Repealed or not in force · As amended up to 2026-08
(4) Any person aggrieved by the order of the Collector under sub-section ( 2 ) may, within a period of thirty days from the date of the service of the mder, prefer an appeal to the district court within whose jurisdiction the property is situate and the decision of the district court on such appeal shall be final.
EzpEanution.-In this sub-section, "district court" means, ir, m y area for which there is a city civil court, that court, and, in any other area, the principal civil court of original jurisdiction.
(6) In exercising his functions under this section, the Collector shall be guided by such rules as may be made in this behalf -by the State Government.".
Amend12. Clause ( g ) of sub-section (I) of section 41 of the pinsfpal rlient of section 41. Act shall be omitted.
`OF 19641` Wakf (Antendment) 249 13: In section 43 of the principal Act,- Amendment of (a) in sub-section (I), for clause (b), the following clauses section 43. shall be substituted, namely:{'(b) has been convicted of an offence criminal breach of trust or any other offence involving moral turpitude; OT (c) ' misappropriates or deals improperly with the properties of, the wakf; or
(d) is of unsound mind `ocr` is suffering from other men- tal or physical defect or infirmity which would render him unfit to perform the functions and discharge the duties `ei` a mutawdli; or
( e ) has failed to pay, without reasonable excuse, for two conseci~tive years, the c~ntri~bution payable by him under section 46,";
(b) in sub-s<?ction (2), after the wards "appointed by the Board", the words "or any person or authority not being a court of law" shall be inserted;
(c) after sub-section (4),, the following subsection shall be inserted, namely: -
(5) Where an order passed under sub-section ( 2 ) has not been complied with and the time for appealing against such order has expired without an appeal having been preferred or the appeal, if any, preferred within that time has been dismissed, the Co1lecto;r shall obtain possession olf the property in respect elf which the order has been made, using such force, if any, as may be necessary for the purpose and deliver it to the Board.
36B. ( 7 ) If the Board is satisfied, after making an inquiry , ixccovc,y in such manner as may be prescribed, that any immovable prowakf property perty of a walrf entered as such in the register of wakfs main- transferred tained under section 26, has been transferred without the previ- k$;y0j ous sanction of the Board ;n con1,ravention'of the provisions of section 3 6 ~ . section 36A, it may send a requisition to the Collector within whose jurisdiction the property is situate to obtain and deliver possession of the property to it.
`248` Wakf ( A m e n d m e n t )
[ACT 34
( 2 ) On receipt .of a requisition under sub-section (I), the Collector shall pass an order directing the person in possession of the property to deliver the property to the Board within a period of thirty days fro~rn the date nf the service of the order.
(3) Every order passed under sub-section ( 2 ) shall be served-
(a) by giving or tendering the order or by sending it by post to the person for whom it is intended; or
(b) if such person cannot be found, by affixing the order on some conspicuous part of his last-known place of abode or b~~siness, or by giving or tendering the order to some adult male member or servant of his family or by causing it to be affixed on some conspicuous part of the property to which it relates:
Provided that where the person on whom the order is to be served is a minor, service upon his guardian or upon any adult male member or servant of his family shall be deemed to be service upon the minor.
"(4A) A niu.tawalli who is aggrieved by an order pass- ed under any 04 the clauses -(c) to (e) of sub-section (I) or under sub-section (2) may, within one month from the date of the receipt by him of the order, appeal against the ordm to the Slate Government and the decision of the State Government on such appeal shall be final and shall not be questioned in any court of law.";
( d ) after sub-section (5), the following sub-section shall be inserted, namely: -
"(6) A mutawalli of a wakf removed from his offlee under this section shall not be eligible for appointment `as` a mvtawalli 01 that wakf for a period of five years from the date of such removal.". 14. ~ f i e r section .23 of the principal Act, the following section Insertion ot new shall be inserted, namely : - section 4YA.
"43A. (1) '??here no suitable person is available for appoint- Amumption `of` ?r!ent as a rnutamalli of a walrf under ~pction 42 or under subsection (2) of section 43, the Board may, by notification in the tlldnage- Official Gazette, assume direct management of the wakf for ~ ~ sllch period or periods, not exceeding in the aggregate five years, wakfsby the Board ;IS may be specified in the notification.
