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TMI Blog2015 (6) TMI 1228X X X X Extracts X X X X X X X X Extracts X X X X ..... order passed by a chairman and a member is without jurisdiction and coram non-judice. It would not be necessary to narrate the facts of the instant revisional application as the respective counsels have restricted their arguments on the above point which is a pure question of law. 2. Prior to the amendment having brought to Section 83(4) of the Waqf Act 1995, one person being the member 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 T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ates or provincial legislations were having a different provisions relating to the wakfs within that State of province and there was unsatisfactory State of affairs of the Wakf through out the Country. The Wakf Act 1954 was passed by the Parliament to provide survey of the Wakf, publication of the list of the Wakf in each State and vesting in the Board to exercise the power of 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 r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l with power to acquire and own property and to transfer such property subject to certain restrictions and conditions that may be prescribed. The composition of the Board indicated in paragraph 14 thereof which shall consist of a chairperson or persons not more than two members to elected from each of the electoral colleges consisting of Muslim members of the Parliament from 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 Rs. 1 lakh and above, one person amongst the Muslims having professional experience in town planning or business management, social works, finance ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... time of enactment of the said Act as the said Tribunal was composed of one member. Even after the substitution of sub-Section 4 of Section 83 of the Act a provision similar to Section 22 has not been introduced or brought in chapter VIII of the said Act except the exclusion Clause (Section 85) where Civil Court, revenue Court and any other authority were debarred to entertain 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 o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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