THE WAQF ACT, 1995

ACT NO. 43 OF 1995 · Enacted [22nd November, 1995.] · 119 sections

PRELIMINARY

Section 1.Short title, extent and commencement.

Section 2.Application of the Act.

Section 3.Definitions.

SURVEY OF AUQAF

Section 4.Preliminary survey of auqaf.

Section 5.Publication of list of auqaf.

Section 6.Disputes regarding auqaf.

Section 7.Power of Tribunal to determine disputes regarding auqaf.

Section 8.State Government to bear cost of survey.

CENTRAL WAQF COUNCIL

Section 9.Establishment and constitution of Central Waqf Council.

Section 10.Finance of Council.

Section 11.Accounts and audit.

Section 12.Power of Central Government to make rules.

ESTABLISHMENT OF BOARDS AND THEIR FUNCTIONS

Section 13.Incorporation.

Section 14.Composition of Board.

Section 15.Term of office.

Section 16.Disqualification for being appointed, or for continuing as, a member of the Board.

Section 17.Meetings of the Board.

Section 18.Committees of the Board.

Section 19.Resignation of Chairperson and members.

Section 20.Removal of Chairperson and member.

Section 20A.Removal of Chairperson by vote of no confidence.

Section 21.Filling of a vacancy.

Section 22.Vacancies, etc., not to invalidate proceedings of the Board.

Section 23.Appointment of Chief Executive Officer and his term of office and other conditions of service.

Section 24.Officers and other employees of the Board.

Section 25.Duties and powers of Chief Executive Officer.

Section 26.Powers of Chief Executive Officer in respect of orders or resolutions of Board.

Section 27.Delegation of powers by the Board.

Section 28.Power of District Magistrate, Additional District Magistrate or Sub-Divisional Magistrate to implement the directions of the Board.

Section 29.Powers of Chief Executive Officer to inspect records, registers, etc.

Section 30.Inspection of records.

Section 31.Prevention of disqualification for membership of Parliament.

Section 32.Powers and functions of the Board.

Section 33.Powers of inspection by Chief Executive Officer or persons authorised by him.

Section 34.Recovery of the amount determined under section 33.

Section 35.Conditional attachment by Tribunal.

REGISTRATION OF AUQAF

Section 36.Registration.

Section 37.Register of auqaf.

Section 38.Powers of Board to appoint Executive Officer.

Section 39.Powers of Board in relation to auqaf which have ceased to exist.

Section 40.Decision if a property is waqf property.

Section 41.Power to cause registration of waqf and to amend register.

Section 42.Change in the management of auqaf to be notified.

Section 43.Auqaf registered before the commencement of this Act deemed to be registered.

MAINTENANCE OF ACCOUNTS OF AUQAF

Section 44.Budget.

Section 45.Preparation of budget of auqaf under direct management of the Board.

Section 46.Submission of Accounts of auqaf.

Section 47.Audit of accounts of auqaf.

Section 48.Board to pass orders on auditor’s report.

Section 49.Sums certified to be due recoverable as arrears of land revenue.

Section 50.Duties of mutawalli.

Section 51.Alienation of waqf property without sanction of Board to be void.

Section 52.Recovery of waqf property transferred in contravention of section 51.

Section 52A.Penalty for alienation of waqf property without sanction of Board.

Section 53.Restriction on purchase of property on behalf of waqf.

Section 54.Removal of encroachment from waqf property.

Section 55.Enforcement of orders made under section 54.

Section 55A.Disposal of property left on waqf property by unauthorised occupants.

Section 56.Restriction on power to grant lease of waqf property.

Section 57.Mutawalli entitled to pay certain costs from income of waqf property.

Section 58.Power of Board to pay dues in case of default by mutawalli.

Section 59.Creation of reserve fund.

Section 60.Extension of time.

Section 61.Penalties.

Section 62.Mutawalli not to spend any money belonging to waqf for self defence.

Section 63.Power to appoint mutawallis in certain cases.

Section 64.Removal of mutawalli.

Section 65.Assumption of direct management of certain auqaf by the Board.

Section 66.Powers of appointment and removal of mutawalli when to be exercised by the State Government.

Section 67.Supervision and supersession of committee of management.

Section 68.Duty of mutawalli or committee to deliver possession of records, etc.

Section 69.Power of Board to frame scheme for administration of waqf.

Section 70.Inquiry relating to administration of waqf.

Section 71.Manner of holding inquiry.

FINANCE OF THE BOARD

Section 72.Annual contribution payable to Board.

Section 73.Power of Chief Executive Officer to direct banks or other person to make payments.

Section 74.Deduction of contribution from perpetual annuity payable to the waqf.

Section 75.Power of board to borrow.

Section 76.Mutawalli not to lend or borrow moneys without sanction.

Section 77.Waqf Fund.

Section 78.Budget of Board.

Section 79.Accounts of Board.

Section 80.Audit of accounts of Board.

Section 81.State Government to pass orders on auditor’s report.

Section 82.Dues of Board to be recovered as arrears of land revenue.

JUDICIAL PROCEEDINGS

Section 83.Constitution of Tribunals, etc.

Section 84.Tribunal to hold proceedings expeditiously and to furnish to the parties copies of its decision.

Section 85.Bar of jurisdiction of civil courts.

Section 86.Appointment of a receiver in certain cases.

Section 87.[Omitted.].

Section 88.Bar to challenge of validity of any notification, etc.

Section 89.Notice of suits by parties against Board.

Section 90.Notice of suits, etc., by courts.

Section 91.Proceedings under the Act 1 of 1894.

Section 92.Board to be party to suit or proceeding.

Section 93.Bar to compromise of suits by or against mutawalli.

Section 94.Power to make application to the Tribunal in case of failure of mutawalli to discharge his duties.

Section 95.Power of appellate authority to entertain appeal after expiry of specified period.

MISCELLANEOUS

Section 96.Power of Central Government to regulate secular activities of auqaf.

Section 97.Directions by State Government.

Section 98.Annual report by State Government.

Section 99.Power to supersede Board.

Section 100.Protection of action taken in good faith.

Section 101.Survey Commissioner, members and officers of the Board, deemed to be public servants.

Section 102.Special provision for reorganisation of certain Boards.

Section 103.Special provision for establishment of Board for part of a State.

Section 104.Application of Act to properties given or donated by persons not professing Islam for support of certain waqf.

Section 104A.Prohibition of sale, gift, exchange, mortgage or transfer of waqf property.

Section 104B.Restoration of waqf properties in occupation of Government agencies to waqf Board.

Section 105.Power of Board and Chief Executive Officer to require copies of documents, etc., to be furnished.

Section 106.Powers of Central Government to constitute common Boards.

Section 107.Act 36 of 1963 not to apply for recovery of waqf properties.

Section 108.Special provision as to evacuee waqf properties.

Section 108A.Act to have overriding effect.

Section 109.Power to make rules.

Section 110.Powers to make regulations by the Board.

Section 111.Laying of rules and regulations before State Legislature.

Section 112.Repeal and savings.

Section 113.Power to remove difficulties.