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THE WAKF ACT, 1995

Title : THE WAKF ACT, 1995

Year : 1995



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

2*[Provided that in case where a Board of Waqf has not been established, as required under this sub-section, a Board of Waqf shall, without prejudice to the provisions of this Act or any other law for the time being in force, be established within six months from the date of commencement of the 3[waqf] (Amendment) Act, 2013.]

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

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

(3) The Board shall be a body corporate having perpetual succession and a common seal with power to acquire and hold property and to transfer any such property subject to such conditions and restrictions as may be prescribed and shall by the said name sue and be sued.
 
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1. Substituted by the Wakf (Amendment) Act, 2013 (Act No. 27 of 2013) for the following : - "Wakfs"

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

3. Substituted by the Wakf (Amendment) Act, 2013 (Act No. 27 of 2013) for the following : - "Wakf"
 
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(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 elected from each of the electoral colleges consisting of-

(i) Muslim Members of Parliament from the State or, as the case may be, 1*[the National Capital 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 a Union 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 from categories mentioned in sub-clauses (i) to (iv), shall be elected from the electoral college constituted for each category.

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

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

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

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

4*[(1A) No Minister of the Central Government or, as the case may be, a State Government, shall be 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 not more than seven members to be appointed by the Central Government from categories specified under 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 one mutawalli as the member of the Board.]

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

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

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

(3) Notwithstanding anything contained in this section, where the State Government is satisfied, for reasons to be recorded in writing, that it is not reasonably practicable to constitute an electoral college for any of the categories mentioned in sub-clauses (i) to (iii) of clause (b) of sub-section (1), the State Government 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 nominated members of the Board except as provided under sub-section (3).

6[***]

(6) In determining the number of Shia members or Sunni members of the Board, the State Government shall have regard to the number and value of Shia 1[auqaf] and Sunni 1*[auqaf] to be administered by the Board and appointment of the members shall be made, so far as may be, in accordance with such determination.

7[***]

(8) Whenever the Board is constituted or re-constituted, the members of the Board present at a meeting convened 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 the Official Gazette.
 
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1. Substituted by the Wakf (Amendment) Act, 2013 (Act No. 27 of 2013) for the following : - "wakfs"

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

3. Substituted by the Wakf (Amendment) Act, 2013 (Act No. 27 of 2013) for the following : - "(iii) Muslim Members of the Bar Council of the State, and"

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 : -

"(c) one and not more than two members to be nominated by the State Government representing eminent Muslim Organisations;

(d) one and not more than two members to be nominated by the State Government, each from recognised scholars in Islamic Theology;

(e) an officer of the State Government not below the rank of Deputy Secretary."

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

"(5) Where there are Shia 1[auqaf] but no separate Shia 1[auqaf] Board exists, at least one of the members from the categories listed in sub-section (1), shall be a Shia Muslim."

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

"(7) In the case of the Union Territory other than Delhi, the Board shall consist of not less than three and not more than five members to be appointed by the Central Government from amongst the categories of persons specified in sub-section (1):

Provided that there shall be one mutawalli as the member of the Board."
 
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The members of the Board shall hold office for a term of five years 1*[from the date of notification referred to in sub-section (9) of section 14.]
 
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1. Inserted by the Wakf (Amendment) Act, 2013 (Act No. 27 of 2013).
 
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A person 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 not been 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 for mismanagement or for corruption.
 
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1. Inserted by the Wakf (Amendment) Act, 2013 (Act No. 27 of 2013).
 
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(1) The Board shall meet for the transaction of business at such time and places as may be provided by regulations.

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



(1) The Board may, whenever it considers necessary, establish either generally or for a particular purpose or for any specified area or areas committees for the supervision of 1*[auqaf].

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

Provided that it shall not be necessary for the members of such committees to be members of the Board.
 
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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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The Chairperson or any other member may resign his 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 his successor is notified in the Official Gazette.



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

(c) Fails in the opinion of the Board, to attend three consecutive meetings of the Board, without sufficient excuse.

(2) Where the Chairperson of the Board is removed under sub-section (1), he shall also cease to be a member of the Board.
 
