Section 90 in The Waqf Act, 1995

Title: Notice of suits, etc., by courts

Description: (1) In every suit or proceeding relating to a title to or possession of a 1waqf property or the right of a mutawalli or beneficiary, the court or Tribunal shall issue notice to the Board at the cost of the party instituting such suit or proceeding. (2) Whenever any 1[waqf] property is notified for sale in execution of a decree of a civil court or for the recovery of any revenue, cess, rates of taxes due to the Government or any local authority, notice shall be given to the Board by the court, Collector or other person under whose order the sale is notified. (3) In the absence of a notice under sub-section (1), any decree or order passed in the suit or proceeding shall be declared void, if the Board, within 2[six month] of its coming to know of such suit or proceeding, applies to the court in this behalf. (4) In the absence of a notice under sub-section (2), the sale shall be declared void, if the Board, within one month of its coming to know of the sale, applies in this behalf to the court or other authority under whose order the sale was held. 1 Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013). 2. Subs. by s. 48, ibid., for "one month" (w.e.f. 1-11-2013).

Title: Proceedings under the Act 1 of 1894

Description: (1) If, in the course of proceedings under the Land Acquisition Act, 1894 or under any law for the time being in force relating to the acquisition of land or other property, 2[and before an award is made, in case the property] under acquisition is 1[waqf] property, a notice of such acquisition shall be served by Collector on the Board and further proceedings shall be stayed to enable the Board to appear and plead as a party to the proceeding at any time within three months from the date of the receipt of such notice. Explanation.--The reference to the Collector in the foregoing provisions of this sub-section shall, in relation to any other law referred to therein, be construed, if the Collector is not the competent authority under such other law to make an award of the compensation or other amount payable for acquisition of land or other property thereunder, as a reference to the authority under such other law competent to make such award. (2) Where the Board has reason to believe that any property under acquisition is 1[waqf] property, it may at any time before the award is made appear and plead as a party to the proceeding. (3) When the Board has appeared under the provisions of sub-section (1) or sub-section (2), no order shall be passed under section 31 or section 32 of the Land Acquisition Act, 1894 or under the corresponding provisions of the other law referred to in sub-section (1) without giving an opportunity to the Board to be heard. (4) Any order passed under section 31 or section 32 of the Land Acquisition Act, 1894 or under the corresponding provisions of the other law referred to in sub-section (1) without giving an opportunity to the Board to be heard, shall be declared void if the Board, within one month of its coming to know of the order, applies in this behalf to the authority which made the order. 1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013). 2. Subs. by s. 49, ibid., for "it appears to the Collector before an award is made that any property" (w.e.f. 1-11-2013).

Title: Board to be party to suit or proceeding

Description: In any suit or proceeding in respect of a 1[waqf] or any 1[waqf] property the Board may appear and plead as a party to the suit or proceeding. 1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).

Title: Bar to compromise of suits by or against mutawalli

Description: No suit or proceeding in any court by or against the mutawalli of a 1[waqf] relating to title to 1[waqf] property or the rights of the mutawalli shall be compromised without the sanction of the Board. 1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013)

Title: Power to make application to the Tribunal in case of failure of mutawalli to discharge his duties

Description: (1) Where a mutawalli is under an obligation to perform any act which is recognised by Muslim law as pious, religious or charitable and the mutawalli fails to perform such act, the Board may apply to the Tribunal for an order directing the mutawalli to pay to the Board or to any person authorised by the Board in this behalf the amount necessary for the performance of such act. (2) Where a mutawalli is under an obligation to discharge any other duties imposed on him under the 1[waqf] and the mutawalli wilfully fails to discharge such duties, the Board or any person interested in the 1[waqf] may make an application to the Tribunal and the Tribunal may pass such order thereon as it thinks fit. 1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).