THE WAQF ACT, 1995
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 Act1. 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 otherwise expressly provided under this Act, this Act shall apply to all ‘Taugaf] whether created before or after the commencement of this Act: Provided that nothing in this Act shall apply to Durgah Khawaja Saheb, Ajmer to which the Durgah Khawaja Saheb Act, 1955 (36 of 1955) applies.
3. Definitions.—In this Act, unless the context otherwise requires,— (a) “beneficiary” means a person or object for whose benefit a *[waqf] is created and includes religious, pious and charitable objects and any other objects of public utility sanctioned by the Muslim law:
(b) “benefit” does not include any benefit which a mutawalli is entitled to claim solely by reason of his being such mutawalli;
(c) “Board” means a Board of TWaaf] established under sub-section (/), or as the case may be, under sub-section (2) of section 13 and shall include a common [Waqf] Board established under section 106;
(d) “Chief Executive Officer” means the Chief Executive Officer appointed under sub-section (/) of section 23;
(e) “Council” means the Central *[Waaf] Council established under section 9;
*[(ee) “encroacher” means any person or institution, public or private, occupying waqf property,
in whole or part, without the authority of law and includes a person whos
‘[8. State Government to bear cost of survey.—The total cost of making a survey including the cost of publication of the list or lists of auqaf under this Chapter shall be borne by the State Government. ]
1. Subs. by Act 27 of 2013, s. 4, for “wakfs” (w.e.f. 1-11-2013).
2. Subs. by s. 9, ibid., for “any question” (w.e.f. 1-11-2013).
3. Subs. by s. 4, ibid., for “wakf” (w.e.f. 1-11-2013).
4. Subs. by s. 9, ibid., for “or any person interested” (w.e.f. 1-11-2013). 5. Ins. by s. 9, ibid. (w.e.f. 1-11-2013).
6. Subs. by s. 10, ibid., for section 8 (w.e.f. 1-11-2013). CHAPTER III CENTRAL '[WAQF] COUNCIL
9. Establishment and constitution of Central '[Waqf] Council—[(/) The Central
Government
may, by notification in the Official Gazette, establish a Council to be called
the Central Waqf Council, for
the purpose of advising the Central Government, the State Governments and the
Boards on matters
concerning the working of Boards and the due administr
10. Finance of Council——(/) Every Board shall pay from its '[Waqf] Fund annually to the Council such contribution as is equivalent to one per cent. of the aggregate of the net annual income of the *[auqaf] in respect of which contribution is payable under sub-section (/) of section 72: Provided that where the Board, in the case of any particular ‘[waqf] has remitted under sub-section (2) of section 72 the whole of the contribution payable to it under sub-section (/) of that section, then for calculating the contribution payable to the Council under this section the net annual income of the '[waqf] in respect of which such remission has been granted shall not be taken into account.
(2) All monies received by the Council under sub-section (/) and all other monies received by it as donations, benefactions and grants shall form a fund to be called the Central '[Waqf] Fund.
(3) Subject to any rules that may be made by the Central Government in this
behalf, the Central
'[Wa
11. Accounts and audit—(/) The Council shall cause to be maintained such books of account and other books in relation to its accounts in such form and in such manner as may be prescribed by rules made by the Central Government. (2) The accounts of the Council shall be audited and examined annually by such auditor as may be appointed by the Central Government.
(3) The costs of the audit shall be paid from the Central '[Waqf] Fund.
12. Power of Central Government to make rules——(/) The Central Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Chapter. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the term of office of, the procedure to be followed in the discharge of their functions by, and the manner of filling casual vacancies among, the members of the Council;
(b) control over and application of the Central '[Waqf] Fund; (c) the form and manner in which accounts of the Council may be maintained.
(3) Every rule made by the Central Government under this Chapter shall be
laid, as soon as may be
after it is made, before each House of Parliament, while it is in session for
a total period of third days,
which may be comprised in one session or in two or more successive sessions,
and if, before the expiry of
the session immediately foll
13. Incorporation.—(/) With effect from such date as the State Government may, by notification in the Official Gazette, appoint in this behalf, there shall be established a Board of *[Auqaf] under such name as may be specified in the notification: *[Provided that in case where a Board of Wagf has not been established, as required under this sub-section, a Board of Waaf shall, without prejudice to the provisions of this Act or any other law for the time being in force, be established within six months from the date of commencement of the Wakf (Amendment) Act, 2013 (27 of 2013).]
1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.ef, 1-11-2013).
2. Subs. by s. 4, ibid., for “wakfs” (w.e.f. 1-11-2013).
3. Ins. by s. 12, ibid. (w.ef. 1-11-2013). 11 (2) Notwithstanding anything contained in sub-section (J), if the Shia
'Taugaf] in any State constitute
in number more than fifteen per cent. of all the '[auqaf] in the State or if
the income of the properties of
the Shia '[augaf] in the
14. Composition of Board.—(/) The Board for a State and *[the National Capital Territory of Delhi] shall consist of— (a) a Chairperson;
(6) one and not more than two members, as the State Government may think fit, to be elected from each of the electoral colleges consisting of— (i) Muslim Members of Parliament from the State or, as the case may be, *[the National Capital Territory of Delhi];
(ii) Muslim Members of the State Legislature; ‘[(ii?) Muslim members of the Bar Council of the concerned State or Union territory:
Provided that in case there is no Muslim member of the Bar Council of a State or a Union territory, the State Government or the Union territory administration, as the case may be, may nominate any senior Muslim advocate from that State or the Union territory, and]
(iv) mutawallis of the ‘faugaf] having an annual income of rupees one lakh and above.
[Explanation I—For the removal of doubts, it is hereby declared that the
members fro
15. Term of office —The members of the Board shall hold office for a term of five years “[from the date of notification referred to in sub-section (9) of section 14].
