LIST OF AMENDING ACTS

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50A · Disqualification of mutawalli.

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

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

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

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

108B · Power of Central Government to make rules.

1 · Short title, extent and commencement . — (1) This Act may be called the 2 [Unified Waqf Management, Empowerment, Efficiency and Development] Act, 1995.

2 · Application of the Act . — Save as otherwise expressly provided under this Act, this Act shall apply to all 5 [auqaf] whether created before or after the commencement of this Act:

6 · [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.]

3 · Definitions . — In this Act, unless the context otherwise requires , —

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

8 · [(ca) "Bohra waqf" means a waqf dedicated by a Bohra waqif;]

1 · Subs. by Act 27 of 2013, s. 2, for “wakfs” (w.e.f. 01-11-2013).

2 · Subs. by Act 14 of 2025, s. 2, for “Waqf” (w.e.f. 08-04-2025).

3 · The words "except the State of Jammu and Kashmir" omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10-2019).

4 · 1st January, 1996, vide notification No. S.O. 1007 (E), dated 27th December, 1995, see Gazette of India, Extraordinary, Part II, sec. 3(ii).

5 · Subs. by Act 27 of 2013, s. 4, for “wakfs” (w.e.f. 01-11-2013).

6 · Ins. by Act 14 of 2025, s. 3 (w.e.f. 08-04-2025).

7 · Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 01-11-2013).

8 · Ins. by Act 14 of 2025 , s. 4 (w.e.f. 08-04-2025).

1 · [(da) "Collector" includes the Collector of land-revenue of a district, or the Deputy Commissioner, or any officer not below the rank of Deputy Collector authorised in writing by the Collector;]

3 · [(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;]

1 · [(fa) "Government Organisation" includes the Central Government, State Governments, Municipalities, Panchayats, attached and subordinate offices and autonomous bodies of the Central Government or State Government, or any organisation or Institution owned and controlled by the Central Government or State Government;

4 · [(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;]

6 · [Provided further that the mutawalli shall be a citizen of India and shall fulfil such other qualifications as may be prescribed:

1 · Ins. by Act 14 of 2025, s. 4 (w.e.f. 08-4-2025).

2 · Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 01-11-2013).

3 · Ins. by s. 5 , ibid . (w.e.f. 01-11-2013).

4 · Subs. by s. 5, ibid., for clause (g) (w.e.f. 01-11-2013).

5 · . The words " , e ither verbally or" omitted by Act 14 of 2025, s. 4 (w.e.f. 08-04-2025).

6 · Ins. by Act 27 of 2013 , s. 5 . (w.e.f. 01-11-2013).

7 · Subs. by s. 5, ibid., for “worship” (w.e.f. 01-11-2013).

8 · Subs. by s. 5, ibid., for “khangah” (w.e.f. 01-11-2013).

9 · Subs. by s. 4, ibid., for “wakif” (w.e.f. 01-11-2013).

1 · [(ka) "portal and database" means the waqf asset management system or any other system set up by the Central Government for the registration, accounts, audit and any other detail of waqf and the Board, as may be prescribed by the Central Government;]

2 · [(l) "prescribed" means prescribed by rules made under this Act;]

5 · [(r) "waqf" means the permanent dedication by 6 [any person showing or demonstrating that he is practising Islam for at least five years, of any movable or immovable property, having ownership of such property and that there is no contrivance involved in the dedication of such property,] for any purpose recognised by the Muslim law as pious, religious or charitable and includes—

1 · [Provided that the existing waqf by user properties registered on or before the commencement of the Waqf (Amendment) Act, 2025 (14 of 2025) as waqf by user will remain as waqf properties except that the property, wholly or in part, is in dispute or is a government property . ]

9 · [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.

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

1 · Ins. by Act 14 of 2025, s. 4 (w.e.f. 08-4-2025).

2 · Subs. by s. 4, ibid., for cl . (l) (w.e.f. 08-4-2025).

3 · Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 01-11-2013).

4 · Cl . (p) omitted by Act 14 of 2025, s. 4 (w.e.f. 08-4-2025).

5 · Subs. by Act 27 of 2013, s. 5, for clause (r) (w.e.f. 01-11-2013).

6 · Subs. by Act 14 of 2025, s. 4, for “any person, of any movable or immovable property” (w.e.f. 08-04-2025).

7 · Sub -clause (i) omitted by s. 4, ibid. (w.e.f. 08-04-2025).

8 · Subs. by s. 4, ibid., for “any person” (w.e.f. 08-04-2025).

9 · Ins. by s. 5 , ibid . (w.e.f. 08-04-2025).

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.

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.

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.]

4 · 2 [Survey of auqaf. f. ]—3 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 . ]

10 · [Provided further that the waqf properties already notified shall not be reviewed again in subsequent survey except where the status of such property has been changed in accordance with the provisions of any law.]

5 · Publication of list of 1 [auqaf] . — (1) On receipt of a report under 11 [sub-section (1)] of section 4, the State Government shall forward a copy of the same to the Board.

13 · [(2A) The State Government shall upload the notified list of auqaf on the portal and database within ninety days from the date of its publication in the Official Gazette under sub-section (2).

1 · Subs. by Act 27 of 2013, s. 4, for “wakfs” (w.e.f. 01-11-2013).

2 · Subs. by Act 14 of 2025, s. 6, for the marginal heading (w.e.f. 08-04-2025).

3 · Subs. by s. 6, ibid., for sub-section (1) (w.e.f. 08-04-2025).

4 · Sub -sections (1A), (2) and (3) omitted by s. 6, ibid. (w.e.f. 08-04-2025).

