall ordinarily be a disqualification for future employment. In the case of penalties (i) and (ii) an appeal shall lie, within 60 days of the receipt of the order of punishment, to the State Government against the orders of the Board and in respect of other penalties, an appeal shall lie within 60 days to the Central Government against the orders of the State Government. Before awarding any of penalties mentioned above, the procedure prescribed in the Central Civil Services (Classification, Control and Appeal) Rules shall be followed.

(12)   Service records and Personal files in the form prescribed for Government Servants shall be maintained for the Secretary by the Chairman.

Section 22

Rule - 10. Delegation of powers by the Board.

Any order under section 22 delegating powers and duties of the Board to the Chairman or any other Member or to the Secretary or any other officer or servant of the Board shall be published in the Delhi Gazette and a copy of the same shall also be affixed on the notice board of the office of the Board.

Section 26 and 67 (2) (g)

Rule - 11. Form of Register of wakfs and further particulars it should contain.

The Register of wakf to be maintained under section 26 shall, in addition to the particulars mentioned in clause (a) to (e) of section 26, contain the following additional particulars and shall be in Form I.

(1)     Registration number and date of registration.

(2)     Details and location of wakf.

(3)     Particulars of wafk properties.

(a)      immovable properties-

(i)       Location.

(ii)      Area.

(iii)     Value.

(iv)    Other particulars including details of superstructures, if any.

(b)      Movable properties-

(i)       Description of properties i.e., whether Government securities, bond etc.

(ii)      Face Value.

(iii)     Other details.

(4)     Particulars of annuity and grants received from Government or other sources.

(5)     Estimated income expenditure.

(6)     Remarks, if any.

Section 29

Rule - 12. Particulars regarding transfer etc., of wakf property.

Where any sale or permanent transfer of any immovable property of a wakf is or any acquisition of immovable property of wakf notified to the Board by a mutawalli under sub-section (2) of section 29, the particulars thereof shall be recorded in a register to be maintained as follows-

(i)       Date of receipt of intimation.

(ii)      Name of the person giving the intimation.

(iii)     Wakf of which the property has been sold or transferred.

(iv)    Date of transaction.

(v)      Nature of transaction.

(vi)    Description of properties affected.

(vii)   Date of taking note of the transaction in the list of immovable properties of wakfs.

(viii)  Initials of the secretary and date.

(ix)    Remarks.

Section 67 (2) (m)

Rule - 13. Procedure to be followed in recovery of any sum due under the Act.

In recovering any sum recoverable under this Act as an arrear of land revenue, the procedure prescribed in the revenue law for the time in force in Delhi shall be followed,

Sections 45 (1) and 67 (2) (c), Sections 27 and 67 (2) (f)

Rule - 14. Manner of enquiry to be held by Board under the Act.

(1)     Notice of an enquiry under the Act shall, at least ten days before the date fixed for the enquiry, by the Board by sent by registered post, acknowledgement due, to the parties to the enquiry and to the Mutawalli of the wakf specifying the date, hour and place fixed for holding the enquiry and requiring them to be present at the time of enquiry.

(2)     A copy of the notice shall be published by affixure on the notice board of the office of the Board and in any other conspicuous place in the locality in which the wakf property is situate. Such publication shall be deemed to be sufficient intimation to person having any interest in the wakf property, of the notice sent by registered and received back undelivered to the parties and mutawalli concerned.

(3)     All persons who appear in response to the notices issued, shall, within the time fixed in the notice or within such further time as may be granted, file written statements containing their objections or suggestions. The Board may, however, permit any person, who has not filed a written statement, to make representations as the time of enquiry.

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

(5)     The Enquiry Officer shall record the oral evidence of witnesses in his own handwriting:

Provided that, where the enquiry officer is, for any reasons, unable to record the evidence himself, he may direct any servant of the Board to record it in his presence and under his personal supervision.

(6)     The Enquiry officer shall, as far as may be, follow the procedure laid down in the code of civil procedure 1908 for the appearance of pleaders, filing of affidavits, production of documents, examination of witnesses, recording of oral evidence, proof of affidavits, issue of Commissions and return of documents.

