DEBABRATA MOOKERJEE,J. - (1.) THESE two petitioners were! convicted by a Magistrate at Barasat under Section 57(1)(a) of the Bengal Wakf Act, 1934 and sentenced to pay a fine of Rs. 60/ - each, in default to suffer rigorous imprisonment for one month each. Upon appeal the convictions were upheld but the sentence was reduced in each case to a fine of Rs. 30/ -, in default to suffer simple imprisonment for three weeks by the Sessions Judge, 24 Parganas.
(2.) BRIEFLY stated the case against the petitioners is that they being Mutawallis of a certain Wakf estate failed to comply with the directions issued by the Wakf Commissioner for enrolment of the estate under the Bengal Wakf Act. It is contended before me on behalf of the petitioners that the convictions of the accused -petitioners are not maintainable in view of the provisions contained in the Bengal Wakf Act itself. There is hardly any dispute as respects the fact that the petitioners failed to comply with certain directions issued to them as regards the enrolment of the Wakf estate. Section 57(1)(a) of that Act! provides that if a mutawalli fails to apply for enrolment he shall, unless he satisfies the Court that there was reasonable cause for his failure, be punishable with fine which may extend to five hundred rupees. The word 'enrolment' is defined in Section 6(5) of the Act as meaning the enrolment of a wakf under Section 44. Section 44 provides that all wakfs existing at or created after the commencement of this Act shall be enrolled at the office of the Commissioner. Application for enrolment might be made by the mutawalli or any person interested may apply for such enrolment. The application is required to set out certain particulars in such form and manner as may be prescribed. Sub -section (6) of Section 44 says that in the case of 'wakfs' created before the date on which this section comes into force, application for enrolment shall be made within six months from that date and in the case of wakfs created after that date within six months from the date of the creation of the wakf. The proviso attached to Sub -section (6) does not fall to be considered. Sections 6 and 57 of the Act appear to have been brought into operation on the 14th of December, 1934 while Section 44 became operative on the 10th of February, 1936. There can, thus, be no doubt that these sections were in operation at the date of the commission of the offence.
(3.) SUB -section (6) of Section 44 makes it plain that it provides for two classes of cases, - first, wakfs in existence at the date of the commencement of the section and secondly, wakfs which may be created after the section was brought into force. In either case it is provided that the application has to be made within the time limit of six months, in one case from the date of the commencement of the section and in the other case from the date of the creation of the wakf.;