S.1 Short title and commencement

       (1) This Act may be called the Wakf (Amendment) Act, 2013.
       (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

S.2 Amendment of long title

In the long title to the Wakf Act, 1995(43 of 1995) (hereinafter referred to as the principal Act), for the word "Wakfs", the word "Auqaf" shall be substituted.

S.3 Amendment of section 1

In section 1 of the principal Act, in sub-section (1), for the word "Wakf", the word "Waqf" shall be substituted.

S.4 Substitution of references to certain expressions by certain other expressions

Throughout the principal Act, for the words "wakf" "wakfs" and "wakif", wherever they occur, the words "waqf", "auqaf" and "waqif" shall, respectively, be substituted, and such other consequential amendments as the rules of grammar may require shall also be made.

S.5 Amendment of section 3

       In section 3 of the principal Act,--
       (i) after clause (e), the following clause shall be inserted, namely:--
       '(ee) "encroacher" means any person or institution, public or private, occupying waqf property, in whole or part, without the authority of law and includes a person whose tenancy, lease or licence has expired or has been terminated by mutawalli or the Board;';
       (ii) for clause (g), the following clause shall be substituted, namely:--
       '(g) "list of auqaf" means the list of auqaf published under sub-section (2) of section 5 or contained in the register of auqaf maintained under section 37;';
       (iii) in clause (i), after the proviso, the following provisos shall be inserted, namely:-
   

S.6 Amendment of section 4

       In section 4 of the principal Act,--
       (a) in sub-section (1), for the words "wakfs existing in the State at the date of the commencement of this Act", the words "auqaf in the State" shall be substituted;
       (b) after sub-section (1), the following sub-section shall be inserted, namely:--
       "(1A) Every State Government shall maintain a list of auqaf referred to in sub-section (1) and the survey of auqaf shall be completed within a period of one year from the date of commencement of the Wakf (Amendment) Act, 2013, in case such survey was not done before the commencement of the Wakf (Amendment) Act, 2013:
       Provided that where no Survey Commissioner of Waqf has been appointed, a Survey Commissioner for auqaf shall be appointed within three months from the date

S.7 Amendment of section 5

       In section 5 of the principal Act,--
       (a) in sub-section (2), for the words "publish in the Official Gazette", the words "forward it back to the Government within a period of six months for publication in the Official Gazette" shall be substituted;
       (b) after sub-section (2), the following sub-sections shall be inserted, namely:--
       "(3) The revenue authorities shall--
       (i) include the list of auqaf referred to in sub-section (2), while updating the land records; and
       (ii) take into consideration the list of auqaf referred to in sub-section (2), while deciding mutation in the land records.
       (4) The State Government shall maintain a record of the lists published under

S.8 Amendment of section 6

       In section 6 of the principal Act, in sub-section (1),--
       (a) for the words "any person interested therein", the words "any person aggrieved" shall be substituted;
       (b) after the proviso, the following proviso shall be inserted, namely:--
       "Provided further that no suit shall be instituted before the Tribunal in respect of such properties notified in a second or subsequent survey pursuant to the provisions contained in sub-section (6) of section 4.";
       (c) the Explanation shall be omitted.

S.9 Amendment of section 7

       In section 7 of the principal Act,--
       (a) in sub-section (1),--
       (i) for the words "any question", the words "any question or dispute" shall be substituted;
       (ii) for the words "or any person interested", the words and figure "or any person aggrieved by the publication of the list of auqaf under section 5" shall be substituted;
       (b) after sub-section (5), the following sub-section shall be inserted, namely:--
       "(6) The Tribunal shall have the powers of assessment of damages by unauthorised occupation of waqf property and to penalise such unauthorised occupants for their illegal occupation of the waqf property and to recover the damages as arrears of land revenue through the Collector:
   &nbs

S.10 Substitution of new section for section 8

       For section 8 of the principal Act, the following section shall be substituted, namely:--
       "8. State Government to bear cost of survey.--The total cost of making a survey including the cost of publication of the list or lists of auqaf under this Chapter shall be borne by the State Government.".

