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THE WAQF ACT, 1995
________
ARRANGEMENT OF SECTIONS
_______
CHAPTER I
PRELIMINARY
SECTIONS
1. Short title, extent and commencement.
2. Application of the Act.
3. Definitions.
CHAPTER II
SURVEY OF AUQAF
4. Preliminary survey of auqaf.
5. Publication of list of auqaf.
6. Disputes regarding auqaf.
7. Power of Tribunal to determine disputes regarding auqaf.
8. State Government to bear cost of survey.
CHAPTER III
CENTRAL WAQF COUNCIL
9. Establishment and constitution of Central Waqf Council.
10. Finance of Council.
11. Accounts and audit.
12. Power of Central Government to make rules.
CHAPTER IV
ESTABLISHMENT OF BOARDS 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.
20A. Removal of Chairperson by vote of no confidence.
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.
24. Officers and other employees of the Board.
25. Duties and powers of Chief Executive Officer.
26. Powers of Chief Executive Officer in respect of orders or resolutions of Board.
27. Delegation of powers by the Board.
28. Power of District Magistrate, Additional District Magistrate or Sub-Divisional Magistrate to
implement the directions of the Board.
29. Powers of Chief Executive Officer to inspect records, registers, etc.
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SECTIONS
30. Inspection of records.
31. Prevention of disqualification for membership of Parliament.
32. Powers and functions of the Board.
33. Powers of inspection by Chief Executive Officer or persons authorised by him.
34. Recovery of the amount determined under section 33.
35. Conditional attachment by Tribunal.
CHAPTER V
REGISTRATION OF AUQAF
36. Registration.
37. Register of auqaf.
38. Powers of Board to appoint Executive Officer.
39. Powers of Board in relation to auqaf which have ceased to exist.
40. Decision if a property is waqf property.
41. Power to cause registration of waqf and to amend register.
42. Change in the management of auqaf to be notified.
43. Auqaf registered before the commencement of this Act deemed to be registered.
CHAPTER VI
MAINTENANCE OF ACCOUNTS OF AUQAF
44. Budget.
45. Preparation of budget of auqaf under direct management of the Board.
46. Submission of Accounts of auqaf.
47. Audit of accounts of auqaf.
48. Board to pass orders on auditor’s report.
49. Sums certified to be due recoverable as arrears of land revenue.
50. Duties of mutawalli.
51. Alienation of waqf property without sanction of Board to be void.
52. Recovery of waqf property transferred in contravention of section 51.
52A. Penalty for alienation of waqf property without sanction of Board.
53. Restriction on purchase of property on behalf of waqf.
54. Removal of encroachment from waqf property.
55. Enforcement of orders made under section 54.
55A. Disposal of property left on waqf property by unauthorised occupants.
56. Restriction on power to grant lease of waqf property.
57. Mutawalli entitled to pay certain costs from income of waqf property.
58. Power of Board to pay dues in case of default by mutawalli.
59. Creation of reserve fund.
60. Extension of time.
61. Penalties.
62. Mutawalli not to spend any money belonging to waqf for self defence.
63. Power to appoint mutawallis in certain cases.
64. Removal of mutawalli.
65. Assumption of direct management of certain auqaf 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 waqf.
70. Inquiry relating to administration of waqf.
71. Manner of holding inquiry.
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CHAPTER VII
FINANCE OF THE BOARD
SECTIONS
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 waqf.
75. Power of board to borrow.
76. Mutawalli not to lend or borrow moneys without sanction.
77. Waqf 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. [Omitted.].
88. Bar to challenge of validity of any notification, etc.
89. Notice of suits by parties against Board.
90. Notice of suits, etc., by courts.
91. Proceedings under the Act 1 of 1894.
92. Board to be party to suit or proceeding.
93. Bar to compromise of suits by or against mutawalli.
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 auqaf.
97. Directions by State Government.
98. Annual report by State Government.
99. Power to supersede Board.
100. Protection of action taken in good faith.
101. Survey Commissioner, members and officers of the Board, deemed to be public servants.
102. Special provision for reorganisation 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 waqf.
104A. Prohibition of sale, gift, exchange, mortgage or transfer of waqf property.
104B. Restoration of waqf properties in occupation of Government agencies to waqf Board.
105. Power of Board and Chief Executive Officer to require copies of documents, etc., to be
furnished.
106. Powers of Central Government to constitute common Boards.
107. Act 36 of 1963 not to apply for recovery of waqf properties.
108. Special provision as to evacuee waqf properties.
108A. Act to have overriding effect.
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SECTIONS
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.
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THE WAQF ACT, 1995
ACT NO. 43 OF 1995
[22nd November, 1995.]
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:—
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.—(1) This Act may be called the
2
[Waqf] Act, 1995.
(2) It extends to the whole of India
3
***.
(3) It shall come into force in a State on such date
4
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.
2. Application of the Act.—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.
3. Definitions.—In this Act, unless the context otherwise requires,—
(a) “beneficiary” means a person or object for whose benefit a
2
[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
2
[Waqf] established under sub-section (1), or as the case may be,
under sub-section (2) of section 13 and shall include a common
2
[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
2
[Waqf] Council established under section 9;
5
[(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;
6
[(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;
1. Subs. by Act 27 of 2013, s. 2, for “wakfs” (w.e.f. 1-11-2013).
2. Subs. by s. 3, ibid., for “wakf” (w.e.f. 1-11-2013).
3. The words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule
(w.e.f. 31-10-2019).
4. 1st January, 1996, vide notification No. S.O. 1007 (E), dated 27th December, 1995, see Gazette of India, Extraordinary, Part II,
sec. 3(ii).
5. Ins. by s. 5, ibid. (w.e.f. 1-11-2013).
6. Subs. by s. 5, ibid., for clause (g) (w.e.f. 1-11-2013).
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(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, khandim, mujawar, 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:
2
[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
3
[offer prayer] or to perform any religious rite in a mosque,
idgah, imambara,dargah,
4
[khanqah, peerkhana and karbala], maqbara, graveyard or any other
religious institution connected with the
1
[waqf] or to participate in any religious or charitable
institution under the
1
[waqf];
(ii) the
5
[waqif] and any descendant of the
5
[waqif] and the mutawalli;
(l) “prescribed”, except in Chapter III, means prescribed by rules made by the State Governments;
(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
6
[Auqaf] under sub-section (2) of section 4;
(q) “Tribunal”, in relation to any area, means the Tribunal constituted under sub-section (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
1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013).
2. Ins. by s. 5, ibid. (w.e.f. 1-11-2013).
3. Subs. by s. 5, ibid., for “worship” (w.e.f. 1-11-2013).
4. Subs. by s. 5, ibid., for “khangah” (w.e.f. 1-11-2013).
5. Subs. by s. 4, ibid., for “wakif” (w.e.f. 1-11-2013).
6. Subs. by s. 4, ibid., for “wakfs” (w.e.f. 1-11-2013).
7. Subs. by s. 5, ibid., for clause (r) (w.e.f. 1-11-2013).
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(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.
CHAPTER II
SURVEY OF 2[AUQAF]
4. Preliminary survey of
2
[auqaf].—(1) The State Government may, by notification in the Official
Gazette, appoint for the State a Survey Commissioner of
2
[Auqaf] and as many Additional or Assistant
Survey Commissioners of
2
[Auqaf] as may be necessary for the purpose of making a survey of
3
[auqaf in
the State].
4
[(1A) Every State Government shall maintain a list of auqaf referred to in sub-section (1) and the
survey of auqaf shall be completed within a period of one year from the date of commencement of the
Wakf (Amendment) Act, 2013 (27 of 2013), in case such survey was not done before the commencement
of the Wakf (Amendment) Act, 2013:
Provided that where no Survey Commissioner of Waqf has been appointed, a Survey Commissioner
for auqaf shall be appointed within three months from the date of such commencement.]
(2) All Additional and Assistant Survey Commissioner of
2
[Auqaf] shall perform their functions
under this Act under the general supervision and control of the Survey Commissioner of
2
[Auqaf].
(3) The Survey Commissioner shall, after making such inquiry as he may consider necessary, submit
his report, in respect of
2
[auqaf] existing at the date of the commencement of this Act in the State or any
part thereof, to the State Government containing the following particulars, namely:—
(a) the number of
2
[auqaf] in the State showing the Shia
2
[auqaf] and Sunni
2
[auqaf] separately;
(b) the nature and objects of each
1
[waqf];
(c) the gross income of the property comprised in each
1
[waqf];
(d) the amount of land revenue, cesses, rates and taxes payable in respect of each
1
[waqf];
(e) the expenses incurred in the realisation of the income and the pay or other remuneration of the
mutawalli of each
1
[waqf]; and
(f) such other particulars relating to each
1
[waqf] as may be prescribed.
(4) The Survey Commissioner shall, while making any inquiry, have the same powers as are vested in
a civil court under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters,
namely:—
(a) summoning and examining any witness;
(b) requiring the discovery and production of any document;
(c) requisitioning any public record from any court or office;
(d) issuing commissions for the examination of any witness or accounts;
(e) making any local inspection or local investigation;
(f) such other matters as may be prescribed.
1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013).
2. Subs. by s. 4, ibid., for “ wakfs” (w.e.f. 1-11-2013).
3. Subs. by s. 6, ibid., for “wakfs existing in the State at the date of the commencement of this Act” (w.e.f. 1-11-2013).
4. Ins. by s. 6, ibid. (w.e.f. 1-11-2013).
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(5) If, during any such inquiry, any dispute arises as to whether a particular
1
[waqf] is a Shia
1
[waqf] or Sunni
1
[waqf] and there are clear indications in the deed of
1
[waqf] as to its nature, the dispute
shall be decided on the basis of such deed.
(6) The State Government may, by notification in the Official Gazette, direct the Survey
Commissioner to make a second or subsequent survey of
1
[waqf] properties in the State and the
provisions of sub-sections (2), (3), (4) and (5) shall apply to such survey as they apply to a survey
directed under sub-section (1):
Provided that no such second or subsequent survey shall be made until the expiry of a period of
2
[ten years] from the date on which the report in relation to the immediately previous survey was
submitted under sub-section (3):
3
[Provided further that the waqf properties already notified shall not be reviewed again in subsequent
survey except where the status of such property has been changed in accordance with the provisions of
any law.]
5. Publication of list of
4
[auqaf].—(1) On receipt of a report under sub-section (3) of section 4, the
State Government shall forward a copy of the same to the Board.
(2) The Board shall examine the report forwarded to it under sub-section (1) and
5
[fordward it back to
the Government within a period of six months for publication in the Official Gazette] a list of Sunni
4
[auqaf] or Shia
4
[auqaf] in the State, whether in existence at the commencement of this Act or coming
into existence thereafter, to which the report relates, and containing such other particulars as may be
prescribed.
6
[(3) The revenue authorities shall—
(i) include the list of auqaf referred to in sub-section (2), while updating the land records; and
(ii) take into consideration the list of auqaf referred to in sub-section (2), while deciding mutation
in the land records.
(4) The State Government shall maintain a record of the lists published under sub-section (2) from
time to time.]
6. Disputes regarding
4
[auqaf].—(1) If any question arises whether a particular property specified as
1
[waqf] property in the list of
4
[auqaf] is
1
[waqf] property or not or whether a
1
[waqf] specified in such list
is a Shia
1
[waqf] or Sunni
1
[waqf], the Board or the mutawalli of the
1
[waqf] or
7
[any person aggrieved]
may institute a suit in a Tribunal for the decision of the question and the decision of the Tribunal in
respect of such matter shall be final:
Provided that no such suit shall be entertained by the Tribunal after the expiry of one year from the
date of the publication of the list of
4
[auqaf]:
8
[Provided further that no suit shall be instituted before the Tribunal in respect of such properties
notified in a second or subsequent survey pursuant to the provisions contained in sub-section (6) of
section 4.]
9
* * * * *
(2) Notwithstanding anything contained in sub-section (1), no proceeding under this Act in respect of
any
1
[waqf] shall be stayed by reason only of the pendency of any such suit or of any appeal or other
proceeding arising out of such suit.
1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013).
2. Subs. by s. 6, ibid., for “twenty years” (w.e.f. 1-11-2013).
3. Ins. by s. 6, ibid. (w.e.f. 1-11-2013).
4. Subs. by s. 4, ibid., for “wakfs” (w.e.f. 1-11-2013).
5. Subs. by s. 7, ibid., for “publish in the Official Gazette” (w.e.f. 1-11-2013).
6. Ins. by s. 7, ibid. (w.e.f. 1-11-2013).
7. Subs. by s. 8, ibid., for “any person interested therein” (w.e.f. 1-11-2013).
8. Ins. by s. 8, ibid. (w.e.f. 1-11-2013).
9. The Explanation omitted by s. 8, ibid.(w.e.f. 1-11-2013).
http://www.tnwakfboard.org/1995.43.htm#s4_3
9
(3) The Survey Commissioner shall not be made a party to any suit under sub-section (1) and no suit,
prosecution or other legal proceeding shall lie against him in respect of anything which is in good faith
done or intended to be done in pursuance of this Act or any rules made thereunder.
(4) The list of
1
[auqaf] shall, unless it is modified in pursuance of a decision of the Tribunal under
sub-section (1), be final and conclusive.
(5) On and from the commencement of this Act in a State, no suit or other legal proceeding shall be
instituted or commenced in a court in that State in relation to any question referred to in sub-section (1).
7. Power of Tribunal to determine disputes regarding
1
[auqaf].—(1) If, after the commencement
of this Act,
2
[any question or dispute] arises, whether a particular property specified as
3
[waqf] property in
a list of
1
[auqaf] is
3
[waqf] property or not, or whether a
3
[waqf] specified in such list is a Shia
3
[waqf] or
a Sunni
3
[waqf], the Board or the mutawalli of the
3
[waqf],
4
[or any person aggrieved by the publication
of the list of auqaf under section 5] therein, may apply to the Tribunal having jurisdiction in relation to
such property, for the decision of the question and the decision of the Tribunal thereon shall be final:
Provided that—
(a) in the case of the list of
1
[auqaf] relating to any part of the State and published after the
commencement of this Act no such application shall be entertained after the expiry of one year from
the date of publication of the list of
1
[auqaf]; and
(b) in the case of the list of
1
[auqaf] relating to any part of the State and published at any time
within a period of one year immediately preceding the commencement of this Act, such an
application may be entertained by Tribunal within the period of one year from such commencement:
Provided further that where any such question has been heard and finally decided by a civil court in a
suit instituted before such commencement, the Tribunal shall not re-open such question.
(2) Except where the Tribunal has no jurisdiction by reason of the provisions of sub-section (5), no
proceeding under this section in respect of any
3
[waqf] shall be stayed by any court, tribunal or other
authority by reason only of the pendency of any suit, application or appeal or other proceeding arising out
of any such suit, application, appeal or other proceeding.
(3) The Chief Executive Officer shall not be made a party to any application under sub-section (1).
(4) The list of
1
[auqaf] and where any such list is modified in pursuance of a decision of the Tribunal
under sub-section (1), the list as so modified, shall be final.
(5) The Tribunal shall not have jurisdiction to determine any matter which is the subject-matter of any
suit or proceeding instituted or commenced in a civil court under sub-section (1) of section 6, before the
commencement of the Act or which is the subject-matter of any appeal from the decree passed before
such commencement in any such suit or proceeding or of any application for revision or review arising
out of such suit, proceeding or appeal, as the case may be.
5
[(6) The Tribunal shall have the powers of assessment of damages by unauthorised occupation of
waqf property and to penalise such unauthorised occupants for their illegal occupation of the waqf
property and to recover the damages as arrears of land revenue through the Collector:
Provided that whosoever, being a public servant, fails in his lawful duty to prevent or remove an
encroachment, shall on conviction be punishable with fine which may extend to fifteen thousand rupees
for each such offence.]
6
[8. State Government to bear cost of survey.—The total cost of making a survey including the cost
of publication of the list or lists of auqaf under this Chapter shall be borne by the State Government.]
