SCHEME OF ADMINISTRATION OF HUSSAINABAD AND ALLIED TRUSTS

PREAMBLE

In the writ petition 3626(M/B)/2006 Avadh Ex-Royal Family Association v. U.P. State & Others and Writ Petition No. 3687/2006 Prince Mirza v. U.P. State & Others Honorable High Court, Lucknow Bench, Lucknow has passed an order dated 22-2-2012 for the management of Hussainabad and Allied Trusts etc. In the compliance of the above court order, the Governor of Uttar Pradesh is pleased to make in to the force of the following new scheme of management for Hussainabad and Allied Trusts

Part 1

Scheme - 1. Committee of Management.

There shall be a managing committee for administration and management of Hussainabad Trust and other Auquaf and trusts namely Shahnajaf king's side and queen's side, Wakf Agha Abu Saheb, Wakf Roza Kazmain and Wakf Nawab Wazir Begum attached with it from time to time and all those other properties including Maqbara Saadat Ali Khan, Mushir Zadi Ka Maqbara, Shahi Masjid Hazaratganj, Jama Masjid, Imambada, Malka Jahan etc. which were managed by trustees of Hussainabad and allied trusts prior to commencement of Wakf Act, 1995.

Scheme - 2. Constitution of Managing Committee.

Managing Committee shall consist of the following

(1)     District Magistrate Lucknow shall be ex-officio Chairman of the committee.

(2)     Additional District Magistrate (City), Lucknow shall be ex-officio member of the committee.

(3)     One muslim officer of Deputy Secretary rank shall be nominated by State Government, if Shia Muslim is not available or not willing to joint this post.

(4)     One muslim member nominated by State Legislature will be nominated.

(5)     One Advocate registered in U.P. Bar Council for a period of 15 years or more shall be nominated as a member.

(6)     Two members shall be nominated from the Trustees, who has achieved age of 21 years or above on the date of election and who resides in Lucknow.

(7)     Two members of Royal Family shall be proposed for nomination.

(8)     One member who shall be elected amongst Principals of such Madarsas who are not under Hussainabad and Allied Trusts.

(9)     One member shall be elected by the Board of Trustees of Shia College, Lucknow.

(10)   Audit of Trust account is being proposed for Hussainabad and Allied Trust:

Provided that if anybody mentioned in Clause 2(3) and 2(4), 2(5), 2(6), 2(7), 2(8) and 2(9) are not elected within fixed period of notified period, State Government may fill that vacancy by nominating persons of same category.

Scheme - 3. Effect of Constitution of Committee.

After the constitution of managing committee under this scheme the administration and management of all properties mentioned in clause (1) shall vest in the committee which shall be responsible for proper conducting of works related with it.

Scheme - 4. Ineligibilities for being elected or becoming as a member.

A person shall be ineligible for being appointed/elected or becoming a member of the committee, if,

(a)      He is not a Muslim.

(b)      He has not attained the age of 21 years.

(c)      He is of unsound mind.

(d)      He is undischarged insolvent.

(e)      He has been convicted for an offence of moral turpitude.

(f)       He has been terminated from the post of membership of this trust or from the post of elected/nominated membership of any other institution or organisation established by law or has been terminated from the post of confidence by the order of any competent court on account of any mismanagement or corruption.

(g)      No person shall be eligible for being member under Clause 2(5), 2(6) and 2(8) if he is a lease holder, tenant or illegal resident of any property of the trust or is beneficiary in any other manner.

Scheme - 5. Resignation of Members.

Any member of the Managing Committee may resign in writing through the president or directly to the State Government and after the acceptance of the resignation by the State Government it shall be deemed that the member has vacated his post.

Scheme - 6. Removal of Members.

The State Government may remove any member of the committee except the ex-officio members, if the member,

(1)     Has involved from any ineligibilities mentioned in Clause 4 or has become ineligible.

(2)     Refuses to act or is unable to act or acts in such manner which the State Government thinks against the interest of the Trust.

(3)     Does not attend 3 consecutive meetings of the committee without giving sufficient reason thereof.

Scheme - 7. Super session of the Managing Committee.