S.11 Amendment of section 9

       In section 9 of the principal Act,--
       (a) for sub-section (1), the following sub-sections shall be substituted, namely:--
       "(1) The Central Government may, by notification in the Official Gazette, establish a Council to be called the Central Waqf Council, for the purpose of advising the Central Government, the State Governments and the Boards on matters concerning the working of Boards and the due administration of auqaf.
       (1A) The Council referred to in sub-section (1) shall issue directives to the Boards, on such issues and in such manner, as provided under sub-sections (4) and (5).";
       (b) in sub-section (2), in clause (b),--
       (i) for sub-clause (ii), the following sub-clause shall be substituted, namely:--<

S.12 Amendment of section 13

       In section 13 of the principal Act,--
       (a) after sub-section (1), the following proviso shall be inserted, namely:--
       "Provided that in case where a Board of Waqf has not been established, as required under this sub-section, a Board of Waqf shall, without prejudice to the provisions of this Act or any other law for the time being in force, be established within six months from the date of commencement of the Wakf (Amendment) Act, 2013.";
       (b) after sub-section (2), the following sub-section shall be inserted, namely:--
       "(2A) Where a Board of Waqf is established under sub-section (2) of section 13, in the case of Shia waqf, the Members shall belong to the Shia Muslim and in the case of Sunni waqf, the Members shall belong to the Sunni Muslim.".

S.13 Amendment of section 14

       In section 14 of the principal Act,--
       (I) in sub-section (1),--
       (i) for the words "the Union territory of Delhi", wherever they occur, the words "the National Capital Territory of Delhi" shall be substituted;
       (ii) in clause (b),--
       (a) for sub-clause (iii), the following sub-clause shall be substituted, namely:--
       "(iii) Muslim members of the Bar Council of the concerned State or Union territory:
       Provided that in case there is no Muslim member of the Bar Council of a State or a Union territory, the State Government or the Union territory administration, as the case may be, may nominate any senior Muslim advocate from that State or the Union territory, and";
&n

S.14 Amendment of section 15

In section 15 of the principal Act, the words, brackets and figures "from the date of notification referred to in sub-section (9) of section 14" shall be inserted at the end.

S.15 Amendment of section 16

       In section 16 of the principal Act, after clause (d), the following clause shall be inserted, namely:--
       "(da) he has been held guilty of encroachment on any waqf property;".

S.16 Insertion of new section 20A

       After section 20 of the principal Act, the following section shall be inserted, namely:--
       "20A. Removal of Chairperson by vote of no confidence.--Without prejudice to the provisions of section 20, the Chairperson of a Board may be removed by vote of no confidence in the following manner, namely:--
       (a) no resolution expressing a vote of confidence or no confidence in any person elected as Chairperson of a Board shall be moved except in the manner prescribed and twelve months have not elapsed after the date of his election as a Chairperson and be removed except with the prior permission of the State Government;
       (b) notice for no confidence shall be addressed to the State Government stating clearly the grounds on which such motion is proposed to be moved and shall be signed by at least half the t

S.17 Amendment of section 23

       In section 23 of the principal Act, for sub-section (1), the following sub-section shall be substituted, namely:--
       "(1) There shall be a full-time Chief Executive Officer of the Board who shall be a Muslim and shall be appointed by the State Government, by notification in the Official Gazette, from a panel of two names suggested by the Board and who shall not be below the rank of Deputy Secretary to the State Government, and in case of non-availability of a Muslim officer of that rank, a Muslim officer of equivalent rank may be appointed on deputation.".

S.18 Substitution of new section for section 27

       For section 27 of the principal Act, the following section shall be substituted, namely:--
       "27. Delegation of powers by Board.--The Board may, by a general or special order in writing, delegate to the Chairperson, any other member, the Chief Executive Officer or any other officer or servant of the Board or any area committee, subject to such conditions and limitations as may be specified in the said order, such of its powers and duties under this Act, as it may deem necessary, except the powers and functions of the Board mentioned under clauses (c), (d), (g) and (j) of sub-section (2) of section 32 and section 110.".

Legal Commentary on WAKF (AMENDMENT) ACT, 2013 - Section 18

Introduction

The WAKF (AMENDMENT) ACT, 2013 was enacted to amend the Waqf Act of 1995, aiming to enhance the governance and management of Waqf properties in India. Section 18 specifically addresses the establishment of committees by the Waqf Board for better administration.

What does Section 18 Say

Section 18 empowers the Waqf Board to establish committees for specific purposes or areas, thereby facilitating more localized and effective management of Waqf properties.

Essential Ingredients

• Establishment of Committees: The Board can create committees for general or specific purposes.
• Scope of Authority: These committees can operate in designated areas as determined by the Board.

Scope of Section

The scope of Section 18 is broad, allowing the Waqf Board to tailor the establishment of committees based on the needs of different regions or specific objectives related to Waqf management.

Punishment for Section

The Act does not explicitly outline punishments related to Section 18; however, non-compliance with the orders of the Waqf Board may lead to penalties as per other sections of the Act.

