The Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995
Administered Ministry: Ministry of Minority Affairs
Section
Section 53 Restriction on purchase of property on behalf of waqf.
53. Restriction on purchase of property on behalf of 1[waqf].---Notwithstanding anything contained in a1[waqf] deed, no immovable property shall be purchased for or on behalf of any 1[waqf] from the funds of any 1[waqf] except with prior sanction of the Board, and the Board shall not accord such sanction unless it considers that the acquisition of such property is necessary or beneficial to the 1[waqf] and that the price proposed to be paid therefor is adequate and reasonable:
Provided that before such sanction is accorded, the particulars relating to the proposed transaction shall be published in the Official Gazette inviting objections and suggestions with respect thereto and, the Board shall, after considering the objections and suggestions that may be received by it from mutawallis or other persons interested in the 1[waqf], make such orders as it may think fit.
Provided that before such sanction is accorded, the particulars relating to the proposed transaction shall be published in the Official Gazette inviting objections and suggestions with respect thereto and, the Board shall, after considering the objections and suggestions that may be received by it from mutawallis or other persons interested in the 1[waqf], make such orders as it may think fit.
1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 01-11-2013)
Section 54 Removal of encroachment from waqf property.
54. Removal of encroachment from 1[waqf] property.---(1) Whenever the Chief Executive Officer considers whether on receiving any complaint or on his own motion that there has been an encroachment on any land, building, space or other property which is 1[waqf] property and, which has been registered as such under this Act, he shall cause to be served upon the encroacher a notice specifying the particulars of the encroachment and calling upon him to show cause before a date to be specified in such notice, as to why an order requiring him to remove the encroachment before the date so specified should not be made and shall also send a copy of such notice to the concerned mutawalli.
(2) The notice referred to in sub-section (1) shall be served in such manner as may be prescribed.
(3) If, after considering the objections, received during the period specified in the notice, and after conducting an inquiry in such manner as may be prescribed, the Chief Executive Officer is satisfied that the property in question is 1[waqf] property and that there has been an encroachment on any such 1[waqf] property, 2[he may, make an application to the Tribunal for grant of order of eviction for removing] such encroachment and deliver possession of the land, building, space or other property encroached upon to the mutawalli of the 1[waqf].
3[(4) The Tribunal, upon receipt of such application from the Chief Executive Officer, for reasons to be recorded therein, make an order of eviction directing that the waqf property shall be vacated by all persons who may be in occupation thereof or any part thereof, and cause a copy of the order to be affixed on the outer door or some other conspicuous part of the waqf property:
Provided that the Tribunal may before making an order of eviction, give an opportunity of being heard to the person against whom the application for eviction has been made by the Chief Executive Officer.
(5) If any person refuses or fails to comply with the order of eviction within forty-five days from the date of affixture of the order under sub-section (2), the Chief Executive Officer or any other person duly authorised by him in this behalf may evict that person from, and take possession of, the waqf property.]
(2) The notice referred to in sub-section (1) shall be served in such manner as may be prescribed.
(3) If, after considering the objections, received during the period specified in the notice, and after conducting an inquiry in such manner as may be prescribed, the Chief Executive Officer is satisfied that the property in question is 1[waqf] property and that there has been an encroachment on any such 1[waqf] property, 2[he may, make an application to the Tribunal for grant of order of eviction for removing] such encroachment and deliver possession of the land, building, space or other property encroached upon to the mutawalli of the 1[waqf].
3[(4) The Tribunal, upon receipt of such application from the Chief Executive Officer, for reasons to be recorded therein, make an order of eviction directing that the waqf property shall be vacated by all persons who may be in occupation thereof or any part thereof, and cause a copy of the order to be affixed on the outer door or some other conspicuous part of the waqf property:
Provided that the Tribunal may before making an order of eviction, give an opportunity of being heard to the person against whom the application for eviction has been made by the Chief Executive Officer.
(5) If any person refuses or fails to comply with the order of eviction within forty-five days from the date of affixture of the order under sub-section (2), the Chief Executive Officer or any other person duly authorised by him in this behalf may evict that person from, and take possession of, the waqf property.]
1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).
2. Subs. by s. 32, ibid., for "he may, by an order, require the encroacher to remove" (w.e.f. 1-11-2013).
3. Subs. by s. 32, ibid., for sub-section (4) (w.e.f. 1-11-2013).
2. Subs. by s. 32, ibid., for "he may, by an order, require the encroacher to remove" (w.e.f. 1-11-2013).
3. Subs. by s. 32, ibid., for sub-section (4) (w.e.f. 1-11-2013).
Section 55 Enforcement of orders made under section 54.
Where the person, ordered under 1[sub-section (4)] of section 54 to remove any encroachment, omits or fails to remove such encroachment, within the time specified in the order or, as the case may be, fails to vacate the land, building, space or other property to which the order relates, within the time aforesaid, the Chief Executive Officer may 2[refer the order of the Tribunal to the Executive Magistrate] within the local limits of whose jurisdiction the land, building, space or other property, is situate for evicting the encroacher, and, thereupon, such Magistrate shall make an order directing the encroacher to remove the encroachment, or, as the case may be, vacate the land, building, space or other property and to deliver possession thereof to the concerned mutawalli and in default of compliance with the order, remove the encroachment or, as the case may be, evict the encroacher from the land, building, space or other property and may, for this purpose, take such police assistance as may be necessary.
1. Subs. by s. 33, ibid., for "sub-section (3)" (w.e.f. 1-11-2013).
2. Subs. by s. 33, ibid., for "apply to the Sub-Divisional Magistrate" (w.e.f. 1-11-2013).
2. Subs. by s. 33, ibid., for "apply to the Sub-Divisional Magistrate" (w.e.f. 1-11-2013).
Section 55A Disposal of property left on waqf property by unauthorised occupants.
