Waqf Act, 1995

S.34 Recovery of the amount determined under section 33.

Where any mutawalli or other person who has been ordered, whether under sub-section (3) or sub-section (5) of section 33, to make any payment or to restore the possession of any property, omits or fails to make such payment or restoration within the time specified in such order, the Chief Executive Officer, with the prior approval of the Board shall, take such steps as he may think fit for the recovery of possession of the property aforesaid and shall also send a certificate to the Collector of the district in which the property of such mutawalli or other person is situate, stating therein the amount that has been determined by him or by the Tribunal, as the case may be, under section 33, as being payable by such mutawalli or other person, and, thereupon, the Collector shall recover the amount specified in such certificate as if it were an arrear of land revenue and on the recovery of such amount, pay the same to the Chief Executive

S.35 Conditional attachment by Tribunal.

(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 applicatio

S.36 Registration.

(1) Every ¹[waqf], whether created before or after the commencement of this Act, shall be registered at the office of the Board.

³[(1A) On and from the commencement of the Waqf (Amendment) Act, 2025, no waqf shall be created without execution of a waqf deed.]

(2) Application for registration shall be made by the mutawalli:

Provided that such applications may be ⁴[made by the waqf] or his descendants or a beneficiary of the ¹[waqf] or any Muslim belonging to the sect to which the ¹[waqf] belongs.

(3) An application for registration shall be made ⁵[ to the Board through the portal and database] and shall contain th

S.37 Register of auqaf.

37. Register of ²[auqaf].--- ³[(1)] The Board shall maintain a register of ²[auqaf] which shall contain in respect of each ¹[waqf] copies of the ¹[waqf] deeds, when available and the following particulars ⁴[ in such manner as prescribed by the Central Government], namely:---

(a) the class of the ¹[waqf];

(b) the name of the mutawalli;

(d) particulars of all ¹

S.38 Powers of Board to appoint Executive Officer.

(1) Notwithstanding anything contained in this Act, the Board may, if it is of the opinion that it is necessary so to do in the interests of the ¹[waqf], appoint on whole-time or part-time or in an honorary capacity, subject to such conditions as may be provided by regulations, an Executive Officer with such supporting staff as it considers necessary for any ¹[waqf] having a gross annual income of not less than five lakh rupees:

Provided that the person chosen for appointment should be a person professing Islam.

(2) Every Executive Officer appointed under sub-section (1) shall exercise such powers and discharge such duties as pertain only to the administration of the property of the ¹[waqf] for which he has been appointed and shall exercise those powers and discharge those duties under the di

S.39 Powers of Board in relation to auqaf which have ceased to exist.

39. Powers of Board in relation to ¹[auqaf] which have ceased to exist.--- (1) The Board shall, if it is satisfied that the objects or any part thereof, of a ²[waqf] have ceased to exist, whether such cesser took place before or after the commencement of this Act, cause an inquiry to be held by the Chief Executive Officer, in the prescribed manner, to ascertain the properties and funds pertaining to such ²[waqf].

(2) On the receipt of the report of inquiry of the Chief Executive Officer, the Board shall pass an order,---

(a) specifying the property and funds of such²[waqf];

(b) directing that any property or funds pertaining to such ²[w

S.40 Omitted.

[Decision if a property is ¹[waqf] property.]--- Omitted by the Waqf (Amendment) Act, 2025 (14 of 2025), s. 23 (w.e.f. 8-4-2025).

S.41 Power to cause registration of waqf and to amend register.

41. Power to cause registration of ¹[waqf] and to amend register.--The Board may direct a mutawalli to apply for the registration of a ¹[waqf], or to supply any information regarding a ¹[waqf] or may itself cause the ¹[waqf] to be registered or may at any time amend the register of ²[auqaf].

S.42 Change in the management of auqaf to be notified.

42. Change in the management of ²[auqaf] to be notified.--(1) In the case of any change in the management of a registered ¹[waqf] due to the death or retirement or removal of the mutawalli, the incoming mutawalli, shall forthwith, and any other person may notify the change to the Board.

(2) In the case of any other change in any of the particulars mentioned in section 36, the mutawalli shall, within three months from the occurrence of the change, notify such change to the Board.

S.43 Auqaf registered before the commencement of this Act deemed to be registered.

43. ²[Auqaf] registered before the commencement of this Act deemed to be registered.--Notwithstanding anything contained in this Chapter, where any ¹[waqf] has been registered before the commencement of this Act, under any law for the time being in force, it shall not be necessary to register the ¹[waqf] under the provisions of this Act and any such registration made before such commencement shall be deemed to be a registration made under this Act.

S.44 Budget.

CHAPTER VI

MAINTENANCE OF ACCOUNTS OF ²[AUQAF]

44. Budget.--(1) Every mutawalli of a¹[waqf] shall, in every year prepare, in such form and at such time as may be prescribed, a budget in respect of the financial year next ensuing showing the estimated receipts and expenditure during that financial year.

(2) Every such budget shall be submitted by the mutawalli at least ³[thirty days] before the beginning of the financial year to the Board and shall make adequate provision for the following:---

(i) for carrying out the objects of the ¹[waqf];

(ii) for the maintenance and pres

S.45 Preparation of budget of auqaf under direct management of the Board.

45. Preparation of budget of ¹[auqaf] under direct management of the Board.--- (1) The Chief Executive Officer shall prepare, in such form and at such time as may be prescribed, a budget in respect of the financial year next ensuing showing the estimated receipts and expenditure for each of the ¹[auqaf] under the direct management of the Board, showing therein the estimated receipts and expenditure and submit it to the Board for its approval.

(2) While submitting the budget under sub-section (1), the Chief Executive Officer shall also prepare statement giving details of the increase, if any, in the income of each ²[waqf] under the direct management of the Board and the steps which have been taken for its better management and the results accruing therefrom during the year.

(3) The Chie

S.46 Submission of Accounts of auqaf.

46. Submission of accounts of ¹[auqaf].--- (1) Every mutawalli shall keep regular accounts.

(2) Before the ²[1st day of ³[October]] next, following the date on which the application referred to in section 36 has been made and thereafter before the ²[1st day of ³[October]] in every year, every mutawalli of a ⁴[waqf] shall prepare and furnish to the Board a full and true statement of accounts, ⁵[in such form and manner and containing such particulars as may be prescribed by the Central Government, of all moneys received from any source] or expended by the mutawalli on behalf of the ⁴[waqf] during the period of twelve months ending on the 31st day of March, or, as the case may be, during that portion of the said period during which the provisions of this Act, have been applicable to the ⁴

S.47 Audit of accounts of auqaf.