5 · Subs. by s. 6, ibid., for “Survey Commissioner” (w.e.f. 08-04-2025).

6 · Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 01-11-2013).

7 · Ins. by Act 14 of 2025, s. 6 (w.e.f. 08-04-2025).

8 · Sub -section (6) omitted by s. 6, ibid . (w.e.f. 08-04-2025).

9 · Subs. by Act 27 of 2013, s. 6, for “twenty years” (w.e.f. 01-11-2013).

10 · Ins. by s. 6, ibid. (w.e.f. 01-11-2013).

11 · Subs. by Act 14 of 2025, s. 7, for “sub-section (3)” (w.e.f. 08-04-2025).

12 · Subs. by Act 27 of 2013, s. 7, for “publish in the Official Gazette” (w.e.f. 01-11-2013).

13 · Ins. by Act 14 of 2025, s. 7 (w.e.f. 08-04-2025).

1 · [ 2 [(3) The revenue authorities, before deciding mutation in the land records, in accordance with revenue laws in force, shall give a public notice of ninety days, in two daily newspapers circulating in the localities of such area of which one shall be in the regional language and give the affected persons an opportunity of being heard.]

6 · Disputes regarding 4 [auqaf] . — (1) If any question arises whether a particular property specified as 5 [waqf] property in the list of 4 [auqaf] is 5 [waqf] property or not or whether a 5 [waqf] specified in such list is a Shia 5 [waqf] or Sunni 5 [waqf] 6 [or Aghakhani waqf or Bohra waqf], the Board or the mutawalli of the 5 [waqf] or 7 [any person aggrieved] may institute a suit in a Tribunal for the decision of the question 8**** :

10 · [Provided further that an application may be entertained by the Tribunal after the period of two years specified in the first proviso, if the applicant satisfies the Tribunal that he has sufficient cause for not making the application within such period . ]

7 · Power of Tribunal to determine disputes regarding 4 [auqaf] . — (1) If, after the commencement of this Act, 13 [any question or dispute] arises, whether a particular property specified as 5 [waqf] property in a list of 4 [auqaf] is 5 [waqf] property or not, or whether a 5 [waqf] specified in such list is a Shia 5 [waqf] or a Sunni 5 [waqf] 14 [or Aghkhani waqf or Bohra waqf] , the Board or the mutawalli of the 5 [waqf] , 15 [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 16**** :

1 · Ins. by Act 27 of 2013, s. 7 (w.e.f. 01-11-2013).

2 · Subs. by Act 14 of 2025, s. 7, for sub-section (3) (w.e.f. 08-04-2025).

3 · Ins. by s. 7, ibid. (w.e.f. 08-04-2025).

4 · Subs. by Act 27 of 2013, s. 4, for “wakfs” (w.e.f. 01-11-2013).

5 · Subs. by s. 4, ibid. for “wakf” (w.e.f. 01-11-2013).

6 · Ins. by Act 14 of 2025, s. 8 (w.e.f. 08-04-2025).

7 · Subs. by Act 27 of 2013, s. 8, for “any person interested therein” (w.e.f. 01-11-2013).

8 · Certain words omitted by Act 14 of 2025, s. 8 (w.e.f. 08-04-2025).

9 · Subs. by s. 8, ibid., for “one year” (w.e.f. 08-04-2025).

10 · Subs. by s. 8, ibid., for second proviso (w.e.f. 08-04-2025).

11 · The Explanation omitted by Act 27 of 2013, s. 8 (w.e.f. 01-11-2013).

12 · Subs. by Act 14 of 2025, s. 8, for “Survey Commissioner” (w.e.f. 08-04-2025).

13 · Subs. by Act 27 of 2013, s. 9, for “any question” (w.e.f. 01-11-2013).

14 · Ins. by Act 14 of 2025, s. 9 (w.e.f. 08-04-2025).

15 · Subs. by Act 27 of 2013, s. 9, for “or any person interested” (w.e.f. 01-11-2013).

16 · Certain words omitted by Act 14 of 2025, s. 9 (w.e.f. 08-04-2025).

3 · [Provided further that an application may be entertained by the Tribunal after the period of two years specified in the first proviso, if the applicant satisfies the Tribunal that he had sufficient cause for not making the application within such period:

5 · [(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:

6 · [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.]

9 · Establishment and constitution of Central 4 [Waqf] Council . — 7 [(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.

1 · Subs. by Act 27 of 2013, s. 4, for “wakfs” (w.e.f. 01-11-2013).

2 · Subs. by Act 14 of 2025, s. 9, for “one year” (w.e.f. 08-04-2025).

3 · Subs. by s. 9, ibid., for “Provided further that” (w.e.f. 08-04-2025).

4 · Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 01-11-2013).

5 · Ins. by s. 9, ibid. (w.e.f. 1-11-2013).

6 · Subs. by s. 10, ibid., for section 8 (w.e.f. 01-11-2013).

7 · Subs. by s. 11, ibid., for sub-section (1) (w.e.f. 01-11-2013).

1 · [(2) The Council shall consist of—

2 · [(4) The State Government or, as the case may be, the Board, shall furnish information to the Council on the performance of Waqf Boards in the State, particularly on their financial performance, survey, maintenance of waqf deeds, revenue records, encroachment of waqf properties, annual reports and audit reports in the manner and time as may be specified by the Council and it may suo motu call for information on specific issues from the Board, if it is satisfied that there was prima facie evidence of irregularity or violation of the provisions of this Act and if the Council is satisfied that such irregularity or violation of the Act is established, it may issue such directive, as considered appropriate, which shall be complied with by the concerned Board under intimation to the concerned State Government.

