Section 35 in The Waqf Act, 1995

Title: Conditional attachment by Tribunal.

Description: (1) Where the Chief Executive Officer is satisfied that the mutawalli or any other person who has been ordered under sub-section (3) or sub-section (5) of section 33 to make any payment, with intent to defeat or delay the execution of the said order,-- (a) is about to dispose of the whole or any part of the property; or (b) is about to remove the whole or any part of the property from the jurisdiction of the Chief Executive Officer, he may, with prior approval of the Board, apply to the Tribunal for the conditional attachment of the said property or such part thereof, as he may think necessary. (2) The Chief Executive Officer shall, unless the Tribunal otherwise directs, specify in the application the property required to be attached and the estimated value thereof. (3) The Tribunal may direct the mutawalli or the person concerned, as the case may be, within a time to be fixed by it, either to furnish security, in such sum as may be specified in the order, to produce and place at the disposal of the Tribunal when required, the said property or the value of the same or such portion thereof as may be sufficient to satisfy the amount specified in the certificate referred to in section 34, or to appear and show cause why he should not furnish such security. (4) The Tribunal may also in the order direct the conditional attachment of the whole or any portion of the property so specified. (5) Every attachment made under this section shall be made in accordance with the provisions of the Code of Civil Procedure, 1908 (5 of 1908), as if it were an order for attachment made under the provision of the said Code.

Title: Registration

Description: 136. Registration.--(1) Every 2[waqf], whether created before or after the commencement of this Act, shall be registered at the office of the Board. (2) Application for registration shall be made by the mutawalli: Provided that such applications may be 3[made by the waqf] or his descendants or a beneficiary of the 2[waqf] or any Muslim belonging to the sect to which the 2[waqf] belongs. (3) An application for registration shall be made in such form and manner and at such place as the Board may by regulation provide and shall contain the following particulars:-- (a) a description of the 2[waqf] properties sufficient for the identification thereof; (b) the gross annual income from such properties; (c) the amount of land revenue, cesses, rates and taxes annually payable in respect of the 2[waqf] properties; (d) an estimate of the expenses annually incurred in the realisation of the income of the 2[waqf] properties; (e) the amount set apart under the 2[waqf] for— (i) the salary of the mutawalli and allowances to the individuals; (ii) purely religious purposes; (iii) charitable purposes; and (iv) any other purposes; (f) any other particulars provided by the Board by regulations. (4) Every such application shall be accompanied by a copy of the 2[waqf] deed or if no such deed has been executed or a copy thereof cannot be obtained, shall contain full particulars, as far as they are known to the applicant, of the origin, nature and objects of the 2[waqf]. (5) Every application made under sub-section (2) shall be signed and verified by the applicant in the manner provided in the Code of Civil Procedure, 1908 (5 of 1908) for the signing and verification of pleadings. (6) The Board may require the applicant to supply any further particulars or information that it may consider necessary. (7) On receipt of an application for registration, the Board may, before the registration of the 4[waqf] make such inquiries as it thinks fit in respect of the genuineness and validity of the application and correctness of any particulars therein and when the application is made by any person other than the person administering the 4[waqf] property, the Board shall, before registering the 4[waqf], give notice of the application to the person administering the 4[waqf] property and shall hear him if he desires to be heard. (8) In the case of 5[auqaf] created before the commencement of this Act, every application for registration shall be made, within three months from such commencement and in the case of 5[auqaf] created after such commencement, within three months from the date of the creation of the 4[waqf]: Provided that where there is no Board at the time of creation of a 4[waqf], such application will be made within three months from the date of establishment of the Board.] 1. Subs. by Act 27 of 2013, s. 4, for "wakfs" (w.e.f. 1-11-2013). 2. Subs. by s. 4, ibid., for "wakf" (w.e.f. 1-11-2013). 3. Subs. by s. 24, ibid., for made by the "wakf" (w.e.f. 1-11-2013). 4. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013). 5. Subs. by s. 4, ibid., for "wakfs" (w.e.f. 1-11-2013).

Title: Register of auqaf

Description: 37. Register of 2[auqaf].-- 3[(1)] The Board shall maintain a register of 2[auqaf] which shall contain in respect of each 1[waqf] copies of the 1[waqf] deeds, when available and the following particulars, namely:-- (a) the class of the 1[waqf]; (b) the name of the mutawallis; (c) the rule of succession to the office of mutawalli under the 1[waqf] deed or by custom or by usage; (d) particulars of all 1[waqf] properties and all title deeds and documents relating thereto; (e) particulars of the scheme of administration and the scheme of expenditure at the time of registration; (f) such other particulars as may be provided by regulations. 4[(2) The Board shall forward the details of the properties entered in the register of auqaf to the concerned land record office having jurisdiction of the waqf property. (3) On receipt of the details as mentioned in sub-section (2), the land record office shall, according to established procedure, either make necessary entries in the land record or communicate, within a period of six months from the date of registration of waqf property under section 36, its objections to the Board.] 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. S. 37 numbered as sub-section (1) thereof by s. 25, ibid. (w.e.f. 1-11-2013). 4. Ins. by s. 25, ibid. (w.e.f. 1-11-2013).