Legal Comments

• Empowerment - Section 18 empowers the Waqf Board to delegate responsibilities, enhancing operational efficiency in managing Waqf properties. [ Wakf(Amendment) Act, 2013 - Ministry of Minority Affairs]
• Local Governance - The establishment of committees allows for localized governance, which can lead to better management tailored to specific community needs. [ section 18 of wakf act - Indian Kanoon]
• Flexibility - The provision grants flexibility to the Waqf Board in addressing diverse challenges faced by Waqf properties across different regions. [ Wakf(Amendment) Act, 2013 - Ministry of Minority Affairs]
• Community Representation - By allowing the formation of committees, the Act encourages community involvement in the management of Waqf properties. [ Concerns and Controversies Surrounding the Waqf (Amendment)]
• Administrative Efficiency - The ability to create committees can lead to more efficient administration and quicker decision-making processes. [ section 18 of wakf act - Indian Kanoon]
• Potential for Misuse - There are concerns that the centralization of control under the Waqf Board could lead to misuse of power, affecting traditional governance structures. [ India's Waqf Amendment Bill 2024 - Frontline - The Hindu]
• Regulatory Framework - Section 18 is part of a broader regulatory framework aimed at improving the management of Waqf properties, which is crucial for their preservation and utilization. [ The Wakf (Amendment) Act, 2013 - PRSIndia.org]
• Implementation Challenges - The practical implementation of this section may face challenges, particularly in areas with existing traditional governance structures. [ Concerns and Controversies Surrounding the Waqf (Amendment)]
• Role of Committees - The committees established under this section are expected to play a crucial role in addressing local issues related to Waqf properties. [ Wakf(Amendment) Act, 2013 - Ministry of Minority Affairs]
• Legal Clarity - The section provides legal clarity on the powers of the Waqf Board, which is essential for effective governance. [ section 18 of wakf act - Indian Kanoon]
• Impact on Stakeholders - The changes brought by Section 18 may significantly impact various stakeholders, including local communities and Waqf beneficiaries. [ Concerns and Controversies Surrounding the Waqf (Amendment)]
• Future Amendments - The ongoing discussions about further amendments indicate that Section 18 may evolve to address emerging challenges in Waqf management. [ The Waqf (Amendment) Bill, 2024 - PRSIndia.org]
• Need for Oversight - There is a need for oversight mechanisms to ensure that the committees operate transparently and in the best interest of the community. [ India's Waqf Amendment Bill 2024 - Frontline - The Hindu]
• Cultural Sensitivity - The establishment of committees must be sensitive to the cultural and religious significance of Waqf properties. [ Concerns and Controversies Surrounding the Waqf (Amendment)]
• Legal Framework - Section 18 is part of a comprehensive legal framework that seeks to modernize the management of Waqf properties while respecting traditional practices. [ The Wakf (Amendment) Act, 2013 - PRSIndia.org]
• Community Trust - Building trust within the community is essential for the successful implementation of the provisions under Section 18. [ Concerns and Controversies Surrounding the Waqf (Amendment)]
• Long-term Vision - The establishment of committees reflects a long-term vision for sustainable management of Waqf properties. [ Wakf(Amendment) Act, 2013 - Ministry of Minority Affairs]
• Legal Recourse - Stakeholders should be aware of their legal rights and recourse options in case of disputes arising from the actions of these committees. [ section 18 of wakf act - Indian Kanoon]

S.19 Substitution of new section for section 28

       For section 28 of the principal Act, the following section shall be substituted, namely:--
       "28. Power of District Magistrate, Additional District Magistrate or Sub-Divisional Magistrate to implement the directions of the Board.--Subject to the provisions of this Act and the rules made thereunder, the District Magistrate or in his absence an Additional District Magistrate or Sub-Divisional Magistrate of a District in the State shall be responsible for implementation of the decisions of the Board which may be conveyed through the Chief Executive Officer and the Board may, wherever considers necessary, seek directions from the Tribunal for the implementation of its decisions.".

S.20 Amendment of section 29

       Section 29 of the principal Act shall be numbered as sub-section (1) thereof, and--
       (a) in sub-section (1) as so numbered, for the words "subject to such conditions and restrictions as may be prescribed and subject to the payment of such fees as may be leviable under any law for the time being in force", the words "subject to such conditions as may be prescribed" shall be substituted;
       (b) after sub-section (1) as so numbered, the following sub-sections shall be inserted, namely:--
       "(2) The mutawalli or any other person having the custody of any document related to waqf properties shall produce the same, within the prescribed period, before the Chief Executive Officer on being called upon to do so in writing.
       (3) Subject to such conditions as may be

S.21 Amendment of section 31

       In section 31 of the principal Act, the following shall be inserted at the end, namely:--
       "or a Member of Union territory Legislature or a Member of a State Legislature if so declared under a law made by the appropriate State Legislature".

