State of Rajasthan - Act
Rajasthan Muslim Wakf Regulations, 1964
RAJASTHAN
India
India
Rajasthan Muslim Wakf Regulations, 1964
Rule RAJASTHAN-MUSLIM-WAKF-REGULATIONS-1964 of 1964
- Published on 5 October 1964
- Commenced on 5 October 1964
- [This is the version of this document from 5 October 1964.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title, extent and commencement.
2. Application.
- They shall apply to all wakfs in the State, to which the Act applies.3. Definitions.
- In these regulations, unless the context otherwise requires-4. Meeting classified.
- The meetings of the Board shall be classified as ordinary meetings, special meetings and annual meetings.5. Times of meeting.
6. Place of meeting.
- The meetings of the Board shall generally be held at its office:Provided that such meetings may also be held at such places in the State as the Chairman or the majority of the members may consider necessary and expedient.7. Notice of meeting.
8. Quorum.
9. Agenda.
10. Meeting to be presided by the Chairman.
- The Chairman shall preside at every meeting of the Board.11. Notice of motions.
- Save in the case of a special meeting, notice of a motion intended to be taken up at a meeting shall alongwith the draft resolution should reach the Secretary 10 days before the date of the meeting for being included in the agenda. Notice received thereafter shall be included in the agenda for the next succeeding meeting:Provided that formal votes of thanks, messages of congratulations or condolence and other matters of like nature may be moved without notice by the Chairman himself or by any member present with the permission of the Chairman.12. Language of conducting business.
- Business of the meeting shall be conducted either in Hindi or Urdu.13. Order of business.
14. Adjournment and closure.
15. Point of order.
16. Orders and discipline in the meeting.
- The Chairman shall see that order and discipline is maintained in the meetings of the Board. If a member fails to comply with the orders of the Chairman, the Chairman may debar him from attending the rest of the meeting.17. Minutes.
18. Voting.
- Every member shall have one vote and the votes may be recorded by show of hands or by ballot at the discretion of the Chairman.19. Motion.
20. Amendments.
21. Constitution of Committee.
22. Quorum for meetings of the committees.
- The quorum at a meeting of the committee shall be two-third of its total number of members.23. President of the committees.
24. Conduct of business of the committees.
- The regulations governing the conduct of business of the Board shall apply mutatis mutandis at the meetings of the committee.25. Term of office of committees.
- Each committee shall be constituted for a term of one year:Provided that the Board may, by resolution made in that behalf, extend the term for a further specified period not exceeding six months.Allowance etc. to the Chairman and members of the Board, members of committees [under section 68(2) (d)]26. Allowances of the Chairman and members.
- The Chairman and the members of the Board and of the committees shall, in respect of the journeys performed by them from their usual places of residence to the place of the meeting of the Board or any of its committee, and for the return journey therefrom, be entitled to draw travelling allowances at the rates admissible to Government servants of the first class as per Rajasthan Travelling Allowance Rules for the time being in force:Provided that if the Chairman or any member of the Board or committee has draw any T.A. in respect of any meeting of the Board or committee, he shall not be entitled to draw T.A. over again for attending the meeting of the Committee or Board, as the case may be, if such meeting of the Board or Committee, is held during an interval of 15 days.27. Rate of daily allowance.
- The Chairman and the members shall be entitled to [Rs. 15] [Substituted by Notification dated 7-8-1970, Published in Rajasthan Gazette, Extraordinary, Part IV-C(I), dated 22-4-1971.] per day as daily allowance. The members will be paid only Rs. 7/- per day when business is not transacted.28. Honorarium.
- The Chairman shall be entitled to draw such honorarium as may be proposed by the Board and approved by the Government.Terms and Conditions of service of the officers and servants of the Board [under section 68(2) (e)]29. Service under the Board.
30. Qualification for appointments.
31. Working hours.
- The working hours of the employees of the Board shall be the same as fixed for the employees of the Government, unless otherwise fixed by the Board.32. Appointing authority etc.
| Posts | Appointing Authority |
| Class I | Chairman. |
| Class II | Secretary with the approval of the Chairman. |
| Class III | Secretary. |
33. Probation.
- Every appointment to a post in Class I and Class III shall be subject to probation or trial for a period of one year which is liable to be extended further by the appointing authority at his discretion. A person shall be confirmed at the earliest opportunity on the expiry of the period of probation ordinarily fixed or so extended.34. Termination of probation.