16. Disqualification for being appointed, or for continuing as, a member of the Board.—A person shall be disqualified for being appointed, or for continuing as, a member of the Board if— (a) he is not a Muslim and is less than twenty-one years of age; (b) he is found to be a person of unsound mind; (c) he is an undischarged insolvent;
(d) he has been convicted of an offence involving moral turpitude and such conviction has not been reversed or he has not been granted full pardon in respect of such offence;
1. Ins. by Act 27 of 2013, s. 13 (w.e.f. 1-11-2913).
2. Sub-sections (5) and (7) omitted by s. 13, ibid. (w.e.f. 1-11-2013). 3. Subs. by s. 4, ibid., for “wakfs” (w.e.f. 1-11-2013).
4. Ins. by s. 14, ibid. (w.e.f. 1-11-2013). 13 '[(da) he has been held guilty of encroachment on any
17. Meetings of the Board.—(/) The Board shall meet for the transaction of business at such time and places as may be provided by regulations. (2) The Chairperson, or in his absence, any member chosen by the members from amongst themselves shall preside at a meeting of the Board.
(3) Subject to the provisions of this Act, all questions which come before any meeting of the Board shall be decided by a majority of votes of the members present, and in the case of equality of votes, the Chairperson or, in his absence, any other person presiding shall have a second or casting vote.
18. Committees of the Board.——(/) The Board may, whenever it considers necessary, establish either generally or for a particular purpose or for any specified area or areas committees for the supervision of “[augaf]. (2) The Constitution, functions and duties and the term of office of such committees shall be determined from time to time by the Board:
Provided that it shall not be necessary for the members of such committees to be members of the Board.
19. Resignation of Chairperson and members.—The Chairperson or any other member may resign his office by writing under his hand addressed to the State Government: Provided that the Chairperson or the member shall continue in office until the appointment of his successor is notified in the Official Gazette.
20. Removal of Chairperson and member.—(/) The State Government may, by notification in the Official Gazette, remove the Chairperson of the Board or any member thereof if he— (a) is or becomes subject to any disqualifications specified in section 16; or
(b) refuses to act or is incapable of acting or acts in a manner which the State Government, after hearing any explanation that he may offer, considers to be prejudicial to the interests of the *Tauqaf]; or
(c) fails in the opinion of the Board, to attend three consecutive meetings of the Board, without sufficient excuse.
(2) Where the Chairperson of the Board is removed under sub-section (/), he shall also cease to be a member of the Board.
5[20A. Removal of Chairperson by vote of no confidence.—Without prejudice to the provisions of section 20, the Chairperson of a Board may be removed by vote of no confidence in the following manner, namely:— (a) no resolution expressing a vote of confidence or no confidence in any person elected as Chairperson of a Board shall be moved except in the manner prescribed and twelve months have not elapsed after the date of his election as a Chairperson and be removed except with the prior permission of the State Government;
(b) notice for no confidence shall be addressed to the State Government stating clearly the grounds on which such motion is proposed to be moved and shall be signed by at least half the total members of the Board;
1. Ins. by Act 27 of 2013, s. 15 (w.e-f. 1-11-2013).
2. Subs. by s. 4, ibid., for “wakfs” (w.e-f. 1-11-2013).
3. Ins. by s. 16, ibid. (w.ef. 1-11-2013). 14 (c) at least three members of the Board signing the notice of no confidence
shall pers
21. Filling of a vacancy.—When the seat of a member becomes vacant by his removal, resignation, death or otherwise, a new member shall be appointed in his place and such member shall hold office so long as the member whose place he fills would have been entitled to hold office, if such vacancy had not occurred.
22. Vacancies, etc., not to invalidate proceedings of the Board.—No act or proceeding of the Board shall be invalid by reason only of the existence of any vacancy amongst its member or any defect in the constitution thereof.
23. Appointment of Chief Executive Officer and his term of office and other conditions of service. [(/)There shall be a full-time Chief Executive Officer of the Board who shall be a Muslim and shall be appointed by the State Government, by notification in the Official Gazette, from a panel of two names suggested by the Board and who shall not be below the rank of Deputy Secretary to the State
1. Subs. by Act 27 of 2013, s. 17, for sub-section (/) (w.e.f. 1-11-2013). 15 Government, and in case of non-availability of a Muslim officer of that rank, a Muslim officer of equivalent rank may be appointed on deputation. ]
(2) The term of office and other conditions of service of the Chief Executive Officer shall be such as may be prescribed.
24. Officers and other employees of the Board.—(/) The Board shall have the assistance of such number of officers and other employees as may be necessary for the efficient performance of its functions under this Act, details thereof shall be determined by the Board in consultation with the State Government. (2) The appointment of officers and other employees, their term of office and conditions of service shall be such as may be provided by regulations.
25. Duties and powers of Chief Executive Officer —(/) Subject to the provisions of this Act and of the rules made thereunder and the directions of the Board, functions of the Chief Executive Officer shall include— (a) investigating the nature and extent of '[auqaf] and [waqf] properties and calling whenever necessary, an inventory of [waqf] properties and calling, from time to time, for accounts, returns and information from mutawallis;
(b) inspecting or causing inspection of *[waqf] properties and accounts, records, deeds or documents relating thereto;
(c) doing generally of such acts as may be necessary for the control, maintenance and superintendence of '[auqaf].
(2) In exercising the powers of giving directions under sub-section (/) in
respect of any [waqf], the
Board shall act in conformity with the directions by the [waqf] in the deed
of the "[waqf], the purpose of
[waqf] and such usage and customs of the [waqf] as are sanctioned by the school of Muslim l
'[27. Delegation of powers by the Board.—The Board may, by a general or special order in writing, delegate to the Chairperson, any other member, the Chief Executive Officer or any other officer or servant of the Board or any area committee, subject to such conditions and limitations as may be specified in the said order, such of its powers and duties under this Act, as it may deem necessary, except the powers and functions of the Board mentioned under clauses (c), (d), (g) and (/) of sub- section (2) of section 32 and section 110.]