20A - Removal of Chairperson by vote of no confidence

2*[Without prejudice to the provisions of section 20, the Chairperson of a Board may be removed by vote of no confidence in the following manner, namely:-

(a) No resolution expressing a vote of confidence or no confidence in any person elected as Chairperson of a Board shall be moved except in the manner prescribed and twelve months have not elapsed after the date of his election as a Chairperson and be removed except with the prior permission of the State Government;

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

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

(d) On receipt of the notice of no confidence, as provided here in above, the State Government shall fix such time, date and place as may be considered suitable for holding a meeting for the purpose of the 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 confidence motion being duly carried on or, election of the new Chairperson, as the case may be, shall also be held in the same meeting;

(f) The State Government shall also nominate a Gazetted Officer (other than an officer of the department which is concerned with the supervision and administration of the Board) to act as presiding 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 members of the Board;

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

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

(j) Election of the new Chairperson shall be conducted under clause (i), in the meeting under the chairmanship 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 and election 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 in case 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 the term 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 of requisite majority at the meeting, no subsequent meeting for considering the motion of no confidence shall be held within six months of the date of the previous meeting.]
 
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1. Substituted by the Wakf (Amendment) Act, 2013 (Act No. 27 of 2013) for the following : - "Wakfs"

2. Inserted by the Wakf (Amendment) Act, 2013 (Act No. 27 of 2013).
 
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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 so long as the member whose place he fills would have been entitled to hold office, if such vacancy had not occurred.



No act or proceeding of the Board shall be invalid by reason only of the existence of any vacancy amongst its members or any defect in the constitution thereof.



1*[(1) There shall be a full-time Chief Executive Officer of the Board who shall be a Muslim and shall be appointed by the State Government, by notification in the Official Gazette, from a panel of two names 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 of equivalent rank may be appointed on deputation.]

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

(3) The Chief Executive Officer shall be ex officio Secretary of the Board and shall be under the administrative control of the Board.
 
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1. Substituted by the Wakf (Amendment) Act, 2013 (Act No. 27 of 2013) for the following : -

"(1) There shall be a Chief Executive Officer of the Board who shall be a Muslim and shall be appointed by the State Government, in consultation with the Board, by notification in the Official Gazette
 
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(1) The Board shall have the assistance of such number of officers and other employees as may be necessary for the efficient performance of its functions under this Act, details thereof shall be determined by the Board in consultation with the State Government.

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



(1) Subject to the provisions of this Act and of the rules made the reunder and the directions of the Board, functions of the Chief Executive Officer shall include-

(a) Investigating the nature and extent of 2*[auqaf] and 1*[waqf] properties and calling whenever necessary, an inventory of 1*[waqf]  properties and calling, from time to time for accounts, returns and information from mutawallis;

(b) Inspecting or causing inspection of 1*[waqf]  properties and accounts, records, deeds or documents relating thereto;

(c) Doing generally of such acts as may be necessary for, the control, maintenance and superintendence of 2*[auqaf].

(2) In exercising the powers of giving directions under sub-section (1)in respect of any 1*[waqf] , the Board shall act in conformity with the directions by the 3*[waqif] in the deed of the 1*[waqf] , the purpose of 1*[waqf]  and such usage and customs of the 1*[waqf]  as are sanctioned by the school of Muslim law to which the 1*[waqf]  belongs.

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

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Where the Chief 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 by any other law; or

(c) If implemented, is likely to-

(i) Cause financial loss to the Board or to the concerned 1[waqf] or to the 2*[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 1*[waqf] or to 2*[auqaf] generally,he may, before implementing such order or resolution place the matter before the Board for its reconsideration and, if such order or resolution is not confirmed by a majority of vote of the members present and voting after such reconsideration, refer the matter to the State Government along with his objections to the order or resolution and the decision of the State Government thereon shall be final.

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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"
 
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1*[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 servant of the Board or any area committee, subject to such conditions and limitations as may be specified in the said order, such of its powers and duties under this Act, as it may deem necessary, except the powers and functions of the Board mentioned under clauses (c), (d), (g) and (j) of sub-section (2) of section 32 and section 110.]
 
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1. Substituted by the Wakf (Amendment) Act, 2013 (Act No. 27 of 2013) for the following : -

"The Board may, by a general or special order in writing, delegate to the Chairperson, any other member, the secretary or any other officer or servant of the Board or any area committee, subject to such conditions and limitations as may be specified in the said order, such of its powers and duties under this Act, as it may deem necessary."
 
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Subject to the provisions of this Act and the rules made there under, the District Magistrate or in his absence an Additional District Magistrate or Sub-Divisional Magistrate of a District in the State shall be responsible for implementation of the decisions of the Board which may be conveyed through the Chief Executive Officer and the Board may, wherever considers necessary, seek directions from the Tribunal for the implementation of its decisions.
 
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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 : -

28. Chief Executive Officer to exercise powers through Collectors, etc.-

"(1) Subject to the provisions of this Act and of the rules made thereunder, the Chief Executive Officer may exercise all or any of the powers conferred on him by or under this Act with the previous approval of the Board through the Commissioner of the division or the Collector of the district in which the concerned 1*[waqf] property is situated or through any other Gazetted Officer whom he may appoint for such purpose and may, from time to time, delegate any of his powers to any such Commissioner of the division or Collector or any other Gazetted Officer and may, at any time revoke the delegations so made by him.