10 · Finance of Council . — (1) Every Board shall pay from its 3 [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 4 [auqaf] in respect of which contribution is payable under sub-section (1) of section 72:

1 · Subs. by Act 14 of 2025, s. 10, for sub-section (2) (w.e.f. 08-04-2025).

2 · Ins. by Act 27 of 2013, s. 11 (w.e.f. 01-11-2013).

3 · Subs. by s. 4, ibid., for “wakf” (w.e.f. 01-11-2013).

4 · Subs. by s. 4, ibid., for “wakfs” (w.e.f. 01-11-2013).

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.

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.

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 2 [Auqaf] under such name as may be specified in the notification:

3 · [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).]

4 · [(2A) The State Government may, if it deems necessary, by notification in the Official Gazette, establish a separate Board of Auqaf for Bohras and Aghakhanis.]

1 · Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 01-11-2013).

2 · Subs. by s. 4, ibid., for “wakfs” (w.e.f. 01-11-2013).

3 · . Ins. by s. 12 , ibid . (w.e.f. 01-11-2013).

4 · . Subs. by Act 14 of 2025, s. 11, for sub-section (2A) (w.e.f. 08-04-2025).

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,—

3 · [(6) In determining the number of members belonging to Shia, Sunni, Bohra, Aghakhani or other backward classes among Muslim communities, the State Government or, as the case may be, the Central Government in case of a Union territory shall have regard to the number and value of Shia, Sunni, Bohra, Aghakhani and other backward classes among Muslim auqaf to be administered by the Board and appointment of the members shall be made, so far as may be, in accordance with such determination . ]

1 · Subs. by Act 14 of 2025, s. 12, for sub-sections (1), (1A), (3) and (4) (w.e.f. 08-04-2025).

2 · Sub -section (5) omitted by Act 27 of 2013, s. 13 (w.e.f. 01-11-2013).

3 · Subs. by Act 14 of 2025, s. 12, for sub-section (6) (w.e.f. 08-04-2025).

4 · Sub -section (7) omitted by Act 27 of 2013, s. 13 (w.e.f. 01-11-2013).

5 · Sub -section (8) omitted by Act 14 of 2025, s. 12 (w.e.f. 08-04-2025).

15 · Term of office . — 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] .

16 · Disqualification for being appointed, or for continuing as, a member of the Board . —A —A person shall be disqualified for being appointed, or for continuing as, a member of the Board if—

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

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

4 · [(da) he has been held guilty of encroachment on any waqf property;]

17 · Meetings of the Board . — (1) The Board shall meet 5 [at least once in every month] for the transaction of business at such time and places as may be provided by regulations.

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 6 [auqaf] .

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:

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—

1 · Ins. by Act 27 of 2013, s. 14 (w.e.f. 01-11-2013).

2 · Subs. by Act 14 of 2025, s. 13 , for clause (a) (w.e.f. 08-04-2025).

3 · Subs. by s. 13, ibid., for clause (d) (w.e.f. 08-04-2025).

4 · Ins. by Act 27 of 2013, s. 15 (w.e.f. 01-11-2013).

5 · Ins. by Act 14 of 2025, s. 14 (w.e.f. 08-04-2025).

6 · Subs. by Act 27 of 2013, s. 4, for “wakfs” (w.e.f. 01-11-2013).

20A · [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).

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.

22 · Vacancies , etc., not to invalidate proceedings of the Board . —N —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.

23 · Appointment of Chief Executive Officer and his term of office and other conditions of service . — 2 [(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.]

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.

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 —

1 · Subs. by Act 27 of 2013, s. 4, for “wakfs” (w.e.f. 01-11-2013).

2 · . Subs. by Act 14 of 2025, s. 16, for sub-section (1) (w.e.f. 08-04-2025).

3 · Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 01-11-2013).

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—

3 · [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.]

4 · [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 5 [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.]

29 · Powers of Chief Executive Officer to inspect records, registers, etc . — 6 [(1)] The Chief Executive Officer or any officer of the Board duly authorised by him in this behalf shall, 7 [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 1 [waqf], or movable or immovable properties which are 1 [waqf] properties or are claimed to be 1 [waqf] properties.

8 · [(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.

1 · Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 01-11-2013).

2 · Subs. by, s. 4, ibid., for “wakfs” (w.e.f. 01-11-2013).

3 · Subs. by s. 18, ibid ., for section 27 (w.e.f. 01-11-2013).

4 · Subs. by s. 19, ibid., for section 28 (w.e.f. 01-11-2013).

5 · Subs. by Act 14 of 2025, s. 17, for certain words (w.e.f. 08-04-2025).

6 · S. 29 numbered as sub -section (1) thereof by Act 27 of 2013 , s. 20 (w.e.f. 01-11-2013).

7 · Subs. by s. 20, ibid., for certain words (w.e.f. 01-11-2013).

8 · Ins. by s. 20, ibid. (w.e.f. 01-11-2013).

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.

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 2 [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].

32 · Powers and functions of the Board . — (1) Subject to any rules that may be made under this Act, the general superintendence of all 3 [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 3 [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 3 [auqaf] were created or intended:

4 · [waqf] " includes a 4 [waqf] in relation to which any scheme has been made by any court of law, whether before or after the commencement of this Act.

1 · Subs. by Act 14 of 2025, s. 18, for “section 76 of the Indian Evidence Act, 1872 (1 of 1872)” (w.e.f. 08-04-2025).

2 · Ins. by Act 27 of 2013, s. 21 (w.e.f. 01-11-2013).

3 · Subs. by s. 4, ibid., for “wakfs” (w.e.f. 01-11-2013).

4 · Subs. by s. 4, ibid., for “wakf” (w.e.f. 01-11-2013).