7128. Power of District Magistrate, Additional District Magistrate or Sub-
Divisional Magistrate
to implement the directions of the Board.—Subject to the provisions of this
Act and the rules made
thereunder, the District Magistrate or in his absence an Additional District
Magistrate or Sub-Divisional
Magistrate of a District in the State shall be responsible for implementation
of the decisions of the Board
which may be conveyed through the Chief E
30. Inspection of records.—(/) The Board may allow inspection of its proceedings or other records in its custody and issue copies of the same on payment of such fees and subject to such conditions as may be prescribed. (2) All copies issued under this section shall be certified by the Chief Executive Officer of the Board in the manner provided in section 76 of the Indian Evidence Act, 1872 (1 of 1872).
(3) The powers conferred on the Chief Executive Officer by sub-section (2) may be exercised by such other officer or officers of the Board as may either generally or specially be authorised in this behalf by the Board.
31. Prevention of disqualification for membership of Parliament.—It is hereby declared that the offices of the Chairperson or member of a Board shall not be disqualified and shall be deemed never to have been disqualified for being chosen as, or for being, a Member of Parliament “[or a Member of Union territory Legislature or a Member of a State Legislature if so declared under a law made by the appropriate State Legislature].
32. Powers and functions of the Board.—(/) Subject to any rules that may be made under this Act, the general superintendence of all ‘[auqaf] in a State shall vest in the Board established or the State; and it shall be the duty of the Board so to exercise its powers under this Act as to ensure that the “[augaf] under its superintendence are properly maintained, controlled and administered and the income thereof is duly applied to the objects and for the purposes for which such “[auqaf] were created or intended: Subs. by Act 27 of 2013, s. 18, for section 27 (w.e.f. 1-11-2013).
Subs. by s. 19, ibid., for section 28 (w.e.f. 1-11-2013).
S. 29 numbered as sub-section (/) thereof by s. 20, ibid. (w.e.f. 1-11-2013). Subs. by s. 20, ibid., for certain words (w.e.f. 1-11-2013).
Subs. by s. 4, ibid., for “wakf” (w.e.f. 1-11-2013).
Ins. by s. 20, ibid. (w.e.f. 1-11-2013).
Ins. by s. 21, ibid. (w.e.f. 1-11-2013).
Subs. by s. 4, ibid., for “wakfs” (w.e.
34. Recovery of the amount determined under section 33.—Where any mutawalli
or other person
who has been ordered, whether under sub-section (3) or sub-section (5) of
section 33, to make any
payment or to restore the possession of any property, omits or fails to make
such payment or restoration
within the time specified in such order, the Chief Executive Officer, with the
prior approval of the Board
shall, take such steps as he may think fit for the recovery of possession of
the property aforesaid and shall
also send a certificate to the Collector of the district in which the property
of such mutawalli or other
person is situate, stating therein the amount that has been determined by him
or by the Tribunal, as the
case may be, under section 33, as being payable by such mutawalli or other
person, and, thereupon, the
Collector shall recover the amount specified in such certificate as if it were
an arrear of land revenue and
on the recovery of such amount, pay the same to the Chief Exe
35. Conditional attachment by Tribunal.—(/) Where the Chief Executive Officer is satisfied that the mutawalli or any other person who has been ordered under sub-section (3) or sub-section (5) of section 33 to make any payment, with intent to defeat or delay the execution of the said order,— (a) is about to dispose of the whole or any part of the property; or (b) is about to remove the whole or any part of the property from the jurisdiction of the Chief Executive Officer, he may, with prior approval of the Board, apply to the Tribunal for the conditional attachment of the said property or such part thereof, as he may think necessary.
1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013). 20 (2) The Chief Executive Officer shall, unless the Tribunal otherwise directs, specify in the application the property required to be attached and the estimated value thereof.
(3) The Tribunal may direct the mutawalli or the person concerned, as the case
may be, within a ti
36. Registration.—(/) Every *Twaqf], whether created before or after the commencement of this Act, shall be registered at the office of the Board. (2) Application for registration shall be made by the mutawalli:
Provided that such applications may be [made by the waqf] or his descendants or a beneficiary of the [waqf] or any Muslim belonging to the sect to which the *[waqf] belongs.
(3) An application for registration shall be made in such form and manner and at such place as the Board may by regulation provide and shall contain the following particulars: — (a) a description of the *[waqf] properties sufficient for the identification thereof; (b) the gross annual income from such properties;
(c) the amount of land revenue, cesses, rates and taxes annually payable in respect of the *[waqf] properties;
(d) an estimate of the expenses annually incurred in the realisation of the income of the *Twaqf] properties;
(e) the amount set apart under the *Twa
Section 36 of the Waqf Act, 1995, mandates the registration of all waqf properties with the Waqf Board, establishing a statutory framework for the identification, registration, and regulation of waqf assets in India. This section aims to ensure transparency, proper management, and legal recognition of waqf properties, which are dedicated for religious, charitable, or public purposes under Islamic law.
Section 36 stipulates that:- Every waqf, created before or after the commencement of the Act, must be registered at the office of the Waqf Board.- The application for registration must be made by the mutawalli, wakif, their descendants, beneficiaries, or any Muslim belonging to the sect concerned.- The application must contain details such as property description, income, land revenue, expenses, and objects of the waqf.- The application must be made within three months from: - The commencement of the Act (for existing waqfs), - The creation of the waqf, - The establishment of the Board (for newly created waqfs).- The Board is empowered to make inquiries regarding the genuineness and correctness of the application before registration.
Note: The references are based on the provided sources, summarized as per the requested format.
