The Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995
Administered Ministry: Ministry of Minority Affairs
Section
Section 1 Short title, extent and commencement.
(1) This Act may be called the 1[Unified Waqf Management, Empowerment, Efficiency and Development] Act, 1995.
(2) It extends to the whole of India 2***.
(3) It shall come into force in a State on such date3 as the Central Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different areas within a State and for different provisions of this Act, and any reference in any provision to the commencement of this Act, shall, in relation to any State or area therein, be construed as reference to the commencement of that provision in such State or area.
(2) It extends to the whole of India 2***.
(3) It shall come into force in a State on such date3 as the Central Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different areas within a State and for different provisions of this Act, and any reference in any provision to the commencement of this Act, shall, in relation to any State or area therein, be construed as reference to the commencement of that provision in such State or area.
1. Subs. by Act 14 of 2025, s. 2, for "Waqf" (w.e.f. 08-04-2025).
2. The words "except the State of Jammu and Kashmir" omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10-2019).
3. 1st January, 1996, vide notification No. S.O. 1007 (E), dated 27th December, 1995, see Gazette of India, Extraordinary, Part II, sec. 3(ii).
2. The words "except the State of Jammu and Kashmir" omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10-2019).
3. 1st January, 1996, vide notification No. S.O. 1007 (E), dated 27th December, 1995, see Gazette of India, Extraordinary, Part II, sec. 3(ii).
Section 2 Application of the Act.
Save as otherwise expressly provided under this Act, this Act shall apply to all 1[auqaf] whether created before or after the commencement of this Act:
Provided that nothing in this Act shall apply to Durgah Khawaja Saheb, Ajmer to which the Durgah Khawaja Saheb Act, 1955 (36 of 1955) applies:
2[Provided further that nothing in this Act shall, notwithstanding any judgement, decree or order of any court, apply to a trust (by whatever name called) established before or after the commencement of this Act or statutorily regulated by any statutory provision pertaining to public charities, by a Muslim for purpose similar to a waqf under any law for the time being in force.]
Provided that nothing in this Act shall apply to Durgah Khawaja Saheb, Ajmer to which the Durgah Khawaja Saheb Act, 1955 (36 of 1955) applies:
2[Provided further that nothing in this Act shall, notwithstanding any judgement, decree or order of any court, apply to a trust (by whatever name called) established before or after the commencement of this Act or statutorily regulated by any statutory provision pertaining to public charities, by a Muslim for purpose similar to a waqf under any law for the time being in force.]
1. Subs. by Act 27 of 2013, s. 4, for "wakfs" (w.e.f. 01-11-2013).
2. Ins. by Act 14 of 2025, s. 3 (w.e.f. 08-04-2025).
2. Ins. by Act 14 of 2025, s. 3 (w.e.f. 08-04-2025).
Section 3 Definitions. 1 docs
In this Act, unless the context otherwise requires,---
(a) "beneficiary" means a person or object for whose benefit a 1[waqf] is created and includes religious, pious and charitable objects and any other objects of public utility sanctioned by the Muslim law;
2[(aa) "Aghakhani waqf" means a waqf dedicated by an Aghakhani waqif;]
(b) "benefit" does not include any benefit which a mutawalli is entitled to claim solely by reason of his being such mutawalli;
(c) "Board" means a Board of 1[Waqf] established under sub-section (1), or as the case may be, under sub-section (2) of section 13 and shall include a common 1[Waqf] Board established under section 106;
2[(ca) "Bohra waqf" means a waqf dedicated by a Bohra waqif;]
(d) "Chief Executive Officer" means the Chief Executive Officer appointed under sub-section (1) of section 23;
2 [(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;]
(e) "Council" means the Central 1[Waqf] Council established under section 9;
3[(ee) "encroacher" means any person or institution, public or private, occupying waqf property, in whole or part, without the authority of law and includes a person whose tenancy, lease or licence has expired or has been terminated by mutawalli or the Board;]
(f) "Executive Officer" means the Executive Officer appointed by the Board under sub-section (1) of section 38;
2[(fa) "Government Organisation" includes the Central Government, State Governments, Municipalities, Panchayats, attached and subordinate offices and autonomous bodies of the Central Government or State Government, or any organisation or Institution owned and controlled by the Central Government or State Government;
(fb) "Government property" means movable or immovable property or any part thereof, belonging to a Government Organisation;]
4[(g) "list of auqaf" means the list of auqaf published under sub-section (2) of section 5 or contained in the register of auqaf maintained under section 37;]
(h) "member" means a member of the Board and includes the Chairperson;
(i) "mutawalli" means any person appointed 5*** under any deed or instrument by which a 1[waqf] has been created, or by a competent authority, to be the mutawalli of a 1[waqf] and includes any person who is a mutawalli of a 1[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 1[waqf] or1[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:
6[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;]
(j) "net annual income", in relation to a 1[waqf] , means net annual income determined in accordance with the provisions of the Explanations to sub-section (1) of section 72;
(k) "person interested in a 1[waqf]" means any person who is entitled to receive any pecuniary or other benefits from the 1[waqf] and includes---
(i) any person who has a right to 7[offer prayer] or to perform any religious rite in a mosque, idgah, imambara, dargah, 8[ khanqah, peerkhana and karbala], maqbara, graveyard or any other religious institution connected with the 1[waqf] or to participate in any religious or charitable institution under the 1[waqf];
(ii) the 9[waqif] and any descendant of the 9[waqif] and the mutawalli;
2[(ka) "portal and database" means the waqf asset management system or any other system set up by the Central Government for the registration, accounts, audit and any other detail of waqf and the Board, as may be prescribed by the Central Government;]
10[(l) "prescribed" means prescribed by rules made under this Act;]
(m) "regulations" means the regulations made by the Board under this Act;
(n) "Shia 1[waqf]" means a 1[waqf] governed by Shia Law;
(o) "Sunni 1[waqf]" means a 1[waqf] governed by Sunni Law;
11* * * * *
(q) "Tribunal", in relation to any area, means the Tribunal constituted under sub-section (1) of section 83, having jurisdiction in relation to that area;
12[(r) "waqf" means the permanent dedication by 13[any person showing or demonstrating that he is practising Islam for at least five years, of any movable or immovable property, having ownership of such property and that there is no contrivance involved in the dedication of such property,] for any purpose recognised by the Muslim law as pious, religious or charitable and includes---
14* * * * *
(ii) a Shamlat Patti, Shamlat Deh, Jumla Malkkan or by any other name entered in a revenue record;
(iii) "grants", including mashrat-ul-khidmat for any purpose recognised by the Muslim law as pious, religious or charitable; and
(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 2[,or maintenance of widow, divorced woman and orphan, if waqif so intends, in such manner, as may be prescribed by the Central Government,] and such other purposes as recognised by Muslim law,
and "waqif" means 15[any such person] making such dedication;]
(s) "1[waqf] deed" means any deed or instrument by which 1[waqf] has been created and includes any valid subsequent deed or instrument by which any of the terms of the original dedication have been varied;
(t) "1[waqf] Fund" means a 1[waqf] fund formed under sub-section (1) of section 77:
2[Provided that the existing waqf by user properties registered on or before the commencement of the Waqf (Amendment) Act, 2025 (14 of 2025) as waqf by user will remain as waqf properties except that the property, wholly or in part, is in dispute or is a government property.]