(2) Where any delegation of powers is made by the Chief Executive Officer under subsection (1), the person to whom such delegation is made may exercise those powers in the same manner and to the same extent as if they have been conferred on him directly by this Act and not by way of delegation."

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1*[(1)] The Chief Executive Officer or any officer of the Board duly authorised by him in this behalf shall, 2*[subject to such conditions as may be prescribed] be entitled at all reasonable time to inspect, in any public office, any records, registers or other documents relating to a 4*[waqf] or movable or immovable properties which are 4*[waqf] properties or are claimed to be 4*[waqf] properties.

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

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

Provided that before taking any course of action as mentioned in sub-sections (2) and (3), the Chief Executive Officer shall obtain approval of the Board.]
 
 
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1. Re-numbered by the Wakf (Amendment) Act, 2013 (Act No. 27 of 2013).

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

" subject to such conditions and restrictions as may be prescribed and subject to the payment of such fees as may be leviable under any law for the time being in force."

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

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

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

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



It is hereby declared that the offices of the Chairperson or members of the Board shall not be disqualified and shall be deemed never to have been disqualified for being chosen as, or for being, a Member of Parliament. 1*[or a Member of Union territory Legislature or a Member of a State Legislature if so declared under a law made by the appropriate State Legislature]
 
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1. Inserted by the Wakf (Amendment) Act, 2013 (Act No. 27 of 2013).

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(1) Subject to any rules that may be made under this Act, the general superintendence of all 5*[auqaf] in a State shall vest in the Board established or the State; and it shall be the duly of the Board so to exercise its powers under this Act as to ensure that the 5*[auqaf] under its superintendence are properly maintained, controlled and administered and the income thereof is duly applied to the objects and for the purposes for which such 5*[auqaf] were created or intended:

Provided that in exercising its powers under this Act in respect of any 6*[waqf], the Board shall act in conformity with the directions of the 6*[waqf], the purposes of the 6*[waqf] and any usage or custom of the 6*[waqf] sanctioned by the school of Muslim law to which the 6*[waqf] belongs.

Explanation.-For the removal of doubts, it is hereby declared that in this sub-section, "6*[waqf] includes a 6*[waqf] in relation to which any scheme has been made by any court of law, whether before or after 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 and beneficiaries of every 6*[waqf];

(b) To ensure that the income and other property of 5*[auqaf] are applied to the objects and for the purposes for which such 5*[auqaf] were intended or created;

(c) To give directions for the administration of 5*[auqaf];

(d) To settle schemes of management for a 6*[waqf]:

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

(e) To direct-

(i) The utilisation of the surplus income of a 6[waqf] consistent with the objects of a 6*[waqf];

(ii) In what manner the income of a 6*[waqf], the object of which are not evident from any written instrument, shall be utilized;

(iii) In any case where any object of 6*[waqf] has ceased to exist or has become incapable of achievement, that so much of the income of the 6[waqf] as was previously applied to that object shall be applied to any other object, which shall be similar, or nearly similar or to the original object or for the benefit of the poor or for the purpose of promotion of knowledge and learning in the Muslim community:

Provided that no direction shall be given under this clause without giving the parties affected an opportunity 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 6*[waqf], by the Sunni members of the Board only; and

(ii) In the case of a Shia 6*[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 and other circumstances, it appears to the Board that the power should not be exercised by such members only, it may co-opt such other Muslims being Sunnis or Shias, as the case may be, as it thinks fit, to be 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 the auditing of account of 5*[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 6*[waqf];

(i) To institute and defend suits and proceedings relating to 5*[auqaf];

1*[(j) To sanction lease of any immovable property of a waqf in accordance with the provisions of this Act and the rules made there under:

Provided that no such sanction shall be given unless a majority of not less than two-thirds of the members 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 shall be recorded in writing.]

(k) To administer the 6[waqf] Fund;

(l) To call for such returns, statistics, accounts and of her information from the mutawallis with respect 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 and documents relating thereto;

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

2*[(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 administration of 5*[auqaf].

