The Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995
Administered Ministry: Ministry of Minority Affairs
Section
Section 92 Board to be party to suit or proceeding
In any suit or proceeding in respect of a 1[waqf] or any 1[waqf] property the Board may appear and plead as a party to the suit or proceeding.
1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).
Section 93 Bar to compromise of suits by or against mutawalli
No suit or proceeding in any court by or against the mutawalli of a 1[waqf] relating to title to 1[waqf] property or the rights of the mutawalli shall be compromised without the sanction of the Board.
1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013)
Section 94 Power to make application to the Tribunal in case of failure of mutawalli to discharge his duties.
(1) Where a mutawalli is under an obligation to perform any act which is recognised by Muslim law as pious, religious or charitable and the mutawalli fails to perform such act, the Board may apply to the Tribunal for an order directing the mutawalli to pay to the Board or to any person authorised by the Board in this behalf the amount necessary for the performance of such act.
(2) Where a mutawalli is under an obligation to discharge any other duties imposed on him under the 1[waqf] and the mutawalli wilfully fails to discharge such duties, the Board or any person interested in the 1[waqf] may make an application to the Tribunal and the Tribunal may pass such order thereon as it thinks fit.
(2) Where a mutawalli is under an obligation to discharge any other duties imposed on him under the 1[waqf] and the mutawalli wilfully fails to discharge such duties, the Board or any person interested in the 1[waqf] may make an application to the Tribunal and the Tribunal may pass such order thereon as it thinks fit.
1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).
Section 95 Power of appellate authority to entertain appeal after expiry of specified period.
Where, under this Act any period has been specified for the filing of any appeal, the appellate authority may, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal within the period so specified, entertain the appeal after the expiry of the said period.
Section 96 Power of Central Government to regulate secular activities of auqaf.
6. Power of Central Government to regulate secular activities of 1[auqaf].--- (1) For the purpose of regulating the secular activities of 1[auqaf], the Central Government shall have the following powers and functions, namely:---
(a) to lay down general principles and policies of 2[waqf] administration in so far as they relate to the secular activities of the 1[auqaf];
(b) to co-ordinate the functions of the Central 2[Waqf] Council and the Board, in so far as they relate to their secular functions;
(c) to review administration of the secular activities of 1[auqaf] generally and to suggest improvements, if any.
(2) In exercising its powers and functions under sub-section (1), the Central Government may call for any periodic or other reports from any Board and may issue to the Board such directions as it may think fit and the Board shall comply with such directions.
Explanation.--- For the purposes of this section "secular activities" shall include social, economic, educational and other welfare activities
(a) to lay down general principles and policies of 2[waqf] administration in so far as they relate to the secular activities of the 1[auqaf];
(b) to co-ordinate the functions of the Central 2[Waqf] Council and the Board, in so far as they relate to their secular functions;
(c) to review administration of the secular activities of 1[auqaf] generally and to suggest improvements, if any.
(2) In exercising its powers and functions under sub-section (1), the Central Government may call for any periodic or other reports from any Board and may issue to the Board such directions as it may think fit and the Board shall comply with such directions.
Explanation.--- For the purposes of this section "secular activities" shall include social, economic, educational and other welfare activities
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 97 Directions by State Government
Subject to any directions issued by the Central Government under section 96, the State Government may, from time to time, give to the Board such general or special directions as the State Government thinks fit and in the performance of its functions, the Board shall comply with such directions:
1[Provided that the State Government shall not issue any direction being contrary to any waqf deed or any usage; practice or custom of the waqf.]
1[Provided that the State Government shall not issue any direction being contrary to any waqf deed or any usage; practice or custom of the waqf.]
1. Ins. by Act 27 of 2013, s. 50, (w.e.f. 1-11-2013).
Section 98 Annual report by State Government.
As soon as may be after the close of a financial year, the State Government shall cause a general annual report on the working and administration of the State 2[Waqf] Board and the Administration of 1[auqaf] in the State during that year to be prepared and laid before each House of the State Legislature where it consists of two Houses, or where such legislature consists of one House, before that House, and every such report shall be in such form and shall contain such matters as may be provided by regulations.
