Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995

Bare Act · 1995

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

In the syllabus of: RPSC Assistant Professor (Law) · UGC NET Law

Act number: 43 of 1995
Enacted: 22 November 1995
Contents: 126 sections · 9 chapters

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Contents

Chapter I — Preliminary

Chapter II — Survey Of Auqaf

Section 4 – Survey of auqaf (preview)
Section 5 – Publication of list of auqaf (preview)
Section 6 – Disputes regarding auqaf (preview)
Section 7 – Power of Tribunal to determine disputes regarding auqaf (preview)
Section 8 – State Government to bear cost of survey (preview)

Chapter III — Central Waqf Council

Section 9 – Establishment and constitution of Central Waqf Council (preview)
Section 10 – Finance of Council (preview)
Section 11 – Accounts and audit (preview)
Section 12 – Power of Central Government to make rules (preview)

Chapter IV — Establishment Of Boards And Their Functions

Section 13 – Incorporation (preview)
Section 14 – Composition of Board (preview)
Section 15 – Term of office (preview)
Section 16 – Disqualification for being appointed, or for continuing as, a member of the Board (preview)
Section 17 – Meetings of the Board (preview)
Section 18 – Committees of the Board (preview)
Section 19 – Resignation of Chairperson and members (preview)
Section 20 – Removal of Chairperson and member (preview)
Section 20A – Omitted (preview)
Section 21 – Filling of a vacancy (preview)
Section 22 – Vacancies, etc., not to invalidate proceedings of the Board (preview)
Section 23 – Appointment of Chief Executive Officer and his term of office and other conditions of service (preview)
Section 24 – Officers and other employees of the Board (preview)
Section 25 – Duties and powers of Chief Executive Officer (preview)
Section 26 – Powers of Chief Executive Officer in respect of orders or resolutions of Board (preview)
Section 27 – Delegation of powers by Board (preview)
Section 28 – Power of District Magistrate, Additional District Magistrate or Sub-Divisional Magistrate to implement the directions of the Board (preview)
Section 29 – Powers of Chief Executive Officer to inspect records, registers, etc (preview)
Section 30 – Inspection of records (preview)
Section 31 – Prevention of disqualification for membership of Parliament (preview)
Section 32 – Powers and functions of the Board (preview)
Section 33 – Powers of inspection by Chief Executive Officer or persons authorised by him (preview)
Section 34 – Recovery of the amount determined under section 33 (preview)
Section 35 – Conditional attachment by Tribunal (preview)

Chapter V — Registration Of Auqaf

Section 36 – Registration (preview)
Section 37 – Register of auqaf (preview)
Section 38 – Powers of Board to appoint Executive Officer (preview)
Section 39 – Powers of Board in relation to auqaf which have ceased to exist (preview)
Section 40 – Omitted (preview)
Section 41 – Power to cause registration of waqf and to amend register (preview)
Section 42 – Change in the management of auqaf to be notified (preview)
Section 43 – Auqaf registered before the commencement of this Act deemed to be registered (preview)

Chapter VI — Maintenance Of Accounts Of Auqaf

Section 44 – Budget (preview)
Section 45 – Preparation of budget of auqaf under direct management of the Board (preview)
Section 46 – Submission of Accounts of auqaf (preview)
Section 47 – Audit of accounts of auqaf (preview)
Section 48 – Board to pass orders on auditor's report (preview)
Section 49 – Sums certified to be due recoverable as arrears of land revenue (preview)
Section 50 – Duties of mutawalli (preview)
Section 50A – Disqualification of mutawalli (preview)
Section 51 – Alienation of waqf property without sanction of Board to be void (preview)
Section 52 – Recovery of waqf property transferred in contravention of section 51 (preview)
Section 52A – Penalty for alienation of waqf property without sanction of Board (preview)
Section 53 – Restriction on purchase of property on behalf of waqf (preview)
Section 54 – Removal of encroachment from waqf property (preview)
Section 55 – Enforcement of orders made under section 54 (preview)
Section 55A – Disposal of property left on waqf property by unauthorised occupants (preview)
Section 56 – Restriction on power to grant lease of waqf property (preview)
Section 57 – Mutawalli entitled to pay certain costs from income of waqf property (preview)
Section 58 – Power of Board to pay dues in case of default by mutawalli (preview)
Section 59 – Creation of reserve fund (preview)
Section 60 – Extension of time (preview)
Section 61 – Penalties (preview)
Section 62 – Mutawalli not to spend any money belonging to waqf for self defence (preview)
Section 63 – Power to appoint mutawallis in certain cases (preview)
Section 64 – Removal of mutawalli (preview)
Section 65 – Assumption of direct management of certain auqaf by the Board (preview)
Section 66 – Powers of appointment and removal of mutawalli when to be exercised by the State Government (preview)
Section 67 – Supervision and supersession of committee of management (preview)
Section 68 – Duty of mutawalli or committee to deliver possession of records, etc (preview)
Section 69 – Power of Board to frame scheme for administration of waqf (preview)
Section 70 – Inquiry relating to administration of waqf (preview)
Section 71 – Manner of holding inquiry (preview)

Chapter VII — Finance Of The Board

Section 72 – Annual contribution payable to Board (preview)
Section 73 – Power of Chief Executive Officer to direct banks or other person to make payments (preview)
Section 74 – Deduction of contribution from perpetual annuity payable to the waqf (preview)
Section 75 – Power of board to borrow (preview)
Section 76 – Mutawalli not to lend or borrow moneys without sanction (preview)
Section 77 – Waqf Fund (preview)
Section 78 – Budget of Board (preview)
Section 79 – Accounts of Board (preview)
Section 80 – Audit of accounts of Board (preview)
Section 81 – State Government to pass orders on auditor's report (preview)
Section 82 – Dues of Board to be recovered as arrears of land revenue (preview)

Chapter VIII — Judicial Proceedings

Chapter IX — Miscellaneous

Section 96 – Power of Central Government to regulate secular activities of auqaf (preview)
Section 97 – Directions by State Government (preview)
Section 98 – Annual report by State Government (preview)
Section 99 – Power to supersede Board (preview)
Section 100 – Protection of action taken in good faith (preview)
Section 101 – Collector, members and officers of the Board, deemed to be public servants (preview)
Section 102 – Special provision for reorganisation of certain Boards (preview)
Section 103 – Special provision for establishment of Board for part of a State (preview)
Section 104 – Omitted (preview)
Section 104A – Prohibition of sale, gift, exchange, mortgage or transfer of waqf property (preview)
Section 104B – Restoration of waqf properties in occupation of Government agencies to waqf Board (preview)
Section 105 – Power of Board and Chief Executive Officer to require copies of documents, etc., to be furnished (preview)
Section 106 – Powers of Central Government to constitute common Boards (preview)
Section 107 – Application of Act 36 of 1963 (preview)
Section 108 – Omitted (preview)
Section 108A – Omitted (preview)
Section 108B – Power of Central Government to make rules (preview)
Section 109 – Power to make rules (preview)
Section 110 – Powers to make regulations by the Board (preview)
Section 111 – Laying of rules and regulations before State Legislature (preview)
Section 112 – Repeal and savings (preview)
Section 113 – Power to remove difficulties (preview)