Section 35 of The Waqf Act, 1995
- (1)Where the Chief Executive Officer is satisfied that the mutawalli or any other person who has been ordered under sub-section (3) or sub-section (5) of section 33 to make any payment, with intent to defeat or delay the execution of the said order,---
- (a)is about to dispose of the whole or any part of his property; or
- (b)is about to remove the whole or any part of his property from the jurisdiction of the Chief Executive Officer, he may, with prior approval of the Board, apply to the Tribunal for the conditional attachment of the said property or such part thereof, as he may think necessary.
- (2)The Chief Executive Officer shall, unless the Tribunal otherwise directs, specify in the application the property required to be attached and the estimated value thereof.
- (3)The Tribunal may direct the mutawalli or the person concerned, as the case may be, within a time to be fixed by it, either to furnish security, in such sum as may be specified in the order, to produce and place at the disposal of the Tribunal when required, the said property or the value of the same or such portion thereof as may be sufficient to satisfy the amount specified in the certificate referred to in section 34, or to appear and show cause why he should not furnish such security.
- (4)The Tribunal may also in the order direct the conditional attachment of the whole or any portion of the property so specified.
- (5)Every attachment made under this section shall be made in accordance with the provisions of the Code of Civil Procedure, 1908 (5 of 1908), as if it were an order for attachment made under the provision of the said Code.
Summary
- The Chief Executive Officer can apply to a Tribunal to temporarily seize the property of a person who was ordered to pay money under Section 33 of the law.
- This action is taken if the person tries to sell their property or move it out of the area to avoid paying what they owe.
- The Board must give its approval before the Chief Executive Officer makes this application for attachment.
- The Tribunal has the power to order the person to provide a security deposit or show a reason why their property should not be seized.
- All property seizures under Section 35 must follow the rules set by the Code of Civil Procedure, 1908.
Practical examples
FAQ
1. Can a person's property be seized immediately under Section 35 of The Waqf Act, 1995?
No, the Chief Executive Officer must first get approval from the Board and then apply to the Tribunal, which may then order a conditional attachment under Section 35 of The Waqf Act, 1995.
2. What can a person do to stop an attachment under Section 35 of The Waqf Act, 1995?
The person can appear before the Tribunal to show cause or provide a security deposit in the amount required to satisfy the debt as per Section 35 of The Waqf Act, 1995.
3. Does the Chief Executive Officer need to specify the value of the property in the application under Section 35 of The Waqf Act, 1995?
Yes, the Chief Executive Officer must list the specific property to be attached and its estimated value in the application made under Section 35 of The Waqf Act, 1995.
Test yourself
Q1.Under Section 35 of The Waqf Act, 1995, who must the Chief Executive Officer get approval from before applying for property attachment?
Q2.To trigger Section 35 of The Waqf Act, 1995, the person must have been previously ordered to make a payment under which specific section?
Q3.According to Section 35 of The Waqf Act, 1995, what can the Tribunal require a person to do instead of attaching their property?
Q4.Which legal code governs the way attachments are carried out under Section 35 of The Waqf Act, 1995?