S.22 Amendment of section 32

       In section 32 of the principal Act,--
       (I) in sub-section (2),--
       (a) for clause (j), the following clause, shall be substituted, namely:--
       "(j) to sanction lease of any immovable property of a waqf in accordance with the provisions of this Act and the rules made thereunder:
       Provided that no such sanction shall be given unless a majority of not less than two-thirds of the members of the Board present cast their vote in favour of such transaction:
       Provided further that where no such sanction is given by the Board, the reasons for doing so shall be recorded in writing.";
       (b) after clause (n), the following clause shall be inserted, namely:--
   &n

S.23 Amendment of section 33

       In section 33 of the principal Act, in sub-section (1),--
       (a) after the words "the Chief Executive Officer", the words "or any other person authorised by him in writing" shall be inserted;
       (b) the words "either himself or any other person authorised by him in writing in this behalf' shall be omitted.

S.24 Amendment of section 36

In section 36 of the principal Act, in sub-section (2), in the proviso, for the words "made by the wakf", the words "made by the waqf shall be substituted.

S.25 Amendment of section 37

       Section 37 of the principal Act shall be numbered as sub-section (1) thereof, and after sub-section (1) as so numbered, the following sub-sections shall be inserted, namely:--
       "(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.".

S.26 Amendment of section 44

       In section 44 of the principal Act,--
       (a) in sub-section (2), for the words "ninety days", the words "thirty days" shall be substituted;
       (b) for sub-section (3), the following sub-section shall be substituted, namely:--
       "(3) In case the Board considers any item in the budget being contrary to the objects of the waqf and the provisions of this Act, it may give such direction for addition or deletion of such item as it may deem fit".

S.27 Amendment of section 46

In section 46 of the principal Act, in sub-section (2), for the figure, letters and words "1st day of May", at both the places where they occur, the figure, letters and words "1st day of July" shall be substituted.

S.28 Amendment of section 47

       In section 47 of the principal Act,--
       (I) in sub-section (1),--
       (i) in clause (a), for the words "ten thousand rupees", the words "fifty thousand rupees" shall be substituted;
       (ii) in clause (b), for the words "ten thousand rupees", the words "fifty thousand rupees" shall be substituted;
       (iii) in clause (c), after the words "the State Government may,", the words "under intimation to the Board," shall be inserted;
       (II) in sub-section (3), in the first proviso, for the words "more than ten thousand rupees but less than fifteen thousand rupees", the words "more than fifty thousand rupees" shall be substituted.

S.29 Amendment of section 51

       In section 51 of the principal Act,--
       (i) for sub-section (1), the following sub-sections shall be substituted, namely:--
       "(1) Notwithstanding anything contained in the waqf deed, any lease of any immovable property which is waqf property, shall be void unless such lease is effected with the prior sanction of the Board:
       Provided that no mosque, dargah, khanqah, graveyard, or imambara shall be leased except any unused graveyards in the States of Punjab, Haryana and Himachal Pradesh where such graveyard has been leased out before the date of commencement of the Wakf (Amendment) Act, 2013.
       (1A) Any sale, gift, exchange, mortgage or transfer of waqf property shall be void ab initio:
       Provided that in case the

S.30 Amendment of section 52

In section 52 of the principal Act, in sub-section (1), after the words and figures "provisions of section 51", the words and figures "or section 56" shall be inserted.

S.31 Insertion of new section 52A

       After section 52 of the principal Act, the following section shall be inserted, namely:--
       "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 rigorous 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, be vested in the Board without any compensation therefor.
       (2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973(2 of 1974) any offence puni

S.32 Amendment of section 54

       In section 54 of the principal Act,--
       (a) in sub-section (3), for me words "he may, by an order, require the encroacher to remove", the words "he may, make an application to the Tribunal for grant of order of eviction for removing" shall be substituted;
       (b) for sub-section (4), the following sub-sections shall be substituted, namely:--
       "(4) The Tribunal, upon receipt of such application from the Chief Executive Officer, for reasons to be recorded therein, make an order of eviction directing that the waqf property shall be vacated by all persons who may be in occupation thereof or any part thereof, and cause a copy of the order to be affixed on the outer door or some other conspicuous part of the waqf property:
       Provided that the Tribunal may before m

S.33 Amendment of section 55

       In section 55 of the principal Act,--
       (a) for the word, brackets and figure "sub-section (3)", the word, brackets and figure "sub-section (4)" shall be substituted;
       (b) for the words "apply to the Sub-Divisional Magistrate", the words "refer the order of the Tribunal to the Executive Magistrate" shall be substituted.