47. Audit of accounts of ¹[auqaf].--- (1) The accounts of ¹[auqaf] submitted to the Board under section 46 shall be audited and examined in the following manner, namely:---

(a) in the case of a ²[waqf] having no income or a net annual income not exceeding ³[one lakh rupees], the submission of a statement of accounts shall be a sufficient compliance with the provisions of section 46 and the accounts of two per cent. of such ¹[auqaf] shall be audited annually by an auditor appointed by the Board ⁴[from out of the panel of auditors prepared by the State Government:

Provided that the State Government shall, while preparing such panel of auditors, specify the remuneration to be paid to su

S.48 Board to pass orders on auditor's report.

(1) The Board shall examine the auditor's report, and may call for the explanation of any person in regard to any matter mentioned therein, and shall pass such orders as it thinks fit including orders for the recovery of the amount certified by the auditor under sub-section (2) of section 47.

(2) The mutawalli or any other person aggrieved by any order made by the Board may, within thirty days of the receipt by him of the order, apply to the Tribunal to modify or set aside the order and the Tribunal may, after taking such evidence as it may think necessary, confirm or modify the order or remit the amount so certified, either in whole or in part, and may also make such order as to costs as it may think appropriate in the circumstances of the case.

¹[(2A) The proceedings and orders of the Board under sub-section

S.49 Sums certified to be due recoverable as arrears of land revenue.

(1) Every sum certified to be due from any person by an auditor in his report under section 47 unless such certificate is modified or cancelled by an order of the Board or of the Tribunal made under section 48, and every sum due on a modified certificate shall be paid by such person within sixty days after the service of a demand notice for the same issued by the Board.

(2) If such payment is not made in accordance with the provisions of sub-section (1), the sum payable may, on a certificate issued by the Board after giving the person concerned an opportunity of being heard, be recovered in the same as an arrear of land revenue.

S.50 Duties of mutawalli.

It shall be the duty of every mutawalli---

(a) to carry out the directions of the Board in accordance with the provisions of this Act or of any rule or order made thereunder;

(b) to furnish such returns and supply such information or particulars as may from time to time be required by the Board in accordance with the provisions of this Act or of any rule or order made thereunder;

(d) to discharge all public dues; and

S.50A Disqualification of mutawalli.

¹[50A. Disqualification of mutawalli.--- A person shall not be qualified for being appointed, or for continuing as, a mutawalli, if he---

(a) is less than twenty-one years of age;

(b) is found to be a person of unsound mind;

(d) has been convicted of any offence and sentenced to imprisonment for not less than two years;

(e) has been held guilty of encroachment on any waqf property;

51. Alienation of ¹[waqf] property without sanction of Board to be void.--- ²[(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 (27 of 2013).

(1A) Any sale, gift, exchange, mortgage or transfer of waqf property shall be void ab initio:

Provided that in case the Board is satisfied that any waqf property may be developed for the

S.52 Recovery of waqf property transferred in contravention of section 51.

52. Recovery of ¹[waqf] property transferred in contravention of section 51.--- (1) If the Board is satisfied, after making any inquiry in such manner as may be prescribed, that any immovable property of a ¹[waqf] entered as such in the register of ¹[waqf] maintained under section 36, has been transferred without the previous sanction of the Board in contravention of the provisions of section 51 ²[or section 56], it may send a requisition to the Collector within whose jurisdiction the property is situate to obtain and deliver possession of the property to it.

(2) On receipt of a requisition under sub-section (1), the Collector shall pass an order directing the person in possession of the property to deliver the property to the Board within a period of thirty days from the date of the service of the order.

S.52A Penalty for alienation of waqf property without sanction of Board.

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* 53. Restriction on purchase of property on behalf of ¹[waqf].---Notwithstanding anything contained in a¹[waqf] deed, no immovable property shall be purchased for or on behalf of any ¹[waqf] from the funds of any ¹[waqf] except with prior sanction of the Board, and the Board shall not accord such sanction unless it considers that the acquisition of such property is necessary or beneficial to the ¹[waqf] and that the price proposed to be paid therefor is adequate and reasonable:

Provided that before such sanction is accorded, the particulars relating to the proposed transaction shall be published in the Official Gazette inviting objections and suggestions with respect thereto and, the Board shall, after considering the objections and suggestions that may be received by it from mutawallis or other persons interested in the ¹

S.54 Removal of encroachment from waqf property.

54. Removal of encroachment from ¹[waqf] property.---(1) Whenever the Chief Executive Officer considers whether on receiving any complaint or on his own motion that there has been an encroachment on any land, building, space or other property which is ¹[waqf] property and, which has been registered as such under this Act, he shall cause to be served upon the encroacher a notice specifying the particulars of the encroachment and calling upon him to show cause before a date to be specified in such notice, as to why an order requiring him to remove the encroachment before the date so specified should not be made and shall also send a copy of such notice to the concerned mutawalli.

(2) The notice referred to in sub-section (1) shall be served in such manner as may be prescribed.

(3) If, after consid

S.55 Enforcement of orders made under section 54.

Where the person, ordered under ¹[sub-section (4)] of section 54 to remove any encroachment, omits or fails to remove such encroachment, within the time specified in the order or, as the case may be, fails to vacate the land, building, space or other property to which the order relates, within the time aforesaid, the Chief Executive Officer may ²[refer the order of the Tribunal to the Executive Magistrate] within the local limits of whose jurisdiction the land, building, space or other property, is situate for evicting the encroacher, and, thereupon, such Magistrate shall make an order directing the encroacher to remove the encroachment, or, as the case may be, vacate the land, building, space or other property and to deliver possession thereof to the concerned mutawalli and in default of compliance with the order, remove the encroachment or, as the case may be, evict the encroacher from the land, building, space or other pro

S.55A Disposal of property left on waqf property by unauthorised occupants.

¹[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 expenses relating to removal, sale and such other expenses, the amount, if any, due to the State Government or a local authority or a corporate authority

S.56 Restriction on power to grant lease of waqf property.

56. Restriction on power to grant lease of ¹[waqf] property.--(1) ²[A lease for any period exceeding thirty years] of any immovable property which is ¹[waqf] property, shall, notwithstanding anything contained in the deed or instrument of ¹[waqf] or in any other law for the time being in force, be void and of no effect:

³[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 anyth

S.57 Mutawalli entitled to pay certain costs from income of waqf property.

57. Mutawalli entitled to pay certain costs from income of ¹[waqf] property.--Notwithstanding anything contained in the ¹[waqf] deed, every mutawalli may pay from the income of the ¹[waqf] property any expenses properly incurred by him for the purpose of enabling him to furnish any particulars, documents or copies under section 36 or any accounts under section 46 or any information or documents required by the Board or for the purpose of enabling him to carry out the directions of the Board.

S.58 Power of Board to pay dues in case of default by mutawalli.

(1) Where a mutawalli refuses to pay or fails to pay any revenue, cess, rates or taxes due to the Government or any local authority, the Board may discharge dues from the ¹[Waqf] Fund and may recover the amount so paid from the ¹[waqf] property and may also recover damages not exceeding twelve and a half per cent. of the amount so paid.

