Full Text
REGISTERED NO. DL-(N)04/0007/2003-25
The Gazette of India
CG-DL-E-05042025-262316
EXTRAORDINARY
PART II—Section 1
PUBLISHED BY AUTHORITY
No. 14]
NEW DELHI, SATURDAY, APRIL 5, 2025/CHAITRA 15, 1947 (Saka)
Separate paging is given to this Part in order that it may be filed as a separate compilation.
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 5th April, 2025/Chaitra 15, 1947 (Saka)
The following Act of Parliament received the assent of the President on the
5th April, 2025 and is hereby published for general information:—
THE WAQF (AMENDMENT) ACT, 2025
No. 14 OF 2025
[5th April, 2025.]
An Act further to amend the Waqf Act, 1995.
BE it enacted by Parliament in the Seventy-sixth Year of the Republic of India
as follows:-
1. (1) This Act may be called the Waqf (Amendment) Act, 2025.
(2) It shall come into force on such date as the Central Government may, by
notification in the Official Gazette, appoint.
2. In section 1 of the Waqf Act, 1995 (hereinafter referred to as the principal
Act), in sub-section (1), for the word "Waqf", the words "Unified Waqf
Management, Empowerment, Efficiency and Development” shall be substituted.
3. In section 2 of the principal Act, after the proviso, the following proviso
shall be inserted, namely:-
"Provided further that nothing in this Act shall, notwithstanding any
judgement, decree or order of any court, apply to a trust (by whatever name
called) established before or after the commencement of this Act or
statutorily regulated by any statutory provision pertaining to public
charities, by a Muslim for purpose similar to a waqf under any law for the
time being in force.".
4. In section 3 of the principal Act,—
(i) after clause (a), the following clause shall be inserted, namely:—
'(aa) "Aghakhani waqf" means a waqf dedicated by an
Aghakhani waqif;';
(ii) after clause (c), the following clause shall be inserted, namely:-
'(ca) "Bohra waqf" means a waqf dedicated by a Bohra waqif;';
(iii) after clause (d), the following clause shall be inserted, namely:-
'(da) "Collector" includes the Collector of land-revenue of a
district, or the Deputy Commissioner, or any officer not below the
rank of Deputy Collector authorised in writing by the Collector;';
(iv) after clause (f), the following clauses shall be inserted, namely:-
'(fa) "Government Organisation" includes the Central
Government, State Governments, Municipalities, Panchayats, attached
and subordinate offices and autonomous bodies of the Central
Government or State Government, or any organisation or Institution
owned and controlled by the Central Government or State Government;
(fb) "Government property" means movable or immovable
property or any part thereof, belonging to a Government
Organisation;';
(v) in clause (i), the words “, either verbally or” shall be omitted;
(vi) after clause (k), the following clause shall be inserted, namely:-
'(ka) "portal and database” means the waqf asset management
system or any other system set up by the Central Government for the
registration, accounts, audit and any other detail of waqf and the
Board, as may be prescribed by the Central Government;';
(vii) for clause (1), the following clause shall be substituted, namely:—
"(1) "prescribed" means prescribed by rules made under this Act;';
(viii) clause (p) shall be omitted;
(ix) in clause (r),—
(a) in the opening portion, for the words "any person, of any
movable or immovable property”, the words “any person showing or
demonstrating that he is practising Islam for at least five years, of any
movable or immovable property, having ownership of such property
and that there is no contrivance involved in the dedication of such
property," shall be substituted;
(b) sub-clause (i) shall be omitted;
(c) in sub-clause (iv), after the word "welfare", the words
“, or maintenance of widow, divorced woman and orphan, if waqif so
intends, in such manner, as may be prescribed by the Central
Government," shall be inserted;
(d) in the long line, for the words “any person", the words "any
such person" shall be substituted;
(e) the following proviso shall be inserted at the end, namely:—
"Provided that the existing waqf by user properties
registered on or before the commencement of the Waqf
(Amendment) Act, 2025 as waqf by user will remain as waqf
properties except that the property, wholly or in part, is in
dispute or is a government property;”.
