JUDGMENT D.S. Mathur, J. - This is a revision under Section 115 C.P.C. by the U.P. Sunni Central Waqf Board, Lucknow, (to be referred hereinafter as the Waqf Board) against the order dated 20-11-1963 of the Additional District Judge of Agra, allowing the application under Section 10 of the Religious Endowments Act (X of 1863) (to be referred hereinafter as the Endowments Act) and thereby filling in the vacancies among the members of the Managing Committee of the Dargah Sheikh Salim Chisti at Fatehpur Sikri within the district of Agra. 2. The case of Mohammad Alim Chisti, Sajjadanashin, in brief, is that in so far as the present Dargah is concerned, Section 10 of the Endowments Act is still applicable and does not stand repealed by the U.P. Muslim Wagfs Act, 1960 (U.P. Act XVI of 1960) (to be referred hereinafter as the Waqfs Act of 1960) . It was thus prayed that the vacancies among the members of the Committee be filled in by the Court. The application was opposed by the Waqf Board on the ground that the Committee came within the definition of "mutwalli" as contained in the Waqfs Act of 1960 and, consequently, the vacancies could be filled in by the Waqf Board, and not by the District judge in a proceeding under Section 10 of the Endowments Act. Naturally, it was also pleaded that Section 10 of the Endowments Act stood repealed and no such application was maintainable after the commencement of the Wagfs Act of 1960. 3. To consider the nature of the Committee it shall be necessary to refer to the provisions of the Bengal Regulation XIX of 1810 and also of the Endowments Act and the Wapfs Act of 1960. The Madras Regulation VII of 1817 was not available, but as appears from the Hindu Law of Religious and Charitable Trust by B. K. Mukherjee, the Regulations, one of Bengal and the other of Madras, contain in substance similar provisions. In this order I shall, therefore, make a reference to the Bengal Regulation only and not to the Madras Regulations. 4. In this order I shall, therefore, make a reference to the Bengal Regulation only and not to the Madras Regulations. 4. As would appear from Bengal Regulation XIX of 1810, it was considered as an important duty of every Government to provide that endowments be applied according to the real intent and will of the grant or and with this intention in mind the power of general superintendence of all lands granted for the support of mos ques, Hindoo temples, colleges and for other pious and beneficial purposes and of all public buildings, such as a bridges, serays, kuttras and other edifices, was vested in the Board of Revenue and the Board of Commissioners (vide Clause II the Regulation). The duty of the board of Revenue and the Board of Commissioner was, as laid down in Clause .111 thereof, to take care that endow me made for the maintenance of establishments of the above descriptions were duly appropriated to the purpose for which they were destined by the Government or individual by whom such endowments were granted. It was also their duty to provide, with the sanction of the Government, for the due repair and maintenance of all public edifices which had been erected, either at the expense of the former or the then Government or individuals, and which were or could conveniently be rendered conducive to the convenience of the community. The other duties and powers of the Board are enumerated in the subsequent clauses which it is not necessary to reproduce in this order. 5. Under Clause VIII of the Regulation the Board of Revenue and the Board of Commissioners could appoint local agents in each district subject to the authority, control and order of the Board to enable the Board to carry into effect the duties entrusted to it by this Regulation. Duties of local agents so appointed are enumerated in clauses X to XIII of the Regulation. To put in brief, the Board of Revenue discharged its duties imposed under Regulation XIX of 1810 through and with the assistance of local agents and the local agents functioned under the control and authority of the Board. The power exercised by the Board of Revenue and the local agents was thus of a supervisory character to ensure that the endowments were applied according to the real intent and will of the grantor. 6. The power exercised by the Board of Revenue and the local agents was thus of a supervisory character to ensure that the endowments were applied according to the real intent and will of the grantor. 