5 · Subs. by s. 4, ibid., for “wakif” (w.e.f. 01-11-2013).

4 · [(j) to sanction lease of any immovable property of a waqf in accordance with the provisions of this Act and the rules made thereunder:

5 · [(na) to determine or cause to be determined, in such manner as may be specified by the Board, market rent of the waqf land or building;]

1 · The Explanation and proviso omitted by Act 14 of 2025, s. 19 (w.e.f. 08-4-2025).

2 · Subs. by Act 27 of 2013, s. 4, for “wakfs” (w.e.f. 01-11-2013).

3 · Subs. by s. 4, ibid., for “wakf” (w.e.f. 01-11-2013).

4 · Subs. by s. 22, ibid., for clause (j) (w.e.f. 01-11-2013).

5 · Ins. by s. 22, ibid. (w.e.f. 01-11-2013).

6 · Certain words omitted by Act 14 of 2025, s. 19 (w.e.f. 08-04-2025).

7 · Subs. by Act 27 of 2013, s. 22, for “offers a feasible potential for development as a shopping centre” (w.e.f. 01-11-2013).

8 · The words “with the prior approval of the Government,” omitted by s. 22, ibid. (w.e.f. 01-11-2013).

33 · Powers of inspection by Chief Executive Officer or persons authorised by him . — (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.

34 · Recovery of the amount determined under section 33 . —W —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

1 · Subs. by Act 27 of 2013 , s. 4, for "wakf" (w.e.f. 01-11-2013).

2 · Ins. by s. 23, ibid . (w.e.f. 01-11-2013).

3 · The words "either himself or any other person authorised by him in writing in this behalf" omitted by s. 23, ibid. (w.e.f. 01-11-2013).

4 · Certain words omitted by Act 14 of 2025, s. 20 (w.e.f. 08-04-2025).

5 · Sub -section (6) omitted by s. 20, ibid. (w.e.f. 08-04-2025).

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,—

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.]

1 · Subs. by Act 27 of 2013 , s. 4, for "wakf" (w.e.f. 01-11-2013).

2 · Subs. by s. 4, ibid ., for " WAKFS " (w.e.f. 01-11-2013).

3 · Ins. by Act 14 of 2025, s. 21 (w.e.f. 08-04-2025).

4 · Subs. by Act 27 of 2013, s. 24, for “made by the wakf” (w.e.f. 01-11-2013).

5 · Subs. by Act 14 of 2025, s. 21 , for certain words (w.e.f. 08-0 4-2025).

2 · [(f) any other particulars as may be prescribed by the Central Government.]

4 · [(7) On receipt of an application for registration, the Board shall forward the application to the Collector having jurisdiction to inquire the genuineness and validity of the application and correctness of any particulars therein and submit a report to the Board:

7 · [(9) The Board, on registering a waqf, shall issue the certificate of registration to the waqf through the portal and database.

37 · Register of 5 [auqaf] . — 8 [(1)] The Board shall maintain a register of 5 [auqaf] which shall contain in respect of each 1 [waqf] copies of the 1 [waqf] deeds, when available and the following particulars 9 [in such manner as prescribed by the Central Government], namely:—

1 · Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 01-11-2013).

2 · Subs. by Act 14 of 2025, s. 21, for clause (f) (w.e.f. 08-04-2025).

3 · Certain words omitted by s. 21, ibid. (w.e.f. 08-04-2025).

4 · Subs. by s. 21, ibid., for sub-section (7) (w.e.f. 08-04-2025).

5 · Subs. by Act 27 of 2013, s. 4, for “wakfs” (w.e.f. 01-11-2013).

6 · Proviso omitted by Act 14 of 2025, s. 21 (w.e.f. 08-04-2025).

7 · Ins. by s. 21, ibid. (w.e.f. 08-04-2025).

8 · S. 37 numbered as sub -section (1) thereof by Act 27 of 2013, s. 25 (w.e.f. 01-11-2013).

9 · Ins. by Act 14 of 2025, s. 22 (w.e.f. 08-04-2025).

3 · [(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.

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:

1 · Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 01-11-2013).

2 · Subs. by Act 14 of 2025, s. 22, for “provided by regulations” (w.e.f. 08-04-2025).

3 · Ins. by Act 27 of 2013, s. 25 (w.e.f. 01-11-2013).

4 · Ins. by Act 14 of 2025, s. 22 (w.e.f. 08-04-2025).

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] .

40 · [Decision if a property is 2 [waqf] property . ]— Omitted by the Waqf (Amendment) Act, 2025 (14 of 2025), s. 23 (w.e.f. 8-4-2025) .

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

42 · Change in the management of 1 [auqaf] to be notified . — (1) In the case of any change in the management of a registered 2 [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.

43 · 1 [Auqaf] registered before the commencement of this Act deemed to be registered . — Notwithstanding anything contained in this Chapter, where any 2 [waqf] has been registered before the

1 · Subs. by Act 27 of 2013 , s. 4, for "wakfs" (w.e.f. 01-11-2013).

2 · Subs. by s. 4, ibid ., for "wakf" (w.e.f. 01-11-2013).

44 · Budget . — (1) Every mutawalli of f a 1 [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.

4 · [(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.]

45 · Preparation of budget of 2 [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 2 [auqaf] under the direct management of the Board, showing therein the estimated receipts and expenditure and submit it to the Board for its approval.

1 · Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 01-11-2013).

2 · Subs. by s. 4, ibid ., for "wakfs" (w.e.f. 01-11-2013).

3 · Subs. by s. 26, ibid., for “ninety days” (w.e.f. 01-11-2013).

