This Act may be called the 1[Waqf] Act, 1995.

(2) It extends to the whole of India 2.

(3) It shall come into force in a State on such date3as the Central Government may, by notification inthe Official Gazette, appoint; and different dates may be appointed for different areas within a State andfor 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 thatprovision in such State or area.]

1. Subs. by s. 3, ibid., for "wakf" (w.e.f. 1-11-2013).

2. The words "except the State of Jammu and Kashmir" omitted by Act 34 of 2019, s. 95 and the Fifth Schedule(w.e.f. 31-10-2019).

3. 1st January, 1996, vide notification No. S.O. 1007 (E), dated 27th December, 1995, see Gazette of India, Extraordinary, Part II,sec. 3(ii).

Save as otherwise expressly provided under this Act, this Act shall applyto all 1[auqaf] 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 DurgahKhawaja Saheb Act, 1955 (36 of 1955) applies.

1. Subs. by Act 27 of 2013, s. 2, for "wakfs" (w.e.f. 1-11-2013).

In this Act, unless the context otherwise requires,--

(a) "beneficiary" means a person or object for whose benefit a 1[waqf] is created and includesreligious, pious and charitable objects and any other objects of public utility sanctioned by theMuslim law:

(b) "benefit" does not include any benefit which a mutawalli is entitled to claim solely by reasonof his being such mutawalli;

(c) "Board" means a Board of 1[Waqf] established under sub-section (1), or as the case may be,under sub-section (2) of section 13 and shall include a common 1[Waqf] Board establishedunder section 106;

(d) "Chief Executive Officer" means the Chief Executive Officer appointed under sub-section (1)of section 23;

(e) "Council" means the Central1[Waqf] Council established under section 9;

2[(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 whose tenancy, lease or licencehas expired or has been terminated by mutawalli or the Board;]

(f) "Executive Officer" means the Executive Officer appointed by the Board under sub-section (1)of section 38;

3[(g) "list of auqaf" means the list of auqaf published under sub-section (2) of section 5 orcontained in the register of auqaf maintained under section 37;]

(h) "member" means a member of the Board and includes the Chairperson;

(i) "mutawalli" means any person appointed, either verbally or under any deed or instrument bywhich a 4[waqf] has been created, or by a competent authority, to be the mutawalli of a 4[waqf] andincludes any person who is a mutawalli of a 4[waqf] by virtue of any custom or who is anaib-mutawalli, khandim, mujawar, sajjadanashin, amin or other person appointed by a mutawallito perform the duties of a mutawalli and save as otherwise provided in this Act, any person,committee or corporation for the time being, managing or administering any4[waqf] or 4[waqf]property:

Provided that no member of a committee or corporation shall be deemed to be a mutawalli unlesssuch member is an office-bearer of such committee or corporation:

5[Provided further that the mutawalli shall be a citizen of India and shall fulfil such otherqualifications as may be prescribed:

Provided also that in case a waqf has specified any qualifications, such qualifications may beprovided in the rules as may be made by the State Government;]

(j) "net annual income", in relation to a 5[waqf], means net annual income determined inaccordance with the provisions of the Explanations to sub-section (1) of section 72;

(k) "person interested in a 4[waqf]" means any person who is entitled to receive any pecuniary orother benefits from the 4[waqf] and includes--

(i) any person who has a right to 6"offer prayer" or to perform any religious rite in a mosque,idgah, imambara,dargah, 7"khanqah, peerkhana and karbala], maqbara, graveyard or any otherreligious institution connected with the 4[waqf] or to participate in any religious or charitableinstitution under the 4[waqf];

(ii) the 8[waqif] and any descendant of the 8[waqif] and the mutawalli;

(l) "prescribed", except in Chapter III, means prescribed by rules made by the State Governments;

(m) "regulations" means the regulations made by the Board under this Act;

(n) "Shia 4[waqf]" means a 4[waqf] governed by Shia Law;

(o) "Sunni 4[waqf]" means a 4[waqf] governed by Sunni Law;

(p) "Survey Commissioner" means the Survey Commissioner of 4[Waqf] appointed undersub-section (1) of section 4 and includes any Additional or Assistant Survey Commissioners of9[Auqaf] under sub-section (2) of section 4;

(q) "Tribunal", in relation to any area, means the Tribunal constituted under sub-section (1) ofsection 83, having jurisdiction in relation to that area;

10[(r) "waqf" means the permanent dedication by any person, of any movable or immovableproperty for any purpose recognised by the Muslim law as pious, religious or charitable andincludes--

(i) a waqf by user but such waqf shall not cease to be a waqf by reason only of the userhaving ceased irrespective of the period of such cesser;

(ii) a Shamlat Patti, Shamlat Deh, Jumla Malkkan or by any other name entered in a revenuerecord;

(iii) "grants", including mashrat-ul-khidmat for any purpose recognised by the Muslim law aspious, religious or charitable; and

(iv) a waqf-alal-aulad to the extent to which the property is dedicated for any purposerecognised by Muslim law as pious, religious or charitable, provided when the line of successionfails, the income of the waqf shall be spent for education, development, welfare and such otherpurposes as recognised by Muslim law,

and "waqif" means any person making such dedication;]

(s) "11[waqf] deed" means any deed or instrument by which a 11[waqf] has been created andincludes any valid subsequent deed or instrument by which any of the terms of the original dedicationhave been varied;

(t) 11[Waqf] Fund means a 11[waqf] fund formed under sub-section (1) of section 77.

1. Subs. by s. 3, ibid., for "wakf" (w.e.f. 1-11-2013).

2. Ins. by s. 5, ibid. (w.e.f. 1-11-2013).

3. Subs. by s. 5, ibid., for clause (g) (w.e.f. 1-11-2013).

4. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).

5. Ins. by s. 5, ibid. (w.e.f. 1-11-2013).

6. Subs. by s. 5, ibid., for "worship" (w.e.f. 1-11-2013).

7. Subs. by s. 5, ibid., for "khangah" (w.e.f. 1-11-2013).

8. Subs. by s. 4, ibid., for "wakif" (w.e.f. 1-11-2013).

9. Subs. by s. 4, ibid., for "wakfs" (w.e.f. 1-11-2013).

10. Subs. by s. 5, ibid., for clause (r) (w.e.f. 1-11-2013).

11. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).

4. Preliminary survey of 2[auqaf].(1) The State Government may, by notification in the OfficialGazette, appoint for the State a Survey Commissioner of 2[Auqaf] and as many Additional or AssistantSurvey Commissioners of 2[Auqaf] as may be necessary for the purpose of making a survey of 3[auqaf inthe State].

4[(1A) Every State Government shall maintain a list of auqaf referred to in sub-section (1) and thesurvey of auqaf shall be completed within a period of one year from the date of commencement of theWakf (Amendment) Act, 2013 (27 of 2013), in case such survey was not done before the commencementof the Wakf (Amendment) Act, 2013:

Provided that where no Survey Commissioner of Waqf has been appointed, a Survey Commissionerfor auqaf shall be appointed within three months from the date of such commencement.]

(2) All Additional and Assistant Survey Commissioner of 2[Auqaf] shall perform their functionsunder this Act under the general supervision and control of the Survey Commissioner of 2[Auqaf].

(3) The Survey Commissioner shall, after making such inquiry as he may consider necessary, submithis report, in respect of 2[auqaf] existing at the date of the commencement of this Act in the State or anypart thereof, to the State Government containing the following particulars, namely:--

(a) the number of 2[auqaf] in the State showing the Shia 2[auqaf] and Sunni 2[auqaf] separately;

(b) the nature and objects of each 1[waqf];

(c) the gross income of the property comprised in each 1[waqf];

(d) the amount of land revenue, cesses, rates and taxes payable in respect of each 1[waqf];

(e) the expenses incurred in the realisation of the income and the pay or other remuneration of themutawalli of each 1[waqf]; and

(f) such other particulars relating to each 1[waqf] as may be prescribed.

(4) The Survey Commissioner shall, while making any inquiry, have the same powers as are vested ina civil court under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters,namely:--

(a) summoning and examining any witness;

(b) requiring the discovery and production of any document;

(c) requisitioning any public record from any court or office;

(d) issuing commissions for the examination of any witness or accounts;

(e) making any local inspection or local investigation;

(f) such other matters as may be prescribed.

(5) If, during any such inquiry, any dispute arises as to whether a particular 1[waqf] is a Shia5[waqf] or Sunni 5[waqf] and there are clear indications in the deed of5[waqf] as to its nature, the disputeshall be decided on the basis of such deed.

(6) The State Government may, by notification in the Official Gazette, direct the SurveyCommissioner to make a second or subsequent survey of 5[waqf] properties in the State and theprovisions of sub-sections (2), (3), (4) and (5) shall apply to such survey as they apply to a surveydirected under sub-section (1):

Provided that no such second or subsequent survey shall be made until the expiry of a period of6[ten years] from the date on which the report in relation to the immediately previous survey wassubmitted under sub-section (3):

7[Provided further that the waqf properties already notified shall not be reviewed again in subsequentsurvey except where the status of such property has been changed in accordance with the provisions ofany law.]

1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).

2. Subs. by s. 4, ibid., for "wakfs" (w.e.f. 1-11-2013).

3. Subs. by s. 6, ibid., for "wakfs existing in the State at the date of the commencement of this Act" (w.e.f. 1-11-2013).

4. Ins. by s. 6, ibid. (w.e.f. 1-11-2013).

5. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).

6. Subs. by s. 6, ibid., for "twenty years" (w.e.f. 1-11-2013).

7. Ins. by s. 6, ibid. (w.e.f. 1-11-2013).

5. Publication of list of 1[auqaf].(1) On receipt of a report under sub-section (3) of section 4, theState Government shall forward a copy of the same to the Board.

(2) The Board shall examine the report forwarded to it under sub-section (1) and 2[fordward it back tothe Government within a period of six months for publication in the Official Gazette] a list of Sunni1[auqaf] or Shia 1[auqaf] in the State, whether in existence at the commencement of this Act or cominginto existence thereafter, to which the report relates, and containing such other particulars as may beprescribed.

3[(3) The revenue authorities shall--

(i) include the list of auqaf referred to in sub-section (2), while updating the land records; and

(ii) take into consideration the list of auqaf referred to in sub-section (2), while deciding mutationin the land records.

(4) The State Government shall maintain a record of the lists published under sub-section (2) fromtime to time.]

1. Subs. by s. 4, ibid., for "wakfs" (w.e.f. 1-11-2013).

2. Subs. by s. 7, ibid., for "publish in the Official Gazette" (w.e.f. 1-11-2013).

3. Ins. by s. 7, ibid. (w.e.f. 1-11-2013).

6. Disputes regarding 2[auqaf].(1) If any question arises whether a particular property specified as1[waqf] property in the list of 2[auqaf] is 1[waqf] property or not or whether a 1[waqf] specified in such listis a Shia 1[waqf] or Sunni 1[waqf], the Board or the mutawalli of the 1[waqf] or ³[any person aggrieved]may institute a suit in a Tribunal for the decision of the question and the decision of the Tribunal inrespect of such matter shall be final:

Provided that no such suit shall be entertained by the Tribunal after the expiry of one year from thedate of the publication of the list of 2[auqaf]:

4[Provided further that no suit shall be instituted before the Tribunal in respect of such propertiesnotified in a second or subsequent survey pursuant to the provisions contained in sub-section (6) ofsection 4.]

5

(2) Notwithstanding anything contained in sub-section (1), no proceeding under this Act in respect ofany 1[waqf] shall be stayed by reason only of the pendency of any such suit or of any appeal or otherproceeding arising out of such suit.

(3) The Survey Commissioner shall not be made a party to any suit under sub-section (1) and no suit,prosecution or other legal proceeding shall lie against him in respect of anything which is in good faithdone or intended to be done in pursuance of this Act or any rules made thereunder.

(4) The list of 6[auqaf] shall, unless it is modified in pursuance of a decision of the Tribunal undersub-section (1), be final and conclusive.

(5) On and from the commencement of this Act in a State, no suit or other legal proceeding shall beinstituted or commenced in a court in that State in relation to any question referred to in sub-section (1).

1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).

2. Subs. by s. 4, ibid., for "wakfs" (w.e.f. 1-11-2013).

3. Subs. by s. 8, ibid., for "any person interested therein" (w.e.f. 1-11-2013).

4. Ins. by s. 8, ibid. (w.e.f. 1-11-2013).

5. The Explanation omitted by s. 8, ibid.(w.e.f. 1-11-2013).

6. Subs. by Act 27 of 2013, s. 4, for "wakfs" (w.e.f. 1-11-2013).

7. Power of Tribunal to determine disputes regarding 1[auqaf].--(1) If, after the commencementof this Act, 2[any question or dispute] arises, whether a particular property specified as 3[waqf] property ina list of 1[auqaf] is 3[waqf] property or not, or whether a 3[waqf] specified in such list is a Shia 3[waqf] ora Sunni 3[waqf], the Board or the mutawalli of the 3[waqf],4[or any person aggrieved by the publicationof the list of auqaf under section 5] therein, may apply to the Tribunal having jurisdiction in relation tosuch property, for the decision of the question and the decision of the Tribunal thereon shall be final:

Provided that--

(a) in the case of the list of 1[auqaf] relating to any part of the State and published after thecommencement of this Act no such application shall be entertained after the expiry of one year fromthe date of publication of the list of 1[auqaf]; and

(b) in the case of the list of 1[auqaf] relating to any part of the State and published at any timewithin a period of one year immediately preceding the commencement of this Act, such anapplication may be entertained by Tribunal within the period of one year from such commencement:

Provided further that where any such question has been heard and finally decided by a civil court in asuit instituted before such commencement, the Tribunal shall not re-open such question.

(2) Except where the Tribunal has no jurisdiction by reason of the provisions of sub-section (5), noproceeding under this section in respect of any 3[waqf] shall be stayed by any court, tribunal or otherauthority by reason only of the pendency of any suit, application or appeal or other proceeding arising outof any such suit, application, appeal or other proceeding.

(3) The Chief Executive Officer shall not be made a party to any application under sub-section (1).

(4) The list of 1[auqaf] and where any such list is modified in pursuance of a decision of the Tribunalunder sub-section (1), the list as so modified, shall be final.

(5) The Tribunal shall not have jurisdiction to determine any matter which is the subject-matter of anysuit or proceeding instituted or commenced in a civil court under sub-section (1) of section 6, before thecommencement of the Act or which is the subject-matter of any appeal from the decree passed beforesuch commencement in any such suit or proceeding or of any application for revision or review arisingout of such suit, proceeding or appeal, as the case may be.

5[(6) The Tribunal shall have the powers of assessment of damages by unauthorised occupation ofwaqf property and to penalise such unauthorised occupants for their illegal occupation of the waqfproperty and to recover the damages as arrears of land revenue through the Collector:

Provided that whosoever, being a public servant, fails in his lawful duty to prevent or remove anencroachment, shall on conviction be punishable with fine which may extend to fifteen thousand rupeesfor each such offence.]

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).

1[8. State Government to bear cost of survey.The total cost of making a survey including the costof publication of the list or lists of auqaf under this Chapter shall be borne by the State Government.]

1. Subs. by s. 10, ibid., for section 8 (w.e.f. 1-11-2013).

9. Establishment and constitution of Central 1[Waqf] Council.2[(1) The Central Governmentmay, by notification in the Official Gazette, establish a Council to be called the Central Waqf Council, forthe purpose of advising the Central Government, the State Governments and the Boards on mattersconcerning the working of Boards and the due administration of auqaf.

(1A) The Council referred to in sub-section (1) shall issue directives to the Boards, on such issues andin such manner, as provided under sub-sections (4) and (5).]

(2) The Council shall consist of--

(a) the Union Minister in-charge of2[waqf]--ex officio Chairperson;

(b) the following members to be appointed by the Central Government from amongst Muslims,namely:--

(i) three persons to represent Muslim organisations having all India character and nationalimportance;

3[(ii) four persons of national eminence, one each from the fields of administration ormanagement, financial management, engineering or architecture and medicine;]

(iii) three Members of Parliament of whom two shall be from the House of the People andone from the Council of States;

(iv) Chairpersons of three Boards by rotation;

(v) two persons who have been Judges of the Supreme Court or a High Court;

(vi) one Advocate of national eminence;

(vii) one person to represent the mutawallis of the 1[waqf] having a gross annual income ofrupees five lakhs and above;

(viii) three persons who are eminent scholars in Muslim Law:

4[Provided that at least two of the members appointed under sub-clauses (i) to (viii) shall bewomen.]

(3) The term of office of, the procedure to be followed in the discharge of their functions by, and themanner of filling casual vacancies among, members of the Council shall be such as may be, prescribed byrules made by the Central Government.