5. After section 3 of the principal Act, the following sections shall be
inserted, namely:-
"3A. (1) No person shall create a waqf unless he is the lawful owner
of the property and competent to transfer or dedicate such property.
(2) The creation of a waqf-alal-aulad shall not result in denial of
inheritance rights of heirs, including women heirs, of the waqif or any other
rights of persons with lawful claims.
3B. (1) Every waqf registered under this Act, prior to the
commencement of the Waqf (Amendment) Act, 2025, shall file the details
of the waqf and the property dedicated to the waqf on the portal and
database, within a period of six months from such commencement:
Provided that the Tribunal may, on an application made to it by the
mutawalli, extend such period of six months under this section for a further
period not exceeding six months as it may consider appropriate, if he satisfies
the Tribunal that he had sufficient cause for not filing the details of the waqf on
the portal within such period.
(2) The details of the waqf under sub-section (1), amongst other
information, shall include the following, namely:—
(a) the identification and boundaries of waqf properties, their use
and occupier;
(b) the name and address of the creator of the waqf, mode and
date of such creation;
(c) the deed of waqf, if available;
(d) the present mutawalli and its management;
(e) the gross annual income from such waqf properties;
(f) the amount of land-revenue, cesses, rates and taxes annually
payable in respect of the waqf properties;
(g) an estimate of the expenses annually incurred in the
realisation of the income of the waqf properties;
(h) the amount set apart under the waqf for-
(i) the salary of the mutawalli and allowances to the
individuals;
(ii) purely religious purposes;
(iii) charitable purposes; and
(iv) any other purposes;
(i) details of court cases, if any, involving such waqf property;
(j) any other particular as may be prescribed by the Central
Government.
3C. (1) Any Government property identified or declared as waqf
property, before or after the commencement of this Act, shall not be deemed
to be a waqf property.
(2) If any question arises as to whether any such property is a
Government property, the State Government may, by notification, designate
on Officer above the rank of Collector (hereinafter referred to as the
designated officer), who shall conduct an inquiry as per law, and determine
whether such property is a Government property or not and submit his report
to the State Government:
Provided that such property shall not be treated as waqf property till
the designated officer submits his report.
(3) In case the designated officer determines the property to be a
Government property, he shall make necessary corrections in revenue
records and submit a report in this regard to the State Government.
(4) The State Government shall, on receipt of the report of the designated
officer, direct the Board to make appropriate correction in the records.
3D. Any declaration or notification issued under this Act or under any
previous Act in respect of waqf properties shall be void, if such property was a
protected monument or protected area under the Ancient Monuments
Preservation Act, 1904 or the Ancient Monuments and Archaeological Sites and
Remains Act, 1958, at the time of such declaration or notification.
3E. Notwithstanding anything contained in this Act or any other law for
the time being in force, no land belonging to members of Scheduled Tribes
under the provisions of the Fifth Schedule or the Sixth Schedule to the
Constitution shall be declared or deemed to be waqf property.".
6. In section 4 of the principal Act,—
(a) for the marginal heading, the marginal heading "Survey of auqaf."
shall be substituted;
(b) for sub-section (1), the following sub-section shall be substituted,
namely:-
“(1) Any survey of auqaf pending before the Survey Commissioner,
on the commencement of the Waqf (Amendment) Act, 2025, shall be
transferred to the Collector having jurisdiction and the Collector shall
make the survey in accordance with the procedure in the revenue laws of
the State, from the stage such survey is transferred to the Collector, and
submit his report to the State Government.";
(c) sub-sections (14), (2) and (3) shall be omitted;
(d) in sub-section (4), in the opening portion, for the words "Survey
Commissioner", the word "Collector" shall be substituted;
(e) in sub-section (5), after the words "Sunni waqf", the words "or
Aghakhani waqf or Bohra waqf" shall be inserted;
(f) sub-section (6) shall be omitted.
