44. Budget.—(1) Every mutawalli of a 1
[waqf] shall, in every year prepare, in such form and at such
time as may be prescribed, a budget in respect of the financial year next ensuing showing the estimated
receipts and expenditure during that financial year.
(2) Every such budget shall be submitted by the mutawalli at least 3
[thirty days] before the beginning
of the financial year to the Board and shall make adequate provision for the following:—
(i) for carrying out the objects of the 1
[waqf];
(ii) for the maintenance and preservation of the 1
[waqf] property;
(iii) for the discharge of all liabilities and subsisting commitments binding on the 1
[waqf] under
this Act or any other law for the time being in force.
4
[(3) In case the Board considers any item in the budget being contrary 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.]
1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013).
2. Subs. by s. 4, ibid., for “wakfs” (w.e.f. 1-11-2013).
3. Subs. by s. 26, ibid., for “ninety days” (w.e.f. 1-11-2013).
4. Subs. by s. 26, ibid., for sub-section (3) (w.e.f. 1-11-2013).
25
(4) If in the course of the financial year the mutawalli finds it necessary to modify the provisions
made in the budget in regard to the receipt or to the distribution of the amounts to be expended under the
different heads, he may submit to the Board a supplementary or a revised budget and the provisions of
sub-section (3) shall, as far as may be, apply to such supplementary or revised budget.
45. Preparation of budget of 1
[auqaf] under direct management of the Board.—(1) The Chief
Executive Officer shall prepare, in such form and at such time as may be prescribed, a budget in respect
of the financial year next ensuing showing the estimated receipts and expenditure for each of the 1
[auqaf]
under the direct management of the Board, showing therein the estimated receipts and expenditure and
submit it to the Board for its approval.
(2) While submitting the budget under sub-section (1), the Chief Executive Officer shall also prepare
statement giving details of the increase, if any, in the income of each 2
[waqf] under the direct
management of the Board and the steps which have been taken for its better management and the results
accruing therefrom during the year.
(3) The Chief Executive Officer shall keep regular accounts and be responsible for the proper
management of every 2
[waqf] under the direct management of the Board.
(4) Every budget submitted by the Chief Executive Officer under sub-section (1) shall comply with
the requirements of section 46 and, for this purpose, references therein to the mutawalli of the 3
[waqf]
shall be construed as references to the Chief Executive Officer.
(5) The audit of accounts of every 2
[waqf] under the direct management of the Board shall be
undertaken by the State Examiner of Local funds or any other officer appointed by the State Government
for this purpose, irrespective of the income of the 2
[waqf].
(6) The provisions of sub-sections (2) and (3) of section 47 and the provisions of sections 48 and 49
shall, in so far as they are not inconsistent with the provisions of this section, apply to the audit of
accounts referred to in this section.
(7) Where any 2
[waqf] is under the direct management of the Board, such administrative charges as
may be specified by the Chief Executive Officer shall be payable by the 2
[waqf] to the Board:
Provided that the Chief Executive Officer shall not collect more than ten per cent. of the gross annual
income of the 2
[waqf] under the direct management of the Board as administrative charges.
46. Submission of Accounts of 1
[auqaf].—(1) Every mutawalli shall keep regular accounts.
(2) Before the 3
[1st day of July] next, following the date on which the application referred to
in section 36 has been made and thereafter before the 3
[1st day of July] in every year, every mutawalli of
a 2
[waqf] shall prepare and furnish to the Board a full and true statement of accounts, in such form and
containing such particulars as may be provided by regulations by the Board, of all moneys received or
expended by the mutawalli on behalf of the 2
[waqf] during the period of twelve months ending on the
31st day of March, or, as the case may be, during that portion of the said period during which the
provisions of this Act, have been applicable to the 2
[waqf]:
Provided that the date on which the annual accounts are to be closed may be varied at the discretion
of the Board.