(1)     Whenever the State Government deems it necessary to do so in the interest of the Trust or in public interest, it can supersede the Committee by a written order on the grounds of complete mismanagement and or misuse of authority and/or dereliction of government order. If it is necessary, the decision of supersession taken by the State Government shall be taken after consideration of explanation, which was asked from it, given by the committee within stipulated time given by the government itself.

(2)     As a result of supersession of the Committee in accordance with the provisions of Clause 7(1), the Commissioner of Lucknow Division shall become the Administrator of the Hussainabad and Allied Trusts with effect from the date of supersession.

(3)     After the order passed for supersession of the committee under sub-clause (1),

(a)      All the members of the committee shall vacate their posts from the date of supersession.

(b)      All the powers exercised by and all the duties performed by the committee under the Scheme of Management shall be exercised by and performed by the Administrator during the period of supersession and the Administrator shall be deemed as the committee for all purposes.

(4)     The period of supersession under the provisions of sub-clause (1), shall be six months for the first instance and may be extended for a further period of six months in special circumstances.

(5)     A new committee shall be constituted under the provisions of the Scheme of Management before the expiry of period of supersession when the committee was superceded under the provisions of Clause 7(1).

(6)     As soon as the constitution of new committee is completed, the State Government shall order the transfer of the administration of Trust to this committee. Thereafter the Administrator shall cease to perform the duties of committee with effect from the date of the order.

Scheme - 8. Term of the members of the committee.

(1)     Term of all the members of the committee shall be three years and it shall be counted from the date of the first meeting of the committee.

(2)     If before the expiry of term of any member, his place falls vacant by any reason, a new member shall be elected or nominated by the State Government, as the case may be, and such member shall hold office till the period of that member, whose place member is filling would have been entitled in case such vacancy would not have occurred.

(3)     No person shall be member for more than two consecutive terms.

Scheme - 9. Effect of Election of Managing Committee not being held in time.

Generally it shall be the liability of the President that he shall conduct the election of the members of the committee before the expiry of the period of Managing Committee but if it does not held, all the powers of the Managing Committee shall vest in the President but in no case this period shall extend for six months. The State Government shall also nominate the members within said period. The Board of Trustees of Shia College, Lucknow shall also comply the stipulated time likewise.

Scheme - 10. Meetings of the Managing Committee.

(1)     Members may nominate any member from amongst themselves for presiding any special meeting with the prior approval of the President in the absence.

(2)     The committee shall conduct its meeting at least once in three months. In special circumstances meeting of the committee may be conducted at any time.

Scheme - 11. Coram of the meeting etc.

At least half of the total members of the committee shall form a coram. The decision of the committee shall be taken by the majority of the members present and voting. The president shall have the right to give a casting vote in case of equal votes:

Provided that if the President is of the opinion that any proposal passed by the committee or any proceeding proposed by the committee shall be against the interest of the wakf, he may refer the matter to the State Government for direction and the matter shall be disposed of in accordance with the direction issued by the government and the decision of the State Government shall be deemed to be the decision of the committee.

Scheme - 12. Powers and functions of the Managing Committee.

(1)     Protection of all properties mentioned in clause (1) of this Scheme of Management shall vest in the Managing Committee and it shall be the duty of the Committee to exercise its powers in such manner so that it can be ensured that all the properties under its superintendence are properly maintained and managed and its income is properly incurred on the objectives and purposes for which Hussainabad and Allied Trusts was created or intended.

(2)     Not affecting contrarily to the generality of the foregoing powers, the committee shall have following functions

(a)      to maintain and update from time to time such records which have information about the detailed description of properties of the Trust, its income, its objectives and its beneficiaries;

(b)      to give direction for administration and management of properties;

(c)      To conduct survey from time to time of illegal encroachment, sale and transfer of properties in any manner and to control such illegal activities and to take possession and re-establish the ownership on such properties;

(d)      to make policy for increasing the income of the property of the Trust within the purview of scheme of management;

(e)      to lay down the policy for expenditure of the income to different items under the objectives of the Trust;

(f)       to establish educational institutions including technical, medical and job oriented institute within the purview of Article 30 of the Constitution and to give special concession/facility to poor and other eligible candidates of Shia Muslim Community;

(g)      to give the properties of the Trust on lease/rent with a view to increase the income of the Trust and to fix the rent in accordance with Clause 13 of this scheme of those legal tenants who use the properties of the Trust for commercial purposes;

(h)     to undertake plantation of different useful varieties of plants on such vacant land of the Trust which has not been reserved for any other purpose. To avail services of officers of appropriate status of forest/horticulture department on honorarium fixed by the committee;

(i)       to take necessary steps for protection and safety of properties of the Trust.