(2) Any sum of money due under sub-section (1) may, on a certificate issued by the Board after giving the mutawalli concerned an opportunity of being heard, be recovered in the same manner as an arrear of land revenue.

S.59 Creation of reserve fund.

For the purpose of making provisions for the payment of rent and of revenue, cess, rates and taxes due to the Government or any local authority, for the discharge of the expenses of the repair of the ¹[waqf] property and for the preservation of the ¹[waqf] property, the Board may direct the creation and maintenance, in such manner as it may think fit, of a reserve fund from the income of a ¹[waqf].

S.60 Extension of time.

The Board may, if its is satisfied that it is necessary so to do, extend the time within which any act is required to be done by the mutawalli under this Act.

S.61 Penalties.

(1) If a mutawalli fails to---

(a) apply for the registration of a ²[auqaf];

(b) furnish statements of particulars or accounts or returns as required under this Act;

(d) allow inspection of ¹[waqf] properties, accounts, records or deeds and documents relating thereto;

³*

S.62 Mutawalli not to spend any money belonging to waqf for self defence.

62. Mutawalli not to spend any money belonging to ¹[waqf] for self defence.--- No mutawalli shall spend any money out of the funds of the ¹[waqf], of which he is the mutawalli, for meeting any costs, charges, or expenses which are or may be, incurred by him, in relation to any suit, appeal or any other proceeding for, or incidental to, his removal from office or for taking any disciplinary action against himself.

S.63 Power to appoint mutawallis in certain cases.

When there is a vacancy in the office of the mutawalli of a ¹[waqf] and there is no one to be appointed under the terms of the deed of the ¹[waqf], or where the right of any person to act as mutawalli is disputed, the board may appoint any person to act as mutawalli for such period and on such conditions as it may think fit.

S.64 Removal of mutawalli.

(1) Notwithstanding anything contained in any other law or the deed of ¹[waqf], the Board may remove a mutawalli from his office if such mutawalli---

(a) has been convicted more than once of an offence punishable under section 61; or

(b) has been convicted of any offence of criminal breach of trust or any other offence involving moral turpitude, and such conviction has not been reversed and he has not been granted full pardon with respect to such offence; or

(c) is of unsound mind or is suffering from other mental or physical defect or infirmity which would render him unfit to perform the functions and discharge the duties of a mutawalli; or

S.65 Assumption of direct management of certain auqaf by the Board.

65. Assumption of direct management of certain ¹[auqaf] by the Board.--- (1) Where no suitable person is available for appointment as a mutawalli of a ²[waqf], or where the Board is satisfied, for reasons to be recorded by it in writing, that the filling up of the vacancy in the office of a mutawalli is prejudicial to the interests of the ²[waqf], the Board may, by notification in the Official Gazette, assume direct management of the ²[waqf] for such period or periods, not exceeding five years in the aggregate, as may be specified in the notification.

(2) The State Government may, on its own motion or on the application of any person interested in the ²[waqf], call for the records of any case for the purpose of satisfying itself as to the correctness, legality or propriety of the notification issued by the Board under sub-sectio

S.66 Powers of appointment and removal of mutawalli when to be exercised by the State Government.

Whenever a deed of ¹[waqf] or any decree or order of a court of any scheme of management of any ¹[waqf] provides that a court or any authority other than a Board may appoint or remove a mutawalli or settle or modify such scheme of management or otherwise exercise superintendence over the ¹[waqf], then, notwithstanding anything contained in such deed of ¹[waqf], decree, order or scheme, such powers aforesaid shall be exercisable by the State Government:

Provided that where a Board has been established, the State Government shall consult the Board before exercising such powers.

S.67 Supervision and supersession of committee of management.

(1) Whenever the supervision or management of a ¹[waqf] is vested in any committee appointed by the ¹[waqf], then, notwithstanding anything contained in this Act, such committee shall continue to function until it is superseded by the Board or until the expiry of its term as may be specified by the ¹[waqf], whichever is earlier:

Provided that such committee shall function under the direction, control and supervision of the Board and abide by such directions as the Board may issue from time to time:

Provided further that if the Board is satisfied that any scheme for the management of a ¹[waqf] by a committee is inconsistent with any provision of this Act or of any rule made thereunder or with the directions of the ¹[waqf], it may, at any time, modify the scheme in such manner as

S.68 Duty of mutawalli or committee to deliver possession of records, etc.

(1) Where any mutawalli or committee of management has been removed by the Board in accordance with provisions of this Act, or of any scheme made by the Board, the mutawalli or the committee so removed from the office (hereinafter in this section referred to as the removed mutawalli or committee) shall hand over charge and deliver possession of the records, accounts and all properties of the ²[waqf] (including cash) to the successor mutawalli or the successor committee, within one month from the date specified in the order.

(2) Where any removed mutawalli or committee fails to deliver charge or deliver possession of the records, accounts and properties (including cash) to the successor mutawalli or committee within the time specified in sub-section (1), or prevents or obstructs such mutawalli or committee, from obtaining possession thereof after expiry of the period afore

S.69 Power of Board to frame scheme for administration of waqf.

69. Power of Board to frame scheme for administration of ¹[waqf].--- ² [(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.]

(2) A scheme framed under sub-section (1) may provide for the removal of the mutawalli of the ¹[waqf] holding office as such immediately before the date on which the scheme comes into force:

Provided that where any such scheme provides for the removal of any hereditary mutawalli, the scheme shall also provide fo

S.70 Inquiry relating to administration of waqf.

70. Inquiry relating to administration of ¹[waqf].--- Any person interested in a¹[waqf] may make an application to the Board supported by an affidavit to institute an inquiry relating to the administration of the ¹[waqf] and if the Board is satisfied that there are reasonable grounds for believing that the affairs of the ¹[waqf] are being mismanaged, it shall take such action thereon as it thinks fit.

S.71 Manner of holding inquiry.

(1) The Board may, either on an application received under section ²[70] or on its own motion,--

(a) hold an inquiry in such manner as may be prescribed; or

(b) authorise any person in this behalf to hold an inquiry into any matter relating to a ¹[waqf] and take such action as it thinks fit.

(2) For the purposes of an inquiry under this section, the Board or any person authorised by it in this behalf, shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908) for enforcing the attendance of witnesses and production of documents.

S.72 Annual contribution payable to Board.

(1) The mutawalli of every ¹[waqf], the net annual income of which is not less than five thousand rupees, shall pay annually, out of the net annual income derived by the ¹[waqf], such contributions, not exceeding ²[five per cent. subject to a maximum amount as may be prescribed by the Central Government] of such annual income, as may be prescribed, to the Board for the services rendered by such Board to the ¹[waqf].

Explanation I.--- For the purposes of this Act, "net annual income" shall mean the gross income of the ¹[waqf] from all sources, including nazars and offerings which do not amount to contributions to the corpus of the ³[auqaf], in a year after deducting therefrom the following, namely:---

(i) the land revenu

S.73 Power of Chief Executive Officer to direct banks or other person to make payments.