(a) "beneficiary" means a person or object for whose benefit a 1[waqf] is created and includes religious, pious and charitable objects and any other objects of public utility sanctioned by the Muslim law;
2[(aa) "Aghakhani waqf" means a waqf dedicated by an Aghakhani waqif;]
(b) "benefit" does not include any benefit which a mutawalli is entitled to claim solely by reason of his being such mutawalli;
(c) "Board" means a Board of 1[Waqf] established under sub-section (1), or as the case may be, under sub-section (2) of section 13 and shall include a common 1[Waqf] Board established under section 106;
2[(ca) "Bohra waqf" means a waqf dedicated by a Bohra waqif;]
(d) "Chief Executive Officer" means the Chief Executive Officer appointed under sub-section (1) of section 23;
2 [(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;]
(e) "Council" means the Central 1[Waqf] Council established under section 9;
3[(ee) "encroacher" means any person or institution, public or private, occupying waqf property, in whole or part, without the authority of law and includes a person whose tenancy, lease or licence has expired or has been terminated by mutawalli or the Board;]
(f) "Executive Officer" means the Executive Officer appointed by the Board under sub-section (1) of section 38;
2[(fa) "Government Organisation" includes the Central Government, State Governments, Municipalities, Panchayats, attached and subordinate offices and autonomous bodies of the Central Government or State Government, or any organisation or Institution owned and controlled by the Central Government or State Government;
(fb) "Government property" means movable or immovable property or any part thereof, belonging to a Government Organisation;]
4[(g) "list of auqaf" means the list of auqaf published under sub-section (2) of section 5 or contained in the register of auqaf maintained under section 37;]
(h) "member" means a member of the Board and includes the Chairperson;
(i) "mutawalli" means any person appointed 5*** under any deed or instrument by which a 1[waqf] has been created, or by a competent authority, to be the mutawalli of a 1[waqf] and includes any person who is a mutawalli of a 1[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 1[waqf] or1[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:
6[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;]
(j) "net annual income", in relation to a 1[waqf] , means net annual income determined in accordance with the provisions of the Explanations to sub-section (1) of section 72;
(k) "person interested in a 1[waqf]" means any person who is entitled to receive any pecuniary or other benefits from the 1[waqf] and includes---
(i) any person who has a right to 7[offer prayer] or to perform any religious rite in a mosque, idgah, imambara, dargah, 8[ khanqah, peerkhana and karbala], maqbara, graveyard or any other religious institution connected with the 1[waqf] or to participate in any religious or charitable institution under the 1[waqf];
(ii) the 9[waqif] and any descendant of the 9[waqif] and the mutawalli;
2[(ka) "portal and database" means the waqf asset management system or any other system set up by the Central Government for the registration, accounts, audit and any other detail of waqf and the Board, as may be prescribed by the Central Government;]
10[(l) "prescribed" means prescribed by rules made under this Act;]
(m) "regulations" means the regulations made by the Board under this Act;
(n) "Shia 1[waqf]" means a 1[waqf] governed by Shia Law;
(o) "Sunni 1[waqf]" means a 1[waqf] governed by Sunni Law;
(q) "Tribunal", in relation to any area, means the Tribunal constituted under sub-section (1) of section 83, having jurisdiction in relation to that area;
12[(r) "waqf" means the permanent dedication by 13[any person showing or demonstrating that he is practising Islam for at least five years, of any movable or immovable property, having ownership of such property and that there is no contrivance involved in the dedication of such property,] for any purpose recognised by the Muslim law as pious, religious or charitable and includes---
(ii) a Shamlat Patti, Shamlat Deh, Jumla Malkkan or by any other name entered in a revenue record;
(iii) "grants", including mashrat-ul-khidmat for any purpose recognised by the Muslim law as pious, religious or charitable; and
(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 2[,or maintenance of widow, divorced woman and orphan, if waqif so intends, in such manner, as may be prescribed by the Central Government,] and such other purposes as recognised by Muslim law,
and "waqif" means 15[any such person] making such dedication;]
(s) "1[waqf] deed" means any deed or instrument by which 1[waqf] has been created and includes any valid subsequent deed or instrument by which any of the terms of the original dedication have been varied;
(t) "1[waqf] Fund" means a 1[waqf] fund formed under sub-section (1) of section 77:
2[Provided that the existing waqf by user properties registered on or before the commencement of the Waqf (Amendment) Act, 2025 (14 of 2025) as waqf by user will remain as waqf properties except that the property, wholly or in part, is in dispute or is a government property.]