38. Powers of Board to appoint Executive Officer —(/) Notwithstanding anything contained in this Act, the Board may, if it is of the opinion that it is necessary so to do in the interests of the '[waqf], appoint on whole-time or part-time or in an honorary capacity, subject to such conditions as may be provided by regulations, an Executive Officer with such supporting staff as it considers necessary for any '[waqf] having a gross annual income of not less than five lakh rupees: Provided that the person chosen for appointment should be a person professing Islam.
(2) Every Executive Officer appointed under sub-section (/) shall exercise such powers and discharge such duties as pertain only to the administration of the property of the '[waqf] for which he has been appointed and shall exercise those powers and discharge those duties under the direction, control and supervision of the Board:
Provided that the Executive Officer who is appointed for a '[waqf] having a
gross
44, Budget—(/) Every mutawalli of a '[waqf] shall, in every year prepare, in such form and at such time as may be prescribed, a budget in respect of the financial year next ensuing showing the estimated receipts and expenditure during that financial year.
(2) Every such budget shall be submitted by the mutawalli at least *[thirty days] before the beginning of the financial year to the Board and shall make adequate provision for the following: — (i) for carrying out the objects of the '[waqf]; (ii) for the maintenance and preservation of the '[waqf] property;
(iit) for the discharge of all liabilities and subsisting commitments binding on the '[waqf] under this Act or any other law for the time being in force.
4[(3) In case the Board considers any item in the budget being contrary to the objects of the waqf and the provisions of this Act, it may give such direction for addition or deletion of such item as it may deem fit.]
1. Subs. by Act 27 of 2013, s. 4
48. Board to pass orders on auditor’s report.—(/) The Board shall examine the auditor’s report, and may call for the explanation of any person in regard to any matter mentioned therein, and shall pass such orders as it thinks fit including orders for the recovery of the amount certified by the auditor under sub-section (2) of section 47. (2) The mutawalli or any other person aggrieved by any order made by the Board may, within thirty days of the receipt by him of the order, apply to the Tribunal to modify or set aside the order and the Tribunal may, after taking such evidence as it may think necessary, confirm or modify the order or remit the amount so certified, either in whole or in part, and may also make such order as to costs as it may think appropriate in the circumstances of the case.
(3) No application made under sub-section (2) shall be entertained by the
Tribunal unless the amount
certified by the auditor under sub-section (2) of section 47 has first been
deposited
49. Sums certified to be due recoverable as arrears of land revenue.—(/) Every sum certified to be due from any person by an auditor in his report under section 47 unless such certificate is modified or cancelled by an order of the Board or of the Tribunal made under section 48, and every sum due on a modified certificate shall be paid by such person within sixty days after the service of a demand notice for the same issued by the Board. (2) If such payment is not made in accordance with the provisions of sub- section (/), the sum payable may, on a certificate issued by the Board after giving the person concerned an opportunity of being heard, be recovered in the same as an arrear of land revenue.
1. Ins. by Act 27 of 2013, s. 28 (w.e.f. 1-11-2013).
2. Subs. by s. 4, ibid., for “wakf” (w.e.f. 1-11-2013).
3. Subs. by s. 4, ibid., for “wakfs” (w.e.f. 1-11-2013).
4. Subs. by s. 28, ibid., for “more than ten thousand rupees but less than
fifteen thousand rup
50. Duties of mutawalli.—It shall be the duty of every mutawalli— (a) to carry out the directions of the Board in accordance with the provisions of this Act or of any rule or order made thereunder;
(b) to furnish such returns and supply such information or particulars as may from time to time be required by the Board in accordance with the provisions of this Act or of any rule or order made thereunder;
(c) to allow inspection of '[waqf] properties, accounts or records or deeds and documents relating thereto;
(d) to discharge all public dues; and (e) to do any other act which he is lawfully required to do by or under this Act.
51. Alienation of '[waqf] property without sanction of Board to be void.—[(/)
Notwithstanding
anything contained in the waqf deed, any lease of any immovable property which
is waqf property, shall
be void unless such lease is effected with the prior sanction of the Board: Provided that no mosque, dargah, khanqah, graveyard, or imamb
'[52A. Penalty for alienation of waqf property without sanction of Board.—(/) Whoever alienates or purchases or takes possession of, in any manner whatsoever, either permanently or temporarily, any movable or immovable property being a waqf property, without prior sanction of the Board, shall be punishable with rigorous imprisonment for a term which may extend to two years:
Provided that the waqf property so alienated shall without prejudice to the provisions of any law for the time being in force, be vested in the Board without any compensation therefor.
(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) any offence punishable under this section shall be cognizable and non-bailable.
(3) No court shall take cognizance of any offence under this section except on a complaint made by the Board or any officer duly authorised by the State Government in this behalf.
(4) No court inferior to that of a Metropolitan Magistr
55. Enforcement of orders made under section 54.—Where the person, ordered
under
‘[sub-section (4)] of section 54 to remove any encroachment, omits or fails to
remove such encroachment,
within the time specified in the order or, as the case may be, fails to vacate
the land, building, space or
other property to which the order relates, within the time aforesaid, the
Chief Executive Officer may
*[refer the order of the Tribunal to the Executive Magistrate] within the local limits of whose jurisdiction
the land, building, space or other property, is situate for evicting the
encroacher, and, thereupon, such
Magistrate shall make an order directing the encroacher to remove the
encroachment, or, as the case may
be, vacate the land, building, space or other property and to deliver
possession thereof to the concerned
mutawalli and in default of compliance with the order, remove the encroachment
or, as the case may be,
evict the encroacher from the land, building, space or other property an
58. Power of Board to pay dues in case of default by mutawalli—(/) Where a mutawalli refuses to pay or fails to pay any revenue, cess, rates or taxes due to the Government or any local authority, the Board may discharge dues from the '[Waqf] Fund and may recover the amount so paid from the '[waqf] property and may also recover damages not exceeding twelve and a half per cent. of the amount so paid.
1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013).