1[55A. Disposal of property left on waqf property by unauthorised occupants.--- (1) Where any person has been evicted from any waqf property under sub-section (4) of section 54, the Chief Executive Officer may, after giving fourteen days' notice to the person from whom possession of the waqf property has been taken and after publishing the notice in at least one newspaper having circulation in the locality and after proclaiming the contents of the notice by placing it on conspicuous part of the waqf property, remove or cause to be removed or dispose of by public auction any property remaining on such premises.
(2) Where any property is sold under sub-section (1), the sale proceeds shall, after deducting the expenses relating to removal, sale and such other expenses, the amount, if any, due to the State Government or a local authority or a corporate authority on account of arrears of rent, damages or costs, be paid to such person, as may appear to the Chief Executive Officer to be entitled to the same:
Provided that where the Chief Executive Officer is unable to decide as to the person to whom the balance of the amount is payable or as to the appointment of the same, he may refer such dispute to the Tribunal 2****.]
(2) Where any property is sold under sub-section (1), the sale proceeds shall, after deducting the expenses relating to removal, sale and such other expenses, the amount, if any, due to the State Government or a local authority or a corporate authority on account of arrears of rent, damages or costs, be paid to such person, as may appear to the Chief Executive Officer to be entitled to the same:
Provided that where the Chief Executive Officer is unable to decide as to the person to whom the balance of the amount is payable or as to the appointment of the same, he may refer such dispute to the Tribunal 2****.]
1. Ins. by Act 27 of 2013, s. 34, (w.e.f. 1-11-2013).
2. Certain words omitted by Act 14 of 2025, s. 31 (w.e.f. 08-04-2025).
2. Certain words omitted by Act 14 of 2025, s. 31 (w.e.f. 08-04-2025).
Section 56 Restriction on power to grant lease of waqf property. 3 docs
56. Restriction on power to grant lease of 1[waqf] property.--(1) 2[A lease for any period exceeding thirty years] of any immovable property which is 1[waqf] property, shall, notwithstanding anything contained in the deed or instrument of 1[waqf] or in any other law for the time being in force, be void and of no effect:
3[Provided that a lease for any period up to thirty years may be made for commercial activities, education or health purposes, with the approval of the State Government, for such period and purposes as may be specified in the rules made by the Central Government:
Provided further that lease of any immovable waqf property, which is an agricultural land, for a period exceeding three years shall, notwithstanding anything contained in the deed or instrument of waqf or in any other law for the time being in force, be void and of no effect:
Provided also that before making lease of any waqf property, the Board shall publish the details of lease and invite bids in at least one leading national and regional news papers.]
(2) 4[A lease for a period of one year but not exceeding thirty years] of immovable property which is 1[waqf] property shall, notwithstanding anything contained in the deed or instrument of 1[waqf] or in any other law for the time being in force, be void and of no effect unless it is made with the previous sanction of the Board.
(3) The Board shall, in granting sanction for lease 5*** or renewal thereof under this section review the terms and conditions on which the lease 5*** is proposed to be granted or renewed and make its approval subject to the revision of such terms and conditions in such manner as it may direct:
3[Provided that the Board shall immediately intimate the State Government regarding a lease for any period exceeding three years of any waqf property and thereafter it may become effective after the expiry of forty-five days from the date on which the Board intimates the State Government.]
3[(4) Every rule made by the Central Government under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session for a total period of thirty days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]
3[Provided that a lease for any period up to thirty years may be made for commercial activities, education or health purposes, with the approval of the State Government, for such period and purposes as may be specified in the rules made by the Central Government:
Provided further that lease of any immovable waqf property, which is an agricultural land, for a period exceeding three years shall, notwithstanding anything contained in the deed or instrument of waqf or in any other law for the time being in force, be void and of no effect:
Provided also that before making lease of any waqf property, the Board shall publish the details of lease and invite bids in at least one leading national and regional news papers.]
(2) 4[A lease for a period of one year but not exceeding thirty years] of immovable property which is 1[waqf] property shall, notwithstanding anything contained in the deed or instrument of 1[waqf] or in any other law for the time being in force, be void and of no effect unless it is made with the previous sanction of the Board.
(3) The Board shall, in granting sanction for lease 5*** or renewal thereof under this section review the terms and conditions on which the lease 5*** is proposed to be granted or renewed and make its approval subject to the revision of such terms and conditions in such manner as it may direct:
3[Provided that the Board shall immediately intimate the State Government regarding a lease for any period exceeding three years of any waqf property and thereafter it may become effective after the expiry of forty-five days from the date on which the Board intimates the State Government.]
3[(4) Every rule made by the Central Government under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session for a total period of thirty days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]
1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).
2. Subs. by, s. 35, ibid., for "A lease or sub-lease for any period exceeding three years" (w.e.f. 1-11-2013).
3. Ins. by s. 35, ibid. (w.e.f. 1-11-2013).
4. Subs. by s. 35, ibid., for "A lease or sub-lease for any period exceeding one year and not exceeding three years" (w.e.f. 1-11-2013).
5. The words "or sub-lease" omitted by s. 35, ibid. (w.e.f. 1-11-2013).
2. Subs. by, s. 35, ibid., for "A lease or sub-lease for any period exceeding three years" (w.e.f. 1-11-2013).
3. Ins. by s. 35, ibid. (w.e.f. 1-11-2013).
4. Subs. by s. 35, ibid., for "A lease or sub-lease for any period exceeding one year and not exceeding three years" (w.e.f. 1-11-2013).
5. The words "or sub-lease" omitted by s. 35, ibid. (w.e.f. 1-11-2013).
Section 57 Mutawalli entitled to pay certain costs from income of waqf property.
