Section 49: Setting up of Board

49. Setting up of Board (1) (a) The President may set up a Board of Waqf Commissioners, consisting of such persons of the Muslim faith, not less than 4 in number, as he thinks fit to appoint. (b) The President may appoint a Chairperson of the Board, who shall be a senior Government official, or a person employed in State’s service, and who shall be paid by the Board such fee for his services as the President may direct. (c) The Chairperson may be a person not belonging to the Muslim faith. (2) The members of the Board shall retire on 31 December of each year, but shall all be eligible for reappointment by the President for the next ensuing period of 12 months. (3) The President may remove a Commissioner, including the Chairperson, at any time after appointment. (4) Where a vacancy occurs in the membership of the Board by reason of the death, resignation, or removal from office, of the Chairperson or any member of the Board, the President may appoint a successor for the remainder of the period of 12 months. (5) Three members shall constitute a quorum at meetings of the Board, in addition to the Chairperson, who shall have a casting vote. (6) (a) The Board shall be a body corporate. (b) Service of process on behalf of or on the Chairperson shall be deemed to be service by or on the Board. (7) (a) Subject to paragraph (b), the Board may levy yearly on all waqf properties registered with the Board such sum of money, not exceeding 3 per cent of the gross total income of each waqf property, as the Board may decide, for the purpose of defraying any expenses which may be incurred by the Board in the execution of its duties. (b) With respect to any waqf which is also registered as an association, any sum payable to the Registrar of Associations shall be deducted from the contribution payable to the Board under paragraph (a). (c) Every decision of the Board under paragraph (a) shall be taken on or before 15 December in the year preceding that in respect of which the levy shall be payable, and shall be published in the Gazette. W2 – 19 [Issue 1] Waqf Act (8) The President may make such regulations as he thinks necessary for the execution of the functions of the Board. [S. 49 amended by Act 48 of 1991.]