4[(4) The State Government or, as the case may be, the Board, shall furnish information to theCouncil on the performance of Waqf Boards in the State, particularly on their financial performance,survey, maintenance of waqf deeds, revenue records, encroachment of waqf properties, annual reports andaudit reports in the manner and time as may be specified by the Council and it may suo motu call forinformation on specific issues from the Board, if it is satisfied that there was prima facie evidence ofirregularity or violation of the provisions of this Act and if the Council is satisfied that such irregularity orviolation of the Act is established, it may issue such directive, as considered appropriate, which shall becomplied with by the concerned Board under intimation to the concerned State Government.

(5) Any dispute arising out of a directive issued by the Council under sub-section (4) shall be referredto a Board of Adjudication to be constituted by the Central Government, to be presided over by a retiredJudge of the Supreme Court or a retired Chief Justice of a High Court and the fees and travelling andother allowances payable to the Presiding Officer shall be such as may be specified by that Government.]

1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).

2. Subs. by s. 11, ibid., for sub-section (1) (w.e.f. 1-11-2013).

3. Subs. by s. 11, ibid., for sub-clause (ii) (w.e.f. 1-11-2013).

4. Ins. by s. 11, ibid. (w.e.f. 1-11-2013).

(1) Every Board shall pay from its 1[Waqf] Fund annually to the Councilsuch contribution as is equivalent to one per cent. of the aggregate of the net annual income of the2[auqaf] in respect of which contribution is payable under sub-section (1) of section 72:

Provided that where the Board, in the case of any particular 1[waqf] has remitted undersub-section (2) of section 72 the whole of the contribution payable to it under sub-section (1) of thatsection, then for calculating the contribution payable to the Council under this section the net annualincome of the 1[waqf] in respect of which such remission has been granted shall not be taken intoaccount.

(2) All monies received by the Council under sub-section (1) and all other monies received by it asdonations, benefactions and grants shall form a fund to be called the Central 1[Waqf] Fund.

(3) Subject to any rules that may be made by the Central Government in this behalf, the Central1[Waqf] Fund shall be under the control of the Council and may be applied for such purposes as theCouncil may deem fit.

1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).

2. Subs. by s. 4, ibid., for "wakfs" (w.e.f. 1-11-2013).

(1) The Council shall cause to be maintained such books of account andother books in relation to its accounts in such form and in such manner as may be prescribed by rulesmade by the Central Government.

(2) The accounts of the Council shall be audited and examined annually by such auditor as may beappointed by the Central Government.

(3) The costs of the audit shall be paid from the Central 1[Waqf] Fund.

1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).

(1) 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 mayprovide 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, andthe manner of filling casual vacancies among, the members of the Council;

(b) control over and application of the Central 1[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 beafter 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 ofthe session immediately following the session or the successive sessions aforesaid, both Houses agree inmaking any modification in the rule or both Houses agree that the rule should not be made, the rule shallthereafter have effect only in such modified form or be of no effect, as the case may be; so, however, thatany such modification or annulment shall be without prejudice to the validity of anything previously doneunder the rule.

1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).

(1) With effect from such date as the State Government may, by notification inthe Official Gazette, appoint in this behalf, there shall be established a Board of 1[Auqaf] under suchname as may be specified in the notification:

2[Provided that in case where a Board of Waqf has not been established, as required under thissub-section, a Board of Waqf shall, without prejudice to the provisions of this Act or any other law for thetime being in force, be established within six months from the date of commencement of the Wakf(Amendment) Act, 2013 (27 of 2013).]

(2) Notwithstanding anything contained in sub-section (1), if the Shia 3[auqaf] in any State constitutein number more than fifteen per cent. of all the 3[auqaf] in the State or if the income of the properties ofthe Shia 3[auqaf] in the State constitutes more than fifteen per cent. of the total income of properties of allthe 3[auqaf] in the State, the State Government may, by notification in the Official Gazette, establish aBoard of 3[Auqaf] each for Sunni 3[auqaf] and for Shia 3[auqaf] under such names as may be specified inthe notification.

4[(2A) Where a Board of Waqf is established under sub-section (2) of section 13, in the case of Shiawaqf, the Members shall belong to the Shia Muslim and in the case of Sunni waqf, the Members shallbelong to the Sunni Muslim.]

(3) The Board shall be a body corporate having perpetual succession and a common seal with powerto acquire and hold property and to transfer any such property subject to such conditions and restrictionsas may be prescribed and shall by the said name sue and be sued.

1. Subs. by s. 4, ibid., for "wakfs" (w.e.f. 1-11-2013).

2. Ins. by s. 12, ibid. (w.e.f. 1-11-2013).

3. Subs. by Act 27 of 2013, s. 4, for "wakfs' (w.e.f. 1-11-2013).

4. Ins. by s. 12, ibid. (w.e.f. 1-11-2013).

(1) The Board for a State and 2[the National Capital Territory of Delhi]shall consist of--

(a) a Chairperson;

(b) one and not more than two members, as the State Government may think fit, to be electedfrom each of the electoral colleges consisting of--

(i) Muslim Members of Parliament from the State or, as the case may be, 2[the NationalCapital Territory of Delhi];

(ii) Muslim Members of the State Legislature;

3[(iii) 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 aUnion 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 1[auqaf] having an annual income of rupees one lakh and above.

4[Explanation I.--For the removal of doubts, it is hereby declared that the members fromcategories mentioned in sub-clauses (i) to (iv), shall be elected from the electoral collegeconstituted for each category.

Explanation II.--For the removal of doubts it is hereby declared that in case a Muslimmember ceases to be a Member of Parliament from the State or National Capital Territory ofDelhi as referred to in sub-clause (i) of clause (b) or ceases to be a Member of the StateLegislative Assembly as required under sub-clause (ii) of clause (b), such member shall bedeemed to have vacated the office of the member of the Board for the State or National CapitalTerritory of Delhi, as the case may be, from the date from which such member ceased to be aMember of Parliament from the State National Capital Territory of Delhi, or a Member of theState Legislative Assembly, as the case may be;]

5[(c) one person from amongst Muslims, who has professional experience in town planning orbusiness management, social work, finance or revenue, agriculture and development activities, to benominated by the State Government;

(d) one person each from amongst Muslims, to be nominated by the State Government fromrecognised scholars in Shia and Sunni Islamic Theology;

(e) one person from amongst Muslims, to be nominated by the State Government from amongstthe officers of the State Government not below the rank of Joint Secretary to the State Government;]

6[(1A) No Minister of the Central Government or, as the case may be, a State Government, shallbe elected or nominated as a member of the Board:

Provided that in case of a Union territory, the Board shall consist of not less than five and notmore than seven members to be appointed by the Central Government from categories specifiedunder sub-clauses (i) to (iv) of clause (b) or clauses (c) to (e) in sub-section (1):

Provided further that at least two Members appointed on the Board shall be women:

Provided also that in every case where the system of mutawalli exists, there shall be onemutawalli as the member of the Board.]

(2) Election of the members specified in clause (b) of sub-section (1) shall be held in accordance withthe system of proportional representation by means of a single transferable vote, in such manner as maybe prescribed:

Provided that where the number of Muslim Members of Parliament, the State Legislature or the StateBar Council, as the case may be, is only one, such Muslim Member shall be declared to have been electedon the Board:

Provided further that where there are no Muslim Members in any of the categories mentioned insub-clauses (i) to (iii) of clause (b) of sub-section (1) the ex-Muslim Members of Parliament, the StateLegislature or ex-member of the State Bar Council, as the case may be, shall constitute the electoralcollege.

(3) Notwithstanding anything contained in this section, where the State Government is satisfied, forreasons to be recorded in writing, that it is not reasonably practicable to constitute an electoral college forany of the categories mentioned in sub-clauses (i) to (iii) of clause (b) of sub-section (1), the StateGovernment may nominate such persons as the members of the Board as it deems fit.

(4) The number of elected members of the Board shall, at all times, be more than the nominatedmembers of the Board except as provided under sub-section (3).

7

(6) In determining the number of Shia members or Sunni members of the Board, the StateGovernment shall have regard to the number and value of Shia 8[auqaf] and Sunni 8[auqaf] to beadministered by the Board and appointment of the members shall be made, so far as may be, inaccordance with such determination.

7

(8) Whenever the Board is constituted or reconstituted, the members of the Board present at a meetingconvened for the purpose shall elect one from amongst themselves as the Chairperson of the Board.

(9) The members of the Board shall be appointed by the State Government by notification in theOfficial Gazette.

1. Subs. by Act 27 of 2013, s. 4, for "wakfs" (w.e.f. 1-11-2013.

2. Subs. by s. 13, ibid., for 'the Union territory of Delhi" (w.e.f. 1-11-2013).

3. Subs. by s. 13, ibid., for sub-clause (iii) (w.e.f. 1-11-2013).

4. Ins. by s. 13, ibid. (w.e.f. 1-11-2013).

5. Subs. by s. 13, ibid., for clauses (c), (d) and (e) (w.e.f. 1-11-2013).

6. Ins. by Act 27 of 2013, s. 13 (w.e.f. 1-11-2913).

7. Sub-sections (5) and (7) omitted by s. 13, ibid. (w.e.f. 1-11-2013).

8. Subs. by s. 4, ibid., for "wakfs" (w.e.f. 1-11-2013).

The members of the Board shall hold office for a term of five years 1[from thedate of notification referred to in sub-section (9) of section 14].

1. Ins. by s. 14, ibid. (w.e.f. 1-11-2013).

Aperson 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 notbeen reversed or he has not been granted full pardon in respect of such offence;

1[(da) he has been held guilty of encroachment on any waqf property;]

(e) he has been on a previous occasion--

(i) removed from his office as a member or as a mutawalli, or

(ii) removed by an order of a competent court or tribunal from any position of trust either formismanagement or for corruption.]

1. Ins. by Act 27 of 2013, s. 15 (w.e.f. 1-11-2013).

(1) The Board shall meet for the transaction of business at such timeand places as may be provided by regulations.

(2) The Chairperson, or in his absence, any member chosen by the members from amongstthemselves 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 Boardshall be decided by a majority of votes of the members present, and in the case of equality of votes, theChairperson or, in his absence, any other person presiding shall have a second or casting vote.

(1) The Board may, whenever it considers necessary, establisheither generally or for a particular purpose or for any specified area or areas committees for thesupervision of 1[auqaf].

(2) The Constitution, functions and duties and the term of office of such committees shall bedetermined from time to time by the Board:

Provided that it shall not be necessary for the members of such committees to be members of theBoard.

1. Subs. by s. 4, ibid., for "wakfs" (w.e.f. 1-11-2013).

The Chairperson or any other member may resignhis 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 hissuccessor is notified in the Official Gazette.

(1) The State Government may, by notification in theOfficial 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, afterhearing any explanation that he may offer, considers to be prejudicial to the interests of the1[auqaf]; or

(c) fails in the opinion of the Board, to attend three consecutive meetings of the Board, withoutsufficient excuse.

(2) Where the Chairperson of the Board is removed under sub-section (1), he shall also cease to be amember of the Board.

1. Subs. by s. 4, ibid., for "wakfs" (w.e.f. 1-11-2013).

1[20A. Removal of Chairperson by vote of no confidence.Without prejudice to the provisions ofsection 20, the Chairperson of a Board may be removed by vote of no confidence in the followingmanner, namely:--

(a) no resolution expressing a vote of confidence or no confidence in any person elected asChairperson of a Board shall be moved except in the manner prescribed and twelve months have notelapsed after the date of his election as a Chairperson and be removed except with the priorpermission of the State Government;

(b) notice for no confidence shall be addressed to the State Government stating clearly thegrounds on which such motion is proposed to be moved and shall be signed by at least half the totalmembers of the Board;

(c) at least three members of the Board signing the notice of no confidence shall personallypresent to the State Government, the notice together with an affidavit signed by them to the effect thatthe signatures on no confidence motion are genuine and have been made by the signatories afterhearing or reading the contents of the notice;

(d) on receipt of the notice of no confidence, as provided hereinabove, the State Government shallfix such time, date and place as may be considered suitable for holding a meeting for the purpose ofthe proposed no confidence motion:

Provided that at least fifteen days notice shall be given for such a meeting;

(e) notice for meeting under clause (d) shall also provide that in the event of no confidencemotion being duly carried on or, election of the new Chairperson, as the case may be, shall also beheld in the same meeting;

(f) the State Government shall also nominate a Gazetted Officer (other than an officer of thedepartment which is concerned with the supervision and administration of the Board) to act aspresiding officer of the meeting in which the resolution for no confidence shall be considered;

(g) the quorum for such a meeting of the Board shall be one-half of the total number of membersof the Board;

(h) the resolution for no confidence shall be deemed to be carried out, if passed by a simplemajority of the members present;

(i) if a resolution for no confidence is carried out, the Chairperson shall cease to hold officeforthwith and shall be succeeded by his successor who shall be elected by another resolution in thesame meeting;

(j) election of the new Chairperson shall be conducted under clause (i), in the meeting under thechairmanship of the said presiding officer referred to in clause (f), in the following manner,namely:--

(A) Chairperson shall be elected from amongst the elected members of the Board;

(B) nomination of candidates shall be proposed and seconded in the meeting itself andelection after withdrawal, if any, shall be held by method of secret ballot;

(C) election shall be held by simple majority of the members present in the meeting and incase of equality of votes, the matter shall be decided by drawing of lots; and

(D) proceedings of the meeting shall be signed by the presiding officer;

(k) new Chairperson elected under clause (h) shall hold the office only up to the remainder of theterm of the Chairperson removed by the resolution of no confidence; and

(l) if the motion for passing the resolution of no confidence fails for want of quorum or lack ofrequisite majority at the meeting, no subsequent meeting for considering the motion of no confidenceshall be held within six months of the date of the previous meeting.]

1. Ins. by s. 16, ibid. (w.e.f. 1-11-2013).

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 solong as the member whose place he fills would have been entitled to hold office, if such vacancy had notoccurred.

No act or proceeding of theBoard shall be invalid by reason only of the existence of any vacancy amongst its member or any defectin the constitution thereof.

1[(1)There shall be a full-time Chief Executive Officer of the Board who shall be a Muslim andshall be appointed by the State Government, by notification in the Official Gazette, from a panel of twonames suggested by the Board and who shall not be below the rank of Deputy Secretary to the State Government, and in case of non-availability of a Muslim officer of that rank, a Muslim officer ofequivalent rank may be appointed on deputation.]

(2) The term of office and other conditions of service of the Chief Executive Officer shall be such asmay be prescribed.

(3) The Chief Executive Officer shall be ex officio Secretary of the Board and shall be under theadministrative control of the Board.

1. Subs. by Act 27 of 2013, s. 17, for sub-section (1) (w.e.f. 1-11-2013).

(1) The Board shall have the assistance of suchnumber of officers and other employees as may be necessary for the efficient performance of its functionsunder this Act, details thereof shall be determined by the Board in consultation with the StateGovernment.

(2) The appointment of officers and other employees, their term of office and conditions of serviceshall be such as may be provided by regulations.

(1) Subject to the provisions of this Act and ofthe rules made thereunder and the directions of the Board, functions of the Chief Executive Officer shallinclude--

(a) investigating the nature and extent of 1[auqaf] and 2[waqf] properties and calling whenevernecessary, an inventory of 2[waqf] properties and calling, from time to time, for accounts, returns andinformation from mutawallis;

(b) inspecting or causing inspection of 2[waqf] properties and accounts, records, deeds ordocuments relating thereto;

(c) doing generally of such acts as may be necessary for the control, maintenance andsuperintendence of1[auqaf].

(2) In exercising the powers of giving directions under sub-section (1) in respect of any 2[waqf], theBoard shall act in conformity with the directions by the 2[waqf] in the deed of the 2[waqf], the purpose of2[waqf] and such usage and customs of the 2[waqf] as are sanctioned by the school of Muslim law towhich the 2[waqf] belongs.

(3) Save as otherwise expressly provided in this Act, the Chief Executive Officer shall exercise suchpowers and perform such duties as may be assigned to him or delegated to him under this Act.

1. Subs. by Act 27 of 2013, s. 4, for "wakfs" (w.e.f. 1-11-2013).

2. Subs. by s. 4, ibid., for "wakf" (w.e.f. 1-11-2013).

Where theChief Executive Officer considers that an order or resolution passed by the Board--

(a) has not been passed in accordance with the law; or

(b) is in excess of or is an abuse of the powers conferred on the Board by or under this Act or byany other law; or

(c) if implemented, is likely to--

(i) cause financial loss to the Board or to the concerned2[waqf] or to the1[auqaf]generally; or

(ii) lead to a riot or breach of peace; or

(iii) cause danger to human life, health or safety; or

(d) is not beneficial to the Board or to any 2[waqf] or to1[auqaf] generally,

he may, before implementing such order or resolution, place the matter before the Board for itsreconsideration and, if such order or resolution is not confirmed by a majority of vote of the memberspresent and voting after such reconsideration, refer the matter to the State Government along with hisobjections to the order or resolution, and the decision of the State Government thereon shall be final.