(1) Notwithstanding anything contained in any other law for the time being in force, the Chief Executive Officer, if he is satisfied that it is necessary and expedient so to do, make an order directing any bank in which, or any person with whom any money belonging to a ¹[waqf] is deposited, to pay the contribution, leviable under section 72, out of such money, as may be standing to the credit of the ¹[waqf] in such bank or may be deposited with such person, or out of the moneys which may, from time to time, be received by bank or other person for or on behalf of the ¹[waqf] by way of deposit, and on receipt of such orders, the bank or the other person, as the case may be, shall, when no appeal has been preferred under sub-section (3), comply with such orders, or where an appeal has been preferred under sub-section (3), shall comply, with the orders made by the Tribunal on such appeal.

74. Deduction of contribution from perpetual annuity payable to the ¹[waqf].--(1) Every authority empowered to disburse any perpetual annuity payable to a ¹[waqf] under any law relating to the abolition of zamindars or jagirs, or laying down land ceilings, shall, on receipt of a certificate from the Chief Executive Officer, specifying the amount of contribution payable by the ¹[waqf] under section 72 which remains unpaid, deduct before making payment of the perpetual annuity to the ¹[waqf], the amount specified in such certificate and remit the amount so deducted to the Chief Executive Officer.

(2) Every amount remitted under sub-section (1) to the Chief Executive Officer shall be deemed to be a payment made by the ¹[waqf] and shall, to the extent of the amount so remitted, operate as a full discharge of the liabi

S.75 Power of board to borrow.

(1) For the purpose of giving effect to the provisions of this Act, the Board may, with the previous sanction of the State Government, borrow such sum of money and on such terms and conditions as the State Government may determine.

(2) The Board shall repay the money borrowed, together with any interest or costs due in respect thereof, according to the terms and conditions of the loan.

S.76 Mutawalli not to lend or borrow moneys without sanction.

(1) No mutawalli, Executive Officer or other person in charge of the administration of a ¹[waqf] shall lend any money belonging to the ¹[waqf] or any ¹[waqf] property or borrow any money for the purposes of the¹[waqf] except with the previous sanction of the Board:

Provided that no such sanction is necessary if there is an express provision in the deed of ¹[waqf] for such borrowing or lending, as the case may be.

(2) The Board may, while according sanction, specify any terms and conditions subject to which the person referred to in sub-section (1) is authorised by him to lend or borrow any money or lend any other ¹[waqf] property.

(3) Where any money is lent or borrow

S.77 Waqf Fund.

77. ¹[Waqf] Fund.--- (1) All moneys received or realised by the Board under this Act and all other moneys received as donations, benefactions or grants by the Board shall form a fund to be called the ¹[Waqf] Fund.

(2) All moneys received by the Board, as donations, benefactions and grants shall be deposited and accounted for under a separate sub-head.

(3) Subject to any rules that may be made by the State Government in this behalf, the ¹[Waqf] Fund shall be under the control of the Board, so, however, that the ¹[Waqf] Fund under the control of common ¹[Waqf] Board shall be subject to rules, if any, made in this behalf by the Central Government.

(4) The ¹[Waqf] Fund shall be applied to--

S.78 Budget of Board.

(1) The Board shall in every year prepare, in such form and at such time as may be prescribed, a budget for the next financial year showing the estimated receipts and expenditure during that financial year and forward a copy of the same to the State Government.

(2) On receipt of the budget forwarded to it under sub-section (1), the State Government shall examine the same and suggest such alterations, corrections or modifications to be made therein as it may think fit and forward such suggestions to the Board for its consideration.

(3) On receipt of the suggestions from the State Government the Board may make written representations to that Government with regard to the alterations, corrections or modifications suggested by that Government and the State Government shall, after considering such representations, communicate,

S.79 Accounts of Board.

The Board shall cause to be maintained such books of account and other books in relation to its accounts in such form and in such manner as may be provided by regulations.

S.80 Audit of accounts of Board.

(1) The accounts of the Board shall be audited and examined annually by such auditor as may be appointed by the State Government.

(2) The auditor shall submit his report to the State Government and the report of the auditor shall, among other things, specify whether the accounts of every ¹[waqf] under the direct management of the Board have been kept separately and whether such accounts have been audited annually by the State Examiner of Local Funds and shall also specify all cases of irregular, illegal or improper expenditure or of failure to recover money or other property caused by neglect or misconduct and any other matter which the auditor considers it necessary to report; and the report shall also contain the name of any person who, in the opinion of the auditor is responsible for such expenditure or failure and the auditor shall in every such case certify the amount of s

S.81 State Government to pass orders on auditor's report.

The State Government shall examine the auditor's report and may call for the explanation of any person in regard to any matter mentioned therein, and shall pass such orders on the report as it thinks fit ¹[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.82 Dues of Board to be recovered as arrears of land revenue.

(1) Every sum certified to be due from any person by an auditor in his report under section 80, be paid by such person within sixty days after service of a demand notice by the Board.

(2) If such payment is not made in accordance with the provisions of sub-section (1), the sum payable may, on a certificate issued by the Board, after giving the person concerned an opportunity of being heard, be recovered as an arrear of land revenue.

S.83 Constitution of Tribunals, etc.

¹[(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:]

³[Provided that any other Tribunal may, by notification, be declared as the Tribunal for the purposes of this Act.]

(2) Any mutawalli or person interested in a ²[waqf] or any other person aggrieved by an order made under this Act, or rules made thereunder, may make an application within the time specified in this Act or where no such time has been specified, within such time as may be prescr

S.84 Tribunal to hold proceedings expeditiously and to furnish to the parties copies of its decision.

Whenever an application is made to a Tribunal for the determination of any dispute, question or other matter relating to a ¹[waqf] or ¹[waqf] property it shall hold its proceedings as expeditiously as possible and shall as soon as practicable, on the conclusion of the hearing of such matter give its decision in writing and furnish a copy of such decision to each of the parties to the dispute.

S.85 Bar of jurisdiction of civil courts.

No suit or other legal proceeding shall lie in any ¹[civil court, revenue court and any other authority] in respect of any dispute, question or other matter relating to any ²[waqf], ²[waqf] property or other matter which is required by or under this Act to be determined by a Tribunal.

S.86 Appointment of a receiver in certain cases.

Notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908), or in any other law for the time being in force, where any suit or other legal proceeding is instituted or commenced---

(a) by or on behalf of a Board---

(i) to set aside the sale of any immovable property, which is ¹[waqf] property, in execution of a decree or order of a civil court;

(ii) to set aside the transfer of any immovable property, which is ¹[waqf] property, made by the mutawalli thereof, whether for valuable consideration or not, without or otherwise than in accor

S.87 Omitted.

[Bar to the enforcement of right on behalf of unregistered ¹[auqaf].] Omitted by the Wakf (Amendment) Act, 2013 (27 of 2013), s. 47 (w.e.f. 1-11-2013).

