LexThe WAQF ACT, 1995
Uttarakhand · state statute
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THE WAQF ACT, 1995
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ARRANGEMENT OF SECTIONS
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CHAPTER I
PRELIMINARY
SECTIONS
1. Short title, extent and commencement.
2. Application of the Act.
3. Definitions.
CHAPTER II
SURVEY OF AUQAF
4. Preliminary survey of auqaf.
5. Publication of list of auqaf.
6. Disputes regarding auqaf.
7. Power of Tribunal to determine disputes regarding auqaf.
8. State Government to bear cost of survey.
CHAPTER III
CENTRAL WAQF COUNCIL
9. Establishment and constitution of Central Waqf Council.
10. Finance of Council.
11. Accounts and audit.
12. Power of Central Government to make rules.
CHAPTER IV
ESTABLISHMENT OF BOARDS AND THEIR FUNCTIONS
13. Incorporation.
14. Composition of Board.
15. Term of office.
16. Disqualification for being appointed, or for continuing as, a member of the Board.
17. Meetings of the Board.
18. Committees of the Board.
19. Resignation of Chairperson and members.
20. Removal of Chairperson and member.
20A. Removal of Chairperson by vote of no confidence.
21. Filling of a vacancy.
22. Vacancies, etc., not to invalidate proceedings of the Board.
23. Appointment of Chief Executive Officer and his term of office and other conditions of service.
24. Officers and other employees of the Board.
25. Duties and powers of Chief Executive Officer.
26. Powers of Chief Executive Officer in respect of orders or resolutions of Board.
27. Delegation of powers by the Board.
28. Power of District Magistrate , Additional District Magistrate or Sub -Divisional Magistrate to
implement the directions of the Board.
29. Powers of Chief Executive Officer to inspect records, registers, etc.
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SECTIONS
30. Inspection of records.
31. Prevention of disqualification for membership of Parliament.
32. Powers and functions of the Board.
33. Powers of inspection by Chief Executive Officer or persons authorised by him.
34. Recovery of the amount determined under section 33.
35. Conditional attachment by Tribunal.
CHAPTER V
REGISTRATION OF AUQAF
36. Registration.
37. Register of auqaf.
38. Powers of Board to appoint Executive Officer.
39. Powers of Board in relation to auqaf which have ceased to exist.
40. Decision if a property is waqf property.
41. Power to cause registration of waqf and to amend register.
42. Change in the management of auqaf to be notified.
43. Auqaf registered before the commencement of this Act deemed to be registered.
CHAPTER VI
MAINTENANCE OF ACCOUNTS OF AUQAF
44. Budget.
45. Preparation of budget of auqaf under direct management of the Board.
46. Submission of Accounts of auqaf.
47. Audit of accounts of auqaf.
48. Board to pass orders on auditor’s report.
49. Sums certified to be due recoverable as arrears of land revenue.
50. Duties of mutawalli.
51. Alienation of waqf property without sanction of Board to be void.
52. Recovery of waqf property transferred in contravention of section 51.
52A. Penalty for alienation of waqf property without sanction of Board.
53. Restriction on purchase of property on behalf of waqf.
54. Removal of encroachment from waqf property.
55. Enforcement of orders made under section 54.
55A. Disposal of property left on waqf property by unauthorised occupants.
56. Restriction on power to grant lease of waqf property.
57. Mutawalli entitled to pay certain costs from income of waqf property.
58. Power of Board to pay dues in case of default by mutawalli.
59. Creation of reserve fund.
60. Extension of time.
61. Penalties.
62. Mutawalli not to spend any money belonging to waqf for self defence.
63. Power to appoint mutawallis in certain cases.
64. Removal of mutawalli.
65. Assumption of direct management of certain auqaf by the Board.
66. Powers of appointment and removal of mutawalli when to be exercised by the State Government.
67. Supervision and supersession of committee of management.
68. Duty of mutawalli or committee to deliver possession of records, etc.
69. Power of Board to frame scheme for administration of waqf.
70. Inquiry relating to administration of waqf.
71. Manner of holding inquiry.
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CHAPTER VII
FINANCE OF THE BOARD
SECTIONS
72. Annual contribution payable to Board.
73. Power of Chief Executive Officer to direct banks or other person to make payments.
74. Deduction of contribution from perpetual annuity payable to the waqf.
75. Power of board to borrow.
76. Mutawalli not to lend or borrow moneys without sanction.
77. Waqf Fund.
78. Budget of Board.
79. Accounts of Board.
80. Audit of accounts of Board.
81. State Government to pass orders on auditor’s report.
82. Dues of Board to be recovered as arrears of land revenue.
CHAPTER VIII
JUDICIAL PROCEEDINGS
83. Constitution of Tribunals, etc.
84. Tribunal to hold proceedings expeditiously and to furnish to the parties copies of its decision.
85. Bar of jurisdiction of civil courts.
86. Appointment of a receiver in certain cases.
87. [Omitted.].