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 99 Power to supersede Board
(1) If the State Government is of opinion that the Board is unable to perform or has persistently made default in the performance of, the duty imposed on it by or under this Act or has exceeded or abused its powers, or has wilfully and without sufficient cause failed to comply with any direction issued by the Central Government under section 96 or the State Government under section 97, or if the State Government is satisfied on consideration of any report submitted after annual inspection, that the Board's continuance is likely to be injurious to the interests of the 1[auqaf] in the State, the State Government may, by notification in the Official Gazette, supersede the Board for a period not exceeding six months:
Provided that before issuing a notification under this sub-section, the State Government shall give a reasonable time to the Board to show cause why it should not be superseded and shall consider the explanations and objections, if any, of the Board:
2[Provided further that the power of the State Government under this section shall not be exercised unless there is a prima facie evidence of financial irregularity, misconduct or violation of the provisions of this Act.]
(2) Upon the publication of a notification under sub-section (1) superseding the Board,--
(a) all the members of the Board shall, as from the date of supersession, vacate their offices as such members;
(b) all the powers and duties which may, by or under the provisions of this Act, be exercised or performed by or on behalf of the Board shall, during the period of supersession, be exercised and performed by such person or persons as the State Government may direct; and
(c) all properties vested in the Board shall, during the period of supersession vest in the State Government.
(3) On the expiration of the period of supersession specified in the notification issued under sub-section (1), the State Government may
3[(a) extend the period of supersession by another six months with reasons to be recorded in writing and, the period of continuous supersession shall not exceed more than a year; or]
(b) reconstitute the Board in the manner provided in section 14.
Provided that before issuing a notification under this sub-section, the State Government shall give a reasonable time to the Board to show cause why it should not be superseded and shall consider the explanations and objections, if any, of the Board:
2[Provided further that the power of the State Government under this section shall not be exercised unless there is a prima facie evidence of financial irregularity, misconduct or violation of the provisions of this Act.]
(2) Upon the publication of a notification under sub-section (1) superseding the Board,--
(a) all the members of the Board shall, as from the date of supersession, vacate their offices as such members;
(b) all the powers and duties which may, by or under the provisions of this Act, be exercised or performed by or on behalf of the Board shall, during the period of supersession, be exercised and performed by such person or persons as the State Government may direct; and
(c) all properties vested in the Board shall, during the period of supersession vest in the State Government.
(3) On the expiration of the period of supersession specified in the notification issued under sub-section (1), the State Government may
3[(a) extend the period of supersession by another six months with reasons to be recorded in writing and, the period of continuous supersession shall not exceed more than a year; or]
(b) reconstitute the Board in the manner provided in section 14.
1. Subs. by Act 27 of 2013, s. 4, for "wakfs" (w.e.f. 1-11-2013).
2. Ins. by s. 51, ibid. (w.e.f. 1-11-2013).
3. Subs. by Act 27 of 2013, s. 51, for clause (a) (w.e.f. 1-11-2013).
2. Ins. by s. 51, ibid. (w.e.f. 1-11-2013).
3. Subs. by Act 27 of 2013, s. 51, for clause (a) (w.e.f. 1-11-2013).
Section 100 Protection of action taken in good faith.
No suit or other legal proceeding shall lie against the board or Chief Executive Officer or 1[Collector] or any other person duly appointed under this Act in respect of anything which is in good faith done or intended to be done under this Act.
1. Subs. by Act 14 of 2025, s. 41, for "Survey Commissioner" (w.e.f. 08-04-2025)
Section 101 Collector, members and officers of the Board, deemed to be public servants.
101. 1[Collector], members and officers of the Board, deemed to be public servants.--- (1) The 1[Collector], members of the Board, every officer, every auditor of the Board and every other person duly appointed to discharge any duties imposed on him by this Act or any rule or order made thereunder, shall be deemed to be public servants within the meaning of 2[clause (28) of section 2 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)].
(2) Every mutawalli of a 3[waqf], every member of managing committee, whether constituted by the Board or under any deed of 3[waqf], every Executive Officer and every person holding any office in a 3[waqf] shall also be deemed to be a public servant within the meaning of 2[clause (28) of section 2 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)].
(2) Every mutawalli of a 3[waqf], every member of managing committee, whether constituted by the Board or under any deed of 3[waqf], every Executive Officer and every person holding any office in a 3[waqf] shall also be deemed to be a public servant within the meaning of 2[clause (28) of section 2 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)].
