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J&K Muslim WAKAF BOARD

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 J&K BOARD FOR SPECIFIED WAKAFS & SPECIFIED WAKAF PROPERTIES

 
     Annexure “A to Notification No: 5 of 2004, Dt : 19-06-2004.
 

BYE-LAWS

    
SRINAGAR, THE 19th OF JUNE 2004.
    
In exercise of the powers conferred by section 26 of the Jammu & Kashmir Specified Wakafs & Specified Wakaf Properties ( Management & Regulation) Act 2004, the Board hereby make the following byelaws namely:-
 
   

CHAPTER, I. PRIMILINARY.

    1. Short title and commencement.
     (i) These bye laws may be called the Jammu & Kashmir Specified Wakafs & Specified Wakaf Properties byelaws 2004.
    (ii) These shall come into force from the date, these are notified by the Board.
    2. Interpretation:________ In these byelaws unless the context otherwise requires:-
    (a) Act means the Jammu & Kashmir Specified Wakafs & Specified Wakaf Properties (Management & Regulation) Act 2004.
 
(b) Appellate Authority means the Chairman of the Board.
 
(c) Board means Board for Jammu & Kashmir Specified Wakafs & Specified Wakaf Properties constituted under the Act.
 
(d) Chief Executive means the Chief Executive appointed under section 18 of the Act
 
(e) Chairman means the Chairman of the Board.
 
(f) Competent Authority in relation to exercise of any power means the authority to which the authority has been delegated or in the absence of any delegation, the Board
 
(g) Concerned officer means the concerned Executive Director of the Board.
 
(h) Defaulter means any person from whom any sum is recoverable under the Act.
 
(i) Employee means any person who holds a post in the Board but excludes the other staff.
 
(j) Encroachment includes anything done prejudicial to the soundness or safety of the property or reducing value thereof or tempering any easement or heriditament.
 
(k) Government means the Government of Jammu & Kashmir state.
 
(l) Other staff means a person who is not an employee of the Board and has been engaged either on contract basis, daily wages, consolidated wages or otherwise.
 
(m) Section means the section of the Act.
 
(n) Sub-Committee means Sub-Committee of the Board.
 
(o) Unauthorized occupation means and includes the occupation by any person of the Wakaf property:
    i. after the authority whether by way of licence, lease, or any other mode   under which he was allowed to occupy such property, has expired or has determined for any reason what so ever: or
 
ii. in contravention of provisions of the Act.
 
(p) Vice chairman means the Vice chairman of the Board.
 
(q) Wakaf means Specified Wakafs & Specified Wakaf Properties under the Act.
 
(r) Words denoting the masculine gender shall include famine gender and words denoting singular number include the plural words and vice-versa.
 

CHAPTER, II. CONDUCT OF BUSINESS  

 
3. Time & place of Meetings:__ The Board shall meet at least once in three months for  transaction of its business at its office or at a place other than the Board office fixed by the Chairman /Vice chairman or by the Board at its previous meeting(s).
 
4. Special and Extraordinary Meeting:__ The Chairman/Vice Chairman may suo-moto or on receipt of a requisition signed by not less then 1/3rd of the total numbers of the members of the Board stating the business to be brought before the Board, call for a Special and Extraordinary  meeting of the Board.
 
5. Notice:__ The ‘concerned officer’ shall give at least one week’s clear notice for the meeting to every member of the Board.
 
Provided that at least two days clear notice shall be given for an extra ordinary meeting of the Board.
6.  Agenda of Meetings: ________
(i) The ‘concerned officer’  shall with the approval of the chairman /Vice chairman prepare the agenda of business to be transacted  in the meeting of the Board and shall forward a copy of the same to  every member of the Board.
 
(ii) The Chairman/vice chairman may in case of urgency or importance allow any matter not included in the agenda to be discussed in the meeting of the Board.
 
(iii) If all matters included in the Agenda of a particular meeting cannot be transacted due to paucity of time or for any other reason the same shall be discussed in the following meeting(s) of the Board.
    7. Procedure of the Meetings:__
i)The Chairman or in his absence the Vice      Chairman or in the absence of both, a member elected for the purpose shall preside over and regulate the business of the meeting and give rulings on such points of order as are raised during the course of discussions and his decision shall be binding and final.
 