57. Mutawalli entitled to pay certain costs from income of 1[waqf] property.--Notwithstanding anything contained in the 1[waqf] deed, every mutawalli may pay from the income of the 1[waqf] property any expenses properly incurred by him for the purpose of enabling him to furnish any particulars, documents or copies under section 36 or any accounts under section 46 or any information or documents required by the Board or for the purpose of enabling him to carry out the directions of the Board.
1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).
Section 58 Power of Board to pay dues in case of default by mutawalli.
(1) Where a mutawalli refuses to pay or fails to pay any revenue, cess, rates or taxes due to the Government or any local authority, the Board may discharge dues from the 1[Waqf] Fund and may recover the amount so paid from the 1[waqf] property and may also recover damages not exceeding twelve and a half per cent. of the amount so paid.
(2) Any sum of money due under sub-section (1) may, on a certificate issued by the Board after giving the mutawalli concerned an opportunity of being heard, be recovered in the same manner as an arrear of land revenue.
(2) Any sum of money due under sub-section (1) may, on a certificate issued by the Board after giving the mutawalli concerned an opportunity of being heard, be recovered in the same manner as an arrear of land revenue.
1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).
Section 59 Creation of reserve fund.
For the purpose of making provisions for the payment of rent and of revenue, cess, rates and taxes due to the Government or any local authority, for the discharge of the expenses of the repair of the 1[waqf] property and for the preservation of the 1[waqf] property, the Board may direct the creation and maintenance, in such manner as it may think fit, of a reserve fund from the income of a 1[waqf].
1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).
Section 60 Extension of time.
The Board may, if its is satisfied that it is necessary so to do, extend the time within which any act is required to be done by the mutawalli under this Act.
Section 61 Penalties.
(1) If a mutawalli fails to---
(a) apply for the registration of a 2[auqaf];
(b) furnish statements of particulars or accounts or returns as required under this Act;
(c) supply information or particulars as required by the Board;
(d) allow inspection of 1[waqf] properties, accounts, records or deeds and documents relating thereto;
3* * * * *
(g) discharge any public dues; or
(h) do any other act which he is lawfully required to do by or under this Act,
4[he shall, unless he satisfies the court or the Tribunal that there was reasonable cause for his failure, be punishable with a fine which shall not be less than twenty thousand rupees but which may extend to fifty thousand rupees.]
5[(1A) If a mutawalli fails to---
(i) deliver possession of any waqf property, if ordered by the Board or the Tribunal;
(ii) carry out the directions of the Collector or the Board;
(iii) do any other act which he is lawfully required to do by or under this Act;
(iv) provide statement of accounts under section 46;
(v) upload the details of waqf under section 3B,
he shall be punishable with imprisonment for a term which may extend to six months and also with a fine which shall not be less than twenty thousand rupees but which may extend to one lakh rupees.]
(2) Notwithstanding anything contained in sub-section (1), if---
(a) a mutawalli omits or fails, with a view to concealing the existence of a 1[waqf], to apply for its registration under this Act,---
(i) in the case of a 1[waqf] created before the commencement of this Act, within the period specified therefor in sub-section (8) of section 36;
(ii) in the case of any 1[waqf] created after such commencement, within three months from the date of the creation of the1[waqf]; or
(b) a mutawalli furnishes any statement, return, or information to the Board, which he knows or has reason to believe to be false, misleading, untrue or incorrect in any material particular,
he shall be punishable with imprisonment for a term which may extend to six months and also with fine which may extend to fifteen thousand rupees.
(3) No court, shall take cognizance of an offence punishable under this Act save upon complaint made by the Board or an officer duly authorised by the board in this behalf.
(4) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under this Act.
(5) Notwithstanding anything contained in the 5[the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)], the fine imposed under sub-section (1), when realised, shall be credited to the 1[Waqf] Fund.
(6) In every case where offender is convicted after the commencement of this Act, of an offence punishable under sub-section (1) and sentenced to a fine, the court shall also impose such term of imprisonment in default of payment of fine as is authorised by law for such default.
(a) apply for the registration of a 2[auqaf];
(b) furnish statements of particulars or accounts or returns as required under this Act;
(c) supply information or particulars as required by the Board;
(d) allow inspection of 1[waqf] properties, accounts, records or deeds and documents relating thereto;
(g) discharge any public dues; or
(h) do any other act which he is lawfully required to do by or under this Act,
4[he shall, unless he satisfies the court or the Tribunal that there was reasonable cause for his failure, be punishable with a fine which shall not be less than twenty thousand rupees but which may extend to fifty thousand rupees.]
5[(1A) If a mutawalli fails to---
(i) deliver possession of any waqf property, if ordered by the Board or the Tribunal;
(ii) carry out the directions of the Collector or the Board;
(iii) do any other act which he is lawfully required to do by or under this Act;
(iv) provide statement of accounts under section 46;
(v) upload the details of waqf under section 3B,
he shall be punishable with imprisonment for a term which may extend to six months and also with a fine which shall not be less than twenty thousand rupees but which may extend to one lakh rupees.]
(2) Notwithstanding anything contained in sub-section (1), if---
(a) a mutawalli omits or fails, with a view to concealing the existence of a 1[waqf], to apply for its registration under this Act,---
(i) in the case of a 1[waqf] created before the commencement of this Act, within the period specified therefor in sub-section (8) of section 36;
(ii) in the case of any 1[waqf] created after such commencement, within three months from the date of the creation of the1[waqf]; or
(b) a mutawalli furnishes any statement, return, or information to the Board, which he knows or has reason to believe to be false, misleading, untrue or incorrect in any material particular,
he shall be punishable with imprisonment for a term which may extend to six months and also with fine which may extend to fifteen thousand rupees.
(3) No court, shall take cognizance of an offence punishable under this Act save upon complaint made by the Board or an officer duly authorised by the board in this behalf.
(4) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under this Act.
(5) Notwithstanding anything contained in the 5[the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)], the fine imposed under sub-section (1), when realised, shall be credited to the 1[Waqf] Fund.