1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 01-11-2013).
2. Ins. by Act 14 of 2025, s. 4 (w.e.f. 08-04-2025).
3. Ins. by Act 27 of 2013, s. 5. (w.e.f. 01-11-2013).
4. Subs. by s. 5, ibid., for clause (g) (w.e.f. 01-11-2013).
5. The words ", either verbally or" omitted by Act 14 of 2025, s. 4 (w.e.f. 08-04-2025).
6. Ins. by Act 27 of 2013, s. 5. (w.e.f. 01-11-2013).
7. Subs. by s. 5, ibid., for "worship" (w.e.f. 01-11-2013).
8. Subs. by s. 5, ibid., for "khangah" (w.e.f. 01-11-2013).
9. Subs. by s. 4, ibid., for "wakif" (w.e.f. 01-11-2013).
10. Subs. by Act 14 of 2025, s. 4, for cl. (l) (w.e.f. 08-4-2025).
11. Cl. (p) omitted by s. 4, ibid., (w.e.f. 08-4-2025).
12. Subs. by Act 27 of 2013, s. 5, for clause (r) (w.e.f. 01-11-2013).
13. Subs. by Act 14 of 2025, s. 4, for "any person, of any movable or immovable property" (w.e.f. 08-04-2025).
14. Sub-clause (i) omitted by s. 4, ibid. (w.e.f. 08-04-2025).
15. Subs. by s. 4, ibid., for "any person" (w.e.f. 08-04-2025).
2. Ins. by Act 14 of 2025, s. 4 (w.e.f. 08-04-2025).
3. Ins. by Act 27 of 2013, s. 5. (w.e.f. 01-11-2013).
4. Subs. by s. 5, ibid., for clause (g) (w.e.f. 01-11-2013).
5. The words ", either verbally or" omitted by Act 14 of 2025, s. 4 (w.e.f. 08-04-2025).
6. Ins. by Act 27 of 2013, s. 5. (w.e.f. 01-11-2013).
7. Subs. by s. 5, ibid., for "worship" (w.e.f. 01-11-2013).
8. Subs. by s. 5, ibid., for "khangah" (w.e.f. 01-11-2013).
9. Subs. by s. 4, ibid., for "wakif" (w.e.f. 01-11-2013).
10. Subs. by Act 14 of 2025, s. 4, for cl. (l) (w.e.f. 08-4-2025).
11. Cl. (p) omitted by s. 4, ibid., (w.e.f. 08-4-2025).
12. Subs. by Act 27 of 2013, s. 5, for clause (r) (w.e.f. 01-11-2013).
13. Subs. by Act 14 of 2025, s. 4, for "any person, of any movable or immovable property" (w.e.f. 08-04-2025).
14. Sub-clause (i) omitted by s. 4, ibid. (w.e.f. 08-04-2025).
15. Subs. by s. 4, ibid., for "any person" (w.e.f. 08-04-2025).
Section 3A Certain conditions of waqf.
1[3A. Certain conditions of waqf.--- (1) No person shall create a waqf unless he is the lawful owner of the property and competent to transfer or dedicate such property.
(2) The creation of a waqf-alal-aulad shall not result in denial of inheritance rights of heirs, including women heirs, of the waqif or any other rights of persons with lawful claims.]
(2) The creation of a waqf-alal-aulad shall not result in denial of inheritance rights of heirs, including women heirs, of the waqif or any other rights of persons with lawful claims.]
1. Ins. by Act 14 of 2025, s. 5 (w.e.f. 08-04-2025).
Section 3B Filing of details of waqf on portal and database.
1[3B. Filing of details of waqf on portal and database.--- (1) Every waqf registered under this Act, prior to the commencement of the Waqf (Amendment) Act, 2025 (14 of 2025), shall file the details of the waqf and the property dedicated to the waqf on the portal and database, within a period of six months from such commencement:
Provided that the Tribunal may, on an application made to it by the mutawalli, extend such period of six months under this section for a further period not exceeding six months as it may consider appropriate, if he satisfies the Tribunal that he had sufficient cause for not filing the details of the waqf on the portal within such period.
(2) The details of the waqf under sub-section (1), amongst other information, shall include the following, namely:---
(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;
(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;
(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;
(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 Government.]
Provided that the Tribunal may, on an application made to it by the mutawalli, extend such period of six months under this section for a further period not exceeding six months as it may consider appropriate, if he satisfies the Tribunal that he had sufficient cause for not filing the details of the waqf on the portal within such period.
(2) The details of the waqf under sub-section (1), amongst other information, shall include the following, namely:---
(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;
(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;
(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;
(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 Government.]
1. Ins. by Act 14 of 2025, s. 5 (w.e.f. 08-04-2025).
Section 3C Wrongful declaration of waqf.
1[3C. Wrongful declaration of waqf.--- (1) Any Government property identified or declared as waqf property, before or after the commencement of this Act, shall not be deemed to be a waqf property.
(2) If any question arises as to whether any such property is a Government property, the State Government may, by notification, designate on Officer above the rank of Collector (hereinafter referred to as the designated officer), who shall conduct an inquiry as per law, and determine whether such property is a Government property or not and submit his report to the State Government:
Provided that such property shall not be treated as waqf property till the designated officer submits his report.
(3) In case the designated officer determines the property to be a 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 designated officer, direct the Board to make appropriate correction in the records.]
(2) If any question arises as to whether any such property is a Government property, the State Government may, by notification, designate on Officer above the rank of Collector (hereinafter referred to as the designated officer), who shall conduct an inquiry as per law, and determine whether such property is a Government property or not and submit his report to the State Government:
Provided that such property shall not be treated as waqf property till the designated officer submits his report.
(3) In case the designated officer determines the property to be a 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 designated officer, direct the Board to make appropriate correction in the records.]
1. Ins. by Act 14 of 2025, s. 5 (w.e.f. 08-04-2025).
Section 3D Declaration of protected monument or protected area as waqf to be void.
1[3D. Declaration of protected monument or protected area as waqf to be void.--- Any declaration or notification issued under this Act or under any previous Act in respect of waqf properties shall be void, if such property was a protected monument or protected area under the Ancient Monuments Preservation Act, 1904 (7 of 1904) or the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (24 of 1958), at the time of such declaration or notification.]
1. Ins. by Act 14 of 2025, s. 5 (w.e.f. 08-04-2025).
Section 3E Bar of declaration of any land in Scheduled or Tribal area as waqf.
1[3E. Bar of declaration of any land in Scheduled or Tribal area as waqf.--- Notwithstanding anything contained in this Act or any other law for the time being in force, no land belonging to members of Scheduled Tribes under the provisions of the Fifth Schedule or the Sixth Schedule to the Constitution shall be declared or deemed to be waqf property.]
1. Ins. by Act 14 of 2025, s. 5 (w.e.f. 08-04-2025).
Section 4 Survey of auqaf.
SURVEY OF 1[AUQAF]
4. 2[Survey of auqaf.]--- 3[(1) Any survey of auqaf pending before the Survey Commissioner, on the commencement of the Waqf (Amendment) Act, 2025 (14 of 2025), shall be transferred to the Collector having jurisdiction and the Collector shall make the survey in accordance with the procedure in the revenue laws of the State, from the stage such survey is transferred to the Collector, and submit his report to the State Government.]
(4) The 5[Collector] 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 6[waqf] is a Shia 6[waqf] or Sunni 6[waqf] 7[or Aghakhani waqf or Bohra waqf] and there are clear indications in the deed of 6[waqf] as to its nature, the dispute shall be decided on the basis of such deed:
Provided that no such second or subsequent survey shall be made until the expiry of a period of 9[ten years] from the date on which the report in relation to the immediately previous survey was submitted under sub-section (3):
10[Provided further that the waqf properties already notified shall not be reviewed again in subsequent survey except where the status of such property has been changed in accordance with the provisions of any law.]
1. Subs. by Act 27 of 2013, s. 4, for "wakfs" (w.e.f. 01-11-2013).
2. Subs. by Act 14 of 2025, s. 6, for the marginal heading (w.e.f. 08-04-2025).
3. Subs. by s. 6, ibid., for sub-section (1) (w.e.f. 08-04-2025).
4. Sub-sections (1A), (2) and (3) omitted by s. 6, ibid. (w.e.f. 08-04-2025).
5. Subs. by s. 6, ibid., for "Survey Commissioner" (w.e.f. 08-04-2025).
6. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 01-11-2013).
7. Ins. by Act 14 of 2025, s. 6 (w.e.f. 08-04-2025).
8. Sub-section (6) omitted by s. 6, ibid. (w.e.f. 08-04-2025).
9. Subs. by Act 27 of 2013, s. 6, for "twenty years" (w.e.f. 01-11-2013).
10. Ins. by s. 6, ibid. (w.e.f. 01-11-2013)
2. Subs. by Act 14 of 2025, s. 6, for the marginal heading (w.e.f. 08-04-2025).
3. Subs. by s. 6, ibid., for sub-section (1) (w.e.f. 08-04-2025).
4. Sub-sections (1A), (2) and (3) omitted by s. 6, ibid. (w.e.f. 08-04-2025).
5. Subs. by s. 6, ibid., for "Survey Commissioner" (w.e.f. 08-04-2025).
6. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 01-11-2013).
7. Ins. by Act 14 of 2025, s. 6 (w.e.f. 08-04-2025).
8. Sub-section (6) omitted by s. 6, ibid. (w.e.f. 08-04-2025).
9. Subs. by Act 27 of 2013, s. 6, for "twenty years" (w.e.f. 01-11-2013).
10. Ins. by s. 6, ibid. (w.e.f. 01-11-2013)
Section 5 Publication of list of auqaf.
5. Publication of list of 1[auqaf].--- (1) On receipt of a report under 2[sub-section (1)] of section 4, the State Government shall forward a copy of the same to the Board.
(2) The Board shall examine the report forwarded to it under sub-section (1) and 3[fordward it back to the Government within a period of six months for publication in the Official Gazette] a list of Sunni 1[auqaf] or Shia 1[auqaf] 4[or Aghakhani auqaf or Bohra auqaf] in the State, whether in existence at the commencement of this Act or coming into existence thereafter, to which the report relates, and containing such other particulars as may be prescribed.
4[(2A) The State Government shall upload the notified list of auqaf on the portal and database within ninety 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 mutawallis and management in such manner as may be prescribed by the Central Government.]
5[6[(3) The revenue authorities, before deciding mutation in the land records, in accordance with revenue laws in force, shall give a public notice of ninety days, in two daily newspapers circulating in the localities of such area of which one shall be in the regional language and give the affected persons an opportunity of being heard.]
(4) The State Government shall maintain a record of the lists published under sub-section (2) from time to time 4[on the portal and database].]
(2) The Board shall examine the report forwarded to it under sub-section (1) and 3[fordward it back to the Government within a period of six months for publication in the Official Gazette] a list of Sunni 1[auqaf] or Shia 1[auqaf] 4[or Aghakhani auqaf or Bohra auqaf] in the State, whether in existence at the commencement of this Act or coming into existence thereafter, to which the report relates, and containing such other particulars as may be prescribed.
4[(2A) The State Government shall upload the notified list of auqaf on the portal and database within ninety 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 mutawallis and management in such manner as may be prescribed by the Central Government.]
5[6[(3) The revenue authorities, before deciding mutation in the land records, in accordance with revenue laws in force, shall give a public notice of ninety days, in two daily newspapers circulating in the localities of such area of which one shall be in the regional language and give the affected persons an opportunity of being heard.]
(4) The State Government shall maintain a record of the lists published under sub-section (2) from time to time 4[on the portal and database].]
1. Subs. by Act 27 of 2013, s. 4, for "wakfs" (w.e.f. 01-11-2013).
2. Subs. by Act 14 of 2025, s. 7, for "sub-section (3)" (w.e.f. 08-04-2025).
3. Subs. by Act 27 of 2013, s. 7, for "publish in the Official Gazette" (w.e.f. 01-11-2013).
4. Ins. by Act 14 of 2025, s. 7 (w.e.f. 08-04-2025).
5. Ins. by Act 27 of 2013, s. 7 (w.e.f. 01-11-2013).
6. Subs. by Act 14 of 2025, s. 7, for sub-section (3) (w.e.f. 08-04-2025).
2. Subs. by Act 14 of 2025, s. 7, for "sub-section (3)" (w.e.f. 08-04-2025).
3. Subs. by Act 27 of 2013, s. 7, for "publish in the Official Gazette" (w.e.f. 01-11-2013).
4. Ins. by Act 14 of 2025, s. 7 (w.e.f. 08-04-2025).
5. Ins. by Act 27 of 2013, s. 7 (w.e.f. 01-11-2013).
6. Subs. by Act 14 of 2025, s. 7, for sub-section (3) (w.e.f. 08-04-2025).
Section 6 Disputes regarding auqaf.
6. Disputes regarding 1[auqaf].--- (1) If any question arises whether a particular property specified as 2[waqf] property in the list of 1[auqaf] is 2[waqf] property or not or whether a 2[waqf] specified in such list is a Shia 2[waqf] or Sunni 2[waqf] 3[or Aghakhani waqf or Bohra waqf], the Board or the mutawalli of the 2[waqf] or 4[any person aggrieved] may institute a suit in a Tribunal for the decision of the question 5****:
Provided that no such suit shall be entertained by the Tribunal after the expiry of 6[two years] from the date of the publication of the list of 1[auqaf]:
7[Provided further that an application may be entertained by the Tribunal after the period of two years specified in the first proviso, if the applicant satisfies the Tribunal that he has sufficient cause for not making the application within such period.]
8* * * * *
(2) Notwithstanding anything contained in sub-section (1), no proceeding under this Act in respect of any 2[waqf] shall be stayed by reason only of the pendency of any such suit or of any appeal or other proceeding arising out of such suit.
(3) The 9[Collector] 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.
(4) The list of 1[auqaf] shall, unless it is modified in pursuance of a decision of the Tribunal under sub-section (1), be final and conclusive.
(5) On and from the commencement of this Act in a State, no suit or other legal proceeding shall be instituted or commenced in a court in that State in relation to any question referred to in sub-section (1).
Provided that no such suit shall be entertained by the Tribunal after the expiry of 6[two years] from the date of the publication of the list of 1[auqaf]:
7[Provided further that an application may be entertained by the Tribunal after the period of two years specified in the first proviso, if the applicant satisfies the Tribunal that he has sufficient cause for not making the application within such period.]
(2) Notwithstanding anything contained in sub-section (1), no proceeding under this Act in respect of any 2[waqf] shall be stayed by reason only of the pendency of any such suit or of any appeal or other proceeding arising out of such suit.
(3) The 9[Collector] 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.
(4) The list of 1[auqaf] shall, unless it is modified in pursuance of a decision of the Tribunal under sub-section (1), be final and conclusive.
(5) On and from the commencement of this Act in a State, no suit or other legal proceeding shall be instituted or commenced in a court in that State in relation to any question referred to in sub-section (1).
1. Subs. by Act 27 of 2013, s. 4, for "wakfs" (w.e.f. 01-11-2013).
2. Subs. by s. 4, ibid. for "wakf" (w.e.f. 01-11-2013).
3. Ins. by Act 14 of 2025, s. 8 (w.e.f. 08-04-2025).
4. Subs. by Act 27 of 2013, s. 8, for "any person interested therein" (w.e.f. 01-11-2013).
5. Certain words omitted by Act 14 of 2025, s. 8 (w.e.f. 08-04-2025).
6. Subs. by s. 8, ibid., for "one year" (w.e.f. 08-04-2025).
7. Subs. by s. 8, ibid., for second proviso (w.e.f. 08-04-2025).
8. The Explanation omitted by Act 27 of 2013, s. 8 (w.e.f. 01-11-2013).
9. Subs. by Act 14 of 2025, s. 8, for "Survey Commissioner" (w.e.f. 08-04-2025).
2. Subs. by s. 4, ibid. for "wakf" (w.e.f. 01-11-2013).
3. Ins. by Act 14 of 2025, s. 8 (w.e.f. 08-04-2025).
4. Subs. by Act 27 of 2013, s. 8, for "any person interested therein" (w.e.f. 01-11-2013).
5. Certain words omitted by Act 14 of 2025, s. 8 (w.e.f. 08-04-2025).
6. Subs. by s. 8, ibid., for "one year" (w.e.f. 08-04-2025).
7. Subs. by s. 8, ibid., for second proviso (w.e.f. 08-04-2025).
8. The Explanation omitted by Act 27 of 2013, s. 8 (w.e.f. 01-11-2013).
9. Subs. by Act 14 of 2025, s. 8, for "Survey Commissioner" (w.e.f. 08-04-2025).
Section 7 Power of Tribunal to determine disputes regarding auqaf.
7. Power of Tribunal to determine disputes regarding 1[auqaf].--- (1) If, after the commencement of this Act, 3[any question or dispute] arises, whether a particular property specified as 2[waqf] property in a list of 1[auqaf] is 2[waqf] property or not, or whether a 2[waqf] specified in such list is a Shia 2[waqf] or a Sunni 2[waqf] 4[or Aghkhani waqf or Bohra waqf] , the Board or the mutawalli of the 2[waqf], 5[or any person aggrieved by the publication of the list of auqaf under section 5] therein, may apply to the Tribunal having jurisdiction in relation to such property, for the decision of the question 6****:
Provided that---
(a) in the case of the list of 1[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 7[ two years] from the date of publication of the list of 1[auqaf]; and
(b) in the case of the list of 1[auqaf] relating to any part of the State and published at any time within a period of 7[two years] immediately preceding the commencement of this Act, such an application may be entertained by Tribunal within the period of 7[two years] from such commencement:
8[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] 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.
(2) Except where the Tribunal has no jurisdiction by reason of the provisions of sub-section (5), no proceeding under this section in respect of any 2[waqf] shall be stayed by any court, tribunal or other authority by reason only of the pendency of any suit, application or appeal or other proceeding arising out of any such suit, application, appeal or other proceeding.
(3) The Chief Executive Officer shall not be made a party to any application under sub-section (1).
(4) The list of 1[auqaf] and where any such list is modified in pursuance of a decision of the Tribunal under sub-section (1), the list as so modified, shall be final.
(5) The Tribunal shall not have jurisdiction to determine any matter which is the subject-matter of any suit or proceeding instituted or commenced in a civil court under sub-section (1) of section 6, before the commencement of the Act or which is the subject-matter of any appeal from the decree passed before such commencement in any such suit or proceeding or of any application for revision or review arising out of such suit, proceeding or appeal, as the case may be.
9[(6) The Tribunal shall have the powers of assessment of damages by unauthorised occupation of waqf property and to penalise such unauthorised occupants for their illegal occupation of the waqf property and to recover the damages as arrears of land revenue through the Collector:
Provided that whosoever, being a public servant, fails in his lawful duty to prevent or remove an encroachment, shall on conviction be punishable with fine which may extend to fifteen thousand rupees for each such offence.]
Provided that---
(a) in the case of the list of 1[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 7[ two years] from the date of publication of the list of 1[auqaf]; and
(b) in the case of the list of 1[auqaf] relating to any part of the State and published at any time within a period of 7[two years] immediately preceding the commencement of this Act, such an application may be entertained by Tribunal within the period of 7[two years] from such commencement:
8[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] 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.
(2) Except where the Tribunal has no jurisdiction by reason of the provisions of sub-section (5), no proceeding under this section in respect of any 2[waqf] shall be stayed by any court, tribunal or other authority by reason only of the pendency of any suit, application or appeal or other proceeding arising out of any such suit, application, appeal or other proceeding.
(3) The Chief Executive Officer shall not be made a party to any application under sub-section (1).
(4) The list of 1[auqaf] and where any such list is modified in pursuance of a decision of the Tribunal under sub-section (1), the list as so modified, shall be final.
(5) The Tribunal shall not have jurisdiction to determine any matter which is the subject-matter of any suit or proceeding instituted or commenced in a civil court under sub-section (1) of section 6, before the commencement of the Act or which is the subject-matter of any appeal from the decree passed before such commencement in any such suit or proceeding or of any application for revision or review arising out of such suit, proceeding or appeal, as the case may be.
9[(6) The Tribunal shall have the powers of assessment of damages by unauthorised occupation of waqf property and to penalise such unauthorised occupants for their illegal occupation of the waqf property and to recover the damages as arrears of land revenue through the Collector:
Provided that whosoever, being a public servant, fails in his lawful duty to prevent or remove an encroachment, shall on conviction be punishable with fine which may extend to fifteen thousand rupees for each such offence.]
1. Subs. by Act 27 of 2013, s. 4, for "wakfs" (w.e.f. 01-11-2013).
2. Subs. by s. 4, ibid. for "wakf" (w.e.f. 01-11-2013).
3. Subs. by Act 27 of 2013, s. 9, for "any question" (w.e.f. 01-11-2013).
4. Ins. by Act 14 of 2025, s. 9 (w.e.f. 08-04-2025).
5. Subs. by Act 27 of 2013, s. 9, for "or any person interested" (w.e.f. 01-11-2013).
6. Certain words omitted by Act 14 of 2025, s. 9 (w.e.f. 08-04-2025).
7. Subs. by Act 14 of 2025, s. 9, for "one year" (w.e.f. 08-04-2025).
8. Subs. by s. 9, ibid., for "Provided further that" (w.e.f. 08-04-2025).
9. Ins. by Act 27 of 2013, s. 9 (w.e.f. 1-11-2013).
2. Subs. by s. 4, ibid. for "wakf" (w.e.f. 01-11-2013).
3. Subs. by Act 27 of 2013, s. 9, for "any question" (w.e.f. 01-11-2013).
4. Ins. by Act 14 of 2025, s. 9 (w.e.f. 08-04-2025).
5. Subs. by Act 27 of 2013, s. 9, for "or any person interested" (w.e.f. 01-11-2013).
6. Certain words omitted by Act 14 of 2025, s. 9 (w.e.f. 08-04-2025).
7. Subs. by Act 14 of 2025, s. 9, for "one year" (w.e.f. 08-04-2025).
8. Subs. by s. 9, ibid., for "Provided further that" (w.e.f. 08-04-2025).
9. Ins. by Act 27 of 2013, s. 9 (w.e.f. 1-11-2013).
Section 8 State Government to bear cost of survey.
1[8. State Government to bear cost of survey.--The total cost of making a survey including the cost of publication of the list or lists of auqaf under this Chapter shall be borne by the State Government.]
1. Subs. by Act 27 of 2013, s.10, for section 8 (w.e.f. 1-11-2013).
Section 9 Establishment and constitution of Central Waqf Council. 12 docs
CENTRAL 1[WAQF] COUNCIL
9. Establishment and constitution of Central 1[Waqf] Council.--- 2[(1) The Central Government may, by notification in the Official Gazette, establish a Council to be called the Central Waqf Council, for the purpose of advising the Central Government, the State Governments and the Boards on matters concerning the working of Boards and the due administration of auqaf.
(1A) The Council referred to in sub-section (1) shall issue directives to the Boards, on such issues and in such manner, as provided under sub-sections (4) and (5).]