88. Bar to challenge of validity of any notification, etc.
89. Notice of suits by parties against Board.
90. Notice of suits, etc., by courts.
91. Proceedings under the Act 1 of 1894.
92. Board to be party to suit or proceeding.
93. Bar to compromise of suits by or against mutawalli.
94. Power to make application to the Tribunal in case of failure of mutawalli to discharge his duties.
95. Power of appellate authority to entertain appeal after expiry of specified period.
CHAPTER IX
MISCELLANEOUS
96. Power of Central Government to regulate secular activities of auqaf.
97. Directions by State Government.
98. Annual report by State Government.
99. Power to supersede Board.
100. Protection of action taken in good faith.
101. Survey Commissioner, members and officers of the Board, deemed to be public servants.
102. Special provision for reorganisation of certain Boards.
103. Special provision for establishment of Board for part of a State.
104. Application of Act to properties given or donated by persons not professing Islam for support of
certain waqf.
104A. Prohibition of sale, gift, exchange, mortgage or transfer of waqf property.
104B. Restoration of waqf properties in occupation of Government agencies to waqf Board.
105. Power of Board and Chief Executive Officer to require copies of documents, etc. , to be
furnished.
106. Powers of Central Government to constitute common Boards.
107. Act 36 of 1963 not to apply for recovery of waqf properties.
108. Special provision as to evacuee waqf properties.
108A. Act to have overriding effect.
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SECTIONS
109. Power to make rules.
110. Powers to make regulations by the Board.
111. Laying of rules and regulations before State Legislature.
112. Repeal and savings.
113. Power to remove difficulties.
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THE WAQF ACT, 1995
ACT NO. 43 OF 1995
[22nd November, 1995.]
An Act to provide for the better administration of 1[Auqaf] and for matters connected therewith
or incidental thereto.
BE it enacted by Parliament in the Forty-sixth Year of the Republic of India as follows:—
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.—(1) This Act may be called the 2[Waqf] Act, 1995.
(2) It extends to the whole of India 3***.
(3) It shall come into force in a State on such date 4 as the Central Government may, by notification in
the Official Gazette, appoint ; and different dates may be appointed for different areas within a State and
for different provisions of this Act, and any reference in any provision to the commencement of this Act,
shall, in relation to any State or area therein, be construed as referenc e to the commencement of that
provision in such State or area.
2. Application of the Act.—Save as otherwise expressly provided under this Act, this Act shall apply
to all 1[auqaf] whether created before or after the commencement of this Act:
Provided that nothing in this Act shall apply to Durgah Khawaja Saheb, Ajmer to which the Durgah
Khawaja Saheb Act, 1955 (36 of 1955) applies.
3. Definitions.—In this Act, unless the context otherwise requires,—
(a) “beneficiary” means a person or object for whose benefit a 2[waqf] is created and includes
religious, pious and charitable objects and any other objects of public utility sanctioned by the
Muslim law:
(b) “benefit” does not include any benefit which a mu tawalli is entitled to claim solely by reason
of his being such mutawalli;
(c) “Board” means a Board of 2[Waqf] established under sub-section (1), or as the case may be,
under sub -section ( 2) of section 13 and shall include a common 2[Waqf] Board established
under section 106;
(d) “Chief Executive Officer” means the Chief Executive Officer appointed under sub-section (1)
of section 23;
(e) “Council” means the Central 2[Waqf] Council established under section 9;
5[(ee) “encroacher” means any person or institution, public or private, occupying waqf property,
in whole or part, without the authority of law and includes a person whose tenancy, lease or licence
has expired or has been terminated by mutawalli or the Board;]
(f) “Executive Officer” means the Executive Officer appointed by the Board under sub-section (1)
of section 38;
6[(g) “list of auqaf” means the list of auqaf published under sub -section ( 2) of section 5 or
contained in the register of auqaf maintained under section 37;]
(h) “member” means a member of the Board and includes the Chairperson;
1. Subs. by Act 27 of 2013, s. 2, for “wakfs” (w.e.f. 1-11-2013).
2. Subs. by s. 3, ibid., for “wakf” (w.e.f. 1-11-2013).
3. The words “ except the State of Jammu and Kashmir ” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule
(w.e.f. 31-10-2019).
4. 1st January, 1996, vide notification No. S.O. 1007 (E), dated 27th December, 1995, see Gazette of India, Extraordinary, Part II,
sec. 3(ii).