2. Subs. by, s. 35, ibid., for “A lease or sub-lease for any period exceeding three years” (w.e.f. 1-11-2013).
3. Ins. by s. 35, ibid. (w.e.f. 1-11-2013).
4. Subs. by s. 35, ibid., for “A lease or sub-lease for any period exceeding one year and not exceeding three years” (w.e.f. 1-11-2013).
5. The words “or sub-lease” omitted by s. 35, ibid. (w.e.f. 1-11-2013). 30 (2) Any sum of money due under sub-section (/) may, on a certificate issued by
the Board after
giving the mutawalli concerned a
59. Creation of reserve fund.—For the purpose of making provisions for the payment of rent and of revenue, cess, rates and taxes due to the Government or any local authority, for the discharge of the expenses of the repair of the '[waqf] property and for the preservation of the '[waqf] property, the Board may direct the creation and maintenance, in such manner as it may think fit, of a reserve fund from the income of a 'Twaqf].
60. Extension of time.—The Board may, if its is satisfied that it is necessary so to do, extend the time within which any act is required to be done by the mutawalli under this Act.
61. Penalties.—(/) If a mutawalli fails to— (a) apply for the registration of a *[augqaf]; (b) furnish statements of particulars or accounts or returns as required under this Act; (c) supply information or particulars as required by the Board; (d) allow inspection of '[waqf] properties, accounts, records or deeds and documents relating thereto;
(e) deliver possession of any '[waqf] property, if ordered by the Board or Tribunal;
(f) carry out the directions of the Board;
(g) discharge any public dues; or
(A) do any other act which he is lawfully required to do by or under this Act;
he shall, unless he satisfies the court or the Tribunal that there was
reasonable cause for his failure, be
punishable with fine which may extend to *Iten thousand rupees for non-
compliance of clauses (a) to (d)
and in case of non-compliance of clauses (e) to (h), he shall be punishable
with imprisonment for a term
which may extend to six months and also with fine which
63. Power to appoint mutawallis in certain cases——When there is a vacancy in the office of the mutawalli of a '[waqf] and there is no one to be appointed under the terms of the deed of the '[waqf], or where the right of any person to act as mutawalli is disputed, the board may appoint any person to act as mutawalli for such period and on such conditions as it may think fit.
64. Removal of mutawalli—(/) Notwithstanding anything contained in any other law or the deed of '[waqf], the Board may remove a mutawalli from his office if such mutawalli— (a) has been convicted more than once of an offence punishable under section 61; or
(b) has been convicted of any offence of criminal breach of trust or any other offence involving moral turpitude, and such conviction has not been reversed and he has not been granted full pardon with respect to such offence; or
(c) is of unsound mind or is suffering from other mental or physical defect or infirmity which would render him unfit to perform the functions and discharge the duties of a mutawalli; or
(d) is an undischarged insolvent; or
(e) is proved to be addicted to drinking liquor or other spirituous preparations, or is addicted to the taking of any narcotic drugs; or
(f) is employed as paid legal practitioner on behalf of, or against, the '[waqf]; or
(g) has failed, withou
67. Supervision and supersession of committee of Management.—(/) Whenever the supervision or management of a '[waqf] is vested in any committee appointed by the '[waqf], then, notwithstanding anything contained in this Act, such committee shall continue to function until it is superseded by the Board or until the expiry of its term as may be specified by the '[waqf], whichever is earlier: Provided that such committee shall function under the direction, control and supervision of the Board and abide by such directions as the Board may issue from time to time:
Provided further that if the Board is satisfied that any scheme for the
management of a '[waqf] by a
committee is inconsistent with any provision of this Act or of any rule made
thereunder or with the
directions of the '[waqf], it may, at any time, modify the scheme in such
manner as may be necessary to
bring it in conformity with the directions of the '[waqf] or of the provisions
of this Act and the rules made
thereunde
68. Duty of mutawalli or committee to deliver possession of records, etc.—(/) Where any mutawalli or committee of management has been removed by the Board in accordance with provisions of this Act, or of any scheme made by the Board, the mutawalli or the committee so removed from the office (hereinafter in this section referred to as the removed mutawalli or committee) shall hand over charge and deliver possession of the records, accounts and all properties of the '[waqf] (including cash) to the successor mutawalli or the successor committee, within one month from the date specified in the order.
1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013). 34 (2) Where any removed mutawalli or committee fails to deliver charge or
deliver possession of the
records, accounts and properties (including cash) to the successor mutawalli
or committee within the time
specified in sub-section (/), or prevents or obstructs such mutawalli or
committee, from obtaining
possession the
71. Manner of holding inquiry—(/) The Board may, either on an application received under section 7[70] or on its own motion,— (a) hold an inquiry in such manner as may be prescribed; or
(b) authorise any person in this behalf to hold an inquiry into any matter relating to a '[waqf] and take such action as it thinks fit.
(2) For the purposes of an inquiry under this section, the Board or any person authorised by it in this behalf, shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908) for enforcing the attendance of witnesses and production of documents.
CHAPTER VII FINANCE OF THE BOARD
72. Annual contribution payable to Board.—(/) The mutawalli of every ‘[waqf], the net annual income of which is not less than five thousand rupees, shall pay annually, out of the net annual income derived by the '[waqf], such contributions, not exceeding seven per cent. of such annual income, as may be prescribed, to the Board for the services rendered by such Board to the '[waqf]. Explanation I —For the purposes of this Act, “net annual income” shall mean the gross income of the '[waqf] from all sources, including nazars and offerings which do not amount to contributions to the corpus of the *[auqaf], in a year after deducting therefrom the following, namely:— (i) the land revenue paid by it to the Government; (ii) the rates, cesses, taxes and licence fees, paid by it to the Government or any local authority;
(ii?) expenditure incurred for all or any of the “[in respect of lands
directly under cultivation by
the mutawalli for the benefit of the waqf], namely:— (a) maintenan
75. Power of board to borrow.—(/) For the purpose of giving effect to the provisions of this Act, the Board may, with the previous sanction of the State Government, borrow such sum of money and on such terms and conditions as the State Government may determine. (2) The Board shall repay the money borrowed, together with any interest or costs due in respect thereof, according to the terms and conditions of the loan.
