Central Waqf Council Rules, 1998
In exercise of the powers conferred by sub-sections (1) and (2) of section 12 of the Waqf Act, 1995 (43 of 1995), the Central Government hereby makes the following rules, namely:-
1. Short title and commencement.—(1) These rules may be called the Central Waqf Council Rules, 1998.
(2) They shall come into force from the date of their publication in the Official Gazette.
Definitions - In these rules, unless the context otherwise requires,-
(a) "Act" means the Waqf Act, 1995 (43 of 1995);
(b) "Chairman" means the Chairman of the Council;
(c) "Council" means the Central Waqf Council established under section 9 of the Act;
(d) "fund" means the Central Waqf Fund constituted under sub-section (2) of section 10 of the Act;
(e) "member" means a member of the Council;
(f) "Secretary" means the Secretary of the Council.
3. Register of members.—(1) The Council shall make a list of members showing their name, occupation and address and each member shall sign the same.
(2) A member of the Council shall inform the change of address, if any, to the Secretary of the Council who shall cause an entry to be made in the roll of the members.
4. Term of office, resignation and removal of members.- (1) Save as otherwise provided in these rules, every member shall hold office for a term of five years from the date on which he enters upon such office and shall be renewed : will be eligible for. meeting.
(2) A member may resign his office in writing under his hand to the Central Government and such resignation shall take effect from the date on which it is accepted by the Central Government or on the expiry of thirty days from the date of resignation. , whichever is earlier.
(3) The Central Government may remove a member from the Council if he-
(a) becomes an undischarged insolvent;
(b) is, in the opinion of the Central Government, unfit to continue in office by reason of infirmity of mind or body;
(c) is convicted of and sentenced to imprisonment for an offense which, in the opinion of the Central Government, involves moral turpitude;
(d) is absent from three consecutive meetings of the Council, without obtaining leave of absence from the Chairman of the Council;
(e) has, in the opinion of the Central Government, abused the position of the members to continue in office of the person harmful for the purposes of the Act.
5. Filling of casual vacancies - In the event of any vacancy occurring in the office of a member by reason of his death, resignation, removal or otherwise, the Central Government may appoint in his place any other person and a person appointed to fill it. The vacancy shall hold office only for the remainder of the term for which the member in whose place he was so appointed.
6. Committees of the Council.—(1) The Council may appoint from amongst its members such number of committees as the Council may consider necessary but not exceeding four and entrust to them such functions, duties and powers as it may consider necessary for the purpose.
(2) The members of the Committee shall hold office for such term as may be specified by the Council.
(3) A member shall cease to be a member of the Committee if he ceases to be a member of the Council.
(4) The Committee of the Council may meet repeatedly depending on the exigencies of the business.
(5) The recommendations or decisions of the Committee shall be placed before the Council for its approval:
Provided that when the Council is not meeting, the recommendations or decisions by the Secretary of the Council shall be laid before the Chairman and as soon as the Council meets, the Chairman shall inform the Council, taking into account the recommendations or decisions of the Council. ,
Provided further that if the Committee is unable to meet for reasons beyond his control, the Secretary of the Council may refer the matter falling within the scope of such Committee directly to the Chairman for reference:
Provided also that all decisions taken by the Chairperson on the recommendations of any Committee or otherwise shall be forthwith confirmed by the Council.
7. Secretary of the Council.—(1) There shall be a Secretary of the Council, who shall be a Muslim, to be appointed by the President on such terms and conditions as may be fixed by the Council.
(2) The Secretary shall be the Chief Executive Officer of the Council and shall exercise the powers of control, supervision and management over the office and staff of the Council.
(3) The Secretary shall, from time to time, give effect to the decisions of the Council or the directions given by the Chairperson:
Provided that when the Council is in the process of reconstitution or is unable to meet for reasons beyond its control, the Secretary may, on an urgent matter, take the sanction of the order of the Chairman:
Provided further that all such orders or approvals of the Chairperson shall be placed before the Council for its decision, as