Title: Powers of Board to appoint Executive Officer

Description: (1) Notwithstanding anything contained in this Act, the Board may, if it is of the opinion that it is necessary so to do in the interests of the 1[waqf], appoint on whole-time or part-time or in an honorary capacity, subject to such conditions as may be provided by regulations, an Executive Officer with such supporting staff as it considers necessary for any 1[waqf] having a gross annual income of not less than five lakh rupees: Provided that the person chosen for appointment should be a person professing Islam. (2) Every Executive Officer appointed under sub-section (1) shall exercise such powers and discharge such duties as pertain only to the administration of the property of the 1[waqf] for which he has been appointed and shall exercise those powers and discharge those duties under the direction, control and supervision of the Board: Provided that the Executive Officer who is appointed for a 1[waqf] having a gross annual income of not less than five lakh rupees shall ensure that the budget of the 1[waqf] is submitted, the accounts of the 1[waqf] are regularly maintained, and the yearly statement of accounts are submitted within such time as the Board may specify. (3) While exercising his powers and discharging his functions under sub-section (2), the Executive Officer shall not interfere with any religious duties or any usage or custom of the 1[waqf] sanctioned by the Muslim law. (4) The salaries and allowances of the Executive Officer and his staff shall be fixed by the Board and in fixing the quantum of such salary the Board shall have due regard to the income of the 2[waqf], the extent and nature of the duties of the Executive Officer and shall also ensure that the amounts of such salaries and allowances are not disproportionate to the income of the 22[waqf] and do not operate as an unnecessary financial burden on it. (5) The salaries and allowances of the Executive Officer and his staff shall be paid by the Board from the 2[Waqf] Fund and, if the 2[waqf] generates any additional income as a result of appointment of the Executive Officer, the Board may claim reimbursement of amounts spent on the salaries and allowances from the fund of the 2[waqf] concerned. (6) The Board may, for sufficient reasons, and after giving to the Executive Officer or a member of his staff, a reasonable opportunity of being heard, suspend, remove or dismiss the Executive Officer or a member of his staff from his post. (7) Any Executive Officer or a member of his staff who is aggrieved by any order or removal or dismissal made under sub-section (6) may, within thirty days from the date of communication of the order, prefer an appeal against the order to the Tribunal and the Tribunal may, after considering such representation as the Board may make in the matter, and after giving a reasonable opportunity to the Executive Officer or a member of his staff of being heard, confirm, modify or reverse the order. 1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013). 2. Subs. by Act 27 of 2013, s. 4, for "wakf' (w.e.f. 1-11-2013).

Title: Powers of Board in relation to auqaf which have ceased to exist

Description: 39. Powers of Board in relation to 2[auqaf] which have ceased to exist.--(1) The Board shall, if it is satisfied that the objects or any part thereof, of a 1[waqf] have ceased to exist, whether such cesser took place before or after the commencement of this Act, cause an inquiry to be held by the Chief Executive Officer, in the prescribed manner, to ascertain the properties and funds pertaining to such 1[waqf]. (2) On the receipt of the report of inquiry of the Chief Executive Officer, the Board shall pass an order,-- (a) specifying the property and funds of such 1[waqf]; (b) directing that any property or funds pertaining to such 1[waqf which have been recovered shall be applied or utilised for the renovation of any 1[waqf] property and where there is no need for making any such renovation or where utilisation of the funds for such renovation is not possible, be appropriated, to any of the purposes specific in sub-clause (iii) of clause (e) of sub-section (2) of section 32. (3) The Board may, if it has reason to believe that any building or other place which was being used for religious purpose or instruction or for charity has, whether before or after the commencement of this Act, ceased to be used for that purpose, make an application to the Tribunal for an order directing the recovery of possession of such building or other place. (4) The Tribunal may, if it is satisfied, after making such inquiry as it may think fit, that such building or other place— (a) is 1[waqf] property; (b) has not been acquired under any law for the time being in force relating to acquisition of land or is not under any process of acquisition under any such law, or has not vested in the State Government under any law for the time being in force relating to land reforms; and (c) is not in the occupation of any person who has been authorised by or under any law for the time being in force to occupy such building or other place, make an order— (i) directing the recovery of such building or place from any person who may be in unauthorised possession thereof, and (ii) directing that such property, building or place be used for religious purpose or instruction as before, or if such use is not possible, be utilised for any purpose specified in sub-clause (iii) of clause (e) of sub-section (2) of section 32. 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).

CHAPTER 4 ESTABLISHMENT OF BOARDS AND THEIR FUNCTIONS