Kerala Gazette No. 29 dated 22nd July 2014.

PART I Section i

GOVERNMENT OF KERALA

Law (Legislation-Publication) Department

NOTIFICATION

No. 9612/Leg.Pbn.2/2014/Law. Dated, Thiruvananthapuram, 16th May, 2014.

The following Act of Parliament published in the Gazette of India,

Extraordinary, Part II, Section I dated the 23rd day of September, 2013 is hereby
republished for general information. The Bill as passed by the Houses of
Parliament received the assent of the President of India on the 20th day
of September, 2013.

By order of the Governor,

C. P. RAMARAJA PREMA PRASAD,

Law Secretary.

G. 25/2014/DTP(27).
 2

THE WAKF (AMENDMENT) ACT, 2013

(ACT NO. 27 OF 2013)

AN
ACT

to amend the Wakf Act, 1995.

BE it enacted by Parliament in the Sixty-fourth Year of the Republic of India

as follows:—
1. Short title and commencement.—(1) This Act may be called the Wakf
(Amendment) Act, 2013.
(2) It shall come into force on such date as the Central Government may,
by notification in the Official Gazette, appoint.
2. Amendment of long title.—In the long title to the Wakf Act, 1995
(43 of 1995), (hereinafter referred to as the principal Act), for the word “Wakfs”,
the word “Auqaf ” shall be substituted.
3. Amendment of section 1.—In section 1 of the principal Act, in
sub-section (1), for the word “Wakf ”, the word “Waqf ” shall be substituted.
4. Substitution of references to certain expressions by certain other
expressions.—Throughout the principal Act, for the words “wakf ”, “wakfs” and
“wakif ”, wherever they occur, the words “waqf ”, “auqaf ” and “waqif ” shall,
respectively, be substituted, and such other consequential amendments as the
rules of grammar may require shall also be made.

5. Amendment of section 3.—In section 3 of the principal Act,—

(i) after clause (e), the following clause shall be inserted, namely:—
‘(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;’;
(ii) for clause (g), the following clause shall be substituted,
namely:—
 3

‘(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;’;
(iii) in clause (i), after the proviso, the following provisos shall be
inserted, namely:—
“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;”;
(iv) in clause (k), in sub-clause (i), for the words “worship”
and “khangah”, the words “offer prayer” and “khanqah, peerkhana and
karbala” shall, respectively, be substituted;
(v) for clause (r), the following clause shall be substituted,
namely:—
‘(r) “waqf ” means the permanent dedication by any person, of
any movable or immovable 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
(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 other purposes as
recognised by Muslim law,
and “waqif ” means any person making such dedication;’.
 4

6. Amendment of section 4.—In section 4 of the principal Act,—

(a) in sub-section (1), for the words “wakfs existing in the State at the
date of the commencement of this Act”, the words “auqaf in the State”
shall be substituted;
(b) after sub-section (1), the following sub-section shall be inserted,
namely:—
“(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, in case such survey was not
done before the commencement of the Wakf (Amendment) Act, 2013:
Provided that where no Survey Commissioner of Waqf has been
appointed, a Survey Commissioner for auqaf shall be appointed within
three months from the date of such commencement.”;
(c) in sub-section (6),—
(i) in the proviso, for the words “twenty years”, the
words “ten years” shall be substituted;
(ii) after the proviso, the following proviso shall be inserted,
namely:—
“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.”.
7. Amendment of section 5.—In section 5 of the principal Act,—
(a) in sub-section (2), for the words “publish in the Official Gazette”,
the words “forward it back to the Government within a period of six
months for publication in the Official Gazette” shall be substituted;
(b) after sub-section (2), the following sub-sections shall be inserted,
namely:—
“(3) The revenue authorities shall—
(i) include the list of auqaf referred to in sub-section (2),
while updating the land records; and
 5

(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.”.

8. Amendment of section 6.—In section 6 of the principal Act, in sub-

section (1),—
(a) for the words “any person interested therein”, the words “any
person aggrieved” shall be substituted;
(b) after the proviso, the following proviso shall be inserted,
namely:—
“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.”;
(c) the Explanation shall be omitted.
9. Amendment of section 7.—In section 7 of the principal Act,—
(a) In sub-section (1),—
(i) for the words “any question”, the words “any question or
dispute” shall be substituted;
(ii) for the words “or any person interested”, the words and figure
“or any person aggrieved by the publication of the list of auqaf under
section 5” shall be substituted;
(b) after sub-section (5), the folIowing sub-section shall be inserted,
namely:—
“(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 in 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

10. Substitution of new section for section 8.—For section 8 of the

principal Act, the following section shall be substituted namely:—

“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.”.
11. Amendment of Section 9.—In section 9 of the principal Act,—
(a) for sub-section (1), the following sub-sections shall be substituted,
namely:—
“(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).”;
(b) in sub-section (2), in clause (b),—
(i) for sub-clause (ii), the following sub-clause shall be
substituted, namely:—
“(ii) four persons of national eminence, one each from
the fields of administration or management, financial
management, engineering or architecture and medicine;”;
(ii) after sub-clause (viii), the following proviso shall be
inserted, namely:—
“Provided that at least two of the members appointed
under sub-clauses (i) to (viii) shall be women.”;.
(c) after sub-section (3), the following sub-sections shall be inserted,
namely:—
“(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
 7

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 over 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.”.
12. Amendment of section 13.— In section 13 of the principal Act,—
(a) after sub-section (1), the following proviso shall be inserted,
namely:—
“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.”;
(b) after sub-section (2), the following sub-section shall be inserted,
namely:—
“(2A) Where a Board of Waqf is established 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.”.
13. Amendment of section 14.—In section 14 of the principal Act,—
(I) In sub-section (1),—
(i) for the words “the Union territory of Delhi”, wherever they
occur, the words “the National Capital Territory of Delhi” shall be
substituted;
(ii) in clause (b),—
 8

(a) for sub-clause (iii), the following sub-clause shall be

substituted, namely:—
“(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”;
(b) after sub-clause (iv), the following Explanations
shall be inserted, namely:—
“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 referred 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 or National Capital Territory of Delhi, or a
Member of the State Legislative Assembly, as the case may
be;”;
(iii) for clauses (c) to (e), the following clauses shall be
substituted, namely:—
“(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;
 9

(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;”;
(II) after sub-section (1), the following sub-section shall be inserted,
namely:—
“(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 territory, 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.”;
(III) sub-section (5) shall be omitted.
(IV) sub-section (7) shall be omitted.
14. Amendment of section 15.— In section 15 of the principal Act, the
words, brackets and figures “from the date of notification referred to in sub-
section (9) of section 14" shall be inserted at the end.
15. Amendment of section 16.—In section 16 of the principal Act,
after clause (d), the following clause shall be inserted, namely:—
“(da) he has been held guilty of encroachment on any waqf
property;”.
16. Insertion of new section 20A.— After section 20 of the principal Act,
the following section shall be inserted, namely:—
G. 25/2014/DTP(27).
 10

“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 removed 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;
(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 are 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 suitable 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 also 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;
 11

(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 shaIl cease to hold office forthwith and shall be
succeeded by his successor who shall be elected by another
resolution in the same meeting;
(j) election of the new Chairperson shall be conducted under
clause (i), in the meeting under the chairmanship of the said presiding
officer referred to in clause (f), in the foIlowing manner, namely:—
(A) Chairperson shall be elected from amongst the elected
members of the Board;
(B) nomination of candidates shall be proposed and
seconded in the meeting itself and election after withdrawal, if
any, shall be held by method of secret ballot;
(C) election shall be held by simple majority of the
members present in the meeting and in case of equality of
votes, the matter shall be decided by drawing of lots; and
(D) proceedings of the meeting shall be signed by the
presiding officer;
(k) new Chairperson elected under clause (h) shall hold the
office only up to the remainder of the term of the Chairperson
removed by the resolution of no confidence; and
(l) if the motion for passing the resolution of no confidence
fails for want of quorum or lack of requisite majority at the meeting, no
subsequent meeting for considering the motion of no confidence shall
be held within six months of the date of the previous meeting.”.

17. Amendment of section 23.—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

who shall be a Muslim and shall be appointed by the State Government,
by notification in the Official Gazette, from a panel of two names
suggested by the Board and who shall not be below the rank of
 12

Deputy Secretary to the State Government, and in case of

non-availability of a Muslim officer of that rank, a Muslim officer of
equivalent rank may be appointed on deputation.”.

18. Substitution of new section for section 27.—For section 27 of the

principal Act, the following section shall be substitued, namely:-

“27. Delegation of powers by Board.—The Board may, by a general

or special order in writing, delegate to the Chairperson, any other member,
the Chief Executive Officer or any other officer or servant of the Board or
any area committee, subject to such conditions and limitations as may be
specified in the said order, such of its powers and duties under this Act,
as it may deem necessary, except the powers and functions of the Board
mentioned under clauses (c), (d), (g) and (j) of sub-section (2) of section
32 and section 110.”.

19. Substitution of new section for section 28.— For section 28 of the
principal Act, the following section shall be substitued, namely:—

“28. Power of District Magistrate, Additional District Magistrate or

Sub-Divisional Magistrate to implement the directions of the Board.—
Subject to the provisions of this Act and the rules made thereunder, the
District Magistrate or in his absence an Additional District Magistrate or
Sub-Divisional Magistrate of a District in the State shall be responsible for
implementation of the decisions of the Board which may be conveyed
through the Chief Executive Officer and the Board may, wherever considers
necessary, seek directions from the Tribunal for the implementation of its
decisions.”.

20. Amendment of section 29.—Section 29 of the principal Act shall be

numbered as sub-section (1) thereof, and—

(a) in sub-section (1) as so numbered, for the words “subject to

such conditions and restrictions as may be prescribed and subject to the
payment of such fees as may be leviable under any law for the time being
in force”, the words “subject to such conditions as may be prescribed”
shall be substituted;

(b) after sub-section (1) as so numbered, the following sub-sections

shall be inserted, namely:—
 13

“(2) The mutawalli or any other person having the custody of

any document related to waqf properties shall produce the same, within
the prescribed period, before the Chief Executive Officer on being
called upon to do so in writing. .
(3) Subject to such conditions as may be prescribed, an agency
of the Government or any other organisation shall supply, within ten
working days, copies of the records, registers of properties or other
documents relating to waqf properties or claimed to be waqf properties,
to the Chief Executive Officer on a written request to this effect from
him:
Provided that before taking any course of action as mentioned in
sub-sections (2) and (3), the Chief Executive Officer shall obtain
approval of the Board.”.
21. Amendment of section 31.—In section 31 of the Principle Act the
following shall be inserted at the end, namely:—
“or a Member of Union territory Legislature or a Member of a State
Legislature if so declared under a law made by the appropriate State
Legislature”.
22. Amendment of section 32.—In section 32 of the principal Act,—
(1) in sub-section (2),— .
(a) for clause (j), the following clause, shalI be substituted,
namely:—
“(j) to sanction lease of any immovable property of
a waqf in accordance with the provisions of this Act and the
rules made thereunder:
Provided that no such sanction shall be given
unless a majority of not less than two-thirds of the members
of the Board present cast their vote in favour of such
transaction:
Provided further that where no such sanction is
given by the Board, the reasons for doing so shall be
recorded in writing.”;
(b) after clause (n), the following clause shall be inserted,
namely:—
“(na) to determine or cause to be determined, in
such manner as may be specified by the Board, market rent
of the waqf land or building;”;
 14

(II) in sub-section (4), for the words “offers a feasible potential for
development as a shopping centre”, the words “has the potential for
development as an educational institution, shopping centre, market, housing
or residential flats and the like” shall be substituted;
(III) in sub-section (5), the words “with the prior approval of the
Government,” shall be omitted.
23. Amendment of section 33.—In section 33 of the principal Act, in
sub-section (1),—
(a) after the words “the Chief Executive Officer”, the words “or any
other person authorised by him in writing” shall be inserted;
(b) the words “either himself or any other person authorised by him
in writing in this behalf” shall be omitted.
24. Amendment of section 36.—In section 36 of the principal Act, in
sub-section (2), in the proviso, for the words “made by the wakf”, the words
“made by the waqf” shall be substituted.
25. Amendment of section 37.— Section 37 of the principal Act shalI be
numbered as sub-section (1) thereof, and after sub-section (1) as so numbered,
the following sub-sections shall be inserted, namely:—
“(2) The Board shall forward the details of the properties
entered in the register of auqaf to the concerned land record office
having jurisdiction of the waqf property.
(3) On receipt of the details as mentioned in sub-section (2), the
land record office shall, according to established procedure, either make
necessary entries in the land record or communicate, within a period of
six months from the date of registration waqf property under section 36,
its objections to the Board.”.
26. Amendment of section 44.—In section 44 of the principal Act,—
(a) in sub-section (2), for the words “ninety days”, the words
“thirty days” shall be substituted;—
(b) for sub-section (3), the following sub-section shall be
substituted, namely:—
“(3) In case the Board considers any item in the
budget being coutrary to the objects of the waqf and the
provisions of this Act, it may give such direction for addition
or deletion of such item as it may deem fit.”.
 15

27. Amendment of section 46.—In section 46 of the principal Act, in

sub-section (2), for the figures, letters and words “1st day of May”, at both the
places where they occur, the figure, letters and words “1st day of July” shall be
substituted.
28. Amendment of section 47.—In section 47 of the principal Act,—
(I) in sub-section (1),— .
(i) In clause (a), for the words “ten thousand rupees”, the
words “fifty thousand rupees” shall be substituted ;
(ii) in clause (b), for the words “ten thousand rupees”, the
words ‘fifty thousand rupees” shall be substituted ;
(iii) in clause (c), after the words “the State Government
may,” “the words ”under initimation to the Board,” shall be inserted
(II) in sub-section (3), in the first proviso, for the words
“more than ten thousand rupees but less than fifteen thousand
rupees”, the words “more than fifty thousand rupees” shall be
substituted.
29. Amendment of section 51.—In section 51 of the principal Act,—
(i) for sub-section (1),—the following sub-sections shall be
substituted, namely:— .
“(1) Notwithstanding anything contained in the waqf deed, any
lease of any immovable property which is waqf property, shall be
void unless such lease is effected with the prior sanction of the
Board:
Provided that no mosque, dargah, khanqah, graveyard, or
imambara shall be leased except any unused graveyards in the State,
of Punjab, Haryana and Himachal Pradesh where such graveyard has
been leased out before the date of commencement of the Wakf
(Amendment) Act, 2013.
(1A) Any sale, gift, exchange, mortgage or transfer of waqf
property shall be void ab initio :
Provided that in case the Board is satisfied that any waqf
property may be developed for the purposes of the Act, it may, after
recording reasons in writing, take up the development of such
property through such agency and in such manner as the Board
 16

may determine and move a resolution containg recommendation of

development of such waqf property, which shall be passed by
majority of two-thirds of the total membership of the Board:
Provided further that nothing contained in this sub-section shall
affect any acquisition of waqf properties for a public purpose under
the Land Acquisition Act, 1894 (1 of 1894) or any other law relating
to acquisition of land if such acquisition is made in consultation
with the Board.
Provided also that—
(a) the acquisition shall not be in contravention of the
Places of Public Worships (Special Provisions) Act, 1991 (42 of
1951);
(b) the purpose for which the land is being acquired shall
be undisputedly for a public purpose;
(c) no alternative land is available which shall be
considered as more or less suitable for that purpose; and.
(d) to safeguard adequately the interest and objective of
the waqf, the compensation shall be at the prevailing market
value or a suitable land with reasonable solatium in lieu of the
acquired property.”;
(ii) sub-sections (2), (3), (4) and (5) shall be omitted.
30. Amendment of section 52.—In section 52 of the principal Act, in
sub-section (1), after the words and figures “provisions of section 51”, the
words and figures “or section 56” shall be inserted.
31. Insertion of new section 52A.—After section 52 of the principal Act,
the following section shall be inserted, namely:—
“52A. Penalty for alienation of waqf property without sanction
of Board .—(1) Whoever alienates or purchases or takes possession of, in
any manner whatsoever, either permanently or temporarily, any movable or
immovable of property being a waqf property, without prior sanction of the
Board, shall be punishable with rigorous imprisonment for a term which may
extend to two years:
Provided that the waqf property so alienated shall without prejudice
to the provisions of any law for the time being in force, be vested in the
Board without any compensation therefor.
 17

(2) Notwithstanding anything contained in the Code of Criminal

Procedure, 1973 (2 of 1974) any offence punishable under this section shall
be cognizable and non-bailable.
(3) No court shall take cognizance of any offence under this section
except on a complaint made by the Board or any officer duly authorised by
the State Government in this behalf.
(4) No court inferior to that of a Metropolitan Magistrate or a
Judicial Magistrate of the first class shall try any offence punishable under
this section.”.
32. Amendment of section 54.—In section 54 of the principal Act,—
(a) in sub-section (3), for the words “he may, by an order, require
the encroacher to remove”, the words “he may, make an application to the
Tribunal for grant of order of eviction for removing” shall be substituted;
(b) for sub-section (4), the following sub-sections shall be
substituted, namely:— .
“(4) The Tribunal, upon receipt of such application from the
Chief Executive Officer, for reasons to be recorded therein, make
an order of eviction directing that the waqf property shall
be vacated by all persons who may be in occupation thereof or
any part thereof, and cause a copy of the order to be affixed on
the outer door or some other conspicuous part of the waqf
property:
Provided that the Tribunal may before making an order of
eviction, give an opportunity of being heard to the person
against whom the application for eviction has been made by the
Chief Executive Officer.
(5) If any person refuses or fails to comply with the order of
eviction within forty- five days from the date of affixture of the
order under sub-section (2), the Chief Executive Officer or any
other person duly authorised by him in this behalf may evict that
person from, and take possession of, the waqf property.”
33. Amendment of section 55.—In section 55 of the principal Act,—
(a) for the word, brackets and figure “sub-section (3)”, the
word, brackets and figure “sub-section (4)” shall be substituted;
G. 25/2014/DTP(27).
 18

(b) for the words “apply to the Sub-Divisional Magistrate”, the words
“refer the order of the Tribunal to the Executive Magistrate” shall be
substituted.
34. Insertion of new section 55A.—After section 55 of the principal Act,
the following section shall be inserted, namely:—
“55A. Disposal property left on waqf property by unauthorized
occupants.—(1) Where any person has been evicted from any waqf
property under sub-section (4) of section 54, the Chief Executive Officer
may after giving fourteen days’ notice to the person from whom
possession of the waqf property has been taken and after publishing the
notice in at least one newspaper having circulation in the locality and after
proclaiming the contents of the notice by placing it on conspicuous part of
the waqf property, remove or cause to be removed or dispose of by public
auction any property remaining on such premises.
(2) Where any property is sold under sub-section (1), the sale proceeds
shall, after deducting the expenses relating to removal, sale and such other
expenses, the amount, if any, due to the State Government or a local
authority or a corporate authority on account of arrears of rent, damages or
costs, be paid to such person, as may appear to the Chief Executive Officer
to be entitled to the same :
Provided that where the Chief Executive Officer is unable to decide as
to the person to whom the balance of the amount is payable or as to the
appointment of the same, he may refer such dispute to the Tribunal and the
decision of the Tribunal thereon shall be final.”.
35. Amendment of section 56.—In section 56 of the principal Act,—
(a) in sub-section (1),—
(i) for the words “A lease or sub-lease for any period
exceeding three years”, the words “A lease for any period
exceeding thirty years” shall be substituted;
(ii) the following provisos shall be inserted at the end,
namely:—
“Provided that a lease for any period up to thirty
years may be made for commercial activities, education or
health purposes, with the approval of the State Government,
for such period and purposes as may be specified in the
rules made by the Central Government:
 19

Provided further that lease of any immovable waqf

property, which is an agricultural land, for a period exceeding
three years shall, notwithstanding anything contained in the
deed or instrument of waqf or in any other law for the time
being in force, be void and of no effect:
Provided also that before making lease of any waqf
property, the Board shall publish the details of lease and
invite bids in at least one leading national and regional news
papers.”;
(b) in sub-section (2), for the words “A lease or sub-lease for
any period exceeding one year and not exceeding three years”, the
words “A lease for a period of one year but not exceeding thirty years”
shall be substituted ; .
(c) in sub-section (3),—
(i) the words “or sub-lease”, at both the places where
they occur, shall be omitted;
(ii) the following proviso shall be inserted at the end,
namely:—
“Provided that the Board shall immediately intimate the
State Government regarding a lease for any period exceeding
three years of any waqf property and thereafter it may become
effective after the expiry of forty-five days from the date on
which the Board intimates the State Government.”;
(d) after sub-section (3), the following sub-section shall be
inserted, namely:—
“(4) Every rule made by the Central Government under
this section 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.”.
 20

36. Amendment of section 61.—In section 61 of the principal Act, in sub-

section (1), for the words “eight thousand rupees”, the words, brackets and
letters “ten thousand rupees for non-compliance of clauses (a) to (d) and in
case of non-compliance of clauses (e) to (h), he shall be punishable with
imprisonment for a term which may extend to six months and also with fine
which may extend to ten thousand rupees” shall be substituted.
37. Amendment of section 65.—In section 65 of the principal Act, after
sub-section (4), the following sub-section shall be inserted, namely:—
“(5) Notwithstanding anything contained in sub-section (1), the
Board shall take over the administration of a waqf, if the waqf Board has
evidence before it to prove that management of the waqf has contravened
the provisions of this Act.”.
38. Amendment of section 68.—In section 68 of the principal Act,—
(i) in sub-section (2), for the words “Magistrate of the first class”
and “Magistrate”, the words “District Magistrate, Additional District
Magistrate, Sub-Divisional Magistrate or their equivalent” shall be
substituted;
(ii) in sub-sections (3), (4), (5) and sub-section (6), for the
words “the Magistrate” the words “any Magistrate” shall be substituted.
39. Amendment of section 69.—In section 69 of the principal Act, for sub-
section (1), the following sub-section shall be substituted, namely:—
“(1) Where the Board is satisfied after an enquiry, whether on its
own motion or on the application of not less than five persons interested
in any waqf, to frame a scheme for the proper administration of the waqf, it
may, by an order, frame such scheme for the administration of the waqf,
after giving reasonable opportunity and after consultation with the
mutawalli or others in the prescribed manner.”.
40. Amendment of section 71.—In section 71 of the principal Act, in sub-
section (1), for the figures “73”, the figures “70” shall be substituted.
41. Amendment of section 72.—In section 72 of the principal Act, in sub-
section (1), in Explanation I, in clause (iii),—
(i) after the words “following purposes”, the words “in respect of
lands directly under cultivation by the mutawalli for the benefit of the
waqf ” shall be inserted ;
 21

(ii) in sub-clause (f), in the proviso, for the words “ten per cent.”,
the words “twenty per cent.” shall be substituted;
(iii) after the proviso, the following proviso shall be inserted,
namely:—
“Provided further that no such deduction shall be permitted in
respect of waqf land given on lease, by whatever name called,
whether batai or share cropping or any other name.”.
42. Amendment of section 77.— In section 77 of the Principal Act, in
sub-section (4), after clause (f), the following clause shall be inserted,
namely:—
“(g) payment of maintenance to Muslim women as ordered by a
court of competent jurisdiction under the provisions of the Muslim Women
(Protection of Rights on Divorce) Act, 1986 (25 of 1986).”.
43. Amendment of section 81.—In section 81 of the Principal Act, after
the words “as it thinks fit”, the following shall be inserted at the end,
namely:—
“ and a copy of the said auditor’s report, along with orders shall
be forwarded by the State Government to the Council within a period of
thirty days of laying of such report before each House of the State
Legislature where it consists of two Houses or where such Legislatures
consist of one House, before that House.”.
44. Amendment of section 83.—In section 83 of the Principal Act,—
(a) for sub-section (1), the following sub-section shall be
substituted, namely:—
“(1) The State Government shall, by notification in the
Official Gazette, constitute as many Tribunals as it may think fit,
for the determination of any dispute, question or other matter
relating to a waqf or waqf property, eviction of a tenant or
determination of rights and obligations of the lessor and the lessee
of such property, under this Act and define the local limits and
jurisdiction of such Tribunals;”;
(b) for sub-section (4), the following sub-sections shall be
substituted, namely:—
“(4) Every Tribunal shall consist of—
 22

