SECTIONS | Wakf Act, 1995 |
| |
| Preamble |
| |
| Chapter I: Preliminary |
1. | Short title, extent and commencement |
2. | Application of the Act |
3. | Definition |
| |
| Chapter II: Survey of Wakfs |
4. | Preliminary survey of Wakfs |
5. | Publication of list of Wakfs |
6. | Disputes regarding Wakfs |
7. | Power of Tribunal to determine disputes regarding Wakfs |
8. | Recovery of Costs of Survey |
| |
| Chapter III: Central Wakf Council |
9. | Establishment and constitution of Central Wakf Council |
10. | Finance of Council |
11. | Accounts and audit |
12. | Power of Central Government to make rules |
| |
| Chapter IV: Establishment of the Boards and their Functions |
13. | Incorporation |
14. | Composition of Board |
15. | Term of office |
16. | Disqualification for being appointed, or for continuing as, a member of the Board |
17. | Meetings of the Board |
18. | Committees of the Board |
19. | Resignation of Chairperson and members |
20. | Removal of Chairperson and member |
21. | Filling of a vacancy |
22. | Vacancies etc., not to invalidate proceedings of the Board |
23. | Appointment of Chief Executive Officer and his term of office and other conditions of service |
24. | Officers and other employees of the Board |
25. | Duties and powers of Chief Executive Officer |
26. | Powers of Chief Executive Officer in respect of orders or resolutions of Board |
27. | Delegation of powers by the Board |
28. | Chief Executive Officer to exercise powers through Collectors |
29. | Powers of Chief Executive Officer to inspect records, registers, etc |
30. | Inspection of records |
31. | Prevention of disqualification for membership of Parliament |
32. | Powers and function of the Board |
33. | Powers of inspection by Chief Executive Officer or persons authorised by him |
34. | Recovery of the amount determined under section 33 |
35. | Conditional attachment by Tribunal |
| Chapter V: Registration of Wakfs |
36. | Registration |
37. | Register of Wakfs |
38. | Powers of Board to appoint Executive Officer |
39. | Powers of Board in relation to Wakfs which have ceased to exist |
40. | Decision if a property is Wakf property |
41. | Power to cause registration of Wakf and to amend register |
42. | Change in the management of Wakfs to be notified |
43. | Wakfs registered before the commencement of this Act deemed to be registered |
| |
| Chapter VI: Maintenance of Accounts of Wakfs |
44. | Budget |
45. | Preparation of budget of Wakfs under direct management of the Board |
46. | Submission of Accounts of Wakfs |
47. | Audit of accounts of Wakfs |
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 |
51. | Alienation of Wakf property without sanction of Board to be void |
52. | Recovery of Wakf property transferred in contravention of Section 51 |
53. | Restriction on purchase of property on behalf of Wakf |
54. | Removal of encroachment from Wakf property |
55. | Enforcement of orders made under Section 54 |
56. | Restriction on power to grant lease of Wakf property |
57. | Mutawalli entitled to pay certain costs from income of Wakf property |
58. | Power of Board to pay dues in case of default by mutawallis |
59. | Creation of reserve fund |
60. | Extension of time |
61. | Penalties |
62. | Mutawalli not to spend any money belonging to Wakf for self defence |
63. | Power to appoint mutawallis in certain cases |
64. | Removal of Mutawalli |
65. | Assumption of direct management of certain Wakfs by the Board |
66. | Powers of appointment and removal of mutawalli when to be exercised by the State Government |
67. | Supervision and supersession of committee of Management |
68. | Duty of mutawalli or committee to deliver possession of records etc |
69. | Power of Board to frame scheme for administration of Wakf |
70. | Inquiry relating to administration of Wakf |
71. | Manner of holding inquiry |
| |
| Chapter VII: Finance of the Board |
72. | Annual contribution payable to Board |
73. | Power of Chief Executive Officer to direct banks or other person to make payments |
74. | Deduction of contribution from perpetual annuity payable to the Wakf |
75. | Power of board to borrow |
76. | Mutawalli not to lend or borrow moneys without sanction |
77. | Wakf Fund |
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 to Board to be recovered as arrears of land revenue |
83. | Constitution of Tribunals, etc. |
| |
| Chapter VIII: Judicial Proceedings |
84. | Tribunal to hold proceedings expeditiously and to furnish to the parties copies of its decision |
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 |
88. | Bar to challenge the validity of any notification, etc |
89. | Notice of suits by parties against Board |
90. | Notice of suits, etc., by Courts |
91. | Proceedings under the Act 1 of 1894 |
92. | Board to be party to suit or proceeding |
93. | Bar to compromise of suits by or against mutawallis |
94. | Power to make application to the Tribunal in case of failure of mutawalli to discharge his duties |
95. | Power of appellate authority to entertain appeal after expiry of specified period |
| |
| Chapter IX: Miscellaneous |
96. | Power of Central Government to regulate secular activities of Wakfs |
97. | Directions by State Government |
98. | Annual report by State Government |
99. | Power to supersede Board |
100. | Protection of action taken in good faith |
101. | Survey Commissioner, Members and Officers of the Board deemed to be public servants |
102. | Special provisions for reorganisation of certain Boards |
103. | Special provision for establishment of Board for part of a State |
104. | Application of Act to properties given or donated by persons not professing Islam for support of certain Wakf |
105. | Power of Board and Chief Executive Officer to require copies of documents, etc. to be furnished |
106. | Powers of Central Government to constitute common Boards |
107. | Act 36 of 1963 not to apply for recovery of Wakf properties |
108. | Special provision as to evacuee Wakf properties |
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 |