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106. Powers of Central Government to constitute common Boards.-

(1) Where the Central Government is satisfied that by reasons of-

(i) the smallness of the Muslim population in two or more States,

(ii) the slender resources of the 2[Auqaf] in such States, and

(iii) the disproportion between the number and income of the 2[auqaf] and the Muslim population in such States, it is expedient in the interests of the 2[auqaf] in the States and the Muslim population of such States, to have, instead of separate Boards for each of such States, a common Board, it may, 3[after consultation with the Council and the Government] of each of the concerned States, establish, by notification in the Official Gazette, a common Board for such States as it may deem fit, and may, by the same or any subsequent notification specify the place at which the principal office of such common Board shall be located.

(2) Every common Board established under sub-section (1) shall, as far as practicable, consist of the persons specified in sub-section (1) or, as the case may be, sub-section (7) of section 14.

(3) Whenever any common Board is established under sub-section (1)-

(a) all powers vested in the State Government under any deed of 1[waqf] or any provision of law for the time being in force relating to 2[auqaf], shall stand transferred to, and vested in, the Central Government and, thereupon, references in such deed of 1[waqf] or law to the State Governments shall be construed as references to the Central Government: Provided that while establishing a common Board for two or more States, the Central Government shall ensure, that at least one representative of each of the concerned States is included as a member of the Board;

(b) references in this Act to a State shall be construed as references to each of the States for which the common Board has been established;

(c) the Central Government may, without prejudice to any rule applicable to a Board in a State, may, by notification in the Official Gazette, rules regulating the conduct of business by, and affairs of, the common Board.

(4) The common Board shall be a body corporate, with objects not confined to one State, having perpetual succession and a common seal with power to acquire and hold property and to transfer any such property, subject to such conditions and restrictions as may be specified by the Central Government, and shall by the said name sue or be sued.

Waqf Act, 1995 Back

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