The Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995
Administered Ministry: Ministry of Minority Affairs
Section
Section 108B Power of Central Government to make rules.
1[108B. Power of Central Government to make rules.--- (1) The Central Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing powers, the Central Government may make rules for all or any of the following matters, namely:---
(a) the waqf asset management system for the registration, accounts, audit and other details of waqf and Board under clause (ka), and the manner of payments for maintenance of widow, divorced woman and orphan under sub-clause (iv) of clause (r), of section 3;
(b) any other particulars under clause (j) of sub-section (2) of section 3B;
(c) the manner in which details of waqf to be uploaded under sub-section (2B) of section 5;
(d) any other particulars under clause (f) of sub-section (3) of section 36;
(e) the manner in which the Board shall maintain the register of auqaf under sub-section (1) of section 37;
(f) such other particulars to be contained in the register of auqaf under clause (f) of sub-section (1) of section 37;
(g) form and manner and particulars of the statement of accounts under sub-section (2) of section 46;
(h) the manner for publishing audit report under sub-section (2A) of section 47;
(i) the manner of publication of proceedings and orders of Board under sub-section (2A) of section 48;
(j) any other matter which is required to be, or may be, prescribed.
(3) Every rule made by the Central Government under this Act shall 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.]
(2) In particular, and without prejudice to the generality of the foregoing powers, the Central Government may make rules for all or any of the following matters, namely:---
(a) the waqf asset management system for the registration, accounts, audit and other details of waqf and Board under clause (ka), and the manner of payments for maintenance of widow, divorced woman and orphan under sub-clause (iv) of clause (r), of section 3;
(b) any other particulars under clause (j) of sub-section (2) of section 3B;
(c) the manner in which details of waqf to be uploaded under sub-section (2B) of section 5;
(d) any other particulars under clause (f) of sub-section (3) of section 36;
(e) the manner in which the Board shall maintain the register of auqaf under sub-section (1) of section 37;
(f) such other particulars to be contained in the register of auqaf under clause (f) of sub-section (1) of section 37;
(g) form and manner and particulars of the statement of accounts under sub-section (2) of section 46;
(h) the manner for publishing audit report under sub-section (2A) of section 47;
(i) the manner of publication of proceedings and orders of Board under sub-section (2A) of section 48;
(j) any other matter which is required to be, or may be, prescribed.
(3) Every rule made by the Central Government under this Act shall 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 Ins. by Act 14 of 2025, s. 46, (w.e.f. 08-04-2025).
Section 109 Power to make rules 2 docs
(1) The State Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act, other than those of Chapter III.
(2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:---
1[(i) the qualifications required to be fulfilled by a person to be appointed as a mutawalli under clause (i) of section 3;
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(ii) any other matter under clause (f) of sub-section (4) of section 4;
(iii) the particulars which a list of 3[Auqaf] published under sub-section (2) of section 5, may contain;
4* * * * *
(v) the terms and conditions of service of the Chief Executive Officer under sub-section (2) of section 23;
(vi) the conditions and restrictions subject to which the Chief Executive Officer or any other officer may inspect any public office, records or registers 5[under sub-section (1) of] section 29;
6[(via) the period within which the mutawalli or any other person may produce documents related to waqf properties under sub-section (2) of 7[section 29];
(vib) the conditions under which an agency of the Government or any other organisation may supply copies of records, registers and other documents under sub-section (3) of 7[section 29];]
(vii) the conditions subject to which an Executive Officer and supporting staff may be appointed under sub-section (1) of section 38;
(viii) the manner in which an inquiry may be held by the Chief Executive Officer under sub-section (1) of section 39;
(ix) the form in which, and the time within which, a separate budget for 3[Auqaf] under the direct management of the Board shall be prepared under sub-section (1) of section 45;
(x) the interval at which accounts of 3[Auqaf] may be audited in pursuance of the provisions of sub-section (1) of section 47;
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(xii) the guidance subject to which the Collector shall recover the property transferred in contravention of the provisions of this Act, under section 52;
(xiii) the manner of service of notice issued under sub-section (1) of section 54 and the manner in which any inquiry is to be made under sub-section (3) of that section;
(xiv) the manner in which any inquiry may be held under section 64 or section 71;
(xv) the other matters which may be specified in the report submitted under sub-section (3) of section 65;
(xvi) the manner of publication of order made under sub-section (2) of section 67;
(xvii) the manner in which consultation may be made with mutawalli under sub-section (1) of section 69;
(xviii) the manner of publication of order made under sub-section (3) of section 69;
9[(xviiia) the manner of giving notice inviting objections under proviso to sub-section (4) of section 69;]
(xix) the rate at which contribution is to be made by a mutawalli under section 72;
(xx) the payment of moneys into the 10[Waqf] Fund, the investment, the custody and disbursement of such moneys under section 77;
(xxi) the form in which, and the time within which, the budget of the Board may be prepared and submitted under section 78;
(xxii) the time within which application is to be made to the Tribunal under sub-section (2) of section 83;
11(xxiia) the terms and conditions of appointment including the salaries and allowances payable to the Chairman and other members other than persons appointed as ex officio members under sub-section (4A) of section 83;]
(xxiii) the procedure which the Tribunal shall follow under sub-section (6) of section 83;
(xxiv) the form in which the annual report is to be submitted and the matters which such report shall contain under section 98; and
(xxv) any other matter which is required to be, or may be, prescribed.
