The Waqf Act

Short title, extent and commencement

Application of the Act

Definitions

Preliminary survey of auqaf

Publication of list of auqaf

Disputes regarding auqaf

Power of Tribunal to determine disputes regarding auqaf

State Government to bear cost of survey

Establishment and constitution of Central Waqf Council

Finance of Council

Accounts and audit

Power of Central Government to make rules

Incorporation

Composition of Board

Term of office

Disqualification for being appointed, or for continuing as, a member of the Board

Meetings of the Board

Committees of the Board

Resignation of Chairperson and members

Removal of Chairperson and member

Removal of Chairperson by vote of no confidence

Filling of a vacancy

Vacancies, etc., not to invalidate proceedings of the Board

Appointment of Chief Executive Officer and his term of office and other conditions of service

Officers and other employees of the Board

Duties and powers of Chief Executive Officer

Powers of Chief Executive Officer in respect of orders or resolutions of Board

Delegation of powers by the Board

Power of District Magistrate, Additional District Magistrate or Sub-Divisional Magistrate to  implement the directions of the Board

Powers of Chief Executive Officer to inspect records, registers, etc

Inspection of records

Prevention of disqualification for membership of Parliament

Powers and functions of the Board

Powers of inspection by Chief Executive Officer or persons authorised by him

Recovery of the amount determined under section 33

Conditional attachment by Tribunal

Registration

Register of auqaf

Powers of Board to appoint Executive Officer

Powers of Board in relation to auqaf which have ceased to exist

Decision if a property is waqf property

Power to cause registration of waqf and to amend register

Change in the management of auqaf to be notified

Auqaf registered before the commencement of this Act deemed to be registered

Budget

Preparation of budget of auqaf under direct management of the Board

Submission of Accounts of  auqaf

Audit of accounts of  auqaf

Board to pass orders on auditor's report

Sums certified to be due recoverable as arrears of land revenue

Duties of mutawalli

Alienation of waqf property without sanction of Board to be void

Recovery of waqf property transferred in contravention of section 51

Penalty for alienation of waqf property without sanction of Board

Restriction on purchase of property on behalf of waqf

Removal of encroachment from waqf property

Enforcement of orders made under section 54

Disposal of property left on waqf property by unauthorised occupants

Restriction on power to grant lease of waqf property

Mutawalli entitled to pay certain costs from income of waqf  property

Power of Board to pay dues in case of default by mutawalli

Creation of reserve fund

Extension of time

Penalties

Mutawalli not to spend any money belonging to waqf for self defence

Power to appoint mutawallis in certain cases

Removal of mutawalli

Assumption of direct management of certain auqaf by the Board

Powers of appointment and removal of mutawalli when to be exercised by the State Government

Supervision and supersession of committee of management

Duty of mutawalli or committee to deliver possession of records, etc

Power of Board to frame scheme for administration of waqf

Inquiry relating to administration of waqf

Manner of holding inquiry

Annual contribution payable to Board

Power of Chief Executive Officer to direct banks or other person to make payments

Deduction of contribution from perpetual annuity payable to the waqf

Power of board to borrow

Mutawalli not to lend or borrow moneys without sanction

Waqf Fund

Budget of Board

Accounts of Board

Audit of accounts of Board

State Government to pass orders on auditor's report

Dues of Board to be recovered as arrears of land revenue

Constitution of Tribunals, etc

Tribunal to hold proceedings expeditiously and to furnish to the parties copies of its decision

Bar of jurisdiction of civil courts

Appointment of a receiver in certain cases

Omitted

Bar to challenge of validity of any notification, etc

Notice of suits by parties against Board

Notice of suits, etc., by court

Proceedings under the Act 1 of 1894

Board to be party to suit or proceedin

Bar to compromise of suits by or against mutawall

Power to make application to the Tribunal in case of failure of mutawalli to discharge his duties

Power of appellate authority to entertain appeal after expiry of specified period

Power of Central Government to regulate secular activities of auqaf

Directions by State Governmen

All sections

(1) For the purpose of giving effect to the provisions of this Act,
the Board may, with the previous sanction of the State Government, borrow such sum of money and on
such terms and conditions as the State Government may determine.

(2) The Board shall repay the money borrowed, together with any interest or costs due in respect
thereof, according to the terms and conditions of the loan.


LAWGIST

# 75 Power of board to borrow