1. Subs. by Act 27 of 2013, s. 4, for "wakfs" (w.e.f. 1-11-2013).

2. Subs. by s. 4, ibid., for "wakf" (w.e.f. 1-11-2013).

1[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 servantof the Board or any area committee, subject to such conditions and limitations as may be specified in thesaid order, such of its powers and duties under this Act, as it may deem necessary, except the powers andfunctions of the Board mentioned under clauses (c), (d), (g) and (j) of sub-section (2) of section 32 andsection 110.]

1. Subs. by Act 27 of 2013, s. 18, for section 27 (w.e.f. 1-11-2013).

1[28. Power of District Magistrate, Additional District Magistrate or Sub-Divisional Magistrateto implement the directions of the Board.Subject to the provisions of this Act and the rules madethereunder, the District Magistrate or in his absence an Additional District Magistrate or Sub-DivisionalMagistrate of a District in the State shall be responsible for implementation of the decisions of the Boardwhich may be conveyed through the Chief Executive Officer and the Board may, wherever considersnecessary, seek directions from the Tribunal for the implementation of its decisions.]

1. Subs. by s. 19, ibid., for section 28 (w.e.f. 1-11-2013).

1[(1)] The ChiefExecutive Officer or any officer of the Board duly authorised by him in this behalf shall, 2[subject to suchconditions as may be prescribed], be entitled at all reasonable time to inspect, in any public office, anyrecords, registers or other documents relating to a 3[waqf], or movable or immovable properties which are3[waqf] properties or are claimed to be 3[waqf] properties.

4[(2) The mutawalli or any other person having the custody of any document related to waqfproperties shall produce the same, within the prescribed period, before the Chief Executive Officer onbeing called upon to do so in writing.

(3) Subject to such conditions as may be prescribed, an agency of the Government or any otherorganisation shall supply, within ten working days, copies of the records, registers of properties or otherdocuments relating to waqf properties or claimed to be waqf properties, to the Chief Executive Officer ona written request to this effect from him:

Provided that before taking any course of action as mentioned in sub-sections (2) and (3), the ChiefExecutive Officer shall obtain approval of the Board.]

1. S. 29 numbered as sub-section (1) thereof by s. 20, ibid. (w.e.f. 1-11-2013).

2. Subs. by s. 20, ibid., for certain words (w.e.f.1-11-2013).

3. Subs. by s. 4, ibid., for "wakf"(w.e.f. 1-11-2013).

4. Ins. by s. 20, ibid. (w.e.f. 1-11-2013).

(1) The Board may allow inspection of its proceedings or other recordsin its custody and issue copies of the same on payment of such fees and subject to such conditions as maybe prescribed.

(2) All copies issued under this section shall be certified by the Chief Executive Officer of the Boardin 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 suchother officer or officers of the Board as may either generally or specially be authorised in this behalf bythe Board.

It is hereby declared that theoffices of the Chairperson or member of a Board shall not be disqualified and shall be deemed never tohave been disqualified for being chosen as, or for being, a Member of Parliament ¹[or a Member of Unionterritory Legislature or a Member of a State Legislature if so declared under a law made by theappropriate State Legislature.]

1 Ins. by s. 21, ibid. (w.e.f. 1-11-2013).

(1) Subject to any rules that may be made under this Act,the general superintendence of all 1[auqaf] in a State shall vest in the Board established or the State; and itshall be the duty of the Board so to exercise its powers under this Act as to ensure that the 1[auqaf] underits superintendence are properly maintained, controlled and administered and the income thereof is dulyapplied to the objects and for the purposes for which such 1[auqaf] were created or intended:

Provided that in exercising its powers under this Act in respect of any 2[waqf], the Board shall act inconformity with the directions of the 3[waqif], the purposes of the 2[waqf] and any usage or custom of the2[waqf] sanctioned by the school of Muslim law to which the2[waqf] belongs.

Explanation.--For the removal of doubts, it is hereby declared that in this sub-section, "2[waqf]"includes a 2[waqf] in relation to which any scheme has been made by any court of law, whether before orafter the commencement of this Act.

(2) Without prejudice to the generality of the foregoing power, the functions of the Board shall be--

(a) to maintain a record containing information relating to the origin, income, object andbeneficiaries of every2[waqf];

(b) to ensure that the income and other property of4[auqaf] are applied to the objects and for thepurposes for which such 4[auqaf] were intended or created;

(c) to give directions for the administration of 4[auqaf];

(d) to settle schemes of management for a 2[waqf]:

Provided that no such settlement shall be made without giving the parties affected an opportunityof being heard;

(e) to direct--

(i) the utilisation of the surplus income of a 2[waqf] consistent with the objects of2[waqf];

(ii) in what manner the income of a 2[waqf], the objects of which are not evident from anywritten instrument, shall be utilised;

(iii) in any case where any object of2[waqf] has ceased to exist or has become incapable ofachievement, that so much of the income of the 2[waqf] as was previously applied to that objectshall be applied to any other object, which shall be similar, or nearly similar or to the originalobject or for the benefit of the poor or for the purpose of promotion of knowledge and learning inthe Muslim community:

Provided that no direction shall be given under this clause without giving the parties affected, anopportunity of being heard.

Explanation.--For the purposes of this clause, the powers of the Board shall be exercised--

(i) in the case of a Sunni 2[waqf], by the Sunni members of the Board only; and

(ii) in the case of a Shia 2[waqf], by the Shia members of the Board only:

Provided that where having regard to the number of the Sunni or Shia members in the board andother circumstances, it appears to the Board that the power should not be exercised by such membersonly, it may co-opt such other Muslims being Sunnis or Shias, as the case may be, as it thinks fit, tobe temporary members of the Board for exercising its powers under this clause;

(f) to scrutinise and approve the budgets submitted by mutawallis and to arrange for auditing ofaccount of 4[auqaf];

(g) to appoint and remove mutawallis in accordance with the provisions of this Act;

(h) to take measures for the recovery of lost properties of any 2[waqf];

(i) to institute and defend suits and proceedings relating to4[auqaf];

5[(j) to sanction lease of any immovable property of a waqf in accordance with the provisions ofthis Act and the rules made thereunder:

Provided that no such sanction shall be given unless a majority of not less than two-thirds of themembers of the Board present cast their vote in favour of such transaction:

Provided further that where no such sanction is given by the Board, the reasons for doing so shallbe recorded in writing.]

(k) to administer the 6[Waqf] Fund;

(l) to call for such returns, statistics, accounts and other information from the mutawallis withrespect to the 6[waqf] property as the Board may, from time to time, require;

(m) to inspect, or cause inspection of,6[waqf] properties, accounts, records or deeds anddocuments relating thereto;

(n) to investigate and determine the nature and extent of 6[waqf] and 6[waqf] property, and tocause, whenever necessary, a survey of such 6[waqf] property;

7[(na) to determine or cause to be determined, in such manner as may be specified by the Board,market rent of the waqf land or building;]

(o) generally do all such acts as may be necessary for the control, maintenance and administrationof 8[auqaf].

(3) Where the Board has settled any scheme of management under clause (d) or given any directionunder clause (e) of sub-section (2), any person interested in the 6[waqf] or affected by such settlement ordirection may institute a suit in a Tribunal for setting aside such settlement or directions and the decisionof the Tribunal thereon shall be final.

(4) Where the Board is satisfied that any 6[waqf] land, which is a 6[waqf] property, 9[has the potentialfor development as an educational institution, shopping centre, market, housing or residential flats and thelike], market, housing flats and the like, it may serve upon the mutawalli of the concerned 6[waqf] anotice requiring him within such time, but not less than sixty days, as may be specified in the notice, toconvey its decision whether he is willing to execute the development works specified in the notice.

(5) On consideration of the reply, if any, received to the notice issued under sub-section (4), theBoard, if it is satisfied that the mutawalli is not willing or is not capable of executing the works requiredto be executed in terms of the notice, it may, 10 take over the property, clear it of any building orstructure thereon, which, in the opinion of the Board is necessary for execution of the works and executesuch works from 6[waqf] funds or from the finances which may be raised on the security of the propertiesof the 6[waqf] concerned, and control and manage the properties till such time as all expenses incurred bythe Board under this section, together with interest thereon, the expenditure on maintenance of suchworks and other legitimate charges incurred on the property are recovered from the income derived fromthe property:

Provided that the Board shall compensate annually the mutawalli of the concerned 6[waqf] to theextent of the average annual net income derived from the property during the three years immediatelypreceding the taking over of the property by the Board.

(6) After all the expenses as enumerated in sub-section (5) have been recouped from the income ofthe developed properties, the developed properties shall be handed over to mutawalli of the concerned7[waqf].

1. Subs. by s. 4, ibid., for "wakfs" (w.e.f. 1-11-2013).

2. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).

3. Subs. by s. 4, ibid., for "wakif" (w.e.f. 1-11-2013).

4. Subs. by s. 4, ibid., for "wakfs" (w.e.f. 1-11-2013).

5. Subs. by s. 22, ibid., for clause (j) (w.e.f. 1-11-2013).

6. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).

7. Ins. by s. 22, ibid. (w.e.f. 1-11-2013).

8. Subs. by s. 4, ibid., for 'wakfs" (w.e.f. 1-11-2013).

9. Subs. by s. 22, ibid., for "offers a feasible potential for development as a shopping centre" (w.e.f. 1-11-2013).

10. The words "with the prior approval of the Government," omitted by s. 22, ibid. (w.e.f. 1-11-2013).

(1) With aview to examining whether, by reason of any failure or negligence on the part of a mutawalli in theperformance of his executive or administrative duties, any loss or damage has been caused to any 1[waqf]or 1[waqf] property, the Chief Executive Officer 2[or any other person authorised by him in writing] withthe prior approval of the Board, 3, may inspect all movable and immovable properties, which are 4[waqf] properties, and all records, correspondences, plans, accounts and other documents relatingthereto.

(2) Whenever any such inspection as referred to in sub-section (1) is made, the concerned mutawalliand all officers and other employees working under him and every person connected with theadministration of the 4[waqf], shall extend to the person making such inspection, all such assistance andfacilities as may be necessary and reasonably required by him to carry out such inspection, and shall alsoproduce for inspection any movable property or documents relating to the 4[waqf] as may be called for bythe person making the inspection and furnish to him such information relating to the 4[waqf] as may berequired by him.

(3) Where, after any such inspection, it appears that the concerned mutawalli or any officer or otheremployee who is or was working under him had mis-appropriated, misapplied or fraudulently retained,any money or other4[waqf] property, or had incurred irregular, unauthorised or improper expenditurefrom the funds of the 4[waqf], the Chief Executive Officer may, after giving the mutawalli or the personconcerned a reasonable opportunity of showing cause why an order for the recovery of the amount orproperty, should not be passed against him and after considering such explanation, if any, as such personmay furnish, determine the amount or the property which has been mis-appropriated, misapplied orfraudulently retained, or the amount of the irregular, unauthorised or improper expenditure incurred bysuch person, and make an order directing such person to make payment of the amount so determined andto restore the said property to the 4[waqf], within such time as may be specified in the order.

(4) A mutawalli or other person aggrieved by such order may, within thirty days of the receipt by himof the order, appeal to the Tribunal:

Provided that no such appeal shall be entertained by the Tribunal unless the appellant first depositswith the Chief Executive Officer the amount which has been determined under sub-section (3) as beingpayable by the appellant and the Tribunal shall have no power to make any order staying pending thedisposal of the appeal, the operation of the order made by the Chief Executive Officer undersub-section (3).

(5) The Tribunal may, after taking such evidence as it may think fit, confirm, reverse or modify theorder made by the Chief Executive Officer under sub-section (3) or may remit, either in whole or in part,the amount specified in such order and may make such orders as to costs as it may think appropriate in thecircumstances of the case.

(6) The order made by the Tribunal under sub-section (5) shall be final.

1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).

2. Ins. by s. 23, ibid. (w.e.f. 1-11-2013).

3. The words "either himself or any other person authorised by him in writing in this behalf" omitted by s. 23, ibid.(w.e.f. 1-11-2013).

4. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).

Where any mutawalli or other personwho has been ordered, whether under sub-section (3) or sub-section (5) of section 33, to make anypayment or to restore the possession of any property, omits or fails to make such payment or restorationwithin the time specified in such order, the Chief Executive Officer, with the prior approval of the Boardshall, take such steps as he may think fit for the recovery of possession of the property aforesaid and shallalso send a certificate to the Collector of the district in which the property of such mutawalli or otherperson is situate, stating therein the amount that has been determined by him or by the Tribunal, as thecase may be, under section 33, as being payable by such mutawalli or other person, and, thereupon, theCollector shall recover the amount specified in such certificate as if it were an arrear of land revenue andon the recovery of such amount, pay the same to the Chief Executive Officer, who shall, on receiptthereof, credit the amount to the funds of the concerned 1[waqf].

1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).

(1) Where the Chief Executive Officer is satisfied thatthe mutawalli or any other person who has been ordered under sub-section (3) or sub-section (5) ofsection 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 ChiefExecutive Officer,

he may, with prior approval of the Board, apply to the Tribunal for the conditional attachment of the saidproperty or such part thereof, as he may think necessary.

(2) The Chief Executive Officer shall, unless the Tribunal otherwise directs, specify in the applicationthe 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 timeto be fixed by it, either to furnish security, in such sum as may be specified in the order, to produce andplace at the disposal of the Tribunal when required, the said property or the value of the same or suchportion thereof as may be sufficient to satisfy the amount specified in the certificate referred to insection 34, or to appear and show cause why he should not furnish such security.

(4) The Tribunal may also in the order direct the conditional attachment of the whole or any portionof the property so specified.

(5) Every attachment made under this section shall be made in accordance with the provisions of theCode of Civil Procedure, 1908 (5 of 1908), as if it were an order for attachment made under the provisionof the said Code.

136. Registration.(1) Every 2[waqf], 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 3[made by the waqf] or his descendants or a beneficiary of the2[waqf] or any Muslim belonging to the sect to which the 2[waqf] belongs.

(3) An application for registration shall be made in such form and manner and at such place as theBoard may by regulation provide and shall contain the following particulars:--

(a) a description of the 2[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 2[waqf]properties;

(d) an estimate of the expenses annually incurred in the realisation of the income of the 2[waqf]properties;

(e) the amount set apart under the 2[waqf] for--

(i) the salary of the mutawalli and allowances to the individuals;

(ii) purely religious purposes;

(iii) charitable purposes; and

(iv) any other purposes;

(f) any other particulars provided by the Board by regulations.

(4) Every such application shall be accompanied by a copy of the 2[waqf] deed or if no such deed hasbeen executed or a copy thereof cannot be obtained, shall contain full particulars, as far as they are knownto the applicant, of the origin, nature and objects of the 2[waqf].

(5) Every application made under sub-section (2) shall be signed and verified by the applicant in themanner provided in the Code of Civil Procedure, 1908 (5 of 1908) for the signing and verification ofpleadings.

(6) The Board may require the applicant to supply any further particulars or information that it mayconsider necessary.

(7) On receipt of an application for registration, the Board may, before the registration of the 4[waqf]make such inquiries as it thinks fit in respect of the genuineness and validity of the application andcorrectness of any particulars therein and when the application is made by any person other than theperson administering the 4[waqf] property, the Board shall, before registering the 4[waqf], give notice ofthe application to the person administering the 4[waqf] property and shall hear him if he desires to beheard.

(8) In the case of 5[auqaf] created before the commencement of this Act, every application forregistration shall be made, within three months from such commencement and in the case of 5[auqaf]created after such commencement, within three months from the date of the creation of the 4[waqf]:

Provided that where there is no Board at the time of creation of a 4[waqf], such application will bemade within three months from the date of establishment of the Board.]

1. Subs. by Act 27 of 2013, s. 4, for "wakfs" (w.e.f. 1-11-2013).

2. Subs. by s. 4, ibid., for "wakf" (w.e.f. 1-11-2013).

3. Subs. by s. 24, ibid., for made by the "wakf" (w.e.f. 1-11-2013).

4. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).

5. Subs. by s. 4, ibid., for "wakfs" (w.e.f. 1-11-2013).

37. Register of 2[auqaf]. 3[(1)] The Board shall maintain a register of 2[auqaf] which shall containin respect of each 1[waqf] copies of the 1[waqf] deeds, when available and the following particulars,namely:--

(a) the class of the 1[waqf];

(b) the name of the mutawallis;

(c) the rule of succession to the office of mutawalli under the1[waqf] deed or by custom or byusage;

(d) particulars of all 1[waqf] properties and all title deeds and documents relating thereto;

(e) particulars of the scheme of administration and the scheme of expenditure at the time ofregistration;

(f) such other particulars as may be provided by regulations.

4[(2) The Board shall forward the details of the properties entered in the register of auqaf to theconcerned land record office having jurisdiction of the waqf property.

(3) On receipt of the details as mentioned in sub-section (2), the land record office shall, according toestablished procedure, either make necessary entries in the land record or communicate, within a periodof six months from the date of registration of waqf property under section 36, its objections to the Board.]

1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).

