THE WAQF ACT, 1995
ACT NO. 43 OF 1995
[22nd November, 1995.]
An Act to provide for the better administration of '[Auqaf] and for matters connected therewith
or incidental thereto.
BE it enacted by Parliament in the Forty-sixth Year of the Republic of India as follows:—
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.—(/) This Act may be called the *[Waaf] Act, 1995.
(2) It extends to the whole of India ****.
(3) It shall come into force in a State on such date* as the Central Government may, by notification in
the Official Gazette, appoint; and different dates may be appointed for different areas within a State and
for different provisions of this Act, and any reference in any provision to the commencement of this Act,
shall, in relation to any State or area therein, be construed as reference to the commencement of that
provision in such State or area.
2. Application of the Act.—Save as otherwis
Read full Act 1 Short title, extent and commencement
2 Application of the Act
3 Definitions
8 State Government to bear cost of survey
10 Finance of Council
11 Accounts and audit
12 Power of Central Government to make rules
13 Incorporation
14 Composition of Board
15 Term of office
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
24 Officers and other employees of the Board
25 Duties and powers of Chief Executive Officer
27 Delegation of powers by the Board
30 Inspection of records
31 Prevention of disqualification for membership of Parliament
32 Powers and functions of the Board
34 Recovery of the amount determined under section 33
35 Conditional attachment by Tribunal
36 Registration
38 Powers of Board to appoint Executive Officer
44 Budget
47 Audit of accounts of Board
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
52A Penalty for alienation of waqf property without sanction of Board
55 Enforcement of orders made under section 54
58 Power of Board to pay dues in case of default by mutawalli
59 Creation of reserve fund
60 Extension of time
61 Penalties
63 Power to appoint mutawallis in certain cases
64 Removal of mutawalli
67 Supervision and supersession of committee of Management
68 Duty of mutawalli or committee to deliver possession of records, etc.
71 Manner of holding inquiry
72 Annual contribution payable to Board
75 Power of board to borrow
76 Mutawalli not to lend or borrow moneys without sanction
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
85 Bar of jurisdiction of civil courts
86 Appointment of a receiver in certain cases
87 Bar to the enforcement of right on behalf of unregistered wakfs
89 Notice of suits by parties against Board
90 Notice of suits, etc., by courts
91 Proceedings under Act 1 of 1894
92 Board to be party to suit or proceeding
93 Bar to compromise of suits by or against mutawallis
97 Directions by State Government
98 Annual report by State Government
99 Power to supersede Board
100 Protection of action taken in good faith
102 Special provision for reorganisation of certain Boards
103 Special provision for establishment of Board for part of a State
106 Powers of Central Government to constitute common Boards
108A Act to have overriding effect
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
AI Assistant
