The Waqf Act `1995

An Act to provide for the better administration of Auqaf and for matters connected therewith or incidental thereto.
1995
List of Chapters & Sections
  1. All sections

  2. 1
     Short title, extent and commencement
  3. 2
     Application of the Act
  4. 3
     Definitions
  5. 4
     Preliminary survey of auqaf
  6. 5
     Publication of list of auqaf
  7. 6
     Disputes regarding auqaf
  8. 7
     Power of Tribunal to determine disputes regarding auqaf
  9. 8
     State Government to bear cost of survey
  10. 9
     Establishment and constitution of Central Waqf Council
  11. 10
     Finance of Council
  12. 11
     Accounts and audit
  13. 12
     Power of Central Government to make rules
  14. 13
     Incorporation
  15. 14
     Composition of Board
  16. 15
     Term of office
  17. 16
     Disqualification for being appointed, or for continuing as, a member of the Board
  18. 17
     Meetings of the Board
  19. 18
     Committees of the Board
  20. 19
     Resignation of Chairperson and members
  21. 20
     Removal of Chairperson and member
  22. 20A
     Removal of Chairperson by vote of no confidence
  23. 21
     Filling of a vacancy
  24. 22
     Vacancies, etc., not to invalidate proceedings of the Board
  25. 23
     Appointment of Chief Executive Officer and his term of office and other conditions of service
  26. 24
     Officers and other employees of the Board
  27. 25
     Duties and powers of Chief Executive Officer
  28. 26
     Powers of Chief Executive Officer in respect of orders or resolutions of Board
  29. 27
     Delegation of powers by the Board
  30. 28
     Power of District Magistrate, Additional District Magistrate or Sub-Divisional Magistrate to implement the directions of the Board
  31. 29
     Powers of Chief Executive Officer to inspect records, registers, etc
  32. 30
     Inspection of records
  33. 31
     Prevention of disqualification for membership of Parliament
  34. 32
     Powers and functions of the Board
  35. 33
     Powers of inspection by Chief Executive Officer or persons authorised by him
  36. 34
     Recovery of the amount determined under section 33
  37. 35
     Conditional attachment by Tribunal
  38. 36
     Registration
  39. 37
     Register of auqaf
  40. 38
     Powers of Board to appoint Executive Officer
  41. 39
     Powers of Board in relation to auqaf which have ceased to exist
  42. 40
     Decision if a property is waqf property
  43. 41
     Power to cause registration of waqf and to amend register
  44. 42
     Change in the management of auqaf to be notified
  45. 43
     Auqaf registered before the commencement of this Act deemed to be registered
  46. 44
     Budget
  47. 45
     Preparation of budget of auqaf under direct management of the Board
  48. 46
     Submission of Accounts of auqaf
  49. 47
     Audit of accounts of auqaf
  50. 48
     Board to pass orders on auditor's report
  51. 49
     Sums certified to be due recoverable as arrears of land revenue
  52. 50
     Duties of mutawalli
  53. 51
     Alienation of waqf property without sanction of Board to be void
  54. 52
     Recovery of waqf property transferred in contravention of section 51
  55. 52A
     Penalty for alienation of waqf property without sanction of Board
  56. 53
     Restriction on purchase of property on behalf of waqf
  57. 54
     Removal of encroachment from waqf property
  58. 55
     Enforcement of orders made under section 54
  59. 55A
     Disposal of property left on waqf property by unauthorised occupants
  60. 56
     Restriction on power to grant lease of waqf property
  61. 57
     Mutawalli entitled to pay certain costs from income of waqf property
  62. 58
     Power of Board to pay dues in case of default by mutawalli
  63. 59
     Creation of reserve fund
  64. 60
     Extension of time
  65. 61
     Penalties
  66. 62
     Mutawalli not to spend any money belonging to waqf for self defence
  67. 63
     Power to appoint mutawallis in certain cases
  68. 64
     Removal of mutawalli
  69. 65
     Assumption of direct management of certain auqaf by the Board
  70. 66
     Powers of appointment and removal of mutawalli when to be exercised by the State Government
  71. 67
     Supervision and supersession of committee of management
  72. 68
     Duty of mutawalli or committee to deliver possession of records, etc
  73. 69
     Power of Board to frame scheme for administration of waqf
  74. 70
     Inquiry relating to administration of waqf
  75. 71
     Manner of holding inquiry
  76. 72
     Annual contribution payable to Board
  77. 73
     Power of Chief Executive Officer to direct banks or other person to make payments
  78. 74
     Deduction of contribution from perpetual annuity payable to the waqf
  79. 75
     Power of board to borrow
  80. 76
     Mutawalli not to lend or borrow moneys without sanction
  81. 77
     Waqf Fund
  82. 78
     Budget of Board
  83. 79
     Accounts of Board
  84. 80
     Audit of accounts of Board
  85. 81
     State Government to pass orders on auditor's report
  86. 82
     Dues of Board to be recovered as arrears of land revenue
  87. 83
     Constitution of Tribunals, etc
  88. 84
     Tribunal to hold proceedings expeditiously and to furnish to the parties copies of its decision
  89. 85
     Bar of jurisdiction of civil courts
  90. 86
     Appointment of a receiver in certain cases
  91. 87
     Omitted
  92. 88
     Bar to challenge of validity of any notification, etc
  93. 89
     Notice of suits by parties against Board
  94. 90
     Notice of suits, etc., by court
  95. 91
     Proceedings under the Act 1 of 1894
  96. 92
     Board to be party to suit or proceedin
  97. 93
     Bar to compromise of suits by or against mutawall
  98. 94
     Power to make application to the Tribunal in case of failure of mutawalli to discharge his duties
  99. 95
     Power of appellate authority to entertain appeal after expiry of specified period
  100. 96
     Power of Central Government to regulate secular activities of auqaf
  101. 97
     Directions by State Governmen
  102. 98
     Annual report by State Government
  103. 99
     Power to supersede Boar
  104. 100
     Protection of action taken in good faith
  105. 101
     Survey Commissioner, members and officers of the Board, deemed to be public servants
  106. 102
     Special provision for reorganisation of certain Board
  107. 103
     Special provision for establishment of Board for part of a State
  108. 104
     Application of Act to properties given or donated by persons not professing Islam for support of certain waqf
  109. 104A
     Prohibition of sale, gift, exchange, mortgage or transfer of waqf propert
  110. 104B
     Restoration of waqf properties in occupation of Government agencies to waqf Board
  111. 105
     Power of Board and Chief Executive Officer to require copies of documents, etc., to be furnishe
  112. 106
     Powers of Central Government to constitute common Board
  113. 107
     Act 36 of 1963 not to apply for recovery of waqf properties
  114. 108
     Special provision as to evacuee waqf properties
  115. 108A
     Act to have overriding effect
  116. 109
     Power to make rule
  117. 110
     Powers to make regulations by the Board
  118. 111
     Laying of rules and regulations before State Legislatur
  119. 112
     Repeal and saving
  120. 113
     Power to remove difficulties