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The Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995

Central

An Act to provide for the better administration of Auqaf and for matters connected therewith or incidental thereto.

Act number
43 of 1995
Ministry
Ministry of Minority Affairs
Enacted
22 Nov 1995

Source: IndiaCode Portal, Legislative Department, Ministry of Law and Justice, Government of India. Open on India Code Check against the official text before relying on it.

126 sections

  1. Section 1Short title, extent and commencement.
  2. Section 2Application of the Act.
  3. Section 3Definitions.
  4. Section 3ACertain conditions of waqf.
  5. Section 3BFiling of details of waqf on portal and database.
  6. Section 3CWrongful declaration of waqf.
  7. Section 3DDeclaration of protected monument or protected area as waqf to be void.
  8. Section 3EBar of declaration of any land in Scheduled or Tribal area as waqf.
  9. Section 4Survey of auqaf.
  10. Section 5Publication of list of auqaf.
  11. Section 6Disputes regarding auqaf.
  12. Section 7Power of Tribunal to determine disputes regarding auqaf.
  13. Section 8State Government to bear cost of survey.
  14. Section 9Establishment and constitution of Central Waqf Council.
  15. Section 10Finance of Council.
  16. Section 11Accounts and audit.
  17. Section 12Power of Central Government to make rules.
  18. Section 13Incorporation.
  19. Section 14Composition of Board.
  20. Section 15Term of office.
  21. Section 16Disqualification for being appointed, or for continuing as, a member of the Board.
  22. Section 17Meetings of the Board.
  23. Section 18Committees of the Board.
  24. Section 19Resignation of Chairperson and members.
  25. Section 20Removal of Chairperson and member.
  26. Section 20AOmitted.
  27. Section 21Filling of a vacancy.
  28. Section 22Vacancies, etc., not to invalidate proceedings of the Board.
  29. Section 23Appointment of Chief Executive Officer and his term of office and other conditions of service.
  30. Section 24Officers and other employees of the Board.
  31. Section 25Duties and powers of Chief Executive Officer.
  32. Section 26Powers of Chief Executive Officer in respect of orders or resolutions of Board.
  33. Section 27Delegation of powers by Board.
  34. Section 28Power of District Magistrate, Additional District Magistrate or Sub-Divisional Magistrate to implement the directions of the Board.
  35. Section 29Powers of Chief Executive Officer to inspect records, registers, etc.
  36. Section 30Inspection of records.
  37. Section 31Prevention of disqualification for membership of Parliament.
  38. Section 32Powers and functions of the Board.
  39. Section 33Powers of inspection by Chief Executive Officer or persons authorised by him.
  40. Section 34Recovery of the amount determined under section 33.
  41. Section 35Conditional attachment by Tribunal.
  42. Section 36Registration.
  43. Section 37Register of auqaf.
  44. Section 38Powers of Board to appoint Executive Officer.
  45. Section 39Powers of Board in relation to auqaf which have ceased to exist.
  46. Section 40Omitted.
  47. Section 41Power to cause registration of waqf and to amend register.
  48. Section 42Change in the management of auqaf to be notified.
  49. Section 43Auqaf registered before the commencement of this Act deemed to be registered.
  50. Section 44Budget.
  51. Section 45Preparation of budget of auqaf under direct management of the Board.
  52. Section 46Submission of Accounts of auqaf.
  53. Section 47Audit of accounts of auqaf.
  54. Section 48Board to pass orders on auditor's report.
  55. Section 49Sums certified to be due recoverable as arrears of land revenue.
  56. Section 50Duties of mutawalli.
  57. Section 50ADisqualification of mutawalli.
  58. Section 51Alienation of waqf property without sanction of Board to be void.
  59. Section 52Recovery of waqf property transferred in contravention of section 51.
  60. Section 52APenalty for alienation of waqf property without sanction of Board.
  61. Section 53Restriction on purchase of property on behalf of waqf.