76. Mutawalli not to lend or borrow moneys without sanction—(/) No mutawalli, Executive Officer or other person in charge of the administration of a '[waqf] shall lend any money belonging to the ‘[waqf] or any '[waqf] property or borrow any money for the purposes of the '[waqf] except with the previous sanction of the Board: Provided that no such sanction is necessary if there is an express provision in the deed of '[waqf] for such borrowing or lending, as the case may be.
(2) The Board may, while according sanction, specify any terms and conditions subject to which the person referred to in sub-section (/) is authorised by him to lend or borrow any money or lend any other '[waqf] property.
(3) Where any money is lent or borrowed, or other '[waqf] property is lent in
contravention of the
provisions of this section, it shall be lawful for the Chief Executive
Officer,— (a) to recover an amount equal to the amount which has been so lent or
borrowed, together with
interes
78. Budget of Board.—(/) The Board shall in every year prepare, in such form and at such time as may be prescribed, a budget for the next financial year showing the estimated receipts and expenditure during that financial year and forward a copy of the same to the State Government. (2) On receipt of the budget forwarded to it under sub-section (/), the State Government shall examine the same and suggest such alterations, corrections or modifications to be made therein as it may think fit and forward such suggestions to the Board for its consideration.
(3) On receipt of the suggestions from the State Government the Board may make
written
representations to that Government with regard to the alterations, corrections
or modifications suggested
by that Government and the State Government shall, after considering such
representations,
communicate, within a period of three weeks from the date of receipt thereof,
to the Board its final
decision in relation to the matter and the dec
79. Accounts of Board.—The Board shall cause to be maintained such books of account and other books in relation to its accounts in such form and in such manner as may be provided by regulations.
80. Audit of accounts of Board.—(/) The accounts of the Board shall be audited and examined annually by such auditor as may be appointed by the State Government. (2) The auditor shall submit his report to the State Government and the report of the auditor shall, among other things, specify whether the accounts of every *[waqf] under the direct management of the Board have been kept separately and whether such accounts have been audited annually by the State Examiner of Local Funds and shall also specify all cases of irregular, illegal or improper expenditure or of failure to recover money or other property caused by neglect or misconduct and any other matter which the auditor considers it necessary to report; and the report shall also contain the name of any person who, in the opinion of the auditor is responsible for such expenditure or failure and the auditor shall in every such case certify the amount of such expenditure or loss as due from such person.
(3) The cost of th
81. State Government to pass orders on auditor’s report.—The State Government shall examine the auditor’s report and may call for the explanation of any person in regard to any matter mentioned therein, and shall pass such orders on the report as it thinks fit *[and a copy of the said auditor’s report, along with orders shall be forwarded by the State Government to the Council within a period of thirty days of laying of such report before each House of the State Legislature where it consists of two Houses or where such Legislatures consist of one House, before that House].
82. Dues of Board to be recovered as arrears of land revenue.—(/) Every sum certified to be due from any person by an auditor in his report under section 80, be paid by such person within sixty days after service of a demand notice by the Board. (2) If such payment is not made in accordance with the provisions of sub- section (/), the sum payable may, on a certificate issued by the Board, after giving the person concerned an opportunity of being heard, be recovered as an arrear of land revenue.
1. Ins. by Act 27 of 2013, s. 42 (w.e.f. 1-11-2013). 2. Subs. by s. 4, ibid., for “wakf” (w.e.f. 1-11-2013). 3. Subs. by s. 43, ibid., for “as it thinks fit” (w.e.f. 1-11-2013). 40 CHAPTER VIII JUDICIAL PROCEEDINGS
83. Constitution of Tribunals, ete.—'[(/) The State Government shall, by
notification in the Official
Gazette, constitute as many Tribunals as it may think fit, for the
determination of any dispute, question or
other matter relating to a waqf or waqf property, evicti
85. Bar of jurisdiction of civil courts——No suit or other legal proceeding shall lie in any *[civil court, revenue court and any other authority] in respect of any dispute, question or other matter relating to any '[waqf], '[waqf] property or other matter which is required by or under this Act to be determined by a Tribunal.
86. Appointment of a receiver in certain cases.—Notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908), or in any other law for the time being in force, where any suit or other legal proceeding is instituted or commenced— (a) by or on behalf of a Board— (i) to set aside the sale of any immovable property, which is '[waqf] property, in execution of a decree or order of a civil court;
(ii) to set aside the transfer of any immovable property, which is '[waqf] property, made by the mutawalli thereof, whether for valuable consideration or not, without or otherwise than in accordance with, the sanction of the Board;
(iii) to recover possession of the property referred to in clause (a) or clause (5) or to restore possession of such property to the mutawalli of the concerned '[waqf]; or
(b) by a mutawalli to recover possession of immovable property, which is
'[waqf] property,
which has been transferred by a previous mutawalli *[or by any ot
87. [Bar to the enforcement of right on behalf of unregistered wakfs.] Omitted by the Wakf (Amendment) Act, 2013 (27 of 2013), s. 47 (w.ef. 1-11-2013).
88. Bar to challenge the validity of any notification, ete.—Save as otherwise expressly provided in this Act, no notification or order or decision made, proceeding or action taken, by the Central Government or the State Government under this Act or any rule made thereunder shall be questioned in any Civil Court.