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

(4) Where the Board is satisfied that any 6*[waqf] land, which is a 6*[waqf] property, 3*[has the potential for development as an educational institution, shopping centre, market, housing or residential flats and the like], market, housing flats and the like, it may serve upon the mutawalli of the concerned 6*[waqf] a notice requiring him within such time, but not less than sixty days, as may be specified in the notice, to convey 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), the Board, if it is satisfied that the mutawalli is not willing or is not capable of executing the works required to be executed in terms of the notice, it may, 4[***], take over the property, clear it of any building or structure thereon, which, in the opinion of the Board is necessary for execution of the works and execute such works from 6*[waqf] funds or from the finances which may be raised on the security of the properties of the 6*[waqf] concerned, and control and manage the properties till such time as all expenses incurred by the Board under this section, together with interest thereon, the expenditure on maintenance of such works and other legitimate charges incurred on the property are recovered from the income derived from the property:

Provided that the Board shall compensate annually the mutawalli of the concerned 6[waqf] to the extent of the average annual net income derived from the property during the three years immediately proceeding 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 of the developed properties, the developed properties shall be handed over to mutawalli of the concerned 6[waqf].
 
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1. Substituted by the Wakf (Amendment) Act, 2013 (Act No. 27 of 2013) for the following : -

"(j) to sanction any transfer of immovable property of a wakf by way of sale, gift, mortgage, exchange or lease, in accordance with the provisions of this Act:

Provided that no such sanction shall be given unless at least two thirds of the members of the Board vote in favour of such transaction;"

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

3. Substituted  by the Wakf (Amendment) Act, 2013 (Act No. 27 of 2013) for the following : - "offers a feasible potential for development as a shopping centre"

4. Omitted by the Wakf (Amendment) Act, 2013 (Act No. 27 of 2013) for the following : - "with the prior approval of the Government"

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

6. Substituted by the Wakf (Amendment) Act, 2013 (Act No. 27 of 2013) for the following : - "wakf"
 
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(1) With a view to examining whether, by reason of any failure or negligence on the part of a mutawalli in the performance 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] with the proper approval of the Board, 3[***], may inspect all movable and immovable properties, which are 1*[waqf] properties, and all records, correspondences, plans, accounts and other documents relating thereto.

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

(3) Where, after any such inspection, it appears that the concerned mutawalli or any officer or other employee who is or was working under him had misappropriated, misapplied or fraudulently retained, any money or other 1*[waqf] property, or had incurred irregular, unauthorised or improper expenditure from the funds of the 1*[waqf], the Chief Executive Officer may, after giving the mutawalli or the person concerned a reasonable opportunity of showing cause why an order for the recovery of the amount or property, should not be passed against him and after considering such explanation, if any, as such person may furnish, determine the amount or the property, which has been misappropriated, misapplied or fraudulently retained, or the amount of the irregular, unauthorised or improper expenditure incurred by such person, and make an order directing such person to make payment of the amount so determined and to restore the said property to the 1*[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 him of the order, appeal to the Tribunal:

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

(5) The Tribunal may, after taking such evidence as it may think fit, confirm, reverse or modify the order 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 the circumstances of the case.

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

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

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

3. Omitted by the Wakf (Amendment) Act, 2013 (Act No. 27 of 2013) for the following : - " either himself or any other person authorised by him in writing in this behalf"
 
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Where any mutawalli or other person who has been ordered, whether under sub-section (3) or sub-section (5) of section 33, to make any payment or to restore the possession of any property, omits or fails to make such payment or restoration within the time specified in such order, the Chief Executive Officer, with the prior approval of the Board shall, take such steps as he may think fit for the recovery of possession of the property aforesaid and shall also send a certificate to the Collector of the district in which the property of such mutawalli or other person in situate, stating therein the amount that has been determined by him or by the Tribunal, as the case may be, under section 33, as being payable by such mutawalli or other person, and, thereupon, the Collector shall recover the amount specified in such certificate as if it were an arrear of land revenue and on the recovery of such amount, pay the same to the Chief Executive Officer, who shall, on receipt thereof, credit the amount to the funds of the concerned 1*[waqf].
 
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1. Substituted by the Wakf (Amendment) Act, 2013 (Act No. 27 of 2013) for the following : - " wakf"

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(1) Where the Chief Executive Officer is satisfied that the mutawalli or any other person who has been ordered under sub-section (3) or sub-section (5) of section 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 his property from the jurisdiction of the Chief Executive Officer, he may, with the prior approval of the Board, apply to the Tribunal for the conditional attachment of the said property or such part thereof, as he may think necessary.

(2) The Chief Executive Officer shall, unless the Tribunal otherwise directs, specify in the application the 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 time to be fixed by it, either to furnish security, in such sum as may be specified in the order, to produce and place at the disposal of the Tribunal when required, the said property or the value of the same or such portion thereof as may be sufficient to satisfy the amount specified in the certificate referred to in section 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 portion of the property so specified.
 
(5) Every attachment made under this section shall be made in accordance with the provisions of the Code of Civil Procedure, 1908 (5 of 1908), as if it were an order for attachment made under the provision of the said Code.
Last updated on July, 2016

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