 
(ii)The quorum required for a meeting of the Board shall be one half of the total numbers of members of the Board including Chairman and Vice Chairman of the Board.
 
(iii) Unless otherwise decided by the presiding authority the business shall be conducted in the order listed in the agenda of the meeting.
 
(iv) The ‘concerned officer nominated by the Vice Chairman’ shall be the secretary of the Board and shall maintain a minute book in which shall be recorded the proceedings of every meeting. The minuets of each meeting shall be dully signed by the Chairman and authenticated by the Board in its next meeting. A copy of such minuets of the meeting shall be circulated amongst the members of the Board.
 
8. Disqualification for participation in case of interest:__ (i) A member who is directly or indirectly concerned or interested in any contract, loan or arrangement or proposal entered into or proposed to be entered into by or on behalf of the Board shall at the earliest disclose the nature of the interest to the Board.
 
(ii) Such member shall not be present at any meeting of the Board when any such contract, loan or proposal is discussed unless his/her presence is required by the other members for the purpose of eliciting information.
 
(iii) Such member shall not be eligible to vote on any proposal concerning  such contract, loan or proposal.
 
9. Facilities admissible and Allowances Payable to the Members:__ Members shall be provided with such facilities and paid such sitting fees for attending the meetings as may be determined by the  Board from time to time.
 
10. Authentications: __
(i) All proceedings of the Board shall be authenticated by the   signature of the Chairman or Vice Chairman or the member presiding over the Board in the absence of the Chairman and Vice Chairman as the case may be.
 
(ii)All the orders and other instruments issued by the Board shall be authenticated by the signature of Vice Chairman or such officer as may be authorized by the vice chairman in that behalf.
 
(iii)The person competent to sign contracts and other instruments including lease and licence deeds shall be the officer specifically authorized by the Vice Chairman in this behalf. All documents shall be executed in the name of the Board.

CHAPTER III.- MAINTENANCE OF PEACE AND ORDER & REGULATION OF ENTERIES IN AND AROUND SHRINES.

    1. The Vice Chairman may authorize an officer or a team of officers to take steps for maintenance of peace and order in and around the Specified Wakafs & Specified Wakaf Properties  in any  manner which amongst other matters shall include:-
 
a. Restriction of entry of such individuals at such places/in the specified areas in accordance with Muslim Law.
 
b. Restriction on any activity which is against Muslim law.
 
c. Raise such barriers, barricades in and around the Specified Wakafs & Specified Wakaf Properties as may be needed to regulate the entry;
 
d. Restrict the entry of any individual/ group of individuals from entering into any Specified Wakafs & Specified Wakaf Properties
 
e. Disallow carrying of firearms, knives, swords, lathis and  such other objects the use of which may cause injury to the pilgrims;
 
f. Employ such security measures and / or install such surveillance equipments at such places as may be necessary to monitor the activities in and around the Specified Wakafs & Specified Wakaf Properties
 
g. Disallow any proxy of a person authorized to discharge a religious practice and/or receive offerings/nazrana at any Specified Wakafs & Specified Wakaf Properties.
 
12. The Specified Wakafs & Specified Wakaf Properties shall not be allowed to be used as political platforms by any individual or a group of individuals.
 
13. No person shall be allowed to enter any Specified Wakafs & Specified Wakaf Properties  in an intoxicated state of any nature;
 
14. Rules to be observed by all persons in and around the shrines shall be displayed prominently and enforced strictly.
 
 
 
 
 

CHAPTER   IV-PERFORMANCE OF RELIGIOUS PRACTICES AND ENTITLEMENT TO RECEIVE NAZRANA/OFFERINGS:

 
15. Every person claiming to have any right for performing any religious practice/ceremony and / or receiving Nazrana / offerings in any Specified Wakafs & Specified Wakaf Properties  shall within a period of one month from the date of notification of these rules, make an application in writing to the Vice Chairman and shall enclose the proof for making such claim including:-
 
i. Documents in original.
 
ii. Certified translated copies into Urdu /English of such documents.
 
iii. Evidence of at least 4 responsible citizens living in close vicinity of Specified Wakafs & Specified Wakaf Properties  concerned.
 
iv. An undertaking declaring that the claimant has not been convicted by any court of any offence involving moral turpitude, fraud or any other cognizable offence.
 
v. An undertaking to the effect that the claimant is not addicted to alcohol, ganja, charas or any other form of intoxication.
 