1. Subs. by Act 14 of 2025, s. 42, for "Survey Commissioner" (w.e.f. 08-04-2025).
2. Subs. by Act 14 of 2025, s. 42, for " section 21 of the Indian Penal Code (45 of 1860)" (w.e.f. 08-04-2025).
3. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).
2. Subs. by Act 14 of 2025, s. 42, for " section 21 of the Indian Penal Code (45 of 1860)" (w.e.f. 08-04-2025).
3. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).
Section 102 Special provision for reorganisation of certain Boards 1 docs
(1) Where on account of the reorganisation of States under any law providing reorganisation of States, the whole or any part of a State in respect of which a Board was, immediately before the day of such reorganisation, functioning has been transferred on that day to another State and by reason of such transfer, it appears to the Government of a State in any part of which the Board is functioning that the Board should be dissolved or that it should be reconstituted as an Intra-State Board for the whole or any part of that State, the State Government may frame a scheme or such dissolution or such reconstitution, including proposals regarding the transfer of the assets, rights and liabilities of the Board to any other Board or State Government and the transfer or re-employment of employees of the Board and forward the scheme to the Central Government.
(2) On receipt of a scheme forwarded to it under sub-section (1), the Central Government may, 1[after consulting the Council and the State Governments] concerned, approve the scheme with or without modifications and give effect to the scheme so approved by making such order as it thinks fit.
(3) An order under sub-section (2) may provide for all or any of the following matters, namely:---
(a) the dissolution of the Board;
(b) the reconstitution in any manner whatsoever of the Board including the establishment, where necessary, of a new Board;
(c) the area in respect of which the reconstituted Board or new Board shall function and operate;
(d) the transfer, in whole or in part, of the assets, rights and liabilities of the Board (including the rights and liabilities under any contract made by it) to any other Board or State Government and the terms and conditions of such transfer;
(e) the substitution of any such transferee, for the Board, or the addition of any such transferee, as a party to any legal proceeding to which the Board is a party; and the transfer of any proceeding pending before the Board to any such transferee;
(f) the transfer or re-employment of any employee of the Board to or by, any such transferee and subject to the provisions of law providing for the reorganisation of the concerned State, the terms and conditions of service applicable to such employees after such transfer or re-employment; and
(g) such incidental, consequential and supplemental matters as may be necessary to give effect to the approved scheme.
(4) Where an order is made under this section transferring the assets, rights and liabilities of the Board, then, by virtue of that order, such assets, rights and liabilities of the Board shall vest in, and be the assets, rights and liabilities of, the transferee.
(5) Every order made under this section shall be published in the Official Gazette.
(6) Every order made under this section shall be laid before each House of Parliament, as soon as may be, after it is made.
(2) On receipt of a scheme forwarded to it under sub-section (1), the Central Government may, 1[after consulting the Council and the State Governments] concerned, approve the scheme with or without modifications and give effect to the scheme so approved by making such order as it thinks fit.
(3) An order under sub-section (2) may provide for all or any of the following matters, namely:---
(a) the dissolution of the Board;
(b) the reconstitution in any manner whatsoever of the Board including the establishment, where necessary, of a new Board;
(c) the area in respect of which the reconstituted Board or new Board shall function and operate;
(d) the transfer, in whole or in part, of the assets, rights and liabilities of the Board (including the rights and liabilities under any contract made by it) to any other Board or State Government and the terms and conditions of such transfer;
(e) the substitution of any such transferee, for the Board, or the addition of any such transferee, as a party to any legal proceeding to which the Board is a party; and the transfer of any proceeding pending before the Board to any such transferee;
(f) the transfer or re-employment of any employee of the Board to or by, any such transferee and subject to the provisions of law providing for the reorganisation of the concerned State, the terms and conditions of service applicable to such employees after such transfer or re-employment; and
(g) such incidental, consequential and supplemental matters as may be necessary to give effect to the approved scheme.
(4) Where an order is made under this section transferring the assets, rights and liabilities of the Board, then, by virtue of that order, such assets, rights and liabilities of the Board shall vest in, and be the assets, rights and liabilities of, the transferee.
(5) Every order made under this section shall be published in the Official Gazette.