3[(2) The Council shall consist of---
(a) the Union Minister in charge of waqf---Chairperson, ex officio;
(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 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;
(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 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) shall be women:
Provided further that two members appointed under this sub-section, excluding ex officio members, shall be non-Muslim.]
(3) The term of office of, the procedure to be followed in the discharge of their functions by, and the manner of filling casual vacancies among, members of the Council shall be such as may be prescribed by rules made by the Central Government.
4[(4) The State Government or, as the case may be, the Board, shall furnish information to the Council on the performance of Waqf Boards in the State, particularly on their financial performance, survey, maintenance of waqf deeds, revenue records, encroachment of waqf properties, annual reports and audit reports in the manner and time as may be specified by the Council and it may suo motu call for information on specific issues from the Board, if it is satisfied that there was prima facie evidence of irregularity or violation of the provisions of this Act and if the Council is satisfied that such irregularity or violation of the Act is established, it may issue such directive, as considered appropriate, which shall be complied with by the concerned Board under intimation to the concerned State Government.
(5) Any dispute arising out of a directive issued by the Council under sub-section (4) shall be referred to a Board of Adjudication to be constituted by the Central Government, to be presided over by a retired Judge of the Supreme Court or a retired Chief Justice of a High Court and the fees and travelling and other allowances payable to the Presiding Officer shall be such as may be specified by that Government.]
1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).
2. Subs. by s. 11, ibid., for sub-section (1) (w.e.f. 1-11-2013).
3. Subs. by Act 14 of 2025, s. 10, for sub-section (2) (w.e.f. 08-04-2025).
4. Ins. by Act 27 of 2013, s. 11 (w.e.f. 01-11-2013).
2. Subs. by s. 11, ibid., for sub-section (1) (w.e.f. 1-11-2013).
3. Subs. by Act 14 of 2025, s. 10, for sub-section (2) (w.e.f. 08-04-2025).
4. Ins. by Act 27 of 2013, s. 11 (w.e.f. 01-11-2013).
Section 10 Finance of Council.
(1) Every Board shall pay from its 1[Waqf] Fund annually to the Council such contribution as is equivalent to one per cent. of the aggregate of the net annual income of the 2[auqaf] in respect of which contribution is payable under sub-section (1) of section 72:
Provided that where the Board, in the case of any particular 1[waqf] has remitted under sub-section (2) of section 72 the whole of the contribution payable to it under sub-section (1) of that section, then for calculating the contribution payable to the Council under this section the net annual income of the 1[waqf] in respect of which such remission has been granted shall not be taken into account.
(2) All monies received by the Council under sub-section (1) and all other monies received by it as donations, benefactions and grants shall form a fund to be called the Central 1[Waqf] Fund.
(3) Subject to any rules that may be made by the Central Government in this behalf, the Central 1[Waqf] Fund shall be under the control of the Council and may be applied for such purposes as the Council may deem fit.
Provided that where the Board, in the case of any particular 1[waqf] has remitted under sub-section (2) of section 72 the whole of the contribution payable to it under sub-section (1) of that section, then for calculating the contribution payable to the Council under this section the net annual income of the 1[waqf] in respect of which such remission has been granted shall not be taken into account.
(2) All monies received by the Council under sub-section (1) and all other monies received by it as donations, benefactions and grants shall form a fund to be called the Central 1[Waqf] Fund.
(3) Subject to any rules that may be made by the Central Government in this behalf, the Central 1[Waqf] Fund shall be under the control of the Council and may be applied for such purposes as the Council may deem fit.
1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).
2. Subs. by s. 4, ibid., for "wakfs" (w.e.f. 1-11-2013).
2. Subs. by s. 4, ibid., for "wakfs" (w.e.f. 1-11-2013).
Section 11 Accounts and audit.
(1) The Council shall cause to be maintained such books of account and other books in relation to its accounts in such form and in such manner as may be prescribed by rules made by the Central Government.
(2) The accounts of the Council shall be audited and examined annually by such auditor as may be appointed by the Central Government.
(3) The costs of the audit shall be paid from the Central 1[Waqf] Fund.
(2) The accounts of the Council shall be audited and examined annually by such auditor as may be appointed by the Central Government.
(3) The costs of the audit shall be paid from the Central 1[Waqf] Fund.
1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).
Section 12 Power of Central Government to make rules. 2 docs
(1) The Central Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Chapter.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--
(a) the term of office of, the procedure to be followed in the discharge of their functions by, and the manner of filling casual vacancies among, the members of the Council;
(b) control over and application of the Central 1[Waqf] Fund;
(c) the form and manner in which accounts of the Council may be maintained.
(3) Every rule made by the Central Government under this Chapter shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session for a total period of third days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under the rule.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--
(a) the term of office of, the procedure to be followed in the discharge of their functions by, and the manner of filling casual vacancies among, the members of the Council;
(b) control over and application of the Central 1[Waqf] Fund;
(c) the form and manner in which accounts of the Council may be maintained.
(3) Every rule made by the Central Government under this Chapter shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session for a total period of third days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under the rule.
1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).
Section 13 Incorporation.
(1) With effect from such date as the State Government may, by notification in the Official Gazette, appoint in this behalf, there shall be established a Board of 1[Auqaf] under such name as may be specified in the notification:
2[Provided that in case where a Board of Waqf has not been established, as required under this sub-section, a Board of Waqf shall, without prejudice to the provisions of this Act or any other law for the time being in force, be established within six months from the date of commencement of the Wakf (Amendment) Act, 2013 (27 of 2013).]
(2) Notwithstanding anything contained in sub-section (1), if the Shia 1[auqaf] in any State constitute in number more than fifteen per cent. of all the 1[auqaf] in the State or if the income of the properties of the Shia 1[auqaf] in the State constitutes more than fifteen per cent. of the total income of properties of all the 1[auqaf] in the State, the State Government may, by notification in the Official Gazette, establish a Board of 1[Auqaf] each for Sunni 1[auqaf] and for Shia 1[auqaf] under such names as may be specified in the notification.
