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26. Powers of Chief Executive officer in respect of orders or resolutions of Board.-

Where the Chief Executive Officer considers that an order or resolution passed by the Board-

(a) has not been passed in accordance with the law; or

(b) is in excess of or is an abuse of the powers conferred on the Board by or under this Act or by any other law; or

(c) if implemented, is likely to-

(i) cause financial loss to the Board or to the concerned 2[waqf] or to the 1[auqaf] generally; or

(ii) lead to a riot or breach of peace; or

(iii) cause danger to human life, health or safety; or

(d) is not beneficial to the Board or to any 2[waqf] or to 1[auqaf] generally, he may, before implementing such order or resolution, place the matter before the Board for its reconsideration and, if such order or resolution is not confirmed by a majority of vote of the members present and voting after such reconsideration, refer the matter to the State Government along with his objections to the order or resolution, and the decision of the State Government thereon shall be final.

1. Subs. by Act 27 of 2013, s. 4, for "wakfs" (w.e.f. 1-11-2013).

2. Subs. by s. 4, ibid., for "wakf" (w.e.f. 1-11-2013).

Waqf Act, 1995 Back

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