WAKF ACT, 1995

WAKF ACT, 1995

S.1 Short title, extent and commencement

S.2 Application of the Act

S.3 Definitions

S.4 Preliminary survey of wakfs

S.5 Publication of list of wakfs

S.6 Disputes regarding wakfs

S.7 Power of Tribunal to determine disputes regarding wakfs

S.8 Recovery of costs of survey

S.9 Establishment and constitution of Central Wakf Council

S.10 Finance of Council

S.11 Accounts and audit

S.12 Power of Central Government to make rules

S.13 Incorporation

S.14 Composition of Board

S.15 Term of office

S.16 Disqualification for being appointed, or for continuing as, a member of the Board

S.17 Meetings of the Board

S.18 Committees of the Board

S.19 Resignation of Chairperson and members

S.20 Removal of Chairperson and member

S.21 Filling of a vacancy

S.22 Vacancies, etc., not to invalidate proceedings of the Board

S.23 Appointment of Chief Executive Officer and his term of office and other conditions of service

S.24 Officers and other employees of the Board

S.25 Duties and powers of Chief Executive Officer

S.26 Powers of Chief Executive Officer in respect of orders or resolutions of Board

S.27 Delegation of powers by the Board

S.28 Chief Executive Officer to exercise powers through Collectors, etc

S.29 Powers of Chief Executive Officer to inspect records, registers, etc

S.30 Inspection of records

S.31 Prevention of disqualification for membership of Parliament

S.32 Powers and functions of the Board

S.33 Powers of inspection by Chief Executive Officer or persons authorised by him

S.34 Recovery of the amount determined under section 33

S.35 Conditional attachment by Tribunal

S.36 Registration

S.37 Register of wakfs

S.38 Powers of Board to appoint Executive Officer

S.39 Powers of Board in relation to wakfs which have ceased to exist

S.40 Decision if a property is wakf property

S.41 Power to cause registration of wakf and to amend register

S.42 Change in the management of wakfs to be notified

S.43 Wakfs registered before the commencement of this Act deemed to be registered

S.44 Budget

S.45 Preparation of budget of wakfs under direct management of the board

S.46 Submission of accounts of wakfs

S.47 Audit of accounts of wakfs

S.48 Board to pass orders on auditor’s report

S.49 Sums certified to be due recoverable as arrears of land revenue

S.50 Duties of mutawalli

S.51 Alienation of wakf property without sanction of Board to be void

S.52 Recovery of wakf property transferred in contravention of section 51

S.53 Restriction on purchase of property on behalf of wakf

S.54 Removal of encroachment from wakf property

S.55 Enforcement of orders made under section 54

S.56 Restriction on power to grant lease of wakf property

S.57 Mutawalli entitled to pay certain costs from income of wakf property

S.58 Power of Board to pay dues in case of default by mutawalli

S.59 Creation of reserve fund

S.60 Extension of time

S.61 Penalties

S.62 Mutawalli not to spend any money belonging to wakf for self-defence

S.63 Power to appoint mutawallis in certain cases

S.64 Removal of mutawalli

S.65 Assumption of direct management of certain wakfs by the Board

S.66 Powers of appointment and removal of mutawalli when to be exercised by the State Government

S.67 Supervision and supersession of committee of management

S.68 Duty of mutawalli or committee to deliver possession of records, etc

S.69 Power of Board to frame scheme for administration of wakf

S.70 Inquiry relating to administration of wakf

S.71 Manner of holding inquiry

S.72 Annual contribution payable to Board

S.73 Power of Chief Executive Officer to direct banks or other person to make payments

S.74 Deduction of contribution from perpetual annuity payable to the wakf

S.75 Power of Board to borrow

S.76 Mutawalli not to lend or borrow moneys without sanction

S.77 Wakf Fund

S.78 Budget of Board

S.79 Accounts of Board

S.80 Audit of accounts of Board

S.81 State Government to pass orders on auditor’s report

S.82 Dues of Board to be recovered as arrears of land revenue

S.83 Constitution of Tribunals, etc

S.84 Tribunal to hold proceedings expeditiously and to furnish to the parties copies of its decision

S.85 Bar of jurisdiction of civil courts

S.86 Appointment of a receiver in certain cases

S.87 Bar to the enforcement of right on behalf of unregistered wakfs

S.88 Bar to challenge the validity of any notification, etc

S.89 Notice of suits by parties against Board

S.90 Notice of suits, etc., by courts

S.91 Proceedings under Act 1 of 1894

S.92 Board to be party to suit or proceeding

S.93 Bar to compromise of suits by or against mutawallis

S.94 Power to make application to the tribunal in case of failure of mutawalli to discharge his duties

S.95 Power of appellate authority to entertain appeal after expiry of specified period

S.96 Power of Central Government to regulate secular activities of wakfs

S.97 Directions by State Government

S.98 Annual report by State Government

S.99 Power to supersede Board

S.100 Protection of action taken in good faith

S.101 Survey Commissioner, members and officers of the Board deemed to be public servants

S.102 Special provision for reorganisation of certain Boards

S.103 Special provision for establishment of Board for part of a state

S.104 Application of Act to properties given or donated by persons not professing Islam for support of certain wakf

S.105 Power of Board and Chief Executive Officer to require copies of documents, etc., to be furnished

S.106 Powers of Central Government to constitute common Boards

S.107 Act 36 of 1963 not to apply for recovery of wakf properties

S.108 Special provision as to evacuee wakf properties

S.109 Power to make rules

S.110 Powers to make regulations by the Board

S.111 Laying of rules and regulations before State Legislature

S.112 Repeal and savings

S.113 Power to remove difficulties

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