Section 101 in The Waqf Act, 1995

Title: Survey Commissioner, members and officers of the Board, deemed to be public servants

Description: (1) The Survey Commissioner, members of the Board, every officer, every auditor of the Board and every other person duly appointed to discharge any duties imposed on him by this Act or any rule or order made thereunder, shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860). (2) Every mutawalli of a 1[waqf], every member of managing committee, whether constituted by the Board or under any deed of 1[waqf], every Executive Officer and every person holding any office in a 2[waqf] shall also be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860). 1. Subs. by s. 4, ibid., for "wakf" (w.e.f. 1-11-2013). 2. Subs. by s. 52, ibid., for "after consulting the State Governments" (w.e.f. 1-11-2013).

Title: Special provision for reorganisation of certain Boards

Description: (1) Where on account of the reorganisation of States under any law providing reorganisation of States, the whole or any part of a State in respect of which a Board was, immediately before the day of such reorganisation, functioning has been transferred on that day to another State and by reason of such transfer, it appears to the Government of a State in any part of which the Board is functioning that the Board should be dissolved or that it should be reconstituted as an Intra-State Board for the whole or any part of that State, the State Government may frame a scheme or such dissolution or such reconstitution, including proposals regarding the transfer of the assets, rights and liabilities of the Board to any other Board or State Government and the transfer or re-employment of employees of the Board and forward the scheme to the Central Government. (2) On receipt of a scheme forwarded to it under sub-section (1), the Central Government may, 1[after consulting the Council and the State Governments] concerned, approve the scheme with or without modifications and give effect to the scheme so approved by making such order as it thinks fit. (3) An order under sub-section (2) may provide for all or any of the following matters, namely:-- (a) the dissolution of the Board; (b) the reconstitution in any manner whatsoever of the Board including the establishment, where necessary, of a new Board; (c) the area in respect of which the reconstituted Board or new Board shall function and operate; (d) the transfer, in whole or in part, of the assets, rights and liabilities of the Board (including the rights and liabilities under any contract made by it) to any other Board or State Government and the terms and conditions of such transfer; (e) the substitution of any such transferee, for the Board, or the addition of any such transferee, as a party to any legal proceeding to which the Board is a party; and the transfer of any proceeding pending before the Board to any such transferee; (f) the transfer or re-employment of any employee of the Board to or by, any such transferee and subject to the provisions of law providing for the reorganisation of the concerned State, the terms and conditions of service applicable to such employees after such transfer or re-employment; and (g) such incidental, consequential and supplemental matters as may be necessary to give effect to the approved scheme. (4) Where an order is made under this section transferring the assets, rights and liabilities of the Board, then, by virtue of that order, such assets, rights and liabilities of the Board shall vest in, and be the assets, rights and liabilities of, the transferee. (5) Every order made under this section shall be published in the Official Gazette. (6) Every order made under this section shall be laid before each House of Parliament, as soon as may be, after it is made. 1. Ins. by s. 54, ibid. (w.e.f. 1-11-2013).

Title: Special provision for establishment of Board for part of a State

Description: (1) Where on account of the territorial changes brought about by any law providing for the reorganisation of any State, this Act is as from the date on which that law comes into force applicable only to any part or parts of a State but has not been brought into force in the remaining part thereof, then notwithstanding anything contained in this Act, it shall be lawful for the Government of the State to establish one or more Boards for such part or parts in which this Act is in force and in such a case any reference in this Act to the word "State" in relation of a Board shall be construed as a reference to that part of the State for which the Board is established. (2) Where any such Board has been established and it appears to the Government of the State, that a Board should be established for the whole of the State, the State Government may, by order notified in the Official Gazette dissolve the Board established for the part of the State or reconstitute and reorganise, such Board or establish a new Board for the whole of the State and thereupon, the assets, rights and liabilities of the Board for the part of the State shall vest in and be the assets, rights and liabilities of the reconstituted Board or the new Board, as the case may be.

Title: Application of Act to properties given or donated by persons not professing Islam for support of certain waqf

Description: 104. Application of Act to properties given or donated by persons not professing Islam for support of certain 1[waqf].--Notwithstanding anything contained in this Act where any movable or immovable property has been given or donated by any person not professing Islam for the support of a 1[waqf] being— (a) a mosque, idgah, imambara, dargah, khangah or a maqbara; (b) a Muslim graveyard; (c) a choultry or a musafirkhana, then such property shall be deemed to be comprised in that 1 [waqf] and be dealt in the same manner as the 1[waqf] in which it is so comprised. 1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).

Title: Prohibition of sale, gift, exchange, mortgage or transfer of waqf property

Description: 1[104A. Prohibition of sale, gift, exchange, mortgage or transfer of waqf property.--(1) Notwithstanding anything contained in this Act or any other law for the time being in force or any waqf deed, no person shall sell, gift, exchange, mortgage or transfer any movable or immovable property which is a waqf property to any other person. (2) Any sale, gift, exchange, mortgage or transfer of property referred to in sub-section (1) shall be void ab initio.] 1. Ins. by s. 53, ibid. (w.e.f. 1-11-2013).

CHAPTER 9 MISCELLANEOUS