(6) In every case where offender is convicted after the commencement of this Act, of an offence punishable under sub-section (1) and sentenced to a fine, the court shall also impose such term of imprisonment in default of payment of fine as is authorised by law for such default.
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).
3. Cls. (e) and (f) omitted by Act 14 of 2025, s. 32 (w.e.f. 08-04-2025).
4. Subs. by s. 32,, ibid., for long line (w.e.f. 08-04-2025).
5. Ins. by s. 32, , ibid. (w.e.f. 08-04-2025).
6. Subs. by Act 14 of 2025, s. 32, for "the Code of Criminal Procedure, 1973 (2 of 1974)" (w.e.f. 08-04-2025).
2. Subs. by s. 4, ibid., for "wakfs" (w.e.f. 1-11-2013).
3. Cls. (e) and (f) omitted by Act 14 of 2025, s. 32 (w.e.f. 08-04-2025).
4. Subs. by s. 32,, ibid., for long line (w.e.f. 08-04-2025).
5. Ins. by s. 32, , ibid. (w.e.f. 08-04-2025).
6. Subs. by Act 14 of 2025, s. 32, for "the Code of Criminal Procedure, 1973 (2 of 1974)" (w.e.f. 08-04-2025).
Section 62 Mutawalli not to spend any money belonging to waqf for self defence.
62. Mutawalli not to spend any money belonging to 1[waqf] for self defence.--- No mutawalli shall spend any money out of the funds of the 1[waqf], of which he is the mutawalli, for meeting any costs, charges, or expenses which are or may be, incurred by him, in relation to any suit, appeal or any other proceeding for, or incidental to, his removal from office or for taking any disciplinary action against himself.
1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).
Section 63 Power to appoint mutawallis in certain cases.
When there is a vacancy in the office of the mutawalli of a 1[waqf] and there is no one to be appointed under the terms of the deed of the 1[waqf], or where the right of any person to act as mutawalli is disputed, the board may appoint any person to act as mutawalli for such period and on such conditions as it may think fit.
1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013)..
Section 64 Removal of mutawalli.
(1) Notwithstanding anything contained in any other law or the deed of 1[waqf], the Board may remove a mutawalli from his office if such mutawalli---
(a) has been convicted more than once of an offence punishable under section 61; or
(b) has been convicted of any offence of criminal breach of trust or any other offence involving moral turpitude, and such conviction has not been reversed and he has not been granted full pardon with respect to such offence; or
(c) is of unsound mind or is suffering from other mental or physical defect or infirmity which would render him unfit to perform the functions and discharge the duties of a mutawalli; or
(d) is an undischarged insolvent; or
(e) is proved to be addicted to drinking liquor or other spirituous preparations, or is addicted to the taking of any narcotic drugs; or
(f) is employed as paid legal practitioner on behalf of, or against, the 1[waqf]; or
2[(g) has failed, without reasonable excuse, to maintain regular accounts for one year or has failed to submit, within one year, the yearly statement of accounts, as required by section 46; or]
(h) is interested, directly or indirectly, in a subsisting lease in respect of an1[waqf] property, or in any contract made with, or any work being done for, the 1[waqf] or is in arrears in respect of any sum due by him to such 1[waqf]; or
(i) continuously neglects his duties or commits any misfeasance , malfeasance, misapplication of funds or breach of trust in relation to the 1[waqf] or in respect of any money or other 1[waqf] property; or
(j) wilfully and persistently disobeys the lawful orders made by the Central Government, State Government, Board under any provision of this Act or rule or order made thereunder;
(k) misappropriates or fraudulently deals with the property of the 1[waqf];
3[(l) is a member of any association which has been declared unlawful under the Unlawful Activities (Prevention) Act, 1967 (37 of 1967).]
(2) The removal of a person from the office of the mutawalli shall not affect his personal rights, if any, in respect of the 1[waqf] property either as a beneficiary or in any other capacity or his right, if any, as a sajjadanashin.
(3) No action shall be taken by the Board under sub-section (1), unless it has held an inquiry into the matter in a prescribed manner and the decision has been taken by a majority of not less than two-thirds of the members of the Board.
(4) A mutawalli who is aggrieved by an order passed under any of the clauses (c) to (i) of sub-section (1), may, within one month from the date of the receipt by him of the order, appeal against the order to the Tribunal 4***.
(5) Where any inquiry under sub-section (3) is proposed, or commenced, against any mutawalli, the Board may, if it is of opinion that it is necessary so to do in the interest of the 1[waqf], by an order suspend such mutawalli until the conclusion of the inquiry:
Provided that no suspension for a period exceeding ten days shall be made except after giving the mutawalli a reasonable opportunity of being heard against the proposed action.
(6) Where any appeal is filed by the mutawalli to the Tribunal under sub-section (4), the Board may make an application to the Tribunal for the appointment of a receiver to manage the 1[waqf] pending the decision of the appeal, and where such an application is made, the Tribunal shall, notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908), appoint a suitable person as receiver to manage the1[waqf] and direct the receiver so appointed to ensure that the customary or religious rights of the mutawalli and of the 1[waqf] are safeguarded.
(7) Where a mutawalli has been removed from his office under sub-section (1), the Board may, by order, direct the mutawalli to deliver possession of the 1[waqf] property to the Board or any officer duly authorised in this behalf or to any person or committee appointed to act as the mutawalli of the 1[waqf] property.
(8) A mutawalli of a 1[waqf] removed from his office under this section shall not be eligible for re-appointment as a mutawalli of that 1[waqf] for a period of five years from the date of such removal.
