WAKF ACT 1954, PART 1

ACT NO. 29 OF 1954 1*

[21st May, 1954.]

An Act to provide for the better administration and supervision of wakfs. BE it enacted by Parliament in the Fifth Year of the Republic of India as follows:-

CHAP PRELIMINARY CHAPTER I PRELIMINARY

Short title, extent and commencement.

  1. Short title, extent and commencement. (1) This Act may be called the Wakf Act, 1954.
  • It extends to the whole of India except the State of Jammu and
  • It shall come into force in a State to which this Act extends on such date 2* as the Central Government may, by notification in the Official Gazette, appoint in this behalf for that State; and different dates may be appointed for different States: Provided that in respect of any of the States of Bihar, 3*** Uttar Pradesh and West Bengal, no such notification shall be issued except on the recommendation of the State Government concerned: 4*[Provided further that where on account of the territorial changes brought about by the States Reorganisation Act, 1956, (37 of 1956) this Act is, as from the 1st day of November, 1956, applicable only to a part of a State, the Central Government may, by notification in the 1 Supplemented by Madras Act 19 of The Act has been extended to Pondicherry by Act 26 of 1968,
  1. 3 and Sch. 2 15th January 1955–Ajmer, Andaman and Nicobar Islands, Coorg, Hyderabad, Kutch, Madhya Bharat, Madras, Mysore, Patiala and East Punjab States Union, Tripura and Vindhya Pradesh–Notification No. SRO 53, dated the 4th January, 1955, Gazette of India, Extraordinary, Pt. II, Sec. 3, p. 7; 1st February, 1955–Assam and Travancore-Cochin, 1st April 1955– Andhra and Rajasthan–Notification No. SRO 282. dated the 22nd January, 1955, Gazette of India, Extraordinary, 1955, Pt. II, Sec. 3, p. 199; 20th December, 1955–Bhopal–Notification No. SRO 3696, dated the 20th December, 1955, Gazette of India, Extraordinary, Pt. II, Sec. 3. p. 2501; 1st June, 1958–Orissa– Notification No. G.S.R. 428, dated the 23rd May, 1958, Gazette of India, Pt. II, Sec. 3(i), p.
  2. 1st October. 1962–Union territory of Delhi–Notification No. G.S.R. 1283, dated the 24th September, 1962, Gazette of India, Pt. II, Sec. 3(i), p. 1464. 12th April, 1973–Bihar– Notification No. G.S.R. 197(E), dated the 7th April, 1973, Gazette of India, Extraordinary, Pt. II, Sec. 3(i), p. 539. 3 The word “Delhi,” omitted by Act 30 of 1959, s. 2. 4 Ins. by s. 2, ibid. Am. in Kerla by kerla Act 18 of 1972. Am. in Bihar by Bihar Act 3 of 1975. Am. in Mysore by Mysore Act 52 of 1976. 104 Official Gazette, bring this Act into force in the remaining part of that State with effect from such date 1* as may be specified in the notification.]

Application of the Act. 2.Application of the Act. Save as otherwise expressly provided under this Act, this Act shall apply to all wakfs whether created before or after the commencement of this Act: Provided that nothing in this Act shall apply to Durgah Khawaja Saheb, Ajmer, to which 2*[the Durgah Khawaja Saheb Act, 1955, (36 of 1955.) applies].

Definitions. 3.Definitions. In this Act, unless the context otherwise requires,– (a) “beneficiary” means a person or object for whose benefit a wakf is created and includes religious, pious and charitable objects and any other objects of public utility 3*[sanctioned by he Muslim law]; (b) “benefit” does not include any benefit which a mutawalli is entitled to claim solely by reason of his being such mutawalli; (c) “Board” means a Board of Wakfs established under

4*[subsection (1), or as the case may be, under sub- section (1A) of section 9]; (d) “Commissioner” means a Commissioner of Wakfs appointed under section 4 and includes any additional or assistant commissioner of wakfs; 5*[(dd) “Council” means the Central Wakf Council established under section 8A;] ———————————————-

