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Wakf Act, 1995 Complete Act - Bare Act

State

Central Government

Year

Act Info:


Preamble1 - WAKF ACT, 1995
Chapter 1
Section1 - Short title, extent and commencement
Section2 - Application of the Act
Section3 - Definitions
Chapter II
Section4 - Preliminary survey of wakfs
Section5 - Publication of list of wakf
Section6 - Disputes regarding wakfs
Section7 - Power of Tribunal to determine disputes regarding wakfs
Section8 - Recovery of costs of survey
Chapter III
Section9 - Establishment and constitution of Central Wakf Council
Section10 - Finance of Council
Section11 - Accounts and Audit
Section12 - Power of Central Government to make rules
Chapter 4
Section13 - Incorporation
Section14 - Composition of Board
Section15 - Term of office
Section16 - Disqualification for being appointed, or for continuing as, a member of the Board
Section17 - Meetings of the Board
Section18 - Committees of the Board
Section19 - Resignation of Chairperson and members
Section20 - Removal of Chairperson and member
Section21 - Pilling of a vacancy
Section22 - Vacancies etc., not to invalidate proceedings of the Board
Section23 - Appointment of Chief Executive Officer and his term of office and other conditions of service
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
Section27 - Delegation of powers by the Board
Section28 - Chief Executive Officer to exercise powers through Collectors, etc
Section29 - Powers of Chief Executive Officer to inspect records, registers, etc
Section30 - Inspection of records
Section31 - Prevention of disqualification for membership of Parliament
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
Section35 - Conditional attachment by Tribunal
Chapter V
Section36 - Registration
Section37 - Register of wakfs
Section38 - Powers of Board to appoint Executive Officer
Section39 - Powers of Board in relation to wakfs which have ceased to exist
Section40 - Decision if a property is wakf property
Section41 - Power to cause registration of wakf and to amend register
Section42 - Change in the management of wakfs to be notified
Section43 - Wakfs registered before the commencement of this Act deemed to be registered
Chapter VI
Section44 - Budget
Section45 - Preparation of budget of wakfs under direct management of the Board
Section46 - Submission of accounts of wakfs
Section47 - Audit of accounts of wakfs
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
Section51 - Alienation of wakf property without sanction of Board to be void
Section52 - Recovery of wakf property transferred in contravention of section 51
Section53 - Restriction on purchase of property on behalf of wakf
Section54 - Removal of encroachment from wakf property
Section55 - Enforcement of orders made under section 54
Section56 - Restriction on power to grant lease of wakf property
Section57 - Mutawalli entitled to pay certain costs from income of wakf property
Section58 - Power of Board to pay dues in case of default by mutawalli
Section59 - Creation of reserve fund
Section60 - Extension of time
Section61 - Penalties
Section62 - Mutawalli not to spend any money belonging to wakf for self defence
Section63 - Power to appoint mutawallis in certain cases
Section64 - Removal of mutawalli
Section65 - Assumption of direct management of certain wakfs by the Board
Section66 - Powers of appointment and removal of Mutawalli when to be exercised by the State Government
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 wakf
Section70 - Inquiry relating to administration of wakf
Section71 - Manner of holding inquiry
Chapter VIII
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 wakf
Section75 - Power of Board to borrow
Section76 - Mutawalli not to lend or borrow moneys without sanction
Section77 - Wakf Fund
Section78 - Budget of Board
Section79 - Accounts of Board
Section80 - Audit of accounts of Board
Section81 - State Government to pass orders on auditor's report
Section82 - Dues of Board to be recovered as arrears of land revenue
Chapter VIII
Section83 - Constitution of Tribunals, etc
Section84 - Tribunal to hold proceedings expeditiously and to furnish to the parties copies of its decision
Section85 - Bar of jurisdiction of civil courts
Section86 - Appointment of a receiver in certain cases
Section87 - Bar to the enforcement of right on behalf of unregistered wakfs
Section88 - Bar to challenge the validity of any notification, etc
Section89 - Notice of suits by parties against Board
Section90 - Notice of suits, etc., by courts
Section91 - Proceedings under Act 1 of 1894
Section92 - Board to be party to suit or proceeding
Section93 - Bar to compromise of suits by or against mutawallis
Section94 - Power to make application to the Tribunal in case of failure of mutawalli to discharge his duties
Section95 - Power of appellate authority to entertain appeal after expiry of specified period
Chapter IX
Section96 - Power of Central Government to regulate secular activities of wakfs
Section97 - Directions by State Government
Section98 - Annual report by State Government
Section99 - Power to supersede Board
Section100 - Protection of action taken in good faith
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 wakf
Section105 - Power of Board and Chief Executive Officer to require copies of documents, etc. to be furnished
Section106 - Powers of Central Government to constitute common Boards
Section107 - Act 36 of 1963 not to apply for recovery of wakf properties
Section108 - Special provision as to evacuee wakf properties
Section109 - Power to make rules
Section110 - Powers to make regulations by the Board
Section111 - Laying of rules and regulations before State Legislature
Section112 - Repeal and savings
Section113 - Power to remove difficulties


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