6. In 1863 it was considered necessary to take away the above power of the Board of Revenue and the local agents. It appears that the underlying idea was that public and religious endowments be managed by persons interested in such endowments free from official influence. The provisions of the Endowments Act, however, make it clear that this Act was to apply to only such establishments as were governed by the aforementioned Regulations, and such establishments were divided in two groups one in which nomination of the trustee, manager or superintendent thereof was vested in, or could be exercised by, the Government or any public officer, or in which the nomination of such trustee, manager or superintendent was subject to the information of the Government or any public officer. These are the establishments covered by Section 3 of the Act. The other category is of the remaining establishments earlier governed by the Regulations. 7. There exist separate provisions for each category of the establishments and to understand the power of the Committee appointed under Section 7 of the Endowments Act it shall be necessary to refer to the various provisions of this Act, to lay down to what extent the Committee is distinct from a trustee, manager or superintendent of the establishment and also whether the Committee has the same powers as the Waqfs Board or the Committee had additional responsibilities placed upon it under the Endowments Act. 8. Section 3 of the Endowments Act applies to a masque, temple or other religious establishment to which the provisions of Bengal Regulation XIX of 1810 or Madras Regulation VII of 1817 were applicable, and further, nomination of the trustee, manager or superintendent thereof, at the time of the passing of the Endowments Act, was vested in, or could be exercised by, the Government or any public officer, or in which the nomination of such trustee. manager or superintendent was subject to the confirmation of the Government or any public officer. This section does not apply to mosques, temples, or other religious establishments not governed by either of the aforementioned Regulations. manager or superintendent was subject to the confirmation of the Government or any public officer. This section does not apply to mosques, temples, or other religious establishments not governed by either of the aforementioned Regulations. Consequently, for purposes of the Endowments Act, mosques, temples, or other religious establishments can be divided in two main groups-one to which the provisions of either of the Regulations were applicable and the other to which the provisions of these Regulations did not apply. Further, the first group can be sub-divided into two subgroups depending upon the mode of nomination or appointment of the trustee, manager or superintendent. Section 3 applies to religious establishments falling in the first sub-group in which nomination of trustee, manager or superintendent thereof was vested in, or was exercised by or was subject to the confirmation of the Government or any public officer. 9. Section 4 of the Endowments act speaks of "such masque, temple or other religious establishment". On reading Sections 3 and 9 together it shall have to be held that the word "such" has reference to the first part of Section 3, meaning thereby that the mosque, temple or other religious establishment must be one to which the provisions of either of the two Regulations were applicable. Further, Section 4 shall be applicable to those establishments of the above kind which were under the management of a trustee, manager or superintendent whose nomination did not vest in, nor was exercised by, nor was subject to the confirmation of, the Government or any public officer. 10. In case of establishment covered b) Section 3 of the Endowments Act it was necessary for the State Government to proceed under Section 7 of the Act and to appoint, once for all, one or more committees in every division or district to take the place, and to exercise the powers, of the Board of Revenue and the local agents under the afore-mentioned Regulations repealed the Endowments Act. Such committee was to consist of three or more persons and to perform all the duties imposed on the Board and local agents, except in respect of any property which was specifically provided for under Section 21 of this Act. Sec 8 of the Endowments Act details the qualifications of the members of the committee, Section 9 of the tenure of office; and Section 11 how the vacancies shall be filled in. Sec 8 of the Endowments Act details the qualifications of the members of the committee, Section 9 of the tenure of office; and Section 11 how the vacancies shall be filled in. Sec. 11 of the Endowments Act provides that: "Now member of a committee appointed under this Act shall be capable of being, or shall act, also as a trustee, manage or superintendent of the mosque, temple or other religious establishment for the management of which such committee sh have been appointed". 