2. Subs. by s. 4, ibid., for "wakfs" (w.e.f. 1-11-2013).

3. S. 37 numbered as sub-section (1) thereof by s. 25, ibid. (w.e.f. 1-11-2013).

4. Ins. by s. 25, ibid. (w.e.f. 1-11-2013).

(1) Notwithstanding anything contained in thisAct, the Board may, if it is of the opinion that it is necessary so to do in the interests of the 1[waqf],appoint on whole-time or part-time or in an honorary capacity, subject to such conditions as may beprovided by regulations, an Executive Officer with such supporting staff as it considers necessary for any1[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 (1) shall exercise such powers and dischargesuch duties as pertain only to the administration of the property of the 1[waqf] for which he has beenappointed and shall exercise those powers and discharge those duties under the direction, control andsupervision of the Board:

Provided that the Executive Officer who is appointed for a 1[waqf] having a gross annual income ofnot less than five lakh rupees shall ensure that the budget of the 1[waqf] is submitted, the accounts of the1[waqf] are regularly maintained, and the yearly statement of accounts are submitted within such time asthe Board may specify.

(3) While exercising his powers and discharging his functions under sub-section (2), the ExecutiveOfficer shall not interfere with any religious duties or any usage or custom of the 1[waqf] sanctioned bythe Muslim law.

(4) The salaries and allowances of the Executive Officer and his staff shall be fixed by the Board andin fixing the quantum of such salary the Board shall have due regard to the income of the 2[waqf], theextent and nature of the duties of the Executive Officer and shall also ensure that the amounts of suchsalaries and allowances are not disproportionate to the income of the 2[waqf] and do not operate as anunnecessary financial burden on it.

(5) The salaries and allowances of the Executive Officer and his staff shall be paid by the Board fromthe 2[Waqf] Fund and, if the 2[waqf] generates any additional income as a result of appointment of theExecutive Officer, the Board may claim reimbursement of amounts spent on the salaries and allowancesfrom the fund of the 2[waqf] concerned.

(6) The Board may, for sufficient reasons, and after giving to the Executive Officer or a member ofhis staff, a reasonable opportunity of being heard, suspend, remove or dismiss the Executive Officer or amember of his staff from his post.

(7) Any Executive Officer or a member of his staff who is aggrieved by any order or removal ordismissal made under sub-section (6) may, within thirty days from the date of communication of theorder, prefer an appeal against the order to the Tribunal and the Tribunal may, after considering suchrepresentation as the Board may make in the matter, and after giving a reasonable opportunity to theExecutive Officer or a member of his staff of being heard, confirm, modify or reverse the order.

1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).

2. Subs. by Act 27 of 2013, s. 4, for "wakf' (w.e.f. 1-11-2013).

39. Powers of Board in relation to 2[auqaf] which have ceased to exist.--(1) The Board shall, if itis satisfied that the objects or any part thereof, of a 1[waqf] have ceased to exist, whether such cesser tookplace before or after the commencement of this Act, cause an inquiry to be held by the Chief ExecutiveOfficer, in the prescribed manner, to ascertain the properties and funds pertaining to such 1[waqf].

(2) On the receipt of the report of inquiry of the Chief Executive Officer, the Board shall pass anorder,--

(a) specifying the property and funds of such 1[waqf];

(b) directing that any property or funds pertaining to such 1[waqf which have been recoveredshall be applied or utilised for the renovation of any 1[waqf] property and where there is no need formaking any such renovation or where utilisation of the funds for such renovation is not possible, beappropriated, to any of the purposes specific in sub-clause (iii) of clause (e) of sub-section (2) ofsection 32.

(3) The Board may, if it has reason to believe that any building or other place which was being usedfor religious purpose or instruction or for charity has, whether before or after the commencement of thisAct, ceased to be used for that purpose, make an application to the Tribunal for an order directing therecovery of possession of such building or other place.

(4) The Tribunal may, if it is satisfied, after making such inquiry as it may think fit, that such buildingor other place--

(a) is 1[waqf] property;

(b) has not been acquired under any law for the time being in force relating to acquisition of landor is not under any process of acquisition under any such law, or has not vested in the StateGovernment under any law for the time being in force relating to land reforms; and

(c) is not in the occupation of any person who has been authorised by or under any law for thetime being in force to occupy such building or other place, make an order--

(i) directing the recovery of such building or place from any person who may be inunauthorised possession thereof, and

(ii) directing that such property, building or place be used for religious purpose or instructionas before, or if such use is not possible, be utilised for any purpose specified in sub-clause (iii) ofclause (e) of sub-section (2) of section 32.

1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).

2. Subs. by s. 4, ibid., for "wakfs" (w.e.f. 1-11-2013).

40. Decision if a property is 1[waqf] property. (1) The Board may itself collect informationregarding any property which it has reason to believe to be 1[waqf] property and if any question ariseswhether a particular property is 1[waqf] property or not or whether a 1[waqf] is a Sunni 1[waqf] or aShia 1[waqf], it may, after making such inquiry as it may deem fit, decide the question.

(2) The decision of the Board on a question under sub-section (1) shall, unless revoked or modifiedby the Tribunal, be final.

(3) Where the Board has any reason to believe that any property of any trust or society registered inpursuance of the Indian Trusts Act, 1882 (2 of 1882) or under the Societies Registration Act, 1860(21 of 1860) or under any other Act, is 1[waqf] property, the Board may notwithstanding anythingcontained in such Act, hold an inquiry in regard to such property and if after such inquiry the Board issatisfied that such property is 1[waqf] property, call upon the trust or society, as the case may be, either toregister such property under this Act as 1[waqf] property or show cause why such property should not beso registered:

Provided that in all such cases, notice of the action proposed to be taken under this sub-section shallbe given to the authority by whom the trust or society had been registered.

(4) The Board shall, after duly considering such cause as may be shown in pursuance of notice issuedunder sub-section (3), pass such orders as it may think fit and the order so made by the Board, shall befinal, unless it is revoked or modified by a Tribunal.

1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).

41. Power to cause registration of 1[waqf] and to amend register.The Board may direct amutawalli to apply for the registration of a 1[waqf], or to supply any information regarding a 1[waqf] ormay itself cause the 1[waqf] to be registered or may at any time amend the register of 2[auqaf].

1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).

2. Subs. by s. 4, ibid., for "wakfs" (w.e.f. 1-11-2013).

42. Change in the management of 2[auqaf] to be notified.(1) In the case of any change in themanagement of a registered 1[waqf] due to the death or retirement or removal of the mutawalli, theincoming mutawalli, shall forthwith, and any other person may notify the change to the Board.

(2) In the case of any other change in any of the particulars mentioned in section 36, the mutawallishall, within three months from the occurrence of the change, notify such change to the Board.

1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).

2. Subs. by s. 4, ibid., for "wakfs" (w.e.f. 1-11-2013).

43. 2[Auqaf] registered before the commencement of this Act deemed to be registered.Notwithstanding anything contained in this Chapter, where any 1[waqf] has been registered before thecommencement of this Act, under any law for the time being in force, it shall not be necessary to registerthe 1[waqf] under the provisions of this Act and any such registration made before such commencementshall be deemed to be a registration made under this Act.

1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).

2. Subs. by s. 4, ibid., for "wakfs" (w.e.f. 1-11-2013).

2[44. Budget.(1) Every mutawalli of a1[waqf] shall, in every year prepare, in such form and at suchtime as may be prescribed, a budget in respect of the financial year next ensuing showing the estimatedreceipts and expenditure during that financial year.

(2) Every such budget shall be submitted by the mutawalli at least 3[thirty days] before the beginningof the financial year to the Board and shall make adequate provision for the following:--

(i) for carrying out the objects of the 1[waqf];

(ii) for the maintenance and preservation of the 1[waqf] property;

(iii) for the discharge of all liabilities and subsisting commitments binding on the 1[waqf] underthis 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 andthe provisions of this Act, it may give such direction for addition or deletion of such item as it may deemfit.]

(4) If in the course of the financial year the mutawalli finds it necessary to modify the provisionsmade in the budget in regard to the receipt or to the distribution of the amounts to be expended under thedifferent heads, he may submit to the Board a supplementary or a revised budget and the provisions ofsub-section (3) shall, as far as may be, apply to such supplementary or revised budget.]

1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).

2. Subs. by s. 4, ibid., for "wakfs" (w.e.f. 1-11-2013).

3. Subs. by s. 26, ibid., for "ninety days" (w.e.f. 1-11-2013).

4. Subs. by s. 26, ibid., for sub-section (3) (w.e.f. 1-11-2013).

45. Preparation of budget of 1[auqaf] under direct management of the Board.(1) The ChiefExecutive Officer shall prepare, in such form and at such time as may be prescribed, a budget in respectof the financial year next ensuing showing the estimated receipts and expenditure for each of the 1[auqaf]under the direct management of the Board, showing therein the estimated receipts and expenditure andsubmit it to the Board for its approval.

(2) While submitting the budget under sub-section (1), the Chief Executive Officer shall also preparestatement giving details of the increase, if any, in the income of each 2[waqf] under the directmanagement of the Board and the steps which have been taken for its better management and the resultsaccruing therefrom during the year.

(3) The Chief Executive Officer shall keep regular accounts and be responsible for the propermanagement of every 2[waqf] under the direct management of the Board.

(4) Every budget submitted by the Chief Executive Officer under sub-section (1) shall comply withthe requirements of section 46 and, for this purpose, references therein to the mutawalli of the 3[waqf]shall be construed as references to the Chief Executive Officer.

(5) The audit of accounts of every 2[waqf] under the direct management of the Board shall beundertaken by the State Examiner of Local funds or any other officer appointed by the State Governmentfor this purpose, irrespective of the income of the 2[waqf].

(6) The provisions of sub-sections (2) and (3) of section 47 and the provisions of sections 48 and 49shall, in so far as they are not inconsistent with the provisions of this section, apply to the audit ofaccounts referred to in this section.

(7) Where any 2[waqf] is under the direct management of the Board, such administrative charges asmay be specified by the Chief Executive Officer shall be payable by the 2[waqf] to the Board:

Provided that the Chief Executive Officer shall not collect more than ten per cent. of the gross annualincome of the2[waqf] under the direct management of the Board as administrative charges.

1. Subs. by Act 27 of 2013, s. 4, for "wakfs" (w.e.f. 1-11-2013).

2. Subs. by s. 4, ibid., for "wakf" (w.e.f. 1-11-2013).

3. Subs. by s. 27, ibid., for "1st day of May" (w.e.f. 1-11-2013).

46. Submission of Accounts of ¹[auqaf].(1) Every mutawalli shall keep regular accounts.

(2) Before the ³[1st day of July] next, following the date on which the application referred toin section 36 has been made and thereafter before the ³[1st day of July] in every year, every mutawalli ofa²[waqf] shall prepare and furnish to the Board a full and true statement of accounts, in such form andcontaining such particulars as may be provided by regulations by the Board, of all moneys received orexpended by the mutawalli on behalf of the ²[waqf] during the period of twelve months ending on the31st day of March, or, as the case may be, during that portion of the said period during which theprovisions of this Act, have been applicable to the²[waqf]:

Provided that the date on which the annual accounts are to be closed may be varied at the discretionof the Board.

1 Subs. by Act 27 of 2013, s. 4, for "wakfs" (w.e.f. 1-11-2013).

2. Subs. by s. 4, ibid., for "wakf" (w.e.f. 1-11-2013).

3. Subs. by s. 27, ibid., for "1st day of May" (w.e.f. 1-11-2013).

47. Audit of accounts of 1[auqaf].(1) The accounts of 1[auqaf] submitted to the Board undersection 46 shall be audited and examined in the following manner, namely:--

(a) in the case of a2[waqf] having no income or a net annual income not exceeding3[fifty thousand rupees], the submission of a statement of accounts shall be a sufficient compliancewith the provisions of section 46 and the accounts of two per cent. of such 1[auqaf] shall be auditedannually by an auditor appointed by the Board;

(b) the accounts of the 2[waqf] having net annual income exceeding 3[fifty thousand rupees] shallbe audited annually, or at such other intervals as may be prescribed, by an auditor appointed by the Board from out of the panel of auditors prepared by the State Government and while drawing up suchpanel of auditors, the State Government shall specify the scale of remuneration of auditors;

(c) the State Government may, 4[under intimation to the Board,] at any time cause the account ofany5[waqf] audited by the State Examiner of Local Funds or by any other officer designated for thatpurpose by that State Government.

(2) The auditor shall submit his report to the Board and the report of the auditor shall among otherthings, specify all cases of irregular, illegal or improper expenditure or of failure to recover money orother property caused by neglect or misconduct and any other matter which the auditor considers itnecessary to report; and the report shall also contain the name of any person who, in the opinion of theauditor, is responsible for such expenditure or failure and the auditor shall in every such case certify theamount of such expenditure or loss as due from such person.

(3) The cost of the audit of the accounts of a 5[waqf] shall be met from the funds of that 5[waqf]:

Provided that the remuneration of the auditors appointed from out of the panel drawn by the StateGovernment in relation to 6[auqaf] having a net annual income of 7[more than fifty thousand rupees] shallbe paid in accordance with the scale of remuneration specified by the State Government under clause (c)of sub-section (1):

Provided further that where the audit of the accounts of any5[waqf] is made by the State Examiner ofLocal Funds or any other officer designated by the State Government in this behalf, the cost of such auditshall not exceed one and a half per cent. of the net annual income of such5[waqf] and such costs shall bemet from the funds of the 6[auqaf] concerned.

1. Subs. by Act 27 of 2013, s. 4, for "wakfs" (w.e.f. 1-11-2013).

2. Subs. by s. 4, ibid., for "wakf" (w.e.f. 1-11-2013).

3. Subs. by s. 28, ibid., for "ten thousand rupees" (w.e.f. 1-11-2013).

4. Ins. by Act 27 of 2013, s. 28 (w.e.f. 1-11-2013).

5. Subs. by s. 4, ibid., for "wakf" (w.e.f. 1-11-2013).

6. Subs. by s. 4, ibid., for "wakfs" (w.e.f. 1-11-2013).

7. Subs. by s. 28, ibid., for "more than ten thousand rupees but less than fifteen thousand rupees" (w.e.f. 1-11-2013).

(1) 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 passsuch orders as it thinks fit including orders for the recovery of the amount certified by the auditor undersub-section (2) of section 47.

(2) The mutawalli or any other person aggrieved by any order made by the Board may, within thirtydays of the receipt by him of the order, apply to the Tribunal to modify or set aside the order and theTribunal may, after taking such evidence as it may think necessary, confirm or modify the order or remitthe amount so certified, either in whole or in part, and may also make such order as to costs as it maythink appropriate in the circumstances of the case.

(3) No application made under sub-section (2) shall be entertained by the Tribunal unless the amountcertified by the auditor under sub-section (2) of section 47 has first been deposited in the Tribunal and theTribunal shall not have any power to stay the operation of the order made by the Board undersub-section (1).

(4) The order made by the Tribunal under sub-section (2) shall be final.

(5) Every amount for the recovery of which any order has been made under sub-section (1) orsub-section (2) shall, where such amount remains unpaid, be recoverable in the manner specifiedin section 34 or section 35 as if the said order were an order for the recovery of any amount determinedunder sub-section (3) of section 35.

(1) Every sum certified tobe due from any person by an auditor in his report under section 47 unless such certificate is modified orcancelled by an order of the Board or of the Tribunal made under section 48, and every sum due on amodified certificate shall be paid by such person within sixty days after the service of a demand notice forthe same issued by the Board.

(2) If such payment is not made in accordance with the provisions of sub-section (1), the sum payablemay, 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.

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 anyrule or order made thereunder;

(b) to furnish such returns and supply such information or particulars as may from time to time berequired by the Board in accordance with the provisions of this Act or of any rule or order madethereunder;

(c) to allow inspection of 1[waqf] properties, accounts or records or deeds and documents relatingthereto;

(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.

1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).

51. Alienation of 1[waqf] property without sanction of Board to be void.2[(1) Notwithstandinganything contained in the waqf deed, any lease of any immovable property which is waqf property, shallbe void unless such lease is effected with the prior sanction of the Board:

Provided that no mosque, dargah, khanqah, graveyard, or imambara shall be leased except any unusedgraveyards in the States of Punjab, Haryana and Himachal Pradesh where such graveyard has been leasedout before the date of commencement of the Wakf (Amendment) Act, 2013 (27 of 2013).

(1A) Any sale, gift, exchange, mortgage or transfer of waqf property shall be void ab initio:

Provided that in case the Board is satisfied that any waqf property may be developed for the purposesof the Act, it may, after recording reasons in writing, take up the development of such property throughsuch agency and in such manner as the Board may determine and move a resolution containingrecommendation of development of such waqf property, which shall be passed by a majority of two-thirdsof the total membership of the Board:

Provided further that nothing contained in this sub-section shall affect any acquisition of waqfproperties for a public purpose under the Land Acquisition Act, 1894 (1 of 1894) or any other law relatingto acquisition of land if such acquisition is made in consultation with the Board:

Provided also that--

(a) the acquisition shall not be in contravention of the Places of Public Worship (SpecialProvisions) Act, 1991 (42 of 1991);

(b) the purpose for which the land is being acquired shall be undisputedly for a public purpose;

(c) no alternative land is available which shall be considered as more or less suitable for thatpurpose; and

(d) to safeguard adequately the interest and objective of the waqf, the compensation shall be atthe prevailing market value or a suitable land with reasonable solatium in lieu of the acquiredproperty.]