———————– 1 10th October, 1959–In the remaining parts of Punjab– Notification No. G.S.R. 1126, dated the 1st October, 1959, Gazette of India, 1959, Pt. II, Sec. 3(i), p. 1401. 1st November, 1959–In the remaining part of Rajasthan– Notification No. G.S.R. 1204, dated the 26th October, 1959, Gazette of India, 1959, Pt. II Sec. 3(i), p. 1500. 1st January, 1960–In the remaining part of Madhya Pradesh. vide Notification No. G.S.R. 40, dated the 2nd January, 1960, Gazette of India, 1960, Pt. II Sec. 3(i), p. 46. 1st December, 1961–In the remaining part of Mysore, vide Notification No. G.S.R. 1431, dated the 20th November, 1961, Gazette of India, Pt. II, Sec. 3(i), p. 1761. 20th November, 1967–In that part of the Union territory of Himachal Pradesh in which it is not already in force; vide

S.O. 4062, dated the 8th November, 1967, Gazette of India, Pt. II, Sec. 3(ii), p.

3 Subs. by Act 34 of 1964, s. 2, for “established for the benefit of the Muslim community”. 4 Subs. by s. 2, ibid., for “section 9”. 5 Ins. by s. 2, ibid. 105 (e) “member” means a member of the Board and includes the Chairman; (f) “mutawalli” means any person appointed either verbally or under any deed or instrument by which a wakf has been created or by a competent authority to be the mutawalli of a wakf and includes any naib- mutawalli, khadim, mujawar, sajjadanishin, amin or other person appointed by a mutawalli to perform the duties of a mutawalli and, save as otherwise provided in this Act, any person or Committee for the time being managing or administering any wakf property as such; 1*[(g) “net annual income”, in relation to a wakf, means the gross income thereof from all sources in a year excluding only– (i) land revenue, cess, rates and taxes payable to the Government or any local authority; and (ii) donations given or offerings made with a specific direction that they shall form part of the corpus of the  wakf: Provided that the interest or income, if any, accruing from such donations or offerings shall be taken into account in calculating the gross annual income;] (h) “person interested in a wakf” means any person who is entitled to receive any pecuniary or other benefits from the wakf and includes,– (i) any person who has a right to worship or to perform any religious rite in a mosque, idgah, imambara, dargah, khangah, maqbara, graveyard or any other religious institution connected with the wakf or to participate in any religious or charitable institution under the wakf; (ii) the wakif and any descendant of the wakif and the mutawalli; (i) “prescribed”, 2*[except in Chapter IIA], means prescribed by rules made by the State Government under this Act —————————–

—————————————- 1 Subs. by Act 38 of 1969, s. 3, for the former clause (with retrospective effect). 2 Ins. by Act 34 of 1964, s. 2. 106 and includes the regulations made by the Board under this Act; (i) “Shia wakf” means a wakf governed by Shia law; (k) “Sunni wakf” means a wakf governed by Sunni law; (l) “wakf” means the permanent dedication by a person professing Islam of any movable or immovable property for any purpose recognised by the Muslim law as pious, religious or charitable and includes– (i) a wakf by user; 1[(ii) grants (including mashrut-ul-khidmat) for any purpose recognised by the Muslim law as pious, religious or charitable; and] (iii) a wakf-alal-aulad to the extent to which the property is dedicated for any purpose recognised by Muslim law as pious, religious or charitable; and “wakif” means any person making such dedication;

(m) “wakf deed” means any deed or instrument by which a wakf has been created and

includes and valid subsequent deed or instrument by which any of the terms of the original dedication have been varied.

CHAP SURVEY OF WAKFS CHAPTER II SURVEY OF WAKF

Preliminary survey of wakfs.