(7)     The Enquiry officer shall pronounce his decision within 15 days from the date on which an enquiry is concluded. Before pronouncing his decision the Enquiry officer shall give notice thereof to every person to whom a notice was issued under sub-rule (1), specifying the date, time and place at Which the decision will be pronounced.

(8)     The decision shall be in writing and shall mention the grounds on which it is based.

Explanation-The expression "enquiry officer" occurring in this Rule also included a committee appointed by the Board from amongst its members for the purposes of inquiry.

Sections 46 (2) and 67(1)

Rule - 15. Circumstances and conditions subject to which Board may reduce or remit contributions.

(1)     No contribution payable by a mutawalli under section 46 shall be remitted or reduced except with the previous sanction of the Board.

(2)     The Board may sanction remission or reduction of the contribution in the following circumstances:

(i)       Loss of money, stores, and articles not due to the negligence of the Mutawalli or other servants of the wakf;

(ii)      Loss of income due to failure of crops on account of drought or other unforeseen cause, like floods;

(iii)     Paucity of funds due to the mismanagement of the previous Mutawalli or Mutawallis;

(iv)    Paucity of funds due to non-recovery of loans, advances and debt;

(v)      Where the wakf supports an orphanage whose resources are insufficient for its due management; and

(vi)    Other unforeseen causes.

(3)     Before a reduction or remission or 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.

(4)     No remission or reduction shall ordinarily be sanctioned in cases where arrears of contribution are due from the Mutawallis of the wakfs concerned.

(5)     The reduction or remission sanctioned by the Board shall be operative only for the years for which it is sanctioned. Where its continuance is subsequent year is found necessary, the Board shall give fresh sanctions in that behalf.

Sections 47 and 67 (2) (k)

Rule - 16. Circumstancesunder which and terms and conditions on which Board may Borrow.

(1)     The Board shall, when applying to the Government for sanction to raise loans to meet its legitimate expenditure, furnish among other particulars, information on the following

(a)      the need for raising the loan;

(b)      the items of expenditure on which the loan is to be utilized;

(c)      the amount of loan required;

(d)      the source from which the loan is proposed to be raised;

(e)      the rate of interest to be paid for the loan;

(f)       the period of repayment of loan and the number of instalments if any, in which it is to be repaid;

(g)      whether it is proposed to mortgage any property, as security for the loan and, if so, details regarding the situation, nature and value etc., of the property; and

(h)     the terms and conditions applicable to the transaction.

(2)     If the State Government are satisfied that the circumstances warrant the Board to raise the loan and that the terms and conditions are acceptable, they may sanction the loan subject to such changes, as. the Government considers desirable.

Sections 48 (2) and 67 (2). (j)

Rule - 17. Payment of moneys into wakf fund and investment etc, of such moneys.

(1)     The Board shall authorise one of its officers (hereinafter referred to as "the authorised officer") to receive all payments to the wakf fund and to pass receipts for the same on behalf of the Board and to make payments on behalf of the Board.

(2)     The authorised officer shall be required to furnish to the Board, securities or sureties for such amounts as the Board may specify in that behalf. Solvency of sureties shall be got verified by the Revenue Officers at the beginning of each year.

(3)     The authorised officer shall grant receipts for all moneys received by him to the credit of the wakf fund. A counterfoil receipt bearing printed receipt numbers shall be maintained for the purpose.

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

(i)       a scheduled bank as defined in the Reserve Bank of India Act, 1934, or

(ii)      a Post Office Saving Bank.

(5)     All such deposits shall be made in the name of the Board. The Chairman of the Board or any other person appointed by him in this behalf shall have powers to withdraw such deposit or any part thereof and operate on the bank accounts subject to such conditions as the 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 Board.

(7)     The authorised officer may be authorised to hold a recupable permanent advance not exceeding Rs. 200 for meeting petty expenditure.

(8)     The appropriation of receipts to expenditure shall, as a rule, be avoided.

(9)     Payments from the wakf fund shall be made by cash or cheque. Cheques shall not be issued for sums less than Rs. 10/-.

