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