1. Subs. by Act 27 of 2013, s. 4, for “wakfs” (w.e.f. 1-11-2013).
2. Subs. by s. 9, ibid., for “any question” (w.e.f. 1-11-2013).
3. Subs. by s. 4, ibid., for “wakf” (w.e.f. 1-11-2013).
4. Subs. by s. 9, ibid., for “or any person interested” (w.e.f. 1-11-2013).
5. Ins. by s. 9, ibid. (w.e.f. 1-11-2013).
6. Subs. by s. 10, ibid., for section 8 (w.e.f. 1-11-2013).
http://www.tnwakfboard.org/1995.43.htm#s6
10
CHAPTER III
CENTRAL 1[WAQF] COUNCIL
9. Establishment and constitution of Central
1
[Waqf] Council.—
2
[(1) The Central Government
may, by notification in the Official Gazette, establish a Council to be called the Central Waqf Council, for
the purpose of advising the Central Government, the State Governments and the Boards on matters
concerning the working of Boards and the due administration of auqaf.
(1A) The Council referred to in sub-section (1) shall issue directives to the Boards, on such issues and
in such manner, as provided under sub-sections (4) and (5).]
(2) The Council shall consist of—
(a) the Union Minister in-charge of
1
[waqf]—ex officio Chairperson;
(b) the following members to be appointed by the Central Government from amongst Muslims,
namely:—
(i) three persons to represent Muslim organisations having all India character and national
importance;
3
[(ii) four persons of national eminence, one each from the fields of administration or
management, financial management, engineering or architecture and medicine;]
(iii) three Members of Parliament of whom two shall be from the House of the People and
one from the Council of States;
(iv) Chairpersons of three Boards by rotation;
(v) two persons who have been Judges of the Supreme Court or a High Court;
(vi) one Advocate of national eminence;
(vii) one person to represent the mutawallis of the
1
[waqf] having a gross annual income of
rupees five lakhs and above;
(viii) three persons who are eminent scholars in Muslim Law:
4
[Provided that at least two of the members appointed under sub-clauses (i) to (viii) shall be
women.]
(3) The term of office of, the procedure to be followed in the discharge of their functions by, and the
manner of filling casual vacancies among, members of the Council shall be such as may be, prescribed by
rules made by the Central Government.
4
[(4) The State Government or, as the case may be, the Board, shall furnish information to the
Council on the performance of Waqf Boards in the State, particularly on their financial performance,
survey, maintenance of waqf deeds, revenue records, encroachment of waqf properties, annual reports and
audit reports in the manner and time as may be specified by the Council and it may suo motu call for
information on specific issues from the Board, if it is satisfied that there was prima facie evidence of
irregularity or violation of the provisions of this Act and if the Council is satisfied that such irregularity or
violation of the Act is established, it may issue such directive, as considered appropriate, which shall be
complied with by the concerned Board under intimation to the concerned State Government.
(5) Any dispute arising out of a directive issued by the Council under sub-section (4) shall be referred
to a Board of Adjudication to be constituted by the Central Government, to be presided over by a retired
Judge of the Supreme Court or a retired Chief Justice of a High Court and the fees and travelling and
other allowances payable to the Presiding Officer shall be such as may be specified by that Government.]
1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013).
2. Subs. by s. 11, ibid., for sub-section (1) (w.e.f. 1-11-2013).
3. Subs. by s. 11, ibid., for sub-clause (ii) (w.e.f. 1-11-2013).
4. Ins. by s. 11, ibid. (w.e.f. 1-11-2013).
11
10. Finance of Council.—(1) Every Board shall pay from its
1
[Waqf] Fund annually to the Council
such contribution as is equivalent to one per cent. of the aggregate of the net annual income of the
2
[auqaf] in respect of which contribution is payable under sub-section (1) of section 72:
Provided that where the Board, in the case of any particular
1
[waqf] has remitted under
sub-section (2) of section 72 the whole of the contribution payable to it under sub-section (1) of that
section, then for calculating the contribution payable to the Council under this section the net annual
income of the
1
[waqf] in respect of which such remission has been granted shall not be taken into
account.
(2) All monies received by the Council under sub-section (1) and all other monies received by it as
donations, benefactions and grants shall form a fund to be called the Central
1
[Waqf] Fund.
(3) Subject to any rules that may be made by the Central Government in this behalf, the Central
1
[Waqf] Fund shall be under the control of the Council and may be applied for such purposes as the
Council may deem fit.
11. Accounts and audit.—(1) The Council shall cause to be maintained such books of account and
other books in relation to its accounts in such form and in such manner as may be prescribed by rules
made by the Central Government.
(2) The accounts of the Council shall be audited and examined annually by such auditor as may be
appointed by the Central Government.
(3) The costs of the audit shall be paid from the Central
1
[Waqf] Fund.
12. Power of Central Government to make rules.—(1) The Central Government may,
by notification in the Official Gazette, make rules to carry out the purposes of this Chapter.
(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 term of office of, the procedure to be followed in the discharge of their functions by, and
the manner of filling casual vacancies among, the members of the Council;
(b) control over and application of the Central
1
[Waqf] Fund;
(c) the form and manner in which accounts of the Council may be maintained.
(3) Every rule made by the Central Government under this Chapter shall be laid, as soon as may be
after it is made, before each House of Parliament, while it is in session for a total period of third days,
which may be comprised in one session or in two or more successive sessions, and if, before the expiry of
the session immediately following the session or the successive sessions aforesaid, both Houses agree in
making any modification in the rule or both Houses agree that the rule should not be made, the rule shall
thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that
any such modification or annulment shall be without prejudice to the validity of anything previously done
under the rule.
CHAPTER IV
ESTABLISHMENT OF BOARDS AND THEIR FUNCTIONS
13. Incorporation.—(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
2
[Auqaf] under such
name as may be specified in the notification:
3
[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 Wakf
(Amendment) Act, 2013 (27 of 2013).]
1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013).
2. Subs. by s. 4, ibid., for “wakfs” (w.e.f. 1-11-2013).
3. Ins. by s. 12, ibid. (w.e.f. 1-11-2013).
http://www.tnwakfboard.org/1995.43.htm#s72
http://www.tnwakfboard.org/1995.43.htm#s72_2
http://www.tnwakfboard.org/1995.43.htm#s72_1
http://www.tnwakfboard.org/cenrule.htm
12
(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 all
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.
14. Composition of Board.—(1) The Board for a State and
3
[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,
3
[the National
Capital Territory of Delhi];
(ii) Muslim Members of the State Legislature;
4
[(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.
5
[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 National Capital Territory of Delhi, or a Member of the
State Legislative Assembly, as the case may be;]
6
[(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;]
1. Subs. by Act 27 of 2013, s. 4, for “wakfs” (w.e.f. 1-11-2013).
2. Ins. by s. 12, ibid. (w.e.f. 1-11-2013).
3. Subs. by s. 13, ibid., for “the Union territory of Delhi” (w.e.f. 1-11-2013).
4. Subs. by s. 13, ibid., for sub-clause (iii) (w.e.f. 1-11-2013).
5. Ins. by s. 13, ibid. (w.e.f. 1-11-2013).
6. Subs. by s. 13, ibid., for clauses (c), (d) and (e) (w.e.f. 1-11-2013).
13
1
[(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).
2
* * * * *
(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
3
[auqaf] and Sunni
3
[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.
2
* * * * *
(8) Whenever the Board is constituted or reconstituted, 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.
15. Term of office.—The members of the Board shall hold office for a term of five years
4
[from the
date of notification referred to in sub-section (9) of section 14].
16. Disqualification for being appointed, or for continuing as, a member of the Board.—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. Ins. by Act 27 of 2013, s. 13 (w.e.f. 1-11-2913).
2. Sub-sections (5) and (7) omitted by s. 13, ibid. (w.e.f. 1-11-2013).
3. Subs. by s. 4, ibid., for “wakfs” (w.e.f. 1-11-2013).
4. Ins. by s. 14, ibid. (w.e.f. 1-11-2013).
http://www.tnwakfboard.org/tnrule1.htm
14
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.]
17. Meetings of the Board.—(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.
18. Committees of the Board.—(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
2
[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.
19. Resignation of Chairperson and members.—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.
20. Removal of Chairperson and member.—(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
2
[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.
3
[20A. Removal of Chairperson by vote of no confidence.—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;
1. Ins. by Act 27 of 2013, s. 15 (w.e.f. 1-11-2013).
2. Subs. by s. 4, ibid., for “wakfs” (w.e.f. 1-11-2013).
3. Ins. by s. 16, ibid. (w.e.f. 1-11-2013).
http://www.tnwakfboard.org/1995.43.htm#s16
15
(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 hereinabove, 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.]
21. Filling of a vacancy.—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.
22. Vacancies, etc., not to invalidate proceedings of the Board.—No act or proceeding of the
Board shall be invalid by reason only of the existence of any vacancy amongst its member or any defect
in the constitution thereof.
23. Appointment of Chief Executive Officer and his term of office and other conditions of
service.—
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
1. Subs. by Act 27 of 2013, s. 17, for sub-section (1) (w.e.f. 1-11-2013).
16
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.
24. Officers and other employees of the Board.—(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.
25. Duties and powers of Chief Executive Officer.—(1) Subject to the provisions of this Act and of
the rules made thereunder and the directions of the Board, functions of the Chief Executive Officer shall
include—
(a) investigating the nature and extent of
1
[auqaf] and
2
[waqf] properties and calling whenever
necessary, an inventory of
2
[waqf] properties and calling, from time to time, for accounts, returns and
information from mutawallis;
(b) inspecting or causing inspection of
2
[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
1
[auqaf].
(2) In exercising the powers of giving directions under sub-section (1) in respect of any
2
[waqf], the
Board shall act in conformity with the directions by the
2
[waqf] in the deed of the
2
[waqf], the purpose of
2
[waqf] and such usage and customs of the
2
[waqf] as are sanctioned by the school of Muslim law to
which the
2
[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.
26. Powers of Chief Executive officer in respect of orders or resolutions of Board.—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
2
[waqf] or to the
1
[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
2
[waqf] or to
1
[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.
1. Subs. by Act 27 of 2013, s. 4, for “wakfs” (w.e.f. 1-11-2013).
2. Subs. by s. 4, ibid., for “wakf” (w.e.f. 1-11-2013).
17
1
[27. Delegation of powers by the Board.—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.]
2
[28. Power of District Magistrate, Additional District Magistrate or Sub-Divisional Magistrate
to implement the directions of the Board.—Subject to the provisions of this Act and the rules made
thereunder, 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.]
29. Powers of Chief Executive Officer to inspect records, registers, etc.—
3
[(1)] The Chief
Executive Officer or any officer of the Board duly authorised by him in this behalf shall,
4
[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
5
[waqf], or movable or immovable properties which are
5
[waqf] properties or are claimed to be
5
[waqf] properties.
6
[(2) The mutawalli or any other person having the custody of any document related to 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.]
30. Inspection of records.—(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.
31. Prevention of disqualification for membership of Parliament.—It is hereby declared that the
offices of the Chairperson or member of a 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
7
[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].
32. Powers and functions of the Board.—(1) Subject to any rules that may be made under this Act,
the general superintendence of all
8
[auqaf] in a State shall vest in the Board established or the State; and it
shall be the duty of the Board so to exercise its powers under this Act as to ensure that the
8
[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
8
[auqaf] were created or intended:
1. Subs. by Act 27 of 2013, s. 18, for section 27 (w.e.f. 1-11-2013).
2. Subs. by s. 19, ibid., for section 28 (w.e.f. 1-11-2013).
3. S. 29 numbered as sub-section (1) thereof by s. 20, ibid. (w.e.f. 1-11-2013).
4. Subs. by s. 20, ibid., for certain words (w.e.f.1-11-2013).
5. Subs. by s. 4, ibid., for “wakf” (w.e.f. 1-11-2013).
6. Ins. by s. 20, ibid. (w.e.f. 1-11-2013).
7. Ins. by s. 21, ibid. (w.e.f. 1-11-2013).
8. Subs. by s. 4, ibid., for “wakfs” (w.e.f. 1-11-2013).
18
Provided that in exercising its powers under this Act in respect of any
1
[waqf], the Board shall act in
conformity with the directions of the
2
[waqif], the purposes of the
1
[waqf] and any usage or custom of the
1
[waqf] sanctioned by the school of Muslim law to which the
1
[waqf] belongs.
Explanation.—For the removal of doubts, it is hereby declared that in this sub-section, “
1
[waqf]”
includes a
1
[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
1
[waqf];
(b) to ensure that the income and other property of
3
[auqaf] are applied to the objects and for the
purposes for which such
3
[auqaf] were intended or created;
(c) to give directions for the administration of
3
[auqaf];
(d) to settle schemes of management for a
1
[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
1
[waqf] consistent with the objects of
1
[waqf];
(ii) in what manner the income of a
1
[waqf], the objects of which are not evident from any
written instrument, shall be utilised;
(iii) in any case where any object of
1
[waqf] has ceased to exist or has become incapable of
achievement, that so much of the income of the
1
[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
1
[waqf], by the Sunni members of the Board only; and
(ii) in the case of a Shia
1
[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 auditing of
account of
3
[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
1
[waqf];
(i) to institute and defend suits and proceedings relating to
3
[auqaf];
4
[(j) to sanction lease of any immovable property of a waqf in accordance with the provisions of
this Act and the rules made thereunder:
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:
1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013).
2. Subs. by s. 4, ibid., for “wakif” (w.e.f. 1-11-2013).
3. Subs. by s. 4, ibid., for “wakfs” (w.e.f. 1-11-2013).
4. Subs. by s. 22, ibid., for clause (j) (w.e.f. 1-11-2013).
19
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
1
[Waqf] Fund;
(l) to call for such returns, statistics, accounts and other information from the mutawallis with
respect to the
1
[waqf] property as the Board may, from time to time, require;
(m) to inspect, or cause inspection of,
1
[waqf] properties, accounts, records or deeds and
documents relating thereto;
(n) to investigate and determine the nature and extent of
1
[waqf] and
1
[waqf] property, and to
cause, whenever necessary, a survey of such
1
[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
3
[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
1
[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
1
[waqf] land, which is a
1
[waqf] property,
4
[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
1
[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,
5
*** 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
1
[waqf] funds or from the finances which may be raised on the security of the properties
of the
1
[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
1
[waqf] to the
extent of the average annual net income derived from the property during the three years immediately
preceding 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
1
[waqf].
33. Powers of inspection by Chief Executive Officer or persons authorised by him.—(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
6
[or any other person authorised by him in writing] with
the prior approval of the Board,
7
***, may inspect all movable and immovable properties, which are
1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013).
2. Ins. by s. 22, ibid. (w.e.f. 1-11-2013).
3. Subs. by s. 4, ibid., for “wakfs” (w.e.f. 1-11-2013).
4. Subs. by s. 22, ibid., for “offers a feasible potential for development as a shopping centre” (w.e.f. 1-11-2013).
5. The words “with the prior approval of the Government,” omitted by s. 22, ibid. (w.e.f. 1-11-2013).
6. Ins. by s. 23, ibid. (w.e.f. 1-11-2013).
7. The words “either himself or any other person authorised by him in writing in this behalf” omitted by s. 23, ibid.
(w.e.f. 1-11-2013).
20
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 mis-appropriated, 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 mis-appropriated, 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.
34. Recovery of the amount determined under section 33.—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 is 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].
35. Conditional attachment by Tribunal.—(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 the property from the jurisdiction of the Chief
Executive Officer,
he may, with 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.
1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013).
21
(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.
CHAPTER V
REGISTRATION OF 1[AUQAF]
36. Registration.—(1) Every
2
[waqf], whether created before or after the commencement of this Act,
shall be registered at the office of the Board.
(2) Application for registration shall be made by the mutawalli:
Provided that such applications may be
3
[made by the waqf] or his descendants or a beneficiary of the
2
[waqf] or any Muslim belonging to the sect to which the
2
[waqf] belongs.
