The Waqf Act, 1995 (1995)

What the law covers

The Waqf Act, 1995 provides an administrative and legal framework for auqafs and waqf property. It covers the identification and registration of property, the responsibilities of Waqf Boards and mutawallis, financial controls, property recovery and dispute proceedings.

Key provisions include:

• Preliminary surveys of auqafs and publication of lists of auqafs.
• Tribunal determination of disputes concerning auqafs.
• Establishment and constitution of the Central Waqf Council.
• Establishment, composition, powers and functions of Waqf Boards.
• Appointment and powers of the Chief Executive Officer and other Board employees.
• Inspection of records, registers and waqf administration.

Property registration and management

The Waqf Act, 1995 provides for registration of auqafs and maintenance of a register of auqafs. Auqafs registered before commencement of the Act are treated as registered, and changes in management must be notified.

The law also addresses:

• Decisions on whether a property is waqf property.
• Registration of a waqf and amendment of its register.
• Appointment, duties and removal of mutawallis.
• Direct management of certain auqafs by a Waqf Board.
• Schemes for administration of waqf property.
• Delivery of possession, records and other materials by a mutawalli or management committee.

Transactions and occupation

The Waqf Act, 1995 can affect a buyer, owner, tenant or occupier where land is claimed or recorded as waqf property. Its contents state that alienation of waqf property without Board sanction is void and provide for recovery of property transferred in contravention of that requirement.

Other property controls include:

• Restriction on leases of waqf property.
• Prohibition of sale, gift, exchange, mortgage or transfer of waqf property.
• Removal of encroachments and disposal of property left by unauthorised occupants.
• Restoration to a Waqf Board of waqf properties occupied by government agencies.
• Recovery of certain sums as arrears of land revenue.

Disputes and oversight

The Waqf Act, 1995 provides for Tribunals and requires Tribunal proceedings to be handled expeditiously, with copies of decisions supplied to the parties. It also contains a bar on the jurisdiction of civil courts, revenue courts and other authorities in covered matters.

The law further provides for budgets, accounts, audits, annual contributions, the Waqf Fund, State Government directions and Central Government regulation of the secular activities of auqafs.