Section 40 in The Waqf Act, 1995

Title: Decision if a property is waqf property

Description: 40. Decision if a property is 1[waqf] property.-- (1) The Board may itself collect information regarding any property which it has reason to believe to be 1[waqf] property and if any question arises whether a particular property is 1[waqf] property or not or whether a 1[waqf] is a Sunni 1[waqf] or a Shia 1[waqf], it may, after making such inquiry as it may deem fit, decide the question. (2) The decision of the Board on a question under sub-section (1) shall, unless revoked or modified by the Tribunal, be final. (3) Where the Board has any reason to believe that any property of any trust or society registered in pursuance of the Indian Trusts Act, 1882 (2 of 1882) or under the Societies Registration Act, 1860 (21 of 1860) or under any other Act, is 1[waqf] property, the Board may notwithstanding anything contained in such Act, hold an inquiry in regard to such property and if after such inquiry the Board is satisfied that such property is 1[waqf] property, call upon the trust or society, as the case may be, either to register such property under this Act as 1[waqf] property or show cause why such property should not be so registered: Provided that in all such cases, notice of the action proposed to be taken under this sub-section shall be given to the authority by whom the trust or society had been registered. (4) The Board shall, after duly considering such cause as may be shown in pursuance of notice issued under sub-section (3), pass such orders as it may think fit and the order so made by the Board, shall be final, unless it is revoked or modified by a Tribunal. 1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).

Title: Power to cause registration of waqf and to amend register

Description: 41. Power to cause registration of 1[waqf] and to amend register.--The Board may direct a mutawalli to apply for the registration of a 1[waqf], or to supply any information regarding a 1[waqf] or may itself cause the 1[waqf] to be registered or may at any time amend the register of 2[auqaf]. 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).

Title: Change in the management of auqaf to be notified

Description: 42. Change in the management of 2[auqaf] to be notified.--(1) In the case of any change in the management of a registered 1[waqf] due to the death or retirement or removal of the mutawalli, the incoming mutawalli, shall forthwith, and any other person may notify the change to the Board. (2) In the case of any other change in any of the particulars mentioned in section 36, the mutawalli shall, within three months from the occurrence of the change, notify such change 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).

Title: Auqaf registered before the commencement of this Act deemed to be registered

Description: 43. 2[Auqaf] registered before the commencement of this Act deemed to be registered.--Notwithstanding anything contained in this Chapter, where any 1[waqf] has been registered before the commencement of this Act, under any law for the time being in force, it shall not be necessary to register the 1[waqf] under the provisions of this Act and any such registration made before such commencement shall be deemed to be a registration made under this Act. 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).

Title: Budget

Description: 2[44. Budget.--(1) Every mutawalli of a 1[waqf] shall, in every year prepare, in such form and at such time as may be prescribed, a budget in respect of the financial year next ensuing showing the estimated receipts and expenditure during that financial year. (2) Every such budget shall be submitted by the mutawalli at least 3[thirty days] before the beginning of the financial year to the Board and shall make adequate provision for the following:-- (i) for carrying out the objects of the 1[waqf]; (ii) for the maintenance and preservation of the 1[waqf] property; (iii) for the discharge of all liabilities and subsisting commitments binding on the 1[waqf] under this Act or any other law for the time being in force. 4[(3) In case the Board considers any item in the budget being contrary to the objects of the waqf and the provisions of this Act, it may give such direction for addition or deletion of such item as it may deem fit.] (4) If in the course of the financial year the mutawalli finds it necessary to modify the provisions made in the budget in regard to the receipt or to the distribution of the amounts to be expended under the different heads, he may submit to the Board a supplementary or a revised budget and the provisions of sub-section (3) shall, as far as may be, apply to such supplementary or revised budget.] 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. 26, ibid., for "ninety days" (w.e.f. 1-11-2013). 4. Subs. by s. 26, ibid., for sub-section (3) (w.e.f. 1-11-2013).