(3) An application for registration shall be made in such form and manner and at such place as the
Board may by regulation provide and shall contain the following particulars:—
(a) a description of the
2
[waqf] properties sufficient for the identification thereof;
(b) the gross annual income from such properties;
(c) the amount of land revenue, cesses, rates and taxes annually payable in respect of the
2
[waqf]
properties;
(d) an estimate of the expenses annually incurred in the realisation of the income of the
2
[waqf]
properties;
(e) the amount set apart under the
2
[waqf] for—
(i) the salary of the mutawalli and allowances to the individuals;
(ii) purely religious purposes;
(iii) charitable purposes; and
(iv) any other purposes;
(f) any other particulars provided by the Board by regulations.
(4) Every such application shall be accompanied by a copy of the
2
[waqf] deed or if no such deed has
been executed or a copy thereof cannot be obtained, shall contain full particulars, as far as they are known
to the applicant, of the origin, nature and objects of the
2
[waqf].
(5) Every application made under sub-section (2) shall be signed and verified by the applicant in the
manner provided in the Code of Civil Procedure, 1908 (5 of 1908) for the signing and verification of
pleadings.
(6) The Board may require the applicant to supply any further particulars or information that it may
consider necessary.
1. Subs. by Act 27 of 2013, s. 4, for “wakfs” (w.e.f. 1-11-2013).
2. Subs. by s. 4, ibid., for “wakf” (w.e.f. 1-11-2013).
3. Subs. by s. 24, ibid., for “made by the wakf” (w.e.f. 1-11-2013).
22
(7) On receipt of an application for registration, the Board may, before the registration of the
1
[waqf]
make such inquiries as it thinks fit in respect of the genuineness and validity of the application and
correctness of any particulars therein and when the application is made by any person other than the
person administering the
1
[waqf] property, the Board shall, before registering the
1
[waqf], give notice of
the application to the person administering the
1
[waqf] property and shall hear him if he desires to be
heard.
(8) In the case of
2
[auqaf] created before the commencement of this Act, every application for
registration shall be made, within three months from such commencement and in the case of
2
[auqaf]
created after such commencement, within three months from the date of the creation of the
1
[waqf]:
Provided that where there is no Board at the time of creation of a
1
[waqf], such application will be
made within three months from the date of establishment of the Board.
37. Register of
2
[auqaf].—
3
[(1)] The Board shall maintain a register of
2
[auqaf] which shall contain
in respect of each
1
[waqf] copies of the
1
[waqf] deeds, when available and the following particulars,
namely:—
(a) the class of the
1
[waqf];
(b) the name of the mutawallis;
(c) the rule of succession to the office of mutawalli under the
1
[waqf] deed or by custom or by
usage;
(d) particulars of all
1
[waqf] properties and all title deeds and documents relating thereto;
(e) particulars of the scheme of administration and the scheme of expenditure at the time of
registration;
(f) such other particulars as may be provided by regulations.
4
[(2) The Board shall forward the details of the properties entered in the register of auqaf to the
concerned land record office having jurisdiction of the waqf property.
(3) On receipt of the details as mentioned in sub-section (2), the land record office shall, according to
established procedure, either make necessary entries in the land record or communicate, within a period
of six months from the date of registration of waqf property under section 36, its objections to the Board.]
38. Powers of Board to appoint Executive Officer.—(1) Notwithstanding anything contained in this
Act, the Board may, if it is of the opinion that it is necessary so to do in the interests of the
1
[waqf],
appoint on whole-time or part-time or in an honorary capacity, subject to such conditions as may be
provided by regulations, an Executive Officer with such supporting staff as it considers necessary for any
1
[waqf] having a gross annual income of not less than five lakh rupees:
Provided that the person chosen for appointment should be a person professing Islam.
(2) Every Executive Officer appointed under sub-section (1) shall exercise such powers and discharge
such duties as pertain only to the administration of the property of the
1
[waqf] for which he has been
appointed and shall exercise those powers and discharge those duties under the direction, control and
supervision of the Board:
Provided that the Executive Officer who is appointed for a
1
[waqf] having a gross annual income of
not less than five lakh rupees shall ensure that the budget of the
1
[waqf] is submitted, the accounts of the
1
[waqf] are regularly maintained, and the yearly statement of accounts are submitted within such time as
the Board may specify.
(3) While exercising his powers and discharging his functions under sub-section (2), the Executive
Officer shall not interfere with any religious duties or any usage or custom of the
1
[waqf] sanctioned by
the Muslim law.
1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013).
2. Subs. by s. 4, ibid., for “wakfs” (w.e.f. 1-11-2013).
3. S. 37 numbered as sub-section (1) thereof by s. 25, ibid. (w.e.f. 1-11-2013).
4. Ins. by s. 25, ibid. (w.e.f. 1-11-2013).
23
(4) The salaries and allowances of the Executive Officer and his staff shall be fixed by the Board and
in fixing the quantum of such salary the Board shall have due regard to the income of the
1
[waqf], the
extent and nature of the duties of the Executive Officer and shall also ensure that the amounts of such
salaries and allowances are not disproportionate to the income of the
1
[waqf] and do not operate as an
unnecessary financial burden on it.
(5) The salaries and allowances of the Executive Officer and his staff shall be paid by the Board from
the
1
[Waqf] Fund and, if the
1
[waqf] generates any additional income as a result of appointment of the
Executive Officer, the Board may claim reimbursement of amounts spent on the salaries and allowances
from the fund of the
1
[waqf] concerned.
(6) The Board may, for sufficient reasons, and after giving to the Executive Officer or a member of
his staff, a reasonable opportunity of being heard, suspend, remove or dismiss the Executive Officer or a
member of his staff from his post.
(7) Any Executive Officer or a member of his staff who is aggrieved by any order or removal or
dismissal made under sub-section (6) may, within thirty days from the date of communication of the
order, prefer an appeal against the order to the Tribunal and the Tribunal may, after considering such
representation as the Board may make in the matter, and after giving a reasonable opportunity to the
Executive Officer or a member of his staff of being heard, confirm, modify or reverse the order.
39. Powers of Board in relation to
2
[auqaf] which have ceased to exist.—(1) The Board shall, if it
is satisfied that the objects or any part thereof, of a
1
[waqf] have ceased to exist, whether such cesser took
place before or after the commencement of this Act, cause an inquiry to be held by the Chief Executive
Officer, in the prescribed manner, to ascertain the properties and funds pertaining to such
1
[waqf].
(2) On the receipt of the report of inquiry of the Chief Executive Officer, the Board shall pass an
order,—
(a) specifying the property and funds of such
1
[waqf];
(b) directing that any property or funds pertaining to such
1
[waqf] which have been recovered
shall be applied or utilised for the renovation of any
1
[waqf] property and where there is no need for
making any such renovation or where utilisation of the funds for such renovation is not possible, be
appropriated, to any of the purposes specific in sub-clause (iii) of clause (e) of sub-section (2) of
section 32.
(3) The Board may, if it has reason to believe that any building or other place which was being used
for religious purpose or instruction or for charity has, whether before or after the commencement of this
Act, ceased to be used for that purpose, make an application to the Tribunal for an order directing the
recovery of possession of such building or other place.
(4) The Tribunal may, if it is satisfied, after making such inquiry as it may think fit, that such building
or other place—
(a) is
1
[waqf] property;
(b) has not been acquired under any law for the time being in force relating to acquisition of land
or is not under any process of acquisition under any such law, or has not vested in the State
Government under any law for the time being in force relating to land reforms; and
(c) is not in the occupation of any person who has been authorised by or under any law for the
time being in force to occupy such building or other place, make an order—
(i) directing the recovery of such building or place from any person who may be in
unauthorised possession thereof, and
(ii) directing that such property, building or place be used for religious purpose or instruction
as before, or if such use is not possible, be utilised for any purpose specified in sub-clause (iii) of
clause (e) of sub-section (2) of section 32.
1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013).
2. Subs. by s. 4, ibid., for “wakfs” (w.e.f. 1-11-2013).
http://www.tnwakfboard.org/1995.43.htm#s32_2eiii
http://www.tnwakfboard.org/1995.43.htm#s32_2eiii
http://www.tnwakfboard.org/1995.43.htm#s32_2eiii
http://www.tnwakfboard.org/1995.43.htm#s32_2eiii
24
40. Decision if a property is
1
[waqf] property.—(1) The Board may itself collect information
regarding any property which it has reason to believe to be
1
[waqf] property and if any question arises
whether a particular property is
1
[waqf] property or not or whether a
1
[waqf] is a Sunni
1
[waqf] or a
Shia
1
[waqf], it may, after making such inquiry as it may deem fit, decide the question.
(2) The decision of the Board on a question under sub-section (1) shall, unless revoked or modified
by the Tribunal, be final.
(3) Where the Board has any reason to believe that any property of any trust or society registered in
pursuance of the Indian Trusts Act, 1882 (2 of 1882) or under the Societies Registration Act, 1860
(21 of 1860) or under any other Act, is
1
[waqf] property, the Board may notwithstanding anything
contained in such Act, hold an inquiry in regard to such property and if after such inquiry the Board is
satisfied that such property is
1
[waqf] property, call upon the trust or society, as the case may be, either to
register such property under this Act as
1
[waqf] property or show cause why such property should not be
so registered:
Provided that in all such cases, notice of the action proposed to be taken under this sub-section shall
be given to the authority by whom the trust or society had been registered.
(4) The Board shall, after duly considering such cause as may be shown in pursuance of notice issued
under sub-section (3), pass such orders as it may think fit and the order so made by the Board, shall be
final, unless it is revoked or modified by a Tribunal.
41. Power to cause registration of
1
[waqf] and to amend register.—The Board may direct a
mutawalli to apply for the registration of a
1
[waqf], or to supply any information regarding a
1
[waqf] or
may itself cause the
1
[waqf] to be registered or may at any time amend the register of
2
[auqaf].
42. Change in the management of
2
[auqaf] to be notified.—(1) In the case of any change in the
management of a registered
1
[waqf] due to the death or retirement or removal of the mutawalli, the
incoming mutawalli, shall forthwith, and any other person may notify the change to the Board.
(2) In the case of any other change in any of the particulars mentioned in section 36, the mutawalli
shall, within three months from the occurrence of the change, notify such change to the Board.
43.
2
[Auqaf] registered before the commencement of this Act deemed to be registered.—
Notwithstanding anything contained in this Chapter, where any
1
[waqf] has been registered before the
commencement of this Act, under any law for the time being in force, it shall not be necessary to register
the
1
[waqf] under the provisions of this Act and any such registration made before such commencement
shall be deemed to be a registration made under this Act.
CHAPTER VI
MAINTENANCE OF ACCOUNTS OF 2[AUQAF]
44. Budget.—(1) Every mutawalli of a
1
[waqf] shall, in every year prepare, in such form and at such
time as may be prescribed, a budget in respect of the financial year next ensuing showing the estimated
receipts and expenditure during that financial year.
(2) Every such budget shall be submitted by the mutawalli at least
3
[thirty days] before the beginning
of the financial year to the Board and shall make adequate provision for the following:—
(i) for carrying out the objects of the
1
[waqf];
(ii) for the maintenance and preservation of the
1
[waqf] property;
(iii) for the discharge of all liabilities and subsisting commitments binding on the
1
[waqf] under
this Act or any other law for the time being in force.
4
[(3) In case the Board considers any item in the budget being contrary to the objects of the waqf and
the provisions of this Act, it may give such direction for addition or deletion of such item as it may deem
fit.]
1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013).
2. Subs. by s. 4, ibid., for “wakfs” (w.e.f. 1-11-2013).
3. Subs. by s. 26, ibid., for “ninety days” (w.e.f. 1-11-2013).
4. Subs. by s. 26, ibid., for sub-section (3) (w.e.f. 1-11-2013).
25
(4) If in the course of the financial year the mutawalli finds it necessary to modify the provisions
made in the budget in regard to the receipt or to the distribution of the amounts to be expended under the
different heads, he may submit to the Board a supplementary or a revised budget and the provisions of
sub-section (3) shall, as far as may be, apply to such supplementary or revised budget.
45. Preparation of budget of
1
[auqaf] under direct management of the Board.—(1) The Chief
Executive Officer shall prepare, in such form and at such time as may be prescribed, a budget in respect
of the financial year next ensuing showing the estimated receipts and expenditure for each of the
1
[auqaf]
under the direct management of the Board, showing therein the estimated receipts and expenditure and
submit it to the Board for its approval.
(2) While submitting the budget under sub-section (1), the Chief Executive Officer shall also prepare
statement giving details of the increase, if any, in the income of each
2
[waqf] under the direct
management of the Board and the steps which have been taken for its better management and the results
accruing therefrom during the year.
(3) The Chief Executive Officer shall keep regular accounts and be responsible for the proper
management of every
2
[waqf] under the direct management of the Board.
(4) Every budget submitted by the Chief Executive Officer under sub-section (1) shall comply with
the requirements of section 46 and, for this purpose, references therein to the mutawalli of the
3
[waqf]
shall be construed as references to the Chief Executive Officer.
(5) The audit of accounts of every
2
[waqf] under the direct management of the Board shall be
undertaken by the State Examiner of Local funds or any other officer appointed by the State Government
for this purpose, irrespective of the income of the
2
[waqf].
(6) The provisions of sub-sections (2) and (3) of section 47 and the provisions of sections 48 and 49
shall, in so far as they are not inconsistent with the provisions of this section, apply to the audit of
accounts referred to in this section.
(7) Where any
2
[waqf] is under the direct management of the Board, such administrative charges as
may be specified by the Chief Executive Officer shall be payable by the
2
[waqf] to the Board:
Provided that the Chief Executive Officer shall not collect more than ten per cent. of the gross annual
income of the
2
[waqf] under the direct management of the Board as administrative charges.
46. Submission of Accounts of
1
[auqaf].—(1) Every mutawalli shall keep regular accounts.
(2) Before the
3
[1st day of July] next, following the date on which the application referred to
in section 36 has been made and thereafter before the
3
[1st day of July] in every year, every mutawalli of
a
2
[waqf] shall prepare and furnish to the Board a full and true statement of accounts, in such form and
containing such particulars as may be provided by regulations by the Board, of all moneys received or
expended by the mutawalli on behalf of the
2
[waqf] during the period of twelve months ending on the
31st day of March, or, as the case may be, during that portion of the said period during which the
provisions of this Act, have been applicable to the
2
[waqf]:
Provided that the date on which the annual accounts are to be closed may be varied at the discretion
of the Board.
47. Audit of accounts of
1
[auqaf].—(1) The accounts of
1
[auqaf] submitted to the Board under
section 46 shall be audited and examined in the following manner, namely:—
(a) in the case of a
2
[waqf] having no income or a net annual income not exceeding
4
[fifty thousand rupees], the submission of a statement of accounts shall be a sufficient compliance
with the provisions of section 46 and the accounts of two per cent. of such
1
[auqaf] shall be audited
annually by an auditor appointed by the Board;
(b) the accounts of the
2
[waqf] having net annual income exceeding
4
[fifty thousand rupees] shall
be audited annually, or at such other intervals as may be prescribed, by an auditor appointed by the
1. Subs. by Act 27 of 2013, s. 4, for “wakfs” (w.e.f. 1-11-2013).
2. Subs. by s. 4, ibid., for “wakf” (w.e.f. 1-11-2013).
3. Subs. by s. 27, ibid., for “1st day of May” (w.e.f. 1-11-2013).
4. Subs. by s. 28, ibid., for “ten thousand rupees” (w.e.f. 1-11-2013).
http://www.tnwakfboard.org/1995.43.htm#s36
26
Board from out of the panel of auditors prepared by the State Government and while drawing up such
panel of auditors, the State Government shall specify the scale of remuneration of auditors;
(c) the State Government may,
1
[under intimation to the Board,] at any time cause the account of
any
2
[waqf] audited by the State Examiner of Local Funds or by any other officer designated for that
purpose by that State Government.