4 · Subs. by s. 26, ibid., for sub-section (3) (w.e.f. 01-11-2013).

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

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:—

8 · [(b) the accounts of the waqf having net annual income exceeding one lakh rupees shall be audited annually, by an auditor appointed by the Board from out of the panel of auditors as specified in clause (a);]

7 · [Provided that the Central Government may, by order, direct the audit of any waqf at any time by an auditor appointed by the Comptroller and Auditor-General of India, or by any officer designated by the Central Government for that purpose.]

7 · [(2A) On receipt of the report under sub-section (2), the Board shall publish the audit report in such manner as may be prescribed by the Central Government.]

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

1 · Subs. by Act 27 of 2013 , s. 4, for "wakfs" (w.e.f. 01-11-2013).

2 · Subs. by s. 27, ibid ., for "1st day of May" (w.e.f. 01-11-2013).

3 · Subs. by Act 14 of 2025, s. 24, for “July” (w.e.f. 08-04-2025).

4 · Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 01-11-2013).

5 · Subs. by Act 14 of 2025, s. 24, for certain words (w.e.f. 08-04-2025).

6 · Subs. by s. 25 , ibid ., for "fifty thousand rupees" (w.e.f. 08-04-2025).

7 · Ins. by s. 25, ibid . (w.e.f. 08-04-2025).

8 · Subs. by s. 25, ibid., for clause (b) (w.e.f. 08-04-2025).

9 · Ins. by Act 27 of 2013, s. 28 (w.e.f. 01-11-2013).

10 · . Both the provisos omitted by Act 14 of 2025 , s. 25 (w.e.f. 08-04-2025).

1 · [(2A) The proceedings and orders of the Board under sub-section (1) shall be published in such manner as may be prescribed by the Central Government.]

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 for the same issued by the Board.

50 · Duties of mutawalli . — It shall be the duty of every mutawalli—

5 · [50A. Disqualification of mutawalli.—A person shall not be qualified for being appointed, or for continuing as, a mutawalli, if he—

1 · Ins. by Act 14 of 2025, s. 26 (w.e.f. 08-04-2025).

2 · Certain words omitted by s. 26, ibid. (w.e.f. 08-04-2025).

3 · Subs -section (4) omitted by s. 26, ibid. (w.e.f. 08-04-2025).

4 · Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 01-11-2013).

5 · Ins. by Act 14 of 2025, s. 27 (w.e.f. 08-04-2025).

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:

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 6 [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.

1 · Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 01-11-2013).

2 · Subs. by s. 29, ibid., for sub-section (1) (w.e.f. 01-11-2013).

3 · Subs. by Act 14 of 2025, s. 28, for “the Land Acquisition Act, 1894 (1 of 1894)” (w.e.f. 08-04-2025).

4 · The word "Public" omitted by Corrigendum, published in the Gazette of India, Extra PT II, sec. 1, No. 3, dated 1 st January, 2014.

5 · . Sub -sections (2), (3), (4) and (5) omitted by Act 27 of 2013, s. 29 (w.e.f. 01-11-2013).

6 · Ins. by s. 30 , ibid. (w.e.f. 01-11-2013).

2 · [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 3 [imprisonment] for a term which may extend to two years:

53 · Restriction on purchase of property on behalf of 7 [waqf] . —N —Notwithstanding anything contained in a 7 [waqf] deed, no immovable property shall be purchased for or on behalf of any 7 [waqf] from the funds of any 7 [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 7 [waqf] and that the price proposed to be paid therefor is adequate and reasonable:

54 · Removal of encroachment from 7 [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 7 [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

1 · Certain words omitted by Act 14 of 2025, s. 29 (w.e.f. 08-04-2025).

2 · Ins. by Act 27 of 2013, s. 31 (w.e.f. 01-11-2013).

3 · Subs. by Act 14 of 2025, s. 30, for “rigorous imprisonment” (w.e.f. 08-04-2025).

4 · Subs. by s. 30, ibid., for “be vested in the Board” (w.e.f. 08-04-2025).

5 · Sub -section (2) omitted by s. 30 , ibid . (w.e.f. 08-04-2025).

6 · Sub -section (4) omitted by s. 30 , ibid. d. (w.e.f. 08-04-2025).

7 · Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 01-11-2013).

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:

3 · [Provided that the Board shall immediately intimate the State Government regarding a lease for any period exceeding three years of any waqf property and thereafter it may become effective after the expiry of forty-five days from the date on which the Board intimates the State Government.]

3 · [(4) Every rule made by the Central Government under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session for a total period of thirty days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]

57 · Mutawalli entitled to pay certain costs from income of 1 [waqf] property . —N —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.

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.

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

1 · Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 01-11-2013).

2 · Subs. by s. 35 , ibid., for " A lease or sub -lease for any period exceeding three years" (w.e.f. 01-11-2013).

3 · . Ins. by s. 35 , ibid. (w.e.f. 01-11-2013).

4 · . Subs. by s. 35 , ibid., for "A lease or sub -lease for any period exceeding one year and not exceeding three years " (w.e.f. 01-11-2013).

5 · . The words "or sub -lease" omitted by s. 35, ibid. (w.e.f. 01-11-2013).

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.

61 · Penalties . — (1) If a mutawalli fails to—

4 · [he shall, unless he satisfies the court or the Tribunal that there was reasonable cause for his failure, be punishable with a fine which shall not be less than twenty thousand rupees but which may extend to fifty thousand rupees.]

5 · [(1A) If a mutawalli fails to—

1 · Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 01-11-2013).

2 · Subs. by s. 4, ibid., for “wakfs” (w.e.f. 01-11-2013).

