Section 55 in The Waqf Act, 1995

Title: Enforcement of orders made under section 54

Description: 1[55A. Disposal of property left on waqf property by unauthorised occupants.--(1) Where any person has been evicted from any waqf property under sub-section (4) of section 54, the Chief Executive Officer may, after giving fourteen days’ notice to the person from whom possession of the waqf property has been taken and after publishing the notice in at least one newspaper having circulation in the locality and after proclaiming the contents of the notice by placing it on conspicuous part of the waqf property, remove or cause to be removed or dispose of by public auction any property remaining on such premises. (2) Where any property is sold under sub-section (1), the sale proceeds shall, after deducting the expenses relating to removal, sale and such other expenses, the amount, if any, due to the State Government or a local authority or a corporate authority on account of arrears of rent, damages or costs, be paid to such person, as may appear to the Chief Executive Officer to be entitled to the same: Provided that where the Chief Executive Officer is unable to decide as to the person to whom the balance of the amount is payable or as to the appointment of the same, he may refer such dispute to the Tribunal and the decision of the Tribunal thereon shall be final.] 1. Subs. by s. 33, ibid., for "sub-section (3)" (w.e.f. 1-11-2013). 2. Subs. by s. 33, ibid., for "apply to the Sub-Divisional Magistrate' (w.e.f. 1-11-2013).

Title: Disposal of property left on waqf property by unauthorised occupants

Description: 1 [55A. Disposal of property left on waqf property by unauthorised occupants.--(1) Where any person has been evicted from any waqf property under sub-section (4) of section 54, the Chief Executive Officer may, after giving fourteen days' notice to the person from whom possession of the waqf property has been taken and after publishing the notice in at least one newspaper having circulation in the locality and after proclaiming the contents of the notice by placing it on conspicuous part of the waqf property, remove or cause to be removed or dispose of by public auction any property remaining on such premises. (2) Where any property is sold under sub-section (1), the sale proceeds shall, after deducting the expenses relating to removal, sale and such other expenses, the amount, if any, due to the State Government or a local authority or a corporate authority on account of arrears of rent, damages or costs, be paid to such person, as may appear to the Chief Executive Officer to be entitled to the same: Provided that where the Chief Executive Officer is unable to decide as to the person to whom the balance of the amount is payable or as to the appointment of the same, he may refer such dispute to the Tribunal and the decision of the Tribunal thereon shall be final.] 1. Ins. by s. 34, ibid. (w.e.f. 1-11-2013).

Title: Restriction on power to grant lease of waqf property

Description: 56. Restriction on power to grant lease of 1[waqf] property.--(1) 2[A lease for any period exceeding thirty years] of any immovable property which is 1[waqf] property, shall, notwithstanding anything contained in the deed or instrument of 1[waqf] or in any other law for the time being in force, be void and of no effect: 3[Provided that a lease for any period up to thirty years may be made for commercial activities, education or health purposes, with the approval of the State Government, for such period and purposes as may be specified in the rules made by the Central Government: Provided further that lease of any immovable waqf property, which is an agricultural land, for a period exceeding three years shall, notwithstanding anything contained in the deed or instrument of waqf or in any other law for the time being in force, be void and of no effect: Provided also that before making lease of any waqf property, the Board shall publish the details of lease and invite bids in at least one leading national and regional news papers.] (2) 4[A lease for a period of one year but not exceeding thirty years] of immovable property which is 1[waqf] property shall, notwithstanding anything contained in the deed or instrument of 1[waqf] or in any other law for the time being in force, be void and of no effect unless it is made with the previous sanction of the Board. (3) The Board shall, in granting sanction for lease 5*** or renewal thereof under this section review the terms and conditions on which the lease 5 *** is proposed to be granted or renewed and make its approval subject to the revision of such terms and conditions in such manner as it may direct: 3[Provided that the Board shall immediately intimate the State Government regarding a lease for any period exceeding three years of any waqf property and thereafter it may become effective after the expiry of forty-five days from the date on which the Board intimates the State Government.] 3[(4) Every rule made by the Central Government under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session for a total period of thirty days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.] 1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013). 2. Subs. by, s. 35, ibid., for "A lease or sub-lease for any period exceeding three years" (w.e.f. 1-11-2013). 3. Ins. by s. 35, ibid. (w.e.f. 1-11-2013). 4. Subs. by s. 35, ibid., for "A lease or sub-lease for any period exceeding one year and not exceeding three years" (w.e.f. 1-11-2013). 5. The words "or sub-lease" omitted by s. 35, ibid. (w.e.f. 1-11-2013).

Title: Mutawalli entitled to pay certain costs from income of waqf property

Description: 57. Mutawalli entitled to pay certain costs from income of 1[waqf] property.--Notwithstanding anything contained in the 1[waqf] deed, every mutawalli may pay from the income of the 1[waqf] property any expenses properly incurred by him for the purpose of enabling him to furnish any particulars, documents or copies under section 36 or any accounts under section 46 or any information or documents required by the Board or for the purpose of enabling him to carry out the directions of the Board. 1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).

Title: Power of Board to pay dues in case of default by mutawalli

Description: (1) Where a mutawalli refuses to pay or fails to pay any revenue, cess, rates or taxes due to the Government or any local authority, the Board may discharge dues from the 1[Waqf] Fund and may recover the amount so paid from the 1[waqf] property and may also recover damages not exceeding twelve and a half per cent. of the amount so paid. (2) Any sum of money due under sub-section (1) may, on a certificate issued by the Board after giving the mutawalli concerned an opportunity of being heard, be recovered in the same manner as an arrear of land revenue. 1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).

CHAPTER 6 MAINTENANCE OF ACCOUNTS OF AUQAF