~
|||akf(Amendment)||
|---|---|---|---|
|||(2)Notwithstanding anything containedinsection33,the|the|
|||accountsqfevery wakf ynder the direct management of<br>the|the|
|||Board shall be audited annuallybyan auditor to be appointed|an auditor to be appointed|
|||Qy the Board, from among chartered accountants in practice|Qy the Board, from among chartered accountants in practice|
|||within the meaning of the Chartered Accountants Act,1949.".|s8,f1949.|
|Amend-||15.In section45of the principalAct,fwsub-section (1), thefol-|fol-|
|rucrltof<br>section45.||lowing sub-section shall be substituted, namely:-||
|||"(1) The Board may, either onanapplication received under||
|||section44or on its own motion,||
|||(a)hold an inquiry in such manner asmaybe pres-||
|||cribed; or||
|||(b)aubhorise any personin<br>this behalf<br>to hold an|to hold an|
|||inquiry,||
|||into any matter relating to a wakf and take such actionasit||
|||thinks fit.".||
|4inend-||16.In section46of the principal Act, in sub-section (I), for the|of the principal Act, in sub-section (I), for the|
|inentof<br>section46.||word "five5', the word "six" shallbesubstituted.||
|4nlelld-<br>r:lent of<br>,tLtion48.|.|.<br>17.In section48of$heprincipal Act,forsub-section<br>(I), the<br>following sub-sections shall be substituted, namely:-|(I), the|
|||"_(1)_All monies received or realised by the Board under this|All monies received or realised by the Board under this|
|||Act and all other monies received as danations, benefactionsor|or|
|||grants by the Board shall form a fund to be called theWakf||
|||Fund.||
|||(IAj<br>monies receivedbythe Board as donations, bene-||
|||factions and grants shallbedeposited and accounted for undera|a|
|||separate sub-head.".||
|Onliarion||18.Section54of the principal Act shall be omitted.||
|v,isert~on|sert~on|||
|54.||||
|~ u u ~ q t ~ t u - .<br>tionoi<br>,,,,,,c-|~ u u ~ q t ~ t u - .|~ u u ~ q t ~ t u - .19.For section55ofthe priilcipa: *4ct,thefollowing section shall<br>hesubstituted, namely:-|following section shall|
|'1011for||||
|section53||||
|lnstitur~on<br>d tsuits<br>under||"55.(1)Asuit to obtain any of the reliefs mentioned in<br>secticn92of the Code of Civil Procedure,1908,relating to any|50f1908|
|ac~ilon_92_||wakf may, notwithstanding anything to the contrary contained||
|, ~ f_the&tlc_<br>.,tCivil|&tlc|int,hat secti~n, be instituted by the Board without obtaining the||
|Proceclure||:ansent referred to therein,||
|1908.||||
||||Wakf (Amendment)||
|---|---|---|---|---|
||||_(2)_No suit to obtain any of the reliefs referred to in sectiurl|No suit to obtain any of the reliefs referred to in sectiurl|
|5|5of|of1908.|92ofthe Cmode of Civil Procedure,1908,relating to any wakf|relating to any wakf|
||||shall be instituted by any person or authority other than the|shall be instituted by any person or authority other than the|
||||Board dithout the consent in writing of the Board and for the|Board dithout the consent in writing of the Board and for the|
||||institution of any such suit, it shall not be necessary to obtain|institution of any such suit, it shall not be necessary to obtain|
||||the consent referred to in that section, notwithstanding anything|the consent referred to in that section, notwithstanding anything|
||||contained tfierein:||
||||Provided 'that nothing in this sub-section shall apply in|Provided 'that nothing in this sub-section shall apply in|
||||relation to any 'such suit against the Board.".||
||||20.In section62of the principal Act, for sub-section (I), the|of the principal Act, for sub-section (I), thei~:,"~|
||||following sub-section sball be substituted, namely:-|section62.|
||||"(I) The Central Government may issue such directions, as|"(I) The Central Government may issue such directions, as|
||||it may think fit, on questions of policy to be followed by a|it may think fit, on questions of policy to be followed by a|
||||Boardandfor issuing such directions it may call for any periodic|for issuing such directions it may call for any periodic|
||||or other report or information from any Board through the|or other report or information from any Board through the|
||||~overnment<br>of the State concerned.".||
||||21.After section66Bof the'principal Act, the following section<br>shall be inserted, namely:-|Insertion<br>of new<br>section|
|||||66C.|
||||"66C. Notwithstanding anything contained in this Act whereApplica-<br>any movable or immovable property has been given or donsted2:::||
||||by any person not professing Islam for the support of a wakf|properties|
||||being-|givenor<br>donated|
|||||bypersons|
||||(a) a mosque, idgah, imambara, dargah, khangah--a?$%:::-||
||||maqbara;|for support|
|||||of certain|
||||_( b )_a Muslim graveyard;|rvakk.|
||||(c)a choultry or a musafarkhana,||
||||then such property shall be deemed to be comprised in that||
||||wakf and be dealt with in the same manner as the wakf in||
||||which it is so comprised.".||
||||22.In section67of the principal Act,-|hmend-<br>luent of|
|||||section67.|
||||(a)in sub-section_( 1 ) ,_for the words "purposes of this Act",||
||||the words, figures and letter "purposes of this Act other than||
||||tfiose of ChapterIIA"shall be substituted;||
||||(b)in sub-section(Z),inclause(h);the words "and approved||
||||by the State Government" shall. be omitted.||
Amendmen t `of` section 69. Insertion 7 and Schedule. Removal of difficultie~.
Decision if a property is `wakf` property.
f (Amendment) `[ACT` 34 `OF 19645`
23, In section I69 of &ha principal.Act, in clause (2) of sub-section ( I ) , the woids.a~d fi&fe-"Section 5 of" shall be omitted.
`24.` After section 69 of the principal Act, the following section and Schedule shall be inserted, namely: -
'70. If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the purposes of this Act, as appear to it to be necessary or expedient for removing the difficulty.
THESCHEDULE
[See secti,on 9 (IA)]
Source: India Code