7. In section 5 of the principal Act,—
(a) in sub-section (1), for the word, brackets and figure "sub-section (3)",
the word, brackets and figure "sub-section (1)" shall be substituted;
(b) in sub-section (2), after the words “Shia auqaf", the words “or
Aghakhani auqaf or Bohra auqaf” shall be inserted;
(c) after sub-section (2), the following sub-sections shall be inserted,
namely:-
"(24) The State Government shall upload the notified list of
auqaf on the portal and database within ninety days from the date of
its publication in the Official Gazette under sub-section (2).
(2B) The details of each waqf shall contain the identification,
boundaries of waqf properties, their use and occupier, details of the
creator, mode and date of such creation, purpose of waqf, their present
mutawallis and management in such manner as may be prescribed by
the Central Government.";
(d) for sub-section (3), the following sub-section shall be substituted,
namely:-
"(3) The revenue authorities, before deciding mutation in the
land records, in accordance with revenue laws in force, shall give a
public notice of ninety days, in two daily newspapers circulating in the
localities of such area of which one shall be in the regional language
and give the affected persons an opportunity of being heard.";
(e) in sub-section (4), after the words "time to time", the words “on
the portal and database" shall be inserted.
8. In section 6 of the principal Act,-
(a) in sub-section (1), —
(i) after the words "Sunni waqf", the words "or Aghakhani waqf
or Bohra waqf" shall be inserted;
(ii) the words "and the decision of the Tribunal in respect of such
matter shall be final" shall be omitted;
(iii) in the first proviso, for the words "one year", the words "two
years" shall be substituted;
(iv) for the second proviso, the following proviso shall be
substituted, namely:—
"Provided further that an application may be entertained by
the Tribunal after the period of two years specified in the first
proviso, if the applicant satisfies the Tribunal that he has sufficient
cause for not making the application within such period:";
(b) in sub-section (3), for the words "Survey Commissioner", the word
"Collector" shall be substituted.
9. In section 7 of the principal Act, in sub-section (1), —
(i) after the words “Sunni waqf”, the words “or Aghakhani waqf or
Bohra waqf" shall be inserted;
(ii) the words "and the decision of the Tribunal thereon shall be final"
shall be omitted;
(iii) in the first proviso, for the words "one year" wherever they occur,
the words "two years" shall be substituted;
(iv) in the second proviso, for the words “Provided further that", the
following shall be substituted, namely:-
"Provided further that an application may be entertained by the
Tribunal after the period of two years specified in the first proviso, if
the applicant satisfies the Tribunal that he had sufficient cause for not
making the application within such period:
Provided also that".
10. In section 9 of the principal Act, for sub-section (2), the following
sub-section shall be substituted, namely:—
"(2) The Council shall consist of-
(a) the Union Minister in charge of waqf—Chairperson, ex officio;
(b) three Members of Parliament of whom two shall be from the
House of the People and one from the Council of States;
(c) the following members to be appointed by the Central
Government from amongst Muslims, namely:—
(i) three persons to represent Muslim organisations having
all India character and national importance;
(ii) Chairpersons of three Boards by rotation;
(iii) one person to represent the mutawallis of the waqf
having a gross annual income of five lakh rupees and above;
(iv) three persons who are eminent scholars in Muslim law;
(d) two persons who have been Judges of the Supreme Court or
a High Court;
(e) one Advocate of national eminence;
(f) four persons of national eminence, one each from the fields
of administration or management, financial management, engineering
or architecture and medicine;
(g) Additional Secretary or Joint Secretary to the Government of
India dealing with waqf matters in the Union Ministry or
department—member, ex officio:
Provided that two of the members appointed under clause (c) shall
be women:
Provided further that two members appointed under this sub-section,
excluding ex officio members, shall be non-Muslim.".
11. In section 13 of the principal Act, for sub-section (2A), the following
sub-section shall be substituted, namely:-
"(24) The State Government may, if it deems necessary, by
notification in the Official Gazette, establish a separate Board of Auqaf for
Bohras and Aghakhanis.".
