Section 45 of The Waqf Act, 1995
45. Preparation of budget of 1[auqaf] under direct management of the Board.--- (1) The Chief Executive Officer shall prepare, in such form and at such time as may be prescribed, a budget in respect of the financial year next ensuing showing the estimated receipts and expenditure for each of the 1[auqaf] under the direct management of the Board, showing therein the estimated receipts and expenditure and submit it to the Board for its approval.
- (2)While submitting the budget under sub-section (1), the Chief Executive Officer shall also prepare statement giving details of the increase, if any, in the income of each 2[waqf] under the direct management of the Board and the steps which have been taken for its better management and the results accruing therefrom during the year.
- (3)The Chief Executive Officer shall keep regular accounts and be responsible for the proper management of every2[waqf] under the direct management of the Board.
- (4)Every budget submitted by the Chief Executive Officer under sub-section (1) shall comply with the requirements of section 46 and, for this purpose, references therein to the mutawalli of the 2[waqf] shall be construed as references to the Chief Executive Officer.
- (5)The audit of accounts of every 2[waqf] under the direct management of the Board shall be undertaken by the State Examiner of Local Funds or any other officer appointed by the State Government for this purpose, irrespective of the income of the 2[waqf].
- (6)The provisions of sub-sections (2) and (3) of section 47 and the provisions of sections 48 and 49 shall, in so far as they are not inconsistent with the provisions of this section, apply to the audit of accounts referred to in this section.
- (7)Where any 2[waqf] is under the direct management of the Board, such administrative charges as may be specified by the Chief Executive Officer shall be payable by the 2[waqf] to the Board: Provided that the Chief Executive Officer shall not collect more than ten per cent. of the gross annual income of the 2[waqf] under the direct management of the Board as administrative charges.
Summary
- For properties that the Board manages directly, the Chief Executive Officer (CEO) prepares the budget.
- This budget must show all expected income and spending for each property for the next year.
- The CEO must also provide a statement showing if the income has increased and what steps were taken for better management.
- A special government officer, the State Examiner of Local Funds, must audit these specific accounts.
- The Board can collect up to ten percent of the gross annual income as a fee for administration.
- The CEO is responsible for the proper management and accounts of every property under direct Board control.
Practical examples
FAQ
1. Who prepares the budget for properties under direct management according to Section 45 of the Waqf Act, 1995?
Under Section 45 of the Waqf Act, 1995, the Chief Executive Officer is responsible for preparing and submitting this budget to the Board.
2. Who audits the accounts of properties managed directly by the Board under Section 45 of the Waqf Act, 1995?
Section 45 of the Waqf Act, 1995, says the State Examiner of Local Funds or another officer appointed by the State Government must perform the audit.
3. What is the maximum fee the Board can charge for administration under Section 45 of the Waqf Act, 1995?
The Board can collect administrative charges up to ten percent of the gross annual income of the property according to Section 45 of the Waqf Act, 1995.
Test yourself
Q1.Under Section 45 of the Waqf Act, 1995, who is responsible for keeping regular accounts for properties under direct management?
Q2.What is the limit for administrative charges under Section 45 of the Waqf Act, 1995?
Q3.According to Section 45 of the Waqf Act, 1995, who must audit the accounts of auqaf under direct management?
Q4.Under the Waqf Act, 1995, Section 44 covers budgets for regular managers, but which requirement from Section 46 must the CEO also follow under Section 45?