Bare Acts

The Waqf Act, 1995

An Act to provide for the better administration of Auqaf and for matters connected therewith or incidental thereto.

English PDF

Act Details

Act Number:

Act Year:

1995

Location:

Lakshadweep

Enactment Date:

11/22/1995

Enforcement Date:

01-01-1996

Department:

Department of General Administration & Protocol

Full List of Sections

PRELIMINARY

Section 1 to Section 3

Section 1

Short title, extent and commencement.

Section 2

Application of the Act.

Section 3

Definitions.

SURVEY OF AUQAF

Section 4 to Section 8

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 to Section 12

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 to Section 35

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 to Section 43

Section 36

Registration.

Section 37

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 to Section 71

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 to Section 82

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 to Section 95

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 to Section 113

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.