Section 39. In section 41 of the principal Act,

39. In section 41 of the principal Act,— (a) in sub-section (1), for the words "fine which may extend to one thousand rupees", the words "fine which may extend to two thousand rupees" shall be substituted; (b) after sub-section (1), the following sub-section shall be inserted, namely:— "(1A) Notwithstanding anything contained in sub-section (1), if,— (a) a mutawalli omits or fails, with a view to concealing the existence of a wakf, to apply for its registration under this Act,— (i) in the case of a wakf created before the commencement of the Wakf (Amendment) Act, 1984, within of 1984] Wakf (Amendment) 685 the period specified therefor in sub-section (8) of section 25 or within a period of one month from such commencement, whichever period expires later; or (ii) in the case of any wakf created after such commencement, within three months from the date of the creation of the wakf; or (b) a mutawalli furnishes any statement, return or information to the Wakf Commissioner or the Board, as the case may be, which he knows or has reason to believe to be false, misleading, untrue or incorrect in any material particular, he shall be punishable with imprisonment for a term which may extend to six months and also with fine which may extend to five thousand rupees."; (c) in sub-section (2), for the words "made by the Board or an officer duly authorised by the Board", the words "made by the Board or the Wakf Commissioner or by an officer duly authorised by the Board or the Wakf Commissioner" shall be substituted; (d) in sub-section (3), for the words "presidency magistrate or a magistrate of the first class", the words "Metropolitan Magistrate or a Judicial Magistrate of the first class" shall be substituted; (e) after sub-section (3), the following sub-sections shall be inserted, namely:— "(4) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, the fine imposed under sub-section (1), when realised, shall be credited to the Wakf Fund. (5) In every case where an offender is convicted after the commencement of the Wakf (Amendment) Act, 1984, of an offence punishable under sub-section (1) and sentenced to a fine, the court shall also impose such term of imprisonment in default of payment of fine as is authorised by law for such default.". 2 of 1974.