3

1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).

2. Subs. by s. 29, ibid., for sub-section (1) (w.e.f. 1-11-2013).

3. Sub-sections (2), (3), (4) and (5) omitted by s. 29, ibid. (w.e.f. 1-11-2013).

52. Recovery of 1[waqf] property transferred in contravention of section 51.(1) If the Board issatisfied, after making any inquiry in such manner as may be prescribed, that any immovable property ofa 1[waqf] entered as such in the register of 1[waqf] maintained under section 36, has been transferredwithout the previous sanction of the Board in contravention of the provisions of section 51 2[or section56], it may send a requisition to the Collector within whose jurisdiction the property is situate to obtainand deliver possession of the property to it.

(2) On receipt of a requisition under sub-section (1), the Collector shall pass an order directing theperson in possession of the property to deliver the property to the Board within a period of thirty daysfrom the date of the service of the order.

(3) Every order passed under sub-section (2) shall be served--

(a) by giving or tendering the order, or by sending it by post to the person for whom it isintended; or

(b) if such person cannot be found, by affixing the order on some conspicuous part of his lastknown place of abode or business, or by giving or tendering the order to some adult male member orservant of his family or by causing it to be affixed on some conspicuous part of the property to whichit relates:

Provided that where the person on whom the order is to be served, is a minor, service upon hisguardian or upon any adult male member or servant of his family shall be deemed to be the service uponthe minor.

(4) Any person aggrieved by the order of the Collector under sub-section (2) may, within a period ofthirty days from the date of the service of the order, prefer an appeal to the Tribunal within whosejurisdiction the property is situate and the decision of the Tribunal on such appeal shall be final.

(5) Where an order passed under sub-section (2) has not been complied with and the time forappealing against such order has expired without an appeal having been preferred or the appeal, if any,preferred within that time has been dismissed, the Collector shall obtain possession of the property inrespect of which the order has been made, using such force, if any, as may be necessary for the purposeand deliver it to the Board.

(6) In exercising his functions under this section the Collector shall be guided by such rules as may beprovided by regulations.

1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).

2. Ins. by s. 30, ibid. (w.e.f. 1-11-2013).

1[52A. Penalty for alienation of waqf property without sanction of Board.(1) Whoeveralienates or purchases or takes possession of, in any manner whatsoever, either permanently ortemporarily, any movable or immovable property being a waqf property, without prior sanction of theBoard, 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 forthe 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) anyoffence 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 bythe Board or any officer duly authorised by the State Government in this behalf.

(4) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first classshall try any offence punishable under this section.]

1. Ins. by Act 27 of 2013, s. 31 (w.e.f. 1-11-2013).

53. Restriction on purchase of property on behalf of 1[waqf].Notwithstanding anythingcontained in a 1[waqf] deed, no immovable property shall be purchased for or on behalf of any 1[waqf]from the funds of any 1[waqf] except with prior sanction of the Board, and the Board shall not accordsuch sanction unless it considers that the acquisition of such property is necessary or beneficial to the1[waqf] and that the price proposed to be paid therefor is adequate and reasonable:

Provided that before such sanction is accorded, the particulars relating to the proposed transactionshall be published in the Official Gazette inviting objections and suggestions with respect thereto and, theBoard shall, after considering the objections and suggestions that may be received by it from mutawallisor other persons interested in the 1[waqf], make such orders as it may think fit.

1. Subs. by s. 4, ibid., for "wakf" (w.e.f. 1-11-2013).

54. Removal of encroachment from 1[waqf] property.(1) Whenever the Chief Executive Officerconsiders whether on receiving any complaint or on his own motion that there has been an encroachmenton any land, building, space or other property which is 1[waqf] property and, which has been registered assuch under this Act, he shall cause to be served upon the encroacher a notice specifying the particulars ofthe encroachment and calling upon him to show cause before a date to be specified in such notice, as towhy an order requiring him to remove the encroachment before the date so specified should not be madeand shall also send a copy of such notice to the concerned mutawalli.

(2) The notice referred to in sub-section (1) shall be served in such manner as may be prescribed.

(3) If, after considering the objections, received during the period specified in the notice, and afterconducting an inquiry in such manner as may be prescribed, the Chief Executive Officer is satisfied thatthe property in question is 1[waqf] property and that there has been an encroachment on any such 1[waqf]property, 2[he may, make an application to the Tribunal for grant of order of eviction for removing] suchencroachment and deliver possession of the land, building, space or other property encroached upon to themutawalli of the 1[waqf].

3[(4) The Tribunal, upon receipt of such application from the Chief Executive Officer, for reasons tobe recorded therein, make an order of eviction directing that the waqf property shall be vacated by allpersons who may be in occupation thereof or any part thereof, and cause a copy of the order to be affixedon the outer door or some other conspicuous part of the waqf property:

Provided that the Tribunal may before making an order of eviction, give an opportunity of beingheard to the person against whom the application for eviction has been made by the Chief ExecutiveOfficer.

(5) If any person refuses or fails to comply with the order of eviction within forty-five days from thedate of affixture of the order under sub-section (2), the Chief Executive Officer or any other person dulyauthorised by him in this behalf may evict that person from, and take possession of, the waqf property.]

1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).

2. Subs. by s. 32, ibid., for "he may, by an order, require the encroacher to remove" (w.e.f. 1-11-2013).

3. Subs. by s. 32, ibid., for sub-section (4) (w.e.f. 1-11-2013).

1[55A. Disposal of property left on waqf property by unauthorised occupants.(1) Where anyperson has been evicted from any waqf property under sub-section (4) of section 54, the Chief ExecutiveOfficer may, after giving fourteen daysu2019 notice to the person from whom possession of the waqf propertyhas been taken and after publishing the notice in at least one newspaper having circulation in the localityand after proclaiming the contents of the notice by placing it on conspicuous part of the waqf property,remove or cause to be removed or dispose of by public auction any property remaining on such premises.

(2) Where any property is sold under sub-section (1), the sale proceeds shall, after deducting theexpenses relating to removal, sale and such other expenses, the amount, if any, due to the State Government or a local authority or a corporate authority on account of arrears of rent, damages or costs,be paid to such person, as may appear to the Chief Executive Officer to be entitled to the same:

Provided that where the Chief Executive Officer is unable to decide as to the person to whom thebalance of the amount is payable or as to the appointment of the same, he may refer such dispute to theTribunal and the decision of the Tribunal thereon shall be final.]

1. Subs. by s. 33, ibid., for "sub-section (3)" (w.e.f. 1-11-2013).

2. Subs. by s. 33, ibid., for "apply to the Sub-Divisional Magistrate' (w.e.f. 1-11-2013).

1[55A. Disposal of property left on waqf property by unauthorised occupants.(1) Where anyperson has been evicted from any waqf property under sub-section (4) of section 54, the Chief ExecutiveOfficer may, after giving fourteen days' notice to the person from whom possession of the waqf propertyhas been taken and after publishing the notice in at least one newspaper having circulation in the localityand after proclaiming the contents of the notice by placing it on conspicuous part of the waqf property,remove or cause to be removed or dispose of by public auction any property remaining on such premises.

(2) Where any property is sold under sub-section (1), the sale proceeds shall, after deducting theexpenses relating to removal, sale and such other expenses, the amount, if any, due to the State Government or a local authority or a corporate authority on account of arrears of rent, damages or costs,be paid to such person, as may appear to the Chief Executive Officer to be entitled to the same:

Provided that where the Chief Executive Officer is unable to decide as to the person to whom thebalance of the amount is payable or as to the appointment of the same, he may refer such dispute to theTribunal and the decision of the Tribunal thereon shall be final.]

1. Ins. by s. 34, ibid. (w.e.f. 1-11-2013).

56. Restriction on power to grant lease of 1[waqf] property.(1) 2[A lease for any periodexceeding thirty years] of any immovable property which is 1[waqf] property, shall,notwithstanding anything contained in the deed or instrument of 1[waqf] or in any other law for the timebeing in force, be void and of no effect:

3[Provided that a lease for any period up to thirty years may be made for commercial activities,education or health purposes, with the approval of the State Government, for such period and purposes asmay be specified in the rules made by the Central Government:

Provided further that lease of any immovable waqf property, which is an agricultural land, for aperiod exceeding three years shall, notwithstanding anything contained in the deed or instrument of waqfor in any other law for the time being in force, be void and of no effect:

Provided also that before making lease of any waqf property, the Board shall publish the details oflease and invite bids in at least one leading national and regional news papers.]

(2) 4[A lease for a period of one year but not exceeding thirty years] of immovable property which is1[waqf] property shall, notwithstanding anything contained in the deed or instrument of 1[waqf] or in anyother law for the time being in force, be void and of no effect unless it is made with the previoussanction of the Board.

(3) The Board shall, in granting sanction for lease 5 or renewal thereof under this section reviewthe terms and conditions on which the lease 5 is proposed to be granted or renewed and make itsapproval subject to the revision of such terms and conditions in such manner as it may direct:

3[Provided that the Board shall immediately intimate the State Government regarding a lease for anyperiod exceeding three years of any waqf property and thereafter it may become effective after the expiryof forty-five days from the date on which the Board intimates the State Government.]

3[(4) Every rule made by the Central Government under this section shall be laid, as soon as may beafter it is made, before each House of Parliament, while it is in session for a total period of thirty days,which may be comprised in one session or in two or more successive sessions, and if, before the expiry ofthe session immediately following the session or the successive sessions aforesaid, both Houses agree inmaking any modification in the rule or both Houses agree that the rule should not be made, the rule shallthereafter have effect only in such modified form or be of no effect, as the case may be; so, however, thatany such modification or annulment shall be without prejudice to the validity of anything previously doneunder that rule.]

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).

57. Mutawalli entitled to pay certain costs from income of 1[waqf] property.Notwithstandinganything contained in the 1[waqf] deed, every mutawalli may pay from the income of the 1[waqf] propertyany expenses properly incurred by him for the purpose of enabling him to furnish any particulars,documents or copies under section 36 or any accounts under section 46 or any information or documentsrequired by the Board or for the purpose of enabling him to carry out the directions of the Board.

1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).

(1) Where a mutawalli refusesto pay or fails to pay any revenue, cess, rates or taxes due to the Government or any local authority, theBoard may discharge dues from the 1[Waqf] Fund and may recover the amount so paid from the 1[waqf]property and may also recover damages not exceeding twelve and a half per cent. of the amount so paid.

(2) Any sum of money due under sub-section (1) may, on a certificate issued by the Board aftergiving the mutawalli concerned an opportunity of being heard, be recovered in the same manner as anarrear of land revenue.

1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).

For the purpose of making provisions for the payment of rent and ofrevenue, cess, rates and taxes due to the Government or any local authority, for the discharge of theexpenses of the repair of the 1[waqf] property and for the preservation of the 1[waqf] property, the Boardmay direct the creation and maintenance, in such manner as it may think fit, of a reserve fund from theincome of a 1[waqf].

1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).

The Board may, if its is satisfied that it is necessary so to do, extend thetime within which any act is required to be done by the mutawalli under this Act.

(1) If a mutawalli fails to--

(a) apply for the registration of a 2[auqaf];

(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 1[waqf] properties, accounts, records or deeds and documents relatingthereto;

(e) deliver possession of any 1[waqf] property, if ordered by the Board or Tribunal;

(f) carry out the directions of the Board;

(g) discharge any public dues; or

(h) 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, bepunishable with fine which may extend to 3[ten 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 termwhich may extend to six months and also with fine which may extend to ten thousand rupees.]

(2) Notwithstanding anything contained in sub-section (1), if--

(a) a mutawalli omits or fails, with a view to concealing the existing of a 1[waqf], to apply for itsregistration under this Act,--

(i) in the case of a 1[waqf] created before the commencement of this Act, within the periodspecified therefor in sub-section (8) of section 36;

(ii) in the case of any 1[waqf] created after such commencement, within three months fromthe date of the creation of the 1[waqf]; or

(b) a mutawalli furnishes any statement, return, or information to the Board, which he knows orhas reason to believe to be false, misleading, untrue or incorrect in any material particular,

he shall be punishable with imprisonment for a term which may extend to six months and also with finewhich may extend to fifteen thousand rupees.

(3) No court, shall take cognizance of an offence punishable under this Act save upon complaintmade by the Board or an officer duly authorised by the board in this behalf.

(4) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first classshall try any offence punishable under this Act.

(5) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the fineimposed under sub-section (1), when realised, shall be credited to the 1[Waqf] Fund.

(6) In every case where offender is convicted after the commencement of this Act, of an offencepunishable under sub-section (1) and sentenced to a fine, the court shall also impose such term ofimprisonment in default of payment of fine as is authorised by law for such default.

1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).

2. Subs. by s. 4, ibid., for "wakfs" (w.e.f. 1-11-2013).

3. Subs. by s. 36, ibid., for "eight thousand rupees" (w.e.f. 1-11-2013).

62. Mutawalli not to spend any money belonging to 1[waqf] for self defence.No mutawalli shallspend any money out of the funds of the 1[waqf], of which he is the mutawalli, for meeting any costs,charges, or expenses which are or may be, incurred by him, in relation to any suit, appeal or any otherproceeding for, or incidental to, his removal from office or for taking any disciplinary action againsthimself.

1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).

When there is a vacancy in the office of themutawalli of a 1[waqf] and there is no one to be appointed under the terms of the deed of the 1[waqf], orwhere the right of any person to act as mutawalli is disputed, the board may appoint any person to act asmutawalli for such period and on such conditions as it may think fit.

1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013)..

(1) Notwithstanding anything contained in any other law or the deed of1[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 involvingmoral turpitude, and such conviction has not been reversed and he has not been granted full pardonwith respect to such offence; or

(c) is of unsound mind or is suffering from other mental or physical defect or infirmity whichwould 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 tothe taking of any narcotic drugs; or

(f) is employed as paid legal practitioner on behalf of, or against, the 1[waqf]; or

(g) has failed, without reasonable excuse, to maintain regular accounts for two consecutive yearsor has failed to submit, in two consecutive years, the yearly statement of accounts, as required bysub-section (2) of section 46; or

(h) is interested, directly or indirectly, in a subsisting lease in respect of any 1[waqf] property, orin any contract made with, or any work being done for, the 1[waqf] or is in arrears in respect of anysum due by him to such 1waqf; or

(i) continuously neglects his duties or commits any misfeasance , malfeasance, misapplication offunds or breach of trust in relation to the 1[waqf] or in respect of any money or other 1[waqf] property;or

(j) wilfully and persistently disobeys the lawful orders made by the Central Government, StateGovernment, Board under any provision of this Act or rule or order made thereunder;

(k) misappropriates or fraudulently deals with the property of the 1[waqf].

(2) The removal of a person from the office of the mutawalli shall not affect his personal rights, ifany, in respect of the 1[waqf] property either as a beneficiary or in any other capacity or his right, if any,as a sajjadanashin.

(3) No action shall be taken by the Board under sub-section (1), unless it has held an inquiry into thematter in a prescribed manner and the decision has been taken by a majority of not less than two-thirds ofthe members of the Board.

(4) A mutawalli who is aggrieved by an order passed under any of the clauses (c) to (i) ofsub-section (1), may, within one month from the date of the receipt by him of the order, appeal against theorder to the Tribunal and the decision of the Tribunal on such appeal shall be final.

(5) Where any inquiry under sub-section (3) is proposed, or commenced, against any mutawalli, theBoard may, if it is of opinion that it is necessary so to do in the interest of the 1waqf, by an ordersuspend such mutawalli until the conclusion of the inquiry:

Provided that no suspension for a period exceeding ten days shall be made except after giving themutawalli a reasonable opportunity of being heard against the proposed action.

(6) Where any appeal is filed by the mutawalli to the Tribunal under sub-section (4), the Board maymake an application to the Tribunal for the appointment of a receiver to manage the 2[waqf] pending thedecision of the appeal, and where such an application is made, the Tribunal shall, notwithstandinganything contained in the Code of Civil Procedure, 1908 (5 of 1908), appoint a suitable person asreceiver to manage the 2[waqf] and direct the receiver so appointed to ensure that the customary orreligious rights of the mutawalli and of the 2[waqf] are safeguarded.

(7) Where a mutawalli has been removed from his office under sub-section (1), the Board may, byorder, direct the mutawalli to deliver possession of the 2[waqf] property to the Board or any officer dulyauthorised in this behalf or to any person or committee appointed to act as the mutawalli of the 2[waqf]property.

(8) A mutawalli of a 2[waqf] removed from his office under this section shall not be eligible forre-appointment as a mutawalli of that 2[waqf] for a period of five years from the date of such removal.

1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).

2. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).

