(1)The mutawalli of every waqf, the net annual income of which is not less than five thousand rupees, shall pay annually, out of the net annual income derived by the waqf, such contributions, not exceeding seven per cent. of such annual income, as may be prescribed, to the Board for the services rendered by such Board to the waqf.Explanation I .—For the purposes of this Act, “net annual income” shall mean the gross income of the waqf from all sources, including nazars and offerings which do not amount to contributions to the corpus of the auqaf, in a year after deducting therefrom the following, namely:—(i)the land revenue paid by it to the Government;(ii)the rates, cesses, taxes and licence fees, paid by it to the Government or any local authority;(iii)expenditure incurred for all or any of the in respect of lands directly under cultivation by the mutawalli for the benefit of the waqf, namely:—(a)maintenance of, or repairs to, irrigation works, which shall not include the capital cost of irrigation;(b)seeds or seedlings;(c)manure;(d)purchase and maintenance of agricultural implements;(e)purchase and maintenance of cattle for cultivation;(f)wages for ploughing, watering, sowing, transplanting, harvesting, threshing and other agricultural operations:Provided that the total deduction in respect of an expenditure incurred under this clause shall not exceed twenty per cent. of the income derived from lands belonging to the waqf:(iv)Provided further that no such deduction shall be permitted in respect of waqf land given on lease, by whatever name called, whether batai or share cropping or any other name.expenditure on sundry repairs to rented buildings, not exceeding five per cent. of the annual rent derived therefrom, or the actual expenditure, whichever is less;(v)sale proceeds of immovable properties or rights relating to, or arising out of immovable properties, if such proceeds are reinvested to earn income for the waqf:Provided that the following items of receipts shall not be deemed to be income for the purposes of this section, namely:—(a)advances and deposits recovered and loans taken or recovered;(b)deposits made as security by employees, lessees or contractors and other deposits, if any;(c)withdrawals from banks or of investments;(d)amounts recovered towards costs awarded by courts;(e)sale proceeds of religious books and publications where such sales are undertaken as an un-remunerative enterprise with a view to propagating religion;(f)donations in cash or kind or offerings made by the donors as contribution to the corpus of the waqf:Provided that interest on income, if any, accruing from such donations or offerings shall be taken into account in calculating the gross annual income;(g)voluntary contributions received in cash or kind for a specific service to be performed by the waqf and expended on such service;(h)audit recoveries;Explanation II.—In determining the net annual income for the purposes of this section, only the net profit derived by any waqf from its remunerative undertakings, if any, shall be taken as income, and in respect of its non-remunerative undertakings, such as, schools, colleges, hospitals, poor homes, orphanages or any other similar institutions, the grants given by the Government or any local authority or donations received from the public or fees collected from the pupils of educational institutions shall not be taken as income.
