Section 104 in The Waqf Act, 1995

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).

Title: Powers of Central Government to constitute common Boards

Description: (1) Where the Central Government is satisfied that by reasons of— (i) the smallness of the Muslim population in two or more States, (ii) the slender resources of the 2[Auqaf] in such States, and (iii) the disproportion between the number and income of the 2 [auqaf] and the Muslim population in such States, it is expedient in the interests of the 2[auqaf] in the States and the Muslim population of such States, to have, instead of separate Boards for each of such States, a common Board, it may, 3[after consultation with the Council and the Government] of each of the concerned States, establish, by notification in the Official Gazette, a common Board for such States as it may deem fit, and may, by the same or any subsequent notification specify the place at which the principal office of such common Board shall be located. (2) Every common Board established under sub-section (1) shall, as far as practicable, consist of the persons specified in sub-section (1) or, as the case may be, sub-section (7) of section 14. (3) Whenever any common Board is established under sub-section (1)— (a) all powers vested in the State Government under any deed of 1[waqf] or any provision of law for the time being in force relating to 2[auqaf], shall stand transferred to, and vested in, the Central Government and, thereupon, references in such deed of 2[waqf] or law to the State Governments shall be construed as references to the Central Government: Provided that while establishing a common Board for two or more States, the Central Government shall ensure, that at least one representative of each of the concerned States is included as a member of the Board; (b) references in this Act to a State shall be construed as references to each of the States for which the common Board has been established; (c) the Central Government may, without prejudice to any rule applicable to a Board in a State, may, by notification in the Official Gazette, rules regulating the conduct of business by, and affairs of, the common Board. (4) The common Board shall be a body corporate, with objects not confined to one State, having perpetual succession and a common seal with power to acquire and hold property and to transfer any such property, subject to such conditions and restrictions as may be specified by the Central Government, and shall by the said name sue or be sued. 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. 55, ibid., for "after consultation with the Government" (w.e.f. 1-11-2013).

CHAPTER 9 MISCELLANEOUS