(a) has been convicted more than once of an offence punishable under section 61; or
(b) has been convicted of any offence of criminal breach of trust or any other offence involving moral turpitude, and such conviction has not been reversed and he has not been granted full pardon with respect to such offence; or
(c) is of unsound mind or is suffering from other mental or physical defect or infirmity which would render him unfit to perform the functions and discharge the duties of a mutawalli; or
(d) is an undischarged insolvent; or
(e) is proved to be addicted to drinking liquor or other spirituous preparations, or is addicted to the taking of any narcotic drugs; or
(f) is employed as paid legal practitioner on behalf of, or against, the 1[waqf]; or
2[(g) has failed, without reasonable excuse, to maintain regular accounts for one year or has failed to submit, within one year, the yearly statement of accounts, as required by section 46; or]
(h) is interested, directly or indirectly, in a subsisting lease in respect of an1[waqf] property, or in any contract made with, or any work being done for, the 1[waqf] or is in arrears in respect of any sum due by him to such 1[waqf]; or
(i) continuously neglects his duties or commits any misfeasance , malfeasance, misapplication of funds or breach of trust in relation to the 1[waqf] or in respect of any money or other 1[waqf] property; or
(j) wilfully and persistently disobeys the lawful orders made by the Central Government, State Government, Board under any provision of this Act or rule or order made thereunder;
(k) misappropriates or fraudulently deals with the property of the 1[waqf];
3[(l) is a member of any association which has been declared unlawful under the Unlawful Activities (Prevention) Act, 1967 (37 of 1967).]
(2) The removal of a person from the office of the mutawalli shall not affect his personal rights, if any, in respect of the 1[waqf] property either as a beneficiary or in any other capacity or his right, if any, as a sajjadanashin.
(3) No action shall be taken by the Board under sub-section (1), unless it has held an inquiry into the matter in a prescribed manner and the decision has been taken by a majority of not less than two-thirds of the members of the Board.
(4) A mutawalli who is aggrieved by an order passed under any of the clauses (c) to (i) of sub-section (1), may, within one month from the date of the receipt by him of the order, appeal against the order to the Tribunal 4***.
(5) Where any inquiry under sub-section (3) is proposed, or commenced, against any mutawalli, the Board may, if it is of opinion that it is necessary so to do in the interest of the 1[waqf], by an order suspend such mutawalli until the conclusion of the inquiry:
Provided that no suspension for a period exceeding ten days shall be made except after giving the mutawalli a reasonable opportunity of being heard against the proposed action.
(6) Where any appeal is filed by the mutawalli to the Tribunal under sub-section (4), the Board may make an application to the Tribunal for the appointment of a receiver to manage the 1[waqf] pending the decision of the appeal, and where such an application is made, the Tribunal shall, notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908), appoint a suitable person as receiver to manage the1[waqf] and direct the receiver so appointed to ensure that the customary or religious rights of the mutawalli and of the 1[waqf] are safeguarded.
(7) Where a mutawalli has been removed from his office under sub-section (1), the Board may, by order, direct the mutawalli to deliver possession of the 1[waqf] property to the Board or any officer duly authorised in this behalf or to any person or committee appointed to act as the mutawalli of the 1[waqf] property.
(8) A mutawalli of a 1[waqf] removed from his office under this section shall not be eligible for re-appointment as a mutawalli of that 1[waqf] for a period of five years from the date of such removal.
1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).
2. Subs. by Act 14 of 2025, s. 33, for clause (g) (w.e.f. 08-04-2025).
3. Ins. by s. 33,ibid. (w.e.f. 08-04-202
4. Certain words omitted by Act 14 of 2025, s. 33 (w.e.f. 08-04-2025)
2. Subs. by Act 14 of 2025, s. 33, for clause (g) (w.e.f. 08-04-2025).
3. Ins. by s. 33,ibid. (w.e.f. 08-04-202
4. Certain words omitted by Act 14 of 2025, s. 33 (w.e.f. 08-04-2025)
Section 65 Assumption of direct management of certain auqaf by the Board.
65. Assumption of direct management of certain 1[auqaf] by the Board.--- (1) Where no suitable person is available for appointment as a mutawalli of a 2[waqf], or where the Board is satisfied, for reasons to be recorded by it in writing, that the filling up of the vacancy in the office of a mutawalli is prejudicial to the interests of the 2[waqf], the Board may, by notification in the Official Gazette, assume direct management of the 2[waqf] for such period or periods, not exceeding five years in the aggregate, as may be specified in the notification.
(2) The State Government may, on its own motion or on the application of any person interested in the 2[waqf], call for the records of any case for the purpose of satisfying itself as to the correctness, legality or propriety of the notification issued by the Board under sub-section (1) and pass such orders as it may think fit and the orders so made by the State Government shall be final and shall be published in the manner specified in sub-section (1).
(3) 3[Within six months] after the close of every financial year, the Board shall send to the State Government a detailed report in regard to every 2[waqf] under its direct management, giving therein---
(a) the details of the income of the 2[waqf] for the year immediately preceding the year under report;
(b) the steps taken to improve the management and income of the 2[waqf];
(c) the period during which the 2[waqf] has been under the direct management of the Board and explaining the reasons as to why it has not been possible to entrust the management of the2[waqf] to the mutawalli or any committee of management during the year; and
(d) such other matters as may be prescribed.
(4) The State Government shall examine the report submitted to it under sub-section (3), and after such examination, issue such directions or instructions to the Board as it may think fit and the Board shall comply with such directions or instructions on receipt thereof.
4[(5) Notwithstanding anything contained in sub-section (1), the Board shall take over the administration of a waqf, if the waqf Board has evidence before it to prove that management of the waqf has contravened the provisions of this Act.]
(2) The State Government may, on its own motion or on the application of any person interested in the 2[waqf], call for the records of any case for the purpose of satisfying itself as to the correctness, legality or propriety of the notification issued by the Board under sub-section (1) and pass such orders as it may think fit and the orders so made by the State Government shall be final and shall be published in the manner specified in sub-section (1).