5. Ins. by s. 5, ibid. (w.e.f. 1-11-2013).
6. Subs. by s. 5, ibid., for clause (g) (w.e.f. 1-11-2013).
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(i) “mutawalli” means any person appointed, either verbally or under any deed or instrument by
which a 1[waqf] has been created, or by a competent authori ty, to be the mutawalli of a 1[waqf] and
includes any person who is a mutawalli of a 1[waqf] by virtue of any custom or who is a
naib-mutawalli, kha ndim, mujawar, sajjadanashin, amin or other person appointed by a mutawalli
to perform the duties of a mutawalli and save as otherwise provided in this Act, any person,
committee or corporation for the time being, managing or administering an y 1[waqf] or 1[waqf]
property:
Provided that no member of a committee or corporation shall be deemed to be a mutawalli unless
such member is an office-bearer of such committee or corporation:
2[Provided further that the mutawalli shall be a citizen of India and shall fulfil such other
qualifications as may be prescribed:
Provided also that in case a waqf has specified any qualifications, such qualifications may be
provided in the rules as may be made by the State Government;]
(j) “net annual income”, in relation to a 1[waqf], means net annual income determined in
accordance with the provisions of the Explanations to sub-section (1) of section 72;
(k) “person interested in a 1[waqf]” means any person who is entitled to receive any p ecuniary or
other benefits from the 1[waqf] and includes—
(i) any person who has a right to 3[offer prayer] or to perform any religious rite in a mosque,
idgah, imambara,dargah, 4[khanqah, peerkhana and karbala] , maqbara , graveyard or any other
religious institution connected with the 1[waqf] or to participate in any religious or charitable
institution under the 1[waqf];
(ii) the 5[waqif] and any descendant of the 5[waqif] and the mutawalli;
(l) “prescribed”, except in Chapter III, means prescribed by rules made by the State Governments;
(m) “regulations” means the regulations made by the Board under this Act;
(n) “Shia 1[waqf]” means a 1[waqf] governed by Shia Law;
(o) “Sunni 1[waqf]” means a 1[waqf] governed by Sunni Law;
(p) “Survey Commissioner” means the Survey Commissioner of 1[Waqf] appointed under
sub-section ( 1) of section 4 and includes any Additional or Assistant Survey Commissioners of
6[Auqaf] under sub-section (2) of section 4;
(q) “Tribunal”, in relation to any area, means the Tribunal constituted under sub-section ( 1) of
section 83, having jurisdiction in relation to that area;
7[(r) “waqf” means the permanent dedication by any person, of any movable or immov able
property for any purpose recognised by the Muslim law as pious, religious or charitable and
includes—
(i) a waqf by user but such waqf shall not cease to be a waqf by reason only of the user
having ceased irrespective of the period of such cesser;
(ii) a Shamlat Patti, Shamlat Deh, Jumla Malkkan or by any other name entered in a revenue
record;
(iii) “grants”, including mashrat-ul-khidmat for any purpose recognised by the Muslim law as
pious, religious or charitable; and
1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013).
2. Ins. by s. 5, ibid. (w.e.f. 1-11-2013).
3. Subs. by s. 5, ibid., for “worship” (w.e.f. 1-11-2013).
4. Subs. by s. 5, ibid., for “khangah” (w.e.f. 1-11-2013).
5. Subs. by s. 4, ibid., for “wakif” (w.e.f. 1-11-2013).
6. Subs. by s. 4, ibid., for “wakfs” (w.e.f. 1-11-2013).
7. Subs. by s. 5, ibid., for clause (r) (w.e.f. 1-11-2013).
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(iv) a waqf -alal-aulad to the extent to which the property is dedicated for any purpose
recognised by Muslim law as pious, religious or charitable, provided when the line of succession
fails, the income of the waqf shall be spent for education, development, welfare and such oth er
purposes as recognised by Muslim law,
and “waqif” means any person making such dedication;]
(s) “ 1[waqf] deed” means any deed or instrument by which a 1[waqf] has been created and
includes any valid subsequent deed or instrument by which any of the terms of the original dedication
have been varied;
(t) “1[Waqf] Fund” means a 1[waqf] fund formed under sub-section (1) of section 77.
CHAPTER II
SURVEY OF 2[AUQAF]
4. Preliminary survey of 2[auqaf].—(1) The State Government may, by notification in the Official
Gazette, appoint for the State a Survey Commissioner of 2[Auqaf] and as many Additional or Assistant
Survey Commissioners of 2[Auqaf] as may be necessary for the purpose of making a survey of 3[auqaf in
the State].
4[(1A) Every State Government shall maintain a list of auqaf referred to in sub -section ( 1) and the
survey of auqaf shall be completed within a period of one year from the date of commencement of the
Wakf (Amendment) Act, 2013 (27 of 2013), in case such survey was not done before the commencement
of the Wakf (Amendment) Act, 2013:
Provided that where no Survey Commiss ioner of Waqf has been appointed, a Survey Commissioner
for auqaf shall be appointed within three months from the date of such commencement.]
(2) All Additional and Assistant Survey Commissioner of 2[Auqaf] shall perform their functions
under this Act under the general supervision and control of the Survey Commissioner of 2[Auqaf].
