The Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995
Administered Ministry: Ministry of Minority Affairs
Section
Section 16 Disqualification for being appointed, or for continuing as, a member of the Board.
A person shall be disqualified for being appointed, or for continuing as, a member of the Board if---
1[(a) he is less than twenty-one years of age;
(aa) in case of a member under clause (c) of sub-section (1) of section 14, he is not a Muslim;]
(b) he is found to be a person of unsound mind;
(c) he is an undischarged insolvent;
2[(d) he has been convicted of any offence and sentenced to imprisonment for not less than two years;]
3[(da) he has been held guilty of encroachment on any waqf property;]
(e) he has been on a previous occasion---
(i) removed from his office as a member or as a mutawalli, or
(ii) removed by an order of a competent court or tribunal from any position of trust either for mismanagement or for corruption.
1[(a) he is less than twenty-one years of age;
(aa) in case of a member under clause (c) of sub-section (1) of section 14, he is not a Muslim;]
(b) he is found to be a person of unsound mind;
(c) he is an undischarged insolvent;
2[(d) he has been convicted of any offence and sentenced to imprisonment for not less than two years;]
3[(da) he has been held guilty of encroachment on any waqf property;]
(e) he has been on a previous occasion---
(i) removed from his office as a member or as a mutawalli, or
(ii) removed by an order of a competent court or tribunal from any position of trust either for mismanagement or for corruption.
1. Subs. by Act 14 of 2025, s. 13, for clause (a) (w.e.f. 08-04-2025).
2. Subs. by s. 13, ibid., for clause (d) (w.e.f. 08-04-2025).
3. Ins. by Act 27 of 2013, s. 15 (w.e.f. 01-11-2013).
2. Subs. by s. 13, ibid., for clause (d) (w.e.f. 08-04-2025).
3. Ins. by Act 27 of 2013, s. 15 (w.e.f. 01-11-2013).
Section 17 Meetings of the Board.
(1) The Board shall meet 1[at least once in every month] for the transaction of business at such time and places as may be provided by regulations.
(2) The Chairperson, or in his absence, any member chosen by the members from amongst themselves shall preside at a meeting of the Board.
(3) Subject to the provisions of this Act, all questions which come before any meeting of the Board shall be decided by a majority of votes of the members present, and in the case of equality of votes, the Chairperson or, in his absence any other person presiding shall have a second or casting vote.
(2) The Chairperson, or in his absence, any member chosen by the members from amongst themselves shall preside at a meeting of the Board.
(3) Subject to the provisions of this Act, all questions which come before any meeting of the Board shall be decided by a majority of votes of the members present, and in the case of equality of votes, the Chairperson or, in his absence any other person presiding shall have a second or casting vote.
1. Ins. by Act 14 of 2025, s. 14 (w.e.f. 08-04-2025).
Section 18 Committees of the Board.
(1) The Board may, whenever it considers necessary, establish either generally or for a particular purpose or for any specified area or areas committees for the supervision of 1[auqaf].
(2) The constitution, functions and duties and the term of office of such committees shall be determined from time to time by the Board:
Provided that it shall not be necessary for the members of such committees to be members of the Board.
(2) The constitution, functions and duties and the term of office of such committees shall be determined from time to time by the Board:
Provided that it shall not be necessary for the members of such committees to be members of the Board.
1. Subs. by Act 27 of 2013, s. 4, for wakfs (w.e.f. 01-11-2013).
Section 19 Resignation of Chairperson and members.
The Chairperson or any other member may resign his office by writing under his hand addressed to the State Government:
Provided that the Chairperson or the member shall continue in office until the appointment of his successor is notified in the Official Gazette.
Provided that the Chairperson or the member shall continue in office until the appointment of his successor is notified in the Official Gazette.
Section 20 Removal of Chairperson and member. 2 docs
(1) The State Government may, by notification in the Official Gazette, remove the Chairperson of the Board or any member thereof if he---
(a) is or becomes subject to any disqualifications specified in section 16; or
(b) refuses to act or is incapable of acting or acts in a manner which the State Government, after hearing any explanation that he may offer, considers to be prejudicial to the interests of the 1[auqaf]; or
(c) fails in the opinion of the Board, to attend three consecutive meetings of the Board, without sufficient excuse.