S.88 Bar to challenge of validity of any notification, etc.

Save as otherwise expressly provided in this Act, no notification or order or decision made, proceeding or action taken, by the Central Government or the State Government under this Act or any rule made thereunder shall be questioned in any Civil Court.

S.89 Notice of suits by parties against Board.

No suit shall be instituted against the Board in respect of any act purporting to be done by it in pursuance of this Act or of any rules made thereunder, until the expiration of two months next after notice in writing has been delivered to, or left at, the office of the Board, stating the cause of action, the name, description and place of residence of the plaintiff and the relief which he claims; and the plaint shall contain a statement that such notice has been so delivered or left.

S.90 Notice of suits, etc., by courts

(1) In every suit or proceeding relating to a title to or possession of a ¹[waqf] property or the right of a mutawalli or beneficiary, the court or Tribunal shall issue notice to the Board at the cost of the party instituting such suit or proceeding.

(2) Whenever any ¹[waqf] property is notified for sale in execution of a decree of a civil court or for the recovery of any revenue, cess, rates of taxes due to the Government or any local authority, notice shall be given to the Board by the court, Collector or other person under whose order the sale is notified.

(3) In the absence of a notice under sub-section (1), any decree or order passed in the suit or proceeding shall be declared void, if the Board, within ²[six month] of its coming to know of such suit or proceeding, applies to the court

S.91 Proceedings under the Act 1 of 1894.

(1) If, in the course of proceedings under ¹[ the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013)] or under any law for the time being in force relating to the acquisition of land or other property, ²[and before an award is made, in case the property] under acquisition is ³[waqf] property, a notice of such acquisition shall be served by Collector on the Board and further proceedings shall be stayed to enable the Board to appear and plead as a party to the proceeding at any time within three months from the date of the receipt of such notice.

Explanation.---The reference to the Collector in the foregoing provisions of this sub-section shall, in relation to any other law referred to therein, be construed, if the Collector is not the competent authority under such other law to make

S.92 Board to be party to suit or proceeding

In any suit or proceeding in respect of a ¹[waqf] or any ¹[waqf] property the Board may appear and plead as a party to the suit or proceeding.

S.93 Bar to compromise of suits by or against mutawalli

No suit or proceeding in any court by or against the mutawalli of a ¹[waqf] relating to title to ¹[waqf] property or the rights of the mutawalli shall be compromised without the sanction of the Board.

S.94 Power to make application to the Tribunal in case of failure of mutawalli to discharge his duties.

(1) Where a mutawalli is under an obligation to perform any act which is recognised by Muslim law as pious, religious or charitable and the mutawalli fails to perform such act, the Board may apply to the Tribunal for an order directing the mutawalli to pay to the Board or to any person authorised by the Board in this behalf the amount necessary for the performance of such act.

(2) Where a mutawalli is under an obligation to discharge any other duties imposed on him under the ¹[waqf] and the mutawalli wilfully fails to discharge such duties, the Board or any person interested in the ¹[waqf] may make an application to the Tribunal and the Tribunal may pass such order thereon as it thinks fit.

S.95 Power of appellate authority to entertain appeal after expiry of specified period.

Where, under this Act any period has been specified for the filing of any appeal, the appellate authority may, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal within the period so specified, entertain the appeal after the expiry of the said period.

S.96 Power of Central Government to regulate secular activities of auqaf.

6. Power of Central Government to regulate secular activities of ¹[auqaf].--- (1) For the purpose of regulating the secular activities of ¹[auqaf], the Central Government shall have the following powers and functions, namely:---

(a) to lay down general principles and policies of ²[waqf] administration in so far as they relate to the secular activities of the ¹[auqaf];

(b) to co-ordinate the functions of the Central ²[Waqf] Council and the Board, in so far as they relate to their secular functions;

S.97 Directions by State Government

Subject to any directions issued by the Central Government under section 96, the State Government may, from time to time, give to the Board such general or special directions as the State Government thinks fit and in the performance of its functions, the Board shall comply with such directions:

¹[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.98 Annual report by State Government.

As soon as may be after the close of a financial year, the State Government shall cause a general annual report on the working and administration of the State ²[Waqf] Board and the Administration of ¹[auqaf] in the State during that year to be prepared and laid before each House of the State Legislature where it consists of two Houses, or where such legislature consists of one House, before that House, and every such report shall be in such form and shall contain such matters as may be provided by regulations.

S.99 Power to supersede Board

(1) If the State Government is of opinion that the Board is unable to perform or has persistently made default in the performance of, the duty imposed on it by or under this Act or has exceeded or abused its powers, or has wilfully and without sufficient cause failed to comply with any direction issued by the Central Government under section 96 or the State Government under section 97, or if the State Government is satisfied on consideration of any report submitted after annual inspection, that the Board's continuance is likely to be injurious to the interests of the ¹[auqaf] in the State, the State Government may, by notification in the Official Gazette, supersede the Board for a period not exceeding six months:

Provided that before issuing a notification under this sub-section, the State Government shall give a reasonable time to the Board to show cause why it

S.100 Protection of action taken in good faith.

No suit or other legal proceeding shall lie against the board or Chief Executive Officer or ¹[Collector] or any other person duly appointed under this Act in respect of anything which is in good faith done or intended to be done under this Act.

S.101 Collector, members and officers of the Board, deemed to be public servants.

101. ¹[Collector], members and officers of the Board, deemed to be public servants.--- (1) The ¹[Collector], members of the Board, every officer, every auditor of the Board and every other person duly appointed to discharge any duties imposed on him by this Act or any rule or order made thereunder, shall be deemed to be public servants within the meaning of ²[clause (28) of section 2 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)].

(2) Every mutawalli of a ³[waqf], every member of managing committee, whether constituted by the Board or under any deed of ³[waqf], every Executive Officer and every person holding any office in a ³[waqf] shall also be deemed to be a public servant within the meaning of ²[clause (28) of section 2 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)].

S.102 Special provision for reorganisation of certain Boards

(1) Where on account of the reorganisation of States under any law providing reorganisation of States, the whole or any part of a State in respect of which a Board was, immediately before the day of such reorganisation, functioning has been transferred on that day to another State and by reason of such transfer, it appears to the Government of a State in any part of which the Board is functioning that the Board should be dissolved or that it should be reconstituted as an Intra-State Board for the whole or any part of that State, the State Government may frame a scheme or such dissolution or such reconstitution, including proposals regarding the transfer of the assets, rights and liabilities of the Board to any other Board or State Government and the transfer or re-employment of employees of the Board and forward the scheme to the Central Government.

(2) On receipt of a scheme forwarded to

S.103 Special provision for establishment of Board for part of a State.