(3) The Survey Commissioner shall, after making such inquiry as he may consider necessary, submit
his report, in respect of 2[auqaf] existing at the date of the commencement of this Act in the State or any
part thereof, to the State Government containing the following particulars, namely:—
(a) the number of 2[auqaf] in the State showing the Shia 2[auqaf] and Sunni 2[auqaf] separately;
(b) the nature and objects of each 1[waqf];
(c) the gross income of the property comprised in each 1[waqf];
(d) the amount of land revenue, cesses, rates and taxes payable in respect of each 1[waqf];
(e) the expenses incurred in the realisation of the income and the pay or other remuneration of the
mutawalli of each 1[waqf]; and
(f) such other particulars relating to each 1[waqf] as may be prescribed.
(4) The Survey Commissioner shall, while making any inquiry, have the same powers as are vested in
a c ivil court under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters,
namely:—
(a) summoning and examining any witness;
(b) requiring the discovery and production of any document;
(c) requisitioning any public record from any court or office;
(d) issuing commissions for the examination of any witness or accounts;
(e) making any local inspection or local investigation;
(f) such other matters as may be prescribed.
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. 6, ibid., for “wakfs existing in the State at the date of the commencement of this Act” (w.e.f. 1-11-2013).
4. Ins. by s. 6, ibid. (w.e.f. 1-11-2013).
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(5) If, during any suc h inquiry, any dispute arises as to whether a particular 1[waqf] is a Shia
1[waqf] or Sunni 1[waqf] and there are clear indications in the deed of 1[waqf] as to its nature, the dispute
shall be decided on the basis of such deed.
(6) The State Government m ay, by notification in the Official Gazette, direct the Survey
Commissioner to make a second or subsequent survey of 1[waqf] properties in the State and the
provisions of sub -sections ( 2), ( 3), ( 4) and ( 5) shall apply to such survey as they apply to a survey
directed under sub-section (1):
Provided that no such second or subsequent survey shall be made until the expiry of a period of
2[ten years] from the date on which the report in relation to the immediately previous survey was
submitted under sub-section (3):
3[Provided further that the waqf properties already notified shall not be reviewed again in subsequent
survey except where the status of such property has been changed in accordance with the provisions of
any law.]
5. Publication of list of 4[auqaf].—(1) On receipt of a report under sub-section (3) of s ection 4, the
State Government shall forward a copy of the same to the Board.
(2) The Board shall examine the report forwarded to it under sub-section (1) and 5[fordward it back to
the Government within a period of six months for publication in the Official Gazette ] a list of Sunni
4[auqaf] or Shia 4[auqaf] in the State, whether in existence at the commencement of this Act or coming
into existence thereafter, to which the report relates, and containing such other particulars as may be
prescribed.
6[(3) The revenue authorities shall—
(i) include the list of auqaf referred to in sub-section (2), while updating the land records; and
(ii) take into consideration the list of auqaf referred to in sub-section (2), while deciding mutation
in the land records.
(4) The State Government shall maintain a record of the lists published under sub -section (2) from
time to time.]
6. Disputes regarding 4[auqaf].—(1) If any question arises whether a particular property specified as
1[waqf] property in the list of 4[auqaf] is 1[waqf] property or not or whether a 1[waqf] specified in such list
is a Shia 1[waqf] or Sunni 1[waqf], the Board or the mutawalli of the 1[waqf] or 7[any person aggrieved]
may institute a suit in a Tribunal for the decision of the question and the decision of the Tribunal in
respect of such matter shall be final:
Provided that no such suit shall be entertained by the Tribunal after the expiry of one year from the
date of the publication of the list of 4[auqaf]:
8[Provided further that no suit shall be instituted before the Tribunal in respect of such properties
notified in a second or subsequent survey pursuant to the provisions contained in sub -section ( 6) of
section 4.]
9* * * * *
(2) Notwithstanding anything contained in sub-section (1), no proceeding under this Act in respect of
any 1[waqf] shall be stayed by reason only of the pendency of any such suit or of any appeal or other
proceeding arising out of such suit.
1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013).
2. Subs. by s. 6, ibid., for “twenty years” (w.e.f. 1-11-2013).
3. Ins. by s. 6, ibid. (w.e.f. 1-11-2013).
4. Subs. by s. 4, ibid., for “wakfs” (w.e.f. 1-11-2013).
5. Subs. by s. 7, ibid., for “publish in the Official Gazette” (w.e.f. 1-11-2013).
6. Ins. by s. 7, ibid. (w.e.f. 1-11-2013).
7. Subs. by s. 8, ibid., for “any person interested therein” (w.e.f. 1-11-2013).
8. Ins. by s. 8, ibid. (w.e.f. 1-11-2013).
9. The Explanation omitted by s. 8, ibid.(w.e.f. 1-11-2013).
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(3) The Survey Commissioner shall not be made a party to any suit under sub -section (1) and no suit,
prosecution or other l egal proceeding shall lie against him in respect of anything which is in good faith
done or intended to be done in pursuance of this Act or any rules made thereunder.
(4) The list of 1[auqaf] shall, unless it is modified in pursuance of a decision of the T ribunal under
sub-section (1), be final and conclusive.
