Section 5 in The Waqf Act, 1995

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).

Title: Power of Tribunal to determine disputes regarding auqaf.

Description: 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.] 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).

Title: State Government to bear cost of survey

Description: 1[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 s. 10, ibid., for section 8 (w.e.f. 1-11-2013).

Title: Establishment and constitution of Central Waqf Council

Description: 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 2[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).