- The appointing authority may, before the expiry of the period of probation or trial, for reasons to be recorded in writing, terminate the probation of any person and revert him to his permanent post under the Board or discharge him from the service of the Board, if he is a direct recruit. In the later case a notice of one month shall be given before discharge or the employee shall be paid one month's emoluments in lieu thereof. If any leave is granted, the period of notice and leave should run concurrently and for this purpose "emoluments" shall include leave allowances.35. Disqualification for appointment.
- Any person who has been convicted of an offence involving moral turpitude or who has been dismissed from the service of the Central or State Government or of any local authority, or any person who has been declared medically unfit, shall be disqualified for appointment to any post under the Board.36. Certificate of age and health to be submitted.
- Every person appointed for the first time to a post under the Board, shall produce a certificate of age and health before the Secretary. The medical certificate shall be in the following form and it shall be annexed to the first bill submitted for the pay of the person concerned:-"I hereby certify that I have examined Shri........ a candidate for employment as ........... under the Rajasthan Board of Muslim Wakfs and cannot discover that he/she has any disease (communicable or otherwise), constitutional weakness or bodily infirmity, except ........... I do not consider this a disqualification for employment in the office of his/her age according to his/her own statement is .........years and by appearance about is..........years.| Date........... | Medical Officer." |
37. Security.
38. Compulsory retirement.
39. Service Book.
40. Character roll.
- In addition to a service book, a character roll shall be maintained for the employees of the Board in such form as may be prescribed by the Board with the approval of Government, in which shall be entered all censures, punishments and communications. Adverse remarks against any employee, if any, shall be communicated to him. It shall be treated as confidential record. It shall contain a yearly report on the work of the employee concerned. Every year in the month of April, the Secretary shall enter his report on the work of each employee under him in regard to the preceding year. The reports shall be forwarded to the Chairman who will record his comments, with his signature and date. The reports of all the employees with the comments of the Chairman shall then be deposited with the Secretary for safe custody.41. Promotion and efficiency.
42. Advance increment.
- The Board may, in exceptional circumstances, grant an increment in advance to an employee in consideration of his special qualifications or experience.43. Establishment.
- The Secretary shall, early in April each year, prepare a detailed statement of all posts under the Board existing on the 1st April.44. Seniority.
- The relative seniority of employees in any grade shall be determined according to the dates of continuous appointment to the grade; employees promoted on the same date shall have the position inter se which they held in the lower grades from which they were promoted. Seniority of persons from outside at the same time shall be determined according to the order of merit or preference indicated at the time of selection for appointment.45. Reduction of establishment.
- When any post or posts are abolished, persons shall be selected for discharge or reversion in the basis of juniority, unless for reasons to be recorded, the services of any person are considered indispensable by the Board.Explanation. - A post the pay of which is reduced shall be deemed to be abolished within the meaning of this regulation.46. Order for abolition of posts.
47. Casual leave.
- 15 days casual leave in the calendar year will be admissible to the employees of the Board. No employee of the Board on casual leave shall be treated as absent from duty and his pay and allowance shall not be intermitted.48. Regular leave.
- The employees of the Board shall be governed by the leave rules applicable to the employees of the State Government subject to such modifications as the Board may think proper and necessary.49. T.A. Rules of the State Government to apply.
- The Travelling Allowance Rules as Government Servants for the time being shall mutatis mutandis apply to the employees of the Board however, with such modification as may be made by the Board from time to time.50. Suspension.
51. Penalties.
- Subject to the provisions of these regulations, the following penalties may for good and sufficient reasons as hereinafter provided, be imposed on an employee of the Board, namely:-52. Procedure for imposing major penalties.
53. Procedure for imposing minor penalties.
- No order imposing any of the penalties specified in clauses (i) to (iv) of regulation 51 shall be passed except after the employee is informed in writing of the proposal to take action against him and of the allegations on which action is proposed to be taken and is given an opportunity to make a representation, if any, to be taken into consideration by the Disciplinary Authority.54. Pay, allowances and reinstatement.
