The Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995
Central Act · Act 43 of 1995122 provisions
The enactment
| Long title | An Act to provide for the better administration of Auqaf and for matters connected therewith or incidental thereto. |
|---|---|
| Type | Act |
| Citation | Act 43 of 1995 |
| Year | 1995 |
| Jurisdiction | Central |
| Ministry | Ministry of Minority Affairs |
| Status | In force as published by the source |
| Provisions published | 122 |
| Subjects | family |
Full text, provision by provision
Every provision below opens in full, free and without an account.
- Section 1 Short title, extent and commencement.
- Section 2 Application of the Act.
- Section 3 Definitions.
- Section 3A Certain conditions of waqf.
- Section 3B Filing of details of waqf on portal and database.
- Section 3C Wrongful declaration of waqf.
- Section 3D Declaration of protected monument or protected area as waqf to be void.
- Section 3E Bar of declaration of any land in Scheduled or Tribal area as waqf.
- Section 4 Survey of auqaf.
- Section 5 Publication of list of auqaf.
- Section 6 Disputes regarding auqaf.
- Section 7 Power of Tribunal to determine disputes regarding auqaf.
- Section 8 State Government to bear cost of survey.
- Section 9 Establishment and constitution of Central Waqf Council.
- Section 10 Finance of Council.
- Section 11 Accounts and audit.
- Section 12 Power of Central Government to make rules.
- Section 13 Incorporation.
- Section 14 Composition of Board.
- Section 15 Term of office.
- Section 16 Disqualification for being appointed, or for continuing as, a member of the Board.
- Section 17 Meetings of the Board.
- Section 18 Committees of the Board.
- Section 19 Resignation of Chairperson and members.
- Section 20 Removal of Chairperson and member.
- Section 21 Filling of a vacancy.
- Section 22 Vacancies, etc., not to invalidate proceedings of the Board.
- Section 23 Appointment of Chief Executive Officer and his term of office and other conditions of service.
- Section 24 Officers and other employees of the Board.
- Section 25 Duties and powers of Chief Executive Officer.
- Section 26 Powers of Chief Executive Officer in respect of orders or resolutions of Board.
- Section 27 Delegation of powers by Board.
- Section 28 Power of District Magistrate, Additional District Magistrate or Sub-Divisional Magistrate to implement the directions of the Board.
- Section 29 Powers of Chief Executive Officer to inspect records, registers, etc.
- Section 30 Inspection of records.
- Section 31 Prevention of disqualification for membership of Parliament.
- Section 32 Powers and functions of the Board.
- Section 33 Powers of inspection by Chief Executive Officer or persons authorised by him.
- Section 34 Recovery of the amount determined under section 33.
- Section 35 Conditional attachment by Tribunal.
- Section 36 Registration.
- Section 37 Register of auqaf.
- Section 38 Powers of Board to appoint Executive Officer.
- Section 39 Powers of Board in relation to auqaf which have ceased to exist.
- Section 40 Omitted.
- Section 41 Power to cause registration of waqf and to amend register.
- Section 42 Change in the management of auqaf to be notified.
- Section 43 Auqaf registered before the commencement of this Act deemed to be registered.
- Section 44 Budget.
- Section 45 Preparation of budget of auqaf under direct management of the Board.
- Section 46 Submission of Accounts of auqaf.
- Section 47 Audit of accounts of auqaf.
- Section 48 Board to pass orders on auditor's report.
- Section 49 Sums certified to be due recoverable as arrears of land revenue.
- Section 50 Duties of mutawalli.
- Section 50A Disqualification of mutawalli.
- Section 51 Alienation of waqf property without sanction of Board to be void.
- Section 52 Recovery of waqf property transferred in contravention of section 51.
- Section 52A Penalty for alienation of waqf property without sanction of Board.
- Section 53 Restriction on purchase of property on behalf of waqf.
- Section 54 Removal of encroachment from waqf property.
- Section 55 Enforcement of orders made under section 54.
- Section 55A Disposal of property left on waqf property by unauthorised occupants.
- Section 56 Restriction on power to grant lease of waqf property.
- Section 57 Mutawalli entitled to pay certain costs from income of waqf property.
- Section 58 Power of Board to pay dues in case of default by mutawalli.
- Section 59 Creation of reserve fund.
- Section 60 Extension of time.
- Section 61 Penalties.
- Section 62 Mutawalli not to spend any money belonging to waqf for self defence.
- Section 63 Power to appoint mutawallis in certain cases.
- Section 64 Removal of mutawalli.
- Section 65 Assumption of direct management of certain auqaf by the Board.
- Section 66 Powers of appointment and removal of mutawalli when to be exercised by the State Government.
- Section 67 Supervision and supersession of committee of management.
- Section 68 Duty of mutawalli or committee to deliver possession of records, etc.
- Section 69 Power of Board to frame scheme for administration of waqf.
- Section 70 Inquiry relating to administration of waqf.
- Section 71 Manner of holding inquiry.
- Section 72 Annual contribution payable to Board.
- Section 73 Power of Chief Executive Officer to direct banks or other person to make payments.
- Section 74 Deduction of contribution from perpetual annuity payable to the waqf.
- Section 75 Power of board to borrow.
- Section 76 Mutawalli not to lend or borrow moneys without sanction.
- Section 77 Waqf Fund.
- Section 78 Budget of Board.
- Section 79 Accounts of Board.
- Section 80 Audit of accounts of Board.
- Section 81 State Government to pass orders on auditor's report.
- Section 82 Dues of Board to be recovered as arrears of land revenue.
- Section 83 Constitution of Tribunals, etc.
- Section 84 Tribunal to hold proceedings expeditiously and to furnish to the parties copies of its decision.
- Section 85 Bar of jurisdiction of civil courts.
- Section 86 Appointment of a receiver in certain cases.
- Section 88 Bar to challenge of validity of any notification, etc.
- Section 89 Notice of suits by parties against Board.
- Section 90 Notice of suits, etc., by courts
- Section 91 Proceedings under the Act 1 of 1894.
- Section 92 Board to be party to suit or proceeding
- Section 93 Bar to compromise of suits by or against mutawalli
- Section 94 Power to make application to the Tribunal in case of failure of mutawalli to discharge his duties.
- Section 95 Power of appellate authority to entertain appeal after expiry of specified period.
- Section 96 Power of Central Government to regulate secular activities of auqaf.
- Section 97 Directions by State Government
- Section 98 Annual report by State Government.
- Section 99 Power to supersede Board
- Section 100 Protection of action taken in good faith.
- Section 101 Collector, members and officers of the Board, deemed to be public servants.
- Section 102 Special provision for reorganisation of certain Boards
- Section 103 Special provision for establishment of Board for part of a State.
- Section 104 Omitted.
- Section 104A Prohibition of sale, gift, exchange, mortgage or transfer of waqf property
- Section 104B Restoration of waqf properties in occupation of Government agencies to waqf Board.
- Section 105 Power of Board and Chief Executive Officer to require copies of documents, etc., to be furnished
- Section 106 Powers of Central Government to constitute common Boards
- Section 107 Application of Act 36 of 1963.
- Section 108B Power of Central Government to make rules.
- Section 109 Power to make rules
- Section 110 Powers to make regulations by the Board.
- Section 111 Laying of rules and regulations before State Legislature
- Section 112 Repeal and savings
- Section 113 Power to remove difficulties.
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