TypeBare Act JurisdictionCentral Government Enacted1995

Wakf Act, 1995

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Wakf Act, 1995 (1995) is Central state legislation published on SooperKanoon in full. Use this page to read the bare act and jump to judgments that cite it.

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Act Text

Chapter1 - PRELIMINARY

Section1 - Short title, extent and commencement

Section2 - Application of the Act.—Save as otherwise expressly provided under this Act, this Act shall apply to all 1[auqaf]

Section3 - Definitions.—In this Act, unless the context otherwise requires,—

Section4 - Ins. by s. 5, ibid

Section5 - Subs. by s. 5, ibid., for clause

Section6 - Subs. by s. 4, ibid., for “wakfs”

Section7 - Subs. by s. 5, ibid., for clause

Chapter2 - CHAPTER II

Section8 - Ins. by s. 8, ibid

Section9 - The Explanation omitted by s. 8, ibid

Section10 - Finance of Council.—

Section11 - Accounts and audit.—

Section12 - Power of Central Government to make rules.—

Chapter4 - ESTABLISHMENT OF BOARDS AND THEIR FUNCTIONS

Section13 - Incorporation.—

Section14 - Composition of Board.—

Section15 - Term of office.—The members of the Board shall hold office for a term of five years 4[from the date of notification

Section16 - Disqualification for being appointed, or for continuing as, a member of the Board.—A person shall be disqualified for

Section17 - Meetings of the Board.—

Section18 - Committees of the Board.—

Section19 - Resignation of Chairperson and members.—The Chairperson or any other member may resign his office by writing under his

Section20 - Removal of Chairperson and member.—

Section21 - Filling of a vacancy.—When the seat of a member becomes vacant by his removal, resignation, death or otherwise, a new

Section22 - Vacancies, etc., not to invalidate proceedings of the Board.—No act or proceeding of the Board shall be invalid by

Section23 - Appointment of Chief Executive Officer and his term of office and other conditions of service.—1[

Section24 - Officers and other employees of the Board.—

Section25 - Duties and powers of Chief Executive Officer.—

Section26 - Powers of Chief Executive officer in respect of orders or resolutions of Board.—Where the Chief Executive Officer

Section29 - Powers of Chief Executive Officer to inspect records, registers, etc.—3[

Section30 - Inspection of records.—

Section31 - Prevention of disqualification for membership of Parliament.—It is hereby declared that the offices of the Chairperson

Section32 - Powers and functions of the Board.—

Section33 - Powers of inspection by Chief Executive Officer or persons authorised by him.—

Section34 - Recovery of the amount determined under section 33.—Where any mutawalli or other person who has been ordered, whether

Section35 - Conditional attachment by Tribunal.—

Section36 - Registration.—

Section37 - Register of 2[auqaf].— 3[

Section38 - Powers of Board to appoint Executive Officer.—

Section39 - Powers of Board in relation to 2[auqaf] which have ceased to exist.—

Section40 - Decision if a property is 1[waqf] property.—

Section41 - Power to cause registration of 1[waqf] and to amend register.—The Board may direct a mutawalli to apply for the

Section42 - Change in the management of 2[auqaf] to be notified.—

Chapter6 - MAINTENANCE OF ACCOUNTS OF 2[AUQAF]

Section44 - Budget.—

Section45 - Preparation of budget of 1[auqaf] under direct management of the Board.—

Section46 - Submission of Accounts of 1[auqaf].—

Section47 - Audit of accounts of 1[auqaf].—

Section48 - Board to pass orders on auditor’s report.—

Section49 - Sums certified to be due recoverable as arrears of land revenue.—

Section50 - Duties of mutawalli.—It shall be the duty of every mutawalli—

Section51 - Alienation of 1[waqf] property without sanction of Board to be void.—2[

Section52 - Recovery of [waqf] property transferred in contravention of section 51.—

Section53 - Restriction on purchase of property on behalf of 2[waqf].—Notwithstanding anything contained in a 2[waqf] deed, no

Section54 - Removal of encroachment from 1[waqf] property.—

Section55 - Enforcement of orders made under section 54.—Where the person, ordered under 4

Section56 - Restriction on power to grant lease of 1[waqf] property.—

Section57 - Mutawalli entitled to pay certain costs from income of 1[waqf] property.—Notwithstanding anything contained in the