3 · Cls . (e) and (f) omitted by Act 14 of 2025, s. 32 (w.e.f. 08-04-2025).

4 · Subs. by s. 32, ibid., for long line (w.e.f. 08-04-2025).

5 · Ins. by s. 32, ibid. (w.e.f. 08-04-2025).

62 · Mutawalli not to spend any money belonging to 2 [waqf] for self defence . —N —No mutawalli shall spend any money out of the funds of the 2 [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.

63 · Power to appoint mutawallis in certain cases . — When there is a vacancy in the office of the mutawalli of a 2 [waqf] and there is no one to be appointed under the terms of the deed of the 2 [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.

64 · Removal of mutawalli . — (1) Notwithstanding anything contained in any other law or the deed of 2 [waqf], the Board may remove a mutawalli from his office if such mutawalli—

3 · [(g) has failed, without reasonable excuse, to maintain regular accounts for one year or has failed to submit, within one year, the yearly statement of accounts, as required by section 46; or]

4 · [(l) is a member of any association which has been declared unlawful under the Unlawful Activities (Prevention) Act, 1967 (37 of 1967).]

1 · Subs. by Act 14 of 2025, s. 32, for “the Code of Criminal Procedure, 1973 (2 of 1974)” (w.e.f. 08-04-2025).

2 · Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 01-11-2013).

3 · Subs. by Act 14 of 2025, s. 33, for clause (g) (w.e.f. 08-04-2025).

4 · Ins. by s. 33 , ibid . (w.e.f. 08-04-2025).

65 · Assumption of direct management of certain 3 [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.

1 · Certain words omitted by Act 14 of 2025, s. 33 (w.e.f. 08-04-2025).

2 · Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 01-11-2013).

3 · Subs. by s. 4, ibid., for “wakfs” (w.e.f. 01-11-2013).

4 · Subs. by Act 14 of 2025, s. 34, for “As soon as possible” (w.e.f. 08-04-2025).

1 · [(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.]

66 · Powers of appointment and removal of mutawalli when to be exercised by the State Government . —W —Whenever a deed of 2 [waqf] or any decree or order of a court of any scheme of management of any 2 [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 2 [waqf], then , notwithstanding anything contained in such deed of 2 [waqf] , decree, order or scheme, such powers aforesaid shall be exercisable by the State Government:

67 · Supervision and supersession of committee of Management . — (1) Whenever the supervision or management of a 2 [waqf] is vested in any committee appointed by the 2 [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 2 [waqf], whichever is earlier:

3 · [(4) Any person aggrieved by the order made under sub-section (2) may, within ninety days from the date of the order, appeal to the Tribunal:]

1 · Ins. by Act 27 of 2013, s. 37 (w.e.f. 01-11-2013).

2 · Subs. by s. 4, ibid., for “wakf” (w.e.f. 01-11-2013).

3 · Subs. by Act 14 of 2025, s. 35, for sub-section (4) (w.e.f. 08-04-2025).

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.

69 · Power of Board to frame scheme for administration of 2 [waqf] . — 5 [(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.]

1 · Certain words omitted by Act 14 of 2025, s. 35 (w.e.f. 08-04-2025).

2 · Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 01-11-2013).

3 · Subs. by s. 38, ibid., for “Magistrate of the first class” and “Magistrate” (w.e.f. 01-11-2013).

4 · Subs. by s. 38, ibid., for “the Magistrate” (w.e.f. 01-11-2013).

5 · Subs. by s. 39, ibid., for sub-section (1) (w.e.f. 01-11-2013).

3 · [Provided that no such order shall be made under this sub-section unless a written notice inviting objections from the person likely to be affected and general public, in such manner as may be prescribed by the State Government.]

70 · Inquiry relating to administration of 1 [waqf] . —A —Any person interested in a 1 [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.

71 · Manner of holding inquiry . — (1) The Board may, either on an application received under section 4 [70] or on its own motion,—

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 5 [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] .

1 · Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 01-11-2013).

2 · Second proviso omitted by Act 14 of 2025, s. 36 (w.e.f. 08-04-2025).

3 · Ins. by s. 36, ibid. (w.e.f. 08-04-2025).

4 · Subs. by Act 27 of 2013, s. 40, for “73” (w.e.f. 01-11-2013).

5 · Subs. by Act 14 of 2025, s. 37, for “seven per cent.” (w.e.f. 08-04-2025).

6 · Subs. by Act 27 of 2013, s. 4, for “wakfs” (w.e.f. 01-11-2013).

4 · [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.]

1 · . Ins. by Act 27 of 2013, s. 41 (w.e.f. 01-11-2013).

2 · Subs. by s. 41 , ibid., for "ten per cent." (w.e.f. 01-11-2013).

3 · Subs. by s. 4 , ibid., for "wakf" (w.e.f. 01-11-2013).

4 · . Ins. by s. 41, ibid . (w.e.f. 01-11-2013).

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

1 · Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 01-11-2013).

2 · Certain words omitted by Act 14 of 2025, s. 38 (w.e.f. 08-04-2025).

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.

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.

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 the 1 [waqf] except with the previous sanction of the Board:

1 · Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 01-11-2013).

2 · Certain words omitted by Act 14 of 2025, s. 38 (w.e.f. 08-04-2025).

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.

3 · [(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) . ]

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.

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.

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.

1 · Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 01-11-2013).

2 · Subs. by s. 4, ibid., for “wakfs” (w.e.f. 01-11-2013).

3 · . Ins. by s. 42, ibid. (w.e.f. 01-11-2013).

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 2 [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].

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.

