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Wakf Act, 1995 – Section Summary

SectionRuleKey ConceptCase Law
3Definitions (Wakf, Mutawalli, Board)Explains basic terms like Wakf (religious property), Mutawalli (manager), and Board.Syed Mohd. Salie Labbai v. Mohd. Hanifa
4Survey of WakfsState must survey Wakf properties and collect details.
5Publication of list of WakfsList of Wakfs must be published officially.
6Disputes regarding Wakf propertyDisputes on Wakf property must be decided under the Act.Board of Muslim Wakfs v. Radha Kishan \nPunjab Wakf Board v. Gram Panchayat
7Power of Tribunal to determine disputesTribunal decides if a property is Wakf or not.Punjab Wakf Board v. Gram Panchayat
9Central Wakf CouncilCentral body advises government on Wakf matters.
13Establishment of State Wakf BoardsEach State must create a Wakf Board.
14Composition of BoardExplains members and structure of Wakf Board.
18Functions of BoardBoard supervises and manages Wakf properties.
25Duties of Chief Executive OfficerCEO manages administration and reports to Board.
32Powers and functions of BoardBoard controls and protects Wakf property.Sayyed Ali v. Andhra Pradesh Wakf Board
36Registration of WakfEvery Wakf must be registered with the Board.
40Decision if property is WakfBoard can decide if a property is Wakf.
51Restrictions on transfer of Wakf propertyWakf property cannot be sold or transferred without approval.Tamil Nadu Wakf Board v. Hathija Ammal
52Recovery of Wakf propertyBoard can recover Wakf property transferred wrongly.
54Removal of encroachmentIllegal occupants can be removed from Wakf property.Delhi Wakf Board v. Anis Ahmed Rushdie
64Removal of MutawalliMutawalli can be removed for misconduct or neglect.
67Supervision of Wakf by BoardBoard supervises all Wakfs in the State.
72Wakf fundFunds are created for administration of Wakfs.
83Constitution of Wakf TribunalSpecial Tribunal is set up to decide disputes.Ramesh Gobindram v. Sugra Humayun Mirza Wakf \nBoard of Wakf v. Anis Fatma Begum
85Bar of jurisdiction of civil courtsCivil courts cannot hear matters assigned to Tribunal.Board of Wakf v. Anis Fatma Begum
89Notice before suitNotice must be given before filing suit against Board.