S.34 Insertion of new section 55A

       After section 55 of the principal Act, the following section shall be inserted, namely:--
       "55A. Disposal of property left on waqf property by unauthorised occupants.
       (1) Where any person has been evicted from any waqf property under sub-section (4) of section 54, the Chief Executive Officer may, after giving fourteen days' notice to the person from whom possession of the waqf property has been taken and after publishing the notice in at least one newspaper having circulation in the locality and after proclaiming the contents of the notice by placing it on conspicuous part of the waqf property, remove or cause to be removed or dispose of by public auction any property remaining on such premises.
       (2) Where any property is sold under sub-section (1), the sale proceeds shall, after deducting the e

S.35 Amendment of section 56

       In section 56 of the principal Act,--
       (a) in sub-section (1),--
       (i) for the words "A lease or sub-lease for any period exceeding three years", the words "A lease for any period exceeding thirty years" shall be substituted;
       (ii) the following provisos shall be inserted at the end, namely:--
       "Provided that a lease for any period up to thirty years may be made for commercial activities, education or health purposes, with the approval of the State Government, for such period and purposes as may be specified in the rules made by the Central Government:
       Provided further that lease of any immovable waqf property, which is an agricultural land, for a period exceeding three years shall, notwithstanding anything co

S.36 Amendment of section 61

In section 61 of the principal Act, in sub-section (1), for the words "eight thousand rupees", the words, brackets and letters "ten thousand rupees for non-compliance of clauses (a) to (d) and in case of non-compliance of clauses (e) to (h), he shall be punishable with imprisonment for a term which may extend to six months and also with fine which may extend to ten thousand rupees" shall be substituted.

S.37 Amendment of section 65

       In section 65 of the principal Act, after sub-section (4), the following sub-section shall be inserted, namely:--
       "(5) Notwithstanding anything contained in sub-section (1), the Board shall take over the administration of a waqf, if the waqf Board has evidence before it to prove that management of the waqf has contravened the provisions of this Act.".

S.38 Amendment of section 68

       In section 68 of the principal Act,--
       (i) in sub-section (2), for the words "Magistrate of the first class" and "Magistrate", the words "District Magistrate, Additional District Magistrate, Sub-Divisional Magistrate or their equivalent" shall be substituted;
       (ii) in sub-sections (3), (4), (5) and sub-section (6), for the words "the Magistrate" the words "any Magistrate" shall be substituted.

S.39 Amendment of section 69

       In section 69 of the principal Act, for sub-section (1), the following sub-section shall be substituted, namely:--
       "(1) Where the Board is satisfied after an enquiry, whether on its own motion or on the application of not less than five persons interested in any waqf, to frame a scheme for the proper administration of the waqf, it may, by an order, frame such scheme for the administration of the waqf, after giving reasonable opportunity and after consultation with the mutawalli or others in the prescribed manner.".

S.40 Amendment of section 71

In section 71 of the principal Act, in sub-section (1), for the figures "73", the figures "70" shall be substituted.

S.41 Amendment of section 72

       In section 72 of the principal Act, in sub-section (1), in Explanation I, in clause (iii),--
       (i) after the words "following purposes", the words "in respect of lands directly under cultivation by the mutawalli for the benefit of the waqf" shall be inserted;
       (ii) in sub-clause (f), in the proviso, for the words "ten per cent.", the words "twenty per cent." shall be substituted;
       (iii) after the proviso, the following proviso shall be inserted, namely:--
       "Provided further that no such deduction shall be permitted in respect of waqf land given on lease, by whatever name called, whether batai or share cropping or any other name.".

S.42 Amendment of section 77

       In section 77 of the principal Act, in sub-section (4), after clause (f), the following clause shall be inserted, namely:--
       "(g) payment of maintenance to Muslim women as ordered by a court of competent jurisdiction under the provisions of the Muslim Women (Protection of Rights on Divorce) Act, 1986(25 of 1986).".

S.43 Amendment of section 81

       In section 81 of the principal Act, after the words "as it thinks fit", the following shall be inserted at the end, namely:--
       "and a copy of the said auditor's report, along with orders shall be forwarded by the State Government to the Council within a period of thirty days of laying of such report before each House of the State Legislature where it consists of two Houses or where such Legislatures consist of one House, before that House.".

