36. Registration.—(1) Every 2
[waqf], whether created before or after the commencement of this Act,
shall be registered at the office of the Board.
(2) Application for registration shall be made by the mutawalli:
Provided that such applications may be 3
[made by the waqf] or his descendants or a beneficiary of the
2
[waqf] or any Muslim belonging to the sect to which the 2
[waqf] belongs.
(3) An application for registration shall be made in such form and manner and at such place as the
Board may by regulation provide and shall contain the following particulars:—
(a) a description of the 2
[waqf] properties sufficient for the identification thereof;
(b) the gross annual income from such properties;
(c) the amount of land revenue, cesses, rates and taxes annually payable in respect of the 2
[waqf]
properties;
(d) an estimate of the expenses annually incurred in the realisation of the income of the 2
[waqf]
properties;
(e) the amount set apart under the 2
[waqf] for—
(i) the salary of the mutawalli and allowances to the individuals;
(ii) purely religious purposes;
(iii) charitable purposes; and
(iv) any other purposes;
(f) any other particulars provided by the Board by regulations.
(4) Every such application shall be accompanied by a copy of the 2
[waqf] deed or if no such deed has
been executed or a copy thereof cannot be obtained, shall contain full particulars, as far as they are known
to the applicant, of the origin, nature and objects of the 2
[waqf].
(5) Every application made under sub-section (2) shall be signed and verified by the applicant in the
manner provided in the Code of Civil Procedure, 1908 (5 of 1908) for the signing and verification of
pleadings.
(6) The Board may require the applicant to supply any further particulars or information that it may
consider necessary.
1. Subs. by Act 27 of 2013, s. 4, for “wakfs” (w.e.f. 1-11-2013).
2. Subs. by s. 4, ibid., for “wakf” (w.e.f. 1-11-2013).
3. Subs. by s. 24, ibid., for “made by the wakf” (w.e.f. 1-11-2013).
22
(7) On receipt of an application for registration, the Board may, before the registration of the 1
[waqf]
make such inquiries as it thinks fit in respect of the genuineness and validity of the application and
correctness of any particulars therein and when the application is made by any person other than the
person administering the 1
[waqf] property, the Board shall, before registering the 1
[waqf], give notice of
the application to the person administering the 1
[waqf] property and shall hear him if he desires to be
heard.
(8) In the case of 2
[auqaf] created before the commencement of this Act, every application for
registration shall be made, within three months from such commencement and in the case of 2
[auqaf]
created after such commencement, within three months from the date of the creation of the 1
[waqf]:
Provided that where there is no Board at the time of creation of a 1
[waqf], such application will be
made within three months from the date of establishment of the Board.
37. Register of 2
[auqaf].— 3
[(1)] The Board shall maintain a register of 2
[auqaf] which shall contain
in respect of each 1
[waqf] copies of the 1
[waqf] deeds, when available and the following particulars,
namely:—
(a) the class of the 1
[waqf];
(b) the name of the mutawallis;
(c) the rule of succession to the office of mutawalli under the 1
[waqf] deed or by custom or by
usage;
(d) particulars of all 1
[waqf] properties and all title deeds and documents relating thereto;
(e) particulars of the scheme of administration and the scheme of expenditure at the time of
registration;
(f) such other particulars as may be provided by regulations.
4
[(2) The Board shall forward the details of the properties entered in the register of auqaf to the
concerned land record office having jurisdiction of the waqf property.
(3) On receipt of the details as mentioned in sub-section (2), the land record office shall, according to
established procedure, either make necessary entries in the land record or communicate, within a period
of six months from the date of registration of waqf property under section 36, its objections to the Board.]
38. Powers of Board to appoint Executive Officer.—(1) Notwithstanding anything contained in this
Act, the Board may, if it is of the opinion that it is necessary so to do in the interests of the 1
[waqf],
appoint on whole-time or part-time or in an honorary capacity, subject to such conditions as may be
provided by regulations, an Executive Officer with such supporting staff as it considers necessary for any
1
[waqf] having a gross annual income of not less than five lakh rupees:
Provided that the person chosen for appointment should be a person professing Islam.
(2) Every Executive Officer appointed under sub-section (1) shall exercise such powers and discharge
such duties as pertain only to the administration of the property of the 1
[waqf] for which he has been
appointed and shall exercise those powers and discharge those duties under the direction, control and
supervision of the Board:
Provided that the Executive Officer who is appointed for a 1
[waqf] having a gross annual income of
not less than five lakh rupees shall ensure that the budget of the 1
[waqf] is submitted, the accounts of the
1
[waqf] are regularly maintained, and the yearly statement of accounts are submitted within such time as
the Board may specify.
(3) While exercising his powers and discharging his functions under sub-section (2), the Executive
Officer shall not interfere with any religious duties or any usage or custom of the 1
[waqf] sanctioned by
the Muslim law.
1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013).
2. Subs. by s. 4, ibid., for “wakfs” (w.e.f. 1-11-2013).
3. S. 37 numbered as sub-section (1) thereof by s. 25, ibid. (w.e.f. 1-11-2013).
4. Ins. by s. 25, ibid. (w.e.f. 1-11-2013).
23
(4) The salaries and allowances of the Executive Officer and his staff shall be fixed by the Board and
in fixing the quantum of such salary the Board shall have due regard to the income of the 1
[waqf], the
extent and nature of the duties of the Executive Officer and shall also ensure that the amounts of such
salaries and allowances are not disproportionate to the income of the 1
[waqf] and do not operate as an
unnecessary financial burden on it.
