State Act

THE UTTAR PRADESH MUSLIM WAQFS ACT, 1960

This Act was repealed on 1 January 1996 by the Waqf Act, 1995 (Central Act 43 of 1995), s.112(3); it may still apply to matters that began before then.

29. (1) Every other waqf, whether subject to this Act or not and whether created before or after the commencement of this Act, shall be registered at the office of the Board of the sect to which the waqf belongs. (2) Application for registration shall be made by the mutawalli within three months of his entering into possession of the waqf property : Provided that such applications may be made by the waqf or his descendants or a beneficiary of the waqf or any Muslim belonging to the sect to which the waqf belongs. (3) The application for registration shall be made in such form and manner and at such place as the Board may prescribe and shall contain the following particulars, as far as possible- (a) a description of the waqf properties sufficient for the identification thereof ; (b) the gross annual income from such properties ; (c) the amount of land revenue, cesses, and rates and taxes annually payable in respect of the waqf properties; (d) an estimate of the expenses annually incurred in the realization of the income of the waqf properties ; (e) the amount set apart under the waqf for- (i) the salary of the mutawalli and allowances to individuals, (ii) purely religious purposes ; (iii) charitable purposes; and (iv) any other purpose; and (f) any other particulars prescribed by the Board. (4) Every such application [shall be accompanied by a copy of the Waqf Deed or, if no such deed has been executed or a copy there of cannot be obtained, shall contain full particulars, as far as they are known to the applicant, of the origin, nature and objects of the 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 for the signing and verification of pleadings. (6) The Board may require the applicant to supply such other particulars or information as it may consider necessary. (7) On receipt of an application for registration, the Board may, before the registration of the waqf, make such inquires as it thinks fit in respect of the genuineness and validity of the application and the correctness of any particular therein, and, when the application is made by any person other than the person administering the waqf property, the Board shall, before registering the waqf give notice of the application to the person administering the waqf property and shall, after affording him a reasonable opportunity of being heard, pass such orders as it may deem fit. (8) Any person aggrieved by an order of the Board under sub-section (7) may, by application within 90 days from the date of that order, refer the dispute to the Tribunal which shall give its decision thereon.