(a) one person, who shall be a member of the State Judicial

Service holding a rank, not below that of a District, Sessions or
Civil Judge, Class I, who shall be the Chairman;
(b) one person, who shall be an officer from the State Civil
Services equivalent in rank to that of the Additional District
Magistrate, Member;
(c) one person having knowledge of Muslim law and
jurisprudence, Member;
and the appointment of every such person shall be made either by
name or by designation.
(4A) 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 shall be such as
may be prescribed.”.
45. Amendment of section 85.—In section 85 of the principal Act, for
the words “civil court”, the words “civil court, revenue court and any other
authority” shall be substituted.
46. Amendment of section 86.—In section 86 of the principal Act, in
clause (b), after the words “a previous mutawalli”, the words “or by any other
person” shall be inserted.
47. Ommission of section 87.—Section 87 of the principal Act shall be
omitted.
48. Amendment of section 90.—In section 90 of the principal Act, in
sub-section (3), for the words “one month”, the words “six months” shall be
substituted.
49. Amendment of section 91.—In section 91 of the principal Act, in
sub-section (1), for the words “it appears to the collector before an award is
made that any property”, the words “and before an award is made, in case the
property” shall be substituted.
50. Amendment of section 97.—In section 97 of the principal Act, the
following proviso shall be inserted at the end, namely:—
“Provided that the State Government shall not issue any direction
being contrary to any waqf deed or any usage; practice or custom of the
waqf.”.
 23

51. Amendment of section 99.—In section 99 of the principal Act,—

(a) in sub-section (1), after the proviso, the following proviso
shall be inserted, namely:—
“Provided further that the power of the State Government
under this section shall not be exercised unless there is a
prima facie evidence of financial irregularity, misconduct or
violation of the provisions of this Act.”;
(b) in sub-section (3), for clause (a), the following clause shall
be substituted, namely:—
“(a) extend the period of supersession by another six
months with reasons to be recorded in writing and, the period of
continuous supersession shall not exceed more than a year; or”.
52. Amendment of section 102.—In section 102 of the principal Act, in sub-
section (2), for the words “after consulting the State Governments”, the words
“after consulting the Council and the State Governments” shall be substituted.
53. Insertion of new section 104 A.—After section 104 of the principal
Act, the following section shall be inserted, namely:—
“104A. Prohibition of sale, gift, exchange, mortgage or transfer of
waqf property.—(1) Notwithstanding anything contained in this Act or any
other law for the time being in force or any waqf deed, no person shall sell,
gift, exchange, mortgage or transfer any movable or immovable property
which is a waqf property to any other person.
(2) Any sale, gift, exchange, mortgage or transfer of property referred
to in sub-section (1) shall be void ab initio.”.
54. Insertion of new section 104 B.—After section 104A of the principal
Act, the following section shall be inserted, namely:—
“104 B. Restoration of waqf properties in occupation of Government
agencies to waqf board.— (1) If any waqf property has been occupied
by the Government agencies it shall be returned to the Board or the
mutawalli within a period of six months from the date of the order of the
Tribunal.
(2) The Government agency may, if the property is required for a
public purpose, make an application for determination of the rent, or as the
case may be, the compensation, by the Tribunal at the prevailing market
value.”.
55. Amendment of section 106.—In section 106 of the principal Act, in
sub-section (1), for the words “after consultation with the Government”, the
words “after consultation with the Council and the Government” shall be
substituted.
 24

56. Insertion of new section 108 A.—After section 108 of the principal Act,
the following section shall be inserted, namely:—
“108A. Act to have overriding effect.—The provisions of this Act
shall have overriding effect notwithstanding anything inconstitent therewith
contained in any other law for the time being in force or in any instrument
having effect by virtue of any law other than this Act.”.
57. Amendment of section 109.—In section 109 of the principal Act, in
sub-section (2),—
(a) for clause (i), the following clauses shall be substituted, namely:—
“(i) the qualifications required to be fulfilled by a person to be
appointed as a mutawalli under clause (i) of section 3;
(ia) other particulars which the report of the Survey Commissioner
may contain under clause (f) of sub-section (3) of section 4;”;
(b) in clause (vi), for the word “under”, the words, brackets and
figure “under sub-section (1) of” shall be substituted;
(c) after clause (vi), the following clauses shall be inserted,
namely:—
“(via) the period within which the mutawalli or any other
person ma produce documents related to waqf properties under
sub- section (2) of section 31 ;
(vib) the conditions under which an a gency of the
Government or any other organisation may supply copies of
records, registers and other documents under sub-section (3) of
section 31 ;”;
(d) clause (xi) shall be omitted;
(e) after clause (xxii), the following clause shall be inserted,
namely:—
“(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;”.