83 · Constitution of Tribunals, etc . — 3 [(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:]

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

4 · [Provided that if there is no Tribunal or the Tribunal is not functioning, any aggrieved person may appeal to the High Court directly.]

1 · Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 01-11-2013).

2 · Ins. by s. 43, ibid. for “as it thinks fit” (w.e.f. 01-11-2013).

3 · Subs. by s. 44, ibid., for sub-section (1) (w.e.f. 01-11-2013).

4 · Ins. by Act 14 of 2025, s. 39 (w.e.f. 08-04-2025).

1 · [ 2 [(4) Every Tribunal shall consist of three members—

3 · [Provided that tenure of the Chairman and the member shall be five years from the date of appointment or until they attain the age of sixty-five years, whichever is earlier.]

5 · [(9) Any person aggrieved by the order of the Tribunal, may appeal to the High Court within a period of ninety days from the date of receipt of the order of the Tribunal:]

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 6 [waqf] or 6 [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.

85 · Bar of jurisdiction of civil courts . —N —No suit or other legal proceeding shall lie in any 7 [civil court, revenue court and any other authority] in respect of any dispute, question or other matter relating to any 6 [waqf] , 6 [waqf] property or other matter which is required by or under this Act to be determined by a Tribunal.

1 · Subs. by Act 27 of 2013, s. 44, for sub-section (4) (w.e.f. 01-11-2013).

2 · Subs. by Act 14 of 2025, s. 39, for sub-section (4) (w.e.f. 08-04-2025).

3 · Ins. by s. 39, ibid. (w.e.f. 08-04-2025).

4 · The words “final and” omitted by s. 39, ibid. (w.e.f. 08-04-2025).

5 · Subs. by s. 39, ibid ., for sub -section (9) (w.e.f. 08-04-2025).

6 · Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 01-11-2013).

7 · Subs. by s. 45, ibid ., for "civil court" (w.e.f. 01-11-2013).

86 · Appointment of a receiver in certain cases . —N —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—

87 · [Bar to the enforcement of right on behalf of unregistered 3 [auqaf] . ] Omitted by the Wakf (Amendment) Act, 2013 (27 of 2013), s. 47 (w.e.f. 1-11-2013).

88 · Bar to challenge the 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.

89 · Notice of suits by parties against Board . —N —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.

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.

91 · Proceedings under Act 1 of 1894 . — (1) If, in the course of proceedings under 5 [ 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,

1 · Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 01-11-2013).

2 · Ins. by s. 46, ibid. (w.e.f. 01-11-2013).

3 · Subs. by s. 4, ibid ., for "wakfs" (w.e.f. 01-11-2013).

4 · Subs. by s. 48, ibid ., for "one month" (w.e.f. 01-11-2013).

5 · Subs. by Act 14 of 2025, s. 40, for " the Land Acquisition Act, 1894 (1 of 1894) " (w.e.f. 08-04-2025).

1 · [and before an award is made, in case the property] under acquisition is 2 [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.

5 · [Provided that the Collector after hearing the parties concerned shall make the order within one month of the application of the Board.]

92 · Board to be party to suit or proceeding . — In any suit or proceeding in respect of a 2 [waqf] or any 2 [waqf] property the Board may appear and plead as a party to the suit or proceeding.

93 · Bar to compromise of suits by or against mutawallis . —N —No suit or proceeding in any court by or against the mutawalli of a 2 [waqf] relating to title to 2 [waqf] property or the rights of the mutawalli shall be compromised without the sanction of the Board.

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.

95 · Power of appellate authority to entertain appeal after expiry of specified period . —W —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.

1 · Subs. by Act 27 of 2013, s. 49, for “it appears to the Collector before an award is made that any property” (w.e.f. 01-11-2013).

2 · Subs. by s. 4, ibid., for “wakf” (w.e.f. 01-11-2013).

3 · Subs. by Act 14 of 2025, s. 40, for certain words (w.e.f. 08-04-2025).

4 · Subs. by s. 40, ibid . , for "shall be declared void if the Board" (w.e.f. 08-04-2025).

5 · Ins. by s. 40, ibid. (w.e.f. 08-04-2025).

96 · 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:—

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:

3 · [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.]

98 · Annual report by State Government . —A —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 f 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.

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:

4 · [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.]

1 · Subs. by Act 27 of 2013, s. 4, for “wakfs” (w.e.f. 01-11-2013).

2 · Subs. by s. 4 , ibid ., for "wakf" (w.e.f. 01-11-2013).

3 · Ins. by s. 50, ibid. (w.e.f. 01-11-2013).

4 · Ins. by s. 51, ibid. (w.e.f. 01-11-2013).

1 · [(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]

100 · Protection of action taken in good faith . —N —No suit or other legal proceeding shall lie against the board or Chief Executive Officer or 2 [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.

101 · 3 [Collector] , members and officers of the Board , deemed to be public servants . — (1) The 3 [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 4 [clause (28) of section 2 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)] .

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 f 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.

1 · Subs. by Act 27 of 2013, s. 51, for cl . (a) (w.e.f. 01-11-2013).

2 · Subs. by Act 14 of 2025, s. 41, for “Survey Commissioner” (w.e.f. 08-04-2025).

3 · Subs. by s. 42, ibid., for “Survey Commissioner” (w.e.f. 08-04-2025).

4 · Subs. by s. 42, ibid., for “section 21 of the Indian Penal Code (45 of 1860)” (w.e.f. 08-04-2025).

5 · Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 01-11-2013).

6 · Subs. by s. 52, ibid ., for "after consulting the State Governments" (w.e.f. 01-11-2013).

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.

104 · [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) .

2 · [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.

3 · [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.

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

1 · Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 01-11-2013).