(2) Where the Chairperson of the Board is removed under sub-section (1), he shall also cease to be a member of the Board.
(a) is or becomes subject to any disqualifications specified in section 16; or
(b) refuses to act or is incapable of acting or acts in a manner which the State Government, after hearing any explanation that he may offer, considers to be prejudicial to the interests of the 1[auqaf]; or
(c) fails in the opinion of the Board, to attend three consecutive meetings of the Board, without sufficient excuse.
(2) Where the Chairperson of the Board is removed under sub-section (1), he shall also cease to be a member of the Board.
1. Subs. by Act 27 of 2013, s. 4, for “wakfs” (w.e.f. 01-11-2013).
Section 20A Omitted.
[Removal of Chairperson by vote of no confidence].--- Omitted by the Waqf (Amendment) Act, 2025 (14 of 2025), s. 15 (w.e.f. 08-04-2025).
Section 21 Filling of a vacancy. 2 docs
When the seat of a member becomes vacant by his removal, resignation, death or otherwise, a new member shall be appointed in his place and such member shall hold office so long as the member whose place he fills would have been entitled to hold office, if such vacancy had not occurred.
Section 22 Vacancies, etc., not to invalidate proceedings of the Board.
No act or proceeding of the Board shall be invalid by reason only of the existence of any vacancy amongst its member or any defect in the constitution thereof.
Section 23 Appointment of Chief Executive Officer and his term of office and other conditions of service. 2 docs
1[(1) There shall be a full-time Chief Executive Officer of the Board to be appointed by the State Government and who shall be not below the rank of Joint Secretary to the State Government.]
(2) The term of office and other conditions of service of the Chief Executive Officer shall be such as may be prescribed.
(3) The Chief Executive Officer shall be ex officio Secretary of the Board and shall be under the administrative control of the Board.
(2) The term of office and other conditions of service of the Chief Executive Officer shall be such as may be prescribed.
(3) The Chief Executive Officer shall be ex officio Secretary of the Board and shall be under the administrative control of the Board.
1. Subs. by Act 14 of 2025, s. 16, for sub-section (1) (w.e.f. 08-04-2025).
Section 24 Officers and other employees of the Board.
(1) The Board shall have the assistance of such number of officers and other employees as may be necessary for the efficient performance of its functions under this Act, details thereof shall be determined by the Board in consultation with the State Government.
(2) The appointment of officers and other employees, their term of office and conditions of service shall be such as may be provided by regulations.
(2) The appointment of officers and other employees, their term of office and conditions of service shall be such as may be provided by regulations.
Section 25 Duties and powers of Chief Executive Officer.
(1) Subject to the provisions of this Act and of the rules made thereunder and the directions of the Board, functions of the Chief Executive Officer shall include--
(a) investigating the nature and extent of 1[auqaf] and 2[waqf] properties and calling whenever necessary, an inventory of 2[waqf] properties and calling, from time to time, for accounts, returns and information from mutawallis;
(b) inspecting or causing inspection of 2[waqf] properties and accounts, records, deeds or documents relating thereto;
(c) doing generally of such acts as may be necessary for the control, maintenance and superintendence of 1[auqaf].
(2) In exercising the powers of giving directions under sub-section (1) in respect of any 2[waqf], the Board shall act in conformity with the directions by the 2[waqf] in the deed of the 2[waqf], the purpose of 2[waqf] and such usage and customs of the 2[waqf] as are sanctioned by the school of Muslim law to which the 2[waqf] belongs.
(3) Save as otherwise expressly provided in this Act, the Chief Executive Officer shall exercise such powers and perform such duties as may be assigned to him or delegated to him under this Act.
(a) investigating the nature and extent of 1[auqaf] and 2[waqf] properties and calling whenever necessary, an inventory of 2[waqf] properties and calling, from time to time, for accounts, returns and information from mutawallis;
(b) inspecting or causing inspection of 2[waqf] properties and accounts, records, deeds or documents relating thereto;
(c) doing generally of such acts as may be necessary for the control, maintenance and superintendence of 1[auqaf].
(2) In exercising the powers of giving directions under sub-section (1) in respect of any 2[waqf], the Board shall act in conformity with the directions by the 2[waqf] in the deed of the 2[waqf], the purpose of 2[waqf] and such usage and customs of the 2[waqf] as are sanctioned by the school of Muslim law to which the 2[waqf] belongs.
(3) Save as otherwise expressly provided in this Act, the Chief Executive Officer shall exercise such powers and perform such duties as may be assigned to him or delegated to him under this Act.
1. Subs. by Act 27 of 2013, s. 4, for "wakfs" (w.e.f. 1-11-2013).
2. Subs. by s. 4, ibid., for "wakf" (w.e.f. 1-11-2013).
2. Subs. by s. 4, ibid., for "wakf" (w.e.f. 1-11-2013).
Section 26 Powers of Chief Executive Officer in respect of orders or resolutions of Board.
Where the Chief Executive Officer considers that an order or resolution passed by the Board--
(a) has not been passed in accordance with the law; or
(b) is in excess of or is an abuse of the powers conferred on the Board by or under this Act or by any other law; or
(c) if implemented, is likely to--
(i) cause financial loss to the Board or to the concerned 2[waqf] or to the 1[auqaf] generally; or
(ii) lead to a riot or breach of peace; or
(iii) cause danger to human life, health or safety; or
(d) is not beneficial to the Board or to any 2[waqf] or to1[auqaf] generally,
he may, before implementing such order or resolution, place the matter before the Board for its reconsideration and, if such order or resolution is not confirmed by a majority of vote of the members present and voting after such reconsideration, refer the matter to the State Government along with his objections to the order or resolution, and the decision of the State Government thereon shall be final.
(a) has not been passed in accordance with the law; or
(b) is in excess of or is an abuse of the powers conferred on the Board by or under this Act or by any other law; or
(c) if implemented, is likely to--
(i) cause financial loss to the Board or to the concerned 2[waqf] or to the 1[auqaf] generally; or
(ii) lead to a riot or breach of peace; or
(iii) cause danger to human life, health or safety; or
(d) is not beneficial to the Board or to any 2[waqf] or to1[auqaf] generally,
he may, before implementing such order or resolution, place the matter before the Board for its reconsideration and, if such order or resolution is not confirmed by a majority of vote of the members present and voting after such reconsideration, refer the matter to the State Government along with his objections to the order or resolution, and the decision of the State Government thereon shall be final.
1. Subs. by Act 27 of 2013, s. 4, for "wakfs" (w.e.f. 1-11-2013).
2. Subs. by s. 4, ibid., for "wakf" (w.e.f. 1-11-2013).
2. Subs. by s. 4, ibid., for "wakf" (w.e.f. 1-11-2013).
Section 27 Delegation of powers by Board.
1[27. Delegation of powers by the Board.--The Board may, by a general or special order in writing, delegate to the Chairperson, any other member, the Chief Executive Officer or any other officer or servant of the Board or any area committee, subject to such conditions and limitations as may be specified in the said order, such of its powers and duties under this Act, as it may deem necessary, except the powers and functions of the Board mentioned under clauses (c), (d), (g) and (j) of sub-section (2) of section 32 and section 110.]
1. Subs. by Act 27 of 2013, s. 18, for section 27 (w.e.f. 1-11-2013).
Section 28 Power of District Magistrate, Additional District Magistrate or Sub-Divisional Magistrate to implement the directions of the Board.
1[28. Power of District Magistrate, Additional District Magistrate or Sub-Divisional Magistrate to implement the directions of the Board.-- Subject to the provisions of this Act and the rules made thereunder, the District Magistrate or in his absence an Additional District Magistrate or Sub-Divisional Magistrate of a District in the State shall 2[implement the decision of the Board within forty-five days from the date it is] conveyed through the Chief Executive Officer and the Board may, wherever considers necessary, seek directions from the Tribunal for the implementation of its decisions.]