(2) The auditor shall submit his report to the Board and the report of the auditor shall among other
things, specify all cases of irregular, illegal or improper expenditure or of failure to recover money or
other property caused by neglect or misconduct and any other matter which the auditor considers it
necessary to report; and the report shall also contain the name of any person who, in the opinion of the
auditor, is responsible for such expenditure or failure and the auditor shall in every such case certify the
amount of such expenditure or loss as due from such person.
(3) The cost of the audit of the accounts of a
2
[waqf] shall be met from the funds of that
2
[waqf]:
Provided that the remuneration of the auditors appointed from out of the panel drawn by the State
Government in relation to
3
[auqaf] having a net annual income of
4
[more than fifty thousand rupees] shall
be paid in accordance with the scale of remuneration specified by the State Government under clause (c)
of sub-section (1):
Provided further that where the audit of the accounts of any
2
[waqf] is made by the State Examiner of
Local Funds or any other officer designated by the State Government in this behalf, the cost of such audit
shall not exceed one and a half per cent. of the net annual income of such
2
[waqf] and such costs shall be
met from the funds of the
3
[auqaf] concerned.
48. Board to pass orders on auditor’s report.—(1) The Board shall examine the auditor’s report,
and may call for the explanation of any person in regard to any matter mentioned therein, and shall pass
such orders as it thinks fit including orders for the recovery of the amount certified by the auditor under
sub-section (2) of section 47.
(2) The mutawalli or any other person aggrieved by any order made by the Board may, within thirty
days of the receipt by him of the order, apply to the Tribunal to modify or set aside the order and the
Tribunal may, after taking such evidence as it may think necessary, confirm or modify the order or remit
the amount so certified, either in whole or in part, and may also make such order as to costs as it may
think appropriate in the circumstances of the case.
(3) No application made under sub-section (2) shall be entertained by the Tribunal unless the amount
certified by the auditor under sub-section (2) of section 47 has first been deposited in the Tribunal and the
Tribunal shall not have any power to stay the operation of the order made by the Board under
sub-section (1).
(4) The order made by the Tribunal under sub-section (2) shall be final.
(5) Every amount for the recovery of which any order has been made under sub-section (1) or
sub-section (2) shall, where such amount remains unpaid, be recoverable in the manner specified
in section 34 or section 35 as if the said order were an order for the recovery of any amount determined
under sub-section (3) of section 35.
49. Sums certified to be due recoverable as arrears of land revenue.—(1) Every sum certified to
be due from any person by an auditor in his report under section 47 unless such certificate is modified or
cancelled by an order of the Board or of the Tribunal made under section 48, and every sum due on a
modified certificate shall be paid by such person within sixty days after the service of a demand notice for
the same issued by the Board.
(2) If such payment is not made in accordance with the provisions of sub-section (1), the sum payable
may, on a certificate issued by the Board after giving the person concerned an opportunity of being heard,
be recovered in the same as an arrear of land revenue.
1. Ins. by Act 27 of 2013, s. 28 (w.e.f. 1-11-2013).
2. Subs. by s. 4, ibid., for “wakf” (w.e.f. 1-11-2013).
3. Subs. by s. 4, ibid., for “wakfs” (w.e.f. 1-11-2013).
4. Subs. by s. 28, ibid., for “more than ten thousand rupees but less than fifteen thousand rupees” (w.e.f. 1-11-2013).
http://www.tnwakfboard.org/1995.43.htm#s34
http://www.tnwakfboard.org/1995.43.htm#s35
http://www.tnwakfboard.org/1995.43.htm#s38_3
http://www.tnwakfboard.org/1995.43.htm#s47
27
50. Duties of mutawalli.—It shall be the duty of every mutawalli—
(a) to carry out the directions of the Board in accordance with the provisions of this Act or of any
rule or order made thereunder;
(b) to furnish such returns and supply such information or particulars as may from time to time be
required by the Board in accordance with the provisions of this Act or of any rule or order made
thereunder;
(c) to allow inspection of
1
[waqf] properties, accounts or records or deeds and documents relating
thereto;
(d) to discharge all public dues; and
(e) to do any other act which he is lawfully required to do by or under this Act.
51. Alienation of
1
[waqf] property without sanction of Board to be void.—
2
[(1) Notwithstanding
anything contained in the waqf deed, any lease of any immovable property which is waqf property, shall
be void unless such lease is effected with the prior sanction of the Board:
Provided that no mosque, dargah, khanqah, graveyard, or imambara shall be leased except any unused
graveyards in the States of Punjab, Haryana and Himachal Pradesh where such graveyard has been leased
out before the date of commencement of the Wakf (Amendment) Act, 2013 (27 of 2013).
(1A) Any sale, gift, exchange, mortgage or transfer of waqf property shall be void ab initio:
Provided that in case the Board is satisfied that any waqf property may be developed for the purposes
of the Act, it may, after recording reasons in writing, take up the development of such property through
such agency and in such manner as the Board may determine and move a resolution containing
recommendation of development of such waqf property, which shall be passed by a majority of two-thirds
of the total membership of the Board:
Provided further that nothing contained in this sub-section shall affect any acquisition of waqf
properties for a public purpose under the Land Acquisition Act, 1894 (1 of 1894) or any other law relating
to acquisition of land if such acquisition is made in consultation with the Board:
Provided also that—
(a) the acquisition shall not be in contravention of the Places of Public Worship (Special
Provisions) Act, 1991 (42 of 1991);
(b) the purpose for which the land is being acquired shall be undisputedly for a public purpose;
(c) no alternative land is available which shall be considered as more or less suitable for that
purpose; and
(d) to safeguard adequately the interest and objective of the waqf, the compensation shall be at
the prevailing market value or a suitable land with reasonable solatium in lieu of the acquired
property.]
3
* * * * *
52. Recovery of
1
[waqf] property transferred in contravention of section 51.—(1) If the Board is
satisfied, after making any inquiry in such manner as may be prescribed, that any immovable property of
a
1
[waqf] entered as such in the register of
1
[waqf] maintained under section 36, has been transferred
without the previous sanction of the Board in contravention of the provisions of section 51
4
[or section
56], it may send a requisition to the Collector within whose jurisdiction the property is situate to obtain
and deliver possession of the property to it.
1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013).
2. Subs. by s. 29, ibid., for sub-section (1) (w.e.f. 1-11-2013).
3. Sub-sections (2), (3), (4) and (5) omitted by s. 29, ibid. (w.e.f. 1-11-2013).
4. Ins. by s. 30, ibid. (w.e.f. 1-11-2013).
http://www.tnwakfboard.org/1995.43.htm#s36
http://www.tnwakfboard.org/1995.43.htm#s51
28
(2) On receipt of a requisition under sub-section (1), the Collector shall pass an order directing the
person in possession of the property to deliver the property to the Board within a period of thirty days
from the date of the service of the order.
(3) Every order passed under sub-section (2) shall be served—
(a) by giving or tendering the order, or by sending it by post to the person for whom it is
intended; or
(b) if such person cannot be found, by affixing the order on some conspicuous part of his last
known place of abode or business, or by giving or tendering the order to some adult male member or
servant of his family or by causing it to be affixed on some conspicuous part of the property to which
it relates:
Provided that where the person on whom the order is to be served, is a minor, service upon his
guardian or upon any adult male member or servant of his family shall be deemed to be the service upon
the minor.
(4) Any person aggrieved by the order of the Collector under sub-section (2) may, within a period of
thirty days from the date of the service of the order, prefer an appeal to the Tribunal within whose
jurisdiction the property is situate and the decision of the Tribunal on such appeal shall be final.
(5) Where an order passed under sub-section (2) has not been complied with and the time for
appealing against such order has expired without an appeal having been preferred or the appeal, if any,
preferred within that time has been dismissed, the Collector shall obtain possession of the property in
respect of which the order has been made, using such force, if any, as may be necessary for the purpose
and deliver it to the Board.
(6) In exercising his functions under this section the Collector shall be guided by such rules as may be
provided by regulations.
1
[52A. Penalty for alienation of waqf property without sanction of Board.—(1) Whoever
alienates or purchases or takes possession of, in any manner whatsoever, either permanently or
temporarily, any movable or immovable property being a waqf property, without prior sanction of the
Board, shall be punishable with rigorous imprisonment for a term which may extend to two years:
Provided that the waqf property so alienated shall without prejudice to the provisions of any law for
the time being in force, be vested in the Board without any compensation therefor.
(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) any
offence punishable under this section shall be cognizable and non-bailable.
(3) No court shall take cognizance of any offence under this section except on a complaint made by
the Board or any officer duly authorised by the State Government in this behalf.
(4) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class
shall try any offence punishable under this section.]
53. Restriction on purchase of property on behalf of
2
[waqf].—Notwithstanding anything
contained in a
2
[waqf] deed, no immovable property shall be purchased for or on behalf of any
2
[waqf]
from the funds of any
2
[waqf] except with prior sanction of the Board, and the Board shall not accord
such sanction unless it considers that the acquisition of such property is necessary or beneficial to the
2
[waqf] and that the price proposed to be paid therefor is adequate and reasonable:
Provided that before such sanction is accorded, the particulars relating to the proposed transaction
shall be published in the Official Gazette inviting objections and suggestions with respect thereto and, the
Board shall, after considering the objections and suggestions that may be received by it from mutawallis
or other persons interested in the
2
[waqf], make such orders as it may think fit.
1. Ins. by Act 27 of 2013, s. 31 (w.e.f. 1-11-2013).
2. Subs. by s. 4, ibid., for “wakf” (w.e.f. 1-11-2013).
29
54. Removal of encroachment from
1
[waqf] property.—(1) Whenever the Chief Executive Officer
considers whether on receiving any complaint or on his own motion that there has been an encroachment
on any land, building, space or other property which is
1
[waqf] property and, which has been registered as
such under this Act, he shall cause to be served upon the encroacher a notice specifying the particulars of
the encroachment and calling upon him to show cause before a date to be specified in such notice, as to
why an order requiring him to remove the encroachment before the date so specified should not be made
and shall also send a copy of such notice to the concerned mutawalli.
(2) The notice referred to in sub-section (1) shall be served in such manner as may be prescribed.
(3) If, after considering the objections, received during the period specified in the notice, and after
conducting an inquiry in such manner as may be prescribed, the Chief Executive Officer is satisfied that
the property in question is
1
[waqf] property and that there has been an encroachment on any such
1
[waqf]
property,
2
[he may, make an application to the Tribunal for grant of order of eviction for removing] such
encroachment and deliver possession of the land, building, space or other property encroached upon to the
mutawalli of the
1
[waqf].
3
[(4) The Tribunal, upon receipt of such application from the Chief Executive Officer, for reasons to
be recorded therein, make an order of eviction directing that the waqf property shall be vacated by all
persons who may be in occupation thereof or any part thereof, and cause a copy of the order to be affixed
on the outer door or some other conspicuous part of the waqf property:
Provided that the Tribunal may before making an order of eviction, give an opportunity of being
heard to the person against whom the application for eviction has been made by the Chief Executive
Officer.
(5) If any person refuses or fails to comply with the order of eviction within forty-five days from the
date of affixture of the order under sub-section (2), the Chief Executive Officer or any other person duly
authorised by him in this behalf may evict that person from, and take possession of, the waqf property.]
55. Enforcement of orders made under section 54.—Where the person, ordered under
4
[sub-section (4)] of section 54 to remove any encroachment, omits or fails to remove such encroachment,
within the time specified in the order or, as the case may be, fails to vacate the land, building, space or
other property to which the order relates, within the time aforesaid, the Chief Executive Officer may
5
[refer the order of the Tribunal to the Executive Magistrate] within the local limits of whose jurisdiction
the land, building, space or other property, is situate for evicting the encroacher, and, thereupon, such
Magistrate shall make an order directing the encroacher to remove the encroachment, or, as the case may
be, vacate the land, building, space or other property and to deliver possession thereof to the concerned
mutawalli and in default of compliance with the order, remove the encroachment or, as the case may be,
evict the encroacher from the land, building, space or other property and may, for this purpose, take such
police assistance as may be necessary.
6
[55A. Disposal of property left on waqf property by unauthorised occupants.—(1) Where any
person has been evicted from any waqf property under sub-section (4) of section 54, the Chief Executive
Officer may, after giving fourteen days’ notice to the person from whom possession of the waqf property
has been taken and after publishing the notice in at least one newspaper having circulation in the locality
and after proclaiming the contents of the notice by placing it on conspicuous part of the waqf property,
remove or cause to be removed or dispose of by public auction any property remaining on such premises.
(2) Where any property is sold under sub-section (1), the sale proceeds shall, after deducting the
expenses relating to removal, sale and such other expenses, the amount, if any, due to the State
1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013).
2. Subs. by s. 32, ibid., for “he may, by an order, require the encroacher to remove” (w.e.f. 1-11-2013).
3. Subs. by s. 32, ibid., for sub-section (4) (w.e.f. 1-11-2013).
4. Subs. by s. 33, ibid., for “sub-section (3)” (w.e.f. 1-11-2013).
5. Subs. by s. 33, ibid., for “apply to the Sub-Divisional Magistrate” (w.e.f. 1-11-2013).
6. Ins. by s. 34, ibid. (w.e.f. 1-11-2013).
30
Government or a local authority or a corporate authority on account of arrears of rent, damages or costs,
be paid to such person, as may appear to the Chief Executive Officer to be entitled to the same:
Provided that where the Chief Executive Officer is unable to decide as to the person to whom the
balance of the amount is payable or as to the appointment of the same, he may refer such dispute to the
Tribunal and the decision of the Tribunal thereon shall be final.]
56. Restriction on power to grant lease of
1
[waqf] property.—(1)
2
[A lease for any period
exceeding thirty years] of any immovable property which is
1
[waqf] property, shall,
notwithstanding anything contained in the deed or instrument of
1
[waqf] or in any other law for the time
being in force, be void and of no effect:
3
[Provided that a lease for any period up to thirty years may be made for commercial activities,
education or health purposes, with the approval of the State Government, for such period and purposes as
may be specified in the rules made by the Central Government:
Provided further that lease of any immovable waqf property, which is an agricultural land, for a
period exceeding three years shall, notwithstanding anything contained in the deed or instrument of waqf
or in any other law for the time being in force, be void and of no effect:
Provided also that before making lease of any waqf property, the Board shall publish the details of
lease and invite bids in at least one leading national and regional news papers.]
(2)
4
[A lease for a period of one year but not exceeding thirty years] of immovable property which is
1
[waqf] property shall, notwithstanding anything contained in the deed or instrument of
1
[waqf] or in any
other law for the time being in force, be void and of no effect unless it is made with the previous
sanction of the Board.
(3) The Board shall, in granting sanction for lease
5
*** or renewal thereof under this section review
the terms and conditions on which the lease
5
*** is proposed to be granted or renewed and make its
approval subject to the revision of such terms and conditions in such manner as it may direct:
3
[Provided that the Board shall immediately intimate the State Government regarding a lease for any
period exceeding three years of any waqf property and thereafter it may become effective after the expiry
of forty-five days from the date on which the Board intimates the State Government.]
3
[(4) Every rule made by the Central Government under this section shall be laid, as soon as may be
after it is made, before each House of Parliament, while it is in session for a total period of thirty days,
which may be comprised in one session or in two or more successive sessions, and if, before the expiry of
the session immediately following the session or the successive sessions aforesaid, both Houses agree in
making any modification in the rule or both Houses agree that the rule should not be made, the rule shall
thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that
any such modification or annulment shall be without prejudice to the validity of anything previously done
under that rule.]
57. Mutawalli entitled to pay certain costs from income of
1
[waqf] property.—Notwithstanding
anything contained in the
1
[waqf] deed, every mutawalli may pay from the income of the
1
[waqf] property
any expenses properly incurred by him for the purpose of enabling him to furnish any particulars,
documents or copies under section 36 or any accounts under section 46 or any information or documents
required by the Board or for the purpose of enabling him to carry out the directions of the Board.