S.44 Amendment of section 83

       In section 83 of the principal Act,--
       (a) for sub-section (1), the following sub-section shall be substituted, namely:--
       "(1) The State Government shall, by notification in the Official Gazette, constitute as many Tribunals as it may think fit, for the determination of any dispute, question or other matter relating to a waqf or waqf property, eviction of a tenant or determination of rights and obligations of the lessor and the lessee of such property, under this Act and define the local limits and jurisdiction of such Tribunals;";
       (b) for sub-section (4), the following sub-sections shall be substituted, namely:--
       "(4) Every Tribunal shall consist of--
       (a) one person, who shall be a member of the State Jud

S.45 Amendment of section 85

In section 85 of the principal Act, for the words "civil court", the words "civil court, revenue court and any other authority" shall be substituted.

S.46 Amendment of section 86

In section 86 of the principal Act, in clause (b), after the words "a previous mutawalli", the words "or by any other person" shall be inserted.

S.47 Omission of section 87

Section 87 of the principal Act shall be omitted.

S.48 Amendment of section 90

In section 90 of the principal Act, in sub-section (3), for the words "one month", the words "six months" shall be substituted.

S.49 Amendment of section 91

In section 91 of the principal Act, in sub-section (1), for the words "it appears to the collector before an award is made that any property", the words "and before an award is made, in case the property" shall be substituted.

S.50 Amendment of section 97

       In section 97 of the principal Act, the following proviso shall be inserted at the end, namely:--
       "Provided that the State Government shall not issue any direction being contrary to any waqf deed or any usage; practice or custom of the waqf.".

S.51 Amendment of section 99

       In section 99 of the principal Act,--
       (a) in sub-section (1), after the proviso, the following proviso shall be inserted, namely:--
       "Provided further that the power of the State Government under this section shall not be exercised unless there is a prima facie evidence of financial irregularity, misconduct or violation of the provisions of this Act.";
       (b) in sub-section (3), for clause (a), the following clause shall be substituted, namely:--
       "(a) extend the period of supersession by another six months with reasons to be recorded in writing and, the period of continuous supersession shall not exceed more than a year; or".

S.52 Amendment of section 102

In section 102 of the principal Act, in sub-section (2), for the words "after consulting the State Governments", the words "after consulting the Council and the State Governments" shall be substituted.

S.53 Insertion of new section 104A

       After section 104 of the principal Act, the following section shall be inserted, namely:--
       "104A. Prohibition of sale, gift, exchange, mortgage or transfer of waqf property.--
       (1) Notwithstanding anything contained in this Act or any other law for the time being in force or any waqf deed, no person shall sell, gift, exchange, mortgage or transfer any movable or immovable property which is a waqf property to any other person.
       (2) Any sale, gift, exchange, mortgage or transfer of property referred to in sub-section (1) shall be void ah initio".

Legal Commentary on WAKF (AMENDMENT) ACT, 2013 - Section 53

Introduction

The WAKF (AMENDMENT) ACT, 2013 was enacted to amend the Waqf Act of 1995, aiming to enhance the governance and management of Waqf properties in India. Among its various provisions, Section 53 specifically addresses the restrictions on the purchase of immovable property on behalf of Waqf.

What does Section 53 say?

Section 53 of the Waqf (Amendment) Act, 2013 stipulates that no immovable property shall be purchased for or on behalf of any Waqf from its funds without prior sanction from the Waqf Board. This provision is designed to ensure that the financial resources of Waqf are utilized judiciously and transparently.

Essential Ingredients

• Immovable Property: The section specifically refers to immovable property, indicating that it does not apply to movable assets.
• Prior Sanction: The requirement for prior approval from the Waqf Board is a critical component, ensuring oversight and accountability in property transactions.

Scope of Section

The scope of Section 53 is limited to the purchase of immovable properties using Waqf funds. It does not extend to other forms of transactions or to properties acquired through means other than Waqf funds.

Punishment for Section

While the specific punitive measures for violations of Section 53 are not detailed in the section itself, the broader context of the Waqf Act includes provisions for penalties related to unauthorized transactions and mismanagement of Waqf properties.

