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Citedby 12 docs - [View All]
The Chairman vs M/S.Million Foundations on 6 March, 2013
S.V.P.Pookkoya ,Aged 71 Years vs The Chief Executive Officer on 13 August, 2010
A.P.A.Rasheed, S/O.Oliyathu ... vs N.N.Khalid Haji, S/O.Kunhali ... on 30 June, 2011
Mohamed Mujeebur Rahman vs The State Of Tamil Nadu on 6 June, 2011
Syed Thajuddin vs Syed Mohideen on 11 November, 2010

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[Section 32] [Complete Act]
Central Government Act
Section 32(2) in The Wakf Act, 1995
(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 wakf;
(b) to ensure that the income and other property of wakfs are applied to the objects and for the purposes for which such wakfs were intended or created;
(c) to give directions for the administration of wakfs;
(d) to settle schemes of management for a wakf: 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 wakf consis- tent with the objects of a wakf;
(ii) in what manner the income of a wakf, the objects of which are not evident from any written instrument, shall be utilized;
(iii) in any case Where any object of wakf has ceased to exist or has become incapable of achievement, that so much of the income of the, wakf 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 with- out 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 wakf, by the Sunni members of the Board only; and
(ii) in the case of a Shia wakf, 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 muta- wallis and to arrange for the auditing of account of wakfs;
(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 wakf;
(i) to institute and defend suits and proceedings relating to wakfs;
(j) to sanction any transfer of immovable property of a wakf by way of sale, gift, mortgage, exchange or lease, in accordance with the provisions of this Act: Provided that no such sanction shall be given unless at least two- thirds of the members of the Board vote in favour of such transaction;
(k) to administer the Wakf Fund;
(l) to call for such returns, statistics, accounts and other information from the mutawallis with respect to the wakf property as the Board may, from time to time, require;
(m) to inspect, or cause inspection of, wakf properties, accounts, records or deeds and documents relating thereto;
(n) to investigate and determine the nature and extent of wakf and wakf property, and to cause, whenever necessary, a survey of such wakf property;
(o) generally do all such acts as may be necessary for the control, maintenance and administration of wakfs.