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 date4
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 reference 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 mutawalli 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;
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[(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;
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[(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 authority, 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, khandim, 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 any
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 pecuniary 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
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[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;
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[(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
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 other
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.