(1) Where on account of the territorial changes brought about by any law providing for the reorganisation of any State, this Act is as from the date on which that law comes into force applicable only to any part or parts of a State but has not been brought into force in the remaining part thereof, then notwithstanding anything contained in this Act, it shall be lawful for the Government of the State to establish one or more Boards for such part or parts in which this Act is in force and in such a case any reference in this Act to the word "State" in relation of a Board shall be construed as a reference to that part of the State for which the Board is established.

(2) Where any such Board has been established and it appears to the Government of the State, that a Board should be established for the whole of the State, the State Government may, by order notified in the Official Gazette disso

S.104 Omitted.

[Application of Act to properties given or donated by persons not professing Islam for support of certain ¹[waqf]].--- Omitted by the Waqf (Amendment) Act, 2025 (14 of 2025), s. 43 (w.e.f. 08-04-2025).

S.104A Prohibition of sale, gift, exchange, mortgage or transfer of waqf property

¹[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 ab initio.]

S.104B Restoration of waqf properties in occupation of Government agencies to waqf Board.

¹[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.]

S.105 Power of Board and Chief Executive Officer to require copies of documents, etc., to be furnished

Notwithstanding anything contained in any law for the time being in force, it shall be lawful for the Board or the Chief Executive Officer to require any person having the custody of any record, register, report or other document relating to a ¹[waqf] or any immovable property, which is ¹[waqf] property, to furnish, subject to the payment of necessary costs, copies of, or extracts from, any such record, register, report or document and every person to whom such a requisition is made, shall furnish, as soon as may be practicable, to the Board or Chief Executive Officer, copies or extracts from the required record, register, report or other document.

S.106 Powers of Central Government to constitute common Boards

(1) Where the Central Government is satisfied that by reasons of---

(i) the smallness of the Muslim population in two or more States,

(ii) the slender resources of the ²[Auqaf] in such States, and

(iii) the disproportion between the number and income of the ²[auqaf] and the Muslim population in such States,

it is expedient in the interests of the ²[auqaf] in the States and the Muslim population of such States, to have, instead of separate Boards for each of such States, a common Board, it may,³[after consultation with the Council and the Government] of each of the concerned States, establish,

S.107 Application of Act 36 of 1963.

¹[107. Application of Act 36 of 1963.--- On and from the commencement of the Waqf (Amendment) Act, 2025, the Limitation Act, 1963 shall apply to any proceedings in relation to any claim or interest pertaining to immovable property comprised in a waqf.]

S.108 Omitted.

[Special provision as to evacuee ¹[waqf] properties.]--- Omitted by the Waqf (Amendment) Act, 2025 (14 of 2025), s. 45 (w.e.f. 08-04-2025).]

S.108A Omitted.

[Act to have overriding effect.]--- Omitted by the Waqf (Amendment) Act, 2025 (14 of 2025), s. 45 (w.e.f. 08-04-2025).

S.108B Power of Central Government to make rules.

¹[108B. Power of Central Government to make rules.--- (1) The Central Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act.

(2) In particular, and without prejudice to the generality of the foregoing powers, the Central Government may make rules for all or any of the following matters, namely:---

(a) the waqf asset management system for the registration, accounts, audit and other details of waqf and Board under clause (ka), and the manner of payments for maintenance of widow, divorced woman and orphan under sub-clause (iv) of clause (r), of section 3;

(b) any other particulars under clause (j) of s

S.109 Power to make rules

(1) The State Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act, other than those of Chapter III.

(2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:---

¹[(i) the qualifications required to be fulfilled by a person to be appointed as a mutawalli under clause (i) of section 3;

²* (1) The Board may, with previous sanction of the State Government, make regulations not inconsistent with this Act or the rules made thereunder, for carrying out its functions under this Act.

(2) In particular, and without prejudice to the generality of the foregoing powers, such regulations may provide for all or any of the following matters, namely--

(a) the time and places of the meetings of the Board under sub-section (1) of section 17;

(b) the procedure and conduct of business at the meetings of the Board;

S.111 Laying of rules and regulations before State Legislature

Every rule made under section 109 and every regulation made under section 110 shall be laid, as soon as may be after it is made, before the State Legislature.

S.112 Repeal and savings

(1) The Wakf Act, 1954 (29 of 1954) and the Wakf (Amendment) Act, 1984 (69 of 1984) are hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the said Acts shall be deemed to have been done or taken under the corresponding provisions of this Act.

(3) If, immediately before the commencement of this Act, in any State, there is in force in that State, any law which corresponds to this Act that corresponding law shall stand repealed:

Provided that such repeal shall not affect the previous operation of that corresponding law, and subject thereto, anything done or any action taken in the exercise of any power conferred by or under the corresponding law shall be deemed to have been done or taken in the exercise of the powers c

S.113 Power to remove difficulties.

(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, not inconsistent with the provisions of this Act, remove the difficulty:

Provided that no such order shall be made after the expiry of the period of two years from the commencement of this Act.

(2) However, order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.

S.1 Short title, extent and commencement.

(1) This Act may be called the ¹[Unified Waqf Management, Empowerment, Efficiency and Development] Act, 1995.

(2) It extends to the whole of India ^2***.

(3) It shall come into force in a State on such date³ as the Central Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different areas within a State and for different provisions of this Act, and any reference in any provision to the commencement of this Act, shall, in relation to any State or area therein, be construed as reference to the commencement of that provision in such State or area.

S.2 Application of the Act.

Save as otherwise expressly provided under this Act, this Act shall apply to all ¹[auqaf] whether created before or after the commencement of this Act:

Provided that nothing in this Act shall apply to Durgah Khawaja Saheb, Ajmer to which the Durgah Khawaja Saheb Act, 1955 (36 of 1955) applies:

²[Provided further that nothing in this Act shall, notwithstanding any judgement, decree or order of any court, apply to a trust (by whatever name called) established before or after the commencement of this Act or statutorily regulated by any statutory provision pertaining to public charities, by a Muslim for purpose similar to a waqf under any law for the time being in force.]

S.3 Definitions.

In this Act, unless the context otherwise requires,---

(a) "beneficiary" means a person or object for whose benefit a ¹[waqf] is created and includes religious, pious and charitable objects and any other objects of public utility sanctioned by the Muslim law;

²[(aa) "Aghakhani waqf" means a waqf dedicated by an Aghakhani waqif;]

(b) "benefit" does not include any benefit which a mutawalli is entitled to claim solely by reason of his being such mutawalli;

S.3A Certain conditions of waqf.

¹[3A. Certain conditions of waqf.--- (1) No person shall create a waqf unless he is the lawful owner of the property and competent to transfer or dedicate such property.

(2) The creation of a waqf-alal-aulad shall not result in denial of inheritance rights of heirs, including women heirs, of the waqif or any other rights of persons with lawful claims.]

S.3B Filing of details of waqf on portal and database.