(2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:---
1[(i) the qualifications required to be fulfilled by a person to be appointed as a mutawalli under clause (i) of section 3;
(ii) any other matter under clause (f) of sub-section (4) of section 4;
(iii) the particulars which a list of 3[Auqaf] published under sub-section (2) of section 5, may contain;
(v) the terms and conditions of service of the Chief Executive Officer under sub-section (2) of section 23;
(vi) the conditions and restrictions subject to which the Chief Executive Officer or any other officer may inspect any public office, records or registers 5[under sub-section (1) of] section 29;
6[(via) the period within which the mutawalli or any other person may produce documents related to waqf properties under sub-section (2) of 7[section 29];
(vib) the conditions under which an agency of the Government or any other organisation may supply copies of records, registers and other documents under sub-section (3) of 7[section 29];]
(vii) the conditions subject to which an Executive Officer and supporting staff may be appointed under sub-section (1) of section 38;
(viii) the manner in which an inquiry may be held by the Chief Executive Officer under sub-section (1) of section 39;
(ix) the form in which, and the time within which, a separate budget for 3[Auqaf] under the direct management of the Board shall be prepared under sub-section (1) of section 45;
(x) the interval at which accounts of 3[Auqaf] may be audited in pursuance of the provisions of sub-section (1) of section 47;
(xii) the guidance subject to which the Collector shall recover the property transferred in contravention of the provisions of this Act, under section 52;
(xiii) the manner of service of notice issued under sub-section (1) of section 54 and the manner in which any inquiry is to be made under sub-section (3) of that section;
(xiv) the manner in which any inquiry may be held under section 64 or section 71;
(xv) the other matters which may be specified in the report submitted under sub-section (3) of section 65;
(xvi) the manner of publication of order made under sub-section (2) of section 67;
(xvii) the manner in which consultation may be made with mutawalli under sub-section (1) of section 69;
(xviii) the manner of publication of order made under sub-section (3) of section 69;
9[(xviiia) the manner of giving notice inviting objections under proviso to sub-section (4) of section 69;]
(xix) the rate at which contribution is to be made by a mutawalli under section 72;
(xx) the payment of moneys into the 10[Waqf] Fund, the investment, the custody and disbursement of such moneys under section 77;
(xxi) the form in which, and the time within which, the budget of the Board may be prepared and submitted under section 78;
(xxii) the time within which application is to be made to the Tribunal under sub-section (2) of section 83;
11(xxiia) the terms and conditions of appointment including the salaries and allowances payable to the Chairman and other members other than persons appointed as ex officio members under sub-section (4A) of section 83;]
(xxiii) the procedure which the Tribunal shall follow under sub-section (6) of section 83;
(xxiv) the form in which the annual report is to be submitted and the matters which such report shall contain under section 98; and
(xxv) any other matter which is required to be, or may be, prescribed.
1. Subs. by Act 27 of 2013, s. 57, for cl. (i) (w.e.f. 01-11-2013).
2. Cl. (ia) omitted by Act 14 of 2025, s. 47 (w.e.f. 08-04-2025).
3. Subs. by Act 27 of 2013, s. 4, for "Wakfs" (w.e.f. 01-11-2013).
4. Cl. (iv) omitted by Act 14 of 2025, s. 47 (w.e.f. 08-04-2025).
5. Subs. by Act 27 of 2013, s. 57, for "under" (w.e.f. 01-11-2013).
6. Ins. by Act 27 of 2013, s. 57 (w.e.f. 01-11-2013).
7. Subs. by Act 14 of 2025, s. 47, for "section 31" (w.e.f. 08-04-2025).
8. Cl. (xi) omitted by Act 27 of 2013, s. 57, (w.e.f. 01-11-2013).
9. Ins. by Act 14 of 2025, s. 47 (w.e.f. 08-04-2025).
10. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 01-11-2013).
11. Ins. by s. 57,ibid.. (w.e.f. 01-11-2013).
2. Cl. (ia) omitted by Act 14 of 2025, s. 47 (w.e.f. 08-04-2025).
3. Subs. by Act 27 of 2013, s. 4, for "Wakfs" (w.e.f. 01-11-2013).
4. Cl. (iv) omitted by Act 14 of 2025, s. 47 (w.e.f. 08-04-2025).
5. Subs. by Act 27 of 2013, s. 57, for "under" (w.e.f. 01-11-2013).
6. Ins. by Act 27 of 2013, s. 57 (w.e.f. 01-11-2013).
7. Subs. by Act 14 of 2025, s. 47, for "section 31" (w.e.f. 08-04-2025).
8. Cl. (xi) omitted by Act 27 of 2013, s. 57, (w.e.f. 01-11-2013).
9. Ins. by Act 14 of 2025, s. 47 (w.e.f. 08-04-2025).
10. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 01-11-2013).
