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