Legal Comments

• Restriction - Section 53 imposes a clear restriction on the purchase of property on behalf of Waqf, ensuring that such transactions are subject to oversight by the Waqf Board. - [LAWGIST]
• Financial Oversight - The requirement for prior sanction aims to prevent misuse of Waqf funds, promoting financial accountability. - [PRS India]
• Transparency - This provision enhances transparency in the management of Waqf properties, which is crucial for maintaining public trust. - [Ministry of Minority Affairs]
• Legal Framework - The amendment aligns with the broader legal framework aimed at improving the governance of Waqf properties in India. - [Waqf Amendment Bill, 2025]
• Preventing Mismanagement - By mandating Board approval, Section 53 seeks to prevent mismanagement and corruption within Waqf institutions. - [Waqf Amendment Bill, 2025]
• Scope Limitation - The section's focus on immovable property indicates a targeted approach to managing Waqf assets, rather than a blanket restriction on all transactions. - [India Code]
• Judicial Oversight - The provision may lead to increased judicial scrutiny of Waqf transactions, as any disputes regarding compliance could be subject to legal challenges. - [Waqf(Amendment) Act, 2013]
• Impact on Waqf Boards - This requirement places additional responsibilities on Waqf Boards, necessitating a more structured approach to property management. - [Ministry of Minority Affairs]
• Encouraging Compliance - The potential for penalties encourages compliance with the provisions of the Act, fostering a culture of adherence to legal norms. - [Karnataka Waqf Rules, 2017]
• Historical Context - The amendment reflects a historical evolution in the management of Waqf properties, addressing past issues of mismanagement. - [Report of the Joint Committee on Waqf (Amendment) Bill, 2024]
• Community Trust - By ensuring that Waqf funds are used appropriately, Section 53 helps to build trust within the community regarding the management of religious and charitable assets. - [Waqf Amendment Bill, 2025]
• Future Amendments - The ongoing amendments to Waqf legislation indicate a responsive legal framework that adapts to the needs of the community and governance challenges. - [Waqf Amendment Bill, 2025]
• Legal Clarity - The clear stipulation of the requirement for prior sanction provides legal clarity, reducing ambiguity in property transactions involving Waqf. - [LAWGIST]
• Encouraging Good Governance - The provision is a step towards encouraging good governance practices within Waqf institutions, aligning them with modern administrative standards. - [Waqf(Amendment) Act, 2013]
• Potential for Abuse - Without strict adherence to this provision, there is a potential for abuse of Waqf funds, which the amendment seeks to mitigate. - [Waqf Amendment Bill, 2025]
• Role of Waqf Boards - The role of Waqf Boards is crucial in ensuring compliance with this section, highlighting the need for capable governance structures. - [Ministry of Minority Affairs]
• Community Engagement - The amendment encourages community engagement in the management of Waqf properties, fostering a sense of ownership and responsibility. - [Waqf Amendment Bill, 2025]
• Legal Precedents - Future legal precedents may emerge from disputes related to Section 53, shaping the interpretation and enforcement of Waqf laws. - [Waqf(Amendment) Act, 2013]
• Administrative Burden - The requirement for prior sanction may increase the administrative burden on Waqf Boards, necessitating efficient processes for property transactions. - [Karnataka Waqf Rules, 2017]

S.54 Insertion of new section 104B

       After section 104A of the principal Act, the following section shall be inserted, namely:--
       " 104B. Restoration of waqf properties in occupation of Government agencies to waqf Board.--
       (1) If any waqf property has been occupied by the Government agencies it shall be returned to the Board or the mutawalli within a period of six months from the date of the order of the Tribunal.
       (2) The Government agency may, if the property is required for a public purpose, make an application for determination of the rent, or as the case may be, the compensation, by the Tribunal at the prevailing market value.".

Legal Commentary on WAKF (AMENDMENT) ACT, 2013 - Section 54

Introduction

The WAKF (AMENDMENT) ACT, 2013 introduced significant changes to the management and eviction processes concerning wakf properties in India. Section 54 specifically addresses the removal of encroachments on wakf properties, delineating the powers and responsibilities of the Chief Executive Officer (CEO) of the Wakf Board and the Wakf Tribunal.

What does Section 54 Say

Section 54 outlines the procedure for addressing encroachments on wakf properties. It empowers the CEO to issue notices to encroachers and mandates the involvement of the Wakf Tribunal for eviction orders.

Essential Ingredients

1. Notice Requirement: The CEO must serve a notice to the encroacher detailing the encroachment and requesting a response.
2. Inquiry Process: The CEO is required to conduct an inquiry after receiving objections from the encroacher.
3. Tribunal Application: If satisfied with the inquiry, the CEO must apply to the Tribunal for an eviction order rather than issuing one directly.

Scope of Section

The scope of Section 54 encompasses all registered wakf properties and provides a structured approach to handle encroachments, ensuring due process is followed before eviction.

Punishment for Section

While Section 54 does not explicitly outline punishments, it establishes a framework for eviction from wakf properties, implying that non-compliance with eviction orders may lead to further legal consequences.

