Section 26 of The Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995 in hindi
Where the Chief Executive Officer considers that an order or resolution passed by the Board--
- (a)has not been passed in accordance with the law; or
- (b)is in excess of or is an abuse of the powers conferred on the Board by or under this Act or by any other law; or
- (c)if implemented, is likely to--
- (i)cause financial loss to the Board or to the concerned 2[waqf] or to the 1[auqaf] generally; or
- (ii)lead to a riot or breach of peace; or
- (iii)cause danger to human life, health or safety; or
- (d)is not beneficial to the Board or to any 2[waqf] or to1[auqaf] generally, he may, before implementing such order or resolution, place the matter before the Board for its reconsideration and, if such order or resolution is not confirmed by a majority of vote of the members present and voting after such reconsideration, refer the matter to the State Government along with his objections to the order or resolution, and the decision of the State Government thereon shall be final.
Summary
- The CEO can delay a Board order if they believe it is illegal or an abuse of power.
- The CEO may also stop implementation if an order would cause financial loss or danger to safety.
- Orders that could lead to a riot or breach of peace can be sent back for reconsideration.
- If the Board refuses to change its mind by a majority vote, the CEO refers the matter to the State Government.
- The State Government makes the final decision on whether the order should be carried out.
Practical examples
FAQ
1. Can the CEO permanently cancel a Board order?
No, the CEO can only ask the Board to reconsider or refer the matter to the State Government. The State Government has the final say.
2. Does the CEO have to implement a dangerous order immediately?
No, the CEO can place the matter before the Board for reconsideration before implementing it if they fear it causes danger to human life or safety.
Test yourself
Q1.Under Section 26 of The Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995, what should the CEO do if they believe a Board resolution was not passed in accordance with the law?
Q2.If the Board confirms a controversial order after reconsideration, what is the CEO's next step under Section 26 of The Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995?
Q3.According to Section 26 of The Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995, which of the following is a valid reason for the CEO to delay an order?
Q4.Whose decision is final when the CEO and the Board disagree on a resolution under Section 26 of The Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995?