Act 43 of 1995

The Waqf Act, 1995

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

  • Ministry of Minority Affairs
  • Enacted 1995-11-22
  • 119 sections
SectionTitle
1 Short title, extent and commencement. Read
2 Application of the Act. Read
3 Definitions. Read
4 Preliminary survey of auqaf. Read
5 Publication of list of auqaf. Read
6 Disputes regarding auqaf. Read
7 Power of Tribunal to determine disputes regarding auqaf. Read
8 State Government to bear cost of survey. Read
9 Establishment and constitution of Central Waqf Council. Read
10 Finance of Council. Read
11 Accounts and audit. Read
12 Power of Central Government to make rules. Read
13 Incorporation. Read
14 Composition of Board. Read
15 Term of office. Read
16 Disqualification for being appointed, or for continuing as, a member of the Board. Read
17 Meetings of the Board. Read
18 Committees of the Board. Read
19 Resignation of Chairperson and members. Read
20 Removal of Chairperson and member. Read
20A Removal of Chairperson by vote of no confidence. Read
21 Filling of a vacancy. Read
22 Vacancies, etc., not to invalidate proceedings of the Board. Read
23 Appointment of Chief Executive Officer and his term of office and other conditions of service. Read
24 Officers and other employees of the Board. Read
25 Duties and powers of Chief Executive Officer. Read
26 Powers of Chief Executive Officer in respect of orders or resolutions of Board. Read
27 Delegation of powers by the Board. Read
28 Power of District Magistrate, Additional District Magistrate or Sub-Divisional Magistrate to implement the directions of the Board. Read
29 Powers of Chief Executive Officer to inspect records, registers, etc. Read
30 Inspection of records. Read
31 Prevention of disqualification for membership of Parliament. Read
32 Powers and functions of the Board. Read
33 Powers of inspection by Chief Executive Officer or persons authorised by him. Read
34 Recovery of the amount determined under section 33. Read
35 Conditional attachment by Tribunal. Read
36 Registration. Read
37 Register of auqaf. Read
38 Powers of Board to appoint Executive Officer. Read
39 Powers of Board in relation to auqaf which have ceased to exist. Read
40 Decision if a property is waqf property. Read
41 Power to cause registration of waqf and to amend register. Read
42 Change in the management of auqaf to be notified. Read
43 Auqaf registered before the commencement of this Act deemed to be registered. Read
44 Budget. Read
45 Preparation of budget of auqaf under direct management of the Board. Read
46 Submission of Accounts of auqaf. Read
47 Audit of accounts of auqaf. Read
48 Board to pass orders on auditor's report. Read
49 Sums certified to be due recoverable as arrears of land revenue. Read
50 Duties of mutawalli. Read
51 Alienation of waqf property without sanction of Board to be void. Read
52 Recovery of waqf property transferred in contravention of section 51. Read
52A Penalty for alienation of waqf property without sanction of Board. Read
53 Restriction on purchase of property on behalf of waqf. Read
54 Removal of encroachment from waqf property. Read
55 Enforcement of orders made under section 54. Read
55A Disposal of property left on waqf property by unauthorised occupants. Read
56 Restriction on power to grant lease of waqf property. Read
57 Mutawalli entitled to pay certain costs from income of waqf property. Read
58 Power of Board to pay dues in case of default by mutawalli. Read
59 Creation of reserve fund. Read
60 Extension of time. Read
61 Penalties. Read
62 Mutawalli not to spend any money belonging to waqf for self defence. Read
63 Power to appoint mutawallis in certain cases. Read
64 Removal of mutawalli. Read
65 Assumption of direct management of certain auqaf by the Board. Read
66 Powers of appointment and removal of mutawalli when to be exercised by the State Government. Read
67 Supervision and supersession of committee of management. Read
68 Duty of mutawalli or committee to deliver possession of records, etc. Read
69 Power of Board to frame scheme for administration of waqf. Read
70 Inquiry relating to administration of waqf. Read
71 Manner of holding inquiry. Read
72 Annual contribution payable to Board. Read
73 Power of Chief Executive Officer to direct banks or other person to make payments. Read
74 Deduction of contribution from perpetual annuity payable to the waqf. Read
75 Power of board to borrow. Read
76 Mutawalli not to lend or borrow moneys without sanction. Read
77 Waqf Fund. Read
78 Budget of Board. Read
79 Accounts of Board. Read
80 Audit of accounts of Board. Read
81 State Government to pass orders on auditor's report. Read
82 Dues of Board to be recovered as arrears of land revenue. Read
83 Constitution of Tribunals, etc. Read
84 Tribunal to hold proceedings expeditiously and to furnish to the parties copies of its decision. Read
85 Bar of jurisdiction of civil courts. Read
86 Appointment of a receiver in certain cases. Read
87 Omitted. Read
88 Bar to challenge of validity of any notification, etc.Read
89 Notice of suits by parties against Board.Read
90 Notice of suits, etc., by courtsRead
91 Proceedings under the Act 1 of 1894.Read
92 Board to be party to suit or proceedingRead
93 Bar to compromise of suits by or against mutawalliRead
94 Power to make application to the Tribunal in case of failure of mutawalli to discharge his duties.Read
95 Power of appellate authority to entertain appeal after expiry of specified period.Read
96 Power of Central Government to regulate secular activities of auqaf.Read
97 Directions by State GovernmentRead
98 Annual report by State Government.Read
99 Power to supersede BoardRead
100 Protection of action taken in good faith.Read
101 Survey Commissioner, members and officers of the Board, deemed to be public servants.Read
102 Special provision for reorganisation of certain BoardsRead
103 Special provision for establishment of Board for part of a State.Read
104 Application of Act to properties given or donated by persons not professing Islam for support of certain waqf.Read
104A Prohibition of sale, gift, exchange, mortgage or transfer of waqf propertyRead
104B Restoration of waqf properties in occupation of Government agencies to waqf Board.Read
105 Power of Board and Chief Executive Officer to require copies of documents, etc., to be furnishedRead
106 Powers of Central Government to constitute common BoardsRead
107 Act 36 of 1963 not to apply for recovery of waqf properties.Read
108 Special provision as to evacuee waqf properties.Read
108A Act to have overriding effect.Read
109 Power to make rulesRead
110 Powers to make regulations by the Board.Read
111 Laying of rules and regulations before State LegislatureRead
112 Repeal and savingsRead
113 Power to remove difficulties.Read
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