1. Subs. by Act 27 of 2013 s. 19, for section 28 (w.e.f. 1-11-2013).
2. Subs. by Act 14 of 2025, s. 17, for certain words (w.e.f. 08-04-2025).
2. Subs. by Act 14 of 2025, s. 17, for certain words (w.e.f. 08-04-2025).
Section 29 Powers of Chief Executive Officer to inspect records, registers, etc.
1[(1)] The Chief Executive Officer or any officer of the Board duly authorised by him in this behalf shall, 2[subject to such conditions as may be prescribed], be entitled at all reasonable time to inspect, in any public office, any records, registers or other documents relating to a 3[waqf], or movable or immovable properties which are 3[waqf] properties or are claimed to be 3[waqf] properties.
4[(2) The mutawalli or any other person having the custody of any document related to waqf properties shall produce the same, within the prescribed period, before the Chief Executive Officer on being called upon to do so in writing.
(3) Subject to such conditions as may be prescribed, an agency of the Government or any other organisation shall supply, within ten working days, copies of the records, registers of properties or other documents relating to waqf properties or claimed to be waqf properties, to the Chief Executive Officer on a written request to this effect from him:
Provided that before taking any course of action as mentioned in sub-sections (2) and (3), the Chief Executive Officer shall obtain approval of the Board.]
4[(2) The mutawalli or any other person having the custody of any document related to waqf properties shall produce the same, within the prescribed period, before the Chief Executive Officer on being called upon to do so in writing.
(3) Subject to such conditions as may be prescribed, an agency of the Government or any other organisation shall supply, within ten working days, copies of the records, registers of properties or other documents relating to waqf properties or claimed to be waqf properties, to the Chief Executive Officer on a written request to this effect from him:
Provided that before taking any course of action as mentioned in sub-sections (2) and (3), the Chief Executive Officer shall obtain approval of the Board.]
1. S. 29 numbered as sub-section (1) thereof by s. 20, ibid. (w.e.f. 1-11-2013).
2. Subs. by s. 20, ibid., for certain words (w.e.f.1-11-2013).
3. Subs. by s. 4, ibid., for "wakf"(w.e.f. 1-11-2013).
4. Ins. by s. 20, ibid. (w.e.f. 1-11-2013).
2. Subs. by s. 20, ibid., for certain words (w.e.f.1-11-2013).
3. Subs. by s. 4, ibid., for "wakf"(w.e.f. 1-11-2013).
4. Ins. by s. 20, ibid. (w.e.f. 1-11-2013).
Section 30 Inspection of records.
(1) The Board may allow inspection of its proceedings or other records in its custody and issue copies of the same on payment of such fees and subject to such conditions as may be prescribed.
(2) All copies issued under this section shall be certified by the Chief Executive Officer of the Board in the manner provided in 1[section 75 of the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023)].
(3) The powers conferred on the Chief Executive Officer by sub-section (2) may be exercised by such other officer or officers of the Board as may either generally or specially be authorised in this behalf by the Board.
(2) All copies issued under this section shall be certified by the Chief Executive Officer of the Board in the manner provided in 1[section 75 of the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023)].
(3) The powers conferred on the Chief Executive Officer by sub-section (2) may be exercised by such other officer or officers of the Board as may either generally or specially be authorised in this behalf by the Board.
1. Subs. by Act 14 of 2025, s. 18, for "section 76 of the Indian Evidence Act, 1872 (1 of 1872)" (w.e.f. 08-04-2025).
Section 31 Prevention of disqualification for membership of Parliament.
It is hereby declared that the offices of the Chairperson or member of a Board shall not be disqualified and shall be deemed never to have been disqualified for being chosen as, or for being, a Member of Parliament 1[or a Member of Union territory Legislature or a Member of a State Legislature if so declared under a law made by the appropriate State Legislature.]
1 Ins. by Act 27 of 2013, s. 21 (w.e.f. 01-11-2013).
Section 32 Powers and functions of the Board.
