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THE WAKF ACT, 1954

Title : THE WAKF ACT, 1954

Year : 1954



1*[(1) The Central Government may issue such directions, as it may think fit, on questions of policy to be followed by a Board and for issuing such directions it may call for any periodic or other report or information from any Board through the Government of the State concerned.]

(2) In the performance of its functions under this Act, the Board shall be guided by the directions issued under sub-section (1).

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1 Subs. by Act 34 of 1964, s. 20 for sub-section (1).

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Subject to any directions on questions of policy issued under section 62, the State Government may, from time to time, give to the Board such general or special directions as the State Government thinks fit and in the performance of its functions, the Board shall comply with any such directions.



(1) If the State Government is of opinion that the Board is unable to perform, or has persistently made default in the performance of, the duty imposed on it by or under this Act or has exceeded or abused its powers, the State Government may, by notification in the Official Gazette, supersede the Board for such period as may be specified in the notification:

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this sub- section, the State Government shall give a reasonable time to the Board to show cause why it should not be superseded and shall consider the explanations and objections, if any, of the Board.

(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 super session, vacate their offices as such members;

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

(c) All property vested in the Board shall, during the period of super session, vest in the State Government.

(3) On the expiration of the period of super session, specified in the notification issued under sub-section (1), the State Government may-

(a) Extend the period of super session for such further period as it may consider necessary; or

(b) Reconstitute the Board in the manner provided in section 10 and section 11.



No suit or other legal proceeding shall lie against the Board or the Commissioner or any other person duly appointed under this 126 Act in respect of anything which is in good faith done or intended to be done under this Act.



The Commissioner, every auditor, every officer and servant of the Board and every other person duly appointed to discharge any duties imposed on him by this Act or rules or orders made there under shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.

66A. 1*[Special provision for reorganisation of certain Boards.

(1) Where on account of the reorganisation of States under the States Reorganisation Act, 1956, (37 of 1956.) the whole or any part of a State in respect of which a Board was, immediately before the 1st day of November, 1956, functioning has been transferred on that day to another State and by reason of such transfer, it appears to the Government of a State in any part of which the Board is functioning that the Board should be dissolved or that it should be reconstituted and reorganised as an intra State Board for the whole or any part of that State, the State Government may frame a scheme for such dissolution or such reconstitution and reorganisation, as the case may be, including proposals regarding the transfer of the assets, rights and liabilities of the Board to any other Board or State Government and the transfer or re-employment of employees of the Board and forward the scheme to the Central Government.

(2) On receipt of a scheme forwarded to it under sub-section (1), the Central Government may, after consulting the State Governments concerned, approve the scheme with or without modifications 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 and reorganisation in any manner what-soever of the Board including the establishment, where necessary, 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 the rights and liabilities under any contract made by it) to any other Board or State Government and the terms and conditions of such transfer;

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

(f) The transfer or re-employment of any employees of the Board to, or by, any such transferee and subject to the provisions of section 111 of the States Reorganisation Act, 1956, (37 of 1956.) the terms and conditions of service applicable to such employees after such transfer or re-employment;

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

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

(5) Every order made under this section shall be published in the Official Gazette and this Act and the notifications issued there under shall have effect subject to the provisions of the order.

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

66B. Special provision for establishment of Board for part of a State.

(1) Where on account of the territorial changes brought about by the States Reorganisation Act, 1956, (37 of 1956.) this Act is, as from the 1st day of November, 1956, applicable only to any part or parts of a State but has not been brought into force in the remaining part thereof, then, notwithstanding anything contained in this Act, it shall be lawful for the Government of the State to establish one or more Boards for such part or parts in which this Act is in force and in such a case, any reference in this Act to the word "State" in relation to a Board shall be construed as a reference to that part of the State for which the Board is established.

(2) Where any such Board has been established and it appears to the Government of the State that a Board should be established for the whole of the State, the State Government may, by order notified in the Official Gazette, dissolve the Board established 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 and liabilities of the Board for the part of the State shall vest in, and be the assets, rights and liabilities of the reconstituted Board or the new Board, as the case may be.] 126B

66C. 2*[Application of Act to properties given or donated by persons not professing Islam for support of certain wakfs.
 
Notwithstanding anything contained in this Act where any movable or immovable property has been given or donated by any person not professing Islam for the support of a wakf being-

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

(b) A Muslim graveyard;

(c) A choultry or a musafarkhana, then such property shall be deemed to be comprised in that wakf and be dealt with in the same manner as the wakf in which it is so comprised.]

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1. Ins. by Act 30 of 1959, s. 4.

2. Ins. by Act 34 of 1964, s. 21.

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(1) The State Government may, by notification in the Official Gazette, make rules to carry out the 1*[purposes of this Act other than those of Chapter IIA].

