Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com DURGAH KHAWAJA SAHEB ACT, 1955 36 of 1955 [] CONTENTS 1. Short title and commencement 2. Definitions 3. Act to override Act XX of 1863 4. The Committee 5. Composition of Committee 6 . Term of office and resignation and removal of members and casual vacancies 7. President and Vice-President 8. Supersession of the Committee 9. Power of Central Government to appoint Nazim 10. Advisory Committee to advise Nazim 11. Powers and duties of the Committee 12. Remuneration of the Sajjadanashin 13. Succession to the office of Sajjadanashin 14. Power to solicit or receive offerings on behalf of the Durgah 15. Committee to observe Muslim Law and tenets of the Chishti Saint 16. Board of Arbitration 17. Defect in the constitution of, or vacancy in, the Committee not to invalidate acts and proceedings 18. Enforcement of final orders of Committee 19. Audit of accounts and annual report 20. Bye-laws 21. Transitional provisions 22. Repeal DURGAH KHAWAJA SAHEB ACT, 1955 36 of 1955 [] STATEMENT OF OBJECTS AND REASONS (1) In 1949, the Government of India appointed a Committee, under the Chairmanship of Mr. Justice Ghulam Hassan, the then Judge of the Allahabad High Court, to report on the affairs of the Durgah Khawaja Saheb, Ajmer, and to make recommendations for its efficient management in the interests of the devotees. The present Bill seeks to implement the decisions of Government on the recommendations of the Committee. The principal provisions are as follows:- (i) The administration, control and management of the Durgah are to vest in a High Power Committee consisting of representative Muslims to be appointed by the Central Government. (ii) A paid Nazim is to be appointed a Member- Secretary of the Committee and to administer the Durgah. (iii) An Advisory Committee is to be set up to advice the Nazim in the discharge of his functions, (iv) The remuneration of the Sajjadanashin and the manner of determining succession to that office are laid down. (v) The soliciting or receiving of offerings on behalf of the Durgah is to be prohibited except through the Nazirn or a person authorised by him, (vi) A Board of Arbitration is to be set up to settle disputes not relating to any religious usage or custom or to the performance of any religious office.- S.R.O. - Gaz. of Ind., 22-11-52, Pt. II, S. 2, Ext., p. 564. ACT 20 OF 1964 (2) T he Durgah Khawaja Saheb Act, 1955, was enacted to provide inter alia for proper control and efficient management of the Durgah Endowments as defined in the Act. 2. A large number of pilgrims who come to offer prayers at the Durgah Khawaja Saheb, Ajmer, make offerings of nazars in the form of cash or in kind, which are meant for the Durgah Khawaja Saheb and form part of the Durgah Endowment. The Act expressly provides in sections 2 (d) (v) and 14 that only the Nazim or a person authorised by him is entitled to receive on behalf of the Durgah nazars and offerings given by the pilgrims. In contravention of these express provisions of the Act some individuals have been collecting the nazars and offerings made at the shrine and have been misappropriating them. In the absence of a specific penal clause in the Act it has not been found possible to take action against them in order to prevent them from doing so. The acceptance of the offerings and nazars which are a source of substantial income to the Durgah by unauthorised persons affects the interests of the shrine. It is, therefore, considered necessary to make a specific provision for penalising persons who solicit or receive nazars and offerings meant for the Durgah in an unauthorised manner. The present Bill seeks to amend the Durgah Khawaja Saheb Act, 1955, by providing for such apenal clause for this purpose.- S.O.R.- Gaz. of Ind., 18-11-63, Pt. II, S. 2, Ext., p. 746. 1. Short title and commencement :- (1) This Act may be called the Durgah Khawaja Saheb Act, 1955. 2. Definitions :- In this Act, unless the context otherwise requires,- (a) "Chief Commissioner" means the Chief Commissioner of Ajmer, acting in his individual capacity; (c) "Durgah" means the institution known as the Durgah Khawaja Saheb Ajmer, and includes the premises called the Durgah Sharif with all buildings contained therein, together with all additions thereto or all alterations thereof which may hereafter be made from time to time; 3. Act to override Act XX of 1863 :- This Act shall have effect notwithstanding anything inconsistent therewith contained in Religious Endowments Act, 1863. 4. The Committee :- (1) The administration, control and management of the Durgah Endowment shall be vested in a Committee constituted in the manner hereinafter provided. (2) The Committee shall, by the name of "The Durgah Committee, Ajmer", be a body corporate and shall have perpetual succession and a common seal and shall by the said name sue and be sued through its president. 