The Wakfs Act 1954, 29 of 1954, (Rep., Act 43 of 1995) · III — ESTABLISHMENT OF BOARDS AND THEIR FUNCTIONS

Section 15. Functions of the Board

Repealed or not in force · As amended up to 2026-08

(3) Where the Board has settled any scheme of management under clause (d) of sub-section (£) or given any direction under clause (e) of sub-section (2), any person interested in the wakf or affected by such settlement or direction may institute a suit in a civil court of competent jurisdiction for setting aside such settlement or directions and the decision of the civil court thereon shall be final. 15. Functions of the Board. — (1) Subject to any rules that may be made under this Act, the general superintendence of all wakfs in a State shall vest in the Board established for the State; and it shall be the duty of the Board so to exercise its powers under this Act as to ensure that the wakfs under its superintendence are properly maintained, controlled and administered and the income thereof is duly applied to the objects and for the purposes for which such wakfs were created or intended: Provided that in exercising its powers under this Act in respect of any wakf, the Board shall act in"" conformity with the directionsof the wakif, the purposes of the wakf and any usage or custom of the wakf sanctioned by the Muslim law. SEC. II THE GAZETTE OF INDIA EXTRAORDINARY (2) Without prejudice to the generality of the foregoing power, the factions ot the Board shall b e - ta) to maintain a record containing information relating to the origin, income, object and beneficiaries of every wakf; (b) to ensure that the income and other property of wakfs are applied to the objects and for the purposes for which such wakfs were created or intended; (c) to give directions for the administration of wakfs; Jid) to settle schemes of management for a wakf: Provided that no such settlement shall be made without giving the parties affected an opportunity of being heard; (e) in any case where the objects of the wakf are not evident from any written instrument or the objects for which they were created have ceased to exist, to direct in what manner the income of the wakf or the surplus income thereof shall be utilised; but no such direction shall be given without giving the parties affected an opportunity of being heard. Explanation.—For the purposes of thii clause, the powers of the Board shall be exercised,— (i) in the case of a Sunni wakf, by the Sunni members of the Board only; and (ii) in the case of a Shia wakf, by the Shia members of the Board only: Provided that where having regard to the number of the Sunni or Shia members in the Board and other circumstances, it appears to the Bc/ard that its power should not be exercised by such members only, it may co-opt such other Muslims being Sunnis or Shias, as the case may be, as it thinks fit, to be temporary members of the Board for exercising its powers under this clause; (f) to scrutinise and approve the budgets submitted by mutawallis and to arrange for the auditing of accounts of wakfs; (g) to appoint and remove mutawallis in accordance with the provisions of this Act; (h) to take measures for the recovery of lost properties of any wakf; (i) to institute and defend suits and proceedings in a court of law relating to wakfs;

Source: India Code