WAKF (WEST BENGAL AMENDMENT) ACT, 1997

Act No. 33 of 1997

05th June, 1998

An Act to amend the Wakf Act, 1995, in its application to West Bengal. Whereas it is expedient to amend the Wakf Act, 1995 (43 of 1995), in its application to West Bengal, for the purposes and in the manner hereinafter appearing; It is hereby enacted in the Forty-eighth Year of the Republic of India, by the Legislature of West Bengal, as follows:-

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S.1 Short title, extent and commencement

(1) This Act may be called the Wakf (West Bengal Amendment) Act, 1997.

(2) It extends to the whole of West Bengal.

(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

S.2 Application of the Act

The Wakf Act, 1995 (hereinafter referred to as the principal Act), shall, in its application to West Bengal, be amended for the purposes and in the manner hereinafter provided.

S.3 Amendment of section 32 of Act 43 of 1995

In sub-section (5) of section 32 of the principal Act, after the words "and control and manage the properties", the words "in such manner as may be prescribed" shall be inserted.

S.4 Insertion of new section 55A

After section 55 of the principal Act, the following section shall be inserted:-

55A. "Penalty for encroachment on wakf property

• (1) Whoever encroaches on any land, building, space or other property which is wakf property, and which has been registered as such under this Act, shall be punishable with rigorous imprisonment for a term which may extend to two years, or with fine which may extend to five thousand rupees, or with both.
• (2) Any offence punishable under this section shall be cognizable.
• (3) No court shall take cognizance of any offence punishable under this section save on complaint made by the Board or by an officer of the Board duly authorized by it in this behalf.
• (4) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under this section.
• (5) Any fine imposed under this section shall, when realized, be credited to the Wakf Fund.".

S.5 Amendment of section 109

In sub-section (2) of section 109 of the principal Act, after clause (vi), the following clause shall be inserted:-

"(via) the manner of control and management of the properties of the wakf under sub-section (5) of section 32;".