(6) Every order made under this section shall be laid before each House of Parliament, as soon as may be, after it is made.
1. Subs. by Act 27 of 2013, s. 52, for "after consulting the State Governments" (w.e.f. 01-11-2013).
Section 103 Special provision for establishment of Board for part of a State.
(1) Where on account of the territorial changes brought about by any law providing for the reorganisation of any State, this Act is as from the date on which that law comes into force applicable only to any part or parts of a State but has not been brought into force in the remaining part thereof, then notwithstanding anything contained in this Act, it shall be lawful for the Government of the State to establish one or more Boards for such part or parts in which this Act is in force and in such a case any reference in this Act to the word "State" in relation of a Board shall be construed as a reference to that part of the State for which the Board is established.
(2) Where any such Board has been established and it appears to the Government of the State, that a Board should be established for the whole of the State, the State Government may, by order notified in the Official Gazette dissolve the Board established for the part of the State or reconstitute and reorganise, such Board or establish a new Board for the whole of the State and thereupon, the assets, rights and liabilities of the Board for the part of the State shall vest in and be the assets, rights and liabilities of the reconstituted Board or the new Board, as the case may be.
(2) Where any such Board has been established and it appears to the Government of the State, that a Board should be established for the whole of the State, the State Government may, by order notified in the Official Gazette dissolve the Board established for the part of the State or reconstitute and reorganise, such Board or establish a new Board for the whole of the State and thereupon, the assets, rights and liabilities of the Board for the part of the State shall vest in and be the assets, rights and liabilities of the reconstituted Board or the new Board, as the case may be.
Section 104 Omitted.
[Application of Act to properties given or donated by persons not professing Islam for support of certain 1[waqf]].--- Omitted by the Waqf (Amendment) Act, 2025 (14 of 2025), s. 43 (w.e.f. 08-04-2025).
1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).
Section 104A Prohibition of sale, gift, exchange, mortgage or transfer of waqf property
1[104A. Prohibition of sale, gift, exchange, mortgage or transfer of waqf property.--- (1) Notwithstanding anything contained in this Act or any other law for the time being in force or any waqf deed, no person shall sell, gift, exchange, mortgage or transfer any movable or immovable property which is a waqf property to any other person.
(2) Any sale, gift, exchange, mortgage or transfer of property referred to in sub-section (1) shall be void ab initio.]
(2) Any sale, gift, exchange, mortgage or transfer of property referred to in sub-section (1) shall be void ab initio.]
1. Ins. by Act 27 of 2013, s. 53, (w.e.f. 1-11-2013).
Section 104B Restoration of waqf properties in occupation of Government agencies to waqf Board.
1[104B. Restoration of waqf properties in occupation of Government agencies to waqf Board.--- (1) If any waqf property has been occupied by the Government agencies it shall be returned to the Board or the mutawalli within a period of six months from the date of the order of the Tribunal.
(2) The Government agency may, if the property is required for a public purpose, make an application for determination of the rent, or as the case may be, the compensation, by the Tribunal at the prevailing market value.]
(2) The Government agency may, if the property is required for a public purpose, make an application for determination of the rent, or as the case may be, the compensation, by the Tribunal at the prevailing market value.]
1. Ins. by Act 27 of 2013, s. 54, (w.e.f. 1-11-2013).
Section 105 Power of Board and Chief Executive Officer to require copies of documents, etc., to be furnished
Notwithstanding anything contained in any law for the time being in force, it shall be lawful for the Board or the Chief Executive Officer to require any person having the custody of any record, register, report or other document relating to a 1[waqf] or any immovable property, which is 1[waqf] property, to furnish, subject to the payment of necessary costs, copies of, or extracts from, any such record, register, report or document and every person to whom such a requisition is made, shall furnish, as soon as may be practicable, to the Board or Chief Executive Officer, copies or extracts from the required record, register, report or other document.
1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).
Section 106 Powers of Central Government to constitute common Boards
(1) Where the Central Government is satisfied that by reasons of---
(i) the smallness of the Muslim population in two or more States,
(ii) the slender resources of the 2[Auqaf] in such States, and
(iii) the disproportion between the number and income of the 2[auqaf] and the Muslim population in such States,
it is expedient in the interests of the 2[auqaf] in the States and the Muslim population of such States, to have, instead of separate Boards for each of such States, a common Board, it may,3[after consultation with the Council and the Government] of each of the concerned States, establish, by notification in the Official Gazette, a common Board for such States as it may deem fit, and may, by the same or any subsequent notification specify the place at which the principal office of such common Board shall be located.