(5) On and from the commencement of this Act in a State, no suit or other legal proceeding shall be
instituted or commenced in a court in that State in relation to any question referred to in sub-section (1).
7. Power of Tribunal to determine disputes regarding 1[auqaf].—(1) If, after the commencement
of this Act, 2[any question or dispute] arises, whether a particular property specified as 3[waqf] property in
a list of 1[auqaf] is 3[waqf] property or not, or whether a 3[waqf] specified in such list is a Shia 3[waqf] or
a Sunni 3[waqf], the Board or the mutawalli of the 3[waqf], 4[or any person aggrieved by the publication
of the list of auqaf under section 5] therein, may apply to the Trib unal having jurisdiction in relation to
such property, for the decision of the question and the decision of the Tribunal thereon shall be final:
Provided that—
(a) in the case of the list of 1[auqaf] relating to any part of the State and published after the
commencement of this Act no such application shall be entertained after the expiry of one year from
the date of publication of the list of 1[auqaf]; and
(b) in the case of the list of 1[auqaf] relating to any part of the State and published at any time
within a period of one year immediately preceding the commencement of this Act, such an
application may be entertained by Tribunal within the period of one year from such commencement:
Provided further that where any such question has been heard and finally decided by a civil court in a
suit instituted before such commencement, the Tribunal shall not re-open such question.
(2) Except where the Tribunal has no jurisdiction by reason of the provisions of sub-section (5), no
proceeding under this section in respect of any 3[waqf] shall be stayed by any court, tribunal or other
authority by reason only of the pendency of any suit, application or appeal or other proceeding arising out
of any such suit, application, appeal or other proceeding.
(3) The Chief Executive Officer shall not be made a party to any application under sub-section (1).
(4) The list of 1[auqaf] and where any such list is modified in pursuance of a decision of the Tribunal
under sub-section (1), the list as so modified, shall be final.
(5) The Tribunal shall not have jurisdiction to determine any matter which is the subject-matter of any
suit or proceeding instituted or commenced in a civil court under sub-section (1) of section 6, before the
commencement of the Act or which is the subject -matter of any appeal from the decree passed be fore
such commencement in any such suit or proceeding or of any application for revision or review arising
out of such suit, proceeding or appeal, as the case may be.
5[(6) The Tribunal shall have the powers of assessment of damages by unauthorised occupation of
waqf property and to penalise such unauthorised occupants for their illegal occupation of the waqf
property and to recover the damages as arrears of land revenue through the Collector:
Provided that whosoever, being a public servant, fails i n his lawful duty to prevent or remove an
encroachment, shall on conviction be punishable with fine which may extend to fifteen thousand rupees
for each such offence.]
6[8. State Government to bear cost of survey.—The total cost of making a survey including the cost
of publication of the list or lists of auqaf under this Chapter shall be borne by the State Government.]
1. Subs. by Act 27 of 2013, s. 4, for “wakfs” (w.e.f. 1-11-2013).
2. Subs. by s. 9, ibid., for “any question” (w.e.f. 1-11-2013).
3. Subs. by s. 4, ibid., for “wakf” (w.e.f. 1-11-2013).
4. Subs. by s. 9, ibid., for “or any person interested” (w.e.f. 1-11-2013).
5. Ins. by s. 9, ibid. (w.e.f. 1-11-2013).
6. Subs. by s. 10, ibid., for section 8 (w.e.f. 1-11-2013).
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CHAPTER III
CENTRAL 1[WAQF] COUNCIL
9. Establishment and constitution of Central 1[Waqf] Council.—2[(1) The Central Government
may, by notification in the Official Gazette, establish a Council to be called the Central Waqf Council, for
the purpose of advising the Central Government, the State Governments and the Boards on matters
concerning the working of Boards and the due administration of auqaf.
(1A) The Council referred to in sub-section (1) shall issue directives to the Boards, on such issues and
in such manner, as provided under sub-sections (4) and (5).]
(2) The Council shall consist of—
(a) the Union Minister in-charge of 1[waqf]—ex officio Chairperson;
(b) the following members to be appointed by the Central Governmen t from amongst Muslims,
namely:—
(i) three persons to represent Muslim organisations having all India character and national
importance;
3[(ii) four persons of national eminence, one each from the fields of administration or
management, financial management, engineering or architecture and medicine;]
(iii) three Members of Parliament of whom two shall be from the House of the People and
one from the Council of States;
(iv) Chairpersons of three Boards by rotation;
(v) two persons who have been Judges of the Supreme Court or a High Court;
(vi) one Advocate of national eminence;
(vii) one p erson to represent the mutawallis of the 1[waqf] having a gross annual income of
rupees five lakhs and above;
(viii) three persons who are eminent scholars in Muslim Law:
4[Provided that at least two of the members appointed under sub -clauses (i) to ( viii) shall be
women.]
(3) The term of office of, the procedure to be followed in the discharge of their functions by, and the
manner of filling casual vacancies among, members of the Council shall be such as may be, prescribed by
rules made by the Central Government.
