(1) The Board for a State and 2[the National Capital Territory of Delhi] shall consist of--

(a) a Chairperson;

(b) one and not more than two members, as the State Government may think fit, to be elected from each of the electoral colleges consisting of--

(i) Muslim Members of Parliament from the State or, as the case may be, 2[the National Capital Territory of Delhi];

(ii) Muslim Members of the State Legislature;

3[(iii) Muslim members of the Bar Council of the concerned State or Union territory:

Provided that in case there is no Muslim member of the Bar Council of a State or a Union territory, the State Government or the Union territory administration, as the case may be, may nominate any senior Muslim advocate from that State or the Union territory, and]

(iv) mutawallis of the 1[auqaf] having an annual income of rupees one lakh and above.

4[Explanation I.--For the removal of doubts, it is hereby declared that the members from categories mentioned in sub-clauses (i) to (iv), shall be elected from the electoral college constituted for each category.

Explanation II.--For the removal of doubts it is hereby declared that in case a Muslim member ceases to be a Member of Parliament from the State or National Capital Territory of Delhi as referred to in sub-clause (i) of clause (b) or ceases to be a Member of the State Legislative Assembly as required under sub-clause (ii) of clause (b), such member shall be deemed to have vacated the office of the member of the Board for the State or National Capital Territory of Delhi, as the case may be, from the date from which such member ceased to be a Member of Parliament from the State National Capital Territory of Delhi, or a Member of the State Legislative Assembly, as the case may be;]

5[(c) one person from amongst Muslims, who has professional experience in town planning or business management, social work, finance or revenue, agriculture and development activities, to be nominated by the State Government;

(d) one person each from amongst Muslims, to be nominated by the State Government from recognised scholars in Shia and Sunni Islamic Theology;

(e) one person from amongst Muslims, to be nominated by the State Government from amongst the officers of the State Government not below the rank of Joint Secretary to the State Government;]

6[(1A) No Minister of the Central Government or, as the case may be, a State Government, shall be elected or nominated as a member of the Board:

Provided that in case of a Union territory, the Board shall consist of not less than five and not more than seven members to be appointed by the Central Government from categories specified under sub-clauses (i) to (iv) of clause (b) or clauses (c) to (e) in sub-section (1):

Provided further that at least two Members appointed on the Board shall be women:

Provided also that in every case where the system of mutawalli exists, there shall be one mutawalli as the member of the Board.]

(2) Election of the members specified in clause (b) of sub-section (1) shall be held in accordance with the system of proportional representation by means of a single transferable vote, in such manner as may be prescribed:

Provided that where the number of Muslim Members of Parliament, the State Legislature or the State Bar Council, as the case may be, is only one, such Muslim Member shall be declared to have been elected on the Board:

Provided further that where there are no Muslim Members in any of the categories mentioned in sub-clauses (i) to (iii) of clause (b) of sub-section (1) the ex-Muslim Members of Parliament, the State Legislature or ex-member of the State Bar Council, as the case may be, shall constitute the electoral college.

(3) Notwithstanding anything contained in this section, where the State Government is satisfied, for reasons to be recorded in writing, that it is not reasonably practicable to constitute an electoral college for any of the categories mentioned in sub-clauses (i) to (iii) of clause (b) of sub-section (1), the State Government may nominate such persons as the members of the Board as it deems fit.

(4) The number of elected members of the Board shall, at all times, be more than the nominated members of the Board except as provided under sub-section (3).

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(6) In determining the number of Shia members or Sunni members of the Board, the State Government shall have regard to the number and value of Shia 8[auqaf] and Sunni 8[auqaf] to be administered by the Board and appointment of the members shall be made, so far as may be, in accordance with such determination.

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(8) Whenever the Board is constituted or reconstituted, the members of the Board present at a meeting convened for the purpose shall elect one from amongst themselves as the Chairperson of the Board.

(9) The members of the Board shall be appointed by the State Government by notification in the Official Gazette.

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Footnote -

1. Subs. by Act 27 of 2013, s. 4, for "wakfs" (w.e.f. 1-11-2013.

2. Subs. by s. 13, ibid., for 'the Union territory of Delhi" (w.e.f. 1-11-2013).

3. Subs. by s. 13, ibid., for sub-clause (iii) (w.e.f. 1-11-2013).

4. Ins. by s. 13, ibid. (w.e.f. 1-11-2013).

5. Subs. by s. 13, ibid., for clauses (c), (d) and (e) (w.e.f. 1-11-2013).

6. Ins. by Act 27 of 2013, s. 13 (w.e.f. 1-11-2913).

7. Sub-sections (5) and (7) omitted by s. 13, ibid. (w.e.f. 1-11-2013).

8. Subs. by s. 4, ibid., for "wakfs" (w.e.f. 1-11-2013).