Ministry of Minority Affairs
The Waqf Act, 1995, was enacted to provide for the better administration of Auqaf (plural of Waqf) and for matters connected therewith or incidental thereto. This act aims to consolidate and amend the laws relating to Waqfs, ensuring their proper management and utilization for the intended purposes. The Act does not specify a particular ministry; however, it falls under the purview of the Ministry of Minority Affairs in India.
Enactment Date, Number of Chapters, Number of Sections:
The Waqf Act, 1995, was enacted on November 22, 1995. The Act is structured into 9 chapters and 113 sections. These sections cover various aspects of Waqf administration, including surveys, registration, management, finance, judicial proceedings, and miscellaneous provisions.
Act Governed By:
The Act is primarily governed by the provisions outlined within its sections. It establishes the framework for the management of Waqf properties, the duties and powers of the Waqf Board, the Central Waqf Council, and Mutawallis. It also provides for the resolution of disputes through Tribunals and outlines the financial and administrative aspects of Waqf management.
On Whom It Is Applicable:
The Waqf Act, 1995, is applicable to all Waqfs, whether created before or after the commencement of the Act, except for the Durgah Khawaja Saheb, Ajmer, which is governed by its own specific act. It applies to the Waqf Board, Mutawallis, beneficiaries, and all individuals involved in the administration and management of Waqf properties.
Penalties/Punishments:
The Act prescribes penalties for non-compliance and violations. These include fines and imprisonment for offenses such as:
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Failure to apply for registration of Waqf.
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Furnishing false statements or accounts.
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Failure to allow inspection or deliver possession of Waqf property.
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Failure to comply with the directions of the Board or Tribunal.
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Unauthorized alienation of Waqf property.
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Misappropriation of Waqf funds.
The penalties range from fines to imprisonment, and in some cases, both.
Important Pointers:
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The Act mandates the survey and registration of all Waqf properties.
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It establishes a Central Waqf Council to advise on matters related to Waqfs.
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State governments are responsible for establishing Waqf Boards to manage Waqf properties.
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Mutawallis are responsible for the proper management and administration of individual Waqfs.
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The Act emphasizes transparency and accountability in the management of Waqf funds.
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It provides for the resolution of disputes through Tribunals.
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The Act empowers the Board to take over the direct management of Waqfs in certain circumstances.
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It prohibits the alienation of Waqf properties without prior sanction.
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The Act ensures that Waqf properties are used for the purposes for which they were intended.
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The Act has been amended over time to address emerging issues and challenges.
Act Copy: