TO BE INTRODUCED IN LOK SABHA

Bill No. 109 of 2024

THE WAQF (AMENDMENT) BILL, 2024

A

BILL
further to amend the Waqf Act, 1995.
BE it enacted by Parliament in the Seventy-fifth Year of the Republic of
India as follows:—
1. (1) This Act may be called the Waqf (Amendment) Act, 2024. Short title and
commencement.
(2) It shall come into force on such date as the Central Government may, by
5 notification in the Official Gazette, appoint.
43 of 1995. 2. In section 1 of the Waqf Act, 1995 (hereinafter referred to as the principal Amendment of
Act), in sub-section (1), for the word “Waqf”, the words “Unified Waqf section 1.
Management, Empowerment, Efficiency and Development” shall be substituted.
 2

Amendment of 3. In section 3 of the principal Act,—

section 3.
(i) after clause (a), the following clause shall be inserted, namely:—
‘(aa) “Aghakhani waqf” means a waqf dedicated by an
Aghakhani waqif;’;
(ii) after clause (c), the following clause shall be inserted, namely:— 5

‘(ca) “Bohra waqf” means a waqf dedicated by a Bohra waqif;’;

(iii) after clause (d), the following clause shall be inserted, namely:—
‘(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;’; 10

(iv) after clause (f), the following clauses shall be inserted, namely:—
‘(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 15
owned and controlled by the Central Government or State
Government;
(fb) “Government property” means movable or immovable
property or any part thereof, belonging to a Government
Organisation;’; 20

(v) in clause (i), the words “, either verbally or” shall be omitted;
(vi) after clause (k), the following clause shall be inserted, namely:—
‘(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 25
Board, as may be prescribed by the Central Government;’;
(vii) for clause (l), the following clause shall be substituted, namely:—
‘(l) “prescribed”, means prescribed by rules made under this
Act;’;
(viii) clause (p) shall be omitted; 30

(ix) in clause (r),—

(a) in the opening portion, for the words “any person, of any
movable or immovable property”, the words “any person practising
Islam for at least five years, of any movable or immovable property,
having ownership of such property,” shall be substituted; 35

(b) sub-clause (i) shall be omitted;

(c) in sub-clause (iv), after the word “welfare”, the words
“, maintenance of widow, divorced woman and orphan in such
manner, as may be prescribed by the Central Government,” shall be
inserted; 40

(d) in the long line, for the words “any person”, the words “any
such person” shall be substituted.
Insertion of new 4. After section 3 of the principal Act, the following sections shall be
sections 3A, 3B inserted, namely:—
and 3C.
 3

“3A. (1) No person shall create a waqf unless he is the lawful owner Certain
of the property and competent to transfer or dedicate such property. conditions of
waqf.
(2) The creation of a waqf-alal-aulad shall not result in denial of
inheritance rights of heirs, including women heirs, of the waqif.
5 3B. (1) Every waqf registered under this Act, prior to the Filing of details
commencement of the Waqf (Amendment) Act, 2024, shall file the details of waqf on
portal and
of the waqf and the property dedicated to the waqf on the portal and database.
database, within a period of six months from such commencement.
(2) The details of the waqf under sub-section (1), amongst other
10 information, shall include the following, namely:—
(a) the identification and boundaries of waqf properties, their use
and occupier;
(b) the name and address of the creator of the waqf, mode and
date of such creation;
15 (c) the deed of waqf, if available;
(d) the present mutawalli and its management;
(e) the gross annual income from such waqf properties;
(f) the amount of land revenue, cesses, rates and taxes annually
payable in respect of the waqf properties;
20 (g) an estimate of the expenses annually incurred in the
realisation of the income of the waqf properties;
(h) the amount set apart under the waqf for—
(i) the salary of the mutawalli and allowances to the
individuals;
25 (ii) purely religious purposes;
(iii) charitable purposes; and
(iv) any other purposes;
(i) details of court cases, if any, involving such waqf property;
(j) any other particular as may be prescribed by the Central
30 Government.
3C. (1) Any Government property identified or declared as waqf Wrongful
property, before or after the commencement of this Act, shall not be deemed declaration of
waqf.
to be a waqf property.
(2) If any question arises as to whether any such property is a
35 Government property, the same shall be referred to the Collector having
jurisdiction who shall make such inquiry as he deems fit, 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
40 the Collector submits his report.
(3) In case the Collector determines the property to be a Government
property, he shall make necessary corrections in revenue records and submit
a report in this regard to the State Government.
(4) The State Government shall, on receipt of the report of the
45 Collector, direct the Board to make appropriate correction in the records.”.
 4

Amendment of 5. In section 4 of the principal Act,—

section 4.
(a) for the marginal heading, the marginal heading “Survey of auqaf.”
shall be substituted;
(b) for sub-section (1), the following sub-section shall be substituted,
5
namely:—
“(1) Any survey of auqaf pending before the Survey Commissioner,
on the commencement of the Waqf (Amendment) Act, 2024, 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 10
submit his report to the State Government.”;
(c) sub-sections (1A), (2) and (3) shall be omitted;
(d) in sub-section (4), in the opening portion, for the words “Survey
Commissioner”, the word “Collector” shall be substituted;
(e) in sub-section (5), after the words “Sunni waqf”, the words “or 15
Aghakhani waqf or Bohra waqf” shall be inserted;
(f) sub-section (6) shall be omitted.
Amendment of 6. In section 5 of the principal Act,—
section 5.
(a) in sub-section (1), for the word, brackets and figure “sub-section (3)”,
the word, brackets and figure “sub-section (1)” shall be substituted; 20

(b) in sub-section (2), after the words “Shia auqaf”, the words “or
Aghakhani auqaf or Bohra auqaf” shall be inserted;
(c) after sub-section (2), the following sub-sections shall be inserted,
namely:—
“(2A) The State Government shall upload the notified list of 25
auqaf on the portal and database within fifteen days from the date of
its publication in the Official Gazette under sub-section (2).
(2B) The details of each waqf shall contain the identification,
boundaries of waqf properties, their use and occupier, details of the
creator, mode and date of such creation, purpose of waqf, their present 30
mutawallis and management in such manner as may be prescribed by
the Central Government.”;
(d) for sub-section (3), the following sub-section shall be substituted,
namely:—
“(3) The revenue authorities, before deciding mutation in the 35
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.”;
(e) in sub-section (4), after the words “time to time”, the words “on 40
the portal and database” shall be inserted.
Amendment of 7. In section 6 of the principal Act,—
section 6.
(a) in sub-section (1),—
(i) after the words “Sunni waqf”, the words “or Aghakhani waqf
or Bohra waqf” shall be inserted; 45

(ii) the words “and the decision of the Tribunal in respect of such
matter shall be final” shall be omitted;
 5

(iii) in the first proviso, for the words “one year”, the words “two
years” shall be substituted;
(iv) the second proviso shall be omitted;
(b) in sub-section (3), for the words “Survey Commissioner”, the word
5 “Collector” shall be substituted.
8. In section 7 of the principal Act, in sub-section (1),— Amendment of
section 7.
(i) after the words “Sunni waqf”, the words “or Aghakhani waqf or
Bohra waqf” shall be inserted;
(ii) the words “and the decision of the Tribunal thereon shall be final”
10 shall be omitted;
(iii) in the first proviso, for the words “one year” wherever they occur,
the words “two years” shall be substituted;
(iv) in the second proviso, for the words “Provided further that”, the
following shall be substituted, namely:—
15 “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:
Provided also that”.
20 9. In section 9 of the principal Act, for sub-section (2), the following Amendment of
sub-section shall be substituted, namely:— section 9.

“(2) The Council shall consist of—

(a) the Union Minister in charge of waqf—Chairperson,
ex officio;
25 (b) three Members of Parliament of whom two shall be from the
House of the people and one from the Council of States;
(c) the following members to be appointed by the Central
Government from amongst Muslims, namely:—
(i) three persons to represent Muslim organisations having
30 all India character and national importance;
(ii) Chairpersons of three Boards by rotation;
(iii) one person to represent the mutawallis of the waqf
having a gross annual income of five lakh rupees and above;
(iv) three persons who are eminent scholars in Muslim law;
35 (d) two persons who have been Judges of the Supreme Court or
a High Court;
(e) one Advocate of national eminence;
(f) four persons of national eminence, one each from the fields
of administration or management, financial management, engineering
40 or architecture and medicine;
(g) Additional Secretary or Joint Secretary to the Government of
India dealing with waqf matters in the Union Ministry or
department―member, ex officio:
Provided that two of the members appointed under clause (c)
45 shall be women:
 6

Provided further that two members appointed under this sub-section

shall be non-Muslim.”.
Amendment of 10. In section 13 of the principal Act, for sub-section (2A), the following
section 13. sub-section shall be substituted, namely:—
“(2A) The State Government may, if it deems necessary, by 5
notification in the Official Gazette, establish a separate Board of Auqaf for
Bohras and Aghakhanis.”.
Amendment of 11. In section 14 of the principal Act,—
section 14.
(a) for sub-sections (1), (1A), (2), (3) and (4), the following
sub-sections shall be substituted, namely:— 10

“(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 15
case may be, the National Capital Territory of Delhi;
(ii) one Member of the State Legislature;
(c) the following members belonging to Muslim
community, namely:—
(i) one mutawalli of the waqf having an annual 20
income of one lakh rupees and above;
(ii) one eminent scholar of Islamic theology;
(iii) two or more elected members from the
Municipalities or Panchayats:
Provided that in case there is no Muslim member available 25
from any of the categories in sub-clauses (i) to (iii), additional
members from category in sub-clause (iii) may be nominated;
(d) two persons who have professional experience in
business management, social work, finance or revenue,
agriculture and development activities; 30

(e) one officer of the State Government, not below the rank
of Joint Secretary to that State Government;
(f) one Member of the Bar Council of the concerned State
or Union territory:
Provided that two members of the Board appointed under 35
clause (c) shall be women:
Provided further that two of total members of the Board
appointed under this sub-section shall be non-Muslim:
Provided also that the Board shall have at least one member each
from Shia, Sunni and other backward classes among Muslim 40
Communities:
Provided also that one member each from Bohra and Aghakhani
communities shall be nominated in the Board in case they have
functional auqaf in the State or Union territory:
 7

Provided also that the elected members of Board holding office

on the commencement of the Waqf (Amendment) Act, 2024 shall
continue to hold office as such until the expiry of their term of office.
(2) No Minister of the Central Government or, as the case may
5 be, a State Government, shall be nominated as a member of the Board.
(3) In case of a Union territory, the Board shall consist of not
less than five and not more than seven members to be nominated by
the Central Government under sub-section (1).”;
(b) for sub-section (6), the following sub-section shall be substituted,
10 namely:—
“(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
15 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.”;
(c) sub-section (8) shall be omitted.
20 12. In section 16 of the principal Act, for clause (d), the following clause Amendment of
shall be substituted, namely:— section 16.

“(d) he has been convicted of any offence and sentenced to

imprisonment for not less than two years;”.
13. In section 17 of the principal Act, in sub-section (1), after the words Amendment of
section 17.
25 “shall meet”, the words “at least once in every month” shall be inserted.
Omission of
14. Section 20A of the principal Act shall be omitted. section 20A.
15. In section 23 of the principal Act, for sub-section (1), the following Amendment of
sub-section shall be substituted, namely:— section 23.

“(1) There shall be a full-time Chief Executive Officer of the Board to

30 be appointed by the State Government and who shall be not below the rank
of Joint Secretary to the State Government.”.
16. In section 32 of the principal Act,— Amendment of
section 32.
(a) in sub-section (2), in clause (e), the Explanation and the proviso
shall be omitted;
35 (b) in sub-section (3), the words “and the decision of the Tribunal
thereon shall be final” shall be omitted.
17. In section 33 of the principal Act,— Amendment of
section 33.
(a) in sub-section (4), in the proviso, the words, brackets and figure
“and the Tribunal shall have no power to make any order staying pending
40 the disposal of the appeal, the operation of the order made by the Chief
Executive Officer under sub-section (3)” shall be omitted;
(b) sub-section (6) shall be omitted.
18. In section 36 of the principal Act,— Amendment of
section 36.
(a) after sub-section (1), the following sub-section shall be inserted,
45 namely:—
“(1A) On and from the commencement of the Waqf
(Amendment) Act, 2024, no waqf shall be created without execution
of a waqf deed.”;
 8

(b) in sub-section (3),—

(i) in the opening portion, for the words “in such form and manner
and at such place as the Board may by regulation provide”, the words
“to the Board through the portal and database” shall be substituted;
(ii) for clause (f), the following clause shall be substituted, 5
namely:—
“(f) any other particulars as may be prescribed by the
Central Government.”;
(c) in sub-section (4), the words “or if no such deed has been executed
or a copy thereof cannot be obtained, shall contain full particulars, as far as 10
they are known to the applicant, of the origin, nature and objects of the
waqf” shall be omitted;
(d) for sub-section (7), the following sub-sections shall be substituted,
namely:—
“(7) On receipt of an application for registration, the Board shall 15
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:
Provided that if the application is made by any person other than
the person administering the waqf, the Board shall, before registering 20
the waqf, give notice of the application to the person administering the
waqf and shall hear him if he desires to be heard.
(7A) Where the Collector in his report mentions that the
property, wholly or in part, is in dispute or is a Government property,
the waqf in relation to such part of property shall not be registered, 25
unless the dispute is decided by a competent court.”;
(e) in sub-section (8), the proviso shall be omitted;
(f) after sub-section (8), the following sub-sections shall be inserted,
namely:—
“(9) The Board, on registering a waqf, shall issue the certificate 30
of registration to the waqf through the portal and database.
(10) No suit, appeal or other legal proceeding for the
enforcement of any right on behalf of any waqf which have not been
registered in accordance with the provisions of this Act, shall be
instituted or commenced or heard, tried or decided by any court after 35
expiry of a period of six months from the commencement of the Waqf
(Amendment) Act, 2024.”.
Amendment of 19. In section 37 of the principal Act,—
section 37.
(a) in sub-section (1),—
(i) in the opening portion, after the word “particulars”, the words “in 40
such manner as prescribed by the Central Government” shall be inserted;
(ii) in clause (f), for the words “provided by regulations”, the
words “prescribed by the Central Government” shall be substituted;
(b) in sub-section (3), after the words “land record office shall”, the
words “before deciding mutation in the land records, in accordance with 45
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, then” shall be substituted.
 9

20. Section 40 of the principal Act shall be omitted. Omission of

section 40.

21. In section 46 of the principal Act, in sub-section (2),— Amendment of

section 46.
(a) for the word “July”, at both the places where it occurs, the word
“October” shall be substituted;
5 (b) for the words “in such form and containing such particulars as may
be provided by regulations by the Board of all moneys received”, the words
“in such form and manner and containing such particulars as may be
prescribed by the Central Government, of all moneys received from any
source” shall be substituted.
10 22. In section 47 of the principal Act,— Amendment of
section 47.
(a) in sub-section (1),—
(i) in clause (a),—
(A) for the words “fifty thousand rupees”, the words “one
lakh rupees” shall be substituted;
15 (B) after the words “appointed by the Board”, the
following shall be inserted, namely:—
“from out of the panel of auditors prepared by the
State Government:
Provided that the State Government shall, while
20 preparing such panel of auditors, specify the remuneration
to be paid to such auditors;”;
(ii) for clause (b), the following clause shall be substituted,
namely:—
“(b) the accounts of the waqf having net annual income
25 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);”;
(iii) in clause (c), the following proviso shall be inserted,
namely:—

30 “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.”;
(b) after sub-section (2), the following sub-section shall be inserted,
35 namely:—
“(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.”;
(c) in sub-section (3), both the provisos shall be omitted.
40 23. In section 48 of the principal Act,— Amendment of
section 48.
(a) after sub-section (2), the following sub-section shall be inserted,
namely:—
 10

“(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.”;
(b) in sub-section (3), the words, brackets and figure “and the Tribunal
shall not have any power to stay the operation of the order made by the 5
Board under sub-section (1)” shall be omitted;
(c) sub-section (4) shall be omitted.
Insertion of new 24. After section 50 of the principal Act, the following section shall be
section 50A. 10
inserted, namely:—
Disqualification “50A. A person shall not be qualified for being appointed, or for
of mutawalli. 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;
(c) is an undischarged insolvent; 15

(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;
(f) has been on a previous occasion—
(i) removed as a mutawalli; or 20

(ii) removed by an order of a competent court or Tribunal

from any position of trust either for mismanagement or for
corruption.”.
Amendment of 25. In section 52 of the principal Act, in sub-section (4), the words “and the
section 52. decision of the Tribunal on such appeal shall be final” shall be omitted. 25

Amendment of 26. In section 52A of the principal Act,—

section 52A.
(a) in sub-section (1),—
(i) for the words “rigorous imprisonment”, the word
“imprisonment” shall be substituted;
(ii) in the provisio for the words “be vested in the Board”, the 30
words “be reverted back to the waqf” shall be substituted;
(b) sub-section (2) shall be omitted;
(c) sub-section (4) shall be omitted.
Amendment of 27. In section 55A of the principal Act, in sub-section (2), in the proviso,
section 55A. the words “and the decision of the Tribunal thereon shall be final” shall be 35
omitted.
Amendment of 28. In section 61 of the principal Act,—
section 61.
(a) in sub-section (1),—
(i) clauses (e) and (f) shall be omitted;
(ii) for the long line, the following shall be substituted, 40
namely:—
 11

“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 (b) after sub-section (1), the following sub-section shall be inserted,
namely:—
“(1A) If a mutawalli fails to—
(i) deliver possession of any waqf property, if ordered by
the Board or the Tribunal;
10 (ii) carry out the directions of the Collector or the Board;
(iii) do any other act which he is lawfully required to do by
or under this Act;
(iv) provide statement of accounts under section 46;
(v) upload the details of waqf under section 3B,
15 he shall be punishable with imprisonment for a term which may extend
to six months and also with a fine which shall not be less than twenty
thousand rupees but which may extend to one lakh rupees.”.
29. In section 64 of the principal Act,— Amendment of
section 64.
(a) in sub-section (1),—
20 (i) for clause (g), the following clause shall be substituted,
namely:—
“(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;
25 or”;
(ii) after clause (k), the following clause shall be inserted,
namely:—
“(l) is a member of any association which has been
declared unlawful under the Unlawful Activities (Prevention)
37 of 1967. 30 Act, 1967.”;
(b) in sub-section (4), the words “and the decision of the Tribunal on
such appeal shall be final” shall be omitted.
30. In section 65 of the principal Act, in sub-section (3), for the words “As Amendment of
soon as possible”, the words “Within six months” shall be substituted. section 65.

35 31. In section 67 of the principal Act,— Amendment of

section 67.
(a) for sub-section (4), the following sub-section shall be substituted,
namely:—
“(4) Any person aggrieved by the order made under sub-section (2)
may, within sixty days from the date of the order, appeal to the Tribunal.”;
40 (b) in sub-section (6), in the second proviso, the words “and the order
made by the Tribunal in such appeal shall be final” shall be omitted.
32. In section 69 of the principal Act,— Amendment of
section 69.
(a) in sub-section (3), the second proviso shall be omitted;
 12

(b) in sub-section (4), the following proviso shall be inserted,

namely:—
“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 5
prescribed by the State Government.”.
Amendment of 33. In section 72 of the principal Act,—
section 72.
(a) in sub-section (1), for the words “seven per cent.”, the words
“five per cent.” shall be substituted;
(b) in sub-section (7), the words “and the decision of the Board thereon 10
shall be final” shall be omitted.
Amendment of 34. In section 73 of the principal Act, in sub-section (3), the words “and the
section 73. decision of the Tribunal on such appeal shall be final” shall be omitted.
Amendment of 35. In section 83 of the principal Act,—
section 83.
(a) in sub-section (1), the following proviso shall be inserted, 15
namely:—
“Provided that any other Tribunal may, by notification, be
declared as the Tribunal for the purposes of this Act.”;
(b) in sub-section (2), the following proviso shall be inserted,
20
namely:—
“Provided that if there is no Tribunal or the Tribunal is not
functioning, any aggrieved person may appeal to the High Court
directly.”;
(c) for sub-section (4), the following shall be substituted, namely:—
“(4) Every Tribunal shall consist of two members— 25

(a) one person, who is or has been a District Judge, who

shall be the Chairman; and
(b) one person, who is or has been an officer equivalent in
the rank of Joint Secretary to the State Government—member:
Provided that in case of absence of a member, Chairman of the 30
bench may exercise the jurisdiction, powers and authority of the
Tribunal:
Provided further that a Tribunal established under this Act, prior
to the commencement of the Waqf (Amendment) Act, 2024, shall
continue to function as such until the expiry of the term of office of 35
the Chairman and the members thereof under this Act.”;
(d) in sub-section (4A), the following proviso shall be inserted,
namely:—
“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 40
sixty-five years, whichever is earlier.”;
(e) in sub-section (7), the words “final and” shall be omitted;
(f) for sub-section (9), the following sub-section shall be substituted,
namely:—
“(9) Any person aggrieved by the order of the Tribunal, may 45
appeal to the High Court within a period of ninety days from the date
of receipt of the order of the Tribunal.”.
 13

36. In section 84 of the principal Act,— Amendment of

section 84.
(a) after the words “decision in writing”, the words “within six months
from the date of application” shall be inserted;
(b) the following proviso shall be inserted, namely:—
5 “Provided that if the matter is not decided within six months, the
Tribunal may decide the matter within a further period of six months
for the reasons to be recorded in writing as to why the matter was not
decided within the said period of six months.”.
37. In section 91 of the principal Act,— Amendment of
section 91.
10 (a) in sub-section (1),—
1 of 1894. (i) for the words and figures “the Land Acquisition Act, 1894”,
the words and figures “the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement
30 of 2013. Act, 2013” shall be substituted;
15 (ii) for the words “three months”, the words “one month” shall
be substituted;
(b) in sub-section (3), for the words and figures “under section 31 or
1 of 1894. section 32 of the Land Acquisition Act, 1894”, the words and figures “under
section 77 or section 78 of the Right to Fair Compensation and Transparency
30 of 2013. 20 in Land Acquisition, Rehabilitation and Resettlement Act, 2013” shall be
substituted;
(c) in sub-section (4),—
(i) for the words and figures “under section 31 or section 32 of
1 of 1894. the Land Acquisition Act, 1894”, the words and figures “under section
25 77 or section 78 of the Right to Fair Compensation and Transparency
30 of 2013. in Land Acquisition, Rehabilitation and Resettlement Act, 2013” shall
be substituted;
(ii) for the words “shall be declared void if the Board”, the words
“shall be kept in abeyance relating to portion of the property claimed
30 by the Board, if the Board” shall be substituted;
(iii) the following proviso shall be inserted, namely:—
“Provided that the Collector after hearing the parties
concerned shall make the order within one month of the
application of the Board.”.
35 38. In section 100 of the principal Act, for the words “Survey Amendment of
Commissioner”, the word “Collector” shall be substituted. section 100.

39. In section 101 of the principal Act, in the marginal heading and in Amendment of
section 101.
sub-section (1), for the words “Survey Commissioner” occurring at both the
places, the word “Collector” shall be substituted.
40 40. Section 104 of the principal Act shall be omitted. Omission of
section 104.

41. Sections 107, 108 and 108A of the principal Act shall be omitted. Omission of
sections 107,
108 and 108A.

42. After section 108A as so omitted of the principal Act, the following Insertion of new
section 108B.
section shall be inserted, namely:—
“108B. (1) The Central Government may, by notification in the Power of Central
Government to
45 Official Gazette, make rules to carry out the provisions of this Act. make rules.
 14

(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), 5
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 sub-section (2) of
section 3B;
(c) the manner in which details of waqf to be uploaded under 10
sub-section (2B) of section 5;
(d) any other particulars under clause (f) of sub-section (3) of
section 36;
(e) the manner in which the Board shall maintain the register of
auqaf under sub-section (1) of section 37; 15

(f) such other particulars to be contained in the register of auqaf

under clause (f) of sub-section (1) of section 37;
(g) form and manner and particulars of the statement of accounts
under sub-section (2) of section 46;
(h) the manner for publishing audit report under sub-section (2A) 20
of section 47;
(i) the manner of publication of proceedings and orders of Board
under sub-section (2A) of section 48;
(j) any other matter which is required to be, or may be, prescribed.
(3) Every rule made by the Central Government under this Act shall 25
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 30
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
35
done under that rule.”.
Amendment of
section 109. 43. In section 109 of the principal Act, in sub-section (2),—
(a) clause (ia) shall be omitted;
(b) clause (iv) shall be omitted;
(c) in clauses (via) and (vib), for the word and figures “section 31” at
both the places where they occur, the word and figures “section 29” shall be 40
substituted;
(d) after clause (xviii), the following clause shall be inserted, namely:—
Amendment of “(xviiia) the manner of giving notice inviting objections under
section 110. proviso to sub-section (4) of section 69;”.
44. In section 110 of the principal Act, in sub-section (2), clauses (f) and (g) 45
shall be omitted.
 15

STATEMENT OF OBJECTS AND REASONS

The Waqf Act, 1995, was enacted to provide for the better administration of
Auqaf and for matters connected therewith or incidental thereto. However, during
the course of implementation of the Act, it is felt that the Act has not proved
effective in improving the administration of auqaf.
2. Based on the recommendations of the High-Level Committee under the
chairmanship of Justice (Retired) Rajinder Sachar and the Report of the Joint
Parliamentary Committee on Waqf and Central Waqf Council and after having
detailed consultation with other stakeholders, comprehensive amendments were
made in the Act in the year 2013. Despite the amendments, it has been observed
that the Act still requires further improvement to effectively address issues related
to the powers of the State Waqf Boards, registration and survey of waqf properties,
removal of encroachments, including the definition of the “waqf” itself.
3. In view of the above, it has been felt necessary to amend the said Act with
the aim to overcome the shortcomings and to enhance the efficiency of the
administration and management of the waqf properties. Therefore, it is proposed
to introduce in Parliament a Bill which seeks to address these issues
comprehensively and achieve the intended objectives for effective management,
empowerment, and development of waqf properties. The Bill, inter alia, provides
for the followings, namely:—
(a) renaming of the Waqf Act, 1995 as the Unified Waqf
Management, Empowerment, Efficiency and Development Act, 1995;
(b) clearly define “waqf” as waqf by any person practicing Islam for
at least five years and having ownership of such property;
(c) ensuring that the creation of waqf-alal-aulad does not lead to the
denial of inheritance rights to women;
(d) omitting the provisions relating to the “waqf by user”;
(e) providing the functions of the Survey Commissioner to the
Collector or any other officer not below the rank of Deputy Collector duly
nominated by the Collector for the survey of waqf properties;
(f) providing for a broad based composition of the Central Waqf
Council and the State Waqf Boards and ensuring the representation of
Muslim women and non-Muslims;
(g) providing for establishment of separate Board of Auqaf for
Boharas and Aghakhanis;

(h) providing for representation of Shia, Sunni, Bohra, Agakhani and

other backward classes among Muslim communities;
(i) streamlining the manner of registration of waqfs through a central
portal and database;
(j) providing for a detailed procedure for mutation as per revenue
laws with due notice to all concerned before recording any property as waqf
property;

15
 16

(k) omitting section 40 relating to the powers of Board to decide if a

property is waqf property;
(l) decreasing the annual contribution from seven per cent. to five per
cent. payable to the Board by mutawalli of every waqf having the net
annual income of not less than five thousand rupees;
(m) providing for filing of accounts of waqf by mutawallis to the
Board through a central portal for better control over their activities;
(n) reforming the Tribunal structure with two members and providing
for appeals against the orders of the Tribunal to the High Court within a
specified period of ninety days;

(o) omission of section 107 so as to make the Limitation Act, 1963

applicable to any action under the Act; and omission of sections 108 and
108A relating to special provision as to evacuee waqf properties and Act to
have overriding effect.
4. The notes on clauses explain the various provisions of the Bill.
5. The Bill seeks to achieve the above objectives.

NEW DELHI; KIREN RIJIJU.

The 6th August, 2024.
 17

Notes on Clauses
Clause 1 of the Bill seeks to provide for short title and commencement of
the proposed legislation.
Clause 2 of the Bill seeks to amend section 1 relating to short title and
commencement so as to amend the short title of the Act from “the Waqf Act,
1995”, to “the Unified Waqf Management, Empowerment, Efficiency and
Development Act, 1995”.
Clause 3 of the Bill seeks to amend section 3 relating to definition so as to
amend and substitute some definitions and provide new definitions in section 3,
such as Aghakhani waqf, Bohra waqf, Collector, Government Organisation,
Government property, etc.
Clause 4 of the Bill seeks to insert new sections 3A, 3B and 3C relating to
certain conditions of waqf, filing of details of waqf on portal and database; and
wrongful declaration of waqf. It provides for certain conditions of waqf, filing of
details of waqf on portal and database and prevention of wrongful declaration of
waqf.
Clause 5 of the Bill seeks to substitute section 4 relating to preliminary
survey of waqf to replace the Collector in place of the Survey Officers, so as to
confer powers upon the Collector to make the survey in accordance with the
procedure in revenue laws of the State.
Clause 6 of the Bill seeks to amend section 5 relating to publication of list
of auqaf so as to insert new sub-sections (2A) and (2B) to provide uploading of
the notified list of auqaf on the portal and database within fifteen days. It further
substitutes sub-section (3) which provides for making public notice of ninety days
before deciding mutation of land records.
Clause 7 of the Bill seeks to amend section 6 relating to disputes regarding
auqaf so as to insert the words “Aghakhani waqf or Bohra waqf” after the words
“Sunni waqf”; and to omit that the expression “and the decision of the Tribunal in
respect of such matter shall be final”.
Clause 8 of the Bill seeks to amend section 7 relating to power of Tribunal
to determine disputes regarding auqaf so as to include therein Aghakhani waqf or
Bohra waqf; and to omit that the expression “and the decision of the Tribunal in
respect of such matter shall be final”.
Clause 9 of the Bill seeks to amend section 9 relating to establishment and
constitution of Central Waqf Council so as to provide the composition
broad-based by making provision for including two members from non-Muslim
community.
Clause 10 of the Bill seeks to amend section 13 relating to incorporation so
as to provide the establishment of a separate Board of Auqaf for Bohras and
Aghakhanis if deemed necessary.
Clause 11 of the Bill seeks to amend section 14 relating to composition of
Board so as to make the composition of the State Waqf Board broad-based inter
alia making provisions for two members from non-Muslim community.

17
 18

Clause 12 of the Bill seeks to amend section 16 relating to disqualification

for being appointed, or for continuing as, member of the Board so as to include
the conviction of two years imprisonment and more for any offence as a ground
for disqualification.
Clause 13 of the Bill seeks to amend section 17 relating to meeting of Board
so as to provide that the meeting of the Board to be held at least once in every
month.
Clause 14 of the Bill seeks to omit section 20A relating to removal of
Chairperson by vote of no confidence.
Clause 15 of the Bill seeks to amend section 23 relating to appointment of Chief
Executive Officer and his term of office and other conditions of service so as to
provide the Chief Executive Officer is to be not below the rank of Joint Secretary to
the State Government and omit the requirement of him being a Muslim.
Clause 16 of the Bill seeks to amend section 32 relating to powers and
function of the Board to omit Explanation and proviso to clause (e) in
sub-section (2) to provide for giving of opportunity of being heard to the party
affected; and to omit in sub-section (3) the expression “and the decision of the
Tribunal in respect of such matter shall be final”.
Clause 17 of the Bill seeks to amend section 33 relating to powers of
inspection by Chief Executive Officer or person authorised by him so as to omit
in the words in the proviso in sub-section (4) of section 33 related to “and the
Tribunal shall have no power to make any order staying pending the disposal of
the appeal, the operation of the order made by the Chief Executive Officer under
sub-section (3)”; and to omit sub-section (6).
Clause 18 of the Bill seeks to amend section 36 relating to registration to
provide that after the commencement of the proposed legislation, no waqf shall
be created without execution of a waqf deed.
Clause 19 of the Bill seeks to amend section 37 relating to register of auqaf
providing for the maintenance of register of auqaf by the Board in the prescribed
manner.
Clause 20 of the Bill seeks to omit section 40 related to “Decision if a
property is waqf property”.
Clause 21 of the Bill seeks to amend section 46 relating to submission of
account of auqaf.
Clause 22 of the Bill seeks to amend section 47 relating to audit of account
of auqaf so as to substitute the expression “one lakh rupees” in place of “fifty
thousand rupees”.
Clause 23 of the Bill seeks to amend section 48 relating to Board to pass
orders on auditors report to provide that the proceedings and orders of the Board
shall be published in such manner as may be prescribed by the Central
Government.
Clause 24 of the Bill seeks to insert new section 50A relating to
“Disqualification of Mutawalli”.
Clause 25 of the Bill seeks to amend section 52 relating to recovery of waqf
property transferred in contravention of section 51 so as to omit the words in
sub-section (4) related to decision of Tribunal on such appeal shall be final.
Clause 26 of the Bill seeks to amend section 52A relating to penalty for
alienation of waqf property without sanction of Board provide for imprisonment
instead of rigorous imprisonment; and to omit sub-sections (2) and (4) related to
offence being cognizable and non-bailable .
 19

Clause 27 of the Bill seeks to amend section 55A relating to disposal of

property left on waqf property by unauthorised occupants.
Clause 28 of the Bill seeks to amend section 61 related to penalties
inter alia to provide penalty to be twenty thousand rupees which may extend to
one lakh rupees for certain failure by the mutawallis.
Clause 29 of the Bill seeks to amend section 64 relating to removal of
Mutawalli as so to provide that if without reasonable cause fails to maintain
regular accounts for one year instead of two years or fail to submit within one year
instead of in consecutive two years; and to provide further that the Mutawalli shall
be removed if is a member of any association which has been declared unlawful
under the Unlawful Activities (Prevention) Act, 1967; and also to omit the words
that the decision of the Tribunal on such appeal shall be final.
Clause 30 of the Bill seeks to amend section 65 relating to assumption of
direct management of certain auqaf by the Board for submitting report by the
Board within a period of six months.
Clause 31 of the Bill seeks to amend section 67 relating to supervision and
supersession of committee of management to provide that aggrieved person may
within sixty days of the order of the Board appeal to the Tribunal; and to omit the
words relating of the finality of order made by the Tribunal.
Clause 32 of the Bill seeks to amend section 69 related to power of Board
to frame scheme for administration of waqf so as to omit sub-section (3) and insert
a proviso in sub-section (4) 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.
Clause 33 of the Bill seeks to section 72 relating to annual contribution payable
to Board replacing the contribution to five per cent. in place of seven per cent.
Clause 34 of the Bill seeks to amend section 73 related to power of Chief
Executive Officer to direct banks or other person to make payments and to omit
the expression “and the decision of the Tribunal on such appeal shall be final”.
Clause 35 of the Bill seeks to amend section 83 relating to constitution of
Tribunals, etc., so as to modify the composition of the Tribunal; and provide that
if there is no Tribunal or the Tribunal is not functioning, any aggrieved person
may appeal to the High Court directly; and to further provide that in absence of
one member, the Chairman of the bench may exercise the jurisdiction, powers and
authority of the Tribunal. It also provides that the Tribunals already existing prior
to the commencement of proposed legislation shall continue to function till the
expiry of the term of office. It also provides that the tenure of the Chairman and
member to be for five years from the date of appointment or until the age of
sixty-five years, whichever is earlier. It also provides the appeal to High Court
within ninety days from the date of order of Tribunal.
Clause 36 of the bill seeks to amend section 84 relating to Tribunal to hold
proceedings expeditiously and to furnish to the parties copies of its decision. It
provide that if the matter is not decided within six months, the Tribunal may
decide the matter within a further period of six months for the reasons to be
recorded in writing as to why the matter was not decided within the said period of
six months.
 20

Clause 37 of the Bill seeks to amend section 91 relating to proceedings under

Land Acquisition Act 1 of 1894 so as to substitute the reference of the Land
Acquisition Act with the reference of “the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013”;
and to substitute the period of “three months” with the period of “one month”.
Clause 38 of the Bill seeks to amend section 100 relating to protection of
action taken in good faith so as to include within its scope the Collector in place
of Survey Commissioner.
Clause 39 of the Bill seeks to amend section 101 relating to Survey
Commission, members and officers of the Board deemed to be public servant so
as to include within its scope the Collector in place of Survey Commissioner.
Clause 40 of the Bill seeks to omit section 104 related to application of Act
to properties given or donated by persons not professing Islam.
Clause 41 of the Bill seeks to omit sections 107, 108 and 108A relating to
Act 36 of 1963 not to apply for recovery of waqf properties; special provision as
to evacuee properties; Act to have overriding effect.
Clause 42 of the Bill seeks to insert new section 108B relating to power of
Central Government to make rules.
Clause 43 of the Bill seeks to amend section 109 relating to power to make
rules.
Clause 44 of the Bill seeks to amend section 110 relating to powers to make
regulations by the Board.
 21

FINANCIAL MEMORANDUM
The Bill, if enacted, would not involve any financial expenditure either
recurring or non-recurring from the Consolidated Fund of India.

21
 22

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 41 of the Bill seeks to insert a new section 108A which confers
power upon the Central Government to make rules. The matters on which rules
may be made, inter alia, relate to—(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 sub-section (2) of section 3B; (c) the manner in which details
of waqf to be uploaded under sub-section (2A) of section 5; (d) any other
particulars under clause (f) of sub-section (3) of section 36; (e) the manner in
which the Board shall maintain the register of auqaf under sub-section (1) of
section 37; (f) such other particulars to be contained in the register of auqaf under
clause (f) of sub-section (1) of section 37; (g) form and manner and particulars of
the statement of accounts under sub-section (2) of section 46; (h) the manner for
publishing audit report under sub-section (2A) of section 47; (i) the manner of
publication of proceedings and orders of Board under sub-section (2A) of section
48; and (j) any other matter which is required to be, or may be, prescribed.
2. The rules made by the Central Government under section 108A of the
Act, shall be laid as soon as they are made, before each House of Parliament.
3. The matters in respect of which rules may be made are matters of
procedure or administrative details and it is not practicable to provide for them in
the Bill itself. The delegation of legislative power is, therefore, of a normal
character.

22
 23

ANNEXURE
EXTRACTS FROM THE WAQF ACT, 1995
(43 OF 1995)
* * * * *
CHAPTER I
PRELIMINARY
1. (1) This Act may be called the Waqf Act, 1995. Short title,
extent and
* * * * * commencement.
3. In this Act, unless the context otherwise requires,— Definitions.

* * * * *
(i) “mutawalli” means any person appointed, either verbally or under
any deed or instrument by which a waqf has been created, or by a competent
authority, to be the mutawalli of a waqf and includes any person who is a
mutawalli of a waqf by virtue of any custom or who is a naib-mutawalli,
khandim, mujawar, sajjadanashin, amin or other person appointed by a
mutawalli to perform the duties of a mutawalli and save as otherwise
provided in this Act, any person, committee or corporation for the time
being, managing or administering any waqf or waqf property:
Provided that no member of a committee or corporation shall be
deemed to be a mutawalli unless such member is an office-bearer of such
committee or corporation:
Provided further that the mutawalli shall be a citizen of India and shall
fulfil such other qualifications as may be prescribed:
Provided also that in case a waqf has specified any qualifications, such
qualifications may be provided in the rules as may be made by the State
Government;
* * * * *
(l) “prescribed”, except in Chapter III, means prescribed by rules made
by the State Governments;
* * * * *
(p) “Survey Commissioner” means the Survey Commissioner of Waqf
appointed under sub-section (1) of section 4 and includes any Additional or
Assistant Survey Commissioners of Auqaf under sub-section (2) of section 4;
* * * * *
(r) “waqf” means the permanent dedication by any person, of any
movable or immovable property for any purpose recognised by the Muslim
law as pious, religious or charitable and includes—
(i) a waqf by user but such waqf shall not cease to be a waqf by
reason only of the user having ceased irrespective of the period of such
cesser;
* * * * *
(iv) a waqf-alal-aulad to the extent to which the property is
dedicated for any purpose recognised by Muslim law as pious,
religious or charitable, provided when the line of succession fails, the
income of the waqf shall be spent for education, development, welfare
and such other purposes as recognised by Muslim law,
and “waqif” means any person making such dedication;
* * * * *

23
 24

CHAPTER II
SURVEY OF AUQAF
Preliminary 4. (1) The State Government may, by notification in the Official Gazette,
survey of auqaf. appoint for the State a Survey Commissioner of Auqaf and as many Additional or
Assistant Survey Commissioners of Auqaf as may be necessary for the purpose
of making a survey of auqaf in the State.
(1A) Every State Government shall maintain a list of auqaf referred to in
sub-section (1) and the survey of auqaf shall be completed within a period of one
year from the date of commencement of the Wakf (Amendment) Act, 2013, in 27 of 2013.
case such survey was not done before the commencement of the Wakf
(Amendment) Act, 2013:
Provided that where no Survey Commissioner of Waqf has been appointed,
a Survey Commissioner for auqaf shall be appointed within three months from
the date of such commencement.
(2) All Additional and Assistant Survey Commissioner of Auqaf shall
perform their functions under this Act under the general supervision and control
of the Survey Commissioner of Auqaf.
(3) The Survey Commissioner shall, after making such inquiry as he may
consider necessary, submit his report, in respect of auqaf existing at the date of
the commencement of this Act in the State or any part thereof, to the State
Government containing the following particulars, namely:—
(a) the number of auqaf in the State showing the Shia auqaf and Sunni
auqaf separately;
(b) the nature and objects of each waqf;
(c) the gross income of the property comprised in each waqf;
(d) the amount of land revenue, cesses, rates and taxes payable in
respect of each waqf;
(e) the expenses incurred in the realisation of the income and the pay
or other remuneration of the mutawalli of each waqf; and
(f) such other particulars relating to each waqf as may be prescribed.
(4) The Survey Commissioner shall, while making any inquiry, have the
same powers as are vested in a civil court under the Code of Civil Procedure, 1908 5 of 1908.
in respect of the following matters, namely:—
(a) summoning and examining any witness;
(b) requiring the discovery and production of any document;
(c) requisitioning any public record from any court or office;
(d) issuing commissions for the examination of any witness or
accounts;
(e) making any local inspection or local investigation;
(f) such other matters as may be prescribed.
(5) If, during any such inquiry, any dispute arises as to whether a particular
waqf is a Shia waqf or Sunni waqf and there are clear indications in the deed of
waqf as to its nature, the dispute shall be decided on the basis of such deed.
(6) The State Government may, by notification in the Official Gazette, direct
the Survey Commissioner to make a second or subsequent survey of waqf
properties in the State and the provisions of sub-sections (2), (3), (4) and (5) shall
apply to such survey as they apply to a survey directed under sub-section (1):
 25

Provided that no such second or subsequent survey shall be made until the
expiry of a period of ten years from the date on which the report in relation to the
immediately previous survey was submitted under sub-section (3):
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. (1) On receipt of a report under sub-section (3) of section 4, the State Publication of
list of auqaf.
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 forward it back to the Government within a period of six months for
publication in the Official Gazette a list of Sunni auqaf or Shia 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.
(3) The revenue authorities shall—
(i) include the list of auqaf referred to in sub-section (2), while
updating the land records; and
(ii) take into consideration the list of auqaf referred to in sub-section (2),
while deciding mutation in the land records.
(4) The State Government shall maintain a record of the lists published
under sub-section (2) from time to time.
6. (1) If any question arises whether a particular property specified as waqf Disputes
regarding auqaf.
property in the list of auqaf is waqf property or not or whether a waqf specified in
such list is a Shia waqf or Sunni waqf, the Board or the mutawalli of the waqf or
any person aggrieved may institute a suit in a Tribunal for the decision of the
question and the decision of the Tribunal in respect of such matter shall be final:
Provided that no such suit shall be entertained by the Tribunal after the
expiry of one year from the date of the publication of the list of auqaf:
Provided further that no suit shall be instituted before the Tribunal in respect
of such properties notified in a second or subsequent survey pursuant to the
provisions contained in sub-section (6) of section 4.
* * * * *
(3) The Survey Commissioner shall not be made a party to any suit under
sub-section (1) and no suit, prosecution or other legal proceeding shall lie against
him in respect of anything which is in good faith done or intended to be done in
pursuance of this Act or any rules made thereunder.
* * * * *
7. (1) If, after the commencement of this Act, any question or dispute arises, Power of
whether a particular property specified as waqf property in a list of auqaf is waqf Tribunal to
determine
property or not, or whether a waqf specified in such list is a Shia waqf or a Sunni disputes
waqf, the Board or the mutawalli of the waqf, or any person aggrieved by the regarding auqaf.
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
and the decision of the Tribunal thereon shall be final:
Provided that—
(a) in the case of the list of auqaf relating to any part of the State and
published after the commencement of this Act no such application shall be
entertained after the expiry of one year from the date of publication of the
list of auqaf; and
 26

(b) in the case of the list of auqaf relating to any part of the State and
published at any time within a period of one year immediately preceding the
commencement of this Act, such an application may be entertained by
Tribunal within the period of one year from such commencement:
Provided further that where any such question has been heard and finally
decided by a civil court in a suit instituted before such commencement, the
Tribunal shall not re-open such question.
* * * * *
CHAPTER III
CENTRAL WAQF COUNCIL
Establishment 9. (1) * * * * *
and constitution
of Central Waqf (2) The Council shall consist of—
Council.
(a) the Union Minister in charge of waqf—ex officio Chairperson;
(b) the following members to be appointed by the Central Government
from amongst Muslims, namely:—
(i) three persons to represent Muslim organisations having all
India character and national importance;
(ii) four persons of national eminence, one each from the fields
of administration or management, financial management, engineering
or architecture and medicine;
(iii) three Members of Parliament of whom two shall be from the
House of the People and one from the Council of States;
(iv) Chairpersons of three Boards by rotation;
(v) two persons who have been Judges of the Supreme Court or
a High Court;
(vi) one Advocate of national eminence;
(vii) one person to represent the mutawallis of the waqf having
a gross annual income of rupees five lakhs and above;
(viii) three persons who are eminent scholars in Muslim Law:
Provided that at least two of the members appointed under sub-clauses (i)
to (viii) shall be women.
* * * * *
CHAPTER IV
ESTABLISHMENT OF BOARDS AND THEIR FUNCTIONS
Incorporation. 13. (1) * * * * *
(2A) Where a Board of Waqf is established under sub-section (2) of
section 13, in the case of Shia waqf, the Members shall belong to the Shia Muslim
and in the case of Sunni waqf, the Members shall belong to the Sunni Muslim.
* * * * *
Composition of 14. (1) The Board for a State and the National Capital Territory of Delhi
Board. shall consist of—
(a) a Chairperson;
 27

(b) one and not more than two members, as the State Government may
think fit, to be elected from each of the electoral colleges consisting of—
(i) Muslim Members of Parliament from the State or, as the case
may be, the National Capital Territory of Delhi;
(ii) Muslim Members of the State Legislature;
(iii) Muslim members of the Bar Council of the concerned State
or Union territory:
Provided that in case there is no Muslim member of the Bar Council
of a State or a Union territory, the State Government or the Union territory
administration, as the case may be, may nominate any senior Muslim
advocate from that State or the Union territory, and
(iv) mutawallis of the auqaf having an annual income of rupees
one lakh and above.
Explanation I.—For the removal of doubts, it is hereby declared that
the members from categories mentioned in sub-clauses (i) to (iv), shall be
elected from the electoral college constituted for each category.
Explanation II.—For the removal of doubts it is hereby declared that
in case a Muslim member ceases to be a Member of Parliament from the
State or National Capital Territory of Delhi as referred to in sub-clause (i)
of clause (b) or ceases to be a Member of the State Legislative Assembly as
required under sub-clause (ii) of clause (b), such member shall be deemed
to have vacated the office of the member of the Board for the State or
National Capital Territory of Delhi, as the case may be, from the date from
which such member ceased to be a Member of Parliament from the State or
National Capital Territory of Delhi, or a Member of the State Legislative
Assembly, as the case may be;
(c) one person from amongst Muslims, who has professional experience
in town planning or business management, social work, finance or revenue,
agriculture and development activities, to be nominated by the State
Government;
(d) one person each from amongst Muslims, to be nominated by the
State Government from recognised scholars in Shia and Sunni Islamic
Theology;
(e) one person from amongst Muslims, to be nominated by the State
Government from amongst the officers of the State Government not below
the rank of Joint Secretary to the State Government;
(1A) No Minister of the Central Government or, as the case may be, a State
Government, shall be elected or nominated as a member of the Board:
Provided that in case of a Union territory, the Board shall consist of not less
than five and not more than seven members to be appointed by the Central
Government from categories specified under sub-clauses (i) to (iv) of clause (b)
or clauses (c) to (e) in sub-section (1):
Provided further that at least two Members appointed on the Board shall be
women:
Provided also that in every case where the system of mutawalli exists, there
shall be one mutawalli as the member of the Board.
(2) Election of the members specified in clause (b) of sub-section (1) shall
be held in accordance with the system of proportional representation by means of
a single transferable vote, in such manner as may be prescribed:
 28

Provided that where the number of Muslim Members of Parliament, the

State Legislature or the State Bar Council, as the case may be, is only one, such
Muslim Member shall be declared to have been elected on the Board:
Provided further that where there are no Muslim Members in any of the
categories mentioned in sub-clauses (i) to (iii) of clause (b) of sub-section (1), the
ex-Muslim Members of Parliament, the State Legislature or ex-member of the
State Bar Council, as the case may be, shall constitute the electoral college.
(3) Notwithstanding anything contained in this section, where the State
Government is satisfied, for reasons to be recorded in writing, that it is not
reasonably practicable to constitute an electoral college for any of the categories
mentioned in sub-clauses (i) to (iii) of clause (b) of sub-section (1), the State
Government may nominate such persons as the members of the Board as it deems
fit.
(4) The number of elected members of the Board shall, at all times, be more than
the nominated members of the Board except as provided under sub-section (3).
* * * * *
(6) In determining the number of Shia members or Sunni members of the
Board, the State Government shall have regard to the number and value of Shia
auqaf and Sunni 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.
* * * * *
(8) Whenever the Board is constituted or reconstituted, the members of the
Board present at a meeting convened for the purpose shall elect one from amongst
themselves as the Chairperson of the Board.
* * * * *
Disqualification
for being 16. A person shall be disqualified for being appointed, or for continuing as,
appointed, or for a member of the Board if—
continuing as, a
member of the * * * * *
Board.
(d) he has been convicted of an offence involving moral turpitude and
such conviction has not been reversed or he has not been granted full pardon
in respect of such offence;

Meetings of the
* * * * *
Board.
17. (1) The Board shall meet for the transaction of business at such time and
places as may be provided by regulations.

Removal of
* * * * *
Chairperson by
vote of no 20A. Without prejudice to the provisions of section 20, the Chairperson of
confidence. a Board may be removed by vote of no confidence in the following manner,
namely:—
(a) no resolution expressing a vote of confidence or no confidence in
any person elected as Chairperson of a Board shall be moved except in the
manner prescribed and twelve months have not elapsed after the date of his
election as a Chairperson and be removed except with the prior permission
of the State Government;
(b) notice for no confidence shall be addressed to the State Government
stating clearly the grounds on which such motion is proposed to be moved
and shall be signed by at least half the total members of the Board;
 29

(c) at least three members of the Board signing the notice of no

confidence shall personally present to the State Government, the notice
together with an affidavit signed by them to the effect that the signatures on
no confidence motion are genuine and have been made by the signatories
after hearing or reading the contents of the notice;
(d) on receipt of the notice of no confidence, as provided hereinabove,
the State Government shall fix such time, date and place as may be
considered suitable for holding a meeting for the purpose of the proposed
no confidence motion:
Provided that at least fifteen days notice shall be given for such a meeting;
(e) notice for meeting under clause (d) shall also provide that in the
event of no confidence motion being duly carried on or, election of the new
Chairperson, as the case may be, shall also be held in the same meeting;
(f) the State Government shall also nominate a Gazetted Officer (other
than an officer of the department which is concerned with the supervision
and administration of the Board) to act as presiding officer of the meeting
in which the resolution for no confidence shall be considered;
(g) the quorum for such a meeting of the Board shall be one-half of
the total number of members of the Board;
(h) the resolution for no confidence shall be deemed to be carried out,
if passed by a simple majority of the members present;
(i) if a resolution for no confidence is carried out, the Chairperson shall
cease to hold office forthwith and shall be succeeded by his successor who
shall be elected by another resolution in the same meeting;
(j) election of the new Chairperson shall be conducted under clause (i), in
the meeting under the chairmanship of the said presiding officer referred to
in clause (f), in the following manner, namely:—
(A) Chairperson shall be elected from amongst the elected
members of the Board;
(B) nomination of candidates shall be proposed and seconded in
the meeting itself and election after withdrawal, if any, shall be held
by method of secret ballot;
(C) election shall be held by simple majority of the members
present in the meeting and in case of equality of votes, the matter shall
be decided by drawing of lots; and
(D) proceedings of the meeting shall be signed by the presiding officer;
(k) new Chairperson elected under clause (h) shall hold the office only
up to the remainder of the term of the Chairperson removed by the resolution
of no confidence; and
(l) if the motion for passing the resolution of no confidence fails for
want of quorum or lack of requisite majority at the meeting, no subsequent
meeting for considering the motion of no confidence shall be held within six
months of the date of the previous meeting.
* * * * *
23. (1) There shall be a full-time Chief Executive Officer of the Board who Appointment of
shall be a Muslim and shall be appointed by the State Government, by notification Chief Executive
Officer and his
in the Official Gazette, from a panel of two names suggested by the Board and term of office
who shall not be below the rank of Deputy Secretary to the State Government, and other
and in case of non-availability of a Muslim officer of that rank, a Muslim officer conditions of
service.
of equivalent rank may be appointed on deputation.
* * * * *
 30

Powers and 32. (1) * * * * *

function of the
Board. (2) Without prejudice to the generality of the foregoing power, the functions
of the Board shall be—
* * * * *
(e) to direct—
(i) the utilisation of the surplus income of a waqf consistent with
the objects of waqf;
(ii) in what manner the income of a waqf, the objects of which
are not evident from any written instrument, shall be utilised;
(iii) in any case where any object of waqf has ceased to exist or
has become incapable of achievement, that so much of the income of
the waqf as was previously applied to that object shall be applied to
any other object, which shall be similar, or nearly similar or to the
original object or for the benefit of the poor or for the purpose of
promotion of knowledge and learning in the Muslim community:
Provided that no direction shall be given under this clause without
giving the parties affected, an opportunity of being heard.
Explanation.—For the purposes of this clause, the powers of the Board
shall be exercised—
(i) in the case of a Sunni waqf, by the Sunni members of the
Board only; and
(ii) in the case of a Shia waqf, by the Shia members of the Board
only:
Provided that where having regard to the number of the Sunni or Shia
members in the board and other circumstances, it appears to the Board that
the power should not be exercised by such members only, it may co-opt such
other Muslims being Sunnis or Shias, as the case may be, as it thinks fit, to
be temporary members of the Board for exercising its powers under this
clause;
* * * * *
(3) Where the Board has settled any scheme of management under clause (d)
or given any direction under clause (e) of sub-section (2), any person interested
in the waqf or affected by such settlement or direction may institute a suit in a
Tribunal for setting aside such settlement or directions and the decision of the
Tribunal thereon shall be final.
* * * * *
Powers of 33. (1) * * * * *
inspection by
Chief Executive (4) A mutawalli or other person aggrieved by such order may, within thirty
Officer or days of the receipt by him of the order, appeal to the Tribunal:
persons
authorised by Provided that no such appeal shall be entertained by the Tribunal unless the
him.
appellant first deposits with the Chief Executive Officer the amount which has been
determined under sub-section (3) as being payable by the appellant and the Tribunal
shall have no power to make any order staying pending the disposal of the appeal, the
operation of the order made by the Chief Executive Officer under sub-section (3).
* * * * *
(6) The order made by the Tribunal under sub-section (5) shall be final.
* * * * *
 31

CHAPTER V
REGISTRATION OF AUQAF
36. (1) * * * * * Registration.

(3) An application for registration shall be made in such form and manner
and at such place as the Board may by regulation provide and shall contain the
following particulars:—
* * * * *
(f) any other particulars provided by the Board by regulations.
(4) Every such application shall be accompanied by a copy of the waqf deed
or if no such deed has been executed or a copy thereof can not be obtained, shall
contain full particulars, as far as they are known to the applicant, of the origin,
nature and objects of the waqf.
* * * * *
(7) On receipt of an application for registration, the Board may, before the
registration of the waqf make such inquiries as it thinks fit in respect of the
genuineness and validity of the application and correctness of any particulars
therein and when the application is made by any person other than the person
administering the waqf property, the Board shall, before registering the waqf, give
notice of the application to the person administering the waqf property and shall
hear him if he desires to be heard.
(8) In the case of auqaf created before the commencement of this Act, every
application for registration shall be made, within three months from such
commencement and in the case of auqaf created after such commencement, within
three months from the date of the creation of the waqf:
Provided that where there is no Board at the time of creation of a waqf, such
application will be made within three months from the date of establishment of
the Board.
37. (1) The Board shall maintain a register of auqaf which shall contain in Register of
respect of each waqf copies of the waqf deeds, when available and the following auqaf.
particulars, namely:—
* * * * *
(f) such other particulars as may be provided by regulations.
* * * * *
(3) On receipt of the details as mentioned in sub-section (2), the land record
office shall, according to established procedure, either make necessary entries in
the land record or communicate, within a period of six months from the date of
registration of waqf property under section 36, its objections to the Board.
* * * * *
40 (1) The Board may itself collect information regarding any property Decision if a
property is waqf
which it has reason to believe to be waqf property and if any question arises property.
whether a particular property is waqf property or not or whether a waqf is a Sunni
waqf or a Shia waqf it may, after making such inquiry as it may deem fit, decide
the question.
(2) The decision of the Board on a question under sub-section (1) shall,
unless revoked or modified by the Tribunal, be final.
 32

(3) Where the Board has any reason to believe that any property of any trust
or society registered in pursuance of the Indian Trusts Act, 1882 or under the 2 of 1882.
Societies Registration Act, 1860 or under any other Act, is waqt property, the 21 of 1860.
Board may notwithstanding anything contained in such Act, hold an inquiry in
regard to such property and if after such inquiry the Board is satisfied that such
property is waqt property, call upon the trust or society, as the case may be, either
to register such property under this Act as waqt property or show cause why such
property should not be so registered:
Provided that in all such cases, notice of the action proposed to be taken
under this sub-section shall be given to the authority by whom the trust or society
had been registered.
(4) The Board shall, after duly considering such cause as may be shown in
pursuance of notice issued under sub-section (3), pass such orders as it may think
fit and the order so made by the Board, shall be final, unless it is revoked or
modified by a Tribunal.
Submission of 46. (1) * * * * *
accounts of
auqaf. (2) Before the 1st day of July next, following the date on which the
application referred to in section 36 has been made and thereafter before the
1st day of July in every year, every mutawalli of a waqf shall prepare and furnish
to the Board a full and true statement of accounts, in such form and containing
such particulars as may be provided by regulations by the Board, of all moneys
received or expended by the mutawalli on behalf of the 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 waqf:
Provided that the date on which the annual accounts are to be closed may be
varied at the discretion of the Board.
Audit of 47. (1) The accounts of auqaf submitted to the Board under section 46 shall
accounts of be audited and examined in the following manner, namely:—
auqaf.
(a) in the case of a waqf having no income or a net annual income not
exceeding fifty thousand 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 auqaf shall be audited annually by an
auditor appointed by the Board;
(b) the accounts of the waqf having net annual income exceeding fifty
thousand rupees shall be audited annually, or at such other intervals as may
be prescribed, by an auditor appointed by the Board from out of the panel
of auditors prepared by the State Government and while drawing up such
panel of auditors, the State Government shall specify the scale of remuneration
of auditors;
(c) the State Government may, under intimation to the Board, at any
time cause the account of any waqf audited by the State Examiner of Local
Funds or by any other officer designated for that purpose by that State
Government.
* * * * *
(3) The cost of the audit of the accounts of a waqf shall be met from the
funds of that waqf:
Provided that the remuneration of the auditors appointed from out of the
panel drawn by the State Government in relation to auqaf having a net annual
income of more than fifty thousand rupees shall be paid in accordance with the
scale of remuneration specified by the State Government under clause (c) of
sub-section (1):
 33

Provided further that where the audit of the accounts of any waqf is made
by the State Examiner of Local Funds or any other officer designated by the State
Government in this behalf, the cost of such audit shall not exceed one and a half
per cent. of the net annual income of such waqf and such costs shall be met from
the funds of the auqaf concerned.
48. (1) * * * * * Board to pass
orders on
(3) No application made under sub-section (2) shall be entertained by the auditor’s report.
Tribunal unless the amount certified by the auditor under sub-section (2) of section 47
has first been deposited in the Tribunal and the Tribunal shall not have any power to
stay the operation of the order made by the Board under sub-section (1).
(4) The order made by the Tribunal under sub-section (2) shall be final.
* * * * *
52. (1) * * * * * Recovery of
waqf property
(4) Any person aggrieved by the order of the Collector under sub-section (2) transferred in
may, within a period of thirty days from the date of the service of the order, prefer contravention of
section 51.
an appeal to the Tribunal within whose jurisdiction the property is situate and the
decision of the Tribunal on such appeal shall be final.
[
* * * * *
52A. (1) Whoever alienates or purchases or takes possession of, in any Penalty for
manner whatsoever, either permanently or temporarily, any movable or alienation of
waqf property
immovable property being a waqf property, without prior sanction of the Board, without sanction
shall be punishable with rigorous imprisonment for a term which may extend to of Board.
two years:
Provided that the waqf property so alienated shall without prejudice to the
provisions of any law for the time being in force, be vested in the Board without
any compensation therefor.
(2) Notwithstanding anything contained in the Code of Criminal
2 of 1974. Procedure, 1973 any offence punishable under this section shall be cognizable and
non-bailable.
* * * * *
(4) No court inferior to that of a Metropolitan Magistrate or a Judicial
Magistrate of the first class shall try any offence punishable under this section.
* * * * *
55A. (1) * * * * * Disposal of
property left on
(2) Where any property is sold under sub-section (1), the sale proceeds shall, waqf property
after deducting the expenses relating to removal, sale and such other expenses, by unauthorised
occupants.
the amount, if any, due to the State Government or a local authority or a corporate
authority on account of arrears of rent, damages or costs, be paid to such person,
as may appear to the Chief Executive Officer to be entitled to the same:
Provided that where the Chief Executive Officer is unable to decide as to
the person to whom the balance of the amount is payable or as to the appointment
of the same, he may refer such dispute to the Tribunal and the decision of the
Tribunal thereon shall be final.
* * * * *
61. (1) If a mutawalli fails to— Penalties.

* * * * *
(e) deliver possession of any waqf property, if ordered by the Board or
Tribunal;
(f) carry out the directions of the Board;
* * * * *
 34

he shall, unless he satisfies the court or the Tribunal that there was reasonable
cause for his failure, be punishable with fine which may extend to ten thousand
rupees for non-compliance of clauses (a) to (d) and in case of non-compliance of
clauses (e) to (h), he shall be punishable with imprisonment for a term which may
extend to six months and also with fine which may extend to ten thousand rupees.
* * * * *
Removal of 64. (1) Notwithstanding anything contained in any other law or the deed of
mutawalli. wakf, the Board may remove a mutawalli from his office if such mutawalli—
* * * * *
(g) has failed, without reasonable excuse, to maintain regular accounts
for two consecutive years or has failed to submit, in two consecutive years,
the yearly statement of accounts, as required by sub-section (2) of
section 46; or
* * * * *
(4) A mutawalli who is aggrieved by an order passed under any of the
clauses (c) to (i) of sub-section (1), may, within one month from the date of the
receipt by him of the order, appeal against the order to the Tribunal and the
decision of the Tribunal on such appeal shall be final.
* * * * *
Assumption of 65. (1) * * * * *
direct
management of (3) As soon as possible after the close of every financial year, the Board
certain auqaf by shall send to the State Government a detailed report in regard to every waqf under
the Board. its direct management, giving therein—
(a) the details of the income of the waqf for the year immediately
preceding the year under report;
(b) the steps taken to improve the management and income of the waqf;
(c) the period during which the waqf has been under the direct
management of the Board and explaining the reasons as to why it has not
been possible to entrust the management of the waqf to the mutawalli or any
committee of management during the year; and
(d) such other matters as may be prescribed.
* * * * *
Supervision and 67. (1) * * * * *
supersession of
committee of (4) Any order made by the Board under sub-section (2) shall be final:
Management.
Provided that any person aggrieved by the order made under sub-section (2)
may, within sixty days from the date of the order, appeal to the Tribunal:
Provided further that the Tribunal shall have no power to suspend the
operation of the order made by the Board pending such appeal.
* * * * *
(6) Notwithstanding anything contained in the foregoing sub-sections, the
Board may, instead of superseding any committee under sub-section (2), remove
any member thereof if it is satisfied that such member has abused his position as
such member or had knowingly acted in a manner prejudicial to the interests of
the waqf, and every such order for the removal of any member shall be served
upon him by registered post:
Provided that no order for the removal of the member shall be made unless he has
been given a reasonable opportunity of showing cause against the proposed action:
Provided further that any member aggrieved by any order for his removal
from the membership of the committee may, within a period of thirty days from
the date of service of the order on him, prefer an appeal against such order to the
 35

Tribunal and Tribunal may, after giving a reasonable opportunity to the appellant
and the Board of being heard, confirm, modify or reverse the order made by the
Board and the order made by the Tribunal in such appeal shall be final.
* * * * *
69. (1) * * * * * Power of Board
to frame scheme
(3) Every order made under sub-section (2) shall be published in the for
prescribed manner, and, on such publication shall be final and binding on the administration
of waqf.
mutawalli, and all persons interested in the waqf:
Provided that any person aggrieved by an order made under this section
may, within sixty days from the date of the order, prefer an appeal to the Tribunal
and after hearing such appeal, the Tribunal may confirm, reverse or modify the
order:
Provided further that the Tribunal shall have no power to stay the operation
of the order made under this section.
(4) The Board may, at any time by an order, whether made before or after
the scheme has come into force, cancel or modify the scheme.
* * * * *
CHAPTER VII
FINANCE OF THE BOARD
72. (1) The mutawalli of every waqf, the net annual income of which is not Annual
contribution
less than five thousand rupees, shall pay annually, out of the net annual income payable to
derived by the waqf, such contributions, not exceeding seven per cent. of such Board.
annual income, as may be prescribed, to the Board for the services rendered by
such Board to the waqf.
Explanation I.—For the purposes of this Act, “net annual income” shall
mean the gross income of the waqf from all sources, including nazars and
offerings which do not amount to contributions to the corpus of the auqaf, in a
year after deducting therefrom the following, namely:—
(i) the land revenue paid by it to the Government;
(ii) the rates, cesses, taxes and licence fees, paid by it to the
Government or any local authority;
(iii) expenditure incurred for all or any of the following purposes, in
respect of lands directly under cultivation by the mutawalli for the benefit
of the waqf, namely:—
(a) maintenance of, or repairs to, irrigation works, which shall
not include the capital cost of irrigation;
(b) seeds or seedlings;
(c) manure;
(d) purchase and maintenance of agricultural implements;
(e) purchase and maintenance of cattle for cultivation;
(f) wages for ploughing, watering, sowing, transplanting,
harvesting, threshing and other agricultural operations:
Provided that the total deduction in respect of an expenditure incurred
under this clause shall not exceed twenty per cent. of the income derived
from lands belonging to the waqf:
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;
 36

(iv) expenditure on sundry repairs to rented buildings, not exceeding

five per cent. of the annual rent derived therefrom, or the actual expenditure,
whichever is less;
(v) sale proceeds of immovable properties or rights relating to, or
arising out of immovable properties, if such proceeds are reinvested to earn
income for the waqf:
Provided that the following items of receipts shall not be deemed to
be income for the purposes of this section, namely:—
(a) advances and deposits recovered and loans taken or
recovered;
(b) deposits made as security by employees, lessees or
contractors and other deposits, if any;
(c) withdrawals from banks or of investments;
(d) amounts recovered towards costs awarded by courts;
(e) sale proceeds of religious books and publications where such
sales are undertaken as an un-remunerative enterprise with a view to
propagating religion;
(f) donations in cash or kind or offerings made by the donors as
contribution to the corpus of the waqf:
Provided that interest on income, if any, accruing from such
donations or offerings shall be taken into account in calculating the
gross annual income;
(g) voluntary contributions received in cash or kind for a specific
service to be performed by the waqf and expended on such service;
(h) audit recoveries;
Explanation II.—In determining the net annual income for the purposes of
this section, only the net profit derived by any waqf from its remunerative
undertakings, if any, shall be taken as income, and in respect of its non-
remunerative undertakings, such as, schools, colleges, hospitals, poor homes,
orphanages or any other similar institutions, the grants given by the Government
or any local authority or donations received from the public or fees collected from
the pupils of educational institutions shall not be taken as income.
* * * * *
(7) Any mutawalli who is aggrieved by the assessment or revision made by
the Chief Executive Officer, under sub-section (6), may prefer an appeal to the
Board within thirty days from the date of the receipt of the assessment or revision
of return and the Board may, after giving the appellant a reasonable opportunity
of being heard, confirm, reverse or modify the assessment or revision or the return
and the decision of the Board thereon shall be final.
* * * * *
Power of Chief 73. (1) * * * * *
Executive
Officer to direct (3) Any bank or other person who is ordered under sub-section (1) to make any
banks or other payment may, within thirty days from the date of the order, prefer an appeal against such
person to make
payments.
order to the Tribunal and the decision of the Tribunal on such appeal shall be final.
* * * * *
CHAPTER VIII
JUDICIAL PROCEEDINGS
Constitution of 83. (1) The State Government shall, by notification in the Official Gazette,
Tribunals, etc.
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
 37

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.
(2) Any mutawalli or person interested in a 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 prescribed, to the Tribunal for the
determination of any dispute, question or other matter relating to the waqf.
* * * * *
(4) Every Tribunal shall consist of—
(a) one person, who shall be a member of the State Judicial Service
holding a rank, not below that of a District, Sessions or Civil Judge, Class I,
who shall be the Chairman;
(b) one person, who shall be an officer from the State Civil Services
equivalent in rank to that of the Additional District Magistrate, Member;
(c) one person having knowledge of Muslim law and jurisprudence,
Member;
and the appointment of every such person shall be made either by name or by
designation.
(4A) 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 shall be such as may be prescribed.
* * * * *
(7) The decision of the Tribunal shall be final and binding upon the parties
to the application and it shall have the force of a decree made by a civil court.
* * * * *
(9) No appeal shall lie against any decision or order whether interim or
otherwise, given or made by the Tribunal:
Provided that a High Court may, on its own motion or on the application of
the Board or any person aggrieved, call for and examine the records relating to
any dispute, question or other matter which has been determined by the Tribunal
for the purpose of satisfying itself as to the correctness, legality or propriety of
such determination and may confirm, reverse or modify such determination or
pass such other order as it may think fit.
84. Whenever an application is made to a Tribunal for the determination of Tribunal to hold
proceedings
any dispute, question or other matter relating to a waqf or waqf property it shall expeditiously
hold its proceedings as expeditiously as possible and shall as soon as practicable, and to furnish to
on the conclusion of the hearing of such matter give its decision in writing and the parties
copies of its
furnish a copy of such decision to each of the parties to the dispute. decision.
* * * * *
91. (1) If, in the course of proceedings under the Land Acquisition Act, 1894 Proceedings
under Act 1 of
or under any law for the time being in force relating to the acquisition of land or 1894.
other property, and before an award is made, in case the property under acquisition
is 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 an award of the compensation or other amount payable for acquisition of
 38

land or other property thereunder, as a reference to the authority under such other
law competent to make such award.
* * * * *
(3) When the Board has appeared under the provisions of sub-section (1) or
sub-section (2), no order shall be passed under section 31 or section 32 of the
Land Acquisition Act, 1894 or under the corresponding provisions of the other 1 of 1894.
law referred to in sub-section (1) without giving an opportunity to the Board to be
heard.
(4) Any order passed under section 31 or section 32 of the Land Acquisition
Act, 1894 or under the corresponding provisions of the other law referred to in 1 of 1894.
sub-section (1) without giving an opportunity to the Board to be heard, shall be
declared void if the Board, within one month of its coming to know of the order,
applies in this behalf to the authority which made the order.
* * * * *
Protection of 100. No suit or other legal proceeding shall lie against the board or Chief
action taken in Executive Officer or Survey Commissioner or any other person duly appointed
good faith.
under this Act in respect of anything which is in good faith done or intended to be
done under this Act.
Survey 101. (1) The Survey Commissioner, members of the Board, every officer,
Commissioner,
members and
every auditor of the Board and every other person duly appointed to discharge any
officers of the duties imposed on him by this Act or any rule or order made thereunder, shall be
Board, deemed deemed to be public servants within the meaning of section 21 of the Indian Penal
to be public 45 of 1860.
servants.
Code.
* * * * *
Application of 104. Notwithstanding anything contained in this Act where any movable or
Act to properties immovable property has been given or donated by any person not professing Islam
given or donated
by persons not for the support of a waqf being—
professing Islam
for support of (a) a mosque, idgah, imambara, dargah, khangah or a maqbara;
certain waqf.
(b) a Muslim graveyard;
(c) a choultry or a musafarkhana,
then such property shall be deemed to be comprised in that waqf and be dealt in
the same manner as the waqf in which it is so comprised.
* * * * *
Act 36 of 1963 107. Nothing contained in the Limitation Act, 1963 shall apply to any suit
not to apply for for possession of immovable property comprised in any waqf or for possession of
recovery of
waqf properties. any interest in such property.
Special 108. The provisions of this Act shall apply, and shall be deemed always to
provision as to have applied, in relation to any evacuee property within the meaning of clause (f)
evacuee waqf
properties. of section 2 of the Administration of Evacuee Property Act, 1950 which 31 of 1950.
immediately before it became such evacuee property within the said meaning was
property comprised in any waqf and, in particular any entrustment (whether by
transfer of any documents or in any other manner and whether generally or for
specified purpose) of any such property to a Board made before the
commencement of this Act in pursuance of the instructions of the Custodian under
the Administration of Evacuee Property Act, 1950 shall have, and shall be deemed
always to have had, notwithstanding anything contained in any other provision of
this Act, effect as if such entrustment had operated to—
(a) vest such property in such Board in the same manner and with the
same effect as in a trustee of such property for the purposes of sub-section (1) of
section 11 of the Administration of Evacuee of Property Act, 1950, with 31 of 1950.
effect from the date of such entrustment, and
 39

(b) authorise such Board to assume direct management of the waqf

concerned for so long as it might deem necessary.
108A. The provisions of this Act shall have overriding effect Act to have
overriding
notwithstanding anything inconsistent therewith contained in any other law for effect.
the time being in force or in any instrument having effect by virtue of any law
other than this Act.
109. (1) * * * * * Power to make
rules.
(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:—
* * * * *
(ia) other particulars which the report of the Survey
Commissioner may contain under clause (f) of sub-section (3) of
section 4;
* * * * *
(iv) the manner of election of members of the Board by means of a single
transferable vote, under of sub-section (2) of section 14;
* * * * *
(via) the period within which the mutawalli or any other person may
produce documents related to waqf properties under sub-section (2) of
section 31;
(vib) the conditions under which an agency of the Government or any
other organisation may supply copies of records, registers and other
documents under sub-section (3) of section 31;
* * * * *
Powers to make 110. (1) * * * * *
regulations by
the Board. (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—
* * * * *
(f) the forms of application for registration of Auqaf further particulars
to be contained therein and the manner and place of registration of Auqaf
under sub-section (3) of section 36;
(g) further particulars to be contained in the register of Auqaf under
Section 37;
* * * * *
 LOK SABHA

————

A
BILL
further to amend the Waqf Act, 1995.

————

(Shri Kiren Rijiju, Minister of Minority Affairs)