4[(4) The State Government or, as the case may be, the Board, shall furnish information to the
Council on the performance of Waqf Boards in the State, particularly on their financial performance,
survey, maintenance of waqf deeds, revenue records, encroachment of waqf properties, annual reports and
audit reports in the manner and time as may be specified by the Council and it may suo motu call for
information on specific issues from the Board, if it is satisfied that there was prima facie evidence of
irregularity or violation of the provisions of this Act and if the Council is satisfied that such irregularity or
violation of the Act is established, it may issue such directive, as considered appropriate, which shall be
complied with by the concerned Board under intimation to the concerned State Government.
(5) Any dispute arising out of a directive issued by the Council under sub-section (4) shall be referred
to a Board of Adjudication to be constituted by the Central Government, to be presided ove r by a retired
Judge of the Supreme Court or a retired Chief Justice of a High Court and the fees and travelling and
other allowances payable to the Presiding Officer shall be such as may be specified by that Government.]
1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013).
2. Subs. by s. 11, ibid., for sub-section (1) (w.e.f. 1-11-2013).
3. Subs. by s. 11, ibid., for sub-clause (ii) (w.e.f. 1-11-2013).
4. Ins. by s. 11, ibid. (w.e.f. 1-11-2013).
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10. Finance of Council .—(1) Every Board shall pay from its 1[Waqf] Fund annually to the Council
such contribution a s is equivalent to one per cent. of the aggregate of the net annual income of the
2[auqaf] in respect of which contribution is payable under sub-section (1) of section 72:
Provided that where the Board, in the case of any particular 1[waqf] has remitted under
sub-section ( 2) of section 72 the whole of the contribution payable to it under sub-section (1) of that
section, then for calculating the contribution payable to the Council under this section the net annual
income of the 1[waqf] in respect of which such remission has been granted shall not be taken into
account.
(2) All monies received by the Council under sub -section (1) and all other monies received by it as
donations, benefactions and grants shall form a fund to be called the Central 1[Waqf] Fund.
(3) Subject to any rules that may be made by the Central Government in this behalf, the Central
1[Waqf] Fund shall be under the control of the Council and may be applied for such purposes as the
Council may deem fit.
11. Accounts and audit .—(1) The Council shall cause to be maintained such books of account and
other books in relation to its accounts in such form and in such manner as may be prescribed by rules
made by the Central Government.
(2) The accounts of the Council shall be audited and examined annually by such auditor as may be
appointed by the Central Government.
(3) The costs of the audit shall be paid from the Central 1[Waqf] Fund.
12. Power of Central Government to make rules .—(1) The Central Government may ,
by notification in the Official Gazette, make rules to carry out the purposes of this Chapter.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:—
(a) the term of office of, the procedure to be followed in the discharge of their functions by, and
the manner of filling casual vacancies among, the members of the Council;
(b) control over and application of the Central 1[Waqf] Fund;
(c) the form and manner in which accounts of the Council may be maintained.
(3) Every rule made by the Central Government under this Chapter shall be laid, as soon as may be
after it is made, before each House of Parliament, while it is in session for a total period of third days,
which may be comprised in one session or in two or more successive sessions, and if, before the expiry of
the session immediately following the session or the successive sessions aforesaid, both Houses agree in
making any modification in the rule or both Houses agree that the rule should not be made, the rule shall
thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that
any such modification or annulment shall be without prejudice to the validity of anything previously done
under the rule.
CHAPTER IV
ESTABLISHMENT OF BOARDS AND THEIR FUNCTIONS
13. Incorporation.—(1) With effect from such date as the State Government may, by notification in
the Official Gazette, appoint in this behalf, there shall be established a Board of 2[Auqaf] under such
name as may be specified in the notification:
3[Provided that in case where a Board of Waqf has not been established, as required under this
sub-section, a Board of Waqf shall, without prejudice to the provisions of this Act or any other law for the
time being in force, be established within six months from the date of commencement of the Wakf
(Amendment) Act, 2013 (27 of 2013).]
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. Ins. by s. 12, ibid. (w.e.f. 1-11-2013).
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(2) Notwithstanding anything contained in sub -section (1), if the Shia 1[auqaf] in any State constitute
in number more than fifteen per cent . of all the 1[auqaf] in the State or if the income of the properties of
the Shia 1[auqaf] in the State constitutes more than fifteen per cent. of the total income of properties of all
the 1[auqaf] in the State, the State Government may, by notification in the Official Gazette, establish a
Board of 1[Auqaf] each for Sunni 1[auqaf] and for Shia 1[auqaf] under such names as may be specified in
the notification.
2[(2A) Where a Board of Waqf is establis hed under sub-section (2) of section 13, in the case of Shia
waqf, the Members shall belong to the Shia Muslim and in the case of Sunni waqf, the Members shall
belong to the Sunni Muslim.]