16.  On receipt of such claim the Vice Chairman shall cause wide publicity of the        claim by advertisement in at least two leading dailies of the state and call for objections from the public at large.
 
17. The Vice Chairman shall make such enquiry as he may deem necessary  with respect to the claim of any person and shall provide full opportunities to the Claiments for establishing his claim.
 
18. The Vice Chairman shall then either accept or reject the claim or accept the claim only partially within a period of three months from the date of receipt of such claim. The decision shall always be subject to confirmation of the Board.
 
19. A formal certificate on prescribed form shall then be issued by the Vice        Chairman in favor of the successful claimant which must be displayed by him at all times while performing such religious practice and/or receiving any offerings/nazrana at any Specified Wakafs & Specified Wakaf Properties
 
20. Only certified person shall be allowed to perform the religious practice and /or receive Nazrana/offerings on such days of the year/month as are mentioned in the certificate.
 
21. No proxy shall be allowed for and on behalf of certified person for a period longer than one month in a year unless specifically approved by the Vice Chairman or an officer authorized by him in this behalf for reasons to be recorded for such proxy. However, the total period of proxy shall not exceed three months in a year unless approved by the Board specifically.
 
22. No person is allowed to solicit, coerce, tempt, pester, or beg for any offering or nazrana from any pilgrim or visitor at any Specified Wakafs & Specified Wakaf Properties.
 
23. The Chief Executive or any employee authorized by him in this behalf shall be competent to recover double the amount of money received by any person in contravention of sub section (2) of section 19 of the Act.
 
24. Vice Chairman or an officer authorized by him in this behalf shall be competent authority for debarring any person who contravenes the provisions of section 20 of the Act temporarily or permanently from entering the premises of any specified Wakafs and specified Wakaf properties.

CHAPTER - V. DISTRIBUTION OF DUTIES AMONGEST THE BOARD, THE CHAIRMAN AND THE VICE CHAIRMAN.

    25. CHAIRMAN: ____ Chairman shall exercise general control and superintendence over the functioning of the board. He shall have the powers to authorize implementation of proposals which otherwise require approval of the Board of Directors but implementation whereof can not brook any delay without causing determent to the interests of the Board.
 
26. VICE CHAIRMAN__Vice chairman shall be responsible for overall functioning of the Board and shall, subject to overall guidance and supervision of the Board, discharge following duties:-
 
i) Immediate supervision and control over Chief Executive, employees and other staff of the board.
 
ii)Utilise Endowment Fund for the up liftment and empowerment of the Muslims in the state particularly in the areas of education, healthcare, social welfare, commerce and community development in accordance with the budget provisions and guidelines prescribed by the Board.
 
iii)To sanction relief to the indigent and destitutes in accordance with the budget provisions and guidelines prescribed by the Board.
 
iv)Utilise Endowment Fund for imparting professional, vocational and technical education to the existing institutions in accordance with the budget provisions and guidelines prescribed by the Board.
 
v)Appoint or dismiss the employees of the Board below the rank of Executive Director in accordance with prescribed rules of the Board  subject to the confirmation by the Board,
 
vi) Take disciplinary action against any employee of the Board in accordance with the rules prescribed by the Board.
 
vii) Engagement of a technical person as consultant or in any other capacity on any remuneration not exceeding Rs.10000 per month in each case provided that Board is kept informed about such engagements in the subsequent meeting.
 
viii)Transfer of employees and other staff including the staff on deputation.
 
ix)To grant rewards to the employee  and other staff  for outstanding work, for detection and prevention of thefts and other losses to the Specified Wakafs & Specified Wakaf Properties  up to Rs.5000 in each case provided that the amount shall not exceed Rs.50000 in a  year.
 
x)Sanction ex-gratia payments to any person connected with the working of Board including its employees in case of injury inflicted during performance of duty up to Rs.5000 in each case subject to overall limit of Rs.1 lakh in a year.
 
xi)Sanction ex-gratia payments to any person connected with the working of Board including its employees in case of death during performance of duty up to Rs.25000 in each case subject to overall limit of Rs.2 lakh in a year.
 
xii)Deputation of staff outside the state excluding over seas deputation.
 