58. Power of Board to pay dues in case of default by mutawalli.—(1) Where a mutawalli refuses
to pay or fails to pay any revenue, cess, rates or taxes due to the Government or any local authority, the
Board may discharge dues from the
1
[Waqf] Fund and may recover the amount so paid from the
1
[waqf]
property and may also recover damages not exceeding twelve and a half per cent. of the amount so paid.
1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013).
2. Subs. by, s. 35, ibid., for “A lease or sub-lease for any period exceeding three years” (w.e.f. 1-11-2013).
3. Ins. by s. 35, ibid. (w.e.f. 1-11-2013).
4. Subs. by s. 35, ibid., for “A lease or sub-lease for any period exceeding one year and not exceeding three years”
(w.e.f. 1-11-2013).
5. The words “or sub-lease” omitted by s. 35, ibid. (w.e.f. 1-11-2013).
http://www.tnwakfboard.org/1995.43.htm#s36
http://www.tnwakfboard.org/1995.43.htm#s46
31
(2) Any sum of money due under sub-section (1) may, on a certificate issued by the Board after
giving the mutawalli concerned an opportunity of being heard, be recovered in the same manner as an
arrear of land revenue.
59. Creation of reserve fund.—For the purpose of making provisions for the payment of rent and of
revenue, cess, rates and taxes due to the Government or any local authority, for the discharge of the
expenses of the repair of the
1
[waqf] property and for the preservation of the
1
[waqf] property, the Board
may direct the creation and maintenance, in such manner as it may think fit, of a reserve fund from the
income of a
1
[waqf].
60. Extension of time.—The Board may, if its is satisfied that it is necessary so to do, extend the
time within which any act is required to be done by the mutawalli under this Act.
61. Penalties.—(1) If a mutawalli fails to—
(a) apply for the registration of a
2
[auqaf];
(b) furnish statements of particulars or accounts or returns as required under this Act;
(c) supply information or particulars as required by the Board;
(d) allow inspection of
1
[waqf] properties, accounts, records or deeds and documents relating
thereto;
(e) deliver possession of any
1
[waqf] property, if ordered by the Board or Tribunal;
(f) carry out the directions of the Board;
(g) discharge any public dues; or
(h) do any other act which he is lawfully required to do by or under this Act;
he shall, unless he satisfies the court or the Tribunal that there was reasonable cause for his failure, be
punishable with fine which may extend to
3
[ten thousand rupees for non-compliance of clauses (a) to (d)
and in case of non-compliance of clauses (e) to (h), he shall be punishable with imprisonment for a term
which may extend to six months and also with fine which may extend to ten thousand rupees].
(2) Notwithstanding anything contained in sub-section (1), if—
(a) a mutawalli omits or fails, with a view to concealing the existing of a
1
[waqf], to apply for its
registration under this Act,—
(i) in the case of a
1
[waqf] created before the commencement of this Act, within the period
specified therefor in sub-section (8) of section 36;
(ii) in the case of any
1
[waqf] created after such commencement, within three months from
the date of the creation of the
1
[waqf]; or
(b) a mutawalli furnishes any statement, return, or information to the Board, which he knows or
has reason to believe to be false, misleading, untrue or incorrect in any material particular,
he shall be punishable with imprisonment for a term which may extend to six months and also with fine
which may extend to fifteen thousand rupees.
(3) No court, shall take cognizance of an offence punishable under this Act save upon complaint
made by the Board or an officer duly authorised by the board in this behalf.
(4) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class
shall try any offence punishable under this Act.
(5) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the fine
imposed under sub-section (1), when realised, shall be credited to the
1
[Waqf] Fund.
(6) In every case where offender is convicted after the commencement of this Act, of an offence
punishable under sub-section (1) and sentenced to a fine, the court shall also impose such term of
imprisonment in default of payment of fine as is authorised by law for such default.
1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013).
2. Subs. by s. 4, ibid., for “wakfs” (w.e.f. 1-11-2013).
3. Subs. by s. 36, ibid., for “eight thousand rupees” (w.e.f. 1-11-2013).
http://www.tnwakfboard.org/1995.43.htm#s36_8
32
62. Mutawalli not to spend any money belonging to
1
[waqf] for self defence.—No mutawalli shall
spend any money out of the funds of the
1
[waqf], of which he is the mutawalli, for meeting any costs,
charges, or expenses which are or may be, incurred by him, in relation to any suit, appeal or any other
proceeding for, or incidental to, his removal from office or for taking any disciplinary action against
himself.
63. Power to appoint mutawallis in certain cases.—When there is a vacancy in the office of the
mutawalli of a
1
[waqf] and there is no one to be appointed under the terms of the deed of the
1
[waqf], or
where the right of any person to act as mutawalli is disputed, the board may appoint any person to act as
mutawalli for such period and on such conditions as it may think fit.
64. Removal of mutawalli.—(1) Notwithstanding anything contained in any other law or the deed of
1
[waqf], the Board may remove a mutawalli from his office if such mutawalli—
(a) has been convicted more than once of an offence punishable under section 61; or
(b) has been convicted of any offence of criminal breach of trust or any other offence involving
moral turpitude, and such conviction has not been reversed and he has not been granted full pardon
with respect to such offence; or
(c) is of unsound mind or is suffering from other mental or physical defect or infirmity which
would render him unfit to perform the functions and discharge the duties of a mutawalli; or
(d) is an undischarged insolvent; or
(e) is proved to be addicted to drinking liquor or other spirituous preparations, or is addicted to
the taking of any narcotic drugs; or
(f) is employed as paid legal practitioner on behalf of, or against, the
1
[waqf]; or
(g) has failed, without reasonable excuse, to maintain regular accounts for two consecutive years
or has failed to submit, in two consecutive years, the yearly statement of accounts, as required by
sub-section (2) of section 46; or
(h) is interested, directly or indirectly, in a subsisting lease in respect of any
1
[waqf] property, or
in any contract made with, or any work being done for, the
1
[waqf] or is in arrears in respect of any
sum due by him to such
1
[waqf]; or
(i) continuously neglects his duties or commits any misfeasance , malfeasance, misapplication of
funds or breach of trust in relation to the
1
[waqf] or in respect of any money or other
1
[waqf] property;
or
(j) wilfully and persistently disobeys the lawful orders made by the Central Government, State
Government, Board under any provision of this Act or rule or order made thereunder;
(k) misappropriates or fraudulently deals with the property of the
1
[waqf].
(2) The removal of a person from the office of the mutawalli shall not affect his personal rights, if
any, in respect of the
1
[waqf] property either as a beneficiary or in any other capacity or his right, if any,
as a sajjadanashin.
(3) No action shall be taken by the Board under sub-section (1), unless it has held an inquiry into the
matter in a prescribed manner and the decision has been taken by a majority of not less than two-thirds of
the members of the Board.
(4) A mutawalli who is aggrieved by an order passed under any of the clauses (c) to (i) of
sub-section (1), may, within one month from the date of the receipt by him of the order, appeal against the
order to the Tribunal and the decision of the Tribunal on such appeal shall be final.
(5) Where any inquiry under sub-section (3) is proposed, or commenced, against any mutawalli, the
Board may, if it is of opinion that it is necessary so to do in the interest of the
1
[waqf], by an order
suspend such mutawalli until the conclusion of the inquiry:
Provided that no suspension for a period exceeding ten days shall be made except after giving the
mutawalli a reasonable opportunity of being heard against the proposed action.
1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013).
http://www.tnwakfboard.org/1995.43.htm#s61
http://www.tnwakfboard.org/1995.43.htm#s46_2
33
(6) Where any appeal is filed by the mutawalli to the Tribunal under sub-section (4), the Board may
make an application to the Tribunal for the appointment of a receiver to manage the
1
[waqf] pending the
decision of the appeal, and where such an application is made, the Tribunal shall, notwithstanding
anything contained in the Code of Civil Procedure, 1908 (5 of 1908), appoint a suitable person as
receiver to manage the
1
[waqf] and direct the receiver so appointed to ensure that the customary or
religious rights of the mutawalli and of the
1
[waqf] are safeguarded.
(7) Where a mutawalli has been removed from his office under sub-section (1), the Board may, by
order, direct the mutawalli to deliver possession of the
1
[waqf] property to the Board or any officer duly
authorised in this behalf or to any person or committee appointed to act as the mutawalli of the
1
[waqf]
property.
(8) A mutawalli of a
1
[waqf] removed from his office under this section shall not be eligible for
re-appointment as a mutawalli of that
1
[waqf] for a period of five years from the date of such removal.
65. Assumption of direct management of certain
2
[auqaf] by the Board.—(1) Where no suitable
person is available for appointment as a mutawalli of a
1
[waqf], or where the Board is satisfied, for
reasons to be recorded by it in writing, that the filling up of the vacancy in the office of a mutawalli is
prejudicial to the interests of the
1
[waqf], the Board may, by notification in the Official Gazette, assume
direct management of the
1
[waqf] for such period or periods, not exceeding five years in the aggregate, as
may be specified in the notification.
(2) The State Government may, on its own motion or on the application of any person interested in
the
1
[waqf], call for the records of any case for the purpose of satisfying itself as to the correctness,
legality or propriety of the notification issued by the Board under sub-section (1) and pass such orders as
it may think fit and the orders so made by the State Government shall be final and shall be published in
the manner specified in sub-section (1).
(3) As soon as possible after the close of every financial year, the Board shall send to the State
Government a detailed report in regard to every
1
[waqf] under its direct management, giving therein—
(a) the details of the income of the
1
[waqf] for the year immediately preceding the year under
report;
(b) the steps taken to improve the management and income of the
1
[waqf];
(c) the period during which the
1
[waqf] has been under the direct management of the Board and
explaining the reasons as to why it has not been possible to entrust the management of the
1
[waqf] to
the mutawalli or any committee of management during the year; and
(d) such other matters as may be prescribed.
(4) The State Government shall examine the report submitted to it under sub-section (3), and after
such examination, issue such directions or instructions to the Board as it may think fit and the Board shall
comply with such directions or instructions on receipt thereof.
3
[(5) Notwithstanding anything contained in sub-section (1), the Board shall take over the
administration of a waqf, if the waqf Board has evidence before it to prove that management of the waqf
has contravened the provisions of this Act.]
66. Powers of appointment and removal of mutawalli when to be exercised by the State
Government.—Whenever a deed of
1
[waqf] or any decree or order of a court of any scheme of
management of any
1
[waqf] provides that a court or any authority other than a Board may appoint or
remove a mutawalli or settle or modify such scheme of management or otherwise exercise
superintendence over the
1
[waqf], then, notwithstanding anything contained in such deed of
1
[waqf],
decree, order or scheme, such powers aforesaid shall be exercisable by the State Government:
Provided that where a Board has been established, the State Government shall consult the Board
before exercising such powers.
1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013).
2. Subs. by s. 4, ibid., for “wakfs” (w.e.f. 1-11-2013).
3. Ins. by s. 37, ibid. (w.e.f. 1-11-2013).
34
67. Supervision and supersession of committee of Management.—(1) Whenever the supervision
or management of a
1
[waqf] is vested in any committee appointed by the
1
[waqf], then, notwithstanding
anything contained in this Act, such committee shall continue to function until it is superseded by the
Board or until the expiry of its term as may be specified by the
1
[waqf], whichever is earlier:
Provided that such committee shall function under the direction, control and supervision of the Board
and abide by such directions as the Board may issue from time to time:
Provided further that if the Board is satisfied that any scheme for the management of a
1
[waqf] by a
committee is inconsistent with any provision of this Act or of any rule made thereunder or with the
directions of the
1
[waqf], it may, at any time, modify the scheme in such manner as may be necessary to
bring it in conformity with the directions of the
1
[waqf] or of the provisions of this Act and the rules made
thereunder.
(2) Notwithstanding anything contained in this Act, and in the deed of the
1
[waqf], the Board may, if
it is satisfied, for reasons to be recorded in writing, that a committee, referred to in sub-section (1) is not
functioning properly and satisfactorily, or that the
1
[waqf] is being mismanaged and that in the interest of
its proper management, it is necessary so to do, by an order, supersede such committee, and, on such
supersession, any direction of the
1
[waqf], in so far as it relates to the constitution of the committee, shall
cease to have any force:
Provided that the Board shall, before making any order superseding any committee, issue a notice
setting forth therein the reasons for the proposed action and calling upon the Committee to show cause
within such time, not being less than one month, as may be specified in the notice, as to why such action
shall not be taken.
(3) Every order made by the Board under sub-section (2) shall be published in the prescribed manner
and on such publication shall be binding on the mutawalli and all persons having any interest in the
1
[waqf].
(4) Any order made by the Board under sub-section (2) shall be final:
Provided that any person aggrieved by the order made under sub-section (2) may, within sixty days
from the date of the order, appeal to the Tribunal:
Provided further that the Tribunal shall have no power to suspend the operation of the order made by
the Board pending such appeal.
(5) The Board shall, whenever it supersedes any committee under sub-section (2), constitute a new
committee of management simultaneously with the order made by it under sub-section (2).
(6) Notwithstanding anything contained in the foregoing sub-sections, the Board may, instead of
superseding any committee under sub-section (2), remove any member thereof if it is satisfied that such
member has abused his position as such member or had knowingly acted in a manner prejudicial to the
interests of the
1
[waqf], and every such order for the removal of any member shall be served upon him by
registered post:
Provided that no order for the removal of the member shall be made unless he has been given a
reasonable opportunity of showing cause against the proposed action:
Provided further that any member aggrieved by any order for his removal from the membership of the
committee may, within a period of thirty days from the date of service of the order on him, prefer an
appeal against such order to the Tribunal and Tribunal may, after giving a reasonable opportunity to the
appellant and the Board of being heard, confirm, modify or reverse the order made by the Board and the
order made by the Tribunal in such appeal shall be final.
68. Duty of mutawalli or committee to deliver possession of records, etc.—(1) Where any
mutawalli or committee of management has been removed by the Board in accordance with provisions of
this Act, or of any scheme made by the Board, the mutawalli or the committee so removed from the office
(hereinafter in this section referred to as the removed mutawalli or committee) shall hand over charge and
deliver possession of the records, accounts and all properties of the
1
[waqf] (including cash) to the
successor mutawalli or the successor committee, within one month from the date specified in the order.
1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013).
35
(2) Where any removed mutawalli or committee fails to deliver charge or deliver possession of the
records, accounts and properties (including cash) to the successor mutawalli or committee within the time
specified in sub-section (1), or prevents or obstructs such mutawalli or committee, from obtaining
possession thereof after expiry of the period aforesaid, the successor mutawalli or any member of the
successor committee may make an application, accompanied by a certified copy of the order appointing
such successor mutawalli or committee, to any
1
[District Magistrate, Additional District Magistrate,
Sub-Divisional Magistrate or their equivalent] within the local limits of whose jurisdiction any part of the
2
[waqf] property is situated and, thereupon such
1
[District Magistrate, Additional District Magistrate,
Sub-Divisional Magistrate or their equivalent] may, after giving notice to the removed mutawalli or
members of the removed committee, make an order directing the delivery of charge and possession of
such records, accounts and properties (including cash ) of the
2
[waqf] to the successor mutawalli or the
committee, as the case may be, within such time as may be specified in the order.
(3) Where the removed mutawalli or any member of the removed committee, omits or fails to deliver
charge and possession of the records, accounts and properties (including cash) within the time specified
by
3
[any Magistrate] under sub-section (2) the removed mutawalli or every member of the removed
committee, as the case may be, shall be punishable with imprisonment for a term which may extend to six
months or with fine which may extend to eight thousand rupees, or with both.
(4) Whenever any removed mutawalli or any member of the removed committee omits or fails to
comply with the orders made by
3
[any Magistrate] under sub-section (2),
3
[any Magistrate] may authorise
the successor mutawalli or committee to take charge and possession of such records, accounts, properties
(including cash) and may authorise such person to take such police assistance as may be necessary for the
purpose.
(5) No order of the appointment of the successor mutawalli or committee, shall be called in question
in the proceedings before
3
[any Magistrate] under this section.
