The Wakf Amendment Act, 1984, 69 of 1984 (Rep., Act 43 of 1995)

Section 42. For section 43A of the principal Act, the following section shall be substituted, namely:

Repealed or not in force · As amended up to 2026-08

(2) The State Government may, on its own motion or on the application of any person interested in the wakf, call for the records of any case for the purpose of satisfying itself as to the correct- Substitution of section 43A. Assumption of direct management of certain wakfs by the Board. 688 Wakf (Amendment) [ACT 69 ness, legality or propriety of the notification issued by the Board under sub-section (1) and pass such orders as it may think fit and the orders so made by the State Government shall be final and shall be published in the manner specified in sub-section (1). (4) The State Government shall examine the report submitted to it under sub-section (3) and, after such examination, issue such directions or instructions to the Board as it may think fit and the Board shall comply with such instructions on receipt thereof.". Insertion of new sections 43B to 43F. (3) As soon as possible after the close of every financial year, the Board shall send to the State Government, a detailed report in regard to every wakf under its direct management, giving therein— (a) the details of the income of the wakf for the year immediately preceding the year under report; (b) the steps taken to improve the management and income of the wakf; (c) the period during which the wakf has been under the direct management of the Board and explaining the reasons as to why it has not been possible to entrust the management of the wakf to the mutawalli or any committee of management during the year; and (d) such other matters as may be prescribed. 42. For section 43A of the principal Act, the following section shall be substituted, namely:— "43A. (1) Where no suitable person is available for appointment as a mutawalli of a wakf, or where the Board is satisfied, for reasons to be recorded by it in writing, that the filling up of the vacancy in the office of a mutawalli is prejudicial to the interests of the wakf, the Board may, by notification in the Official Gazette, assume direct management of the wakf for such period or periods, not exceeding five years in the aggregate, as may be specified in the notification.

Source: India Code