xiii)Subject to the delegation of powers in respect of administrative approvals, accord sanctions for procurements up to Rs.2.5 lakhs in each case of any item provided in the Budget.
 
xiv)Allotment on temporary license of any property of the Board for a period not exceeding 11 months.
 
xv)Approval and sanction of Construction works provided in the Budget up to a limit of Rs. 25 lakhs in each case subject to a limit of Rs 100 lakhs in a year.
 
xvi)Approval and sanction of works of emergent nature not provided in works plan up to Rs.1 lakh in each case subject to an overall ceiling of Rs. 10 lakhs in a year.
 
xvii)Approval and sanction of works on negotiated rates for reasons to be recorded in writing, where tenders are not received or there is no time for calling of tenders due to emergency or where a single tender is received up o Rs. 5 lakhs in each case and subject to a limit of Rs 25 lakhs in a year.
 
xviii)Sanction  increase in the Sanctioned estimates up to 20% of the estimated cost for reasons to be recorded in writing..
 
xix)Write off items of stores, tools, machinery, office equipment up to a value of Rs.1000 in each case subject to overall limit of Rs.10000 in each year to be reported to Board at subsequent meetings.
 
xx) Take such  action or measures necessary in the interests of the Board.

27. MATTERS NEEDING REFERENCE TO BOARD: - Matters not specifically mentioned here in above including the following shall be referred to Board:-

    .
    i) To  give the immovable property on lease beyond 11 months
 
ii) To borrow money.
 
iii) To enter into a contract with any member of the Board or his/her relative; a firm company or any institution of which such member/ relative is a partner director or an interested party.
 
iv) To accord sanction to Annual Plan of Action and Annual Budget.
 
v) Cases involving concessions outside rules or providing benefit in relaxation of rules.
 
vi) Laying down policies of Wakaf properties.
 
vii) Deputation of Employees of the Board outside the country.
 
viii) Matters regarding appointment and dismissal of the Employees of the level of Executive Directors and above.
 
ix) Issues involving policy decision having substantial financial implications
 
x) Creation of posts and change in organizational setup of the Board.
   

CHAPTER -VI. DELIGATION OF POWERS TO CHIEF EXECUTIVE AND OTHER OFFICERS OF THE BOARD.

   

28. DELEGATION OF POWERS TO CHIEF EXECUTIVE:

     The Chief Executive shall be responsible for overall management of the affairs of the Specified Wakafs & Specified Wakaf Properties under the immediate control of the Vice Chairman. He shall exercise the following powers:-
    i) Administer, manage and regulate the wakafs and to preserve and protect the Specified Wakafs & Specified Wakaf Properties.
 
ii) Manage and administer the Endowment Fund in accordance with the provisions of the Act.
 
iii) Pay salaries, allowances and perquisites and make all payments due in accordance with the budget provisions from the Endowment Fund.
 
iv) To grant rewards to the employees and other staff  for outstanding work, for detection and prevention of thefts and other losses to the Specified Wakafs & Specified Wakaf Properties up to Rs.2500 in each case subject to Rs.25000 in one year
.
 
v) Sanction ex-gratia payments to any person connected with the working of Board including its employees in case of injury inflicted during performance of duty up to Rs.2500 in each case subject to overall limit of Rs.25000 in each year.
 
vi) Grant promotions to the employee on the basis of recommendation of departmental promotion committee.
 
vii) Take disciplinary action including suspension and imposition of fine against any employee of the Board below the level of Executive Director in accordance with the rules prescribed by the Board.
 
viii) To engage, disband or suspend other staff of the Board and take disciplinary action including imposition of fine against such staff having regard to his/her terms of engagement.
 
 
ix) Transfer of employees and other staff below the level of Executive Directors.
 
x) Deputation of employees outside the state below the level of Executive Directors.
 
xi) Accord sanctions for procurements up to Rs.1 lakhs in each case of any item provided in the Budget.
 
xii) Approval and sanction of Construction works provided in the Budget up to a limit of Rs. 10 lakhs in each case subject to a limit of Rs 50 lakhs in an year
 
xiii) Approval and sanction of works of emergent nature not provided in works plan up to Rs.50000 in each case subject to an overall ceiling of Rs. 5 lakhs in an year.
 
