The Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995
(Act No. 43 of 1995) — formerly the Waqf Act, 1995, renamed by the Waqf (Amendment) Act, 2025 (14 of 2025), w.e.f. 8-4-2025. An Act to provide for the better administration of Auqaf and for matters connected therewith or incidental thereto.
Chapter I — Preliminary
- Section 1 — Short title, extent and commencement
- Section 2 — Application of the Act
- Section 3 — Definitions
- Section 3A — Certain conditions of waqf
- Section 3B — Filing of details of waqf on portal and database
- Section 3C — Wrongful declaration of waqf
- Section 3D — Declaration of protected monument as waqf to be void
- Section 3E — Bar of declaration of land belonging to Scheduled Tribes as waqf
Chapter II — Survey of Auqaf
- Section 4 — Survey of auqaf
- Section 5 — Publication of list of auqaf
- Section 6 — Disputes regarding auqaf
- Section 7 — Power of Tribunal to determine disputes regarding auqaf
- Section 8 — State Government to bear cost of survey
Chapter III — Central Waqf Council
- Section 9 — Establishment and constitution of Central Waqf Council
- Section 10 — Finance of Council
- Section 11 — Accounts and audit
- Section 12 — Power of Central Government to make rules
Chapter IV — Establishment of Boards and their Functions
- Section 13 — Incorporation
- Section 14 — Composition of Board
- Section 15 — Term of office
- Section 16 — Disqualification for being appointed, or for continuing as, a member of the Board
- Section 17 — Meetings of the Board
- Section 18 — Committees of the Board
- Section 19 — Resignation of Chairperson and members
- Section 20 — Removal of Chairperson and member
- Section 20A — [Omitted]
- Section 21 — Filling of a vacancy
- Section 22 — Vacancies, etc., not to invalidate proceedings of the Board
- Section 23 — Appointment of Chief Executive Officer and his term of office and other conditions of service
- Section 24 — Officers and other employees of the Board
- Section 25 — Duties and powers of Chief Executive Officer
- Section 26 — Powers of Chief Executive Officer in respect of orders or resolutions of Board
- Section 27 — Delegation of powers by the Board
- Section 28 — Power of District Magistrate, Additional District Magistrate or Sub-Divisional Magistrate to implement the directions of the Board
- Section 29 — Powers of Chief Executive Officer to inspect records, registers, etc.
- Section 30 — Inspection of records
- Section 31 — Prevention of disqualification for membership of Parliament
- Section 32 — Powers and functions of the Board
- Section 33 — Powers of inspection by Chief Executive Officer or persons authorised by him
- Section 34 — Recovery of the amount determined under section 33
- Section 35 — Conditional attachment by Tribunal
Chapter V — Registration of Auqaf
- Section 36 — Registration
- Section 37 — Register of auqaf
- Section 38 — Powers of Board to appoint Executive Officer
- Section 39 — Powers of Board in relation to auqaf which have ceased to exist
- Section 40 — [Omitted]
- Section 41 — Power to cause registration of waqf and to amend register
- Section 42 — Change in the management of auqaf to be notified
- Section 43 — Auqaf registered before the commencement of this Act deemed to be registered
Chapter VI — Maintenance of Accounts of Auqaf
- Section 44 — Budget
- Section 45 — Preparation of budget of auqaf under direct management of the Board
- Section 46 — Submission of Accounts of auqaf
- Section 47 — Audit of accounts of auqaf
- Section 48 — Board to pass orders on auditor’s report
- Section 49 — Sums certified to be due recoverable as arrears of land revenue
- Section 50 — Duties of mutawalli
- Section 50A — Disqualification of mutawalli
- Section 51 — Alienation of waqf property without sanction of Board to be void
- Section 52 — Recovery of waqf property transferred in contravention of section 51
- Section 52A — Penalty for alienation of waqf property without sanction of Board
- Section 53 — Restriction on purchase of property on behalf of waqf
- Section 54 — Removal of encroachment from waqf property
- Section 55 — Enforcement of orders made under section 54
- Section 55A — Disposal of property left on waqf property by unauthorised occupants
- Section 56 — Restriction on power to grant lease of waqf property
- Section 57 — Mutawalli entitled to pay certain costs from income of waqf property
- Section 58 — Power of Board to pay dues in case of default by mutawalli
- Section 59 — Creation of reserve fund
- Section 60 — Extension of time
- Section 61 — Penalties
- Section 62 — Mutawalli not to spend any money belonging to waqf for self defence
- Section 63 — Power to appoint mutawallis in certain cases
- Section 64 — Removal of mutawalli
- Section 65 — Assumption of direct management of certain auqaf by the Board
- Section 66 — Powers of appointment and removal of mutawalli when to be exercised by the State Government
- Section 67 — Supervision and supersession of committee of management
- Section 68 — Duty of mutawalli or committee to deliver possession of records, etc.
