Short title, extent and commencement. Application of the Act. Preliminary survey of wakfs. Publication of list of wakfs.
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Short title, extent and commencement. Application of the Act. Publication of list of wakfs. Disputes regarding wakfs.
Power of Tribunal to determine disputes regardingwakfs. Recovery of costs of survey. Finance of Council. Accounts and audit. Power of Central Government to make rules. Composition of Board. Term of office. Disqualification for being appointed, or for continuing as, a member of the Board. Meetings of the Board. Committees of the Board. Resignation of Chairperson and members. Removal of Chairperson and member. Filling of a vacancy. Vacancies, etc. Appointment of Chief Executive Officer and his term of office and other conditions of service.
Officers and other employees of the Board. Duties and powers of Chief Executive Officer. Powers of Chief Executive Officer in respect of orders of resolutions of Board. Delegation of powers by the Board.
Chief Executive Officer to exercise powers through Collectors, etc. Powers of Chief Executive O fficer to inspect records, registers, e tc. Inspection of records. Prevention of disqualification for membership of Paliament. Powers and function of the Board. Powers of inspection by Chief Executive Officer or persons authorised by him.
Recovery of the amount determined under Section Conditional attachment by Tribunal. Register of wakfs. Powers of Board to appoint Executive Officer. Powers of Board in relation to wakfs which have ceased to exist. Decision if a property is wakf propery. Power to cause registration of wakf and to amend register. Change in the management of wakfs to be notified. Wakfs registered before the commencement of this Act deemed to be registered. Preparation of budget of wakfs under direct management of the Board.
Submission of accounts of wakfs. Audit of accounts of wakfs. Sums certified to be due recoverable as arrears of land revenue. Duties of mutawalli. Alienation of wakf property without sanction of Bo ard to be void. Recovery of wakf property transferred in contravention of Section Restriction on purchase of property on behalf of wakf.
Removal of encroachment from wakf property. Enforcement of orders made under Section Restriction on power to grant lease of wakf property. Mutawalli entitled to pay certain costs from income of wakf property. Power of Board to pay dues in case of default by mutawalli. Creation of reserve fund. Extension of time. Mutawalli not to spend any money belonging to wakf for self-defence. Power to appoint mutawalli in certain cases.
Removal of Mutawalli. Powers of appointment and removal of mutawalli when to be exercised by the State Government —Whenever a deed of wakf or any decree or order of a court of any scheme of management of any wakf 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 wakf, then not with standing anything contained in such deed of wakf, decree, order of 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.
Supervision and supersession of committee of management — 1 Whenever the supervision or management of a wakf is vested in any committee appointed by the wakf, 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 wakf, 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 wakf by a committee is inconsistent with any provision of this Act or of any rule made therunder or with the directions of the wakf, 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 wakf or of the provisions of this Act and the rules made thereunder.
Duty of mutawalli or committee to deliver possessio n of records, etc.
Waqf Act, 1995
Short title, extent and commencement. Application of the Act. Save as otherwise expressly provided under this Act, this Act shall apply to all waqfs 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, 36 of applies. Preliminary survey of waqfs. Publication of list of waqfs.