55. Appeals.
56. Forms and contents of appeal.
57. Withholding of appeal.
58. Transmission of appeal.
59. Consideration of appeal.
60. Implementation of order in appeal.
- The authority which made the order appealed against shall give effect to the orders passed by the Appellate Authority.Form of application for Registration of Wakf etc. [under section 68 (2) (f)]61. Registration application to be filled in the office of the secretary.
| (a) | for wakf with gross annual income up to Rs. 200/- | Nil |
| (b) | for wakf with gross annual income from Rs. 201/- to Rs. 1000/- | 5/- |
| (c) | for wakf with gross annual income from Rs. 1,001/- to Rs.2,000/- | 10/- |
| (d) | for wakf with gross annual income from Rs. 2,001/- to Rs.5,000/- | 20/- |
| (e) | for wakf with gross annual income from Rs. 5,001/- to Rs.50,000/- | 40/- |
| (f) | for wakf with gross annual income above Rs. 50,001/- | 80/- |
62. Further particulars to be contained in the Register of Wakfs.
- The Register of Wakfs shall, alongwith the particulars mentioned in section 26, contained the following further particulars, namely:-63. Books to be kept at the office of the Board.
- The following books and registers shall be maintained in the office of the Board-64. Form for Budget of wakf to be prepared by Mutawallis.
65. Maintenance and audit of accounts of wakfs.
66. Return of annual income of the wakf.
67. Fees for inspection of records and for obtaining of copies.
| Ordinary. | Re. 1/- per hour or part thereof; |
| Urgent. | Rs. 2/- per hour or part thereof. |
68. Details necessary in application for copy.
69. Persons entitled to copies.
- Except as hereinafter provided, any party to a proceeding may at any time obtain upon an application an order for a copy or copies of the record in such proceeding, paper, exhibit or document.70. Stranger to proceedings.
- A stranger to a proceeding may obtain on an application an order for copy or copies, if sufficient reasons are shown to the satisfaction of the Secretary.71. Copies to be made on payment of fees etc.
72. Authentication of the order of the Board.
73. Financial and revenue year.
- The financial year of the Board shall commence with effect from 1st April each year and end on the 31st March of that year in conformity with that of the Government.74. Matters to be kept secret.
- The Chairman, Members, Secretary and other officers of the Board are bound to observe secrecy in matters whose disclosure may be prejudicial to the interest of the Board of any wakf.Form I[See regulation 5(2)]ToThe Secretary,Rajasthan Board of Muslim Wakfs,JAIPURSub.-Requisition to call a special meeting of the Board.Sir,We the undersigned members of the Rajasthan Board of Muslims Wakfs do hereby in pursuance of regulation 5(2) of Rajasthan Muslim Wakfs Regulations, 1964, require you to convene a Special Meeting of the Board to held on ....... day........ 197.... at...... or at such place, date and time which may be feasible.The meeting be convened for the purpose of considering and if thought fit passing, the following, resolutions, namely :-| (1) | (7) |
| (2) | (8) |
| (3) | (9) |
| (4) | (10) |
| (5) | (11) |
| (6) |
| Jaipur (Rajasthan) | |
| No. W.B./ | Dated..............197 . |
| No. W.B./ | Jaipur (Rajasthan) |
| Dated..............197 . |
| The meeting is being called in compliance with regulation 5(2) as| called by the Chairman,requisitioned by the members. |
| Jaipur (Rajasthan) | |
| No. W.B./ | Dated..............197 . |
| Income | |||||||
| Revised estimate for the current year | |||||||
| Actual income for the last year | Budget estimate for the current year | Actuals till the end of November | Probation from December till the end of March | Total of columns 3 and 4 | Heads of income | Estimate for the succeeding year | Total as per head |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
| Rs. | Rs. | Rs. | Rs. | Rs. | 1. Opening balance- | ||
| (a) Cash | |||||||
| (b) Current account | |||||||
| (c) Price of crops and other crops | |||||||