(3) 3[Within six months] after the close of every financial year, the Board shall send to the State Government a detailed report in regard to every 2[waqf] under its direct management, giving therein---
(a) the details of the income of the 2[waqf] for the year immediately preceding the year under report;
(b) the steps taken to improve the management and income of the 2[waqf];
(c) the period during which the 2[waqf] has been under the direct management of the Board and explaining the reasons as to why it has not been possible to entrust the management of the2[waqf] to the mutawalli or any committee of management during the year; and
(d) such other matters as may be prescribed.
(4) The State Government shall examine the report submitted to it under sub-section (3), and after such examination, issue such directions or instructions to the Board as it may think fit and the Board shall comply with such directions or instructions on receipt thereof.
4[(5) Notwithstanding anything contained in sub-section (1), the Board shall take over the administration of a waqf, if the waqf Board has evidence before it to prove that management of the waqf has contravened the provisions of this Act.]
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).
3. Subs. by Act 14 of 2025, s. 34, for "As soon as possible" (w.e.f. 08-04-2025).
4. Ins. by Act 27 of 2013, s. 37 (w.e.f. 01-11-2013)
2. Subs. by s. 4, ibid., for "wakf" (w.e.f. 1-11-2013).
3. Subs. by Act 14 of 2025, s. 34, for "As soon as possible" (w.e.f. 08-04-2025).
4. Ins. by Act 27 of 2013, s. 37 (w.e.f. 01-11-2013)
Section 66 Powers of appointment and removal of mutawalli when to be exercised by the State Government.
Whenever a deed of 1[waqf] or any decree or order of a court of any scheme of management of any 1[waqf] provides that a court or any authority other than a Board may appoint or remove a mutawalli or settle or modify such scheme of management or otherwise exercise superintendence over the 1[waqf], then, notwithstanding anything contained in such deed of 1[waqf], decree, order or scheme, such powers aforesaid shall be exercisable by the State Government:
Provided that where a Board has been established, the State Government shall consult the Board before exercising such powers.
Provided that where a Board has been established, the State Government shall consult the Board before exercising such powers.
1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).
Section 67 Supervision and supersession of committee of management.
(1) Whenever the supervision or management of a 1[waqf] is vested in any committee appointed by the 1[waqf], then, notwithstanding anything contained in this Act, such committee shall continue to function until it is superseded by the Board or until the expiry of its term as may be specified by the 1[waqf], whichever is earlier:
Provided that such committee shall function under the direction, control and supervision of the Board and abide by such directions as the Board may issue from time to time:
Provided further that if the Board is satisfied that any scheme for the management of a 1[waqf] by a committee is inconsistent with any provision of this Act or of any rule made thereunder or with the directions of the 1[waqf], it may, at any time, modify the scheme in such manner as may be necessary to bring it in conformity with the directions of the 1[waqf] or of the provisions of this Act and the rules made thereunder.
(2) Notwithstanding anything contained in this Act and in the deed of the 1[waqf], the Board may, if it is satisfied, for reasons to be recorded in writing, that a committee, referred to in sub-section (1) is not functioning properly and satisfactorily, or that the 1[waqf] is being mismanaged and that in the interest of its proper management, it is necessary so to do, by an order, supersede such committee, and, on such supersession, any direction of the 1[waqf], in so far as it relates to the constitution of the committee, shall cease to have any force:
Provided that the Board shall, before making any order superseding any committee, issue a notice setting forth therein the reasons for the proposed action and calling upon the Committee to show cause within such time, not being less than one month, as may be specified in the notice, as to why such action shall not be taken.
(3) Every order made by the Board under sub-section (2) shall be published in the prescribed manner and on such publication shall be binding on the mutawalli and all persons having any interest in the 1[waqf].
2[(4) Any person aggrieved by the order made under sub-section (2) may, within ninety days from the date of the order, appeal to the Tribunal:]
Provided that any person aggrieved by the order made under sub-section (2) may, within sixty days from the date of the order, appeal to the Tribunal:
Provided further that the Tribunal shall have no power to suspend the operation of the order made by the Board pending such appeal.
(5) The Board shall, whenever it supersedes any committee under sub-section (2), constitute a new committee of management simultaneously with the order made by it under sub-section (2).
(6) Notwithstanding anything contained in the foregoing sub-sections, the Board may, instead of superseding any committee under sub-section (2), remove any member thereof if it is satisfied that such member has abused his position as such member or had knowingly acted in a manner prejudicial to the interests of the 1[waqf], and every such order for the removal of any member shall be served upon him by registered post:
Provided that no order for the removal of the member shall be made unless he has been given a reasonable opportunity of showing cause against the proposed action:
Provided further that any member aggrieved by any order for his removal from the membership of the committee may, within a period of thirty days from the date of service of the order on him, prefer an appeal against such order to the Tribunal and Tribunal may, after giving a reasonable opportunity to the appellant and the Board of being heard, confirm, modify or reverse the order made by the Board 3****.
Provided that such committee shall function under the direction, control and supervision of the Board and abide by such directions as the Board may issue from time to time:
Provided further that if the Board is satisfied that any scheme for the management of a 1[waqf] by a committee is inconsistent with any provision of this Act or of any rule made thereunder or with the directions of the 1[waqf], it may, at any time, modify the scheme in such manner as may be necessary to bring it in conformity with the directions of the 1[waqf] or of the provisions of this Act and the rules made thereunder.
(2) Notwithstanding anything contained in this Act and in the deed of the 1[waqf], the Board may, if it is satisfied, for reasons to be recorded in writing, that a committee, referred to in sub-section (1) is not functioning properly and satisfactorily, or that the 1[waqf] is being mismanaged and that in the interest of its proper management, it is necessary so to do, by an order, supersede such committee, and, on such supersession, any direction of the 1[waqf], in so far as it relates to the constitution of the committee, shall cease to have any force:
Provided that the Board shall, before making any order superseding any committee, issue a notice setting forth therein the reasons for the proposed action and calling upon the Committee to show cause within such time, not being less than one month, as may be specified in the notice, as to why such action shall not be taken.