11. Ins. by s. 57,ibid.. (w.e.f. 01-11-2013).
Section 110 Powers to make regulations by the Board.
(1) The Board may, with previous sanction of the State Government, make regulations not inconsistent with this Act or the rules made thereunder, for carrying out its functions under this Act.
(2) In particular, and without prejudice to the generality of the foregoing powers, such regulations may provide for all or any of the following matters, namely--
(a) the time and places of the meetings of the Board under sub-section (1) of section 17;
(b) the procedure and conduct of business at the meetings of the Board;
(c) the constitution and functions of the committees and the Board and the procedure for transaction of business at the meetings of such committees;
(d) the allowances or fees to be paid to the Chairperson or members of the Board or members of committees;
(e) the terms and conditions of service of the officers and other employees of the Board under sub-section (2) of section 24;
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(h) the form in which, and the time within which, the budgets of 2[Auqaf] may be prepared and submitted by the Mutawalli and approved by the Board under sub-section (1) of section 44;
(i) the books of accounts and other books to be maintained by the Board under section 79;
(j) fees payable for inspection of proceedings and records of the Board or for issue of copies of the same;
(k) persons by whom any order or decision of the Board may be authenticated; and
(l) any other matter which has to be, or may be, provided by regulations.
(3) All regulations made under this section shall be published in the Official Gazette and shall have effect from the date of such publication.
(2) In particular, and without prejudice to the generality of the foregoing powers, such regulations may provide for all or any of the following matters, namely--
(a) the time and places of the meetings of the Board under sub-section (1) of section 17;
(b) the procedure and conduct of business at the meetings of the Board;
(c) the constitution and functions of the committees and the Board and the procedure for transaction of business at the meetings of such committees;
(d) the allowances or fees to be paid to the Chairperson or members of the Board or members of committees;
(e) the terms and conditions of service of the officers and other employees of the Board under sub-section (2) of section 24;
(h) the form in which, and the time within which, the budgets of 2[Auqaf] may be prepared and submitted by the Mutawalli and approved by the Board under sub-section (1) of section 44;
(i) the books of accounts and other books to be maintained by the Board under section 79;
(j) fees payable for inspection of proceedings and records of the Board or for issue of copies of the same;
(k) persons by whom any order or decision of the Board may be authenticated; and
(l) any other matter which has to be, or may be, provided by regulations.
(3) All regulations made under this section shall be published in the Official Gazette and shall have effect from the date of such publication.
1. Cls. (f) and (g) omitted by Act 14 of 2025, s. 48 (w.e.f. 08-04-2025).
2. Subs. by Act 27 of 2013, s. 4, for "wakfs" (w.e.f. 1-11-2013).
2. Subs. by Act 27 of 2013, s. 4, for "wakfs" (w.e.f. 1-11-2013).
Section 111 Laying of rules and regulations before State Legislature
Every rule made under section 109 and every regulation made under section 110 shall be laid, as soon as may be after it is made, before the State Legislature.
Section 112 Repeal and savings
(1) The Wakf Act, 1954 (29 of 1954) and the Wakf (Amendment) Act, 1984 (69 of 1984) are hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the said Acts shall be deemed to have been done or taken under the corresponding provisions of this Act.
(3) If, immediately before the commencement of this Act, in any State, there is in force in that State, any law which corresponds to this Act that corresponding law shall stand repealed:
Provided that such repeal shall not affect the previous operation of that corresponding law, and subject thereto, anything done or any action taken in the exercise of any power conferred by or under the corresponding law shall be deemed to have been done or taken in the exercise of the powers conferred by or under this Act as if this Act was in force on the day on which such things were done or action was taken.
(2) Notwithstanding such repeal, anything done or any action taken under the said Acts shall be deemed to have been done or taken under the corresponding provisions of this Act.
(3) If, immediately before the commencement of this Act, in any State, there is in force in that State, any law which corresponds to this Act that corresponding law shall stand repealed:
Provided that such repeal shall not affect the previous operation of that corresponding law, and subject thereto, anything done or any action taken in the exercise of any power conferred by or under the corresponding law shall be deemed to have been done or taken in the exercise of the powers conferred by or under this Act as if this Act was in force on the day on which such things were done or action was taken.
Section 113 Power to remove difficulties.
(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, not inconsistent with the provisions of this Act, remove the difficulty:
Provided that no such order shall be made after the expiry of the period of two years from the commencement of this Act.
(2) However, order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.
Provided that no such order shall be made after the expiry of the period of two years from the commencement of this Act.
(2) However, order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.