| Total- | |||||||
| 2. Land | |||||||
| Estimated quantity of crops Quantity of crops for service ofthe wakf as directed by wakif or according to usage or custom | |||||||
| (a) Quantity and price or surplus crops Price of cropsrequired for service | |||||||
| (b) Price of surplus crops | |||||||
| (c) Other income from land | |||||||
| Total-Income from land | |||||||
| 3. Rents- | |||||||
| (a) Income from house rent | |||||||
| (b) Income from shops situated within the premises of thewakf | |||||||
| 4. Nazranas, presents offered to the wakf:- | |||||||
| (a) Cash | |||||||
| (b) Approximate Cash value of Nazranas or presents | |||||||
| Total-Income from Nazranas or presents | |||||||
| 5. Grants and aids from Government | |||||||
| 6. Annual proceeds from:- | |||||||
| (1) Investment | |||||||
| (2) Deposits | |||||||
| Total-Annual proceeds from investment and deposits. | |||||||
| 7. Compensation realised from employees and servants fornegligence in duties or loss or damage caused:- | |||||||
| (a) Income from other sources Miscellaneous receipts | |||||||
| (b) Income from business and similar other items | |||||||
| (c) Income from subscription in cash or kind | |||||||
| (d) Any other items of income known to the Mutawalli asbelonging to the wakf. | |||||||
| Total:- | |||||||
| 8. Income from extra-ordinary sources and loans:- | |||||||
| (a) Refund towards loan advanced | |||||||
| (b) Refund towards loan advanced | |||||||
| (c) Deposits withdrawn | |||||||
| (d) Consideration of money for sale of land | |||||||
| (e) Consideration of money for sale of house | |||||||
| (f) Money realised from mortgage of land | |||||||
| Total-Income from extraordinary source and loans | |||||||
| 9. Recoveries from advances | |||||||
| Grand Total | |||||||
| Signature | Mutawalli |
| Expenditure | |||||||
| Revised estimate for the current year | |||||||
| Actual expenditure for the last year | Budget estimate for the current year | Actuals till the end of November | Probation from December till the end of March | Total of columns 3 and 4 | Heads of expenditure | Estimate for the succeeding year | Total as per heads |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
| Rs. | Rs. | Rs. | Rs. | Rs. | 1. Expenditure on account of making collections for the wakfproperties | ||
| 2. Expenditure incurred according to the directions of wakifor usage or custom for:- | |||||||
| (a) Allowances to the Mutawalli and other individuals. | |||||||
| (b) Expenses for religious purposes | |||||||
| (c) Expenses for charitable purposes | |||||||
| (d) Expenses for other purposes | |||||||
| 3. Expenditure for improvement and repair of lands | |||||||
| 4. Expenditure for repair of houses | |||||||
| 5. Expenditure for services:- | |||||||
| (a) Rent payable to Government | |||||||
| (b) Tax payable to Municipality etc. | |||||||
| (c) Contribution payable under Wakf Act, 1954 (Central Act 29of 1954) | |||||||
| Total-Expenditure for revenue, tax and contribution. | |||||||
| 6. Expenditure for audit | |||||||
| 7. Other minor expenses | |||||||
| 8. (a) Purchase of lands | |||||||
| (b) Construction of house for augmenting the income of wakfs | |||||||
| (c) Interest on loan | |||||||
| (d) Repayment of loans and advances by the wakf | |||||||
| (e) Investment other than current account in Bank | |||||||
| Total- | |||||||
| 9. Amounts recoverable from advance balance at the end of theyear:- | |||||||
| (a) Cash | |||||||
| (b) Current account in Bank | |||||||
| (c) Approximate price of surplus crops and other crops | |||||||
| Total-Balance | |||||||
| Amount............ | |||||||
| Grad Total | |||||||
| Village | Date |
| Demand | Collections | ||||||||
| Name of Wakf | Head of the Accounts | Arrear | Current | Total | Arrear | Current | Total | Balance | Remarks |
| 1. Rents | |||||||||
| 2. Cesses | |||||||||
| 3. Product from Agricultural lands |
| Name of the Wakf | Head of the Accounts | Expenditure | ||||