12. In section 14 of the principal Act, -
(a) for sub-sections (1), (1A), (2), (3) and (4), the following
sub-sections shall be substituted, namely:—
"(1) The Board for a State and the National Capital Territory of
Delhi shall consist of, not more than eleven members, to be nominated
by the State Government, —
(a) a Chairperson;
(b) (i) one Member of Parliament from the State or, as the
case may be, the National Capital Territory of Delhi;
(ii) one Member of the State Legislature;
(c) the following members belonging to Muslim
community, namely:-
(i) one mutawalli of the waqf having an annual
income of one lakh rupees and above;
(ii) one eminent scholar of Islamic theology;
(iii) two or more elected members from the
Municipalities or Panchayats:
Provided that in case there is no Muslim member available
from any of the categories in sub-clauses (i) to (iii), additional
members from category in sub-clause (iii) may be nominated;
(d) two persons who have professional experience in
business management, social work, finance or revenue,
agriculture and development activities;
(e) Joint Secretary to the State Government dealing with
the waqf matters, ex officio;
(f) one Member of the Bar Council of the concerned State
or Union territory:
Provided that two members of the Board appointed under
clause (c) shall be women:
Provided further that two of total members of the Board
appointed under this sub-section, excluding ex officio members, shall
be non-Muslim:
Provided also that the Board shall have at least one member each
from Shia, Sunni and other backward classes among Muslim
Communities:
Provided also that one member each from Bohra and Aghakhani
communities shall be nominated in the Board in case they have
functional auqaf in the State or Union territory:
Provided also that the elected members of Board holding office
on the commencement of the Waqf (Amendment) Act, 2025 shall
continue to hold office as such until the expiry of their term of office.
(2) No Minister of the Central Government or, as the case may
be, a State Government, shall be nominated as a member of the Board.
(3) In case of a Union territory, the Board shall consist of not
less than five and not more than seven members to be nominated by
the Central Government under sub-section (1).";
(b) for sub-section (6), the following sub-section shall be substituted,
namely:-
"(6) In determining the number of members belonging to Shia,
Sunni, Bohra, Aghakhani or other backward classes among Muslim
communities, the State Government or, as the case may be, the Central
Government in case of a Union territory shall have regard to the
number and value of Shia, Sunni, Bohra, Aghakhani and other
backward classes among Muslim 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.";
(c) sub-section (8) shall be omitted.
13. In section 16 of the principal Act,-
(i) for clause (a), the following clauses shall be substituted, namely:-
"(a) he is less than twenty-one years of age;
(aa) in case of a member under clause (c) of sub-section (1) of
section 14, he is not a Muslim;";
(ii) for clause (d), the following clause shall be substituted, namely:-
"(d) he has been convicted of any offence and sentenced to
imprisonment for not less than two years;".
14. In section 17 of the principal Act, in sub-section (1), after the words
"shall meet", the words "at least once in every month" shall be inserted.
15. Section 20A of the principal Act shall be omitted.
16. In section 23 of the principal Act, for sub-section (1), the following
sub-section shall be substituted, namely:-
"(1) There shall be a full-time Chief Executive Officer of the Board to
be appointed by the State Government and who shall be not below the rank
of Joint Secretary to the State Government.".
17. In section 28 of the principal Act, for the words "be responsible for
implementation of the decisions of the Board which may be", the words
“implement the decision of the Board within forty-five days from the date it is"
shall be substituted.
18. In section 30 of the principal Act, in sub-section (2), for the words and
figures "section 76 of the Indian Evidence Act, 1872", the words and figures
"section 75 of the Bharatiya Sakshya Adhiniyam, 2023" shall be substituted.
19. In section 32 of the principal Act,—
(a) in sub-section (2), in clause (e), the Explanation and the proviso
shall be omitted;
(b) in sub-section (3), the words "and the decision of the Tribunal
thereon shall be final" shall be omitted.
20. In section 33 of the principal Act,-
(a) in sub-section (4), in the proviso, the words, brackets and figure
"and the Tribunal shall have no power to make any order staying pending
the disposal of the appeal, the operation of the order made by the Chief
Executive Officer under sub-section (3)" shall be omitted;
(b) sub-section (6) shall be omitted.
