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THE WAKF ACT, 1995

Title : THE WAKF ACT, 1995

Year : 1995

[Act, No. 43 of 1995]
[22nd November, 1995]

PREAMBLE

An Act to provide for the better administration of 1*[auqaf] and for matters connected therewith or incidental thereto.

BE it enacted by Parliament in the Forty-sixth Year of the Republic of India as follows:-
 
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1. Substituted by the Wakf (Amendment) Act, 2013 (Act No. 27 of 2013) for the following : - "wakfs"

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(1) This Act may be called the 2*[Waqf] Act, 1995.

(2) It extends to the whole of India except the State of Jammu and Kashmir.

(3) It shall come into force in a State on such date1 as the Central Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different areas within a State and for 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 that provision in such State or area.

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1 . 1st January, 1996, 1996 vide S.O. 1007(E) dated 27th December, 1995.

2. Substituted by the Wakf (Amendment) Act, 2013 (Act No. 27 of 2013) for the following : - "Wakf"

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Save as otherwise expressly provided under this Act, this Act shall apply to 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 Durgah Khawaja Saheb Act, 1955 (36 of 1955) applies.
 
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1. Substituted by the Wakf (Amendment) Act, 2013 (Act No. 27 of 2013) for the following : - "wakfs"

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In this Act, unless the context otherwise requires.-

(a) "Beneficiary" means a person or object for whose benefit a 1*[Waqf] is created and includes religious, pious and charitable objects and any other objects of public utility sanctioned by the Muslim law;

(b) "Benefit" does not include any benefit which a mutawalli is entitled to claim solely by reason of 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 established under section 106;

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

(e) "Council" means the Central 1[Waqf] Council established under section 9;

4*[(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 licence has 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;

5*[(g) "List of auqaf" means the list of auqaf published under sub-section (2) of section 5 or contained 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 by which a 1*[Waqf] has been created, or by a competent authority, to be the mutawalli of a 1*[Waqf] and includes any person who is a mutawalli of a 1*[Waqf] by virtue of any custom or who is a naib-mutawalli, khadim, mujawaf, sajjadanashin, amin or other person appointed by a mutawalli to 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 any 1*[Waqf] or 1*[Waqf] property:

Provided
that no member of a committee or corporation shall be deemed to be a mutawalli unless such member is an office bearer of such committee or corporation;

4*[Provided further that the mutawalli shall be a citizen of India and shall fulfil such other qualifications as may be prescribed:

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

(j) "Net annual income", in relation to a 1*[Waqf], means net annual income determined in accordance with the provisions of the Explanations to sub-section (1) of section 72;

(k) "Person interested in a 1*[Waqf] means any person who is entitled to receive any pecuniary or other benefits from the 1*[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, 6[khanqah, peerkhana and karbala], maqbara, graveyard or any other religious institution connected with the 1[Waqf] or to participate in any religious or charitableinstitution under the 1[Waqf];

(ii) The 1[Waqf] and any descendant of the 3[waqif] and the mutawalli;

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

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

(n) "Shia 1*[Waqf] means a 1*[Waqf] governed by Shia law;

(o) "Sunni 1*[Waqf] means a 1*[Waqf] governed by Sunni law;

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

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

7*[(r) "Waqf" means the permanent dedication by any person, of any movable or immovable property for any purpose recognised by the Muslim law as pious, religious or charitable and includes-

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

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

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

(iv) A waqf-alal-aulad to the extent to which the property is dedicated for any purpose recognised by Muslim law as pious, religious or charitable, provided when the line of succession fails, the income of the waqf shall be spent for education, development, welfare and such other purposes as recognised by Muslim law,
and "waqif" means any person making such dedication;]

(s) "1*[Waqf] deed" means any deed or instrument by which a 1*[Waqf] has been created and includes any valid subsequent deed or instrument by which any of the terms of the original dedication have been varied;

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

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1. Substituted by the Wakf (Amendment) Act, 2013 (Act No. 27 of 2013) for the following :- "wakf"

2. Substituted by the Wakf (Amendment) Act, 2013 (Act No. 27 of 2013) for the following :- "wakfs"

3. Substituted by the Wakf (Amendment) Act, 2013 (Act No. 27 of 2013) for the following :- "wakif"

4. Inserted by the Wakf (Amendment) Act, 2013 (Act No. 27 of 2013).

5. Substituted by the Wakf (Amendment) Act, 2013 (Act No. 27 of 2013) for the following :-
"(g) "list of 2[auqaf]" means the list of 2[auqaf] published under sub-section (2) of section 5;"

6. Substituted by the Wakf (Amendment) Act, 2013 (Act No. 27 of 2013) for the following :- "worship" and "khangah"

7. Substituted by the Wakf (Amendment) Act, 2013 (Act No. 27 of 2013) for the following :-

(r) "1[Waqf] means the permanent dedication by a person professing Islam, of any movable or immovable property for any purpose recognised by the Muslim law as pious, religious or charitable and includes-

(i) a 1[Waqf] by user but such 1[Waqf] shall not cease to be a 1[Waqf] by reason only of the user having ceased irrespective of the period of such cesser;

(ii) "grants", including mashrut-ul-khidmat for any purpose recognised by the Muslim law as pious, religious or charitable; and

(iii) a 1[Waqf]-alal-aulad to the extent to which the property is dedicated for any purpose recognised by Muslim law as pious, religious or charitable, and "3[waqif]" means any person making such dedication;

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Last updated on July, 2016

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