65. Assumption of direct management of certain ²[auqaf] by the Board.(1) Where no suitableperson is available for appointment as a mutawalli of a 1[waqf], or where the Board is satisfied, forreasons to be recorded by it in writing, that the filling up of the vacancy in the office of a mutawalli isprejudicial to the interests of the 1[waqf], the Board may, by notification in the Official Gazette, assumedirect management of the 1[waqf] for such period or periods, not exceeding five years in the aggregate, asmay be specified in the notification.

(2) The State Government may, on its own motion or on the application of any person interested inthe 1[waqf], call for the records of any case for the purpose of satisfying itself as to the correctness,legality or propriety of the notification issued by the Board under sub-section (1) and pass such orders asit may think fit and the orders so made by the State Government shall be final and shall be published inthe manner specified in sub-section (1).

(3) As soon as possible after the close of every financial year, the Board shall send to the StateGovernment a detailed report in regard to every 1[waqf] under its direct management, giving therein--

(a) the details of the income of the 1[waqf] for the year immediately preceding the year underreport;

(b) the steps taken to improve the management and income of the 1[waqf];

(c) the period during which the 1[waqf] has been under the direct management of the Board andexplaining the reasons as to why it has not been possible to entrust the management of the 1[waqf] tothe mutawalli or any committee of management during the year; and

(d) such other matters as may be prescribed.

(4) The State Government shall examine the report submitted to it under sub-section (3), and aftersuch examination, issue such directions or instructions to the Board as it may think fit and the Board shallcomply with such directions or instructions on receipt thereof.

³[(5) Notwithstanding anything contained in sub-section (1), the Board shall take over theadministration of a waqf, if the waqf Board has evidence before it to prove that management of the waqfhas contravened the provisions of this Act.]

1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).

2 Subs. by s. 4, ibid., for "wakfs" (w.e.f. 1-11-2013).

3 Ins. by s. 37, ibid. (w.e.f. 1-11-2013).

Whenever a deed of 1[waqf] or any decree or order of a court of any scheme ofmanagement of any 1[waqf] provides that a court or any authority other than a Board may appoint orremove a mutawalli or settle or modify such scheme of management or otherwise exercisesuperintendence over the 1[waqf, then, notwithstanding anything contained in such deed of 1[waqf],decree, order or scheme, such powers aforesaid shall be exercisable by the State Government:

Provided that where a Board has been established, the State Government shall consult the Boardbefore exercising such powers.

1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).

(1) Whenever the supervisionor management of a 1[waqf] is vested in any committee appointed by the 1[waqf], then, notwithstandinganything contained in this Act, such committee shall continue to function until it is superseded by theBoard or until the expiry of its term as may be specified by the 1[waqf], whichever is earlier:

Provided that such committee shall function under the direction, control and supervision of the Boardand 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 1[waqf] by acommittee is inconsistent with any provision of this Act or of any rule made thereunder or with thedirections of the 1[waqf], it may, at any time, modify the scheme in such manner as may be necessary tobring it in conformity with the directions of the 1[waqf] or of the provisions of this Act and the rules madethereunder.

(2) Notwithstanding anything contained in this Act, and in the deed of the 1[waqf], the Board may, ifit is satisfied, for reasons to be recorded in writing, that a committee, referred to in sub-section (1) is notfunctioning properly and satisfactorily, or that the 1[waqf] is being mismanaged and that in the interest ofits proper management, it is necessary so to do, by an order, supersede such committee, and, on suchsupersession, any direction of the 1[waqf], in so far as it relates to the constitution of the committee, shallcease to have any force:

Provided that the Board shall, before making any order superseding any committee, issue a noticesetting forth therein the reasons for the proposed action and calling upon the Committee to show causewithin such time, not being less than one month, as may be specified in the notice, as to why such actionshall not be taken.

(3) Every order made by the Board under sub-section (2) shall be published in the prescribed mannerand on such publication shall be binding on the mutawalli and all persons having any interest in the1[waqf].

(4) Any order made by the Board under sub-section (2) shall be final:

Provided that any person aggrieved by the order made under sub-section (2) may, within sixty daysfrom the date of the order, appeal to the Tribunal:

Provided further that the Tribunal shall have no power to suspend the operation of the order made bythe Board pending such appeal.

(5) The Board shall, whenever it supersedes any committee under sub-section (2), constitute a newcommittee of management simultaneously with the order made by it under sub-section (2).

(6) Notwithstanding anything contained in the foregoing sub-sections, the Board may, instead ofsuperseding any committee under sub-section (2), remove any member thereof if it is satisfied that suchmember has abused his position as such member or had knowingly acted in a manner prejudicial to theinterests of the 1[waqf], and every such order for the removal of any member shall be served upon him byregistered post:

Provided that no order for the removal of the member shall be made unless he has been given areasonable opportunity of showing cause against the proposed action:

Provided further that any member aggrieved by any order for his removal from the membership of thecommittee may, within a period of thirty days from the date of service of the order on him, prefer anappeal against such order to the Tribunal and Tribunal may, after giving a reasonable opportunity to theappellant and the Board of being heard, confirm, modify or reverse the order made by the Board and theorder made by the Tribunal in such appeal shall be final.

1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).

(1) Where anymutawalli or committee of management has been removed by the Board in accordance with provisions ofthis 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 anddeliver possession of the records, accounts and all properties of the 1[waqf] (including cash) to thesuccessor mutawalli or the successor committee, within one month from the date specified in the order.

(2) Where any removed mutawalli or committee fails to deliver charge or deliver possession of therecords, accounts and properties (including cash) to the successor mutawalli or committee within the timespecified in sub-section (1), or prevents or obstructs such mutawalli or committee, from obtainingpossession thereof after expiry of the period aforesaid, the successor mutawalli or any member of thesuccessor committee may make an application, accompanied by a certified copy of the order appointingsuch successor mutawalli or committee, to any 1[District Magistrate, Additional District Magistrate,Sub-Divisional Magistrate or their equivalent] within the local limits of whose jurisdiction any part of the2[waqf] property is situated and, thereupon such 1[District Magistrate, Additional District Magistrate,Sub-Divisional Magistrate or their equivalent] may, after giving notice to the removed mutawalli ormembers of the removed committee, make an order directing the delivery of charge and possession ofsuch records, accounts and properties (including cash ) of the 2[waqf] to the successor mutawalli or thecommittee, as the case may be, within such time as may be specified in the order.

(3) Where the removed mutawalli or any member of the removed committee, omits or fails to delivercharge and possession of the records, accounts and properties (including cash) within the time specifiedby 3[any Magistrate] under sub-section (2) the removed mutawalli or every member of the removedcommittee, as the case may be, shall be punishable with imprisonment for a term which may extend to sixmonths or with fine which may extend to eight thousand rupees, or with both.

(4) Whenever any removed mutawalli or any member of the removed committee omits or fails tocomply with the orders made by 3[any Magistrate] under sub-section (2),3[any Magistrate] may authorisethe successor mutawalli or committee to take charge and possession of such records, accounts, properties(including cash) and may authorise such person to take such police assistance as may be necessary for thepurpose.

(5) No order of the appointment of the successor mutawalli or committee, shall be called in questionin the proceedings before 3[any Magistrate] under this section.

(6) Nothing contained in this section shall bar the institution of any suit in a competent civil court byany person aggrieved by any order made under this section, to establish that he has right, title and interestin the properties specified in the order made by 3[any Magistrate] under sub-section (2).

1. Subs. by Act 27 of 2013, s. 38, for "Magistrate of the first class" and "Magistrate" (w.e.f. 1-11-2013).

2. Subs. by s. 4, ibid., for "wakf" (w.e.f. 1-11-2013).

3. Subs. by s. 38, ibid., for "the Magistrate" (w.e.f. 1-11-2013).

69. Power of Board to frame scheme for administration of 1[waqf].²[(1) Where the Board issatisfied after an enquiry, whether on its own motion or on the application of not less than five personsinterested in any waqf, to frame a scheme for the proper administration of the waqf, it may, by an order,frame such scheme for the administration of the waqf, after giving reasonable opportunity and afterconsultation with the mutawalli or others in the prescribed manner.]

(2) A scheme framed under sub-section (1) may provide for the removal of the mutawalli of the1[waqf] holding office as such immediately before the date on which the scheme comes into force:

Provided that where any such scheme provides for the removal of any hereditary mutawalli, thescheme shall also provide for the appointment of the person next in hereditary succession to the mutawalliso removed, as one of the members of the committee appointed for the proper administration of the1[waqf].

(3) Every order made under sub-section (2) shall be published in the prescribed manner, and, on suchpublication shall be final and binding on the mutawalli, and all persons interested in the 1[waqf]:

Provided that any person aggrieved by an order made under this section may, within sixty days fromthe date of the order, prefer an appeal to the Tribunal and after hearing such appeal, the Tribunal mayconfirm, reverse or modify the order:

Provided further that the Tribunal shall have no power to stay the operation of the order made underthis section.

(4) The Board may, at any time by an order, whether made before or after the scheme has come intoforce, cancel or modify the scheme.

(5) Pending the framing of the scheme for the proper administration of the ³[waqf], the Board mayappoint a suitable person to perform all or any of the functions of the mutawalli thereof and to exercisethe powers, and perform the duties, of such mutawalli.

1. Subs. by s. 4, ibid., for "wakf" (w.e.f. 1-11-2013).

2 Subs. by s. 39, ibid., for sub-section (1) (w.e.f. 1-11-2013).

3 Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).

70. Inquiry relating to administration of 1[waqf].Any person interested in a1[waqf] may makean application to the Board supported by an affidavit to institute an inquiry relating to the administrationof the 1[waqf] and if the Board is satisfied that there are reasonable grounds for believing that the affairsof the 1[waqf] are being mismanaged, it shall take such action thereon as it thinks fit.

1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).

(1) The Board may, either on an application receivedunder section 2[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 1[waqf] andtake 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 thisbehalf, 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.

1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).

2. Subs. by s. 40, ibid., for "73" (w.e.f. 1-11-2013).

(1) The mutawalli of every 1[waqf], the net annualincome of which is not less than five thousand rupees, shall pay annually, out of the net annual incomederived by the 1[waqf], such contributions, not exceeding seven per cent. of such annual income, as maybe prescribed, to the Board for the services rendered by such Board to the 1[waqf].

Explanation I .--For the purposes of this Act, "net annual income" shall mean the gross income ofthe 1[waqf] from all sources, including nazars and offerings which do not amount to contributions to thecorpus of the 2[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;

(iii) expenditure incurred for all or any of the 3[in respect of lands directly under cultivation bythe mutawalli for the benefit of the waqf], namely:--

(a) maintenance of, or repairs to, irrigation works, which shall not include the capital cost ofirrigation;

(b) seeds or seedlings;

(c) manure;

(d) purchase and maintenance of agricultural implements;

(e) purchase and maintenance of cattle for cultivation;

(f) wages for ploughing, watering, sowing, transplanting, harvesting, threshing and otheragricultural operations:

Provided that the total deduction in respect of an expenditure incurred under this clause shall notexceed 4[twenty per cent.] of the income derived from lands belonging to the 1[waqf]:

5[Provided further that no such deduction shall be permitted in respect of waqf land given onlease, by whatever name called, whether batai or share cropping or any other name.]

(iv) expenditure on sundry repairs to rented buildings, not exceeding five per cent. of the annualrent derived therefrom, or the actual expenditure, whichever is less;

(v) sale proceeds of immovable properties or rights relating to, or arising out of immovableproperties, if such proceeds are reinvested to earn income for the 6[waqf]:

Provided that the following items of receipts shall not be deemed to be income for the purposes ofthis section, namely:--

(a) advances and deposits recovered and loans taken or recovered;

(b) deposits made as security by employees, lessees or contractors and other deposits, if any;

(c) withdrawals from banks or of investments;

(d) amounts recovered towards costs awarded by courts;

(e) sale proceeds of religious books and publications where such sales are undertaken as anun-remunerative enterprise with a view to propagating religion;

(f) donations in cash or kind or offerings made by the donors as contribution to the corpus ofthe 6[waqf]:

Provided that interest on income, if any, accruing from such donations or offerings shall betaken into account in calculating the gross annual income;

(g) voluntary contributions received in cash or kind for a specific service to be performed bythe 6[waqf] and expended on such service;

(h) audit recoveries;

Explanation II.--In determining the net annual income for the purposes of this section, only the netprofit derived by any 6[waqf] from its remunerative undertakings, if any, shall be taken as income, and inrespect of its non-remunerative undertakings, such as, schools, colleges, hospitals, poor homes,orphanages or any other similar institutions, the grants given by the Government or any local authority ordonations received from the public or fees collected from the pupils of educational institutions shall notbe taken as income.

(2) The Board may in the case of any mosque or orphanage or any particular 6[waqf] reduce or remitsuch contribution for such time as it thinks fit.

(3) The mutawalli of a 6[waqf] may realise the contributions payable by him under sub-section (1)from the various persons entitled to received any pecuniary or other material benefit from the 6[waqf], butthe sum realisable from any one of such persons shall not exceed such amount as shall bear to the totalcontribution payable, the same proportion, as the value of the benefits receivable by such person bears tothe entire net annual income of the 6[waqf]:

Provided that if there is any income of the 6[waqf] available in excess of the amount payable as duesunder this Act, other than as the contribution under sub-section (1), and in excess of the amount payableunder the 6[waqf] deed, the contribution shall be paid out of such income.

(4) The contribution payable under sub-section (1) in respect of a 6[waqf] shall, subject to the priorpayment of any dues to the Government or any local authority or of any other statutory first charge on the6[waqf] property or the income thereof, be a first charge on the income of the 6[waqf] and shall berecoverable, on a certificate issued by the Board after giving the mutawalli concerned an opportunity ofbeing heard, as an arrear of land revenue.

(5) If a mutawalli realises the income of the 7[waqf] and refuses to pay or does not pay suchcontribution, he shall also be personally liable for such contribution which may be realised from hisperson or property in the manner aforesaid.

(6) Where, after the commencement of this Act, the mutawalli of a 7[waqf] fails to submit a return ofthe net annual income of the 7[waqf] within the time specified therefor or submits a return which, in theopinion of the Chief Executive Officer is incorrect or false in any material particular, or which does notcomply with the provisions of this Act or any rule or order made thereunder, the Chief Executive Officermay assess the net annual income of the 7[waqf] to the best of his judgment or revise the net annualincome as shown in the return submitted by the mutawalli and the net annual income as so assessed orrevised shall be deemed to be the net annual income of the 7[waqf] for the purposes of this section:

Provided that no assessment of net annual income or revision of return submitted by mutawalli shallbe made except after giving a notice to the mutawalli calling upon him to show cause, within the timespecified in the notice, as to why such assessment or revision of the return shall not be made and everysuch assessment or revision shall be made after considering the reply if any, given by the mutawalli.

(7) Any mutawalli who is aggrieved by the assessment or revision made by the Chief ExecutiveOfficer, under sub-section (6), may prefer an appeal to the Board within thirty days from the date of thereceipt of the assessment or revision of return and the Board may, after giving the appellant a reasonableopportunity of being heard, confirm, reverse or modify the assessment or revision or the return and thedecision of the Board thereon shall be final.

(8) If, for any reason, the contribution or any portion thereof leviable under this section has escapedassessment in any year, whether before or after the commencement of this Act, the Chief ExecutiveOfficer may, within five years from the last date of the year to which such escaped assessment relatesserve upon the mutawalli a notice assessing him with the contribution or portion thereof which hadescaped assessment, and demanding payment thereof within thirty days from the date of service of suchnotice, and the provisions of this Act and the rules made thereunder, shall, as far as may be, apply as if theassessments were made under this Act, in the first instance.

1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).

2. Subs. by s. 4, ibid., for "wakfs" (w.e.f. 1-11-2013).

3. Subs. by s. 41, ibid., for "following purposes" (w.e.f. 1-11-2013).

4. Subs. by s. 41, ibid., for "ten per cent." (w.e.f. 1-11-2013).

5. Ins. by Act 27 of 2013, s. 41 (w.e.f. 1-11-2013).

6. Subs. by s. 4, ibid., for "wakf" (w.e.f. 1-11-2013).

7. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).

(1) Notwithstanding anything contained in any other law for the time being in force, theChief Executive Officer, if he is satisfied that it is necessary and expedient so to do, make an orderdirecting any bank in which, or any person with whom any money belonging to a 1[waqf] is deposited, topay the contribution, leviable under section 72, out of such money, as may be standing to the credit of the1[waqf] in such bank or may be deposited with such person, or out of the moneys which may, from timeto time, be received by bank or other person for or on behalf of the 1[waqf] by way of deposit, and onreceipt of such orders, the bank or the other person, as the case may be, shall, when no appeal has beenpreferred under sub-section (3), comply with such orders, or where an appeal has been preferredunder sub-section (3), shall comply, with the orders made by the Tribunal on such appeal.

(2) Every payment made by a bank or other person in pursuance of any order made undersub-section (1), shall operate as a full discharge of the liability of such bank or other person in relation tothe sum so paid.