xiv) Approval and sanction of works on negotiated rates for reasons to be recorded in writing, where tenders are not received or there is no time for calling of tenders due to emergency or where a single tender is received up to Rs. 2.5 lakhs in each case and subject to a limit of Rs 10 lakhs in one year
 
xv) Sanction increase in sanctioned estimates up to 10% of the estimated sanctioned cost.
 
xvi) Seek exemptions required under Income Tax Act, Foreign Contributions Act or any other such acts as may be required from time to time.
 
xvii) Institute and pursue such legal proceedings before any court or authority as may be necessary and defend any action/ proceedings instituted against the Board in any court or before any other authority to safeguard the interests of the Board.
 
xviii) Authorise disbursements out of the employee’s welfare Fund, G.P.Fund, and C.P. Fund in accordance with the relevant Rules.
 
xix) Do all such acts as may be delegated to him by the Board from time to time.

29. DELEGATION OF POWERS TO EXECUTIVE DIRECTORS AND OTHER OFFICERS:

     The Executive Directors and other officers shall perform such functions and exercise such powers as are assigned to them by the Vice Chairman from time to time.
   

CHAPTER VII- ACCOUNTS.

    30.          Receipts:_______
(i) All transactions shall be brought into account and all moneys received shall be paid in full without delay in the J&K Bank or any other Scheduled Bank  for credit to the Endowment Fund of the Board.
 
(ii) A Coupon /Counterfoil Receipt duly numbered shall be issued for all monies and donations in cash or kind as a matter of rule by any officer/employee authorized by the Chief Executive.
 
(iii) Bank accounts to be opened for all major Specified Wakafs & Specified Wakaf Properties managed by the Board and monies collected shall be deposited into these bank accounts at such  intervals decided by the Chief Executive for each Wakaf from time to time. Retention of cash at Specified Wakafs & Specified Wakaf Properties for longer intervals then prescribed shall constitute offence punishable under law.
 
(iv) Donation in kind except gold / silver or gold / silver ornaments shall be disposed off at such intervals and by such modes as may be decided from time to time by the Chief Executive.
 
(v) Counterfoils of coupons/ receipt books shall be preserved for a period of 3 years and thereafter these shall be deposed off in such manner as is decided by the Board.
 
(vi) Rent shall be received in accordance with the terms laid down in the Licence deed.  Recourse to recovery procedures shall be taken in all cases promptly.
 
(vii) Receipts Budget:_______ Receipt budget shall comprise of following major       heads:-
 
a) Opening balances.
 
b) Donations in cash
 
c) Donations in kind.
 
d) Capital Income.
 
e) Income from Rented Properties.
 
f) Income from Agricultural and Horticulture.
 
g) Income from Educational Institutions.
 
h) Income from other sources.
 
i) Biatul-Mal reciepts including Sadqa/Zakat.
 
j) Other receipts.
 
k) Recovery of advances etc.
 
This is an illustrative list. Other heads of receipts may be included or income heads rearranged as per the requirements of the Budget.
 
31: Payments:__
(i) Payments from Endowment Fund shall be made in cash or cheque.
 
ii) Money indisputably payable shall never be left unpaid and money paid shall, under no circumstances, be kept out of the accounts a day longer then is absolutely required.
 
iii) Any person having a claim against the Board shall present his voucher duly verified and stamped. All vouchers shall be filled in and signed in ink. The amount shall be written in figures and well as in words and the person signing the receipt shall attest all corrections and alterations.
 
iv) All receipts above Rs.500 shall be stamped as per the procedure in vogue.
 
v) No  payment beyond the limits prescribed under Income Tax Laws shall be made in cash.
 
32. Payment Budget:_______
the payment budget shall have following major   heads:
 
a) Establishment
 
b) Administrative Expenditure.
 
c) Maintenance of Shrines and Mosques.
 
d) Financial Aid/ aid to poor and destitutes.
 
e) Expenditure on agriculture and Horticulture.
 
f) Expenditure on Schools & Madrasas.
 
g) Audit & Taxation.
 
h) Legal Expenses.
 
i) Annual Repairs & Insurance.
 
j) Misc. expenses.
 
k) Capital Expenditure relating to Constructions.
 
l) Other Capital Expenditure.
 
m) Other Payments.
 
 This is an illustrative list. Other heads of payment may be included or payment heads rearranged as per the requirements of the Budget.