Scheme - 13. To Lease out properties of the Trust.

(1)     Vacant land of the Trust shall not be given on lease for a period not more than three years:

Provided that such conditions of lease shall be laid which are in conformity with the objectives of the Hussainabad and Allied Trust and Shia Muslim Personal Law.

(2)     When the properties of Commercial use of the Trust are given on lease, the rent shall be so fixed that it may be in conformity with the market rate fixed by the Collector:

Provided that in addition to the rent so fixed, such property shall be given on lease only after deciding the premium through auction.

(3)     No person, who has residential property within the limits of Lucknow City, shall be provided residential facility on any property of the Trust on rent or on lease.

Scheme - 14. Procedure of functioning of work.

Being in general superintendence of the President, the committee may adopt such procedure for finance, property, establishment and other works of Wakfs and Trusts mentioned in Clause 1, which it deems fit for proper functioning of day to day work:

Provided that such procedure shall be examined by the Secretary and thereafter it shall be submitted to the government through the President for approval. The President shall be independent to put his remarks in it which he thinks proper. The procedure shall then become effective accordingly after the approval of the State Government.

Scheme - 15. Annual Budget of the Trust.

(a)      The committee shall prepare a budget of the Trust and Wakfs for the coming financial year in the format as may be prescribed showing estimated receipt and expenditure during the year.

(b)      Annual budget shall be prepared by the committee by the end of February every year and shall be submitted to the State Government by 25th of February every year without fail. If no approval is received from the government by 20th March, the committee may implement the budget proposal from 1st of April by resolution.

(c)      If budget of a particular year is not prepared within stipulated period and is not submitted to the government, then such failure shall be deemed to be gross mismanagement and negligence of provisions of Scheme of Management and in such condition the government may take such action as is provided in Clause 7.

Scheme - 16. Audit of Accounts of the Trust.

(1)     Accounts of the Trust shall be audited on the request of the President by the Auditor of the local funds who shall submit a copy of the audit report to the State Government. Provided that the audit shall be completed by 30th June every year.

(2)     There shall be special mention of all matters of irregular, illegal or undue expenditure or failure to recover or loss of money or other property besides other matter in the audit report of the Auditor and there shall be mention of a particular person in the audit reports who, in the opinion of auditor, was responsible for such expenditure, failure or loss due to his irresponsibility or misconduct.

(3)     The expenditure on audit of accounts of the Trust shall be incurred by the Trust.

(4)     The State Government may at any time cause to be audited the accounts of the Trust from such officer or authority whom it thinks proper.

Scheme - 17.

The posts of the Chairman and members shall be honorary.

Scheme - 18.

The State Government may, from time to time, give such general or special direction to the committee as it thinks proper and the committee must comply such directions in the performance of its function.

Scheme - 19. Secretary.

(a)      In case of vacancy on the post of Secretary of the Trust, such retired officers of the State or Central Government, who shall be a muslim and who shall not be more than sixty-five years of age and who has retired from the post of Gazetted Officer of Group B in the Pay Band of Rs. 15,600-39,100 and grade pay of Rs. 5400, shall be selected as Secretary of the Trust by the Managing Committee with the prior approval of State Government under such conditions as may be laid by the State Government.

The Secretary so appointed shall be paid as salary an amount equal to the difference of pay he was receiving at the time of retirement and pension other service conditions shall be the same which he was availing at the time of retirement. This appointment shall automatically be terminated as soon as he attains the age of sixty-five years. The Managing Committee, with the prior approval of State Government may grant an extension of service for one year only in special circumstances. In case the Secretary does not perform satisfactorily, the managing committee shall also have the right to give such punishment to the secretary which it thinks proper including removal from the service. Provided that it shall be mandatory to give him proper opportunity of being heard before taking any such action.

