Section 107 in The Waqf Act, 1995

Title: Act 36 of 1963 not to apply for recovery of waqf properties.

Description: 107. Act 36 of 1963 not to apply for recovery of 1[waqf] properties.—Nothing contained in the Limitation Act, 1963 shall apply to any suit for possession of immovable property comprised in any 1[waqf] or for possession of any interest in such property. 1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).

Title: Special provision as to evacuee waqf properties

Description: 108. Special provision as to evacuee 1[waqf] properties.--The provisions of this Act shall apply, and shall be deemed always to have applied, in relation to any evacuee property within the meaning of clause (f) of section 2 of the Administration of Evacuee Property Act, 1950 (31 of 1950) which immediately before it became such evacuee property within the said meaning was property comprised in any 1[waqf] and, in particular any entrustment (whether by transfer of any documents or in any other manner and whether generally or for specified purpose) of any such property to a Board made before the commencement of this Act in pursuance of the instructions of the Custodian under the Administration of Evacuee Property Act, 1950 shall have, and shall be deemed always to have had, notwithstanding anything contained in any other provision of this Act, effect as if such entrustment had operated to— (a) vest such property in such Board in the same manner and with the same effect as in a trustee of such property for the purposes of sub-section (1) of section 11 of the Administration of Evacuee of Property Act, 1950 (31 of 1950), with effect from the date of such entrustment, and (b) authorise such Board to assume direct management of the 1[waqf] concerned for so long as it might deem necessary. 1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).

Title: Act to have overriding effect

Description: 1[108A. Act to have overriding effect.--The provisions of this Act shall have overriding effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act.] 1. Ins. by s. 56, ibid. (w.e.f. 1-11-2013).

Title: Power to make rules

Description: (1) The State Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act, other than those of Chapter III. (2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:-- 1[(i) the qualifications required to be fulfilled by a person to be appointed as a mutawalli under clause (i) of section 3; (ia) other particulars which the report of the Survey Commissioner may contain under clause (f) of sub-section (3) of section 4;] (ii) any other matter under clause (f) of sub-section (4) of section 4; (iii) the particulars which a list of 2[Auqaf] published under sub-section (2) of section 5, may contain; (iv) the manner of election of members of the Board by means of a single transferable vote, 3[under sub-section (1) of ] sub-section (2) of section 14; (v) the terms and conditions of service of the Chief Executive Officer under sub-section (2) of section 23; (vi) the conditions and restrictions subject to which the Chief Executive Officer or any other officer may inspect any public office, records or registers under section 29; 4[(via) the period within which the mutawalli or any other person may produce documents related to waqf properties under sub-section (2) of section 31; (vib) the conditions under which an agency of the Government or any other organisation may supply copies of records, registers and other documents under sub-section (3) of section 31;] (vii) the conditions subject to which an Executive Officer and supporting staff may be appointed under sub-section (1) of section 38; (viii) the manner in which an inquiry may be held by the Chief Executive Officer under sub-section (1) of section 39; (ix) the form in which, and the time within which, a separate budget for 5[Auqaf] under the direct management of the Board shall be prepared under sub-section (1) of section 45; (x) the interval at which accounts of 5[Auqaf] may be audited in pursuance of the provisions of sub-section (1) of section 47; 6 * * * * * (xii) the guidance subject to which the Collector shall recover the property transferred in contravention of the provisions of this Act, under section 52; (xiii) the manner of service of notice issued under sub-section (1) of section 54 and the manner in which any inquiry is to be made under sub-section (3) of that section; (xiv) the manner in which any inquiry may be held under section 64 or section 71; (xv) the other matters which may be specified in the report submitted under sub-section (3) of section 65; (xvi) the manner of publication of order made under sub-section (2) of section 67; (xvii) the manner in which consultation may be made with mutawalli under sub-section (1) of section 69; (xviii) the manner of publication of order made under sub-section (3) of section 69; (xix) the rate at which contribution is to be made by a mutawalli under section 72; (xx) the payment of moneys into the 7[Waqf] Fund, the investment, the custody and disbursement of such moneys under section 77; (xxi) the form in which, and the time within which, the budget of the Board may be prepared and submitted under section 78; (xxii) the time within which application is to be made to the Tribunal under sub-section (2) of section 83; 8[(xxiia) the terms and conditions of appointment including the salaries and allowances payable to the Chairman and other members other than persons appointed as ex officio members under sub-section (4A) of section 83;] (xxiii) the procedure which the Tribunal shall follow under sub-section (6) of section 83; (xxiv) the form in which the annual report is to be submitted and the matters which such report shall contain under section 98; and (xxv) any other matter which is required to be, or may be, prescribed. 1. Subs. by s. 57, ibid., for clause (i) (w.e.f. 1-11-2013). 2. Subs. by s. 4, ibid., for "wakfs" (w.e.f. 1-11-2013). 3. Subs. by s. 57, ibid., for "under" (w.e.f. 1-11-2013). 4. Ins. by s. 57, ibid. (w.e.f. 1-11-2013). 5. Subs. by Act 27 of 2013, s. 4, for "wakfs" (w.e.f. 1-11-2013). 6. Cl. (xi) omitted by s. 57, ibid. (w.e.f. 1-11-2013). 7. Subs. by s. 4, ibid., for "wakf" (w.e.f. 1-11-2013). 8. Ins. by s. 57, ibid. (w.e.f. 1-11-2013).

Title: Powers to make regulations by the Board

Description: (1) The Board may, with previous sanction of the State Government, make regulations not inconsistent with this Act or the rules made thereunder, for carrying out its functions under this Act. (2) In particular, and without prejudice to the generality of the foregoing powers, such regulations may provide for all or any of the following matters, namely— (a) the time and places of the meetings of the Board under sub-section (1) of section 17; (b) the procedure and conduct of business at the meetings of the Board; (c) the constitution and functions of the committees and the Board and the procedure for transaction of business at the meetings of such committees; (d) the allowances or fees to be paid to the Chairperson or members of the Board or members of committees; (e) the terms and conditions of service of the officers and other employees of the Board under sub-section (2) of section 24; (f) the forms of application for registration of 1[Auqaf] further particulars to be contained therein and the manner and place of registration of 1[Auqaf] under sub-section (3) of section 36; (g) further particulars to be contained in the register of 1[Auqaf] under Section 37; (h) the form in which, and the time within which, the budgets of 1[Auqaf] may be prepared and submitted by the Mutawalli and approved by the Board under sub-section (1) of section 44; (i) the books of accounts and other books to be maintained by the Board under section 79; (j) fees payable for inspection of proceedings and records of the Board or for issue of copies of the same; (k) persons by whom any order or decision of the Board may be authenticated; and (l) any other matter which has to be, or may be, provided by regulations. (3) All regulations made under this section shall be published in the Official Gazette and shall have effect from the date of such publication. 1. Subs. by Act 27 of 2013, s. 4, for "wakfs" (w.e.f. 1-11-2013).

CHAPTER 9 MISCELLANEOUS