(3) Every order made by the Board under sub-section (2) shall be published in the prescribed manner and on such publication shall be binding on the mutawalli and all persons having any interest in the 1[waqf].
2[(4) Any person aggrieved by the order made under sub-section (2) may, within ninety days from the date of the order, appeal to the Tribunal:]
Provided that any person aggrieved by the order made under sub-section (2) may, within sixty days from the date of the order, appeal to the Tribunal:
Provided further that the Tribunal shall have no power to suspend the operation of the order made by the Board pending such appeal.
(5) The Board shall, whenever it supersedes any committee under sub-section (2), constitute a new committee of management simultaneously with the order made by it under sub-section (2).
(6) Notwithstanding anything contained in the foregoing sub-sections, the Board may, instead of superseding any committee under sub-section (2), remove any member thereof if it is satisfied that such member has abused his position as such member or had knowingly acted in a manner prejudicial to the interests of the 1[waqf], and every such order for the removal of any member shall be served upon him by registered post:
Provided that no order for the removal of the member shall be made unless he has been given a reasonable opportunity of showing cause against the proposed action:
Provided further that any member aggrieved by any order for his removal from the membership of the committee may, within a period of thirty days from the date of service of the order on him, prefer an appeal against such order to the Tribunal and Tribunal may, after giving a reasonable opportunity to the appellant and the Board of being heard, confirm, modify or reverse the order made by the Board 3****.
1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).
2. Subs. by Act 14 of 2025, s. 35, for sub-section (4) (w.e.f. 08-04-2025).
3. Certain words omitted by Act 14 of 2025, s. 35 (w.e.f. 08-04-2025).
2. Subs. by Act 14 of 2025, s. 35, for sub-section (4) (w.e.f. 08-04-2025).
3. Certain words omitted by Act 14 of 2025, s. 35 (w.e.f. 08-04-2025).
Section 68 Duty of mutawalli or committee to deliver possession of records, etc.
(1) Where any mutawalli or committee of management has been removed by the Board in accordance with provisions of this Act, or of any scheme made by the Board, the mutawalli or the committee so removed from the office (hereinafter in this section referred to as the removed mutawalli or committee) shall hand over charge and deliver possession of the records, accounts and all properties of the 2[waqf] (including cash) to the successor mutawalli or the successor committee, within one month from the date specified in the order.
(2) Where any removed mutawalli or committee fails to deliver charge or deliver possession of the records, accounts and properties (including cash) to the successor mutawalli or committee within the time specified in sub-section (1), or prevents or obstructs such mutawalli or committee, from obtaining possession thereof after expiry of the period aforesaid, the successor mutawalli or any member of the successor committee may make an application, accompanied by a certified copy of the order appointing such successor mutawalli or committee, to any 1[District Magistrate, Additional District Magistrate, Sub-Divisional Magistrate or their equivalent] within the local limits of whose jurisdiction any part of the 2[waqf] property is situated and, thereupon, such 1[District Magistrate, Additional District Magistrate, Sub-Divisional Magistrate or their equivalent] may, after giving notice to the removed mutawalli or members of the removed committee, make an order directing the delivery of charge and possession of such records, accounts and properties (including cash) of the 2[waqf] to the successor mutawalli or the committee, as the case may be, within such time as may be specified in the order.
(3) Where the removed mutawalli or any member of the removed committee, omits or fails to deliver charge and possession of the records, accounts and properties (including cash) within the time specified by 3[any Magistrate] under sub-section (2), the removed mutawalli or every member of the removed committee, as the case may be, shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to eight thousand rupees, or with both.
(4) Whenever any removed mutawalli or any member of the removed committee omits or fails to comply with the orders made by 3[any Magistrate] under sub-section (2), 3[any Magistrate] may authorise the successor mutawalli or committee to take charge and possession of such records, accounts, properties (including cash) and may authorise such person to take such police assistance as may be necessary for the purpose.
(5) No order of appointment of the successor mutawalli or committee, shall be called in question in the proceedings before 3[any Magistrate] under this section.
(6) Nothing contained in this section shall bar the institution of any suit in a competent civil court by any person aggrieved by any order made under this section, to establish that he has right, title and interest in the properties specified in the order made by 3[any Magistrate] under sub-section (2).
(2) Where any removed mutawalli or committee fails to deliver charge or deliver possession of the records, accounts and properties (including cash) to the successor mutawalli or committee within the time specified in sub-section (1), or prevents or obstructs such mutawalli or committee, from obtaining possession thereof after expiry of the period aforesaid, the successor mutawalli or any member of the successor committee may make an application, accompanied by a certified copy of the order appointing such successor mutawalli or committee, to any 1[District Magistrate, Additional District Magistrate, Sub-Divisional Magistrate or their equivalent] within the local limits of whose jurisdiction any part of the 2[waqf] property is situated and, thereupon, such 1[District Magistrate, Additional District Magistrate, Sub-Divisional Magistrate or their equivalent] may, after giving notice to the removed mutawalli or members of the removed committee, make an order directing the delivery of charge and possession of such records, accounts and properties (including cash) of the 2[waqf] to the successor mutawalli or the committee, as the case may be, within such time as may be specified in the order.
(3) Where the removed mutawalli or any member of the removed committee, omits or fails to deliver charge and possession of the records, accounts and properties (including cash) within the time specified by 3[any Magistrate] under sub-section (2), the removed mutawalli or every member of the removed committee, as the case may be, shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to eight thousand rupees, or with both.
(4) Whenever any removed mutawalli or any member of the removed committee omits or fails to comply with the orders made by 3[any Magistrate] under sub-section (2), 3[any Magistrate] may authorise the successor mutawalli or committee to take charge and possession of such records, accounts, properties (including cash) and may authorise such person to take such police assistance as may be necessary for the purpose.