(6) Nothing contained in this section shall bar the institution of any suit in a competent civil court by
any person aggrieved by any order made under this section, to establish that he has right, title and interest
in the properties specified in the order made by
3
[any Magistrate] under sub-section (2).
69. Power of Board to frame scheme for administration of
2
[waqf].—
4
[(1) Where the Board is
satisfied after an enquiry, whether on its own motion or on the application of not less than five persons
interested in any waqf, to frame a scheme for the proper administration of the waqf, it may, by an order,
frame such scheme for the administration of the waqf, after giving reasonable opportunity and after
consultation with the mutawalli or others in the prescribed manner.]
(2) A scheme framed under sub-section (1) may provide for the removal of the mutawalli of the
2
[waqf] holding office as such immediately before the date on which the scheme comes into force:
Provided that where any such scheme provides for the removal of any hereditary mutawalli, the
scheme shall also provide for the appointment of the person next in hereditary succession to the mutawalli
so removed, as one of the members of the committee appointed for the proper administration of the
2
[waqf].
(3) Every order made under sub-section (2) shall be published in the prescribed manner, and, on such
publication shall be final and binding on the mutawalli, and all persons interested in the
2
[waqf]:
Provided that any person aggrieved by an order made under this section may, within sixty days from
the date of the order, prefer an appeal to the Tribunal and after hearing such appeal, the Tribunal may
confirm, reverse or modify the order:
Provided further that the Tribunal shall have no power to stay the operation of the order made under
this section.
1. Subs. by Act 27 of 2013, s. 38, for “Magistrate of the first class” and “Magistrate” (w.e.f. 1-11-2013).
2. Subs. by s. 4, ibid., for “wakf” (w.e.f. 1-11-2013).
3. Subs. by s. 38, ibid., for “the Magistrate” (w.e.f. 1-11-2013).
4. Subs. by s. 39, ibid., for sub-section (1) (w.e.f. 1-11-2013).
36
(4) The Board may, at any time by an order, whether made before or after the scheme has come into
force, cancel or modify the scheme.
(5) Pending the framing of the scheme for the proper administration of the
1
[waqf], the Board may
appoint a suitable person to perform all or any of the functions of the mutawalli thereof and to exercise
the powers, and perform the duties, of such mutawalli.
70. Inquiry relating to administration of
1
[waqf].—Any person interested in a
1
[waqf] may make
an application to the Board supported by an affidavit to institute an inquiry relating to the administration
of the
1
[waqf] and if the Board is satisfied that there are reasonable grounds for believing that the affairs
of the
1
[waqf] are being mismanaged, it shall take such action thereon as it thinks fit.
71. Manner of holding inquiry.—(1) The Board may, either on an application received
under section
2
[70] or on its own motion,—
(a) hold an inquiry in such manner as may be prescribed; or
(b) authorise any person in this behalf to hold an inquiry into any matter relating to a
1
[waqf] and
take such action as it thinks fit.
(2) For the purposes of an inquiry under this section, the Board or any person authorised by it in this
behalf, shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908
(5 of 1908) for enforcing the attendance of witnesses and production of documents.
CHAPTER VII
FINANCE OF THE BOARD
72. Annual contribution payable to Board.—(1) The mutawalli of every
1
[waqf], the net annual
income of which is not less than five thousand rupees, shall pay annually, out of the net annual income
derived by the
1
[waqf], such contributions, not exceeding seven per cent. of such annual income, as may
be prescribed, to the Board for the services rendered by such Board to the
1
[waqf].
Explanation I .—For the purposes of this Act, “net annual income” shall mean the gross income of
the
1
[waqf] from all sources, including nazars and offerings which do not amount to contributions to the
corpus of the
3
[auqaf], in a year after deducting therefrom the following, namely:—
(i) the land revenue paid by it to the Government;
(ii) the rates, cesses, taxes and licence fees, paid by it to the Government or any local authority;
(iii) expenditure incurred for all or any of the
4
[in respect of lands directly under cultivation by
the mutawalli for the benefit of the waqf], namely:—
(a) maintenance of, or repairs to, irrigation works, which shall not include the capital cost of
irrigation;
(b) seeds or seedlings;
(c) manure;
(d) purchase and maintenance of agricultural implements;
(e) purchase and maintenance of cattle for cultivation;
(f) wages for ploughing, watering, sowing, transplanting, harvesting, threshing and other
agricultural operations:
Provided that the total deduction in respect of an expenditure incurred under this clause shall not
exceed
5
[twenty per cent.] of the income derived from lands belonging to the
1
[waqf]:
1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013).
2. Subs. by s. 40, ibid., for “73” (w.e.f. 1-11-2013).
3. Subs. by s. 4, ibid., for “wakfs” (w.e.f. 1-11-2013).
4. Subs. by s. 41, ibid., for “following purposes” (w.e.f. 1-11-2013).
5. Subs. by s. 41, ibid., for “ten per cent.” (w.e.f. 1-11-2013).
http://www.tnwakfboard.org/1995.43.htm#s73
37
1
[Provided further that no such deduction shall be permitted in respect of waqf land given on
lease, by whatever name called, whether batai or share cropping or any other name.]
(iv) expenditure on sundry repairs to rented buildings, not exceeding five per cent. of the annual
rent derived therefrom, or the actual expenditure, whichever is less;
(v) sale proceeds of immovable properties or rights relating to, or arising out of immovable
properties, if such proceeds are reinvested to earn income for the
2
[waqf]:
Provided that the following items of receipts shall not be deemed to be income for the purposes of
this section, namely:—
(a) advances and deposits recovered and loans taken or recovered;
(b) deposits made as security by employees, lessees or contractors and other deposits, if any;
(c) withdrawals from banks or of investments;
(d) amounts recovered towards costs awarded by courts;
(e) sale proceeds of religious books and publications where such sales are undertaken as an
un-remunerative enterprise with a view to propagating religion;
(f) donations in cash or kind or offerings made by the donors as contribution to the corpus of
the
2
[waqf]:
Provided that interest on income, if any, accruing from such donations or offerings shall be
taken into account in calculating the gross annual income;
(g) voluntary contributions received in cash or kind for a specific service to be performed by
the
2
[waqf] and expended on such service;
(h) audit recoveries;
Explanation II.—In determining the net annual income for the purposes of this section, only the net
profit derived by any
2
[waqf] from its remunerative undertakings, if any, shall be taken as income, and in
respect of its non-remunerative undertakings, such as, schools, colleges, hospitals, poor homes,
orphanages or any other similar institutions, the grants given by the Government or any local authority or
donations received from the public or fees collected from the pupils of educational institutions shall not
be taken as income.
(2) The Board may in the case of any mosque or orphanage or any particular
2
[waqf] reduce or remit
such contribution for such time as it thinks fit.
(3) The mutawalli of a
2
[waqf] may realise the contributions payable by him under sub-section (1)
from the various persons entitled to received any pecuniary or other material benefit from the
2
[waqf], but
the sum realisable from any one of such persons shall not exceed such amount as shall bear to the total
contribution payable, the same proportion, as the value of the benefits receivable by such person bears to
the entire net annual income of the
2
[waqf]:
Provided that if there is any income of the
2
[waqf] available in excess of the amount payable as dues
under this Act, other than as the contribution under sub-section (1), and in excess of the amount payable
under the
2
[waqf] deed, the contribution shall be paid out of such income.
(4) The contribution payable under sub-section (1) in respect of a
2
[waqf] shall, subject to the prior
payment of any dues to the Government or any local authority or of any other statutory first charge on the
2
[waqf] property or the income thereof, be a first charge on the income of the
2
[waqf] and shall be
recoverable, on a certificate issued by the Board after giving the mutawalli concerned an opportunity of
being heard, as an arrear of land revenue.
1. Ins. by Act 27 of 2013, s. 41 (w.e.f. 1-11-2013).
2. Subs. by s. 4, ibid., for “wakf” (w.e.f. 1-11-2013).
38
(5) If a mutawalli realises the income of the
1
[waqf] and refuses to pay or does not pay such
contribution, he shall also be personally liable for such contribution which may be realised from his
person or property in the manner aforesaid.
(6) Where, after the commencement of this Act, the mutawalli of a
1
[waqf] fails to submit a return of
the net annual income of the
1
[waqf] within the time specified therefor or submits a return which, in the
opinion of the Chief Executive Officer is incorrect or false in any material particular, or which does not
comply with the provisions of this Act or any rule or order made thereunder, the Chief Executive Officer
may assess the net annual income of the
1
[waqf] to the best of his judgment or revise the net annual
income as shown in the return submitted by the mutawalli and the net annual income as so assessed or
revised shall be deemed to be the net annual income of the
1
[waqf] for the purposes of this section:
Provided that no assessment of net annual income or revision of return submitted by mutawalli shall
be made except after giving a notice to the mutawalli calling upon him to show cause, within the time
specified in the notice, as to why such assessment or revision of the return shall not be made and every
such assessment or revision shall be made after considering the reply if any, given by the mutawalli.
(7) Any mutawalli who is aggrieved by the assessment or revision made by the Chief Executive
Officer, under sub-section (6), may prefer an appeal to the Board within thirty days from the date of the
receipt of the assessment or revision of return and the Board may, after giving the appellant a reasonable
opportunity of being heard, confirm, reverse or modify the assessment or revision or the return and the
decision of the Board thereon shall be final.
(8) If, for any reason, the contribution or any portion thereof leviable under this section has escaped
assessment in any year, whether before or after the commencement of this Act, the Chief Executive
Officer may, within five years from the last date of the year to which such escaped assessment relates
serve upon the mutawalli a notice assessing him with the contribution or portion thereof which had
escaped assessment, and demanding payment thereof within thirty days from the date of service of such
notice, and the provisions of this Act and the rules made thereunder, shall, as far as may be, apply as if the
assessments were made under this Act, in the first instance.
73. Power of Chief Executive Officer to direct banks or other person to make
payments.—(1) Notwithstanding anything contained in any other law for the time being in force, the
Chief Executive Officer, if he is satisfied that it is necessary and expedient so to do, make an order
directing any bank in which, or any person with whom any money belonging to a
1
[waqf] is deposited, to
pay the contribution, leviable under section 72, out of such money, as may be standing to the credit of the
1
[waqf] in such bank or may be deposited with such person, or out of the moneys which may, from time
to time, be received by bank or other person for or on behalf of the
1
[waqf] by way of deposit, and on
receipt of such orders, the bank or the other person, as the case may be, shall, when no appeal has been
preferred under sub-section (3), comply with such orders, or where an appeal has been preferred
under sub-section (3), shall comply, with the orders made by the Tribunal on such appeal.
(2) Every payment made by a bank or other person in pursuance of any order made under
sub-section (1), shall operate as a full discharge of the liability of such bank or other person in relation to
the sum so paid.
(3) Any bank or other person who is ordered under sub-section (1) to make any payment may, within
thirty days from the date of the order, prefer an appeal against such order to the Tribunal and the decision
of the Tribunal on such appeal shall be final.
(4) Every officer of the bank or other person who fails, without any reasonable excuse, to comply
with the order made under sub-section (1) or, as the case may be, under sub-section (3), shall be
punishable with imprisonment for a term which may extend to six months or with fine which may extend
to eight thousand rupees, or with both.
74. Deduction of contribution from perpetual annuity payable to the
1
[waqf].—(1) Every
authority empowered to disburse any perpetual annuity payable to a
1
[waqf] under any law relating to the
abolition of zamindars or jagirs, or laying down land ceilings, shall, on receipt of a certificate from the
Chief Executive Officer, specifying the amount of contribution payable by the
1
[waqf]
1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013).
http://www.tnwakfboard.org/1995.43.htm#s72
39
under section 72 which remains unpaid, deduct before making payment of the perpetual annuity to the
1
[waqf], the amount specified in such certificate and remit the amount so deducted to the Chief Executive
Officer.
(2) Every amount remitted under sub-section (1) to the Chief Executive Officer shall be deemed to be
a payment made by the
1
[waqf] and shall, to the extent of the amount so remitted, operate as a full
discharge of the liability of such authority with regard to the payment of the perpetual annuity.
75. Power of board to borrow.—(1) For the purpose of giving effect to the provisions of this Act,
the Board may, with the previous sanction of the State Government, borrow such sum of money and on
such terms and conditions as the State Government may determine.
(2) The Board shall repay the money borrowed, together with any interest or costs due in respect
thereof, according to the terms and conditions of the loan.
76. Mutawalli not to lend or borrow moneys without sanction.—(1) No mutawalli, Executive
Officer or other person in charge of the administration of a
1
[waqf] shall lend any money belonging to the
1
[waqf] or any
1
[waqf] property or borrow any money for the purposes of the
1
[waqf] except with the
previous sanction of the Board:
Provided that no such sanction is necessary if there is an express provision in the deed of
1
[waqf] for
such borrowing or lending, as the case may be.
(2) The Board may, while according sanction, specify any terms and conditions subject to which the
person referred to in sub-section (1) is authorised by him to lend or borrow any money or lend any other
1
[waqf] property.
(3) Where any money is lent or borrowed, or other
1
[waqf] property is lent in contravention of the
provisions of this section, it shall be lawful for the Chief Executive Officer,—
(a) to recover an amount equal to the amount which has been so lent or borrowed, together with
interest due thereon, from the personal funds of the person by whom such amount was lent or
borrowed;
(b) to recover the possession of the
1
[waqf] property lent in contravention of the provisions of this
Act, from the person to whom it was lent, or from persons who claim title to such property through
the person to whom such property was lent.
77.
1
[Waqf] Fund.—(1) All moneys received or realised by the Board under this Act and all other
moneys received as donations, benefactions or grants by the Board shall form a fund to be called the
1
[Waqf] Fund.
(2) All moneys received by the Board, as donations, benefactions and grants shall be deposited and
accounted for under a separate sub-head.
(3) Subject to any rules that may be made by the State Government in this behalf, the
1
[Waqf] Fund
shall be under the control of the Board, so, however, that the
1
[Waqf] Fund under the control of common
1
[Waqf] Board shall be subject to rules, if any, made in this behalf by the Central Government.
(4) The
1
[Waqf] Fund shall be applied to—
(a) repayment of any loan incurred under section 75 and payment of interest thereon;
(b) payment of the cost of audit of the
1
[Waqf] Fund and the accounts of
2
[auqaf];
(c) payment of the salary and allowances to the officers and staff of the Board;
(d) payment of traveling allowances to the Chairperson, members, of the Board;
(e) payment of all expenses incurred by the Board in the performance of the duties imposed, and
the exercise of the powers conferred, by or under this Act;
(f) payment of all expenses incurred by the Board for the discharge of any obligation imposed on
it by or under any law for the time being in force.
1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013).
2. Subs. by s. 4, ibid., for “wakfs” (w.e.f. 1-11-2013).
http://www.tnwakfboard.org/1995.43.htm#s72
http://www.tnwakfboard.org/1995.43.htm#s75
40
1
[(g) payment of maintenance to Muslim women as ordered by a court of competent jurisdiction
under the provisions of the Muslim Women (Protection of Rights on Divorce) Act, 1986
(25 of 1986).]
(5) If any balance remains after meeting the expenditure referred to in sub-section (4), the Board may
use any portion of such balance for the preservation and protection of
2
[waqf] properties or for such other
purposes as it may deem fit.
78. Budget of Board.—(1) The Board shall in every year prepare, in such form and at such time as
may be prescribed, a budget for the next financial year showing the estimated receipts and expenditure
during that financial year and forward a copy of the same to the State Government.
(2) On receipt of the budget forwarded to it under sub-section (1), the State Government shall
examine the same and suggest such alterations, corrections or modifications to be made therein as it may
think fit and forward such suggestions to the Board for its consideration.
(3) On receipt of the suggestions from the State Government the Board may make written
representations to that Government with regard to the alterations, corrections or modifications suggested
by that Government and the State Government shall, after considering such representations,
communicate, within a period of three weeks from the date of receipt thereof, to the Board its final
decision in relation to the matter and the decision of the State Government shall be final.