(b)      The officer appointed to the post of Secretary shall be responsible for conducting the meetings of the managing committee, preparing its minutes and its maintenance and for implementation of decisions of the committee.

(c)      He shall be responsible for maintenance of accounts of the Trust and organising other activities including correspondence, etc. and shall also perform such other duties which may be entrusted to him by the President and Committee from time to time. He shall also be responsible to report in writing to the President and for seeking his orders for any such action on irregularity which is against the interest of the Trust.

(d)      It shall be the responsibility of the Secretary to submit a report regarding "Power and Functions of the Committee" as described in Clause 12 for consideration in the meetings of the committee.

Scheme - 20. Appointment of Staff of Managing Committee apart from Secretary of the Committee.

The Committee may appoint such staff on such pay, allowance and service conditions as may be necessary for implementation of this scheme. The Chairman shall exercise his powers for appointment of Group III employees and Secretary shall exercise his power for appointment of Group IV employees:

Provided that Secretary and other employee who have been appointed under government Notification No. A-4388/VII-1-W-1960, dated November 28, 1960 and who were working at the time of commencement of this scheme of management, shall be deemed to be appointed under this scheme unless they are removed or dismissed under Clauses 14 and 16 and shall remain working till their fixed period on same remuneration and conditions of service on which they were appointed:

Provided also that employees of ministerial staff of Hussainabad and other Allied Trust and Wakf shall retire from service on attaining the age of sixty-two years. This period may be extended year to year up to sixty-five years of age by the committee with prior approval of the State Government.

Scheme - 21. Suspension, Removal and dismissal etc. of staff.

(1)     The Committee may suspend, remove or dismiss any employee under its control. In special circumstances the power of suspension by the Committee may be used by the Chairman in case of Group III employees and by the Secretary in case of remaining employees.

(2)     It shall not be allowed to remove or dismiss without giving proper opportunity of being heard to the concerned person.

Scheme - 22.

Notwithstanding any provision in the present scheme, any action taken, before the commencement of this scheme, in accordance with the previous scheme of management, shall be deemed valid.

Scheme - 23. Power of State Government to give General or Special Directions.

The State Government may, from time to time, give such general or special direction to the Trust, as it thinks proper and the Trust shall comply with such directions in the performance of its duties.

Part 2

Scheme - 24. Election of members under Clause 2(6).

(1)     The Chairman shall, for the purpose of filling the vacancy of post of members under Clause 2(6), give a public notice of this intention to the bodies mentioned in the sub-clauses within three months for the first time after promulgation of this scheme of management and thereafter within one month when the term of any member is going to expire or within fifteen days of the vacancy whenever such vacancy occurs, that they elect their representative in accordance with the scheduled programme within one month from issue of such notice.

(2)     The notice mentioned in sub-clause (1) above shall be sent to the Chairman, Board of Trustees of Shia College, Lucknow. The election of the representatives of the other bodies or constituencies shall be conducted in such manner as has been laid down in scheme of management by the management committee.

Scheme - 25. Election of members under Clause 2(5).

(1)     All such advocates under Clause 2(5) shall be eligible who reside in Lucknow at the time of election and are practising in law in any court situated in Lucknow and are registered in U.P. Bar Council election at least 15 years prior to the notification of election.

(2)     All such pensioners and beneficiaries of Hussainabad and Allied Trust and other Wakfs and such descendents of King Mohammad Ali Shah who are twenty-one years of age on the date of election and residing in Lucknow for the time being shall be eligible for election under Clause 2(6). Who have completed twenty-one years of age at the time of election and who are residing in Lucknow for the time being shall be eligible for election.

(3)     All the principals of Madarsas, situated in the city of Lucknow who are registered in U.P. Madarsa Education Board and who are not under the managerial control of Hussainabad and Allied Trusts, shall also be eligible for election under Clause 2(8).

(4)     Names in the separate electoral rolls of each category shall be written in Urdu and Hindi both and names in Urdu shall be written in the alphabetical order as follows

(5)     The electoral roll shall be prepared before issue of public notice of last date of nomination and thereafter from time to time and it shall be reviewed particularly within three months before the expiry of term of members of the committee with a view to look into the increase of number of members eligible for voting or in case of death of any such person or who left the city or district, as the case may be, of Lucknow or whether it has been changed by any reason.