(3) Any bank or other person who is ordered under sub-section (1) to make any payment may, withinthirty days from the date of the order, prefer an appeal against such order to the Tribunal and the decisionof the Tribunal on such appeal shall be final.

(4) Every officer of the bank or other person who fails, without any reasonable excuse, to complywith the order made under sub-section (1) or, as the case may be, under sub-section (3), shall bepunishable with imprisonment for a term which may extend to six months or with fine which may extendto eight thousand rupees, or with both.

1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).

74. Deduction of contribution from perpetual annuity payable to the 1[waqf].(1) Everyauthority empowered to disburse any perpetual annuity payable to a 1[waqf] under any law relating to theabolition of zamindars or jagirs, or laying down land ceilings, shall, on receipt of a certificate from theChief Executive Officer, specifying the amount of contribution payable by the 1under section 72 which remains unpaid, deduct before making payment of the perpetual annuity to the2[waqf], the amount specified in such certificate and remit the amount so deducted to the Chief ExecutiveOfficer.

(2) Every amount remitted under sub-section (1) to the Chief Executive Officer shall be deemed to bea payment made by the 2[waqf] and shall, to the extent of the amount so remitted, operate as a fulldischarge of the liability of such authority with regard to the payment of the perpetual annuity.

1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).

2. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).

(1) 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 onsuch 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 respectthereof, according to the terms and conditions of the loan.

(1) No mutawalli, ExecutiveOfficer or other person in charge of the administration of a1[waqf] shall lend any money belonging to the1[waqf] or any 1[waqf] property or borrow any money for the purposes of the1[waqf] except with theprevious sanction of the Board:

Provided that no such sanction is necessary if there is an express provision in the deed of 1[waqf] forsuch borrowing or lending, as the case may be.

(2) The Board may, while according sanction, specify any terms and conditions subject to which theperson referred to in sub-section (1) is authorised by him to lend or borrow any money or lend any other1[waqf] property.

(3) Where any money is lent or borrowed, or other 1[waqf] property is lent in contravention of theprovisions 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 withinterest due thereon, from the personal funds of the person by whom such amount was lent orborrowed;

(b) to recover the possession of the 1[waqf] property lent in contravention of the provisions of thisAct, from the person to whom it was lent, or from persons who claim title to such property throughthe person to whom such property was lent.

1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).

77. 1[Waqf] Fund.(1) All moneys received or realised by the Board under this Act and all othermoneys received as donations, benefactions or grants by the Board shall form a fund to be called the1[Waqf] Fund.

(2) All moneys received by the Board, as donations, benefactions and grants shall be deposited andaccounted for under a separate sub-head.

(3) Subject to any rules that may be made by the State Government in this behalf, the 1[Waqf] Fundshall be under the control of the Board, so, however, that the 1[Waqf] Fund under the control of common1[Waqf] Board shall be subject to rules, if any, made in this behalf by the Central Government.

(4) The 1[Waqf] Fund shall be applied to--

(a) repayment of any loan incurred under section 75 and payment of interest thereon;

(b) payment of the cost of audit of the 1[Waqf] Fund and the accounts of 2[auqaf];

(c) payment of the salary and allowances to the officers and staff of the Board;

(d) payment of traveling allowances to the Chairperson, members, of the Board;

(e) payment of all expenses incurred by the Board in the performance of the duties imposed, andthe exercise of the powers conferred, by or under this Act;

(f) payment of all expenses incurred by the Board for the discharge of any obligation imposed onit by or under any law for the time being in force.

3[(g) payment of maintenance to Muslim women as ordered by a court of competent jurisdictionunder the provisions of the Muslim Women (Protection of Rights on Divorce) Act, 1986(25 of 1986).]

(5) If any balance remains after meeting the expenditure referred to in sub-section (4), the Board mayuse any portion of such balance for the preservation and protection of 4[waqf] properties or for such otherpurposes as it may deem fit.

1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).

2. Subs. by s. 4, ibid., for "wakfs" (w.e.f. 1-11-2013).

3. Ins. by Act 27 of 2013, s. 42 (w.e.f. 1-11-2013).

4. Subs. by s. 4, ibid., for "wakf" (w.e.f. 1-11-2013).

(1) The Board shall in every year prepare, in such form and at such time asmay be prescribed, a budget for the next financial year showing the estimated receipts and expenditureduring 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 (1), the State Government shallexamine the same and suggest such alterations, corrections or modifications to be made therein as it maythink 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 writtenrepresentations to that Government with regard to the alterations, corrections or modifications suggestedby 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 finaldecision in relation to the matter and the decision of the State Government shall be final.

(4) On receipt of the decision of the State Government under sub-section (3), the Board shallincorporate in its budget all the alterations, corrections, modifications finally suggested by the StateGovernment and the budget as so altered, corrected or modified, shall be the budget which shall be passedby the Board.

The Board shall cause to be maintained such books of account and otherbooks in relation to its accounts in such form and in such manner as may be provided by regulations.

(1) The accounts of the Board shall be audited and examinedannually 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 1[waqf] under the direct management of theBoard have been kept separately and whether such accounts have been audited annually by the StateExaminer of Local Funds and shall also specify all cases of irregular, illegal or improper expenditure or offailure to recover money or other property caused by neglect or misconduct and any other matter whichthe 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 everysuch case certify the amount of such expenditure or loss as due from such person.

(3) The cost of the audit shall be paid from the 1[Waqf] Fund.

1. Subs. by s. 4, ibid., for "wakf" (w.e.f. 1-11-2013).

The State Government shall examinethe auditor's report and may call for the explanation of any person in regard to any matter mentionedtherein, and shall pass such orders on the report as it thinks fit ¹[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 thirtydays of laying of such report before each House of the State Legislature where it consists of two Housesor where such Legislatures consist of one House, before that House].

1 Subs. by s. 43, ibid., for "as it thinks fit" (w.e.f. 1-11-2013).

(1) Every sum certified to be duefrom any person by an auditor in his report under section 80, be paid by such person within sixty daysafter service of a demand notice by the Board.

(2) If such payment is not made in accordance with the provisions of sub-section (1), the sum payablemay, on a certificate issued by the Board, after giving the person concerned an opportunity of beingheard, be recovered as an arrear of land revenue.

¹[(1) The State Government shall, by notification in the OfficialGazette, constitute as many Tribunals as it may think fit, for the determination of any dispute, question orother matter relating to a waqf or waqf property, eviction of a tenant or determination of rights andobligations of the lessor and the lessee of such property, under this Act and define the local limits andjurisdiction of such Tribunals.]

(2) Any mutawalli person interested in a ²[waqf] or any other person aggrieved by an order madeunder this Act, or rules made thereunder, may make an application within the time specified in this Act orwhere no such time has been specified, within such time as may be prescribed, to the Tribunal for thedetermination of any dispute, question or other matter relating to the ²[waqf].

(3) Where any application made under sub-section (1) relates to any ²[waqf] property which fallswithin the territorial limits of the jurisdiction of two or more Tribunals, such application may be made tothe Tribunal within the local limits of whose jurisdiction the mutawalli or any one of the mutawallis ofthe ²[waqf] actually and voluntarily resides, carries on business or personally works for gain, and, whereany such application is made to the Tribunal aforesaid, the other Tribunal or Tribunals having jurisdictionshall not entertain any application for the determination of such dispute, question or other matter:

Provided that the State Government may, if it is of opinion that it is expedient in the interest of the²[waqf] or any other person interested in the ²[waqf] or the ²[waqf] property to transfer such applicationto any other Tribunal having jurisdiction for the determination of the dispute, question or other matterrelating to such ²[waqf] or ²[waqf] property, transfer such application to any other Tribunal havingjurisdiction, and, on such transfer, the Tribunal to which the application is so transferred shall deal withthe application from the stage which was reached before the Tribunal from which the application has beenso transferred, except where the Tribunal is of opinion that it is necessary in the interest of justice to dealwith the application afresh.

³[(4) Every Tribunal shall consist of--

(a) one person, who shall be a member of the State Judicial Service holding a rank, not below thatof a District, Sessions or Civil Judge, Class I, who shall be the Chairman;

(b) one person, who shall be an officer from the State Civil Services equivalent in rank to that ofthe Additional District Magistrate, Member;

(c) one person having knowledge of Muslim law and jurisprudence, Member;

and the appointment of every such person shall be made either by name or by designation.

(4A) The terms and conditions of appointment including the salaries and allowances payable to theChairman and other members other than persons appointed as ex officio members shall be such as may beprescribed.]

(5) The Tribunal shall be deemed to be a civil court and shall have the same powers as may beexercised by a civil court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit, orexecuting a decree or order.

(6) Notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908), theTribunal shall follow such procedure as may be prescribed.

(7) The decision of the Tribunal shall be final and binding upon the parties to the application and itshall have the force of a decree made by a civil court.

(8) The execution of any decision of the Tribunal shall be made by the civil court to which suchdecision is sent for execution in accordance with the provisions of the Code of Civil Procedure, 1908(5 of 1908).

(9) No appeal shall lie against any decision or order whether interim or otherwise, given or made bythe Tribunal:

Provided that a High Court may, on its own motion or on the application of the Board or any personaggrieved, call for and examine the records relating to any dispute, question or other matter which hasbeen determined by the Tribunal for the purpose of satisfying itself as to the correctness, legality orpropriety of such determination and may confirm, reverse or modify such determination or pass suchother order as it may think fit.

1 Subs. by Act 27 of 2013, s. 44, for sub-section (1) (w.e.f. 1-11-2013).

2. Subs. by s. 4, ibid., for "wakf" (w.e.f. 1-11-2013).

3. Subs. by s. 44, ibid., for sub-section (4) (w.e.f. 1-11-2013).

Whenever an application is made to a Tribunal for the determination of any dispute, questionor other matter relating to a 1[waqf] or 1[waqf] property it shall hold its proceedings as expeditiously aspossible and shall as soon as practicable, on the conclusion of the hearing of such matter give its decisionin writing and furnish a copy of such decision to each of the parties to the dispute.

1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).

No suit or other legal proceeding shall lie in any2[civil court, revenue court and any other authority] in respect of any dispute, question or other matterrelating to any 1[waqf],1[waqf] property or other matter which is required by or under this Act to bedetermined by a Tribunal.

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" (1) (w.e.f. 1-11-2013).

Notwithstanding anything contained in the Codeof Civil Procedure, 1908 (5 of 1908), or in any other law for the time being in force, where any suit orother 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 ¹[waqf] property, in execution ofa decree or order of a civil court;

(ii) to set aside the transfer of any immovable property, which is ¹[waqf] property, made bythe mutawalli thereof, whether for valuable consideration or not, without or otherwise than inaccordance with, the sanction of the Board;

(iii) to recover possession of the property referred to in clause (a) or clause (b) or to restorepossession of such property to the mutawalli of the concerned ¹[waqf]; or

(b) by a mutawalli to recover possession of immovable property, which is ¹[waqf] property,which has been transferred by a previous mutawalli ²[or by any other person], whether for valuableconsideration or not, without otherwise than in accordance with the sanction of the Board, and whichis in the possession of the defendant,

the court may, on the application of the plaintiff, appoint a receiver of such property and direct suchreceiver to pay from time to time to the plaintiff, out of the income of the property, such amount as thecourt may consider to be necessary for further prosecution of the suit.

141. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).

143. Ins. by s. 46, ibid. (w.e.f. 1-11-2013).

[Bar to the enforcement of right on behalf of unregistered wakfs.] Omitted by the Wakf(Amendment) Act, 2013 (27 of 2013), s. 47 (w.e.f. 1-11-2013).

Save as otherwise expressly provided inthis Act, no notification or order or decision made, proceeding or action taken, by the CentralGovernment or the State Government under this Act or any rule made thereunder shall be questioned inany Civil Court.

No suit shall be instituted against the Board inrespect 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 ofthe Board, stating the cause of action, the name, description and place of residence of the plaintiff and therelief which he claims; and the plaint shall contain a statement that such notice has been so delivered orleft.

(1) In every suit or proceeding relating to a title to or possessionof a ¹waqf property or the right of a mutawalli or beneficiary, the court or Tribunal shall issue notice tothe Board at the cost of the party instituting such suit or proceeding.

(2) Whenever any ¹[waqf] property is notified for sale in execution of a decree of a civil court or forthe recovery of any revenue, cess, rates of taxes due to the Government or any local authority, notice shallbe 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 (1), any decree or order passed in the suit orproceeding shall be declared void, if the Board, within ²[six month] of its coming to know of such suit orproceeding, 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 coming to know of the sale, applies in this behalf to the court or other authorityunder whose order the sale was held.

1 Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).

2. Subs. by s. 48, ibid., for "one month" (w.e.f. 1-11-2013).

(1) If, in the course of proceedings under the LandAcquisition Act, 1894 or under any law for the time being in force relating to the acquisition of land orother property, 2[and before an award is made, in case the property] under acquisition is 1[waqf] property,a notice of such acquisition shall be served by Collector on the Board and further proceedings shall bestayed to enable the Board to appear and plead as a party to the proceeding at any time within threemonths from the date of the receipt of such notice.

Explanation.--The reference to the Collector in the foregoing provisions of this sub-section shall, inrelation to any other law referred to therein, be construed, if the Collector is not the competent authorityunder such other law to make an award of the compensation or other amount payable for acquisition ofland or other property thereunder, as a reference to the authority under such other law competent to makesuch award.

(2) Where the Board has reason to believe that any property under acquisition is 1[waqf] property, itmay at any time before the award is made appear and plead as a party to the proceeding.

(3) When the Board has appeared under the provisions of sub-section (1) or sub-section (2), no ordershall be passed under section 31 or section 32 of the Land Acquisition Act, 1894 or under thecorresponding provisions of the other law referred to in sub-section (1) without giving an opportunity tothe Board to be heard.

(4) Any order passed under section 31 or section 32 of the Land Acquisition Act, 1894 or under thecorresponding provisions of the other law referred to in sub-section (1) without giving an opportunity tothe Board to be heard, shall be declared void if the Board, within one month of its coming to know of theorder, applies in this behalf to the authority which made the order.

1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).

2. Subs. by s. 49, ibid., for "it appears to the Collector before an award is made that any property" (w.e.f. 1-11-2013).

In any suit or proceeding in respect of a 1[waqf] orany 1[waqf] property the Board may appear and plead as a party to the suit or proceeding.

1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).

No suit or proceeding in any court byor against the mutawalli of a 1[waqf] relating to title to 1[waqf] property or the rights of the mutawallishall be compromised without the sanction of the Board.

1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013)

(1) Where a mutawalli is under an obligation to perform any act which is recognised by Muslimlaw as pious, religious or charitable and the mutawalli fails to perform such act, the Board may apply tothe Tribunal for an order directing the mutawalli to pay to the Board or to any person authorised by theBoard 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 the1[waqf] and the mutawalli wilfully fails to discharge such duties, the Board or any person interested in the1[waqf] may make an application to the Tribunal and the Tribunal may pass such order thereon as it thinksfit.

1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).

Where,under this Act any period has been specified for the filing of any appeal, the appellate authority may, if itis satisfied that the appellant was prevented by sufficient cause from preferring the appeal within theperiod so specified, entertain the appeal after the expiry of the said period.

6. Power of Central Government to regulate secular activities of 1[auqaf].(1) For the purposeof regulating the secular activities of 1[auqaf], the Central Government shall have the following powersand functions, namely:--

(a) to lay down general principles and policies of 2[waqf] administration in so far as they relate tothe secular activities of the 1[auqaf];

(b) to co-ordinate the functions of the Central 2[Waqf] Council and the Board, in so far as theyrelate to their secular functions;

(c) to review administration of the secular activities of 1[auqaf] generally and to suggestimprovements, if any.

(2) In exercising its powers and functions under sub-section (1), the Central Government may call forany periodic or other reports from any Board and may issue to the Board such directions as it may thinkfit and the Board shall comply with such directions.

Explanation.--For the purposes of this section "secular activities" shall include social, economic,educational and other welfare activities

1. Subs. by Act 27 of 2013, s. 4, for "wakfs" (w.e.f. 1-11-2013).

2. Subs. by s. 4, ibid., for "wakf" (w.e.f. 1-11-2013).

Subject to any directions issued by the Central Governmentunder section 96, the State Government may, from time to time, give to the Board such general or specialdirections as the State Government thinks fit and in the performance of its functions, the Board shallcomply with such directions:

1[Provided that the State Government shall not issue any direction being contrary to any waqf deed orany usage; practice or custom of the waqf.]

1. Ins. by s. 50, ibid. (w.e.f. 1-11-2013).

As soon as may be after the close of a financial year, theState Government shall cause a general annual report on the working and administration of the State2[Waqf] Board and the Administration of1[auqaf] in the State during that year to be prepared and laidbefore each House of the State Legislature where it consists of two Houses, or where such legislatureconsists of one House, before that House, and every such report shall be in such form and shall containsuch matters as may be provided by regulations.