2 · Ins. by s. 53, ibid. (w.e.f. 01-11-2013).

3 · Ins. by s. 54, ibid. (w.e.f. 01-11-2013).

106 · Powers of Central Government to constitute common Boards . — (1) Where the Central Government is satisfied that by reasons of—

4 · [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.]

108 · [Special provision as to evacuee 3 [waqf] properties . ]— Omitted by the Waqf (Amendment) Act, 2025 (14 of 2025), s. 45 (w.e.f. 08-04-2025) .

108A · . [Act to have overriding effect . ]— Omitted by the Waqf (Amendment) Act, 2025 (14 of 2025), s. 45 (w.e.f. 08-04-2025).

5 · [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.

1 · Subs. by Act 27 of 2013, s. 4, for “wakfs” (w.e.f. 01-11-2013).

2 · Subs. by s. 55, ibid . , for "after consultation with the Government" (w.e.f. 01-11-2013).

3 · Subs. by, s. 4, ibid., for “wakf” (w.e.f. 01-11-2013).

4 · Subs. by Act 14 of 2025, s. 44, for section 107 (w.e.f. 08-04-2025).

5 · Ins. by s. 46, ibid. (w.e.f. 08-04-2025).

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 .

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

1 · Subs. by Act 27 of 2013, s. 57, for cl . (i) (w.e.f. 01-11-2013).

2 · Cl . (ia) omitted by Act 14 of 2025, s. 47 (w.e.f. 08-04-2025).

3 · Subs. by Act 27 of 2013 , s. 4 , for "Wakfs" (w.e.f. 01-11-2013).

4 · Cl . (iv) omitted by Act 14 of 2025, s. 47 (w.e.f. 08-04-2025).

5 · Subs. by Act 27 of 2013, s. 57, for “under” (w.e.f. 01-11-2013).

1 · [(via) the period within which the mutawalli or any other person may produce documents related to waqf properties under sub-section (2) of 2 [section 29];

5 · [(xviiia) the manner of giving notice inviting objections under proviso to sub-section (4) of section 69;]

7 · [(xxiia) the terms and conditions of appointment including the salaries and allowances payable to the Chairman and other members other than persons appointed as ex officio members under sub -section (4A) of section 83;]

1 · Ins. by Act 27 of 2013, s. 57 (w.e.f. 01-11-2013).

2 · Subs. by Act 14 of 2025, s. 47, for “section 31” (w.e.f. 08-04-2025).

3 · Subs. by Act 27 of 2013, s. 4, for “Wakfs” (w.e.f. 01-11-2013).

4 · Cl . (xi) omitted by s. 57, ibid. (w.e.f. 01-11-2013).

5 · Ins. by Act 14 of 2025, s. 47 (w.e.f. 08-04-2025).

6 · Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 01-11-2013).

7 · Ins. by s. 57, ibid. (w.e.f. 01-11-2013).

110 · Powers to make regulations by the Board . — (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.

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.

112 · Repeal and savings . — (1) The Wakf Act, 1954 (29 of 1954) and the Wakf (Amendment) Act, 1984 (69 of 1984) are hereby repealed.

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:

1 · Cls . (f) and (g) omitted by Act 14 of 2025, s. 48 (w.e.f. 08-04-2025).

2 · Subs. by Act 27 of 2013, s. 4, for “Wakfs” (w.e.f. 01-11-2013).

2 · Comprehensive amendments to the Wakf Act, were, made by the Wakf (Amendment) Act, 1984 which were based largely on the recommendations of the Wakfs Inquiry Committee, set up in December, 1970 to enquire into administration of wakfs at all levels and in response to a demand made in Parliament by the Members during a discussion on the Wakf (Amendment) Bill, 1969.

3 · Only two provisions of 1984 Act could, however be enforced because of strong opposition to its various provisions from the Muslim Community. The two provisions delated to:-

4 · The main criticism related to provisions concerning the powers of the Wakf Commissioner. It was stated that the Wakf Commissioner has been given overriding powers and the Wakf Board has been mad sub -ordinate to him. The other criticisms were that the Amendment Act, 1984 is a gross interference by the State and the Central Government in the day to day management and administration of the wakfs by the Trustees and Mutawallis of wakfs.

5 · After a careful consideration of the objections to the various provisions of the 1984 Act, and after holding wide ranging discussions with the leaders' of the Muslim Community, it has been decided to bring in a new comprehensive Bill on wakf matters incorporating the features of 1954 Act and such provisions of the 1984 Act, in respect of which there was a near consensus.

6 · Now, the new Wakf Law will have inter alia, the following features:—

7 · The present Bill seeks to achieve the above objectives.

Subordinates (27)

7far) Ho 3o Uro-33004/99

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Hkkx II — [k.M 3—mi&[k.M (i)

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No. 47$J NE.W DELHI, SATURDAY, NOVEMBER 22, 1975/AGRAHJ\YANA I. 1197

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Government of India Ministry of Minority Affairs

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rfwrz} # . r. (.}7

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REGDNO.DL-33(4N9

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RECD NO.DL :3300439

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7F Ho Jo Udo-33004/99

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khicla 140 This higher prue

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mun #. #.e7.-33004/93

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The Gcmette of 3nclia

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MINISTRY OF WELFARE NOTIFICATION

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THE CENTRAL WAKF COUNCIL PROPOSED RULES, 1998

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THE CENTRAL WAKF COUNCIL PROPOSED RULES, 1998

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THE GAZETTE OF INDIA : EXTRAORDINARY [PART II_SEc: 3 (ii)] MINISTRY OF WELFARE NOTIFICATION New Delhi, the 26th June, 1997 s0; 4G4(E) _In ex

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