5. Composition of Committee :- The Committee shall consist of not less than five and not more than nine members all of whom shall be Hanafi Muslims and shall be appointed by the Central Government. 6. Term of office and resignation and removal of members and casual vacancies :- (1) A member of the Committee shall hold office for a period of five years from the date of his appointment but may resign his office earlier by giving notice in writing thereof to the Central Government and shall cease to be a member on the resignation being accepted by that Government. (3) Casual vacancies among members of the Committee shall be filled by appointment made by the Central Government in consultation with the remaining members of the Committee. (4) The term of office of a member appointed to fill a casual vacancy shall be for so long only as the member whose place has been filled would have been entitled to hold office if the vacancy had not occurred. 7. President and Vice-President :- (1) The Committee shall elect a President and a Vice-President from among its members. (2) When the office of the President is vacant or in the absence of the President from any meeting, the Vice-President shall perform the functions of the President. (3) In the absence of the President and Vice-President, a meeting of the Committee may be presided over by a member elected by the majority of the members present at. the meeting. 8. Supersession of the Committee :- If in the opinion of the Central Government the Committee is guilty of gross mismanagement of the affairs of the Durgah or of neglect in the performance of its functions, the Central Government may supersede the Committee and entrust any person with full powers of the Committee until a new Committee is constituted in accordance with the provisions of this Act. 9. Power of Central Government to appoint Nazim :- (1) The Central Government may, in consultation with the Committee, appoint a person to be the Nazim of the Durgah and the Nazim shall in virtue of his office be the Secretary of the Committee: Provided that no such consultation shall be necessary in the case of the appointment of the first Nazirn, (2) The Nazirn shall be paid such salary and allowances as the Central Government may fix out of the revenues of the Durgah Endowment. (3) The Committee shall exercise its powers of administration, control and management of the Durgah Endowment through the Nazim 10. Advisory Committee to advise Nazim :- For the purpose of advising the Nazim in the discharge of his functions under this Act and also for such other purposes as may be specified in any bye-laws of the Committee, the Central Government may, in consultation with the Chief Commissioner, constitute an Advisory Committee consisting of such number of persons, being Hanafi Muslims, not exceeding seven, as the Central Government may think fit, such persons being chosen from among the residents of the State of Ajmer or any of the neighbouring States. 11. Powers and duties of the Committee :- The powers and duties of the Committee shall be - (a) to administer, control and manage the Durgah Endowment: (b) to keep the buildings within the boundaries of the Durgah Sharif and all buildings, houses and shops comprised in the Durgah Endowment in proper order and in a state of good repair: (c) to receive all moneys and other income of the Durgah Endowment; (d) to see that the Endowment funds are spent in the manner desired by the donors; (e) to pay salaries, allowances and perquisites and make all other payments due out of, or charged on, the revenues or income of the Durgah Endowment: (f) to determine the privileges of the Khadims and to regulate their presence in the Durgah by the grant to them of licences in that behalf, if the Committee thinks it necessary so to do; (g) to define the powers and duties of the Advisory Committee; (h) to determine the functions and powers, if any, which the Sajjadanashin may exercise in relation to the Durgah; (i) to appoint, suspend or dismiss servants of the Durgah Endowment; (j) to make such provision for the education and maintenance of the indigent descendants of Khawaja Moin-ud-din Chishti and their families and the indigent Khadims and their families residing in India as the Committee considers expedient consistently with the financial position of the Durgah; (k) to delegate to the Nazim such powers and functions as the Committee may think fit; (l) to do all other such things as may be incidental or conducive to the efficient administration of the Durgah. 12. Remuneration of the Sajjadanashin :- There shall be paid to the person for the time being holding the office of the Sajjadanashin remuneration at the rate of rupees two hundred per mensem out of the revenues of the Durgah Endowment. 