(3) The Board shall be a body corporate having perpetual succession and a common seal with power
to acquire and hold property and to transfer any such property subject to such conditions and restrictions
as may be prescribed and shall by the said name sue and be sued.
14. Composition of Board.—(1) The Board for a State and 3[the National Capital Territory of Delhi]
shall consist of—
(a) a Chairperson;
(b) one and not more than two members, as the State Government may think fit, to be elected
from each of the electoral colleges consisting of—
(i) M uslim Members of Parliament from the State or, as the case may be, 3[the National
Capital Territory of Delhi];
(ii) Muslim Members of the State Legislature;
4[(iii) Muslim members of the Bar Council of the concerned State or Union territory:
Provided that in case there is no Muslim member of the Bar Council of a State or a
Union territory, the State Government or the Union territory administration, as the case may be,
may nominate any senior Muslim advocate from that State or the Union territory, and]
(iv) mutawallis of the 1[auqaf] having an annual income of rupees one lakh and above.
5[Explanation I .—For the removal of doubts, it is hereby declared that the members from
categories mentioned in sub -clauses ( i) to ( iv), shall be elected from the electoral college
constituted for each category.
Explanation II .—For the removal of doubts it is hereby declared that in case a Muslim
member ceases to be a Member of Parliament from the State or National Capital Territory of
Delhi as refe rred to in sub -clause ( i) of clause ( b) or ceases to be a Member of the State
Legislative Assembly as required under sub -clause ( ii) of clause ( b), such member shall be
deemed to have vacated the office of the member of the Board for the State or National Capital
Territory of Delhi, as the case may be, from the date from which such member ceased to be a
Member of Parliament from the State National Capital Territory of Delhi, or a Member of the
State Legislative Assembly, as the case may be;]
6[(c) one person from amongst Muslims, who has professional experience in town planning or
business management, social work, finance or revenue, agriculture and development activities, to be
nominated by the State Government;
(d) one person each from amongst Muslims, to be nominated by the State Government from
recognised scholars in Shia and Sunni Islamic Theology;
(e) one person from amongst Muslims, to be nominated by the State Government from amongst
the officers of the State Government not below the rank of Joint Secretary to the State Government;]
1. Subs. by Act 27 of 2013, s. 4, for “wakfs” (w.e.f. 1-11-2013).
2. Ins. by s. 12, ibid. (w.e.f. 1-11-2013).
3. Subs. by s. 13, ibid., for “the Union territory of Delhi” (w.e.f. 1-11-2013).
4. Subs. by s. 13, ibid., for sub-clause (iii) (w.e.f. 1-11-2013).
5. Ins. by s. 13, ibid. (w.e.f. 1-11-2013).
6. Subs. by s. 13, ibid., for clauses (c), (d) and (e) (w.e.f. 1-11-2013).
13
1[(1A) No Minister of the Central Government or, as the case may be, a State Government, shall
be elected or nominated as a member of the Board:
Provided that in case of a Union te rritory, the Board shall consist of not less than five and not
more than seven members to be appointed by the Central Government from categories specified
under sub-clauses (i) to (iv) of clause (b) or clauses (c) to (e) in sub-section (1):
Provided further that at least two Members appointed on the Board shall be women:
Provided also that in every case where the system of mutawalli exists, there shall be one
mutawalli as the member of the Board.]
(2) Election of the members specified in clause (b) of sub-section (1) shall be held in accordance with
the system of proportional representation by means of a single transferable vote, in such manner as may
be prescribed:
Provided that where the number of Muslim Members of Parliament, the State Legislature or the State
Bar Council, as the case may be, is only one, such Muslim Member shall be declared to have been elected
on the Board:
Provided further that where there are no Muslim Members in any of the categories mentioned in
sub-clauses (i) to ( iii) of clause (b) of sub -section (1) the ex -Muslim Members of Parliament, the State
Legislature or ex -member of the State Bar Council, as the case may be, shall constitute the electoral
college.
(3) Notwithstanding anything contained in this section, where the State Government is satisfied , for
reasons to be recorded in writing, that it is not reasonably practicable to constitute an electoral college for
any of the categories mentioned in sub -clauses ( i) to ( iii) of c lause ( b) of sub -section ( 1), the State
Government may nominate such persons as the members of the Board as it deems fit.
(4) The number of elected members of the Board shall, at all times , be more than the nominated
members of the Board except as provided under sub-section (3).
2* * * * *
(6) In determining the number of Shia members or Sunni members of the Board, the State
Government shall have regard to the number and value of Shia 3[auqaf] and Sunni 3[auqaf] to be
administered by the Board and appointment of the members shall be made, so far as may be, in
accordance with such determination.
2* * * * *
(8) Whenever the Board is constituted or reconstituted, the members of the Board present at a meeting
convened for the purpose shall elect one from amongst themselves as the Chairperson of the Board.
(9) The members of the Board shall be appointed by the State Government by notification in the
Official Gazette.
15. Term of office .—The members of the Board shall hold office for a term of five years 4[from the
date of notification referred to in sub-section (9) of section 14].