21. In section 36 of the principal Act,-
(a) after sub-section (1), the following sub-section shall be inserted,
namely:-
"(14) On and from the commencement of the Waqf
(Amendment) Act, 2025, no waqf shall be created without execution
of a waqf deed.";
(b) in sub-section (3), —
(i) in the opening portion, for the words “in such form and manner
and at such place as the Board may by regulation provide", the words
"to the Board through the portal and database" shall be substituted;
(ii) for clause (f), the following clause shall be substituted,
namely:-
"(f) any other particulars as may be prescribed by the
Central Government.";
(c) in sub-section (4), the words "or if no such deed has been executed
or a copy thereof cannot be obtained, shall contain full particulars, as far as
they are known to the applicant, of the origin, nature and objects of the
waqf" shall be omitted;
(d) for sub-section (7), the following sub-sections shall be substituted,
namely:-
"(7) On receipt of an application for registration, the Board shall
forward the application to the Collector having jurisdiction to inquire
the genuineness and validity of the application and correctness of any
particulars therein and submit a report to the Board:
Provided that if the application is made by any person other than
the person administering the waqf, the Board shall, before registering
the waqf, give notice of the application to the person administering the
waqf and shall hear him if he desires to be heard.
(74) Where the Collector in his report mentions that the
property, wholly or in part, is in dispute or is a Government property,
the waqf in relation to such part of property shall not be registered,
unless the dispute is decided by a competent court.";
(e) in sub-section (8), the proviso shall be omitted;
(f) after sub-section (8), the following sub-sections shall be inserted,
namely:-
"(9) The Board, on registering a waqf, shall issue the certificate
of registration to the waqf through the portal and database.
(10) No suit, appeal or other legal proceeding for the
enforcement of any right on behalf of any waqf which have not been
registered in accordance with the provisions of this Act, shall be
instituted or commenced or heard, tried or decided by any court after
expiry of a period of six months from the commencement of the Waqf
(Amendment) Act, 2025:
Provided that an application may be entertained by the court in
respect of such suit, appeal or other legal proceedings after the period
of six months specified under this sub-section, if the applicant satisfies
the court that he has sufficient cause for not making the application
within such period.".
22. In section 37 of the principal Act,-
(a) in sub-section (1),—
(i) in the opening portion, after the word "particulars", the words "in
such manner as prescribed by the Central Government" shall be inserted;
(ii) in clause (f), for the words “provided by regulations", the
words "prescribed by the Central Government” shall be substituted;
(b) in sub-section (3), after the words “land record office shall", the
words "before deciding mutation in the land records, in accordance with
revenue laws in force, shall give a public notice of ninety days, in two
daily newspapers circulating in the localities of such area of which one
shall be in the regional language and give the affected persons an
opportunity of being heard, then” shall be substituted.
23. Section 40 of the principal Act shall be omitted.
24. In section 46 of the principal Act, in sub-section (2), —
(a) for the word "July", at both the places where it occurs, the word
"October" shall be substituted;
(b) for the words “in such form and containing such particulars as may
be provided by regulations by the Board of all moneys received", the words
"in such form and manner and containing such particulars as may be
prescribed by the Central Government, of all moneys received from any
source" shall be substituted.
25. In section 47 of the principal Act,-
(a) in sub-section (1), —
(i) in clause (a),—
(A) for the words "fifty thousand rupees", the words
"one lakh rupees" shall be substituted;
(B) after the words "appointed by the Board", the
following shall be inserted, namely:-
"from out of the panel of auditors prepared by the
State Government:
Provided that the State Government shall, while
preparing such panel of auditors, specify the remuneration
to be paid to such auditors;";
(ii) for clause (b), the following clause shall be substituted,
namely:-
"(b) the accounts of the waqf having net annual
income exceeding one lakh rupees shall be audited annually,
by an auditor appointed by the Board from out of the panel of
auditors as specified in clause (a);";
(iii) in clause (c), the following proviso shall be inserted,
namely:-
"Provided that the Central Government may, by order,
direct the audit of any waqf at any time by an auditor appointed
by the Comptroller and Auditor-General of India, or by any
officer designated by the Central Government for that purpose.”;
(b) after sub-section (2), the following sub-section shall be inserted,
namely:-
"(24) On receipt of the report under sub-section (2), the Board
shall publish the audit report in such manner as may be prescribed by
the Central Government.";
(c) in sub-section (3), both the provisos shall be omitted.