Section58 - Power of Board to pay dues in case of default by mutawalli.—

Section59 - Creation of reserve fund.—For the purpose of making provisions for the payment of rent and of revenue, cess, rates and

Section60 - Extension of time.—The Board may, if its is satisfied that it is necessary so to do, extend the time within which any

Section61 - Penalties.—

Section62 - Mutawalli not to spend any money belonging to 1[waqf] for self defence.—No mutawalli shall spend any money out of the

Section63 - Power to appoint mutawallis in certain cases.—When there is a vacancy in the office of the mutawalli of a 1[waqf] and

Section64 - Removal of mutawalli.—

Section65 - Assumption of direct management of certain 2[auqaf] by the Board.—

Section66 - Powers of appointment and removal of mutawalli when to be exercised by the State Government.—Whenever a deed of 1[waqf]

Section67 - Supervision and supersession of committee of Management.—

Section68 - Duty of mutawalli or committee to deliver possession of records, etc.—

Section69 - Power of Board to frame scheme for administration of 2[waqf].—4[

Section70 - Inquiry relating to administration of 1[waqf].—Any person interested in a 1[waqf] may make an application to the Board

Section71 - Manner of holding inquiry.—

Chapter7 - FINANCE OF THE BOARD

Section72 - Annual contribution payable to Board.—

Section73 - Power of Chief Executive Officer to direct banks or other person to make payments.—

Section74 - Deduction of contribution from perpetual annuity payable to the 1[waqf].—

Section75 - Power of board to borrow.—

Section76 - Mutawalli not to lend or borrow moneys without sanction.—

Section78 - Budget of Board.—

Section79 - Accounts of Board.—The Board shall cause to be maintained such books of account and other books in relation to its

Section80 - Audit of accounts of Board.—

Section81 - State Government to pass orders on auditor’s report.—The State Government shall examine the auditor’s report and may

Section82 - Dues of Board to be recovered as arrears of land revenue.—

Section83 - Constitution of Tribunals, etc.—1[

Section84 - Tribunal to hold proceedings expeditiously and to furnish to the parties copies of its decision.—Whenever an

Section85 - Bar of jurisdiction of civil courts.—No suit or other legal proceeding shall lie in any 2

Section86 - Appointment of a receiver in certain cases.—Notwithstanding anything contained in the Code of Civil Procedure, 1908

Section88 - Bar to challenge the validity of any notification, etc.—Save as otherwise expressly provided in this Act, no

Section89 - Notice of suits by parties against Board.—No suit shall be instituted against the Board in respect of any act

Section90 - Notice of suits, etc., by courts.—

Section91 - Proceedings under Act 1 of 1894.—

Section92 - Board to be party to suit or proceeding.—In any suit or proceeding in respect of a 1[waqf] or any 1[waqf] property the

Section93 - Bar to compromise of suits by or against mutawallis.—No suit or proceeding in any court by or against the mutawalli of

Section94 - Power to make application to the Tribunal in case of failure of mutawalli to discharge his duties.—

Chapter9 - MISCELLANEOUS

Section96 - Power of Central Government to regulate secular activities of 1[auqaf].—

Section97 - Directions by State Government.—Subject to any directions issued by the Central Government under section 96, the State

Section98 - Annual report by State Government.—As soon as may be after the close of a financial year, the State Government shall

Section99 - Power to supersede Board.—

Section100 - Protection of action taken in good faith.—No suit or other legal proceeding shall lie against the board or Chief

Section101 - Survey Commissioner, members and officers of the Board, deemed to be public servants.—

Section102 - Special provision for reorganisation of certain Boards.—

Section103 - Special provision for establishment of Board for part of a State.—

Section104 - Application of Act to properties given or donated by persons not professing Islam for support of certain

Section105 - Power of Board and Chief Executive Officer to require copies of documents, etc., to be furnished.—Notwithstanding

Section106 - Powers of Central Government to constitute common Boards.—

Section107 - Act 36 of 1963 not to apply for recovery of 1[waqf] properties.—Nothing contained in the Limitation Act, 1963 shall

Section108 - Special provision as to evacuee 1[waqf] properties.—The provisions of this Act shall apply, and shall be deemed always

Section109 - Power to make rules.—

Section110 - Powers to make regulations by the Board.—

Section111 - Laying of rules and regulations before State Legislature.—Every rule made under section 109 and every regulation made

Section112 - Repeal and savings.—

Section113 - Power to remove difficulties.—

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Wakf Act, 1995

About this act

Act Text

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