89. Notice of suits by parties against Board.—No suit shall be instituted
against the Board in
respect of any act purporting to be done by it in pursuance of this Act or of
any rules made thereunder,
until the expiration of two months next after notice in writing has been
delivered to, or left at, the office of
the Board, stating the cause of action, the name, description and place of
residence of the plaintiff and the
relief which he claims; and the plaint shall contain a statement that such
notice has been so
89. Notice of suits by parties against Board.—No suit shall be instituted against the Board in respect of any act purporting to be done by it in pursuance of this Act or of any rules made thereunder, until the expiration of two months next after notice in writing has been delivered to, or left at, the office of the Board, stating the cause of action, the name, description and place of residence of the plaintiff and the relief which he claims; and the plaint shall contain a statement that such notice has been so delivered or left.
1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e-f, 1-11-2013). 2. Subs. by s. 45, ibid., for “civil court” (/) (w.e-f. 1-11-2013). 3. Ins. by s. 46, ibid. (w.e.f. 1-11-2013). 42
90. Notice of suits, etc., by courts.—(/) In every suit or proceeding relating to a title to or possession of a '[waqf] property or the right of a mutawalli or beneficiary, the court or Tribunal shall issue notice to the Board at the cost of the party instituting such suit or proceeding. (2) Whenever any '[waqf] property is notified for sale in execution of a decree of a civil court or for the recovery of any revenue, cess, rates of taxes due to the Government or any local authority, notice shall be given to the Board by the court, Collector or other person under whose order the sale is notified.
(3) In the absence of a notice under sub-section (/), any decree or order passed in the suit or proceeding shall be declared void, if the Board, within *[six month] of its coming to know of such suit or proceeding, applies to the court in this behalf.
(4) In the absence of a notice under sub-section (2), the sale shall be
declared void, if the Board,
within one month of its c
91. Proceedings under Act 1 of 1894.—(/) If, in the course of proceedings under the Land Acquisition Act, 1894 or under any law for the time being in force relating to the acquisition of land or other property, *[and before an award is made, in case the property] under acquisition is '[waqf] property, a notice of such acquisition shall be served by Collector on the Board and further proceedings shall be stayed to enable the Board to appear and plead as a party to the proceeding at any time within three months from the date of the receipt of such notice. Explanation.—The reference to the Collector in the foregoing provisions of this sub-section shall, in relation to any other law referred to therein, be construed, if the Collector is not the competent authority under such other law to make an award of the compensation or other amount payable for acquisition of land or other property thereunder, as a reference to the authority under such other law competent to make such award.
92. Board to be party to suit or proceeding.—In any suit or proceeding in respect of a '[waqf] or any '[waqf] property the Board may appear and plead as a party to the suit or proceeding.
93. Bar to compromise of suits by or against mutawallis.—No suit or proceeding in any court by or against the mutawalli of a '[waqf] relating to title to '[waqf] property or the rights of the mutawalli shall be compromised without the sanction of the Board.
94. Power to make application to the Tribunal in case of failure of mutawalli
to discharge his
duties.—(/) Where a mutawalli is under an obligation to perform any act which
is recognised by Muslim
law as pious, religious or charitable and the mutawalli fails to perform such
act, the Board may apply to
the Tribunal for an order directing the mutawalli to pay to the Board or to
any person authorised by the
Board in this behalf the amount necessary for the performance of such act. (2) Where a mutawalli is under an obligation to discharge any other duties
imposed on him under the
'[waqf] and the mutawalli wilfully fails to discharge such duties, the Board
or any person interested in the
'[waqf] may make an application to the
97. Directions by State Government.—Subject to any directions issued by the Central Government under section 96, the State Government may, from time to time, give to the Board such general or special directions as the State Government thinks fit and in the performance of its functions, the Board shall comply with such directions: *[Provided that the State Government shall not issue any direction being contrary to any waqf deed or any usage; practice or custom of the waqf.]
98. Annual report by State Government.—As soon as may be after the close of a financial year, the State Government shall cause a general annual report on the working and administration of the State *[Waqf] Board and the Administration of '[augaf] in the State during that year to be prepared and laid before each House of the State Legislature where it consists of two Houses, or where such legislature consists of one House, before that House, and every such report shall be in such form and shall contain such matters as may be provided by regulations.
99. Power to supersede Board.—(/) If the State Government is of opinion that
the Board is unable
to perform or has persistently made default in the performance of, the duty
imposed on it by or under this
Act or has exceeded or abused its powers, or has wilfully and without
sufficient cause failed to comply
with any direction issued by the Central Government under section 96 or the
State Government
under section 97, or if the State Government is satisfied on consideration of
any report submitted after
annual inspection, that the Board’s continuance is likely to be injurious to
the interests of the '[augaf] in
the State, the State Government may, by notification in the Official Gazette,
supersede the Board for a
period not exceeding six months: Provided that before issuing a notification under this sub-section, the State
Government shall give a
reasonable time to the Board to show cause why it should not be superseded and
shall consider the
explanations and objections, if any, of the
100. Protection of action taken in good faith.—No suit or other legal proceeding shall lie against the board or Chief Executive Officer or Survey Commissioner or any other person duly appointed under this Act in respect of anything which is in good faith done or intended to be done under this Act.