¹[3B. Filing of details of waqf on portal and database.--- (1) Every waqf registered under this Act, prior to the commencement of the Waqf (Amendment) Act, 2025 (14 of 2025), shall file the details of the waqf and the property dedicated to the waqf on the portal and database, within a period of six months from such commencement:

Provided that the Tribunal may, on an application made to it by the mutawalli, extend such period of six months under this section for a further period not exceeding six months as it may consider appropriate, if he satisfies the Tribunal that he had sufficient cause for not filing the details of the waqf on the portal within such period.

(2) The details of the waqf under sub-section (1), amongst other information, shall include the following, namely:---

¹[3C. Wrongful declaration of waqf.--- (1) Any Government property identified or declared as waqf property, before or after the commencement of this Act, shall not be deemed to be a waqf property.

(2) If any question arises as to whether any such property is a Government property, the State Government may, by notification, designate on Officer above the rank of Collector (hereinafter referred to as the designated officer), who shall conduct an inquiry as per law, and determine whether such property is a Government property or not and submit his report to the State Government:

Provided that such property shall not be treated as waqf property till the designated officer submits his report.

(3) In case the designated officer determines the property to be a Go

S.3D Declaration of protected monument or protected area as waqf to be void.

¹[3D. Declaration of protected monument or protected area as waqf to be void.--- Any declaration or notification issued under this Act or under any previous Act in respect of waqf properties shall be void, if such property was a protected monument or protected area under the Ancient Monuments Preservation Act, 1904 (7 of 1904) or the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (24 of 1958), at the time of such declaration or notification.]

S.3E Bar of declaration of any land in Scheduled or Tribal area as waqf.

¹[3E. Bar of declaration of any land in Scheduled or Tribal area as waqf.--- Notwithstanding anything contained in this Act or any other law for the time being in force, no land belonging to members of Scheduled Tribes under the provisions of the Fifth Schedule or the Sixth Schedule to the Constitution shall be declared or deemed to be waqf property.]

S.4 Survey of auqaf.

CHAPTER II

SURVEY OF ¹[AUQAF]

4. ²[Survey of auqaf.]--- ³[(1) Any survey of auqaf pending before the Survey Commissioner, on the commencement of the Waqf (Amendment) Act, 2025 (14 of 2025), shall be transferred to the Collector having jurisdiction and the Collector shall make the survey in accordance with the procedure in the revenue laws of the State, from the stage such survey is transferred to the Collector, and submit his report to the State Government.]

⁴*

S.5 Publication of list of auqaf.

5. Publication of list of ¹[auqaf].--- (1) On receipt of a report under ²[sub-section (1)] of section 4, the State Government shall forward a copy of the same to the Board.

(2) The Board shall examine the report forwarded to it under sub-section (1) and ³[fordward it back to the Government within a period of six months for publication in the Official Gazette] a list of Sunni ¹[auqaf] or Shia ¹[auqaf] ⁴[or Aghakhani auqaf or Bohra auqaf] in the State, whether in existence at the commencement of this Act or coming into existence thereafter, to which the report relates, and containing such other particulars as may be prescribed.

⁴[(2A) The State Government shall upload the notified list of auqaf on the portal and

S.6 Disputes regarding auqaf.

6. Disputes regarding ¹[auqaf].--- (1) If any question arises whether a particular property specified as ²[waqf] property in the list of ¹[auqaf] is ²[waqf] property or not or whether a ²[waqf] specified in such list is a Shia ²[waqf] or Sunni ²[waqf] ³[or Aghakhani waqf or Bohra waqf], the Board or the mutawalli of the ²[waqf] or ⁴[any person aggrieved] may institute a suit in a Tribunal for the decision of the question ⁵****:

Provided that no such suit shall be entertained by the Tribunal after the expiry of ⁶[two years] from the date of the publication of the list of ¹[auqaf]:

⁷[Provided further that an application may be entertained by the Tribunal after the period of t

S.7 Power of Tribunal to determine disputes regarding auqaf.

7. Power of Tribunal to determine disputes regarding ¹[auqaf].--- (1) If, after the commencement of this Act, ³[any question or dispute] arises, whether a particular property specified as ²[waqf] property in a list of ¹[auqaf] is ²[waqf] property or not, or whether a ²[waqf] specified in such list is a Shia ²[waqf] or a Sunni ²[waqf] ⁴[or Aghkhani waqf or Bohra waqf] , the Board or the mutawalli of the ²[waqf], ⁵[or any person aggrieved by the publication of the list of auqaf under section 5] therein, may apply to the Tribunal having jurisdiction in relation to such property, for the decision of the question ⁶****:

Provided that---

(a) in the case of th

S.8 State Government to bear cost of survey.

¹[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.9 Establishment and constitution of Central Waqf Council.

CHAPTER III

CENTRAL ¹[WAQF] COUNCIL

9. Establishment and constitution of Central ¹[Waqf] Council.--- ²[(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).]

³[(2) The Council shall consist of---

(1) Every Board shall pay from its ¹[Waqf] Fund annually to the Council such contribution as is equivalent to one per cent. of the aggregate of the net annual income of the ²[auqaf] in respect of which contribution is payable under sub-section (1) of section 72:

Provided that where the Board, in the case of any particular ¹[waqf] has remitted under sub-section (2) of section 72 the whole of the contribution payable to it under sub-section (1) of that section, then for calculating the contribution payable to the Council under this section the net annual income of the ¹[waqf] in respect of which such remission has been granted shall not be taken into account.

(2) All monies received by the Council under sub-section (1) and all ot

S.11 Accounts and audit.

(1) The Council shall cause to be maintained such books of account and other books in relation to its accounts in such form and in such manner as may be prescribed by rules made by the Central Government.

(2) The accounts of the Council shall be audited and examined annually by such auditor as may be appointed by the Central Government.

(3) The costs of the audit shall be paid from the Central ¹[Waqf] Fund.

S.12 Power of Central Government to make rules.

(1) The Central Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Chapter.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--

(a) the term of office of, the procedure to be followed in the discharge of their functions by, and the manner of filling casual vacancies among, the members of the Council;

(b) control over and application of the Central ¹[Waqf] Fund;

S.13 Incorporation.

(1) With effect from such date as the State Government may, by notification in the Official Gazette, appoint in this behalf, there shall be established a Board of ¹[Auqaf] under such name as may be specified in the notification:

²[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 (27 of 2013).]

(2) Notwithstanding anything contained in sub-section (1), if the Shia ¹[auqaf] in any State constitute in number more than fifteen per cent. of all the ¹[auqaf] in the State or if the income

S.14 Composition of Board.

¹[(1) The Board for a State and the National Capital Territory of Delhi shall consist of, not more than eleven members, to be nominated by the State Government,---

(a) a Chairperson;

(b) (i) one Member of Parliament from the State or, as the case may be, the National Capital Territory of Delhi;

(ii) one Member of the State Legislature;

The members of the Board shall hold office for a term of five years ¹[from the date of notification referred to in sub-section (9) of section 14].

S.16 Disqualification for being appointed, or for continuing as, a member of the Board.