13. Succession to the office of Sajjadanashin :- (1) As soon as the office of the Sajjadanashin falls vacant, the Committee shall, with the previous approval of the Chief Commissioner, make such interim arrangements for the performance of the functions of Sajjadanashin as it may think fit, and immediately thereafter publish a notice in such form and manner as may be determined by the Committee, inviting applications within one month of such publication from persons claiming to succeed to that office. (2) Where only one person claims to succeed to the office of the Sajjadanashin and the Committee is satisfied as to his right to succeed, it shall, with the previous approval of the Chief Commissioner, pass an order in writing according recognition as Sajjadanashin to such person. (3) Where more persons than one claim to succed to the office of the Sajjadanashin, the Committee shall, after consultation with the Chief Commissioner, refer the dispute to the Judicial Commissioner of Ajmer for a decision regarding the claim to succeed to that office, and the Judicial Commissioner, after taking such evidence as he considers necessary and after giving an opportunity to the claimants to be heard in respect of their claims, shall communicate his decision to the Committee. (4) The Committee, on the receipt of the decision, shall, with the previous approval of the Chief Commissioner, pass an order in writing in accordance with such decision declaring the person found entitled to succeed to the office of the Sajjadanashin and according recognition as Sajjadanashin to such person. (5) An order passed by the Committee under sub-section (2) or sub-section (4) shall be final and shall not be questioned in any Court. 14. Power to solicit or receive offerings on behalf of the Durgah :- 15. Committee to observe Muslim Law and tenets of the Chishti Saint :- Save as otherwise provided under any enactment for the time being in force, the Committee shall, in exercise of its powers and the discharge of its duties, follow the rules of Muslim Law applicable t o Hanafi Muslims in India, and shall conduct and regulate the established rites and ceremonies in accordance with the tenets of the Chishti Saint. 16. Board of Arbitration :- (2) No suit shall lie in any Court in respect of any matter which is required by sub-section (1) to be referred to a Board of Arbitration. 17. Defect in the constitution of, or vacancy in, the Committee not to invalidate acts and proceedings :- No act or proceeding of the Committee shall be invalidated merely by reason of the existence of a vacancy among its members or a defect in the constitution thereof. 18. Enforcement of final orders of Committee :- Where in the exercise of its powers and performance of its duties the Committee passes any final order against any person directing him to do, or to abstain from doing, something the person against whom the order is directed shall be bound to comply with the order and in case of non-compliance with such order any civil Court within the local limits of whose jurisdiction the person against whom the order has been passed, resides or carries on busines may execute the order in the same manner and by the same procedure as if it were a decree or order passed by itself in a suit. 19. Audit of accounts and annual report :- (1) The accounts of the Durgah shall be audited every year by such persons and in such manner as the Central Government may direct. (2) The Committee shall every year prepare a report on the administration of the Durgah, which, together with the accounts of the Durgah and the report of the auditor thereon, shall be published in the Official Gazette. 20. Bye-laws :- (1) The Committee may make bye-laws to carry out the purposes of This Act. (3) Any power to make bye-laws conferred by this section is conferred subject to the condition of the bye-laws being first published in draft for objections by being hung up on the premises of the Durgah and of their not taking effect until they have been approved and confirmed by the Central Government and published in the Official Gazette. (4) The Central Government in approving and confirming a bye-law may make any change therein which appears to be necessary. (5) The Central Government may, after previous publication of its intention, cancel any bye-law which it has approved and confirmed, and thereupon the bye-law shall cease to have effect. 21. Transitional provisions :- The person holding the office of Sajjadanashin immediately before t h e commencement of this Act shall on and from such commencement, continue to hold that office subject to the other provisions of this Act and to the final decision in the suit relating to that office which is pending on such commencement and to which the said person is a party. 22. Repeal :- Durgah Khawaja Saheb Act, 1936 and Durgah Khawaja Saheb (Emergency Provisions) Act, 1950 are hereby repealed.