  1. Preliminary survey of wakfs. (1) The State Government may, by notification in the Official Gazette, appoint for the State a Commissioner of Wakfs and as many additional or assistant commissioners of wakfs as may be necessary for the purpose of making a survey of wakf properties existing in the State at the date of the commencement of this Act.
  • All additional and assistant commissioners of wakfs shall perform their functions under this Act under the general supervision and control of the Commissioner of
  • The Commissioner shall, after making such inquiry as he may consider necessary, submit his report 2*[in respect of wakfs existing —————————————————-

—————– 1 Subs. by s. 2, ibid., for sub-clause (ii). 1 Ins. by Act 38 of 1969, s. 4 (with retrospective effect). 107 at the date of the commencement of this Act in the State or any part thereof,] to the State Government containing the following particulars, namely:- (a) the number of wakfs 1*[in the State, or as the case may be, any part thereof], showing the Shia wakfs and Sunni wakfs separately; (b) the nature and objects of each wakf; (c) the gross income of the property comprised in each wakf; (d) the amount of land revenue, cesses, rates and taxes payable in respect of such property; (e) the expenses incurred in the realisation of the income and the pay or other remuneration of the mutawalli of each wakf; and (f) such other particulars relating to each wakf as may be prescribed.

  • The commissioner shall, while making any inquiry, have the same powers as are vested in a civil court under the Code of Civil Procedure. 1908 (5 of 1908) in respect of the following matters, namely :– (a) summoning and examining any witness; (b) requiring the discovery and production of any document; (c) requisitioning any public record from any court or office; (d) issuing commissions for the examination of any witness or accounts; (e) making any local inspection or local investigation; (f) any other matter which may be
  • If, during any such inquiry, any dispute arises as to whether a particular wakf is a Shia wakf or Sunni wakf and there are clear indications in the deed of wakf as to its nature, the dispute shall be decided on the basis of such

Publication of list of wakfs.

  1. Publication of list of wakfs. (1) On receipt of a report under

sub-section (3) of section 4, the State Government shall forward a copy of the same to the Board.

(2) The Board shall examine the report forwarded to it under

sub-section (1) and publish, in the Official Gazette, a list of wakfs 2*[existing in the State, or as the case may be, the part of the State                                                                                                       

——— 1 Subs. by Act 38 of 1969, s. 4, for “in the State” (with retrospective effect). 2 Subs. by s. 5, ibid., for “existing in the State” (with retrospective effect). 108 to which the report relates, and] containing such particulars as may be prescribed.

Disputes regarding wakfs.

  1. Disputes regarding wakfs. (1) If any question arises 1*[whether a particular property specified as wakf property in a list

of wakfs published under sub-section (2) of section 5 is wakf property or not or whether a wakf specified in such list is a Shia wakf or Sunni wakf], the Board or the mutawalli of the wakf or any person interested therein may institute a suit in a civil court of competent jurisdiction for the decision of the question and the decision of the civil court in respect of such matter shall be final : Provided that no such suit shall be entertained by the civil court after the expiry of one year from the date of the publication of the list of wakfs under sub-section (2) of section 5 : 2*[Provided further that in the case of the list of wakfs relating to any part of the State and published or purporting to have been published before the commencement of the Wakf (Amendment) Act, 1969, (38 of 1969.) such suit may be entertained by the civil court within the period of one year from such commencement.]

  • Notwithstanding anything contained in sub-section (1), no proceeding under this Act in respect of any wakf shall be stayed by reason only of the pendency of any such suit or of any appeal or other proceeding arising out of such
  • The Commissioner shall not be made a party to any suit under

sub-section (1) and no suit, prosecution or other legal proceeding shall lie against him in respect of anything which is in good faith done or intended to be done in pursuance of this Act or of any rules made thereunder.

  • The list of wakfs published under sub-section (2) of section 5 shall, unless it is modified in pursuance of a decision of the civil

court under sub-section (1), be final and conclusive. Recovery of costs of survey.