101. Survey Commissioner, members and officers of the Board, deemed to be
public servants.—
(J) The Survey Commissioner, members of the Board, every officer, every
auditor of the Board and every
other person duly appointed to discharge any duties imposed on him by this Act
or any rule or order made
thereunder, shall be deemed to be public servants within the meaning of
section 21 of the Indian Penal
Code (45 of 1860). (2) Every mutawalli of a [waqf], every member of managing committee, whether
constituted by the
Board or under any deed of [waqf], every Executive Officer and every person
holding any office in a
*[waqf] shall also be deemed to be a public servant within the meaning o
102. Special provision for reorganisation of certain Boards.—(/) Where on
account of the
reorganisation of States under any law providing reorganisation of States, the
whole or any part of a State
in respect of which a Board was, immediately before the day of such
reorganisation, functioning has been
transferred on that day to another State and by reason of such transfer, it
appears to the Government of a
State in any part of which the Board is functioning that the Board should be
dissolved or that it should be
reconstituted as an Intra-State Board for the whole or any part of that State,
the State Government may
frame a scheme or such dissolution or such reconstitution, including proposals
regarding the transfer of
the assets, rights and liabilities of the Board to any other Board or State
Government and the transfer or
re-employment of employees of the Board and forward the scheme to the Central
Government. (2) On receipt of a scheme forwarded to it under sub-section (/), the Cen
103. Special provision for establishment of Board for part of a State—(/)
Where on account of
the territorial changes brought about by any law providing for the
reorganisation of any State, this Act is
as from the date on which that law comes into force applicable only to any
part or parts of a State but has
not been brought into force in the remaining part thereof, then
notwithstanding anything contained in this
Act, it shall be lawful for the Government of the State to establish one or
more Boards for such part or
parts in which this Act is in force and in such a case any reference in this
Act to the word “State” in
relation of a Board shall be construed as a reference to that part of the
State for which the Board is
established. (2) Where any such Board has been established and it appears to the Government
of the State, that a
Board should be established for the whole of the State, the State Government
may, by order notified in the
Official Gazette dissolve the Board established
106. Powers of Central Government to constitute common Boards.—(/) Where the Central Government is satisfied that by reasons of— (i) the smallness of the Muslim population in two or more States, (ii) the slender resources of the *TAugaf] in such States, and (iit) the disproportion between the number and income of the *[auqaf] and the Muslim population in such States, it is expedient in the interests of the [auqaf] in the States and the Muslim population of such States, to have, instead of separate Boards for each of such States, a common Board, it may, Tafter consultation with the Council and the Government] of each of the concerned States, establish, by notification in the Official Gazette, a common Board for such States as it may deem fit, and may, by the same or any subsequent notification specify the place at which the principal office of such common Board shall be located.
(2) Every common Board established under sub-section (/) shall, as far as
practicable, consist of
*1108A. Act to have overriding effect—The provisions of this Act shall have overriding effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act.]
109. Power to make rules.—(/) The State Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act, other than those of Chapter III. (2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:— *[(i) the qualifications required to be fulfilled by a person to be appointed as a mutawalli under clause (i) of section 3;
(ia) other particulars which the report of the Survey Commissioner may contain under clause (f) of sub-section (3) of section 4;]
(ii) any other matter under clause (f) of sub-section (4) of section 4;
(iii) the particulars which a list of ‘[Auqaf] published under sub-section (2) of section 5, may contain;
(iv) the manner of election of members of the Board by means of a single transferable vote, *[under sub-section (/) of ] sub-section (2) of section 14;
(v) the terms and conditions of service
110. Powers to make regulations by the Board.—(/) The Board may, with previous sanction of the State Government, make regulations not inconsistent with this Act or the rules made thereunder, for carrying out its functions under this Act. (2) In particular, and without prejudice to the generality of the foregoing powers, such regulations may provide for all or any of the following matters, namely— (a) the time and places of the meetings of the Board under sub-section (/) of section 17; (b) the procedure and conduct of business at the meetings of the Board;
(c) the constitution and functions of the committees and the Board and the procedure for transaction of business at the meetings of such committees;
(d) the allowances or fees to be paid to the Chairperson or members of the Board or members of committees;
(e) the terms and conditions of service of the officers and other employees of the Board under sub-section (2) of section 24;
1. Subs. by Act 27 of 20
Section 110 of the Waqf Act, 1995, confers the power upon the Waqf Board to formulate regulations necessary for the effective administration of waqf properties and related matters. This section is pivotal in enabling the Board to frame rules that facilitate the implementation of the Act's provisions, subject to the approval of the State Government.
Section 110 states that the Waqf Board may, with the prior sanction of the State Government, make regulations that are not inconsistent with the provisions of the Act. These regulations pertain to the administration, management, and other operational aspects of waqf properties and institutions.
The scope encompasses the formulation of rules for:- Appointment and conditions of service of officers and employees (as supported by Regulations 5.2(2) of the Kerala State Waqf Board Regulations, 2016)- Management and administration of waqf properties- Audit and accounts of waqf institutions- Procedures for alienation or purchase of waqf property (as per penalties under Section 52A)- Other operational matters necessary for the effective functioning of the Board
While Section 110 itself does not specify penalties, violations related to unauthorized alienation of waqf property without Board sanction are punishable under Section 52A, which prescribes penalties including fines and imprisonment for such offenses.
This commentary synthesizes the legal provisions, judicial interpretations, and administrative practices related to Section 110 of the Waqf Act, 1995, highlighting its significance in the regulatory framework governing waqf properties.
111. Laying of rules and regulations before State Legislature——Every rule made under section 109 and every regulation made under section 110 shall be laid, as soon as may be after it is made, before the State Legislature.
112. Repeal and savings.—(/) The Wakf Act, 1954 (29 of 1954) and the Wakf (Amendment) Act, 1984 (69 of 1984) are hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the said Acts shall be deemed to have been done or taken under the corresponding provisions of this Act.
(3) If, immediately before the commencement of this Act, in any State, there is in force in that State, any law which corresponds to this Act that corresponding law shall stand repealed:
Provided that such repeal shall not affect the previous operation of that corresponding law, and subject thereto, anything done or any action taken in the exercise of any power conferred by or under the corresponding law shall be deemed to have been done or taken in the exercise of the powers conferred by or under this Act as if this Act was in force on the day on which such things were done or action was taken.
113. Power to remove difficulties.—(/) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, not inconsistent with the provisions of this Act, remove the difficulty: Provided that no such order shall be made after the expiry of the period of two years from the commencement of this Act.
(2) However, order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.
1. Subs. by Act 27 of 2013, s. 4, for “wakfs” (w.e.f. 1-11-2013). 50
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