A person shall be disqualified for being appointed, or for continuing as, a member of the Board if---

¹[(a) he is less than twenty-one years of age;

(aa) in case of a member under clause (c) of sub-section (1) of section 14, he is not a Muslim;]

(b) he is found to be a person of unsound mind;

²[(d) he has been convicted of any offence and sentenced to imprisonment for not less than two years;]

S.17 Meetings of the Board.

(1) The Board shall meet ¹[at least once in every month] for the transaction of business at such time and places as may be provided by regulations.

(2) The Chairperson, or in his absence, any member chosen by the members from amongst themselves shall preside at a meeting of the Board.

(3) Subject to the provisions of this Act, all questions which come before any meeting of the Board shall be decided by a majority of votes of the members present, and in the case of equality of votes, the Chairperson or, in his absence any other person presiding shall have a second or casting vote.

S.18 Committees of the Board.

(1) The Board may, whenever it considers necessary, establish either generally or for a particular purpose or for any specified area or areas committees for the supervision of ¹[auqaf].

(2) The constitution, functions and duties and the term of office of such committees shall be determined from time to time by the Board:

Provided that it shall not be necessary for the members of such committees to be members of the Board.

S.19 Resignation of Chairperson and members.

The Chairperson or any other member may resign his office by writing under his hand addressed to the State Government:

Provided that the Chairperson or the member shall continue in office until the appointment of his successor is notified in the Official Gazette.

S.20 Removal of Chairperson and member.

(1) The State Government may, by notification in the Official Gazette, remove the Chairperson of the Board or any member thereof if he---

(a) is or becomes subject to any disqualifications specified in section 16; or

(b) refuses to act or is incapable of acting or acts in a manner which the State Government, after hearing any explanation that he may offer, considers to be prejudicial to the interests of the ¹[auqaf]; or

(2) Where the Chairperson of the Board is removed un

S.20A Omitted.

[Removal of Chairperson by vote of no confidence].--- Omitted by the Waqf (Amendment) Act, 2025 (14 of 2025), s. 15 (w.e.f. 08-04-2025).

S.21 Filling of a vacancy.

When the seat of a member becomes vacant by his removal, resignation, death or otherwise, a new member shall be appointed in his place and such member shall hold office so long as the member whose place he fills would have been entitled to hold office, if such vacancy had not occurred.

S.22 Vacancies, etc., not to invalidate proceedings of the Board.

No act or proceeding of the Board shall be invalid by reason only of the existence of any vacancy amongst its member or any defect in the constitution thereof.

S.23 Appointment of Chief Executive Officer and his term of office and other conditions of service.

¹[(1) There shall be a full-time Chief Executive Officer of the Board to be appointed by the State Government and who shall be not below the rank of Joint Secretary to the State Government.]

(2) The term of office and other conditions of service of the Chief Executive Officer shall be such as may be prescribed.

(3) The Chief Executive Officer shall be ex officio Secretary of the Board and shall be under the administrative control of the Board.

S.24 Officers and other employees of the Board.

(1) The Board shall have the assistance of such number of officers and other employees as may be necessary for the efficient performance of its functions under this Act, details thereof shall be determined by the Board in consultation with the State Government.

(2) The appointment of officers and other employees, their term of office and conditions of service shall be such as may be provided by regulations.

S.25 Duties and powers of Chief Executive Officer.

(1) Subject to the provisions of this Act and of the rules made thereunder and the directions of the Board, functions of the Chief Executive Officer shall include--

(a) investigating the nature and extent of ¹[auqaf] and ²[waqf] properties and calling whenever necessary, an inventory of ²[waqf] properties and calling, from time to time, for accounts, returns and information from mutawallis;

(b) inspecting or causing inspection of ²[waqf] properties and accounts, records, deeds or documents relating thereto;

S.26 Powers of Chief Executive Officer in respect of orders or resolutions of Board.

Where the Chief Executive Officer considers that an order or resolution passed by the Board--

(a) has not been passed in accordance with the law; or

(b) is in excess of or is an abuse of the powers conferred on the Board by or under this Act or by any other law; or

(i) cause financial loss to the Board or to the concerned ²[waqf] or to the ¹[auqaf] generally; or

S.27 Delegation of powers by Board.

¹[27. Delegation of powers by the 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.]

S.28 Power of District Magistrate, Additional District Magistrate or Sub-Divisional Magistrate to implement the directions of the Board.

¹[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 ²[implement the decision of the Board within forty-five days from the date it is] 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.29 Powers of Chief Executive Officer to inspect records, registers, etc.

¹[(1)] The Chief Executive Officer or any officer of the Board duly authorised by him in this behalf shall, ²[subject to such conditions as may be prescribed], be entitled at all reasonable time to inspect, in any public office, any records, registers or other documents relating to a ³[waqf], or movable or immovable properties which are ³[waqf] properties or are claimed to be ³[waqf] properties.

⁴[(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 prescribed, an agency of the Government or any other organisation shall supply, within ten working days,

S.30 Inspection of records.

(1) The Board may allow inspection of its proceedings or other records in its custody and issue copies of the same on payment of such fees and subject to such conditions as may be prescribed.

(2) All copies issued under this section shall be certified by the Chief Executive Officer of the Board in the manner provided in ¹[section 75 of the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023)].

(3) The powers conferred on the Chief Executive Officer by sub-section (2) may be exercised by such other officer or officers of the Board as may either generally or specially be authorised in this behalf by the Board.

S.31 Prevention of disqualification for membership of Parliament.

It is hereby declared that the offices of the Chairperson or member of a Board shall not be disqualified and shall be deemed never to have been disqualified for being chosen as, or for being, a Member of Parliament ¹[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.32 Powers and functions of the Board.

(1) Subject to any rules that may be made under this Act, the general superintendence of all ¹[auqaf] in a State shall vest in the Board established or the State; and it shall be the duty of the Board so to exercise its powers under this Act as to ensure that the ¹[auqaf] under its superintendence are properly maintained, controlled and administered and the income thereof is duly applied to the objects and for the purposes for which such ¹[auqaf] were created or intended:

Provided that in exercising its powers under this Act in respect of any ²[waqf], the Board shall act in conformity with the directions of the ³[waqif], the purposes of the ²[waqf] and any usage or custom of the ²[waqf] sanctioned by the school of Muslim law to which the ²[waqf] belongs.

(1) With a view to examining whether, by reason of any failure or negligence on the part of a mutawalli in the performance of his executive or administrative duties, any loss or damage has been caused to any ¹[waqf] or ¹[waqf] property, the Chief Executive Officer ²[or any other person authorised by him in writing] with the prior approval of the Board, ^3***, may inspect all movable and immovable properties, which are ¹[waqf] properties, and all records, correspondences, plans, accounts and other documents relating thereto.

(2) Whenever any such inspection as referred to in sub-section (1) is made, the concerned mutawalli and all officers and other employees working under him and every person connected with the administration of the ¹[waqf], shall extend to the person making such inspection, all such assistance and f