The Waqf Act, 1995

Preamble

THE WAQF ACT, 1995 ARRANGEMENT OF SECTIONS CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Application of the Act. 3. Definitions. CHAPTER II SURVEY OF AUQAF 4. Preliminary survey of auqaf. 5. Publication of list of auqaf. 6. Disputes regarding auqaf. 7. Power of Tribunal to determine disputes regarding auqaf. 8. State Government to bear cost of survey. CHAPTER 19a de III CENTRAL WAQF COUNCIL 9. Establishment and constitution of Central Waqf Council. 10. Finance of Council. 11. Accounts and audit. 12. Power of Central Government to make rules. CHAPTER IV ESTABLISHMENT OF BOARDS AND THEIR FUNCTIONS 13. Incorporation. 14. Composition of Board. 15. Term of office. 16. Disqualification for being appointed, or for continuing as, a member of the Board. 17. Meetings of the Board. 18. Committees of the Board. 19. Resignation of Chairperson and members. 20. Removal of Chairperson and member. 20A. Removal of Chairperson by vote of no confidence. 21. Filling of a vacancy. 22. Vacancies, etc., not to invalidate proceedings of the Board. 23. Appointment of Chief Executive Officer and his term of office and other conditions of service. 24. Officers and other employees of the Board. 25. Duties and powers of Chief Executive Officer. 26. Powers of Chief Executive Officer in respect of orders or resolutions of Board. 27. Delegation of powers by the Board. 28. Power of District Magistrate, Additional District Magistrate or Sub-Divisional Magistrate to implement the directions of the Board. 29. Powers of Chief Executive Officer to inspect records, registers, etc. SECTIONS 30. Inspection of records. 31. Prevention of disqualification for membership of Parliament. 32. Powers and functions of the Board. 33. Powers of inspection by Chief Executive Officer or persons authorised by him. 34. Recovery of the amount determined under section 33. 35. Conditional attachment by Tribunal. CHAPTER V REGISTRATION OF AUQAF 36. Registration. 37. Register of auqaf. 38. Powers of Board to appoint Executive Officer. 39. Powers of Board in relation to auqaf which have ceased to exist. 40. Decision if a property is waqf property. 41. Power to cause registration of waqf and to amend register. 42. Change in the management of auqaf to be notified. 43. Auqaf registered before the commencement of this Act deemed to be registered. Er ma CounCoded to be registered. CHAPTER VI MAINTENANCE OF ACCOUNTS OF AUQAF 44. Budget. 45. Preparation of budget of auqaf under direct management of the Board. 46. Submission of Accounts of auqaf. 47. Audit of accounts of auqaf. 48. Board to pass orders on auditor's report. 49. Sums certified to be due recoverable as arrears of land revenue. 50. Duties of mutawalli. 51. Alienation of waqf property without sanction of Board to be void. 52. Recovery of waqf property transferred in contravention of section 51. 52A. Penalty for alienation of waqf property without sanction of Board. 53. Restriction on purchase of property on behalf of waqf. 54. Removal of encroachment from waqf property. 55. Enforcement of orders made under section 54. 55A. Disposal of property left on waqf property by unauthorised occupants. 56. Restriction on power to grant lease of waqf property. 57. Mutawalli entitled to pay certain costs from income of waqf property. 58. Power of Board to pay dues in case of default by mutawalli. 59. Creation of reserve fund. 60. Extension of time. 61. Penalties. 62. Mutawalli not to spend any money belonging to waqf for self defence. 63. Power to appoint mutawallis in certain cases. 64. Removal of mutawalli. 65. Assumption of direct management of certain auqaf by the Board. 66. Powers of appointment and removal of mutawalli when to be exercised by the State Government. 67. Supervision and supersession of committee of management. 68. Duty of mutawalli or committee to deliver possession of records, etc. 69. Power of Board to frame scheme for administration of waqf. 70. Inquiry relating to administration of waqf. 71. Man

Sections

Type to filter. 111 sections.