(4) On receipt of the decision of the State Government under sub-section (3), the Board shall
incorporate in its budget all the alterations, corrections, modifications finally suggested by the State
Government and the budget as so altered, corrected or modified, shall be the budget which shall be passed
by the Board.
79. Accounts of Board.—The Board shall cause to be maintained such books of account and other
books in relation to its accounts in such form and in such manner as may be provided by regulations.
80. Audit of accounts of Board.—(1) The accounts of the Board shall be audited and examined
annually by such auditor as may be appointed by the State Government.
(2) The auditor shall submit his report to the State Government and the report of the auditor shall,
among other things, specify whether the accounts of every
2
[waqf] under the direct management of the
Board have been kept separately and whether such accounts have been audited annually by the State
Examiner of Local Funds and shall also specify all cases of irregular, illegal or improper expenditure or of
failure to recover money or other property caused by neglect or misconduct and any other matter which
the auditor considers it necessary to report; and the report shall also contain the name of any person who,
in the opinion of the auditor is responsible for such expenditure or failure and the auditor shall in every
such case certify the amount of such expenditure or loss as due from such person.
(3) The cost of the audit shall be paid from the
2
[Waqf] Fund.
81. State Government to pass orders on auditor’s report.—The State Government shall examine
the auditor’s report and may call for the explanation of any person in regard to any matter mentioned
therein, and shall pass such orders on the report as it thinks fit
3
[and a copy of the said auditor’s report,
along with orders shall be forwarded by the State Government to the Council within a period of thirty
days of laying of such report before each House of the State Legislature where it consists of two Houses
or where such Legislatures consist of one House, before that House].
82. Dues of Board to be recovered as arrears of land revenue.—(1) Every sum certified to be due
from any person by an auditor in his report under section 80, be paid by such person within sixty days
after service of a demand notice by the Board.
(2) If such payment is not made in accordance with the provisions of sub-section (1), the sum payable
may, on a certificate issued by the Board, after giving the person concerned an opportunity of being
heard, be recovered as an arrear of land revenue.
1. Ins. by Act 27 of 2013, s. 42 (w.e.f. 1-11-2013).
2. Subs. by s. 4, ibid., for “wakf” (w.e.f. 1-11-2013).
3. Subs. by s. 43, ibid., for “as it thinks fit” (w.e.f. 1-11-2013).
http://www.tnwakfboard.org/1995.43.htm#s80
41
CHAPTER VIII
JUDICIAL PROCEEDINGS
83. Constitution of Tribunals, etc.—
1
[(1) The State Government shall, by notification in the Official
Gazette, constitute as many Tribunals as it may think fit, for the determination of any dispute, question or
other matter relating to a waqf or waqf property, eviction of a tenant or determination of rights and
obligations of the lessor and the lessee of such property, under this Act and define the local limits and
jurisdiction of such Tribunals.]
(2) Any mutawalli person interested in a
2
[waqf] or any other person aggrieved by an order made
under this Act, or rules made thereunder, may make an application within the time specified in this Act or
where no such time has been specified, within such time as may be prescribed, to the Tribunal for the
determination of any dispute, question or other matter relating to the
2
[waqf].
(3) Where any application made under sub-section (1) relates to any
2
[waqf] property which falls
within the territorial limits of the jurisdiction of two or more Tribunals, such application may be made to
the Tribunal within the local limits of whose jurisdiction the mutawalli or any one of the mutawallis of
the
2
[waqf] actually and voluntarily resides, carries on business or personally works for gain, and, where
any such application is made to the Tribunal aforesaid, the other Tribunal or Tribunals having jurisdiction
shall not entertain any application for the determination of such dispute, question or other matter:
Provided that the State Government may, if it is of opinion that it is expedient in the interest of the
2
[waqf] or any other person interested in the
2
[waqf] or the
2
[waqf] property to transfer such application
to any other Tribunal having jurisdiction for the determination of the dispute, question or other matter
relating to such
2
[waqf] or
2
[waqf] property, transfer such application to any other Tribunal having
jurisdiction, and, on such transfer, the Tribunal to which the application is so transferred shall deal with
the application from the stage which was reached before the Tribunal from which the application has been
so transferred, except where the Tribunal is of opinion that it is necessary in the interest of justice to deal
with the application afresh.
3
[(4) Every Tribunal shall consist of—
(a) one person, who shall be a member of the State Judicial Service holding a rank, not below that
of a District, Sessions or Civil Judge, Class I, who shall be the Chairman;
(b) one person, who shall be an officer from the State Civil Services equivalent in rank to that of
the Additional District Magistrate, Member;
(c) one person having knowledge of Muslim law and jurisprudence, Member;
and the appointment of every such person shall be made either by name or by designation.
(4A) The terms and conditions of appointment including the salaries and allowances payable to the
Chairman and other members other than persons appointed as ex officio members shall be such as may be
prescribed.]
(5) The Tribunal shall be deemed to be a civil court and shall have the same powers as may be
exercised by a civil court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit, or
executing a decree or order.
(6) Notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908), the
Tribunal shall follow such procedure as may be prescribed.
(7) The decision of the Tribunal shall be final and binding upon the parties to the application and it
shall have the force of a decree made by a civil court.
(8) The execution of any decision of the Tribunal shall be made by the civil court to which such
decision is sent for execution in accordance with the provisions of the Code of Civil Procedure, 1908
(5 of 1908).
1. Subs. by Act 27 of 2013, s. 44, for sub-section (1) (w.e.f. 1-11-2013).
2. Subs. by s. 4, ibid., for “wakf” (w.e.f. 1-11-2013).
3. Subs. by s. 44, ibid., for sub-section (4) (w.e.f. 1-11-2013).
42
(9) No appeal shall lie against any decision or order whether interim or otherwise, given or made by
the Tribunal:
Provided that a High Court may, on its own motion or on the application of the Board or any person
aggrieved, call for and examine the records relating to any dispute, question or other matter which has
been determined by the Tribunal for the purpose of satisfying itself as to the correctness, legality or
propriety of such determination and may confirm, reverse or modify such determination or pass such
other order as it may think fit.
84. Tribunal to hold proceedings expeditiously and to furnish to the parties copies of its
decision.—Whenever an application is made to a Tribunal for the determination of any dispute, question
or other matter relating to a
1
[waqf] or
1
[waqf] property it shall hold its proceedings as expeditiously as
possible and shall as soon as practicable, on the conclusion of the hearing of such matter give its decision
in writing and furnish a copy of such decision to each of the parties to the dispute.
85. Bar of jurisdiction of civil courts.—No suit or other legal proceeding shall lie in any
2
[civil court, revenue court and any other authority] in respect of any dispute, question or other matter
relating to any
1
[waqf],
1
[waqf] property or other matter which is required by or under this Act to be
determined by a Tribunal.
86. Appointment of a receiver in certain cases.—Notwithstanding anything contained in the Code
of Civil Procedure, 1908 (5 of 1908), or in any other law for the time being in force, where any suit or
other legal proceeding is instituted or commenced—
(a) by or on behalf of a Board—
(i) to set aside the sale of any immovable property, which is
1
[waqf] property, in execution of
a decree or order of a civil court;
(ii) to set aside the transfer of any immovable property, which is
1
[waqf] property, made by
the mutawalli thereof, whether for valuable consideration or not, without or otherwise than in
accordance with, the sanction of the Board;
(iii) to recover possession of the property referred to in clause (a) or clause (b) or to restore
possession of such property to the mutawalli of the concerned
1
[waqf]; or
(b) by a mutawalli to recover possession of immovable property, which is
1
[waqf] property,
which has been transferred by a previous mutawalli
3
[or by any other person], whether for valuable
consideration or not, without otherwise than in accordance with the sanction of the Board, and which
is in the possession of the defendant,
the court may, on the application of the plaintiff, appoint a receiver of such property and direct such
receiver to pay from time to time to the plaintiff, out of the income of the property, such amount as the
court may consider to be necessary for further prosecution of the suit.
87. [Bar to the enforcement of right on behalf of unregistered wakfs.] Omitted by the Wakf
(Amendment) Act, 2013 (27 of 2013), s. 47 (w.e.f. 1-11-2013).
88. Bar to challenge the validity of any notification, etc.—Save as otherwise expressly provided in
this Act, no notification or order or decision made, proceeding or action taken, by the Central
Government or the State Government under this Act or any rule made thereunder shall be questioned in
any Civil Court.
89. Notice of suits by parties against Board.—No suit shall be instituted against the Board in
respect of any act purporting to be done by it in pursuance of this Act or of any rules made thereunder,
until the expiration of two months next after notice in writing has been delivered to, or left at, the office of
the Board, stating the cause of action, the name, description and place of residence of the plaintiff and the
relief which he claims; and the plaint shall contain a statement that such notice has been so delivered or
left.
1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013).
2. Subs. by s. 45, ibid., for “civil court” (1) (w.e.f. 1-11-2013).
3. Ins. by s. 46, ibid. (w.e.f. 1-11-2013).
43
90. Notice of suits, etc., by courts.—(1) In every suit or proceeding relating to a title to or possession
of a
1
[waqf] property or the right of a mutawalli or beneficiary, the court or Tribunal shall issue notice to
the Board at the cost of the party instituting such suit or proceeding.
(2) Whenever any
1
[waqf] property is notified for sale in execution of a decree of a civil court or for
the recovery of any revenue, cess, rates of taxes due to the Government or any local authority, notice shall
be given to the Board by the court, Collector or other person under whose order the sale is notified.
(3) In the absence of a notice under sub-section (1), any decree or order passed in the suit or
proceeding shall be declared void, if the Board, within
2
[six month] of its coming to know of such suit or
proceeding, applies to the court in this behalf.
(4) In the absence of a notice under sub-section (2), the sale shall be declared void, if the Board,
within one month of its coming to know of the sale, applies in this behalf to the court or other authority
under whose order the sale was held.
91. Proceedings under Act 1 of 1894.—(1) If, in the course of proceedings under the Land
Acquisition Act, 1894 or under any law for the time being in force relating to the acquisition of land or
other property,
3
[and before an award is made, in case the property] under acquisition is
1
[waqf] property,
a notice of such acquisition shall be served by Collector on the Board and further proceedings shall be
stayed to enable the Board to appear and plead as a party to the proceeding at any time within three
months from the date of the receipt of such notice.
Explanation.—The reference to the Collector in the foregoing provisions of this sub-section shall, in
relation to any other law referred to therein, be construed, if the Collector is not the competent authority
under such other law to make an award of the compensation or other amount payable for acquisition of
land or other property thereunder, as a reference to the authority under such other law competent to make
such award.
(2) Where the Board has reason to believe that any property under acquisition is
1
[waqf] property, it
may at any time before the award is made appear and plead as a party to the proceeding.
(3) When the Board has appeared under the provisions of sub-section (1) or sub-section (2), no order
shall be passed under section 31 or section 32 of the Land Acquisition Act, 1894 or under the
corresponding provisions of the other law referred to in sub-section (1) without giving an opportunity to
the Board to be heard.
(4) Any order passed under section 31 or section 32 of the Land Acquisition Act, 1894 or under the
corresponding provisions of the other law referred to in sub-section (1) without giving an opportunity to
the Board to be heard, shall be declared void if the Board, within one month of its coming to know of the
order, applies in this behalf to the authority which made the order.
92. Board to be party to suit or proceeding.—In any suit or proceeding in respect of a
1
[waqf] or
any
1
[waqf] property the Board may appear and plead as a party to the suit or proceeding.
93. Bar to compromise of suits by or against mutawallis.—No suit or proceeding in any court by
or against the mutawalli of a
1
[waqf] relating to title to
1
[waqf] property or the rights of the mutawalli
shall be compromised without the sanction of the Board.
94. Power to make application to the Tribunal in case of failure of mutawalli to discharge his
duties.—(1) Where a mutawalli is under an obligation to perform any act which is recognised by Muslim
law as pious, religious or charitable and the mutawalli fails to perform such act, the Board may apply to
the Tribunal for an order directing the mutawalli to pay to the Board or to any person authorised by the
Board in this behalf the amount necessary for the performance of such act.
(2) Where a mutawalli is under an obligation to discharge any other duties imposed on him under the
1
[waqf] and the mutawalli wilfully fails to discharge such duties, the Board or any person interested in the
1
[waqf] may make an application to the Tribunal and the Tribunal may pass such order thereon as it thinks
fit.
1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013).
2. Subs. by s. 48, ibid., for “one month” (w.e.f. 1-11-2013).
3. Subs. by s. 49, ibid., for “it appears to the Collector before an award is made that any property” (w.e.f. 1-11-2013).
44
95. Power of appellate authority to entertain appeal after expiry of specified period.—Where,
under this Act any period has been specified for the filing of any appeal, the appellate authority may, if it
is satisfied that the appellant was prevented by sufficient cause from preferring the appeal within the
period so specified, entertain the appeal after the expiry of the said period.
CHAPTER IX
MISCELLANEOUS
96. Power of Central Government to regulate secular activities of
1
[auqaf].—(1) For the purpose
of regulating the secular activities of
1
[auqaf], the Central Government shall have the following powers
and functions, namely:—
(a) to lay down general principles and policies of
2
[waqf] administration in so far as they relate to
the secular activities of the
1
[auqaf];
(b) to co-ordinate the functions of the Central
2
[Waqf] Council and the Board, in so far as they
relate to their secular functions;
(c) to review administration of the secular activities of
1
[auqaf] generally and to suggest
improvements, if any.
(2) In exercising its powers and functions under sub-section (1), the Central Government may call for
any periodic or other reports from any Board and may issue to the Board such directions as it may think
fit and the Board shall comply with such directions.
Explanation.—For the purposes of this section “secular activities” shall include social, economic,
educational and other welfare activities.
97. Directions by State Government.—Subject to any directions issued by the Central Government
under section 96, 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 such directions:
3
[Provided that the State Government shall not issue any direction being contrary to any waqf deed or
any usage; practice or custom of the waqf.]
98. Annual report by State Government.—As soon as may be after the close of a financial year, the
State Government shall cause a general annual report on the working and administration of the State
2
[Waqf] Board and the Administration of
1
[auqaf] in the State during that year to be prepared and laid
before each House of the State Legislature where it consists of two Houses, or where such legislature
consists of one House, before that House, and every such report shall be in such form and shall contain
such matters as may be provided by regulations.
99. Power to supersede Board.—(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, or has wilfully and without sufficient cause failed to comply
with any direction issued by the Central Government under section 96 or the State Government
under section 97, or if the State Government is satisfied on consideration of any report submitted after
annual inspection, that the Board’s continuance is likely to be injurious to the interests of the
1
[auqaf] in
the State, the State Government may, by notification in the Official Gazette, supersede the Board for a
period not exceeding six months:
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:
4
[Provided further that the power of the State Government under this section shall not be exercised
unless there is a prima facie evidence of financial irregularity, misconduct or violation of the provisions
of this Act.]
1. Subs. by Act 27 of 2013, s. 4, for “wakfs” (w.e.f. 1-11-2013).
2. Subs. by s. 4, ibid., for “wakf” (w.e.f. 1-11-2013).
3. Ins. by s. 50, ibid. (w.e.f. 1-11-2013).
4. Ins. by s. 51, ibid. (w.e.f. 1-11-2013).
http://www.tnwakfboard.org/1995.43.htm#s96
http://www.tnwakfboard.org/1995.43.htm#s97
45
(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 supersession, 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 supersession, be exercised and
performed by such person or persons as the State Government may direct; and
(c) all properties vested in the Board shall, during the period of supersession vest in the State
Government.
(3) On the expiration of the period of supersession specified in the notification issued under
sub-section (1), the State Government may—
1
[(a) extend the period of supersession by another six months with reasons to be recorded in
writing and, the period of continuous supersession shall not exceed more than a year; or]
(b) reconstitute the Board in the manner provided in section 14.
100. Protection of action taken in good faith.—No suit or other legal proceeding shall lie against
the board or Chief Executive Officer or Survey Commissioner or any other person duly appointed under
this Act in respect of anything which is in good faith done or intended to be done under this Act.
