TMI Blog2015 (6) TMI 1228X X X X Extracts X X X X X X X X Extracts X X X X ..... proceedings before the Waqf Tribunal at the time of enactment of the said Act as the said Tribunal was composed of one member - In absence of similar provision, the intention of the legislature is manifest that the authority which derives power from a statute are required to discharge strictly inconformity therewith. The Tribunal not validly constituted passes any order or entertain any proceeding is acting without jurisdiction and such actions are nullity. Admittedly, the impugned order is passed by the Tribunal consisting of a Chairman and one member when the statute mandates that the composition of the Tribunal shall be of three persons one of which should act as a chairman and others as a members thereof. The impugned order per se i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ber of the State Judicial Service holding a rank not below that of District, Sessions or Civil Judge Class I was the composition of the Wakf Tribunal. By Act 27 of 2013 which came into force from 1.11.2013, sub-Section 4 of Section 83 of the said Act was substituted. The amended Section 83(4) of the said Act as it is stands now is as follows: 83.(4) Every Tribunal shall consist of- (a) one person, who shall be a member of the State Judicial Service holding a rank, not below that of a District, Sessions or Civil Judge, Class I, who shall be the Chairman; (b) one person, who shall be an officer from the State Judicial Services equivalent in rank to that of the Additional District Magistrate, Member; (c) One person having knowledg ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f superintendents of all the Wakf in the State and imposed duty on the Board to insure that all the Wakf are properly maintained, controlled and administered and the incomes as also the usufructs thereof are applied in conformity with the objects and the purposes for which the same is created or intended. Several amendments were made since its promulgation relating to reconstitution of the Wakf Board, appointment of Wakf Commissioner and the enlargement of the power of the State to regulate, control and supervise and above most to constitute a Wakf Tribunals for easy, smooth and prompt disposal of the disputes concerning the Wakf. The last of such amendment was made in the year 1984 but could not be given effect to because of strong reserva ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the State or the national capital territory of Delhi or Muslims member of the State legislature or the Muslim members of Bar Councils of concerned State or Union Territory and Mutawallis of the Waqf having an annual income of ₹ 1 lakh and above, one person amongst the Muslims having professional experience in town planning or business management, social works, finance and revenue, agriculture and developmental activities, one person from the Muslim community having profound knowledge in Shia and Sunni theology and one person from amongst Muslims being an officer of the State Government not below the rank of Joint Secretary. A restriction is imposed to be nominated as a member of the Board of Auqaf if they are the minister of the Centr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntertain and/or determine any dispute relating to any Waqf or Waqf property or any matter required to be determined by the Tribunal. In absence of similar provision, the intention of the legislature is manifest that the authority which derives power from a statute are required to discharge strictly inconformity therewith. The Tribunal not validly constituted passes any order or entertain any proceeding is acting without jurisdiction and such actions are nullity. 7. Admittedly, the impugned order is passed by the Tribunal consisting of a Chairman and one member when the statute mandates that the composition of the Tribunal shall be of three persons one of which should act as a chairman and others as a members thereof. The impugned order p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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