(1) Subject to any rules that may be made under this Act, the general superintendence of all 1[auqaf] in a State shall vest in the Board established or the State; and it shall be the duty of the Board so to exercise its powers under this Act as to ensure that the 1[auqaf] under its superintendence are properly maintained, controlled and administered and the income thereof is duly applied to the objects and for the purposes for which such 1[auqaf] were created or intended:
Provided that in exercising its powers under this Act in respect of any 2[waqf], the Board shall act in conformity with the directions of the 3[waqif], the purposes of the 2[waqf] and any usage or custom of the 2[waqf] sanctioned by the school of Muslim law to which the 2[waqf] belongs.
Explanation.--- For the removal of doubts, it is hereby declared that in this sub-section, "2[waqf]" includes a 2[waqf] in relation to which any scheme has been made by any court of law, whether before or after the commencement of this Act.
(2) Without prejudice to the generality of the foregoing power, the functions of the Board shall be---
(a) to maintain a record containing information relating to the origin, income, object and beneficiaries of every 2[waqf];
(b) to ensure that the income and other property of 1[auqaf] are applied to the objects and for the purposes for which such 1[auqaf] were intended or created;
(c) to give directions for the administration of 1[auqaf];
(d) to settle schemes of management for a 2[waqf]:
Provided that no such settlement shall be made without giving the parties affected an opportunity of being heard;
(e) to direct---
(i) the utilisation of the surplus income of a 2[waqf] consistent with the objects of 2[waqf];
(ii) in what manner the income of a 2[waqf], the objects of which are not evident from any written instrument, shall be utilised;
(iii) in any case where any object of 2[waqf] has ceased to exist or has become incapable of achievement, that so much of the income of the 2[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;
4* * * * *
(f) to scrutinise and approve the budgets submitted by mutawallis and to arrange for auditing of account of 1[auqaf];
(g) to appoint and remove mutawallis in accordance with the provisions of this Act;
(h) to take measures for the recovery of lost properties of any 2[waqf];
(i) to institute and defend suits and proceedings relating to1[auqaf];
5[(j) to sanction lease of any immovable property of a waqf in accordance with the provisions of this Act and the rules made thereunder:
Provided that no such sanction shall be given unless a majority of not less than two-thirds of the members of the Board present cast their vote in favour of such transaction:
Provided further that where no such sanction is given by the Board, the reasons for doing so shall be recorded in writing;]
(k) to administer the 2[waqf] Fund;
(l) to call for such returns, statistics, accounts and other information from the mutawallis with respect to the 2[waqf] property as the Board may, from time to time, require;
(m) to inspect, or cause inspection of, 2[waqf] properties, accounts, records or deeds and documents relating thereto;
(n) to investigate and determine the nature and extent of 2[waqf] and 2[waqf] property, and to cause, whenever necessary, a survey of such 2[waqf] property;
6[(na) to determine or cause to be determined, in such manner as may be specified by the Board, market rent of the waqf land or building;]
(o) generally do all such acts as may be necessary for the control, maintenance and administration of 1[auqaf].
(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 2[waqf] or affected by such settlement or direction may institute a suit in a Tribunal for setting aside such settlement or directions 7***.
(4) Where the Board is satisfied that any 2[waqf] land, which is a 2[waqf] property, 8[has the potential for development as an educational institution, shopping centre, market, housing or residential flats and the like], market, housing flats and the like, it may serve upon the mutawalli of the concerned 2[waqf] a notice requiring him within such time, but not less than sixty days, as may be specified in the notice, to convey its decision whether he is willing to execute the development works specified in the notice.
(5) On consideration of the reply, if any, received to the notice issued under sub-section (4), the Board, if it is satisfied that the mutawalli is not willing or is not capable of executing the works required to be executed in terms of the notice, it may, 9*** take over the property, clear it of any building or structure thereon, which, in the opinion of the Board is necessary for execution of the works and execute such works from 2[waqf] funds or from the finances which may be raised on the security of the properties of the 2[waqf] concerned, and control and manage the properties till such time as all expenses incurred by the Board under this section, together with interest thereon, the expenditure on maintenance of such works and other legitimate charges incurred on the property are recovered from the income derived from the property:
Provided that the Board shall compensate annually the mutawalli of the concerned 2[waqf] to the extent of the average annual net income derived from the property during the three years immediately preceding the taking over of the property by the Board.