  1. Recovery of costs of survey. (1) The total cost of making a survey 3*[including the cost of 4*[publication of the list or lists of wakfs]] under this Chapter shall be borne 4*[by all the mutawallis of the wakfs the net annual income whereof exceeds one hundred rupees, in proportion to the net annual income accruing in the State to such wakfs], such proportion being assessed by the Commissioner. —————————————————

—————— 1 Subs. by Act 38 of 1969, s. 6, for certain words (with retrospective effect). 2 Ins. by s. 6, ibid. 3 Ins. by Act 34 of 1964, s. 3. 4 Subs. by Act 38 of 1969, s. 7, for certain words. 108A

  • Notwithstanding anything contained in the deed or instrument by which the wakf was created, any mutawalli may pay from the income

of the wakf any sum due from him under sub-section (1).

  • Any sum due from a mutawalli under sub-section (1) may, on a certificate issued by the State Government, be recovered from the property comprised in the wakf in the same manner as an arrear of land

Chapter II not to apply to certain States. 8. Chapter II not to apply to certain States. The provisions of this Chapter shall not apply to any State where a survey of wakf properties existing in the State has, before the commencement of this Act, been made under any law in force in that State.

CHAP CENTRAL WAKF COUNCIL 1*[CHAPTER IIA CENTRAL WAKF COUNCIL 8A.

Establishment and constitution of the Central Wakf Council.

8A. Establishment and constitution of the Central Wakf Council.

  • For the purpose of advising it, on matters concerning the working of Boards and the due administration of wakfs, the Central Government may, by notification in the Official Gazette, establish a Council to be called the Central Wakf
  • The Council shall consist of a Chairman, who shall be the Union Minister in charge of wakfs, and such other members not exceeding twenty in number, as may be appointed by the Central
  • The term of office of, the procedure to be followed in the discharge of their functions by, and the manner of filling casual vacancies among, members of the Council shall be such as may be prescribed by rules made by the Central Government. The ter 8B. Finances of the

8B. Finances of the Council. (1) Every Board shall pay from its Wakf Fund annually to the Council such contribution as is equivalent to one per cent. of the aggregate of the net annual income 2* of the wakfs in respect of which contribution is payable under sub- section

  • of section 46: Provided that where the Board in the case of any particular wakf has remitted under sub-section (2) of section 46 the whole of the

contribution payable to it under sub-section (1) of that section, then for calculating the contribution payable to the Council under this section, the net annual income 2* of the wakf in respect of which such remission has been granted shall not be taken into account.

                                                                                            1  Ins.  by  Act  34  of  1964,  s.  4.  2

Certain words omitted by Act 38 of 1969, s. 8. 109

  • All monies received by the Council under sub-section (1) and all other monies received by it as donations, benefactions and grants shall form a fund to be called the Central Wakf
  • Subject to any rules that may be made by the Central Government in this behalf, the Central Wakf Fund shall be under the control of the Council and may be applied for such purposes as the Council may deem fit. 8C. Accounts and

8C. Accounts and audit. (1) The Council shall cause to be maintained such books of account and other books in relation to its accounts in such form and in such manner as may be prescribed by rules made by the Central Government.

  • The accounts of the Council shall be audited and examined annually by such auditor as may be appointed by the Central
  • The costs of the audit shall be paid from the Central Wakf Fund. 8D. Power of Central Government to make

8D. Power of Central Government to make rules. (1) The Central Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Chapter.

  • In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :- (a) the term of office of, the procedure to be followed in the discharge of their functions by, and the manner of filling casual vacancies among, the members of the Council ; (b) control over and application of the Central Wakf Fund ; (c) the form and manner in which accounts of the Council may be
  • Every rule made by the Central Government under this Chapter shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days, which may be comprised in one session or 1*[in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid,”] both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be ; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.] ———————————————-

———————– 1 Subs. by Act 4 of 1986, s. 2 and sch. (w.e.f. 15 5.1986) 110

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