- Section 69 — Power of Board to frame scheme for administration of waqf
- Section 70 — Inquiry relating to administration of waqf
- Section 71 — Manner of holding inquiry
Chapter VII — Finance of the Board
- Section 72 — Annual contribution payable to Board
- Section 73 — Power of Chief Executive Officer to direct banks or other person to make payments
- Section 74 — Deduction of contribution from perpetual annuity payable to the waqf
- Section 75 — Power of board to borrow
- Section 76 — Mutawalli not to lend or borrow moneys without sanction
- Section 77 — Waqf Fund
- Section 78 — Budget of Board
- Section 79 — Accounts of Board
- Section 80 — Audit of accounts of Board
- Section 81 — State Government to pass orders on auditor’s report
- Section 82 — Dues of Board to be recovered as arrears of land revenue
Chapter VIII — Judicial Proceedings
- Section 83 — Constitution of Tribunals, etc.
- Section 84 — Tribunal to hold proceedings expeditiously and to furnish to the parties copies of its decision
- Section 85 — Bar of jurisdiction of civil courts
- Section 86 — Appointment of a receiver in certain cases
- Section 87 — [Omitted]
- Section 88 — Bar to challenge the validity of any notification, etc.
- Section 89 — Notice of suits by parties against Board
- Section 90 — Notice of suits, etc., by courts
- Section 91 — Proceedings under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
- Section 92 — Board to be party to suit or proceeding
- Section 93 — Bar to compromise of suits by or against mutawallis
- Section 94 — Power to make application to the Tribunal in case of failure of mutawalli to discharge his duties
- Section 95 — Power of appellate authority to entertain appeal after expiry of specified period
Chapter IX — Miscellaneous
- Section 96 — Power of Central Government to regulate secular activities of auqaf
- Section 97 — Directions by State Government
- Section 98 — Annual report by State Government
- Section 99 — Power to supersede Board
- Section 100 — Protection of action taken in good faith
- Section 101 — Collector, members and officers of the Board, deemed to be public servants
- Section 102 — Special provision for reorganisation of certain Boards
- Section 103 — Special provision for establishment of Board for part of a State
- Section 104 — [Omitted]
- Section 104A — Prohibition of sale, gift, exchange, mortgage or transfer of waqf property
- Section 104B — Restoration of waqf properties in occupation of Government agencies to waqf Board
- Section 105 — Power of Board and Chief Executive Officer to require copies of documents, etc., to be furnished
- Section 106 — Powers of Central Government to constitute common Boards
- Section 107 — [Omitted]
- Section 108 — [Omitted]
- Section 108A — [Omitted]
- Section 108B — Power of Central Government to make rules
- Section 109 — Power to make rules
- Section 110 — Powers to make regulations by the Board
- Section 111 — Laying of rules and regulations before State Legislature
- Section 112 — Repeal and savings
- Section 113 — Power to remove difficulties
