The Waqf Act, 1995 (document 1)
The Waqf Act, 1995, Act No. 43 of 1995, was enacted by Parliament on 22nd November, 1995 to provide for the better administration of auqaf and connected matters. It establishes surveys, registration, Waqf Boards, financial controls, property protections and Tribunals, and the supplied text reflects...
Purpose and reach
The Waqf Act, 1995 governs the administration of auqaf, including movable and immovable property permanently dedicated for purposes recognised by Muslim law as pious, religious or charitable. The supplied text states that the Act extends to the whole of India except the State of Jammu and Kashmir and applies to auqaf created before or after its commencement. It does not apply to Durgah Khawaja Saheb, Ajmer, which is governed by separate legislation.
People and property covered
The Waqf Act, 1995 defines a waqf broadly. It includes waqf by user, specified property entered in revenue records, grants for recognised purposes and waqf-alal-aulad to the stated charitable extent.
People and bodies covered include:
- A waqif, meaning a person who makes the dedication.
- A mutawalli, meaning a person, committee or corporation managing or administering a waqf or waqf property, subject to the stated conditions.
- Beneficiaries and people entitled to religious, charitable or financial benefits from a waqf.
- Waqf Boards, the Central Waqf Council, Survey Commissioners, Chief Executive Officers and Tribunals.
- Encroachers, including people or institutions occupying waqf property without legal authority and people whose tenancy, lease or licence has expired or ended.
Main property and administration provisions
The Waqf Act, 1995 provides for:
- State surveys and publication of lists of auqaf.
- Registration and maintenance of a register of auqaf.
- Decisions on whether property is waqf property.
- Notification of changes in waqf management.
- Budgets, accounts and audits for auqaf and Waqf Boards.
- Restrictions on transfers, purchases and leases involving waqf property.
- Alienation without Waqf Board sanction to be void, with recovery and penalty provisions.
- Removal of encroachments and disposal of property left by unauthorised occupants.
- Tribunal proceedings for disputes, along with a bar on civil court jurisdiction for matters covered by the Act.
Relevance to Tamil Nadu property
The Waqf Act, 1995 can affect a Tamil Nadu buyer, owner, tenant, licensee or government agency where land or another asset is recorded, registered, claimed or managed as waqf property. The Act gives Waqf Boards and Tribunals roles in determining status, protecting possession, controlling transfers and leases, and recovering property transferred contrary to its requirements.
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
Does the Waqf Act, 1995 apply to an old waqf created before the Act commenced?
Yes. The supplied text states that the Act applies to all auqaf whether created before or after its commencement, unless the Act expressly provides otherwise.
Can movable property be waqf property?
Yes. The definition covers the permanent dedication of movable or immovable property for purposes recognised by Muslim law as pious, religious or charitable.
Can waqf property be transferred without Waqf Board sanction?
The Act lists alienation of waqf property without Waqf Board sanction as void and provides for recovery and penalties. It also contains a prohibition concerning sale, gift, exchange, mortgage or transfer of waqf property.
Who handles a dispute about whether land is waqf property?
The Act provides for Waqf Board decisions on whether property is waqf property and gives Tribunals power to determine disputes regarding auqaf.
