The wakf act,1995 (Bare Act)/ Universal Law Publishing

THE WAKF ACT, 1995
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Comparative Charts
Inroduction
CHAPTER I
PRELIMINARY
Sections j 1. Short title, extent and commencement
2. Application of the Act
3. Definitions
CHAPTER II
SURVEY OF WAKES '
4. Preliminary survey of wakfs
5.. Publication of list of wakfs
6. Disputes regarding wakfs
7. Power of Tribunal to determine disputes regarding wakfs
8. Recovery of costs of survey
CHAPTER III
CENTRAL WAKF COUNCIL
9. Establishment and constitution of Central Wakf Council . •
10. Finance of Council . . '
11. Accounts and audit
12. Power of Central Govemment to make rules
CHAPTER IV
ESTABLISHMENT OF BOARD AND THEIR FUNCTIONS
13. Incorporation 14. Composition of Board
15. Term of office 16. Disqualification for being appointed, or for continuing as, a member of the Board
17. Meetings of the Board
18. Committees of the Board 19. Resignation of Chairperson and members 20. Removal of Chairperson and member
21. Filling of a vacancy 22. Vacancies, etc., not to invalidate proceedings of the Board 23. Appointment of Chief Executive Officer and his term of office and other conditions of service

Officers and other employees of the Board
Duties and powers of Chief Executive Officer
Powers of Chief Executive Officer in respect of orders or
resolutions of Board
Delegation of powers by the Board
Chief Executive Officer to exercise powers through Collectors, etc.
Powers of Chief Executive Officer to inspect records, registers, etc.
Inspection of records
Prevention of disqualification for membership of Parliament
Powers and functions of the Board
Powers of inspection by Chief Executive Officer or persons authorised by him
Recovery of the amount determined under section 33 . ,
Conditional attachment by Tribunal
CHAPTER V
REGISTRATION OF WAKFS
Registration
Register of wakfs
- Powers of Board to appoint Executive Officer Powers of Board in relation to wakfs which have ceased to exist Decision if a property is wakf property Power to cause registration of wakf and to amend register Change in the management of wakfs to be notified Wakfs registered before the commencement of this Act deemed to be registered CHAPTER VI MAINTENANCE OF ACCOUNTS OF WAKFS
Budget . < i j Preparation of budget of wakfs under direct management of the board Submission of accounts of wakfs
Audit of accounts of wakfs Board to pass orders on auditor's report Sums certified to be due recoverable as arrears of land revenue
Duties of mutawalli Alienation of wakf property without sanction of Board to be void • Recovery of wakf property transferred in contravention of section Restriction on purchase of property on behalf of wakf . Removal of encroachment from wakf property Enforcement of orders made under section 54 Restriction on power to grant lease of wakf property Mutawalli entitled to pay certain costs from income of wakf property Power of Board to pay dues in case of default by mutawalli . Creation of reserve fund
Extension of time

61. Penalties
62. Mutawalli not to spend any money belonging to wakf for self-defence
63. Power to appoint mutawallis in certain cases
64. Removal of mutawalli
65. Assumption of direct management of certain wakfs by the Board
66. Powers of appointment and removal of mutawalli when to be exercised by the State Government
67. Supervision and supersession of committee of management
68. Duty of mutawalli or committee to deliver possession of records, etc.
69. Power of Board to frame scheme for administration of wakf
70. Inquiry relating to administration of wakf
71. Manner of holding inquiry
CHAPTER VII
FINANCE OF THE BOARD
72. Annual contribution payable to Board 73. Power of Chief Executive Officer to direct banks or other person to make payments 74. Deduction of contribution from perpetual annuity payable to the wakf
75. Power of Board to borrow
76. Mutawalli not to lend or borrow moneys without sanction
77. Wakf Fund
78. Budget of Board
79. Accounts of Board
80. Audit of accounts of Board 81. State Government to pass orders on auditor's report 82. Dues of Board to be recovered as arrears of land revenue ^ .
CHAPTER VIII
JUDICIAL PROCEEDINGS
83. Constitution of Tribunals, etc. 84. Tribunal to hold proceedings expeditiously and to furnish to the parties copies of its decision
85. Bar of jurisdiction of civil courts 86. Appointment of a receiver in certain cases 87. Bar to the enforcement of right on behalf of unregistered wakfs 88. Bar to challenge the validity of any notification, etc.
89. Notice of suits by parties against Board
90. Notice of suits, etc., by courts 91. Proceedings under Act 1 of 1894 92. Board to be party to suit or proceeding 93. Bar to compromise of suits by or against mutawallis 94. Power to make application to the tribunal in case of failure of mutawalli to discharge his duties
95. Power of appellate authority to entertain appeal after expiry of specified period

CHAPTER IX
MISCELLANEOUS
96. Power of Central Government to regulate secular activities of wakfs
97. Directions by State Government
98. Annual report by State Govemment
100. Protection of action taken in good faith
101. Survey Commissioner, Members and Officers of the Board deem^ to be public servants 102. Special provision for recorganisation of certain Boards 103. Special provision for establishment of Board for part of a State 104. Application of Act to properties given or donated by persons not professing Islam for support of certain wakf 105. Power of Board and Chief Executive Officer to require copies of documents, etc. to be furnished 106. Powers of Central Govemment to constitute common Boards 107. Act 36 of 1963 not to apply for recovery of wakf properties 108. Special provision as to evacuee wakf properties
109. Power to make rules 110. Powers to make regulations by the Board 111. Laying of rules and regulations before State Legislature
112. Repeal and savings
113. Power to remove difficulties
THE CENTRAL WAKF COUNCIL RULES, 1981
Rules
1. Short title and commencement
2. Definitions
3. Register of Members 4. Term of office, resignation and removal of members
5. Filling of casual vacancies
6. Committees of the Council 7 Secretary to the Council
8. Meeting of the Council 9. Procedure at meeting. 10. Invitees to the Council meeting . , 11. Travelling and daily allowances
V
12. Travelling and daily allowances to members who are
officers of Government .
Staff of the Council
Control of the Fund
Power to sanction expenditure by Chairperson and Secretary
16. Annual Statement of Accounts 17. Powers of the Secretary in respect of staff and contingent expenditure 18. Additional qualifications for appointment to a post in the Council 19. Exemption from recruitment through Employment Exchange
APPENDIX

MODEL SPECIMENS
Family Settlement by Way of Wakf
Wakf for Public Purposes