16. Disqualification for being appointed, or for continuing as, a member of the Board .—A
person shall be disqualified for being appointed, or for continuing as, a member of the Board if—
(a) he is not a Muslim and is less than twenty-one years of age;
(b) he is found to be a person of unsound mind;
(c) he is an undischarged insolvent;
(d) he has been convicte d of an offence involving moral turpitude and such conviction has not
been reversed or he has not been granted full pardon in respect of such offence;
1. Ins. by Act 27 of 2013, s. 13 (w.e.f. 1-11-2913).
2. Sub-sections (5) and (7) omitted by s. 13, ibid. (w.e.f. 1-11-2013).
3. Subs. by s. 4, ibid., for “wakfs” (w.e.f. 1-11-2013).
4. Ins. by s. 14, ibid. (w.e.f. 1-11-2013).
14
1[(da) he has been held guilty of encroachment on any waqf property;]
(e) he has been on a previous occasion—
(i) removed from his office as a member or as a mutawalli, or
(ii) removed by an order of a competent court or tribunal from any position of trust either for
mismanagement or for corruption.]
17. Meetings of the Board .—(1) The Board shall meet for the transaction of business at such time
and places as may be provided by regulations.
(2) The Chairperson, or in his absence, any member chosen by the members from amongst
themselves shall preside at a meeting of the Board.
(3) Subject to the provisio ns of this Act, all questions which come before any meeting of the Board
shall be decided by a majority of votes of the members present, and in the case of equality of votes, the
Chairperson or, in his absence, any other person presiding shall have a second or casting vote.
18. Committees of the Board .—(1) The Board may, whenever it considers necessary, establish
either generally or for a particular purpose or for any specified area or areas committees for the
supervision of 2[auqaf].
(2) The Constitution, functions and duties and the term of office of such committees shall be
determined from time to time by the Board:
Provided that it shall not be necessary for the members of such committees to be members of the
Board.
19. Resignation of Chairperson and members.—The Chairperson or any other member may resign
his office by writing under his hand addressed to the State Government:
Provided that the Chairperson or the member shall continue in office until the appointment of his
successor is notified in the Official Gazette.
20. Removal of Chairperson and member .—(1) The State Government may, by notification in the
Official Gazette, remove the Chairperson of the Board or any member thereof if he—
(a) is or becomes subject to any disqualifications specified in section 16; or
(b) refuses to act or is incapable of acting or acts in a manner which the State Government, after
hearing any explanation that he may offer, considers to be pre judicial to the interests of the
2[auqaf]; or
(c) fails in the opinion of the Board, to attend three consecutive meetings of the Board, without
sufficient excuse.
(2) Where the Chairperson of the Board is removed under sub -section (1), he shall also cease to be a
member of the Board.
3[20A. Removal of Chairperson by vote of no confidence .—Without prejudice to the provisions of
section 20, the Chairperson of a Board may be removed by vote of no confidence in the following
manner, namely:—
(a) no resolution expressing a vote of confidence or no confidence in any person elected as
Chairperson of a Board shall be moved except in the manner prescribed and twelve months have not
elapsed after the date of his election as a Chairperson and be remove d except with the prior
permission of the State Government;
(b) notice for no confidence shall be addressed to the State Government stating clearly the
grounds on which such motion is proposed to be moved and shall be signed by at least half the total
members of the Board;
1. Ins. by Act 27 of 2013, s. 15 (w.e.f. 1-11-2013).
2. Subs. by s. 4, ibid., for “wakfs” (w.e.f. 1-11-2013).
3. Ins. by s. 16, ibid. (w.e.f. 1-11-2013).
15
(c) at least three members of the Board signing the notice of no confidence shall personally
present to the State Government, the notice together with an affidavit signed by them to the effect that
the signatures on no confidence motion a re genuine and have been made by the signatories after
hearing or reading the contents of the notice;
(d) on receipt of the notice of no confidence, as provided hereinabove, the State Government shall
fix such time, date and place as may be considered suit able for holding a meeting for the purpose of
the proposed no confidence motion:
Provided that at least fifteen days notice shall be given for such a meeting;
(e) notice for meeting under clause ( d) shall also provide that in the event of no confidence
motion being duly carried on or, election of the new Chairperson, as the case may be, shall al so be
held in the same meeting;
(f) the State Government shall also nominate a Gazetted Officer (other than an officer of the
department which is concerned with the supervision and administration of the Board) to act as
presiding officer of the meeting in which the resolution for no confidence shall be considered;
(g) the quorum for such a meeting of the Board shall be one -half of the total number of members
of the Board;
(h) the resolution for no confidence shall be deemed to be carried out, if passed by a simple
majority of the members present;
(i) if a resolution for no confidence is carried out, the Chairperson shall cease to hold office
forthwith and shall be s ucceeded by his successor who shall be elected by another resolution in the
same meeting;
(j) election of theExcerpt shown. Open the full act in Lexace.