(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 waqf;(b)to ensure that the income and other property of auqaf are applied to the objects and for the purposes for which such auqaf were intended or created;(c)to give directions for the administration of auqaf;(d)to settle schemes of management for a 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 waqf consistent with the objects of waqf;(ii)in what manner the income of a waqf, the objects of which are not evident from any written instrument, shall be utilised;(iii)in any case where any object of waqf has ceased to exist or has become incapable of achievement, that so much of the income of the 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 waqf, by the Sunni members of the Board only; and(ii)in the case of a Shia 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 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 waqf;(i)to institute and defend suits and proceedings relating to auqaf;(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 Waqf Fund;(l)to call for such returns, statistics, accounts and other information from the mutawallis with respect to the waqf property as the Board may, from time to time, require;(m)to inspect, or cause inspection of, waqf properties, accounts, records or deeds and documents relating thereto;(n)to investigate and determine the nature and extent of waqf and waqf property, and to cause, whenever necessary, a survey of such waqf property;(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 auqaf.
