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Chapter V

Registration of 1[Auqaf]

36. Registration.-

(1) Every 2[waqf], whether created before or after the commencement of this Act, shall be registered at the office of the Board.

(2) Application for registration shall be made by the mutawalli: Provided that such applications may be 3[made by the waqf] or his descendants or a beneficiary of the 2[waqf] or any Muslim belonging to the sect to which the 2[waqf] belongs.

(3) An application for registration shall be made in such form and manner and at such place as the Board may by regulation provide and shall contain the following particulars:-

(a) a description of the 2[waqf] properties sufficient for the identification thereof;

(b) the gross annual income from such properties;

(c) the amount of land revenue, cesses, rates and taxes annually payable in respect of the 2[waqf] properties; (d) an estimate of the expenses annually incurred in the realisation of the income of the 2[waqf] properties;

(e) the amount set apart under the 2[waqf] for-

(i) the salary of the mutawalli and allowances to the individuals;

(ii) purely religious purposes;

(iii) charitable purposes; and

(iv) any other purposes;

(f) any other particulars provided by the Board by regulations.

(4) Every such application shall be accompanied by a copy of the 2[waqf] deed or if no such deed has been executed or a copy thereof cannot be obtained, shall contain full particulars, as far as they are known to the applicant, of the origin, nature and objects of the 2[waqf].

(5) Every application made under sub-section (2) shall be signed and verified by the applicant in the manner provided in the Code of Civil Procedure, 1908 (5 of 1908) for the signing and verification of pleadings.

(6) The Board may require the applicant to supply any further particulars or information that it may consider necessary.

(7) On receipt of an application for registration, the Board may, before the registration of the 1[waqf] make such inquiries as it thinks fit in respect of the genuineness and validity of the application and correctness of any particulars therein and when the application is made by any person other than the person administering the 1[waqf] property, the Board shall, before registering the 1[waqf], give notice of the application to the person administering the 1[waqf] property and shall hear him if he desires to be heard.

(8) In the case of 2[auqaf] created before the commencement of this Act, every application for registration shall be made, within three months from such commencement and in the case of 2[auqaf] created after such commencement, within three months from the date of the creation of the 1[waqf]: Provided that where there is no Board at the time of creation of a 1[waqf], such application will be made within three months from the date of establishment of the Board.

1. Subs. by Act 27 of 2013, s. 4, for "wakfs" (w.e.f. 1-11-2013).

2. Subs. by s. 4, ibid., for "wakf" (w.e.f. 1-11-2013).

3. Subs. by s. 24, ibid., for "made by the wakf" (w.e.f. 1-11-2013).



Waqf Act, 1995 Back




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