(2) Every common Board established under sub-section (1) shall, as far as practicable, consist of the persons specified in sub-section (1) or, as the case may be, sub-section (7) of section 14.
(3) Whenever any common Board is established under sub-section (1)--
(a) all powers vested in the State Government under any deed of 1[waqf] or any provision of law for the time being in force relating to 2[auqaf], shall stand transferred to, and vested in, the Central Government and, thereupon, references in such deed of 1[waqf] or law to the State Governments shall be construed as references to the Central Government:
Provided that while establishing a common Board for two or more States, the Central Government shall ensure, that at least one representative of each of the concerned States is included as a member of the Board;
(b) references in this Act to a State shall be construed as references to each of the States for which the common Board has been established;
(c) the Central Government may, without prejudice to any rule applicable to a Board in a State, may, by notification in the Official Gazette, rules regulating the conduct of business by, and affairs of, the common Board.
(4) The common Board shall be a body corporate, with objects not confined to one State, having perpetual succession and a common seal with power to acquire and hold property and to transfer any such property, subject to such conditions and restrictions as may be specified by the Central Government, and shall by the said name sue or be sued.
(i) the smallness of the Muslim population in two or more States,
(ii) the slender resources of the 2[Auqaf] in such States, and
(iii) the disproportion between the number and income of the 2[auqaf] and the Muslim population in such States,
it is expedient in the interests of the 2[auqaf] in the States and the Muslim population of such States, to have, instead of separate Boards for each of such States, a common Board, it may,3[after consultation with the Council and the Government] of each of the concerned States, establish, by notification in the Official Gazette, a common Board for such States as it may deem fit, and may, by the same or any subsequent notification specify the place at which the principal office of such common Board shall be located.
(2) Every common Board established under sub-section (1) shall, as far as practicable, consist of the persons specified in sub-section (1) or, as the case may be, sub-section (7) of section 14.
(3) Whenever any common Board is established under sub-section (1)--
(a) all powers vested in the State Government under any deed of 1[waqf] or any provision of law for the time being in force relating to 2[auqaf], shall stand transferred to, and vested in, the Central Government and, thereupon, references in such deed of 1[waqf] or law to the State Governments shall be construed as references to the Central Government:
Provided that while establishing a common Board for two or more States, the Central Government shall ensure, that at least one representative of each of the concerned States is included as a member of the Board;
(b) references in this Act to a State shall be construed as references to each of the States for which the common Board has been established;
(c) the Central Government may, without prejudice to any rule applicable to a Board in a State, may, by notification in the Official Gazette, rules regulating the conduct of business by, and affairs of, the common Board.
(4) The common Board shall be a body corporate, with objects not confined to one State, having perpetual succession and a common seal with power to acquire and hold property and to transfer any such property, subject to such conditions and restrictions as may be specified by the Central Government, and shall by the said name sue or be sued.
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. Subs. by s. 55, ibid., for "after consultation with the Government" (w.e.f. 1-11-2013).
2. Subs. by s. 4, ibid., for "wakfs" (w.e.f. 1-11-2013).
3. Subs. by s. 55, ibid., for "after consultation with the Government" (w.e.f. 1-11-2013).
Section 107 Application of Act 36 of 1963.
1[107. Application of Act 36 of 1963.--- On and from the commencement of the Waqf (Amendment) Act, 2025, the Limitation Act, 1963 shall apply to any proceedings in relation to any claim or interest pertaining to immovable property comprised in a waqf.]
1. Subs. by Act 14 of 2025, s. 44, for section 107 (w.e.f. 08-04-2025).
Section 108 Omitted.
[Special provision as to evacuee 1[waqf] properties.]--- Omitted by the Waqf (Amendment) Act, 2025 (14 of 2025), s. 45 (w.e.f. 08-04-2025).]
1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).
Section 108A Omitted.
[Act to have overriding effect.]--- Omitted by the Waqf (Amendment) Act, 2025 (14 of 2025), s. 45 (w.e.f. 08-04-2025).