1. 1Short title, extent and commencement
2. 2Application of the Act
3. 3Definitions
4. 4
5. 5
6. 6
7. 7
8. 8
9. 9Establishment and constitution of Central 1[Waqf] Council
10. 10Finance of Council
11. 11Accounts and audit
12. 12Power of Central Government to make rules
13. 13Incorporation
14. 14Composition of Board
15. 15Term of office
16. 16Disqualification for being appointed, or for continuing as, a member of the Board
17. 17Meetings of the Board
18. 18Committees of the Board
19. 19Resignation of Chairperson and members
20. 20Removal of Chairperson and member
21. 21Filling of a vacancy
22. 22Vacancies, etc., not to invalidate proceedings of the Board
23. 23
24. 24Officers and other employees of the Board
25. 25Duties and powers of Chief Executive Officer
26. 26Powers of Chief Executive officer in respect of orders or resolutions of Board
27. 29Powers of Chief Executive Officer to inspect records, registers, etc
28. 30Inspection of records
29. 31Prevention of disqualification for membership of Parliament
30. 32Powers and functions of the Board
31. 33Powers of inspection by Chief Executive Officer or persons authorised by him
32. 34Recovery of the amount determined under section 33
33. 35Conditional attachment by Tribunal
34. 36Registration
35. 37Register of 2[auqaf]
36. 38Powers of Board to appoint Executive Officer
37. 39Powers of Board in relation to 2[auqaf] which have ceased to exist
38. 40Decision if a property is [waqf] property
39. 41Power to cause registration of [waqf] and to amend register
40. 42Change in the management of 2[auqaf] to be notified
41. 43
42. 44Budget
43. 45Preparation of budget of [auqaf] under direct management of the Board
44. 46Submission of Accounts of [auqaf]
45. 47Audit of accounts of 1[auqaf]
46. 48Board to pass orders on auditor's report
47. 49Sums certified to be due recoverable as arrears of land revenue
48. 50Duties of mutawalli
49. 51Alienation of [waqf] property without sanction of Board to be void
50. 52Recovery of 1[waqf] property transferred in contravention of section 51
51. 53Restriction on purchase of property on behalf of 2[waqf]
52. 54Removal of encroachment from 1[waqf] property
53. 55Enforcement of orders made under section 54
54. 56Restriction on power to grant lease of [waqf] property
55. 57Mutawalli entitled to pay certain costs from income of [waqf] property
56. 58Power of Board to pay dues in case of default by mutawalli
57. 59Creation of reserve fund
58. 60Extension of time
59. 61Penalties
60. 62Mutawalli not to spend any money belonging to 1[waqf] for self defence
61. 63Power to appoint mutawallis in certain cases
62. 64Removal of mutawalli
63. 65Assumption of direct management of certain 2[auqaf] by the Board
64. 66
65. 67Supervision and supersession of committee of Management
66. 68Duty of mutawalli or committee to deliver possession of records, etc
67. 69Power of Board to frame scheme for administration of 2[waqf]
68. 70Inquiry relating to administration of [waqf]
69. 71Manner of holding inquiry
70. 72Annual contribution payable to Board
71. 73Power of Chief Executive Officer to direct banks or other person to make payments
72. 74Deduction of contribution from perpetual annuity payable to the [waqf]
73. 75Power of board to borrow
74. 76Mutawalli not to lend or borrow moneys without sanction
75. 77
76. 78Budget of Board
77. 79Accounts of Board
78. 80Audit of accounts of Board
79. 81State Government to pass orders on auditor's report
80. 82Dues of Board to be recovered as arrears of land revenue
81. 83Constitution of Tribunals, etc
82. 84
83. 85Bar of jurisdiction of civil courts
84. 86Appointment of a receiver in certain cases
85. 87
86. 88Bar to challenge the validity of any notification, etc
87. 89Notice of suits by parties against Board
88. 90Notice of suits, etc., by courts
89. 91Proceedings under Act 1 of 1894
90. 92Board to be party to suit or proceeding
91. 93Bar to compromise of suits by or against mutawallis
92. 94
93. 95Power of appellate authority to entertain appeal after expiry of specified period
94. 96Power of Central Government to regulate secular activities of [auqaf]
95. 97Directions by State Government
96. 98Annual report by State Government
97. 99Power to supersede Board
98. 100Protection of action taken in good faith
99. 101Survey Commissioner, members and officers of the Board, deemed to be public servants
100. 102Special provision for reorganisation of certain Boards
101. 103Special provision for establishment of Board for part of a State
102. 104
103. 105
104. 106Powers of Central Government to constitute common Boards
105. 107Act 36 of 1963 not to apply for recovery of [waqf] properties
106. 108Special provision as to evacuee 1[waqf] properties
107. 109Power to make rules
108. 110Powers to make regulations by the Board
109. 111Laying of rules and regulations before State Legislature
110. 112Repeal and savings
111. 113Power to remove difficulties

Amending Acts

2 Acts amending this enactment, passed by Uttarakhand Legislature. The text above is the consolidated text as published.