11. On the appointment of the committee the Board of Revenue and the local age ceased to exercise the functions as signed to them under the Regulations and the, were to transfer to such committee a. landed or other property belonging to the establishment, vide Section 12. Section 13 of the Endowments Act details the duty of trustee, manager and superintendent of a mosque temple or religious establishments, and all of every committee of management appointed or acting under the authority of this Act. It was the duty of every trustee, manager or superintendent to keep regular accounts of his receipts and disbursements in respect of the endowments and expenses of such mosque, temple or religious establishment. The duty of the committee of management appointed or acting under the authority of this Act, however, was to require from every trustee, manager and superintendent the production of regular accounts of receipts and disbursements at least once in every year and to keep with itself such accounts. 12. The committee appointed under Section 7 of the Endowments Act, which has been referred to as the committee of management in the second part of Section 13, and which, is, under Section 11, for the due management of the mosque, temple or other religious establishment, is thus distinct from the trustee, manager and superintendent thereof; and as provided in Section 7, performs all the duties imposed on the Board of Revenue and the local agents under the two Regulations referred to above. The power exercised by the committee was thus the power of superintendence which was, under clause of Bengal Regulations XIX of 1810, vested in the Board of Revenue, a power which was exercised by the Board through the local agents. In addition, the committee was the custodian of the accounts submitted by the trustee, manager, or superintendent of the mosque, temple or religious establishment. 13. In addition, the committee was the custodian of the accounts submitted by the trustee, manager, or superintendent of the mosque, temple or religious establishment. 13. No committee was appointed for establishments not covered by Section 3 of the Endowments Act, and in case of such an establishment the properties was straight off transferred to the trustee, manager or superintendent thereof and such trustee, manager or superintendent exercised his functions independent of any supervisory body like the committee appointed under Section 7 of the Endowments Act. 14. When the U. P. Muslim Waqfs Act, 1936, (U. P. Act No. XIII of 1936) was passed, the provisions of Section 5 of the Endowments Act were made inapplicable to any wagf to which the U.P. Muslim Waqfs Act, 1936, applied, see Section 69 of the U.P. Muslim Waqfs Act, 1936. No provision similar to Section 69 of the U.P. Muslim Waqfs Act, 1936, was incorporated in the Waqfs Act of 1960; but it was provided in Section 85 (1) thereof that 'nothing in any other enactment, which is inconsistent with the provisions of this Act, shall apply to any waqfs to which this Act applies." The committee appointed under Section 7 of the Endowments act shall thus stand discharged and no vacancy among the members thereof can be filled in a proceeding under Section 10 of the Endowments Act, if the continuance in office of the members of the committee is inconsistent with the provisions of the Waqfs Act of 1960. If the continuance of the committee is partly inconsistent with the provisions of the Waqfs Act of 1960, the committee shall not be able to discharge those functions though it can easily discharge the other functions. 15. The word 'mutwalli' has been defined in Section 3 (5) of the Wagfs Act of 1960 to mean a manager of a waqf or endowment and to include an amin, a sajjadanashin, a khaditn, naih-mutwalli and a committee of management and also any person who is for the time being in charge of, or administering any endowment as such. They are persons, whether individuals or members of a committee, in charge of or administering any endowment who are, within the meaning of the Wagfs Act of 1960, mutwallis. They are persons, whether individuals or members of a committee, in charge of or administering any endowment who are, within the meaning of the Wagfs Act of 1960, mutwallis. A committee enjoying the powers of superintendence cannot be said to be in-charge of or administering an endowment, otherwise the Waqf Board constituted under the Waqfs Act of 1960 shall also become a mutwalli. 16. It is true that in Section 13 of the Endowments Act the committee has been referred to as the committee of management and Section 11 thereof speaks of the appointment of the committee for the management of the establishment; but the Endowments Act read as a whole makes it clear that in the two provisions the word "management" has been used loosely. None of these provisions can over-ride the effect of Sections 7 and 12 of the Endowments Act; namely, that the object of the constitution of the committee was to confer on it the power of superintendent which was, under the Regulations, vested in the Board of Revenue and the local agents. The committee haying been constituted to exercise supervision over the waqfs shall not, in the eye of law, be a mutwalli. This power of the committee is akin to the power of the Waqf Board detailed in Section 19 of the Waqf Act of 1960. 