26. In section 48 of the principal Act,-
(a) after sub-section (2), the following sub-section shall be inserted,
namely:-
"(2A) The proceedings and orders of the Board under
sub-section (1) shall be published in such manner as may be prescribed
by the Central Government.";
(b) in sub-section (3), the words, brackets and figure "and the Tribunal
shall not have any power to stay the operation of the order made by the
Board under sub-section (1)" shall be omitted;
(c) sub-section (4) shall be omitted.
27. After section 50 of the principal Act, the following section shall be
inserted, namely:-
"50A. A person shall not be qualified for being appointed, or for
continuing as, a mutawalli, if he-
(a) is less than twenty-one years of age;
(b) is found to be a person of unsound mind;
(c) is an undischarged insolvent;
(d) has been convicted of any offence and sentenced to
imprisonment for not less than two years;
(e) has been held guilty of encroachment on any waqf property;
(f) has been on a previous occasion-
(i) removed 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.".
28. In section 51 of the principal Act, in sub-section (1A), in the second
proviso, for the words and figures "the Land Acquisition Act, 1894", the words
and figures "the Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 2013” shall be substituted.
29. In section 52 of the principal Act, in sub-section (4), the words "and the
decision of the Tribunal on such appeal shall be final" shall be omitted.
30. In section 52A of the principal Act,—
(a) in sub-section (1), —
(i) for the words "rigorous imprisonment", the word
“imprisonment” shall be substituted;
(ii) in the proviso, for the words “be vested in the Board", the
words "be reverted back to the waqf" shall be substituted;
(b) sub-section (2) shall be omitted;
(c) sub-section (4) shall be omitted.
31. In section 55A of the principal Act, in sub-section (2), in the proviso,
the words "and the decision of the Tribunal thereon shall be final" shall be
omitted.
32. In section 61 of the principal Act,-
(a) in sub-section (1), —
(i) clauses (e) and (f) shall be omitted;
(ii) for the long line, the following shall be substituted,
namely:-
"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.";
(b) after sub-section (1), the following sub-section shall be inserted,
namely:-
"(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.";
(c) in sub-section (5), for the words and figures "the Code of Criminal
Procedure, 1973”, the words and figures “the Bharatiya Nagarik Suraksha
Sanhita, 2023" shall be substituted.
33. In section 64 of the principal Act, —
(a) in sub-section (1), —
(i) for clause (g), the following clause shall be substituted,
namely:-
"(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";
(ii) after clause (k), the following clause shall be inserted,
namely:-
"(1) is a member of any association which has been declared
unlawful under the Unlawful Activities (Prevention) Act, 1967.";
(b) in sub-section (4), the words "and the decision of the Tribunal on
such appeal shall be final” shall be omitted.
34. In section 65 of the principal Act, in sub-section (3), for the words "As
soon as possible”, the words “Within six months” shall be substituted.
35. In section 67 of the principal Act,-
(a) for sub-section (4), the following sub-section shall be substituted,
namely:-
"(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.";
(b) in sub-section (6), in the second proviso, the words “and the order
made by the Tribunal in such appeal shall be final” shall be omitted.
36. In section 69 of the principal Act,-
(a) in sub-section (3), the second proviso shall be omitted;
(b) in sub-section (4), the following proviso shall be inserted,
namely:-
"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.”.
37. In section 72 of the principal Act, —
(a) in sub-section (1), for the words “seven per cent.", the words
"five per cent. subject to a maximum amount as may be prescribed by the
Central Government" shall be substituted;
(b) in sub-section (7), the words “and the decision of the Board thereon
shall be final" shall be omitted.
38. In section 73 of the principal Act, in sub-section (3), the words "and the
decision of the Tribunal on such appeal shall be final" shall be omitted.