| Liabilities | Amt. paid | Date of payment | Balance | Remarks | ||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 |
| 1. Government Revenue | ||||||
| 2. Rents | ||||||
| 3. Cesses | ||||||
| 4. Other taxes | ||||||
| 5. Collection taxes | ||||||
| 6. Miscellaneous expenditure | ||||||
| 7. Pay of officers | ||||||
| 8. Stationery | ||||||
| 9. Repairs and maintenance | ||||||
| 10. Travelling allowance and other miscellaneous | ||||||
| 11. Law Charges:- | ||||||
| (i) Rentsuits | ||||||
| (ii) Othersuits | ||||||
| 12. Allowances | ||||||
| (i)Mutawalli | ||||||
| (ii) Otherbeneficiary | ||||||
| (iii)Individual | ||||||
| 13. Payment to individual institution, mosque, other thanmosque. | ||||||
| 14. Repayment of loans with details. |
| Name of Wakf | Head of Accounts | Actual income for the preceding 12 months from1stApril to 31stMarch | Reasons for variation* from the budget estimateproposed for the year | Actual expenditure for the preceding 12 monthsfrom 1stApril to 31stMarch | Reasons for variation* from the budget estimateproposed for the year | ||
| 1 | 2 | 3 | 4 | 5 | 6 | ||
| 1. | Income from crops | 1. | Expenditure on account of making collections fromthe wakf properties | ||||
| 2. | Income from rents, cesses, mutation etc. | 2. | Expenditure incurred according to the directionsof the wakf or usage or custom fee :- | ||||
| 3. | Income from investment and deposits | (a) | Allowances to the Mutawalli and other individuals | ||||
| 4. | Income from business | (b) | Expenses for religious purposes | ||||
| 5. | Income from Nazars and presents | (c) | Expenses for charitable purposes | ||||
| 6. | Income from other sources :- | (d) | Expenses for other purposes | ||||
| (a) | Income from shops situated in the premised of thewakf | 3. | Expenditure for improvement and repair of lands | ||||
| (b) | Income from house-rent | 4. | Expenditure for repair of houses | ||||
| (c) | Grants and aids from Government, if any | 5. | Expenditure for services:- | ||||
| (d) | Compensation money received | (a) | Rent payable to Government | ||||
| (e) | Miscellaneous income | (b) | Tax payable to Municipality etc. | ||||
| (f) | Income from subscription in cash or kind | (c) | Contribution payable under Wakf Act (29 of 1954) | ||||
| 7. | Any other items of income known to the Mutawallibelonging to the wakf | 6. | Expenditure for audit | ||||
| 7. | Other minor expenses in connection with:- | ||||||
| *The variations, that the difference between thefigures in the budget estimates submitted by the Mutawalli forthat year and the figures shown as actuals in this statement. | |||||||
| (a) | Purchase of lands | ||||||
| (b) | Construction of house, for augmenting the incomeof wakfs | ||||||
| (c) | Interest on loan | ||||||
| (d) | Repayment of loans and advances | ||||||
| (e) | Investments other that current accounts in Bank. |
1. Name of the wakf with full address.
2. Particulars of the landed properties, description, extent, classification whether wet, dry, garden, building or shops, etc., and the gross income of each of the properties.
3. Particulars of movable properties including investments and their income.
4. Other sources of income.
5. Amount of land revenue, cesses, rates and taxes payable in respect of the properties referred to in column (2) above:-
6. Net income of the wakf for the purposes of contribution (columns 2, 3 and 4 minus 5)
| Net Amount |
| No. and date | Name and address of the applicant | Nature of the document |
| 1 | 2 | 3 |
| Where the document relates to a wakf therelation to the applicant to be inspected | Order granting or rejecting the applicant | Inspection fee deposited | |
| Ordinary | Urgent | ||
| 4 | 5 | 6 | 7 |
| Initials of the cashier on receiving payment | Date and hour when the inspection shall beallowed | Signature of the officer receiving theapplication | Remarks |
| 8 | 9 | 10 | 11 |
| S. No. | Description of paper of which copy required | Number of copies required | Object for which copy is required or ground uponwhich application should be granted |