Section 103 in The Waqf Act, 1995

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).

Title: Restoration of waqf properties in occupation of Government agencies to waqf Board

Description: 1[104B. Restoration of waqf properties in occupation of Government agencies to waqf Board.--(1) If any waqf property has been occupied by the Government agencies it shall be returned to the Board or the mutawalli within a period of six months from the date of the order of the Tribunal. (2) The Government agency may, if the property is required for a public purpose, make an application for determination of the rent, or as the case may be, the compensation, by the Tribunal at the prevailing market value.] 1. Ins. by s. 54, ibid. (w.e.f. 1-11-2013).

Title: Power of Board and Chief Executive Officer to require copies of documents, etc., to be furnished

Description: Notwithstanding anything contained in any law for the time being in force, it shall be lawful for the Board or the Chief Executive Officer to require any person having the custody of any record, register, report or other document relating to a 1[waqf] or any immovable property, which is 1[waqf] property, to furnish, subject to the payment of necessary costs, copies of, or extracts from, any such record, register, report or document and every person to whom such a requisition is made, shall furnish, as soon as may be practicable, to the Board or Chief Executive Officer, copies or extracts from the required record, register, report or other document. 1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).

CHAPTER 9 MISCELLANEOUS