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The Waqf Act, 1995

[Act No. 43 of 1995]

[22nd November, 1995.]

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

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