The Waqf Act
An Act to provide for the better administration of Auqaf and for matters connected therewith or incidental thereto.1995
List of Chapters & Sections
All sections
1Short title, extent and commencement2Application of the Act3Definitions4Preliminary survey of auqaf5Publication of list of auqaf6Disputes regarding auqaf7Power of Tribunal to determine disputes regarding auqaf8State Government to bear cost of survey9Establishment and constitution of Central Waqf Council10Finance of Council11Accounts and audit12Power of Central Government to make rules13Incorporation14Composition of Board15Term of office16Disqualification for being appointed, or for continuing as, a member of the Board17Meetings of the Board18Committees of the Board19Resignation of Chairperson and members20Removal of Chairperson and member20ARemoval of Chairperson by vote of no confidence21Filling of a vacancy22Vacancies, etc., not to invalidate proceedings of the Board23Appointment of Chief Executive Officer and his term of office and other conditions of service24Officers and other employees of the Board25Duties and powers of Chief Executive Officer26Powers of Chief Executive Officer in respect of orders or resolutions of Board27Delegation of powers by the Board28Power of District Magistrate, Additional District Magistrate or Sub-Divisional Magistrate to implement the directions of the Board29Powers of Chief Executive Officer to inspect records, registers, etc30Inspection of records31Prevention of disqualification for membership of Parliament32Powers and functions of the Board33Powers of inspection by Chief Executive Officer or persons authorised by him34Recovery of the amount determined under section 3335Conditional attachment by Tribunal36Registration37Register of auqaf38Powers of Board to appoint Executive Officer39Powers of Board in relation to auqaf which have ceased to exist40Decision if a property is waqf property41Power to cause registration of waqf and to amend register42Change in the management of auqaf to be notified43Auqaf registered before the commencement of this Act deemed to be registered44Budget45Preparation of budget of auqaf under direct management of the Board46Submission of Accounts of auqaf47Audit of accounts of auqaf48Board to pass orders on auditor's report49Sums certified to be due recoverable as arrears of land revenue50Duties of mutawalli51Alienation of waqf property without sanction of Board to be void52Recovery of waqf property transferred in contravention of section 5152APenalty for alienation of waqf property without sanction of Board53Restriction on purchase of property on behalf of waqf54Removal of encroachment from waqf property55Enforcement of orders made under section 5455ADisposal of property left on waqf property by unauthorised occupants56Restriction on power to grant lease of waqf property57Mutawalli entitled to pay certain costs from income of waqf property58Power of Board to pay dues in case of default by mutawalli59Creation of reserve fund60Extension of time61Penalties62Mutawalli not to spend any money belonging to waqf for self defence63Power to appoint mutawallis in certain cases64Removal of mutawalli65Assumption of direct management of certain auqaf by the Board66Powers of appointment and removal of mutawalli when to be exercised by the State Government67Supervision and supersession of committee of management68Duty of mutawalli or committee to deliver possession of records, etc69Power of Board to frame scheme for administration of waqf70Inquiry relating to administration of waqf71Manner of holding inquiry72Annual contribution payable to Board73Power of Chief Executive Officer to direct banks or other person to make payments74Deduction of contribution from perpetual annuity payable to the waqf75Power of board to borrow76Mutawalli not to lend or borrow moneys without sanction77Waqf Fund78Budget of Board79Accounts of Board80Audit of accounts of Board81State Government to pass orders on auditor's report82Dues of Board to be recovered as arrears of land revenue83Constitution of Tribunals, etc84Tribunal to hold proceedings expeditiously and to furnish to the parties copies of its decision85Bar of jurisdiction of civil courts86Appointment of a receiver in certain cases87Omitted88Bar to challenge of validity of any notification, etc89Notice of suits by parties against Board90Notice of suits, etc., by court91Proceedings under the Act 1 of 189492Board to be party to suit or proceedin93Bar to compromise of suits by or against mutawall94Power to make application to the Tribunal in case of failure of mutawalli to discharge his duties95Power of appellate authority to entertain appeal after expiry of specified period96Power of Central Government to regulate secular activities of auqaf97Directions by State Governmen98Annual report by State Government99Power to supersede Boar100Protection of action taken in good faith101Survey Commissioner, members and officers of the Board, deemed to be public servants102Special provision for reorganisation of certain Board103Special provision for establishment of Board for part of a State104Application of Act to properties given or donated by persons not professing Islam for support of certain waqf104AProhibition of sale, gift, exchange, mortgage or transfer of waqf propert104BRestoration of waqf properties in occupation of Government agencies to waqf Board105Power of Board and Chief Executive Officer to require copies of documents, etc., to be furnishe106Powers of Central Government to constitute common Board107Act 36 of 1963 not to apply for recovery of waqf properties108Special provision as to evacuee waqf properties108AAct to have overriding effect109Power to make rule110Powers to make regulations by the Board111Laying of rules and regulations before State Legislatur112Repeal and saving113Power to remove difficulties