(10)   Moneys indisputably payable shall never be left unpaid and money paid shall under no circumstances, be kept out of the account a day longer than absolutely necessary.

(11)   Any person having a claim against the Board present a voucher duly verified and stamped. All vouchers shall be filled and signed in ink. The amount shall be written in figures as well as in words. All corrections and alterations the vouchers shall be attested by the dated initials of the persons signing the receipt.

(12)   Receipts for all sums exceeding Rs. 20/- either by cash or cheque shall bear the revenue stamp of the requisite value.

(13)   An Officer authorised to handle the moneys of the Wakf Fund shall be responsible for their custody and also for re-imbursing to the Board, in cash, any loss by theft, fraud, fire, or any other cause:

Provided that, if in any case, after such inquiry as the Board may make, the 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.

(14)   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 Central Government.

(iii)     Debentures or other securities for money issued by or on behalf of any municipal body under the authority of any Act of a Legislature established in India. Or

(b)      in fixed deposits or periods not exceeding three years in

(i)       a scheduled bank as defined in the Reserve Bank of India Act, 1934; or

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

(15)   The investment under sub-rule (14) shall not be pledged, encashed or withdrawn without the prior sanction of the State Government.

Sections 49 and 67 (2) (h)

Rule - 18. Form of Budget of the Board and time within which it should be prepared and submitted.

The Board shall submit to the Government not later than the 15th December every year, a budget in forms II to IV for the ensuing financial year, showing its probable receipts and expenditure. The budget shall include provision, adequate in the opinion of the State Government, or the due discharge of all liabilities in respect of loans contracted by the Board and for the maintenance of a working balance.

Sections 50 and 67 (2) (i)

Rule - 19. Books to be maintained by the Board and the manner in which accounts of Board are to be kept.

(1)     The following registers shall be maintained in the Board's office in connection with the Wakf Fund-

(i)       A pay Book.

(ii)      Ledger Accounts.

(iii)     Cash Book.

(iv)    Register of deposits and advances.

(v)      A demand, collection and balance register to watch the realisation of contributions for wakfs.

(vi)    Register showing the recoveries to be made from a wakf under section 35 of the Act.

(vii)   Register showing the recoveries to be made from a wakf under section 38 of the Act.

(viii)  Register showing the recoveries to be made from a wakf under section 46 (4) of the Act.

(ix)    Register showing the recoveries to be made from a wakf under section 53 of the Act.

(x)      Register of demand and collections of rent or land revenue in respect of land and properties of the Board.

(xi)    The miscellaneous receipt register with receipt book and counter foils.

(xii)   Register of contingent charges.

(xiii)  Stamp register.

(xiv)  Register of securities, stock and debentures.

(xv)   The establishment and audit register.

(xvi)  Stock books showing receipts, issue and balance relating to-

(a)      Stationary and printed forms;

(b)      furniture; and

(c)      cycles, typewriters, tools and plant and other stores.

(xvii) Permanent advance accounts.

(xviii)   Register of immovable properties.

(xix)  Register of dead stock articles.

(2)     In maintaining its accounts, the Board shall observe the following rules, namely-

(a)      The accounts shall be maintained separately for each financial year.

(b)      All books of accounts and registers shall be strongly bound.

(c)      The pages of all account books shall be serially numbered and each page shall be stamped with the Board's seal. The pages of receipt books shall, before issue, be likewise stamped and the Secretary shall record on each book, before issue a certificate of the number of pages it contains.

(d)      Every correction or alteration in accounts shall be made neatly in red ink (a single line being drawn through the original entry to be corrected) and attested by the initials of the head of the accounts section. All corrections and alterations in books and vouchers shall likewise be attested by the officer drawing the bill or the person prefering the claim. Erasures shall be absolutely forbidden and no document with an erasure, unless duly attested, shall be accepted.

(e)      All sums received in the office of the Board or paid into any Bank to the credit of the Board shall be taken into account under the appropriate head and the entries shall be initialled by the Accountant and the Secretary of the Board.