(5) No order of appointment of the successor mutawalli or committee, shall be called in question in the proceedings before 3[any Magistrate] under this section.
(6) Nothing contained in this section shall bar the institution of any suit in a competent civil court by any person aggrieved by any order made under this section, to establish that he has right, title and interest in the properties specified in the order made by 3[any Magistrate] under sub-section (2).
1. Subs. by Act 27 of 2013, s. 38, for "Magistrate of the first class" and "Magistrate" (w.e.f. 1-11-2013).
2. Subs. by s. 4, ibid., for "wakf" (w.e.f. 1-11-2013).
3. Subs. by s. 38, ibid., for "the Magistrate" (w.e.f. 1-11-2013).
2. Subs. by s. 4, ibid., for "wakf" (w.e.f. 1-11-2013).
3. Subs. by s. 38, ibid., for "the Magistrate" (w.e.f. 1-11-2013).
Section 69 Power of Board to frame scheme for administration of waqf.
69. Power of Board to frame scheme for administration of 1[waqf].--- 2 [(1) Where the Board is satisfied after an enquiry, whether on its own motion or on the application of not less than five persons interested in any waqf, to frame a scheme for the proper administration of the waqf, it may, by an order, frame such scheme for the administration of the waqf, after giving reasonable opportunity and after consultation with the mutawalli or others in the prescribed manner.]
(2) A scheme framed under sub-section (1) may provide for the removal of the mutawalli of the 1[waqf] holding office as such immediately before the date on which the scheme comes into force:
Provided that where any such scheme provides for the removal of any hereditary mutawalli, the scheme shall also provide for the appointment of the person next in hereditary succession to the mutawalli so removed, as one of the members of the committee appointed for the proper administration of the 1[waqf].
(3) Every order made under sub-section (2) shall be published in the prescribed manner, and, on such publication shall be final and binding on the mutawalli and all persons interested in the1[waqf]:
Provided that any person aggrieved by an order made under this section may, within sixty days from the date of the order, prefer an appeal to the Tribunal and after hearing such appeal, the Tribunal may confirm, reverse or modify the order.
3* * * * *
(4) The Board may, at any time by an order, whether made before or after the scheme has come into force, cancel or modify the scheme. 4[Provided that no such order shall be made under this sub-section unless a written notice inviting objections from the person likely to be affected and general public, in such manner as may be prescribed by the State Government.]
(5) Pending the framing of the scheme for the proper administration of the 1[waqf], the Board may appoint a suitable person to perform all or any of the functions of the mutawalli thereof and to exercise the powers, and perform the duties, of such mutawalli.
(2) A scheme framed under sub-section (1) may provide for the removal of the mutawalli of the 1[waqf] holding office as such immediately before the date on which the scheme comes into force:
Provided that where any such scheme provides for the removal of any hereditary mutawalli, the scheme shall also provide for the appointment of the person next in hereditary succession to the mutawalli so removed, as one of the members of the committee appointed for the proper administration of the 1[waqf].
(3) Every order made under sub-section (2) shall be published in the prescribed manner, and, on such publication shall be final and binding on the mutawalli and all persons interested in the1[waqf]:
Provided that any person aggrieved by an order made under this section may, within sixty days from the date of the order, prefer an appeal to the Tribunal and after hearing such appeal, the Tribunal may confirm, reverse or modify the order.
(4) The Board may, at any time by an order, whether made before or after the scheme has come into force, cancel or modify the scheme. 4[Provided that no such order shall be made under this sub-section unless a written notice inviting objections from the person likely to be affected and general public, in such manner as may be prescribed by the State Government.]
(5) Pending the framing of the scheme for the proper administration of the 1[waqf], the Board may appoint a suitable person to perform all or any of the functions of the mutawalli thereof and to exercise the powers, and perform the duties, of such mutawalli.
1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 01-11-2013).
2 Subs. by s. 39, ibid., for sub-section (1) (w.e.f. 1-11-2013).
3 Second proviso omitted by Act 14 of 2025, s. 36 (w.e.f. 08-04-2025).
4 Ins. by s. 36, ibid. (w.e.f. 08-04-2025).
2 Subs. by s. 39, ibid., for sub-section (1) (w.e.f. 1-11-2013).
3 Second proviso omitted by Act 14 of 2025, s. 36 (w.e.f. 08-04-2025).
4 Ins. by s. 36, ibid. (w.e.f. 08-04-2025).
Section 70 Inquiry relating to administration of waqf.
70. Inquiry relating to administration of 1[waqf].--- Any person interested in a1[waqf] may make an application to the Board supported by an affidavit to institute an inquiry relating to the administration of the 1[waqf] and if the Board is satisfied that there are reasonable grounds for believing that the affairs of the 1[waqf] are being mismanaged, it shall take such action thereon as it thinks fit.
1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).
Section 71 Manner of holding inquiry.
(1) The Board may, either on an application received under section 2[70] or on its own motion,--
(a) hold an inquiry in such manner as may be prescribed; or
(b) authorise any person in this behalf to hold an inquiry into any matter relating to a 1[waqf] and take such action as it thinks fit.
(2) For the purposes of an inquiry under this section, the Board or any person authorised by it in this behalf, shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908) for enforcing the attendance of witnesses and production of documents.
(a) hold an inquiry in such manner as may be prescribed; or
(b) authorise any person in this behalf to hold an inquiry into any matter relating to a 1[waqf] and take such action as it thinks fit.
(2) For the purposes of an inquiry under this section, the Board or any person authorised by it in this behalf, shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908) for enforcing the attendance of witnesses and production of documents.
1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).
2. Subs. by s. 40, ibid., for "73" (w.e.f. 1-11-2013).
2. Subs. by s. 40, ibid., for "73" (w.e.f. 1-11-2013).