(2) In particular, and without prejudice to the generality of the foregoing power such rules may provide for all or any of the following matters, namely:-

(a) The particulars which a list of wakfs published under sub-section (2) of section 5 may contain;

(b) The conditions and restrictions subject to which the Board may transfer any property;

(c) The regulation of the functions of the Board;

(d) The terms and conditions of service of the Secretary of the Board;

(e) The manner in which any inquiry may be held under this Act;

(f) The powers vested in a civil court which may be exercised by the Board or the Commissioner or any other person while holding an inquiry under this Act;

(g) The form in which a register of wakfs may be maintained and the further particulars which it may contain;

(h) The form in which, and the time within which, the budget of the Board may be prepared and submitted by the Board 2*;

(i) The manner in which the accounts of the Wakf Fund may be kept and audited and the contents of the auditor's report;

(j) The payment of moneys into the Wakf Fund, the investment, custody and disbursement of such moneys;

(k) The circumstances under which, and the terms and conditions on which, the Board may be allowed to borrow;

(l) The circumstances in which, and the conditions subject to which, the Board may reduce or remit the contribution payable in respect of a wakf;

(m) The procedure to be followed in the recovery of any sum due under this Act as an arrear of land revenue;

(n) Any other matter which has to be, or may be, prescribed.

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1. Subs. by s. 22, ibid. for "purposes of this Act".

2. The words "and approved by the State Government" omitted by s. 22, ibid

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(1) The Board may, with the previous sanction of the State Government, make regulations not inconsistent with this Act or the rules made there under for carrying out its functions under this Act.

(2) In particular, and without prejudice to the generality of the foregoing powers, such regulations may provide for all or any of the following matters, namely:-

(a) The time and place of the meetings of the Board and the number of members required to form a quorum at its meetings;

(b) The procedure and conduct of business at the meetings of the Board;

(c) The constitution and functions of committees of the Board and the procedure for transaction of business at the meetings of such committees;

(d) The allowances or fees to be paid to the Chairman or members of the Board or members of committees;

(e) Terms and conditions of service of the officers, and servants of the Board;

(f) The form of application for registration of wakfs, further particulars to be contained therein and the manner and place of registration of wakfs;

(g) Further particulars to be contained in the register of wakfs;

(h) The books to be kept at the office of the Board;

(i) The form in which, and the time within which, the budgets of wakfs may be prepared and submitted by the mutawallis and approved by the Board; 128

(j) The manner in which the accounts of wakfs may be kept and audited and the contents of the auditor's report;

(k) The method of calculating the income of a wakf for the purpose of levying contributions under this Act;

(l) Fees payable for inspection of proceedings and records of the Board or for issue of copies of the same;

(m) Persons by whom any order or decision of the Board may be authenticated;

(n) Any other matter which has to be, or may be, prescribed.

(3) All regulations made under this section shall be published in the Official Gazette and the regulations shall have effect from the date of such publication.

68A. 1*[Laying of rules and regulations before State Legislature. Every rule made under section 67 and every regulation made under section 68 shall be laid, as soon as may be after it is made, before the State Legislature."]

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1. Ins. by Act 4 of 1986, s. 2 and Sch. (w.e.f. 15.5.1986).

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(1) The following enactments, namely;-

(1) The Bengal Charitable Endowments, Public Buildings and Escheats Regulation, 1810; (Ben. Reg. XIX of 1810.)

(2) 1* The Religious Endowments Act, 1863; (20 of 1863.)

(3) The Charitable Endowments Act, 1890; (6 of 1890.)

(4) The Charitable and Religious Trusts Act, 1920; (14 of 1920.)

(5) The Mussalman Wakf Act, 1923; (42 of 1923.) shall not apply to any wakf to which this Act applies.

(2) 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 2*[other than an enactment referred to in sub-section (1)] that corresponding law shall stand repealed:

Provided that such repeal shall not affect the previous operation of that corresponding law, and subject thereto, anything done or any action taken in the exercise of any power conferred by or under the corresponding law shall be deemed to have been done or taken in the exercise of the powers conferred by or under this Act as if this Act were in force on the day on which such things was done or action was taken.

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1 The words and figure "Section 5 of" omitted by Act 34 of 1964, s. 23.

2 Ins. by s. 24, ibid.

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If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the purposes of this Act, as appear to it to be necessary or expedient for removing the difficulty.

THE SCHEDULE

[See section 9 (1A)] LIST OF AMENDMENTS

1. In sub-section (2) of section 5, for the words "a list of wakfs", the words "a list of Sunni wakfs or, as the case may be, Shia wakfs" shall be substituted.

2. In section 11,-

(a) For clause (b), the following clause shall be substituted, namely:-
 
"(b) Persons having knowledge of Muslim law and representing, in the case of a Sunni Board of Wakf's, associations such as State Jamiat-ul- Ulama-i-Hind (whether such persons are Hanafi, Ahle-Hadis or Shefai) and in the case of a Shia Board of Wakfs, associations such as State Shia Conference;";

(b) The second proviso shall be omitted.

3. In clause (e) of sub-section (2) of section 15, the Explanation shall be omitted.

4. For section 27, the following section shall be substituted, namely:-

Decision if a property is wakf property. "27.

(1) The Board may itself collect information regarding any property which it has reason to believe to be wakf property and if any question arises whether a particular property is wakf property or not or whether a wakf is a Sunni wakf or a Shia wakf, it shall refer the question to a civil court of competent jurisdiction.

(2) The decision of the civil court on any question referred to it under sub-section (1) shall be final."]
Last updated on September, 2016

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