(6)     The copies of the electoral roll on the prescribed format shall be put in the office of committee for seven days for the purpose of inviting claims and objections.

(7)     The Secretary shall hear the claims and objections on the date fixed by himself and give orders on its but such date shall not be after 15 days from the last date for submitting such claims and objections. This electoral roll so prepared shall not be questioned in any court of law:

Provided that any person, aggrieved by any order of the Secretary passed under sub-clause (7) above, may give an application to the Chairman within seven days of such order with a payment of fee of Rs. 100. The order given by the Chairman on this application shall be final and conclusive and it shall not be questioned in any court of law.

(8)     A copy of each electoral roll prepared as per above and changes made therein from time to time shall be sent to the State Government. This electoral roll may be inspected in the office without paying any fee.

(9)     The President shall give public notice of the proposed election of the members of the committee before two months from the date of expiry of the term of members or in case any casual vacancy occurs within fifteen days from the date of such vacancy.

(10)   Thereafter the Chairman shall decide the date of election which shall not be fifteen days after the date of public notice. Notice of the date of election shall be in Urdu and Hindi. Day, date, place and time of election shall be mentioned in the notice. Notice shall be given by pasting it on the notice board of the office of the committee and by giving advertisement in at least two daily newspapers having circulation in Lucknow District.

(11)   The Chairman shall fix a date for nomination of the candidates and shall also fix the place and time for nomination. Such date shall not be after ten days from the date when public notice was given for vacancy in the committee.

(12)   One officer of State Government nominated for the purpose (by the Chairman) shall be the observer and election officer for the elections under sub-clauses (5), (6) and (9) of Clause 2. He shall receive the nomination papers, scrutinise it and make order on it same day. Any instruction or order issued by him in connection with the conduction of the election shall not be questioned in any court of law.

(13)   The vote shall be cast by a ballot paper. The ballot paper shall be in Urdu and Hindi and if any voter is illiterate and requests to election officer/polling officer for marking his ballot paper, then the concerned officer may do so. The counting of ballot papers shall be made immediately after the polling is completed in the presence of the candidate or his authorised agent and the result shall be declared immediately on the spot.

(14)   One or two candidates, as the case may be, who get maximum votes shall be elected but if two or more candidates get equal number of votes, then the result shall be decided by a lottery.

(15)   The names of elected persons shall be intimated to the State Government immediately.

Scheme - 26. Appeal for Election.

(1)     Any person aggrieved by the result may appeal to the District Judge, Lucknow within fifteen days from the declaration of the election result with a payment of fee of Rs. 500 on any of the following grounds

(a)      The elected candidate was ineligible or was declared ineligible on the date of election;

(b)      Any misconduct such as undue influence or pressure, publication of false or defamatory statement made by the elected candidate or his election agent or by any other person with the consent of the candidate or his election agent;

(c)      Any nomination paper unduly accepted or rejected; or

(d)      Any other gross irregularity which is in violation of any provision of this scheme and which caused substantial effect on results of the election.

(2)     The order of the District Judge shall be final on such appeal and shall not be questioned in any court of law.

(3)     The District Judge shall follow the same procedure, as may be possible for hearing and disposing the election petition which is fixed in the Code of Civil Procedure, 1908 for hearing and disposal.

Scheme - 27. Expenditure of election incurred by the committee.

(1)     All expenditure in connection with the preparation of electoral rolls and its scrutiny and conduct of election under sub-clauses (5), (6) and (8) of Clause 2 shall be incurred by the committee from the election fund which has been created and maintained for this purpose from the income of the properties of the Trust under management of the committee.

(2)     The fee, prescribed under sub-clause (7) of Clause 20 and sub-clause (1) of Clause 21, shall be paid to the Secretary in his office and the office shall give a receipt of it. The fee so realised shall be deposited in the election fund.

(3)     The expenditure, if any, incurred in connection with the disposal of election petition by the Chairman or the District Judge, shall be met with the election fund.

Scheme - 28. Proceedings of the committee by reason of vacancy of any members shall be invalid.

No act or proceedings of the committee shall be invalid merely by reason of any vacancy of any member of the committee or any default in its constitution.