Section 52A of The Waqf Act, 1995
1[52A. Penalty for alienation of waqf property without sanction of Board.---(1) Whoever alienates or purchases or takes possession of, in any manner whatsoever, either permanently or temporarily, any movable or immovable property being a waqf property, without prior sanction of the Board, shall be punishable with 2[imprisonment] for a term which may extend to two years: Provided that the waqf property so alienated shall without prejudice to the provisions of any law for the time being in force, 3[be reverted back to the waqf] without any compensation therefor. 4* * * * *
- (3)No court shall take cognizance of any offence under this section except on a complaint made by the Board or any officer duly authorised by the State Government in this behalf. 5* * * * *]
Summary
- This section creates a criminal penalty for anyone who buys or takes possession of waqf property without the Board's approval.
- Any person who illegally takes such property can be punished with up to two years in prison.
- The property that was transferred illegally must be returned to the waqf without the buyer getting any of their money back.
- A court cannot start a case for this crime unless the Board or a special government officer makes an official complaint.
- This section ensures that people who try to bypass the law to take waqf land face serious personal consequences.
Practical examples
FAQ
1. What is the maximum prison sentence under Section 52A of The Waqf Act, 1995?
Under Section 52A of The Waqf Act, 1995, a person can be punished with imprisonment for a term of up to two years.
2. Does a buyer get their money back if the property is taken under Section 52A of The Waqf Act, 1995?
No, Section 52A of The Waqf Act, 1995, states the property will be reverted back to the waqf without any compensation to the buyer.
3. Who can file a complaint for an offence under Section 52A of The Waqf Act, 1995?
Under Section 52A of The Waqf Act, 1995, only the Board or an officer authorized by the State Government can make the complaint to the court.
4. Does Section 52A of The Waqf Act, 1995, apply to temporary possession?
Yes, Section 52A of The Waqf Act, 1995, applies to anyone who takes possession in any manner whatsoever, whether permanently or temporarily.
Test yourself
Q1.Under Section 52A of The Waqf Act, 1995, what is the maximum term of imprisonment for illegal alienation of waqf property?
Q2.If property is taken back under Section 52A of The Waqf Act, 1995, how much compensation is the person who held it entitled to?
Q3.Under Section 52A of The Waqf Act, 1995, a court can only take notice of this offence if the complaint is made by:
Q4.Combining Section 51 and 52A of The Waqf Act, 1995, what is the result of buying waqf property without Board sanction?