Section 2 in The Waqf Act, 1995

Title: Application of the Act

Description: 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. 1. Subs. by Act 27 of 2013, s. 2, for "wakfs" (w.e.f. 1-11-2013).

Title: Definitions

Description: In this Act, unless the context otherwise requires,-- (a) "beneficiary" means a person or object for whose benefit a 1[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 1[Waqf] established under sub-section (1), or as the case may be, under sub-section (2) of section 13 and shall include a common 1[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 1[Waqf] Council established under section 9; 2[(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; 3[(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; (i) "mutawalli" means any person appointed, either verbally or under any deed or instrument by which a 4[waqf] has been created, or by a competent authority, to be the mutawalli of a 4[waqf] and includes any person who is a mutawalli of a 4[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 4[waqf] or 4[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: 5[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 5[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 4[waqf]" means any person who is entitled to receive any pecuniary or other benefits from the 4[waqf] and includes— (i) any person who has a right to 6"offer prayer" or to perform any religious rite in a mosque, idgah, imambara,dargah, 7"khanqah, peerkhana and karbala], maqbara, graveyard or any other religious institution connected with the 4[waqf] or to participate in any religious or charitable institution under the 4[waqf]; (ii) the 8[waqif] and any descendant of the 8[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 4[waqf]" means a 4[waqf] governed by Shia Law; (o) "Sunni 4[waqf]" means a 4[waqf] governed by Sunni Law; (p) "Survey Commissioner" means the Survey Commissioner of 4[Waqf] appointed under sub-section (1) of section 4 and includes any Additional or Assistant Survey Commissioners of 9[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; 10[(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 (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) "11[waqf] deed" means any deed or instrument by which a 11[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) 11[Waqf] Fund means a 11[waqf] fund formed under sub-section (1) of section 77. 1. Subs. by s. 3, ibid., 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 clause (g) (w.e.f. 1-11-2013). 4. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013). 5. Ins. by s. 5, ibid. (w.e.f. 1-11-2013). 6. Subs. by s. 5, ibid., for "worship" (w.e.f. 1-11-2013). 7. Subs. by s. 5, ibid., for "khangah" (w.e.f. 1-11-2013). 8. Subs. by s. 4, ibid., for "wakif" (w.e.f. 1-11-2013). 9. Subs. by s. 4, ibid., for "wakfs" (w.e.f. 1-11-2013). 10. Subs. by s. 5, ibid., for clause (r) (w.e.f. 1-11-2013). 11. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).

Title: Preliminary survey of auqaf

Description: 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. (5) If, during any such inquiry, any dispute arises as to whether a particular 1[waqf] is a Shia 5[waqf] or Sunni 5[waqf] and there are clear indications in the deed of 5[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 5[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 6[ten years] from the date on which the report in relation to the immediately previous survey was submitted under sub-section (3): 7[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.] 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). 5. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013). 6. Subs. by s. 6, ibid., for "twenty years" (w.e.f. 1-11-2013). 7. Ins. by s. 6, ibid. (w.e.f. 1-11-2013).

Title: Publication of list of auqaf

Description: 5. Publication of list of 1[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 2[fordward it back to the Government within a period of six months for publication in the Official Gazette] a list of Sunni 1[auqaf] or Shia 1[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. 3[(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.] 1. Subs. by s. 4, ibid., for "wakfs" (w.e.f. 1-11-2013). 2. Subs. by s. 7, ibid., for "publish in the Official Gazette" (w.e.f. 1-11-2013). 3. Ins. by s. 7, ibid. (w.e.f. 1-11-2013).

Title: Disputes regarding auqaf.

Description: 6. Disputes regarding 2[auqaf].--(1) If any question arises whether a particular property specified as 1[waqf] property in the list of 2[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 3[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 2[auqaf]: 4[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.] 5* * * * * (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. (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 6[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). 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. 8, ibid., for "any person interested therein" (w.e.f. 1-11-2013). 4. Ins. by s. 8, ibid. (w.e.f. 1-11-2013). 5. The Explanation omitted by s. 8, ibid.(w.e.f. 1-11-2013). 6. Subs. by Act 27 of 2013, s. 4, for "wakfs" (w.e.f. 1-11-2013).