'Sec. 19 clearly provides that "the general superintendence of all waqfs to which this Act applies, shall vest in the Board." These words are similar to clause II of the Bengal Regulation XIX of 1810, a power which was under the Endowments Act conferred on the committee. It is thus apparent that the general power of superintendence conferred on the committee constituted under Section 7 of the Endowments Act has now been vested in the Waqf Board constituted under the Wagfs Act of 1960. Two independent bodies cannot exercise the same general power of superintendence, otherwise confusion shall arise if the Waqf Board and the Committee take a different view. Two independent bodies cannot exercise the same general power of superintendence, otherwise confusion shall arise if the Waqf Board and the Committee take a different view. The continuance of the Committee for the general supervision of waqfs is therefore inconsistent with the provisions of Section 19 of the Wagfs Act of 1960 and, in such circumstances the corresponding provisions of the Endowments Act, being inconsistent with the provisions of the Waqfs Act of 1960, shall stand repealed and the committee appointed under Section 7 of the Endowments Act cannot discharge the general power of supervision and superintendence of waqfs to which the Waqfs Act of 1960 applies. The Committee, if it continues to function; shall have to abide by the orders of the Wagfs Board passed under the provisions of this Act. 17. As already mentioned above, Section 13 of the Endowments Act ousts an additional responsibility on the Committee in that it has to keep in its custody accounts regularly submitted by the trustee, manager or superintendent of the mosque, or religious establishment. There is no provision in the Waqfs Act of 1960, corresponding to Section 13 of the Endowments Act, which can be said to be inconsistent therewith. Clauses (g) and (i) of Section 19 (2) of the Waqfs Act of 1960 merely empower the' Waqf Board to inspect or cause inspection of Waqf accounts and to arrange for the auditing of accounts submitted or required to be submitted by the mutwallis. After inspection or audit, as the case may be, the accounts are returned to and remain in the custody of the mutwalli. Consequently, the committee constituted under Section 7 of the Endowments Act can, without breach of the provisions of the Waqfs Act of 1960, keep in its charge the accounts of waqf properties though it shall be necessary for the Committee to permit the Waqf Board to inspect or cause inspection thereof and to arrange for their audit. 18. Under Section 27 of the Waqfs Act of 1960 the Waqf Board can, whenever considered necessary, establish in any local area a sub-committee for the supervision of any waqf, or waqfs generally, in that area, and the constitution, functions and duties of the sub-committee shall be such as may be prescribed by the Waqf Board. 18. Under Section 27 of the Waqfs Act of 1960 the Waqf Board can, whenever considered necessary, establish in any local area a sub-committee for the supervision of any waqf, or waqfs generally, in that area, and the constitution, functions and duties of the sub-committee shall be such as may be prescribed by the Waqf Board. The sub-committee constituted under Section 27 thus exercises a delegated authority and to the extent of the powers delegated, acts for the Waqfs Board. When the Waqfs Board itself cannot act as custodian of the accounts of waqfs properties no such power can be delegated to the sub-committee and, in the circumstances, the committee appointed under Section 7 of the Endowments Act can continue to keep accounts in its possession and charge. 19. To sum up, the continuance in office of the members of the committee constituted under Section 7 of the Religious Endowments Act (XVIII of 1963) is not wholly inconsistent with the provisions of the U. P. Muslims Waqfs Act, 1960, and such a committee can discharge those functions which have not, under the provisions of the U. P. Muslim Wagfs Act, 1960, vested in the Board constituted thereunder. When the committee constituted under Section 7 of the Religious Endowments Act, 1963, can continue to discharge some of the functions assigned to it under this Act, the District judge can entertain an application under Section 10 thereof and can fill the vacancy among the members of the committee, The order under revision is thus not with. out jurisdiction. 20. The revision is hereby dismissed with costs. Stay order is vacated. The record all returned to the lower court early.