The Waqf Act, 1995

126 sections.

Section 1 — Short title, extent and commencement.
Section 2 — Application of the Act.
Section 3 — Definitions.
Section 3A — Certain conditions of waqf.
Section 3B — Filing of details of waqf on portal and database.
Section 3C — Wrongful declaration of waqf.
Section 3D — Declaration of protected monument or protected area as waqf to be void.
Section 3E — Bar of declaration of any land in Scheduled or Tribal area as waqf.
Section 4 — Survey of auqaf.
Section 5 — Publication of list of auqaf.
Section 6 — Disputes regarding auqaf.
Section 7 — Power of Tribunal to determine disputes regarding auqaf.
Section 8 — State Government to bear cost of survey.
Section 9 — Establishment and constitution of Central Waqf Council.
Section 10 — Finance of Council.
Section 11 — Accounts and audit.
Section 12 — Power of Central Government to make rules.
Section 13 — Incorporation.
Section 14 — Composition of Board.
Section 15 — Term of office.
Section 16 — Disqualification for being appointed, or for continuing as, a member of the Board.
Section 17 — Meetings of the Board.
Section 18 — Committees of the Board.
Section 19 — Resignation of Chairperson and members.
Section 20 — Removal of Chairperson and member.
Section 20A — Omitted.
Section 21 — Filling of a vacancy.
Section 22 — Vacancies, etc., not to invalidate proceedings of the Board.
Section 23 — Appointment of Chief Executive Officer and his term of office and other conditions of service.
Section 24 — Officers and other employees of the Board.
Section 25 — Duties and powers of Chief Executive Officer.
Section 26 — Powers of Chief Executive Officer in respect of orders or resolutions of Board.
Section 27 — Delegation of powers by Board.
Section 28 — Power of District Magistrate, Additional District Magistrate or Sub-Divisional Magistrate to implement the directions of the Board.
Section 29 — Powers of Chief Executive Officer to inspect records, registers, etc.
Section 30 — Inspection of records.
Section 31 — Prevention of disqualification for membership of Parliament.
Section 32 — Powers and functions of the Board.
Section 33 — Powers of inspection by Chief Executive Officer or persons authorised by him.
Section 34 — Recovery of the amount determined under section 33.
Section 35 — Conditional attachment by Tribunal.
Section 36 — Registration.
Section 37 — Register of auqaf.
Section 38 — Powers of Board to appoint Executive Officer.
Section 39 — Powers of Board in relation to auqaf which have ceased to exist.
Section 40 — Omitted.
Section 41 — Power to cause registration of waqf and to amend register.
Section 42 — Change in the management of auqaf to be notified.
Section 43 — Auqaf registered before the commencement of this Act deemed to be registered.
Section 44 — Budget.
Section 45 — Preparation of budget of auqaf under direct management of the Board.
Section 46 — Submission of Accounts of auqaf.
Section 47 — Audit of accounts of auqaf.
Section 48 — Board to pass orders on auditor's report.
Section 49 — Sums certified to be due recoverable as arrears of land revenue.
Section 50 — Duties of mutawalli.
Section 50A — Disqualification of mutawalli.
Section 51 — Alienation of waqf property without sanction of Board to be void.
Section 52 — Recovery of waqf property transferred in contravention of section 51.
Section 52A — Penalty for alienation of waqf property without sanction of Board.
Section 53 — Restriction on purchase of property on behalf of waqf.
Section 54 — Removal of encroachment from waqf property.
Section 55 — Enforcement of orders made under section 54.
Section 55A — Disposal of property left on waqf property by unauthorised occupants.
Section 56 — Restriction on power to grant lease of waqf property.
Section 57 — Mutawalli entitled to pay certain costs from income of waqf property.
Section 58 — Power of Board to pay dues in case of default by mutawalli.
Section 59 — Creation of reserve fund.
Section 60 — Extension of time.
Section 61 — Penalties.
Section 62 — Mutawalli not to spend any money belonging to waqf for self defence.
Section 63 — Power to appoint mutawallis in certain cases.
Section 64 — Removal of mutawalli.
Section 65 — Assumption of direct management of certain auqaf by the Board.
Section 66 — Powers of appointment and removal of mutawalli when to be exercised by the State Government.
Section 67 — Supervision and supersession of committee of management.
Section 68 — Duty of mutawalli or committee to deliver possession of records, etc.
Section 69 — Power of Board to frame scheme for administration of waqf.
Section 70 — Inquiry relating to administration of waqf.
Section 71 — Manner of holding inquiry.
Section 72 — Annual contribution payable to Board.
Section 73 — Power of Chief Executive Officer to direct banks or other person to make payments.
Section 74 — Deduction of contribution from perpetual annuity payable to the waqf.
Section 75 — Power of board to borrow.
Section 76 — Mutawalli not to lend or borrow moneys without sanction.
Section 77 — Waqf Fund.
Section 78 — Budget of Board.
Section 79 — Accounts of Board.
Section 80 — Audit of accounts of Board.
Section 81 — State Government to pass orders on auditor's report.
Section 82 — Dues of Board to be recovered as arrears of land revenue.
Section 83 — Constitution of Tribunals, etc.
Section 84 — Tribunal to hold proceedings expeditiously and to furnish to the parties copies of its decision.
Section 85 — Bar of jurisdiction of civil courts.
Section 86 — Appointment of a receiver in certain cases.
Section 87 — Omitted.
Section 88 — Bar to challenge of validity of any notification, etc.
Section 89 — Notice of suits by parties against Board.
Section 90 — Notice of suits, etc., by courts
Section 91 — Proceedings under the Act 1 of 1894.
Section 92 — Board to be party to suit or proceeding
Section 93 — Bar to compromise of suits by or against mutawalli
Section 94 — Power to make application to the Tribunal in case of failure of mutawalli to discharge his duties.
Section 95 — Power of appellate authority to entertain appeal after expiry of specified period.
Section 96 — Power of Central Government to regulate secular activities of auqaf.
Section 97 — Directions by State Government
Section 98 — Annual report by State Government.
Section 99 — Power to supersede Board
Section 100 — Protection of action taken in good faith.
Section 101 — Collector, members and officers of the Board, deemed to be public servants.
Section 102 — Special provision for reorganisation of certain Boards
Section 103 — Special provision for establishment of Board for part of a State.
Section 104 — Omitted.
Section 104A — Prohibition of sale, gift, exchange, mortgage or transfer of waqf property
Section 104B — Restoration of waqf properties in occupation of Government agencies to waqf Board.
Section 105 — Power of Board and Chief Executive Officer to require copies of documents, etc., to be furnished
Section 106 — Powers of Central Government to constitute common Boards
Section 107 — Application of Act 36 of 1963.
Section 108 — Omitted.
Section 108A — Omitted.
Section 108B — Power of Central Government to make rules.
Section 109 — Power to make rules
Section 110 — Powers to make regulations by the Board.
Section 111 — Laying of rules and regulations before State Legislature
Section 112 — Repeal and savings
Section 113 — Power to remove difficulties.

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