(6) After all the expenses as enumerated in sub-section (5) have been recouped from the income of the developed properties, the developed properties shall be handed over to mutawalli of the concerned 2[waqf].
Provided that in exercising its powers under this Act in respect of any 2[waqf], the Board shall act in conformity with the directions of the 3[waqif], the purposes of the 2[waqf] and any usage or custom of the 2[waqf] sanctioned by the school of Muslim law to which the 2[waqf] belongs.
Explanation.--- For the removal of doubts, it is hereby declared that in this sub-section, "2[waqf]" includes a 2[waqf] in relation to which any scheme has been made by any court of law, whether before or after the commencement of this Act.
(2) Without prejudice to the generality of the foregoing power, the functions of the Board shall be---
(a) to maintain a record containing information relating to the origin, income, object and beneficiaries of every 2[waqf];
(b) to ensure that the income and other property of 1[auqaf] are applied to the objects and for the purposes for which such 1[auqaf] were intended or created;
(c) to give directions for the administration of 1[auqaf];
(d) to settle schemes of management for a 2[waqf]:
Provided that no such settlement shall be made without giving the parties affected an opportunity of being heard;
(e) to direct---
(i) the utilisation of the surplus income of a 2[waqf] consistent with the objects of 2[waqf];
(ii) in what manner the income of a 2[waqf], the objects of which are not evident from any written instrument, shall be utilised;
(iii) in any case where any object of 2[waqf] has ceased to exist or has become incapable of achievement, that so much of the income of the 2[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;
(f) to scrutinise and approve the budgets submitted by mutawallis and to arrange for auditing of account of 1[auqaf];
(g) to appoint and remove mutawallis in accordance with the provisions of this Act;
(h) to take measures for the recovery of lost properties of any 2[waqf];
(i) to institute and defend suits and proceedings relating to1[auqaf];
5[(j) to sanction lease of any immovable property of a waqf in accordance with the provisions of this Act and the rules made thereunder:
Provided that no such sanction shall be given unless a majority of not less than two-thirds of the members of the Board present cast their vote in favour of such transaction:
Provided further that where no such sanction is given by the Board, the reasons for doing so shall be recorded in writing;]
(k) to administer the 2[waqf] Fund;
(l) to call for such returns, statistics, accounts and other information from the mutawallis with respect to the 2[waqf] property as the Board may, from time to time, require;
(m) to inspect, or cause inspection of, 2[waqf] properties, accounts, records or deeds and documents relating thereto;
(n) to investigate and determine the nature and extent of 2[waqf] and 2[waqf] property, and to cause, whenever necessary, a survey of such 2[waqf] property;
6[(na) to determine or cause to be determined, in such manner as may be specified by the Board, market rent of the waqf land or building;]
(o) generally do all such acts as may be necessary for the control, maintenance and administration of 1[auqaf].
(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 2[waqf] or affected by such settlement or direction may institute a suit in a Tribunal for setting aside such settlement or directions 7***.
(4) Where the Board is satisfied that any 2[waqf] land, which is a 2[waqf] property, 8[has the potential for development as an educational institution, shopping centre, market, housing or residential flats and the like], market, housing flats and the like, it may serve upon the mutawalli of the concerned 2[waqf] a notice requiring him within such time, but not less than sixty days, as may be specified in the notice, to convey its decision whether he is willing to execute the development works specified in the notice.