1. Subs. by Act 27 of 2013, s. 4, for "wakfs" (w.e.f. 1-11-2013).

2. Subs. by s. 4, ibid., for "wakf" (w.e.f. 1-11-2013).

(1) If the State Government is of opinion that the Board is unableto perform or has persistently made default in the performance of, the duty imposed on it by or under thisAct or has exceeded or abused its powers, or has wilfully and without sufficient cause failed to complywith any direction issued by the Central Government under section 96 or the State Governmentunder section 97, or if the State Government is satisfied on consideration of any report submitted afterannual inspection, that the Board's continuance is likely to be injurious to the interests of the 1[auqaf] inthe State, the State Government may, by notification in the Official Gazette, supersede the Board for aperiod not exceeding six months:

Provided that before issuing a notification under this sub-section, the State Government shall give areasonable time to the Board to show cause why it should not be superseded and shall consider theexplanations and objections, if any, of the Board:

2[Provided further that the power of the State Government under this section shall not be exercisedunless there is a prima facie evidence of financial irregularity, misconduct or violation of the provisionsof this Act.]

(2) Upon the publication of a notification under sub-section (1) superseding the Board,--

(a) all the members of the Board shall, as from the date of supersession, vacate their offices assuch members;

(b) all the powers and duties which may, by or under the provisions of this Act, be exercised orperformed by or on behalf of the Board shall, during the period of supersession, be exercised andperformed by such person or persons as the State Government may direct; and

(c) all properties vested in the Board shall, during the period of supersession vest in the StateGovernment.

(3) On the expiration of the period of supersession specified in the notification issued undersub-section (1), the State Government may

3[(a) extend the period of supersession by another six months with reasons to be recorded inwriting and, the period of continuous supersession shall not exceed more than a year; or]

(b) reconstitute the Board in the manner provided in section 14.

1. Subs. by Act 27 of 2013, s. 4, for "wakfs" (w.e.f. 1-11-2013).

2. Ins. by s. 51, ibid. (w.e.f. 1-11-2013).

3. Subs. by Act 27 of 2013, s. 51, for clause (a) (w.e.f. 1-11-2013).

No suit or other legal proceeding shall lie againstthe board or Chief Executive Officer or Survey Commissioner or any other person duly appointed underthis Act in respect of anything which is in good faith done or intended to be done under this Act.

(1) The Survey Commissioner, members of the Board, every officer, every auditor of the Board and everyother person duly appointed to discharge any duties imposed on him by this Act or any rule or order madethereunder, shall be deemed to be public servants within the meaning of section 21 of the Indian PenalCode (45 of 1860).

(2) Every mutawalli of a 1[waqf], every member of managing committee, whether constituted by theBoard or under any deed of 1[waqf], every Executive Officer and every person holding any office in a2[waqf] shall also be deemed to be a public servant within the meaning of section 21 of the Indian PenalCode (45 of 1860).

1. Subs. by s. 4, ibid., for "wakf" (w.e.f. 1-11-2013).

2. Subs. by s. 52, ibid., for "after consulting the State Governments" (w.e.f. 1-11-2013).

(1) Where on account of thereorganisation of States under any law providing reorganisation of States, the whole or any part of a Statein respect of which a Board was, immediately before the day of such reorganisation, functioning has beentransferred on that day to another State and by reason of such transfer, it appears to the Government of aState in any part of which the Board is functioning that the Board should be dissolved or that it should bereconstituted as an Intra-State Board for the whole or any part of that State, the State Government mayframe a scheme or such dissolution or such reconstitution, including proposals regarding the transfer ofthe assets, rights and liabilities of the Board to any other Board or State Government and the transfer orre-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 (1), the Central Government may, 1[afterconsulting the Council and the State Governments] concerned, approve the scheme with or withoutmodifications and give effect to the scheme so approved by making such order as it thinks fit.

(3) An order under sub-section (2) may provide for all or any of the following matters, namely:--

(a) the dissolution of the Board;

(b) the reconstitution in any manner whatsoever of the Board including the establishment, wherenecessary, of a new Board;

(c) the area in respect of which the reconstituted Board or new Board shall function and operate;

(d) the transfer, in whole or in part, of the assets, rights and liabilities of the Board (including therights and liabilities under any contract made by it) to any other Board or State Government and theterms and conditions of such transfer;

(e) the substitution of any such transferee, for the Board, or the addition of any such transferee, asa party to any legal proceeding to which the Board is a party; and the transfer of any proceedingpending before the Board to any such transferee;

(f) the transfer or re-employment of any employee of the Board to or by, any such transferee andsubject to the provisions of law providing for the reorganisation of the concerned State, the terms andconditions of service applicable to such employees after such transfer or re-employment; and

(g) such incidental, consequential and supplemental matters as may be necessary to give effect tothe approved scheme.

(4) Where an order is made under this section transferring the assets, rights and liabilities of theBoard, then, by virtue of that order, such assets, rights and liabilities of the Board shall vest in, and be theassets, rights and liabilities of, the transferee.

(5) Every order made under this section shall be published in the Official Gazette.

(6) Every order made under this section shall be laid before each House of Parliament, as soon as maybe, after it is made.

1. Ins. by s. 54, ibid. (w.e.f. 1-11-2013).

(1) Where on account ofthe territorial changes brought about by any law providing for the reorganisation of any State, this Act isas from the date on which that law comes into force applicable only to any part or parts of a State but hasnot been brought into force in the remaining part thereof, then notwithstanding anything contained in thisAct, it shall be lawful for the Government of the State to establish one or more Boards for such part orparts in which this Act is in force and in such a case any reference in this Act to the word "State" inrelation of a Board shall be construed as a reference to that part of the State for which the Board isestablished.

(2) Where any such Board has been established and it appears to the Government of the State, that aBoard should be established for the whole of the State, the State Government may, by order notified in theOfficial Gazette dissolve the Board established for the part of the State or reconstitute and reorganise,such Board or establish a new Board for the whole of the State and thereupon, the assets, rights andliabilities of the Board for the part of the State shall vest in and be the assets, rights and liabilities of thereconstituted Board or the new Board, as the case may be.

104. Application of Act to properties given or donated by persons not professing Islam forsupport of certain 1[waqf].Notwithstanding anything contained in this Act where any movable orimmovable property has been given or donated by any person not professing Islam for the support of a1[waqf] being--

(a) a mosque, idgah, imambara, dargah, khangah or a maqbara;

(b) a Muslim graveyard;

(c) a choultry or a musafirkhana,

then such property shall be deemed to be comprised in that ¹⁵⁴[waqf] and be dealt in the same manner as the1[waqf] in which it is so comprised.

1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).

1[104A. Prohibition of sale, gift, exchange, mortgage or transfer of waqfproperty.(1) Notwithstanding anything contained in this Act or any other law for the time being inforce or any waqf deed, no person shall sell, gift, exchange, mortgage or transfer any movable orimmovable property which is a waqf property to any other person.

(2) Any sale, gift, exchange, mortgage or transfer of property referred to in sub-section (1) shall bevoid ab initio.]

1. Ins. by s. 53, ibid. (w.e.f. 1-11-2013).

1[104B. Restoration of waqf properties in occupation of Government agencies to waqf Board.(1) If any waqf property has been occupied by the Government agencies it shall be returned to the Boardor the mutawalli within a period of six months from the date of the order of the Tribunal.

(2) The Government agency may, if the property is required for a public purpose, make an applicationfor determination of the rent, or as the case may be, the compensation, by the Tribunal at the prevailingmarket value.]

1. Ins. by s. 54, ibid. (w.e.f. 1-11-2013).

Notwithstanding anything contained in any law for the time being in force, it shall be lawfulfor the Board or the Chief Executive Officer to require any person having the custody of any record,register, report or other document relating to a 1[waqf] or any immovable property, which is 1[waqf]property, to furnish, subject to the payment of necessary costs, copies of, or extracts from, any suchrecord, register, report or document and every person to whom such a requisition is made, shall furnish, assoon as may be practicable, to the Board or Chief Executive Officer, copies or extracts from the requiredrecord, register, report or other document.

1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).

(1) Where the CentralGovernment is satisfied that by reasons of--

(i) the smallness of the Muslim population in two or more States,

(ii) the slender resources of the 2[Auqaf] in such States, and

(iii) the disproportion between the number and income of the 2[auqaf] and the Muslim populationin such States,

it is expedient in the interests of the 2[auqaf] in the States and the Muslim population of such States, tohave, instead of separate Boards for each of such States, a common Board, it may,3[after consultationwith the Council and the Government] of each of the concerned States, establish, by notification in theOfficial Gazette, a common Board for such States as it may deem fit, and may, by the same or anysubsequent notification specify the place at which the principal office of such common Board shall belocated.

(2) Every common Board established under sub-section (1) shall, as far as practicable, consist of thepersons specified in sub-section (1) or, as the case may be, sub-section (7) of section 14.

(3) Whenever any common Board is established under sub-section (1)--

(a) all powers vested in the State Government under any deed of 1[waqf] or any provision of lawfor the time being in force relating to 2[auqaf], shall stand transferred to, and vested in, the CentralGovernment and, thereupon, references in such deed of ¹⁵⁷[waqf] or law to the State Governments shallbe construed as references to the Central Government:

Provided that while establishing a common Board for two or more States, the CentralGovernment shall ensure, that at least one representative of each of the concerned States is includedas a member of the Board;

(b) references in this Act to a State shall be construed as references to each of the States for whichthe common Board has been established;

(c) the Central Government may, without prejudice to any rule applicable to a Board in a State,may, by notification in the Official Gazette, rules regulating the conduct of business by, and affairsof, the common Board.

(4) The common Board shall be a body corporate, with objects not confined to one State, havingperpetual succession and a common seal with power to acquire and hold property and to transfer any suchproperty, subject to such conditions and restrictions as may be specified by the Central Government, andshall by the said name sue or be sued.

1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).

2. Subs. by s. 4, ibid., for "wakfs" (w.e.f. 1-11-2013).

3. Subs. by s. 55, ibid., for "after consultation with the Government" (w.e.f. 1-11-2013).

107. Act 36 of 1963 not to apply for recovery of 1[waqf] properties.u2014Nothing contained in theLimitation Act, 1963 shall apply to any suit for possession of immovable property comprised in any1[waqf] or for possession of any interest in such property.

1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).

108. Special provision as to evacuee 1[waqf] properties.The provisions of this Act shall apply,and shall be deemed always to have applied, in relation to any evacuee property within the meaning ofclause (f) of section 2 of the Administration of Evacuee Property Act, 1950 (31 of 1950) whichimmediately before it became such evacuee property within the said meaning was property comprised inany 1[waqf] and, in particular any entrustment (whether by transfer of any documents or in any othermanner and whether generally or for specified purpose) of any such property to a Board made before thecommencement of this Act in pursuance of the instructions of the Custodian under the Administration ofEvacuee Property Act, 1950 shall have, and shall be deemed always to have had, notwithstandinganything contained in any other provision of this Act, effect as if such entrustment had operated to--

(a) vest such property in such Board in the same manner and with the same effect as in a trusteeof such property for the purposes of sub-section (1) of section 11 of the Administration of Evacuee ofProperty Act, 1950 (31 of 1950), with effect from the date of such entrustment, and

(b) authorise such Board to assume direct management of the 1[waqf] concerned for so long as itmight deem necessary.

1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).

1[108A. Act to have overriding effect.The provisions of this Act shall have overriding effectnotwithstanding anything inconsistent therewith contained in any other law for the time being in force orin any instrument having effect by virtue of any law other than this Act.]

1. Ins. by s. 56, ibid. (w.e.f. 1-11-2013).

(1) 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 mayprovide for all or any of the following matters, namely:--

1[(i) the qualifications required to be fulfilled by a person to be appointed as a mutawalli underclause (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 2[Auqaf] published under sub-section (2) of section 5, maycontain;

(iv) the manner of election of members of the Board by means of a single transferable vote,3[under sub-section (1) of ] sub-section (2) of section 14;

(v) the terms and conditions of service of the Chief Executive Officer under sub-section (2) ofsection 23;

(vi) the conditions and restrictions subject to which the Chief Executive Officer or any otherofficer may inspect any public office, records or registers under section 29;

4[(via) the period within which the mutawalli or any other person may produce documents relatedto waqf properties under sub-section (2) of section 31;

(vib) the conditions under which an agency of the Government or any other organisation maysupply copies of records, registers and other documents under sub-section (3) of section 31;]

(vii) the conditions subject to which an Executive Officer and supporting staff may be appointedunder sub-section (1) of section 38;

(viii) the manner in which an inquiry may be held by the Chief Executive Officer undersub-section (1) of section 39;

(ix) the form in which, and the time within which, a separate budget for 5[Auqaf] under the directmanagement of the Board shall be prepared under sub-section (1) of section 45;

(x) the interval at which accounts of 5[Auqaf] may be audited in pursuance of the provisions ofsub-section (1) of section 47;

6

(xii) the guidance subject to which the Collector shall recover the property transferred incontravention of the provisions of this Act, under section 52;

(xiii) the manner of service of notice issued under sub-section (1) of section 54 and the manner inwhich any inquiry is to be made under sub-section (3) of that section;

(xiv) the manner in which any inquiry may be held under section 64 or section 71;

(xv) the other matters which may be specified in the report submitted under sub-section (3) ofsection 65;

(xvi) the manner of publication of order made under sub-section (2) of section 67;

(xvii) the manner in which consultation may be made with mutawalli under sub-section (1) ofsection 69;

(xviii) the manner of publication of order made under sub-section (3) of section 69;

(xix) the rate at which contribution is to be made by a mutawalli under section 72;

(xx) the payment of moneys into the 7[Waqf] Fund, the investment, the custody and disbursementof such moneys under section 77;

(xxi) the form in which, and the time within which, the budget of the Board may be prepared andsubmitted under section 78;

(xxii) the time within which application is to be made to the Tribunal under sub-section (2) ofsection 83;

8[(xxiia) the terms and conditions of appointment including the salaries and allowances payable tothe Chairman and other members other than persons appointed as ex officio members undersub-section (4A) of section 83;]

(xxiii) the procedure which the Tribunal shall follow under sub-section (6) of section 83;

(xxiv) the form in which the annual report is to be submitted and the matters which such reportshall contain under section 98; and

(xxv) any other matter which is required to be, or may be, prescribed.

1. Subs. by s. 57, ibid., for clause (i) (w.e.f. 1-11-2013).

2. Subs. by s. 4, ibid., for "wakfs" (w.e.f. 1-11-2013).

3. Subs. by s. 57, ibid., for "under" (w.e.f. 1-11-2013).

4. Ins. by s. 57, ibid. (w.e.f. 1-11-2013).

5. Subs. by Act 27 of 2013, s. 4, for "wakfs" (w.e.f. 1-11-2013).

6. Cl. (xi) omitted by s. 57, ibid. (w.e.f. 1-11-2013).

7. Subs. by s. 4, ibid., for "wakf" (w.e.f. 1-11-2013).

8. Ins. by s. 57, ibid. (w.e.f. 1-11-2013).

(1) The Board may, with previous sanction of theState Government, make regulations not inconsistent with this Act or the rules made thereunder, forcarrying out its functions under this Act.

(2) In particular, and without prejudice to the generality of the foregoing powers, such regulationsmay provide for all or any of the following matters, namely--

(a) the time and places of the meetings of the Board under sub-section (1) 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 fortransaction 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 ofcommittees;

(e) the terms and conditions of service of the officers and other employees of the Boardunder sub-section (2) of section 24;

(f) the forms of application for registration of 1[Auqaf] further particulars to be contained thereinand the manner and place of registration of 1[Auqaf] under sub-section (3) of section 36;

(g) further particulars to be contained in the register of 1[Auqaf] under Section 37;

(h) the form in which, and the time within which, the budgets of 1[Auqaf] may be prepared andsubmitted by the Mutawalli and approved by the Board under sub-section (1) of section 44;

(i) the books of accounts and other books to be maintained by the Board under section 79;

(j) fees payable for inspection of proceedings and records of the Board or for issue of copies ofthe same;

(k) persons by whom any order or decision of the Board may be authenticated; and

(l) any other matter which has to be, or may be, provided by regulations.

(3) All regulations made under this section shall be published in the Official Gazette and shall haveeffect from the date of such publication.

1. Subs. by Act 27 of 2013, s. 4, for "wakfs" (w.e.f. 1-11-2013).

Every rule made under section109 and every regulation made under section 110 shall be laid, as soon as may be after it is made, beforethe State Legislature.

(1) 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 bedeemed 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, andsubject thereto, anything done or any action taken in the exercise of any power conferred by or under thecorresponding law shall be deemed to have been done or taken in the exercise of the powers conferred byor under this Act as if this Act was in force on the day on which such things were done or action wastaken.

(1) If any difficulty arises in giving effect to the provisions ofthis Act, the Central Government may, by order, not inconsistent with the provisions of this Act, removethe difficulty:

Provided that no such order shall be made after the expiry of the period of two years from thecommencement of this Act.

(2) However, order made under this section shall be laid, as soon as may be after it is made, beforeeach House of Parliament.