The Waqf Act, 1995

puducherry · 1995

S. 1Subs
S. 2Subs
S. 3Ins
S. 4Subs
S. 5Subs
S. 6Subs
S. 7Power of Tribunal to determine disputes regarding 1[auqaf]
S. 8Subs
S. 9Establishment and constitution of Central 1[Waqf] Council
S. 10Finance of Council
S. 11Accounts and audit
S. 12Power of Central Government to make rules
S. 13Incorporation
S. 14Composition of Board
S. 15Term of office
S. 16Disqualification for being appointed, or for continuing as, a member of the Board
S. 17Meetings of the Board
S. 18Committees of the Board
S. 19Resignation of Chairperson and members
S. 20Removal of Chairperson and member
S. 20ARemoval of Chairperson by vote of no confidence
S. 21Filling of a vacancy
S. 22Vacancies, etc
S. 23Appointment of Chief Executive Officer and his term of office and other conditions of service
S. 24Officers and other employees of the Board
S. 25Duties and powers of Chief Executive Officer
S. 26Powers of Chief Executive officer in respect of orders or resolutions of Board
S. 27Delegation of powers by the Board
S. 28—
S. 29Powers of Chief Executive Officer to inspect records, registers, etc
S. 30Inspection of records
S. 31Prevention of disqualification for membership of Parliament
S. 32Powers and functions of the Board
S. 33Powers of inspection by Chief Executive Officer or persons authorised by him
S. 34Recovery of the amount determined under section 33
S. 35Conditional attachment by Tribunal
S. 36Registration
S. 37Register of 2[auqaf]
S. 38Powers of Board to appoint Executive Officer
S. 39Powers of Board in relation to 2[auqaf] which have ceased to exist
S. 40Decision if a property is 1[waqf] property
S. 41Power to cause registration of 1[waqf] and to amend register
S. 42Change in the management of 2[auqaf] to be notified
S. 432[Auqaf] registered before the commencement of this Act deemed to be registered
S. 44Budget
S. 45Preparation of budget of 1[auqaf] under direct management of the Board
S. 46Submission of Accounts of 1[auqaf]
S. 47Audit of accounts of 1[auqaf]
S. 48Board to pass orders on auditor’s report
S. 49Sums certified to be due recoverable as arrears of land revenue
S. 50Duties of mutawalli
S. 51Alienation of 1[waqf] property without sanction of Board to be void
S. 52Recovery of 1[waqf] property transferred in contravention of section 51
S. 52APenalty for alienation of waqf property without sanction of Board
S. 53Restriction on purchase of property on behalf of 2[waqf]
S. 54Removal of encroachment from 1[waqf] property
S. 55Enforcement of orders made under section 54
S. 55ADisposal of property left on waqf property by unauthorised occupants
S. 56Restriction on power to grant lease of 1[waqf] property
S. 57Mutawalli entitled to pay certain costs from income of 1[waqf] property
S. 58Power of Board to pay dues in case of default by mutawalli
S. 59Creation of reserve fund
S. 60Extension of time
S. 61Penalties
S. 62Mutawalli not to spend any money belonging to 1[waqf] for self defence
S. 63Power to appoint mutawallis in certain cases
S. 64Removal of mutawalli
S. 65Assumption of direct management of certain 2[auqaf] by the Board
S. 66Powers of appointment and removal of mutawalli when to be exercised by the State Government
S. 67Supervision and supersession of committee of Management
S. 68Duty of mutawalli or committee to deliver possession of records, etc
S. 69Power of Board to frame scheme for administration of 2[waqf]
S. 70Inquiry relating to administration of 1[waqf]
S. 71Manner of holding inquiry
S. 72Annual contribution payable to Board
S. 73Power of Chief Executive Officer to direct banks or other person to make payments
S. 74Deduction of contribution from perpetual annuity payable to the 1[waqf]
S. 75Power of board to borrow
S. 76Mutawalli not to lend or borrow moneys without sanction
S. 771[Waqf] Fund
S. 78Budget of Board
S. 79Accounts of Board
S. 80Audit of accounts of Board
S. 81State Government to pass orders on auditor’s report
S. 82Dues of Board to be recovered as arrears of land revenue
S. 83Constitution of Tribunals, etc
S. 84Tribunal to hold proceedings expeditiously and to furnish to the parties copies of its decision
S. 85Bar of jurisdiction of civil courts
S. 86Appointment of a receiver in certain cases
S. 87[Bar to the enforcement of right on behalf of unregistered wakfs
S. 88Bar to challenge the validity of any notification, etc
S. 89Notice of suits by parties against Board
S. 90Notice of suits, etc
S. 91Proceedings under Act 1 of 1894
S. 92Board to be party to suit or proceeding
S. 93Bar to compromise of suits by or against mutawallis
S. 94Power to make application to the Tribunal in case of failure of mutawalli to discharge his duties
S. 95Power of appellate authority to entertain appeal after expiry of specified period
S. 96Power of Central Government to regulate secular activities of 1[auqaf]
S. 97Directions by State Government
S. 98Annual report by State Government
S. 99Power to supersede Board
S. 100Protection of action taken in good faith
S. 101Survey Commissioner, members and officers of the Board, deemed to be public servants
S. 102Special provision for reorganisation of certain Boards
S. 103Special provision for establishment of Board for part of a State
S. 104Application of Act to properties given or donated by persons not professing Islam for support of certain 1[waqf]
S. 104AProhibition of sale, gift, exchange, mortgage or transfer of waqf property
S. 104BRestoration of waqf properties in occupation of Government agencies to waqf Board
S. 105Power of Board and Chief Executive Officer to require copies of documents, etc
S. 106Powers of Central Government to constitute common Boards
S. 107Act 36 of 1963 not to apply for recovery of 1[waqf] properties
S. 108Special provision as to evacuee 1[waqf] properties
S. 108AAct to have overriding effect
S. 109Power to make rules
S. 110Powers to make regulations by the Board
S. 111Laying of rules and regulations before State Legislature
S. 112Repeal and savings
S. 113Power to remove difficulties