(5) On consideration of the reply, if any, received to the notice issued under sub-section (4), the Board, if it is satisfied that the mutawalli is not willing or is not capable of executing the works required to be executed in terms of the notice, it may, 9*** take over the property, clear it of any building or structure thereon, which, in the opinion of the Board is necessary for execution of the works and execute such works from 2[waqf] funds or from the finances which may be raised on the security of the properties of the 2[waqf] concerned, and control and manage the properties till such time as all expenses incurred by the Board under this section, together with interest thereon, the expenditure on maintenance of such works and other legitimate charges incurred on the property are recovered from the income derived from the property:
Provided that the Board shall compensate annually the mutawalli of the concerned 2[waqf] to the extent of the average annual net income derived from the property during the three years immediately preceding the taking over of the property by the Board.
(6) After all the expenses as enumerated in sub-section (5) have been recouped from the income of the developed properties, the developed properties shall be handed over to mutawalli of the concerned 2[waqf].
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 s. 4,ibid., for "wakif" (w.e.f. 01-11-2013).
4. The Explanation and proviso omitted by Act 14 of 2025, s. 19 (w.e.f. 08-4-2025).
5. Subs. by Act 27 of 2013, s. 22, for clause (j) (w.e.f. 01-11-2013).
6. Ins. by s. 22,ibid. (w.e.f. 01-11-2013).
7. Certain words omitted by Act 14 of 2025, s. 19 (w.e.f. 08-04-2025).
8. Subs. by Act 27 of 2013, s. 22, for "offers a feasible potential for development as a shopping centre" (w.e.f. 01-11-2013).
9. The words "with the prior approval of the Government," omitted by s. 22, ibid. (w.e.f. 01-11-2013).
2. Subs. by s. 4,ibid., for "wakf" (w.e.f. 01-11-2013).
3. Subs. by s. 4,ibid., for "wakif" (w.e.f. 01-11-2013).
4. The Explanation and proviso omitted by Act 14 of 2025, s. 19 (w.e.f. 08-4-2025).
5. Subs. by Act 27 of 2013, s. 22, for clause (j) (w.e.f. 01-11-2013).
6. Ins. by s. 22,ibid. (w.e.f. 01-11-2013).
7. Certain words omitted by Act 14 of 2025, s. 19 (w.e.f. 08-04-2025).
8. Subs. by Act 27 of 2013, s. 22, for "offers a feasible potential for development as a shopping centre" (w.e.f. 01-11-2013).
9. The words "with the prior approval of the Government," omitted by s. 22, ibid. (w.e.f. 01-11-2013).
Section 33 Powers of inspection by Chief Executive Officer or persons authorised by him.
(1) With a view to examining whether, by reason of any failure or negligence on the part of a mutawalli in the performance of his executive or administrative duties, any loss or damage has been caused to any 1[waqf] or 1[waqf] property, the Chief Executive Officer 2[or any other person authorised by him in writing] with the prior approval of the Board, 3***, may inspect all movable and immovable properties, which are 1[waqf] properties, and all records, correspondences, plans, accounts and other documents relating thereto.
(2) Whenever any such inspection as referred to in sub-section (1) is made, the concerned mutawalli and all officers and other employees working under him and every person connected with the administration of the 1[waqf], shall extend to the person making such inspection, all such assistance and facilities as may be necessary and reasonably required by him to carry out such inspection, and shall also produce for inspection any movable property or documents relating to the 1[waqf] as may be called for by the person making the inspection and furnish to him such information relating to the 1[waqf] as may be required by him.
(3) Where, after any such inspection, it appears that the concerned mutawalli or any officer or other employee who is or was working under him had mis-appropriated, misapplied or fraudulently retained, any money or other 1[waqf] property, or had incurred irregular, unauthorised or improper expenditure from the funds of the 1[waqf], the Chief Executive Officer may, after giving the mutawalli or the person concerned a reasonable opportunity of showing cause why an order for the recovery of the amount or property, should not be passed against him and after considering such explanation, if any, as such person may furnish, determine the amount or the property which has been mis-appropriated, misapplied or fraudulently retained, or the amount of the irregular, unauthorised or improper expenditure incurred by such person, and make an order directing such person to make payment of the amount so determined and to restore the said property to the 1[waqf], within such time as may be specified in the order.