(3)     In the preparation and control of pay bills, travelling allowance bills and contingent bills, the rules, contained in the Civil Account Code and in the compilation of Central Treasury Rules shall apply.

(4)     Postage stamps shall be purchased and issued for use in the Board's office. The charges for postage stamps shall be drawn on separate contingent bills.

(5)     The expenditure shall be classified under the following major and minor heads

Major

Minor

(1)

(2)

(a) Allowances and fees to the Chairman and Members.

(i) Allowance or fees to the Chairman or members of the Board or committees.

(b) Pay of establishment.

(i) Pay of Secretary.

 

(ii) Pay of establishment in the Board's Office.

(c) Allowances.

(i) Travelling allowance.

 

(ii) Other allowances.

(d) Contingencies.

(i) Rents, rates and taxes.

 

(ii) Postage and telegrams.

 

(iii) Stationary.

 

(iv) Books and periodicals.

 

(v) Electric and lighting charges.

 

(vi) Telephone charges.

 

(vii) Printing charges.

 

(viii) Furniture.

 

(ix) Miscellaneous.

 

(i) Lawyers fees.

(e) Law charges.

(ii) Stamp charges.

 

(iii) Court fees.

(f) Loans and advances.

(i) Repayment of loans.

 

(ii) Interest on loans.

 

(iii) Loans and advances.

(g) Other charges.

(i) Grants and Scholarships.

 

(ii) Capital expenditure on lands and buildings.

 

(iii) Maintenance and repairs.

 

(iv) Purchase of securities, debentures, Stocks of other valuables.

Reappropriation or transfer of funds from the allotment under one minor head of expenditure to another under the same major head may be made by the Chairman. No reappropriation from one major head to another shall be made without the sanction of the Board.

Sections 51 and 67 (2) (i)

Rule - 20. Manner in which accounts of Board are to be audited and the contents of the auditor's report.

In auditing the accounts of the Wakf Fund, the auditor shall verify the cash balance and state in the report whether the cash was readily forthcoming for verification.

The auditor shall, in the course of the audit, verify the debentures, share certificates, Government bonds and other securities and the bank pass books and report whether they were found correct.

The auditor shall report, among other points arising in audit-

(a)      whether the accounts and registers required to be maintained are kept properly;

(b)      whether the contributions and other receipts due to the Board have been realised at the proper time and whether due steps have been taken to recover the sums over-due and if not, in which cases such action has not been taken;

(c)      whether all collections have been brought to account promptly;

(d)      whether any contribution has been remitted or reduced and if so, whether it was done under proper authority;

(e)      whether the expenditure incurred is in accordance with the sanctioned budget and if there are deviations from such budget, what the deviations are;

(f)       whether every item of expenditure has been sanctioned by the competent authority and is supported by a proper voucher.

(g)      whether there is any item of expenditure which in the opinion of the auditor, is prima facie extravagant; and

(h)     whether the moneys not required for immediate expenditure have all been deposited in banks and surplus funds have been properly invested.

The auditor shall report any material impropriety or irregularity he may observe in the expenditure, in the collection of contributions due to the Board or in the accounts, and also all cases of loss or waste of money together with the names of persons directly or indirectly responsible for the loss of waste.

The auditor shall append to his report.

(1)     (a) a statement of receipts and charges under the budget heads;

(b) a statement of income and expenditure;

(c) a consolidated statement of assets and liabilities;

(d) a statement of debentures, shares certificate, Government bonds and other securities; and

(e) a consolidated statement of demand, collections and balance of all items of revenue including contributions, decretal amounts etc., both arrears and current, outstanding, whether in cash or in kind.

(2)     The auditor shall prepare on abstract of the audited accounts (receipts, charges and balance sheet) and submit two copies therof along with the audit report.

Rule - 21.

All the things done or actions taken by the Board before the commencement of the Rules shall be deemed ed to be things done or actions taken under these Rules.



[1] Made by the Chief Commissioner, Delhi vide Notification No. F. 22(9)/63- Judl. Dated 23-9-1963 in exercise of Powers Conferred by Section 67 of Wakf Act, 1954.

[2] Added by Delhi Wakf (Amendment) Rules, 1969.