Legal Comments

• Authority - The CEO of the Wakf Board is authorized to initiate eviction proceedings but cannot unilaterally order eviction post-amendment. [Hindustan Petroleum Corporation Ltd. VS Kerala State Wakf Board]
• Notice Requirement - The CEO must issue a notice to the encroacher, allowing them to respond before any further action is taken. [Sunil S/o. Vasudeo Nirgude VS Hasan Khan S/o. Maheboob Khan]
• Tribunal Involvement - The amendment mandates that the CEO must apply to the Tribunal for eviction orders, enhancing judicial oversight. [Hindustan Petroleum Corporation Ltd. VS Kerala State Wakf Board]
• Inquiry Process - The CEO must conduct an inquiry after considering objections, ensuring a fair process. [Sunil S/o. Vasudeo Nirgude VS Hasan Khan S/o. Maheboob Khan]
• Eviction Order - The Tribunal has the authority to issue eviction orders based on the CEO's application, which must be justified with reasons. [Hindustan Petroleum Corporation Ltd. VS Kerala State Wakf Board]
• Compliance Timeline - Encroachers have 45 days to comply with eviction orders after they are affixed to the property. [Hindustan Petroleum Corporation Ltd. VS Kerala State Wakf Board]
• Legal Standing - Individuals evicted under this section may challenge the eviction in the Tribunal, preserving their right to contest. [AKBAR ALI (DECEASED) THRU. LRS. VS DELHI WAKF BOARD]
• Encroachment Definition - The Act defines encroachment broadly, allowing for various forms of unauthorized occupation to be addressed. [Hindustan Petroleum Corporation Ltd. VS Kerala State Wakf Board]
• Judicial Review - The Tribunal's decisions can be subject to judicial review, ensuring accountability in the eviction process. [AKBAR ALI (DECEASED) THRU. LRS. VS DELHI WAKF BOARD]
• Historical Context - Prior to the amendment, the CEO had broader powers, which have now been curtailed to prevent misuse. [Hindustan Petroleum Corporation Ltd. VS Kerala State Wakf Board]
• Legal Precedents - Courts have upheld the necessity of following the amended procedures, reinforcing the importance of the Tribunal's role. [Hindustan Petroleum Corporation Ltd. VS Kerala State Wakf Board]
• Tenant Rights - The amendment clarifies that tenants without proper authorization from the mutawalli may be considered encroachers. [Md. Azad Alam VS Chief Executive Officer Bihar State Suni Waqf Board]
• Enforcement Mechanism - The Act provides a clear mechanism for enforcement of eviction orders, enhancing the efficacy of property management. [Hindustan Petroleum Corporation Ltd. VS Kerala State Wakf Board]
• Public Interest - The provisions aim to protect the interests of the wakf properties, which are often of significant cultural and religious importance. [Hindustan Petroleum Corporation Ltd. VS Kerala State Wakf Board]
• Legal Clarity - The amendment brings clarity to the eviction process, reducing ambiguity that previously existed under the original Act. [Hindustan Petroleum Corporation Ltd. VS Kerala State Wakf Board]
• Administrative Efficiency - The structured approach aims to streamline the eviction process, making it more efficient and less prone to delays. [Hindustan Petroleum Corporation Ltd. VS Kerala State Wakf Board]
• Potential Challenges - Encroachers may still challenge the Tribunal's orders, indicating that the legal landscape remains complex. [AKBAR ALI (DECEASED) THRU. LRS. VS DELHI WAKF BOARD]
• Future Implications - The changes may lead to increased litigation as encroachers seek to protect their interests against eviction. [Hindustan Petroleum Corporation Ltd. VS Kerala State Wakf Board]
• Legislative Intent - The amendment reflects a legislative intent to balance the rights of encroachers with the need to protect wakf properties. [Hindustan Petroleum Corporation Ltd. VS Kerala State Wakf Board]

S.55 Amendment of section 106

In section 106 of the principal Act, in sub-section (1), for the words "after consultation with the Government", the words "after consultation with the Council and the Government" shall be substituted.

S.56 Insertion of new section 108A

       After section 108 of the principal Act, the following section shall be inserted, namely:--
       "108A. Act to have overriding effect.--The provisions of this Act shall have overriding effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act.".

S.57 Amendment of section 109

       In section 109 of the principal Act, in sub-section (2),--
       (a) for clause (i), the following clauses shall be substituted, namely:--
       "(i) the qualifications required to be fulfilled by a person to be appointed as a mutawalli under clause (i) of section 3;
       (ia) other particulars which the report of the Survey Commissioner may contain under clause (f) of sub-section (3) of section 4;";
       (b) in clause (vi), for the word "under", the words, brackets and figure "under sub-section (1) of" shall be substituted;
       (c) after clause (vi), the following clauses shall be inserted, namely:--
       "(via) the period within which the mutawalli or any other person may produce documents