(5) The salaries and allowances of the Executive Officer and his staff shall be paid by the Board from
the 1
[Waqf] Fund and, if the 1
[waqf] generates any additional income as a result of appointment of the
Executive Officer, the Board may claim reimbursement of amounts spent on the salaries and allowances
from the fund of the 1
[waqf] concerned.
(6) The Board may, for sufficient reasons, and after giving to the Executive Officer or a member of
his staff, a reasonable opportunity of being heard, suspend, remove or dismiss the Executive Officer or a
member of his staff from his post.
(7) Any Executive Officer or a member of his staff who is aggrieved by any order or removal or
dismissal made under sub-section (6) may, within thirty days from the date of communication of the
order, prefer an appeal against the order to the Tribunal and the Tribunal may, after considering such
representation as the Board may make in the matter, and after giving a reasonable opportunity to the
Executive Officer or a member of his staff of being heard, confirm, modify or reverse the order.
39. Powers of Board in relation to 2
[auqaf] which have ceased to exist.—(1) The Board shall, if it
is satisfied that the objects or any part thereof, of a 1
[waqf] have ceased to exist, whether such cesser took
place before or after the commencement of this Act, cause an inquiry to be held by the Chief Executive
Officer, in the prescribed manner, to ascertain the properties and funds pertaining to such 1
[waqf].
(2) On the receipt of the report of inquiry of the Chief Executive Officer, the Board shall pass an
order,—
(a) specifying the property and funds of such 1
[waqf];
(b) directing that any property or funds pertaining to such 1
[waqf] which have been recovered
shall be applied or utilised for the renovation of any 1
[waqf] property and where there is no need for
making any such renovation or where utilisation of the funds for such renovation is not possible, be
appropriated, to any of the purposes specific in sub-clause (iii) of clause (e) of sub-section (2) of
section 32.
(3) The Board may, if it has reason to believe that any building or other place which was being used
for religious purpose or instruction or for charity has, whether before or after the commencement of this
Act, ceased to be used for that purpose, make an application to the Tribunal for an order directing the
recovery of possession of such building or other place.
(4) The Tribunal may, if it is satisfied, after making such inquiry as it may think fit, that such building
or other place—
(a) is 1
[waqf] property;
(b) has not been acquired under any law for the time being in force relating to acquisition of land
or is not under any process of acquisition under any such law, or has not vested in the State
Government under any law for the time being in force relating to land reforms; and
(c) is not in the occupation of any person who has been authorised by or under any law for the
time being in force to occupy such building or other place, make an order—
(i) directing the recovery of such building or place from any person who may be in
unauthorised possession thereof, and
(ii) directing that such property, building or place be used for religious purpose or instruction
as before, or if such use is not possible, be utilised for any purpose specified in sub-clause (iii) of
clause (e) of sub-section (2) of section 32.
1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013).
2. Subs. by s. 4, ibid., for “wakfs” (w.e.f. 1-11-2013).
24
40. Decision if a property is 1
[waqf] property.—(1) The Board may itself collect information
regarding any property which it has reason to believe to be 1
[waqf] property and if any question arises
whether a particular property is 1
[waqf] property or not or whether a 1
[waqf] is a Sunni 1
[waqf] or a
Shia 1
[waqf], it may, after making such inquiry as it may deem fit, decide the question.
(2) The decision of the Board on a question under sub-section (1) shall, unless revoked or modified
by the Tribunal, be final.
(3) Where the Board has any reason to believe that any property of any trust or society registered in
pursuance of the Indian Trusts Act, 1882 (2 of 1882) or under the Societies Registration Act, 1860
(21 of 1860) or under any other Act, is 1
[waqf] property, the Board may notwithstanding anything
contained in such Act, hold an inquiry in regard to such property and if after such inquiry the Board is
satisfied that such property is 1
[waqf] property, call upon the trust or society, as the case may be, either to
register such property under this Act as 1
[waqf] property or show cause why such property should not be
so registered:
Provided that in all such cases, notice of the action proposed to be taken under this sub-section shall
be given to the authority by whom the trust or society had been registered.
(4) The Board shall, after duly considering such cause as may be shown in pursuance of notice issued
under sub-section (3), pass such orders as it may think fit and the order so made by the Board, shall be
final, unless it is revoked or modified by a Tribunal.
41. Power to cause registration of 1
[waqf] and to amend register.—The Board may direct a
mutawalli to apply for the registration of a 1
[waqf], or to supply any information regarding a 1
[waqf] or
may itself cause the 1
[waqf] to be registered or may at any time amend the register of 2
[auqaf].
42. Change in the management of 2
[auqaf] to be notified.—(1) In the case of any change in the
management of a registered 1
[waqf] due to the death or retirement or removal of the mutawalli, the
incoming mutawalli, shall forthwith, and any other person may notify the change to the Board.
(2) In the case of any other change in any of the particulars mentioned in section 36, the mutawalli
shall, within three months from the occurrence of the change, notify such change to the Board.
43. 2
[Auqaf] registered before the commencement of this Act deemed to be registered.—
Notwithstanding anything contained in this Chapter, where any 1
[waqf] has been registered before the
commencement of this Act, under any law for the time being in force, it shall not be necessary to register
the 1
[waqf] under the provisions of this Act and any such registration made before such commencement
shall be deemed to be a registration made under this Act.