(4) A mutawalli or other person aggrieved by such order may, within thirty days of the receipt by him of the order, appeal to the Tribunal:
Provided that no such appeal shall be entertained by the Tribunal unless the appellant first deposits with the Chief Executive Officer the amount which has been determined under sub-section (3) as being payable by the appellant 4***.
(5) The Tribunal may, after taking such evidence as it may think fit, confirm, reverse or modify the order made by the Chief Executive Officer under sub-section (3) or may remit, either in whole or in part, the amount specified in such order and may make such orders as to costs as it may think appropriate in the circumstances of the case.
5* * * * *
(2) Whenever any such inspection as referred to in sub-section (1) is made, the concerned mutawalli and all officers and other employees working under him and every person connected with the administration of the 1[waqf], shall extend to the person making such inspection, all such assistance and facilities as may be necessary and reasonably required by him to carry out such inspection, and shall also produce for inspection any movable property or documents relating to the 1[waqf] as may be called for by the person making the inspection and furnish to him such information relating to the 1[waqf] as may be required by him.
(3) Where, after any such inspection, it appears that the concerned mutawalli or any officer or other employee who is or was working under him had mis-appropriated, misapplied or fraudulently retained, any money or other 1[waqf] property, or had incurred irregular, unauthorised or improper expenditure from the funds of the 1[waqf], the Chief Executive Officer may, after giving the mutawalli or the person concerned a reasonable opportunity of showing cause why an order for the recovery of the amount or property, should not be passed against him and after considering such explanation, if any, as such person may furnish, determine the amount or the property which has been mis-appropriated, misapplied or fraudulently retained, or the amount of the irregular, unauthorised or improper expenditure incurred by such person, and make an order directing such person to make payment of the amount so determined and to restore the said property to the 1[waqf], within such time as may be specified in the order.
(4) A mutawalli or other person aggrieved by such order may, within thirty days of the receipt by him of the order, appeal to the Tribunal:
Provided that no such appeal shall be entertained by the Tribunal unless the appellant first deposits with the Chief Executive Officer the amount which has been determined under sub-section (3) as being payable by the appellant 4***.
(5) The Tribunal may, after taking such evidence as it may think fit, confirm, reverse or modify the order made by the Chief Executive Officer under sub-section (3) or may remit, either in whole or in part, the amount specified in such order and may make such orders as to costs as it may think appropriate in the circumstances of the case.
1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).
2. Ins. by s. 23, ibid. (w.e.f. 1-11-2013).
3. The words "either himself or any other person authorised by him in writing in this behalf" omitted by s. 23, ibid. (w.e.f. 1-11-2013).
4. Certain words omitted by Act 14 of 2025, s. 20 (w.e.f. 08-04-2025).
5. Sub-section (6) omitted by s. 20, ibid. (w.e.f. 08-04-2025)..
2. Ins. by s. 23, ibid. (w.e.f. 1-11-2013).
3. The words "either himself or any other person authorised by him in writing in this behalf" omitted by s. 23, ibid. (w.e.f. 1-11-2013).
4. Certain words omitted by Act 14 of 2025, s. 20 (w.e.f. 08-04-2025).
5. Sub-section (6) omitted by s. 20, ibid. (w.e.f. 08-04-2025)..
Section 34 Recovery of the amount determined under section 33.
Where any mutawalli or other person who has been ordered, whether under sub-section (3) or sub-section (5) of section 33, to make any payment or to restore the possession of any property, omits or fails to make such payment or restoration within the time specified in such order, the Chief Executive Officer, with the prior approval of the Board shall, take such steps as he may think fit for the recovery of possession of the property aforesaid and shall also send a certificate to the Collector of the district in which the property of such mutawalli or other person is situate, stating therein the amount that has been determined by him or by the Tribunal, as the case may be, under section 33, as being payable by such mutawalli or other person, and, thereupon, the Collector shall recover the amount specified in such certificate as if it were an arrear of land revenue and on the recovery of such amount, pay the same to the Chief Executive Officer, who shall, on receipt thereof, credit the amount to the funds of the concerned 1[waqf].
1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).