Section 38:
Powers of Board to appoint Executive Officer.
(1) Notwithstanding anything contained in this
Act, the Board may, if it is of the opinion that it is necessary so to do in the interests of the 1[waqf],
appoint on whole-time or part-time or in an honorary capacity, subject to such conditions as may be
provided by regulations, an Executive Officer with such supporting staff as it considers necessary for any
1[waqf] having a gross annual income of not less than five lakh rupees:
Provided that the person chosen for appointment should be a person professing Islam.
(2) Every Executive Officer appointed under sub-section (1) shall exercise such powers and discharge
such duties as pertain only to the administration of the property of the 1[waqf] for which he has been
appointed and shall exercise those powers and discharge those duties under the direction, control and
supervision of the Board:
Provided that the Executive Officer who is appointed for a 1[waqf] having a gross annual income of
not less than five lakh rupees shall ensure that the budget of the 1[waqf] is submitted, the accounts of the
1[waqf] are regularly maintained, and the yearly statement of accounts are submitted within such time as
the Board may specify.
(3) While exercising his powers and discharging his functions under sub-section (2), the Executive
Officer shall not interfere with any religious duties or any usage or custom of the 1[waqf] sanctioned by
the Muslim law.
(4) The salaries and allowances of the Executive Officer and his staff shall be fixed by the Board and
in fixing the quantum of such salary the Board shall have due regard to the income of the 2[waqf], the
extent and nature of the duties of the Executive Officer and shall also ensure that the amounts of such
salaries and allowances are not disproportionate to the income of the 2[waqf] and do not operate as an
unnecessary financial burden on it.
(5) The salaries and allowances of the Executive Officer and his staff shall be paid by the Board from
the 2[Waqf] Fund and, if the 2[waqf] generates any additional income as a result of appointment of the
Executive Officer, the Board may claim reimbursement of amounts spent on the salaries and allowances
from the fund of the 2[waqf] concerned.
(6) The Board may, for sufficient reasons, and after giving to the Executive Officer or a member of
his staff, a reasonable opportunity of being heard, suspend, remove or dismiss the Executive Officer or a
member of his staff from his post.
(7) Any Executive Officer or a member of his staff who is aggrieved by any order or removal or
dismissal made under sub-section (6) may, within thirty days from the date of communication of the
order, prefer an appeal against the order to the Tribunal and the Tribunal may, after considering such
representation as the Board may make in the matter, and after giving a reasonable opportunity to the
Executive Officer or a member of his staff of being heard, confirm, modify or reverse the order.
Notes:
1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).
2. Subs. by Act 27 of 2013, s. 4, for "wakf' (w.e.f. 1-11-2013).