3[(2A) The State Government may, if it deems necessary, by notification in the Official Gazette, establish a separate Board of Auqaf for Bohras and Aghakhanis.]
(3) The Board shall be a body corporate having perpetual succession and a common seal with power to acquire and hold property and to transfer any such property subject to such conditions and restrictions as may be prescribed and shall by the said name sue and be sued.
2[Provided that in case where a Board of Waqf has not been established, as required under this sub-section, a Board of Waqf shall, without prejudice to the provisions of this Act or any other law for the time being in force, be established within six months from the date of commencement of the Wakf (Amendment) Act, 2013 (27 of 2013).]
(2) Notwithstanding anything contained in sub-section (1), if the Shia 1[auqaf] in any State constitute in number more than fifteen per cent. of all the 1[auqaf] in the State or if the income of the properties of the Shia 1[auqaf] in the State constitutes more than fifteen per cent. of the total income of properties of all the 1[auqaf] in the State, the State Government may, by notification in the Official Gazette, establish a Board of 1[Auqaf] each for Sunni 1[auqaf] and for Shia 1[auqaf] under such names as may be specified in the notification.
3[(2A) The State Government may, if it deems necessary, by notification in the Official Gazette, establish a separate Board of Auqaf for Bohras and Aghakhanis.]
(3) The Board shall be a body corporate having perpetual succession and a common seal with power to acquire and hold property and to transfer any such property subject to such conditions and restrictions as may be prescribed and shall by the said name sue and be sued.
1. Subs. by Act 27 of 2013, s. 4, for "wakfs" (w.e.f. 1-11-2013).
2. Ins. by s. 12, ibid. (w.e.f. 1-11-2013).
3. Subs. by Act 14 of 2025, s. 11, for sub-section (2A) (w.e.f. 08-04-2025).
2. Ins. by s. 12, ibid. (w.e.f. 1-11-2013).
3. Subs. by Act 14 of 2025, s. 11, for sub-section (2A) (w.e.f. 08-04-2025).
Section 14 Composition of Board. 6 docs
1[(1) The Board for a State and the National Capital Territory of Delhi shall consist of, not more than eleven members, to be nominated by the State Government,---
(a) a Chairperson;
(b) (i) one Member of Parliament from the State or, as the case may be, the National Capital Territory of Delhi;
(ii) one Member of the State Legislature;
(c) the following members belonging to Muslim community, namely:---
(i) one mutawalli of the waqf having an annual 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 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;
(e) Joint Secretary to the State Government dealing with the waqf matters, ex officio;
(f) one Member of the Bar Council of the concerned State or Union territory:
Provided that two members of the Board appointed under clause (c) shall be women:
Provided further that two of total members of the Board appointed under this sub-section, excluding ex officio members, 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 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:
Provided also that the elected members of Board holding office on the commencement of the Waqf (Amendment) Act, 2025 (14 of 2025) 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 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).]
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3[(6) In determining the number of members belonging to Shia, Sunni, Bohra, Aghakhani or other backward classes among Muslim communities, the State Government or, as the case may be, the Central Government in case of a Union territory shall have regard to the number and value of Shia, Sunni, Bohra, Aghakhani and other backward classes among Muslim auqaf to be administered by the Board and appointment of the members shall be made, so far as may be, in accordance with such determination.]
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(9) The members of the Board shall be appointed by the State Government by notification in the Official Gazette.
(a) a Chairperson;
(b) (i) one Member of Parliament from the State or, as the case may be, the National Capital Territory of Delhi;
(ii) one Member of the State Legislature;
(c) the following members belonging to Muslim community, namely:---
(i) one mutawalli of the waqf having an annual 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 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;
(e) Joint Secretary to the State Government dealing with the waqf matters, ex officio;
(f) one Member of the Bar Council of the concerned State or Union territory:
Provided that two members of the Board appointed under clause (c) shall be women:
Provided further that two of total members of the Board appointed under this sub-section, excluding ex officio members, 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 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:
Provided also that the elected members of Board holding office on the commencement of the Waqf (Amendment) Act, 2025 (14 of 2025) 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 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).]
3[(6) In determining the number of members belonging to Shia, Sunni, Bohra, Aghakhani or other backward classes among Muslim communities, the State Government or, as the case may be, the Central Government in case of a Union territory shall have regard to the number and value of Shia, Sunni, Bohra, Aghakhani and other backward classes among Muslim auqaf to be administered by the Board and appointment of the members shall be made, so far as may be, in accordance with such determination.]
(9) The members of the Board shall be appointed by the State Government by notification in the Official Gazette.
1. Subs. by Act 14 of 2025, s. 12, for sub-sections (1), (1A), (3) and (4) (w.e.f. 08-04-2025).
2. Sub-section (5) omitted by Act 27 of 2013, s. 13 (w.e.f. 01-11-2013).
3. Subs. by Act 14 of 2025, s. 12, for sub-section (6) (w.e.f. 08-04-2025).
4. Sub-section (7) omitted by Act 27 of 2013, s. 13 (w.e.f. 01-11-2013).
5. Sub-section (8) omitted by Act 14 of 2025, s. 12 (w.e.f. 08-04-2025).
2. Sub-section (5) omitted by Act 27 of 2013, s. 13 (w.e.f. 01-11-2013).
3. Subs. by Act 14 of 2025, s. 12, for sub-section (6) (w.e.f. 08-04-2025).
4. Sub-section (7) omitted by Act 27 of 2013, s. 13 (w.e.f. 01-11-2013).
5. Sub-section (8) omitted by Act 14 of 2025, s. 12 (w.e.f. 08-04-2025).
Section 15 Term of office.
The members of the Board shall hold office for a term of five years 1[from the date of notification referred to in sub-section (9) of section 14].
1. Ins. by Act 27 of 2013, s. 14 (w.e.f. 01-11-2013)..