39. In section 83 of the principal Act,—
(a) in sub-section (1), the following proviso shall be inserted,
namely:-
"Provided that any other Tribunal may, by notification, be
declared as the Tribunal for the purposes of this Act.";
(b) in sub-section (2), the following proviso shall be inserted,
namely:-
"Provided that if there is no Tribunal or the Tribunal is not
functioning, any aggrieved person may appeal to the High Court
directly.";
(c) for sub-section (4), the following shall be substituted, namely:—
"(4) Every Tribunal shall consist of three members—
(a) one person, who is or has been a District Judge, who
shall be the Chairman;
(b) one person, who is or has been an officer equivalent in
the rank of Joint Secretary to the State Government-member;
(c) one person having knowledge of Muslim law and
jurisprudence-member:
Provided that a Tribunal established under this Act, prior to the
commencement of the Waqf (Amendment) Act, 2025, shall continue
to function as such until the expiry of the term of office of the
Chairman and the members thereof under this Act.";
(d) in sub-section (4A), the following proviso shall be inserted,
namely:-
"Provided that tenure of the Chairman and the member shall be
five years from the date of appointment or until they attain the age of
sixty-five years, whichever is earlier.";
(e) in sub-section (7), the words “final and” shall be omitted;
(f) for sub-section (9), the following sub-section shall be substituted,
namely:-
"(9) Any person aggrieved by the order of the Tribunal, may
appeal to the High Court within a period of ninety days from the date
of receipt of the order of the Tribunal.".
40. In section 91 of the principal Act,-
(a) in sub-section (1), for the words and figures “the Land Acquisition
Act, 1894", the words and figures "the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement
Act, 2013" shall be substituted;
(b) in sub-section (3), for the words and figures “under section 31 or
section 32 of the Land Acquisition Act, 1894", the words and figures "under
section 77 or section 78 of the Right to Fair Compensation and Transparency
in Land Acquisition, Rehabilitation and Resettlement Act, 2013" shall be
substituted;
(c) in sub-section (4), —
(i) for the words and figures "under section 31 or section 32 of
the Land Acquisition Act, 1894", the words and figures "under
section 77 or section 78 of the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement
Act, 2013" shall be substituted;
(ii) for the words "shall be declared void if the Board", the words
"shall be kept in abeyance relating to portion of the property claimed
by the Board, if the Board" shall be substituted;
(iii) the following proviso shall be inserted, namely:—
"Provided that the Collector after hearing the parties
concerned shall make the order within one month of the
application of the Board.".
41. In section 100 of the principal Act, for the words "Survey
Commissioner", the word "Collector" shall be substituted.
42. In section 101 of the principal Act,—
(a) in the marginal heading and in sub-section (1), for the words
"Survey Commissioner” occurring at both the places, the word "Collector"
shall be substituted;
(b) in sub-sections (1) and (2), for the words and figures "section 21
of the Indian Penal Code", at both the places where they occur, the words,
brackets and figures "clause (28) of section 2 of the Bharatiya Nyaya
Sanhita, 2023" shall be substituted.
43. Section 104 of the principal Act shall be omitted.
44. For section 107 of the principal Act, the following section shall be
substituted, namely:-
"107. 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.".
45. Sections 108 and 108A of the principal Act shall be omitted.
46. After section 108A as so omitted of the principal Act, the following
section shall be inserted, namely:—
"108B. (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 (24)
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.".
47. In section 109 of the principal Act, in sub-section (2), —
(a) clause (ia) shall be omitted;
(b) clause (iv) shall be omitted;
(c) in clauses (via) and (vib), for the word and figures "section 31" at
both the places where it occur, the word and figures "section 29" shall be
substituted;
(d) after clause (xviii), the following clause shall be inserted, namely:-
"(xviiia) the manner of giving notice inviting objections under
proviso to sub-section (4) of section 69;".
48. In section 110 of the principal Act, in sub-section (2), clauses (f) and (g)
shall be omitted.
DR. RAJIV MANI,
Secretary to the Govt. of India.
UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI-110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI-110054.