  62. Section 54Removal of encroachment from waqf property.
  63. Section 55Enforcement of orders made under section 54.
  64. Section 55ADisposal of property left on waqf property by unauthorised occupants.
  65. Section 56Restriction on power to grant lease of waqf property.
  66. Section 57Mutawalli entitled to pay certain costs from income of waqf property.
  67. Section 58Power of Board to pay dues in case of default by mutawalli.
  68. Section 59Creation of reserve fund.
  69. Section 60Extension of time.
  70. Section 61Penalties.
  71. Section 62Mutawalli not to spend any money belonging to waqf for self defence.
  72. Section 63Power to appoint mutawallis in certain cases.
  73. Section 64Removal of mutawalli.
  74. Section 65Assumption of direct management of certain auqaf by the Board.
  75. Section 66Powers of appointment and removal of mutawalli when to be exercised by the State Government.
  76. Section 67Supervision and supersession of committee of management.
  77. Section 68Duty of mutawalli or committee to deliver possession of records, etc.
  78. Section 69Power of Board to frame scheme for administration of waqf.
  79. Section 70Inquiry relating to administration of waqf.
  80. Section 71Manner of holding inquiry.
  81. Section 72Annual contribution payable to Board.
  82. Section 73Power of Chief Executive Officer to direct banks or other person to make payments.
  83. Section 74Deduction of contribution from perpetual annuity payable to the waqf.
  84. Section 75Power of board to borrow.
  85. Section 76Mutawalli not to lend or borrow moneys without sanction.
  86. Section 77Waqf Fund.
  87. Section 78Budget of Board.
  88. Section 79Accounts of Board.
  89. Section 80Audit of accounts of Board.
  90. Section 81State Government to pass orders on auditor's report.
  91. Section 82Dues of Board to be recovered as arrears of land revenue.
  92. Section 83Constitution of Tribunals, etc.
  93. Section 84Tribunal to hold proceedings expeditiously and to furnish to the parties copies of its decision.
  94. Section 85Bar of jurisdiction of civil courts.
  95. Section 86Appointment of a receiver in certain cases.
  96. Section 87Omitted.
  97. Section 88Bar to challenge of validity of any notification, etc.
  98. Section 89Notice of suits by parties against Board.
  99. Section 90Notice of suits, etc., by courts
  100. Section 91Proceedings under the Act 1 of 1894.
  101. Section 92Board to be party to suit or proceeding
  102. Section 93Bar to compromise of suits by or against mutawalli
  103. Section 94Power to make application to the Tribunal in case of failure of mutawalli to discharge his duties.
  104. Section 95Power of appellate authority to entertain appeal after expiry of specified period.
  105. Section 96Power of Central Government to regulate secular activities of auqaf.
  106. Section 97Directions by State Government
  107. Section 98Annual report by State Government.
  108. Section 99Power to supersede Board
  109. Section 100Protection of action taken in good faith.
  110. Section 101Collector, members and officers of the Board, deemed to be public servants.
  111. Section 102Special provision for reorganisation of certain Boards
  112. Section 103Special provision for establishment of Board for part of a State.
  113. Section 104Omitted.
  114. Section 104AProhibition of sale, gift, exchange, mortgage or transfer of waqf property
  115. Section 104BRestoration of waqf properties in occupation of Government agencies to waqf Board.
  116. Section 105Power of Board and Chief Executive Officer to require copies of documents, etc., to be furnished
  117. Section 106Powers of Central Government to constitute common Boards
  118. Section 107Application of Act 36 of 1963.
  119. Section 108Omitted.
  120. Section 108AOmitted.
  121. Section 108BPower of Central Government to make rules.
  122. Section 109Power to make rules
  123. Section 110Powers to make regulations by the Board.
  124. Section 111Laying of rules and regulations before State Legislature
  125. Section 112Repeal and savings
  126. Section 113Power to remove difficulties.