| Contents |
|
| Sections |
Particulars |
| Title |
The Waqf Act |
| Chapter I |
Preliminary |
| 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 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 |
| 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 |
| 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. |
Manner of holding inquiry |
| Chapter VII |
Finance of the Board |
| 72. |
Annual contribution payable to Board |
| 73. |
Power of Chief Executive Officer to direct banks or other person to make payments |
| 74. |
Deduction of contribution from perpetual annuity payable to the waqf |
| 75. |
Power of board to borrow |
| 76. |
Mutawalli not to lend or borrow moneys without sanction |
| 77. |
Waqf Fund |
| 78. |
Budget of Board |
| 79. |
Accounts of Board |
| 80. |
Audit of accounts of Board |
| 81. |
State Government to pass orders on auditor's report |
| 82. |
Dues of Board to be recovered as arrears of land revenue |
| Chapter VIII |
Judicial Proceedings |
| 83. |
Constitution of Tribunals, etc |
| 84. |
Tribunal to hold proceedings expeditiously and to furnish to the parties copies of its decision |
| 85. |
Bar of jurisdiction of civil courts |
| 86. |
Appointment of a receiver in certain cases |
| 87. |
Omitted |
| 88. |
Bar to challenge of validity of any notification, etc |
| 89. |
Notice of suits by parties against Board |
| 90. |
Notice of suits, etc., by courts |
| 91. |
Proceedings under the Act 1 of 1894 |
| 92. |
Board to be party to suit or proceeding |
| 93. |
Bar to compromise of suits by or against mutawalli |
| 94. |
Power to make application to the Tribunal in case of failure of mutawalli to discharge his duties |
| 95. |
Power of appellate authority to entertain appeal after expiry of specified period |
| Chapter IX |
Miscellaneous |
| 96. |
Power of Central Government to regulate secular activities of auqaf |
| 97. |
Directions by State Government |
| 98. |
Annual report by State Government |
| 99. |
Power to supersede Board |
| 100. |
Protection of action taken in good faith |
| 101. |
Survey Commissioner, members and officers of the Board, deemed to be public servants |
| 102. |
Special provision for reorganisation of certain Boards |
| 103. |
Special provision for establishment of Board for part of a State |
| 104. |
Application of Act to properties given or donated by persons not professing Islam for support of certain waqf |
| 105 |
Power of Board and Chief Executive Officer to require copies of documents, etc., to be furnished |
| 106 |
Powers of Central Government to constitute common Boards |
| 107. |
Act 36 of 1963 not to apply for recovery of waqf properties |
| 108. |
Special provision as to evacuee waqf properties |
| 109. |
Power to make rules |
| 110. |
Powers to make regulations by the Board |
| 111. |
Laying of rules and regulations before State Legislature |
| 112. |
Repeal and savings |
| 113. |
Power to remove difficulties |