101. Survey Commissioner, members and officers of the Board, deemed to be public servants.—
(1) The Survey Commissioner, members of the Board, every officer, every auditor of the Board and every
other person duly appointed to discharge any duties imposed on him by this Act or any rule or order made
thereunder, shall be deemed to be public servants within the meaning of section 21 of the Indian Penal
Code (45 of 1860).
(2) Every mutawalli of a
2
[waqf], every member of managing committee, whether constituted by the
Board or under any deed of
2
[waqf], every Executive Officer and every person holding any office in a
3
[waqf] shall also be deemed to be a public servant within the meaning of section 21 of the Indian Penal
Code (45 of 1860).
102. Special provision for reorganisation of certain Boards.—(1) Where on account of the
reorganisation of States under any law providing reorganisation of States, the whole or any part of a State
in respect of which a Board was, immediately before the day of such reorganisation, 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 as an Intra-State Board for the whole or any part of that State, the State Government may
frame a scheme or such dissolution or such reconstitution, 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,
3
[after
consulting the Council and 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 in any manner whatsoever 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;
1. Subs. by Act 27 of 2013, s. 51, for clause (a) (w.e.f. 1-11-2013).
2. Subs. by s. 4, ibid., for “wakf” (w.e.f. 1-11-2013).
3. Subs. by s. 52, ibid., for “after consulting the State Governments” (w.e.f. 1-11-2013).
http://www.tnwakfboard.org/1995.43.htm#s14
46
(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 employee of the Board to or by, any such transferee and
subject to the provisions of law providing for the reorganisation of the concerned State, the terms and
conditions of service applicable to such employees after such transfer or re-employment; and
(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 the
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.
(6) Every order made under this section shall be laid before each House of Parliament, as soon as may
be, after it is made.
103. Special provision for establishment of Board for part of a State.—(1) Where on account of
the territorial changes brought about by any law providing for the reorganisation of any State, this Act is
as from the date on which that law comes into force 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 of 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.
104. Application of Act to properties given or donated by persons not professing Islam for
support of certain
1
[waqf].—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
1
[waqf] being—
(a) a mosque, idgah, imambara, dargah, khangah or a maqbara;
(b) a Muslim graveyard;
(c) a choultry or a musafirkhana,
then such property shall be deemed to be comprised in that
1
[waqf] and be dealt in the same manner as the
1
[waqf] in which it is so comprised.
2
[104A. Prohibition of sale, gift, exchange, mortgage or transfer of waqf
property.—(1) Notwithstanding anything contained in this Act or any other law for the time being in
force or any waqf deed, no person shall sell, gift, exchange, mortgage or transfer any movable or
immovable property which is a waqf property to any other person.
(2) Any sale, gift, exchange, mortgage or transfer of property referred to in sub-section (1) shall be
void ab initio.]
3
[104B. Restoration of waqf properties in occupation of Government agencies to waqf Board.—
(1) If any waqf property has been occupied by the Government agencies it shall be returned to the Board
or the mutawalli within a period of six months from the date of the order of the Tribunal.
1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013).
2. Ins. by s. 53, ibid. (w.e.f. 1-11-2013).
3. Ins. by s. 54, ibid. (w.e.f. 1-11-2013).
47
(2) The Government agency may, if the property is required for a public purpose, make an application
for determination of the rent, or as the case may be, the compensation, by the Tribunal at the prevailing
market value.]
105. Power of Board and Chief Executive Officer to require copies of documents, etc., to be
furnished.—Notwithstanding anything contained in any law for the time being in force, it shall be lawful
for the Board or the Chief Executive Officer to require any person having the custody of any record,
register, report or other document relating to a
1
[waqf] or any immovable property, which is
1
[waqf]
property, to furnish, subject to the payment of necessary costs, copies of, or extracts from, any such
record, register, report or document and every person to whom such a requisition is made, shall furnish, as
soon as may be practicable, to the Board or Chief Executive Officer, copies or extracts from the required
record, register, report or other document.
106. Powers of Central Government to constitute common Boards.—(1) Where the Central
Government is satisfied that by reasons of—
(i) the smallness of the Muslim population in two or more States,
(ii) the slender resources of the
2
[Auqaf] in such States, and
(iii) the disproportion between the number and income of the
2
[auqaf] and the Muslim population
in such States,
it is expedient in the interests of the
2
[auqaf] in the States and the Muslim population of such States, to
have, instead of separate Boards for each of such States, a common Board, it may,
3
[after consultation
with the Council and the Government] of each of the concerned States, establish, by notification in the
Official Gazette, a common Board for such States as it may deem fit, and may, by the same or any
subsequent notification specify the place at which the principal office of such common Board shall be
located.
(2) Every common Board established under sub-section (1) shall, as far as practicable, consist of the
persons specified in sub-section (1) or, as the case may be, sub-section (7) of section 14.
(3) Whenever any common Board is established under sub-section (1)—
(a) all powers vested in the State Government under any deed of
1
[waqf] or any provision of law
for the time being in force relating to
2
[auqaf], shall stand transferred to, and vested in, the Central
Government and, thereupon, references in such deed of
1
[waqf] or law to the State Governments shall
be construed as references to the Central Government:
Provided that while establishing a common Board for two or more States, the Central
Government shall ensure, that at least one representative of each of the concerned States is included
as a member of the Board;
(b) references in this Act to a State shall be construed as references to each of the States for which
the common Board has been established;
(c) the Central Government may, without prejudice to any rule applicable to a Board in a State,
may, by notification in the Official Gazette, rules regulating the conduct of business by, and affairs
of, the common Board.
(4) The common Board shall be a body corporate, with objects not confined to one State, 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 specified by the Central Government, and
shall by the said name sue or be sued.
107. Act 36 of 1963 not to apply for recovery of
1
[waqf] properties.—Nothing contained in the
Limitation Act, 1963 shall apply to any suit for possession of immovable property comprised in any
1
[waqf] or for possession of any interest in such property.
1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013).
2. Subs. by s. 4, ibid., for “wakfs” (w.e.f. 1-11-2013).
3. Subs. by s. 55, ibid., for “after consultation with the Government” (w.e.f. 1-11-2013).
http://www.tnwakfboard.org/1995.43.htm#s14_7
48
108. Special provision as to evacuee
1
[waqf] properties.—The provisions of this Act shall apply,
and shall be deemed always to have applied, in relation to any evacuee property within the meaning of
clause (f) of section 2 of the Administration of Evacuee Property Act, 1950 (31 of 1950) which
immediately before it became such evacuee property within the said meaning was property comprised in
any
1
[waqf] and, in particular any entrustment (whether by transfer of any documents or in any other
manner and whether generally or for specified purpose) of any such property to a Board made before the
commencement of this Act in pursuance of the instructions of the Custodian under the Administration of
Evacuee Property Act, 1950 shall have, and shall be deemed always to have had, notwithstanding
anything contained in any other provision of this Act, effect as if such entrustment had operated to—
(a) vest such property in such Board in the same manner and with the same effect as in a trustee
of such property for the purposes of sub-section (1) of section 11 of the Administration of Evacuee of
Property Act, 1950 (31 of 1950), with effect from the date of such entrustment, and
(b) authorise such Board to assume direct management of the
1
[waqf] concerned for so long as it
might deem necessary.
2
[108A. Act to have overriding effect.—The provisions of this Act shall have overriding effect
notwithstanding anything inconsistent therewith contained in any other law for the time being in force or
in any instrument having effect by virtue of any law other than this Act.]
109. Power to make rules.—(1) The State Government may, by notification in the Official Gazette,
make rules to carry out the purposes of this Act, other than those of Chapter III.
(2) In particular, and without prejudice to the generality of the foregoing powers, such rules may
provide for all or any of the following matters, namely:—
3
[(i) the qualifications required to be fulfilled by a person to be appointed as a mutawalli under
clause (i) of section 3;
(ia) other particulars which the report of the Survey Commissioner may contain under clause (f)
of sub-section (3) of section 4;]
(ii) any other matter under clause (f) of sub-section (4) of section 4;
(iii) the particulars which a list of
4
[Auqaf] published under sub-section (2) of section 5, may
contain;
(iv) the manner of election of members of the Board by means of a single transferable vote,
5
[under sub-section (1) of ] sub-section (2) of section 14;
(v) the terms and conditions of service of the Chief Executive Officer under sub-section (2) of
section 23;
(vi) the conditions and restrictions subject to which the Chief Executive Officer or any other
officer may inspect any public office, records or registers under section 29;
6
[(via) the period within which the mutawalli or any other person may produce documents related
to waqf properties under sub-section (2) of section 31;
(vib) the conditions under which an agency of the Government or any other organisation may
supply copies of records, registers and other documents under sub-section (3) of section 31;]
(vii) the conditions subject to which an Executive Officer and supporting staff may be appointed
under sub-section (1) of section 38;
(viii) the manner in which an inquiry may be held by the Chief Executive Officer under
sub-section (1) of section 39;
1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013).
2. Ins. by s. 56, ibid. (w.e.f. 1-11-2013).
3. Subs. by s. 57, ibid., for clause (i) (w.e.f. 1-11-2013).
4. Subs. by s. 4, ibid., for “wakfs” (w.e.f. 1-11-2013).
5. Subs. by s. 57, ibid., for “under” (w.e.f. 1-11-2013).
6. Ins. by s. 57, ibid. (w.e.f. 1-11-2013).
http://www.tnwakfboard.org/1995.43.htm#ChIII
http://www.tnwakfboard.org/1995.43.htm#s4_4f
http://www.tnwakfboard.org/1995.43.htm#s5_2
http://www.tnwakfboard.org/1995.43.htm#s14_2
http://www.tnwakfboard.org/1995.43.htm#s23_2
http://www.tnwakfboard.org/1995.43.htm#s23_2
http://www.tnwakfboard.org/1995.43.htm#s29
http://www.tnwakfboard.org/1995.43.htm#s38
http://www.tnwakfboard.org/1995.43.htm#s39
49
(ix) the form in which, and the time within which, a separate budget for
1
[Auqaf] under the direct
management of the Board shall be prepared under sub-section (1) of section 45;
(x) the interval at which accounts of
1
[Auqaf] may be audited in pursuance of the provisions of
sub-section (1) of section 47;
2
* * * * *
(xii) the guidance subject to which the Collector shall recover the property transferred in
contravention of the provisions of this Act, under section 52;
(xiii) the manner of service of notice issued under sub-section (1) of section 54 and the manner in
which any inquiry is to be made under sub-section (3) of that section;
(xiv) the manner in which any inquiry may be held under section 64 or section 71;
(xv) the other matters which may be specified in the report submitted under sub-section (3) of
section 65;
(xvi) the manner of publication of order made under sub-section (2) of section 67;
(xvii) the manner in which consultation may be made with mutawalli under sub-section (1) of
section 69;
(xviii) the manner of publication of order made under sub-section (3) of section 69;
(xix) the rate at which contribution is to be made by a mutawalli under section 72;
(xx) the payment of moneys into the
3
[Waqf] Fund, the investment, the custody and disbursement
of such moneys under section 77;
(xxi) the form in which, and the time within which, the budget of the Board may be prepared and
submitted under section 78;
(xxii) the time within which application is to be made to the Tribunal under sub-section (2) of
section 83;
4
[(xxiia) the terms and conditions of appointment including the salaries and allowances payable to
the Chairman and other members other than persons appointed as ex officio members under
sub-section (4A) of section 83;]
(xxiii) the procedure which the Tribunal shall follow under sub-section (6) of section 83;
(xxiv) the form in which the annual report is to be submitted and the matters which such report
shall contain under section 98; and
(xxv) any other matter which is required to be, or may be, prescribed.
110. Powers to make regulations by the Board.—(1) The Board may, with previous sanction of the
State Government, make regulations not inconsistent with this Act or the rules made thereunder, 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 places of the meetings of the Board under sub-section (1) of section 17;
(b) the procedure and conduct of business at the meetings of the Board;
(c) the constitution and functions of the committees and 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 Chairperson or members of the Board or members of
committees;
(e) the terms and conditions of service of the officers and other employees of the Board
under sub-section (2) of section 24;
1. Subs. by Act 27 of 2013, s. 4, for “wakfs” (w.e.f. 1-11-2013).
2. Cl. (xi) omitted by s. 57, ibid. (w.e.f. 1-11-2013).
3. Subs. by s. 4, ibid., for “wakf” (w.e.f. 1-11-2013).
4. Ins. by s. 57, ibid. (w.e.f. 1-11-2013).
http://www.tnwakfboard.org/1995.43.htm#s45
http://www.tnwakfboard.org/1995.43.htm#s52
http://www.tnwakfboard.org/1995.43.htm#s54
http://www.tnwakfboard.org/1995.43.htm#s54_3
http://www.tnwakfboard.org/1995.43.htm#s64
http://www.tnwakfboard.org/1995.43.htm#s71
http://www.tnwakfboard.org/1995.43.htm#s65_3
http://www.tnwakfboard.org/1995.43.htm#s65_3
http://www.tnwakfboard.org/1995.43.htm#s67_2
http://www.tnwakfboard.org/1995.43.htm#s69_3
http://www.tnwakfboard.org/1995.43.htm#s72
http://www.tnwakfboard.org/1995.43.htm#s77
http://www.tnwakfboard.org/1995.43.htm#s78
http://www.tnwakfboard.org/1995.43.htm#s83_2
http://www.tnwakfboard.org/1995.43.htm#s83_2
http://www.tnwakfboard.org/1995.43.htm#s83_6
http://www.tnwakfboard.org/1995.43.htm#s98
http://www.tnwakfboard.org/1995.43.htm#s17
http://www.tnwakfboard.org/1995.43.htm#s24_2
50
(f) the forms of application for registration of
1
[Auqaf] further particulars to be contained therein
and the manner and place of registration of
1
[Auqaf] under sub-section (3) of section 36;
(g) further particulars to be contained in the register of
1
[Auqaf] under Section 37;
(h) the form in which, and the time within which, the budgets of
1
[Auqaf] may be prepared and
submitted by the Mutawalli and approved by the Board under sub-section (1) of section 44;
(i) the books of accounts and other books to be maintained by the Board under section 79;
(j) fees payable for inspection of proceedings and records of the Board or for issue of copies of
the same;
(k) persons by whom any order or decision of the Board may be authenticated; and
(l) any other matter which has to be, or may be, provided by regulations.
(3) All regulations made under this section shall be published in the Official Gazette and shall have
effect from the date of such publication.
111. Laying of rules and regulations before State Legislature.—Every rule made under section
109 and every regulation made under section 110 shall be laid, as soon as may be after it is made, before
the State Legislature.
112. Repeal and savings.—(1) The Wakf Act, 1954 (29 of 1954) and the Wakf (Amendment)
Act, 1984 (69 of 1984) are hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the said Acts shall be
deemed to have been done or taken under the corresponding provisions of this Act.
(3) 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 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 was in force on the day on which such things were done or action was
taken.
113. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of
this Act, the Central Government may, by order, not inconsistent with the provisions of this Act, remove
the difficulty:
Provided that no such order shall be made after the expiry of the period of two years from the
commencement of this Act.
(2) However, order made under this section shall be laid, as soon as may be after it is made, before
each House of Parliament.
1. Subs. by Act 27 of 2013, s. 4, for “wakfs” (w.e.f. 1-11-2013).
http://www.tnwakfboard.org/1995.43.htm#s36_3
http://www.tnwakfboard.org/1995.43.htm#s37
http://www.tnwakfboard.org/1995.43.htm#s44
http://www.tnwakfboard.org/1995.43.htm#s79
http://www.tnwakfboard.org/1995.43.htm#s109
http://www.tnwakfboard.org/1995.43.htm#s109
http://www.tnwakfboard.org/1954.29.htm
About this act
- Jurisdiction
- puducherry
- Enactment date
- 1995-11-22
- Sections available
- Document reader
India Code, Government of India. Text fetched 15 Oct 2026. Check the linked official text and subsequent notifications when applying a provision.