47. Audit of accounts of 1
[auqaf].—(1) The accounts of 1
[auqaf] submitted to the Board under
section 46 shall be audited and examined in the following manner, namely:—
(a) in the case of a
2
[waqf] having no income or a net annual income not exceeding
4
[fifty thousand rupees], the submission of a statement of accounts shall be a sufficient compliance
with the provisions of section 46 and the accounts of two per cent. of such 1
[auqaf] shall be audited
annually by an auditor appointed by the Board;
(b) the accounts of the 2
[waqf] having net annual income exceeding 4
[fifty thousand rupees] shall
be audited annually, or at such other intervals as may be prescribed, by an auditor appointed by the
1. Subs. by Act 27 of 2013, s. 4, for “wakfs” (w.e.f. 1-11-2013).
2. Subs. by s. 4, ibid., for “wakf” (w.e.f. 1-11-2013).
3. Subs. by s. 27, ibid., for “1st day of May” (w.e.f. 1-11-2013).
4. Subs. by s. 28, ibid., for “ten thousand rupees” (w.e.f. 1-11-2013).
26
Board from out of the panel of auditors prepared by the State Government and while drawing up such
panel of auditors, the State Government shall specify the scale of remuneration of auditors;
(c) the State Government may, 1
[under intimation to the Board,] at any time cause the account of
any 2
[waqf] audited by the State Examiner of Local Funds or by any other officer designated for that
purpose by that State Government.
(2) The auditor shall submit his report to the Board and the report of the auditor shall among other
things, specify all cases of irregular, illegal or improper expenditure or of failure to recover money or
other property caused by neglect or misconduct and any other matter which the auditor considers it
necessary to report; and the report shall also contain the name of any person who, in the opinion of the
auditor, is responsible for such expenditure or failure and the auditor shall in every such case certify the
amount of such expenditure or loss as due from such person.
(3) The cost of the audit of the accounts of a 2
[waqf] shall be met from the funds of that 2
[waqf]:
Provided that the remuneration of the auditors appointed from out of the panel drawn by the State
Government in relation to 3
[auqaf] having a net annual income of 4
[more than fifty thousand rupees] shall
be paid in accordance with the scale of remuneration specified by the State Government under clause (c)
of sub-section (1):
Provided further that where the audit of the accounts of any 2
[waqf] is made by the State Examiner of
Local Funds or any other officer designated by the State Government in this behalf, the cost of such audit
shall not exceed one and a half per cent. of the net annual income of such 2
[waqf] and such costs shall be
met from the funds of the 3
[auqaf] concerned.
48. Board to pass orders on auditor’s report.—(1) The Board shall examine the auditor’s report,
and may call for the explanation of any person in regard to any matter mentioned therein, and shall pass
such orders as it thinks fit including orders for the recovery of the amount certified by the auditor under
sub-section (2) of section 47.
(2) The mutawalli or any other person aggrieved by any order made by the Board may, within thirty
days of the receipt by him of the order, apply to the Tribunal to modify or set aside the order and the
Tribunal may, after taking such evidence as it may think necessary, confirm or modify the order or remit
the amount so certified, either in whole or in part, and may also make such order as to costs as it may
think appropriate in the circumstances of the case.
(3) No application made under sub-section (2) shall be entertained by the Tribunal unless the amount
certified by the auditor under sub-section (2) of section 47 has first been deposited in the Tribunal and the
Tribunal shall not have any power to stay the operation of the order made by the Board under
sub-section (1).
(4) The order made by the Tribunal under sub-section (2) shall be final.
(5) Every amount for the recovery of which any order has been made under sub-section (1) or
sub-section (2) shall, where such amount remains unpaid, be recoverable in the manner specified
in section 34 or section 35 as if the said order were an order for the recovery of any amount determined
under sub-section (3) of section 35.
49. Sums certified to be due recoverable as arrears of land revenue.—(1) Every sum certified to
be due from any person by an auditor in his report under section 47 unless such certificate is modified or
cancelled by an order of the Board or of the Tribunal made under section 48, and every sum due on a
modified certificate shall be paid by such person within sixty days after the service of a demand notice for
the same issued by the Board.
(2) If such payment is not made in accordance with the provisions of sub-section (1), the sum payable
may, on a certificate issued by the Board after giving the person concerned an opportunity of being heard,
be recovered in the same as an arrear of land revenue.
1. Ins. by Act 27 of 2013, s. 28 (w.e.f. 1-11-2013).
2. Subs. by s. 4, ibid., for “wakf” (w.e.f. 1-11-2013).
3. Subs. by s. 4, ibid., for “wakfs” (w.e.f. 1-11-2013).
4. Subs. by s. 28, ibid., for “more than ten thousand rupees but less than fifteen thousand rupees” (w.e.f. 1-11-2013).
27
50. Duties of mutawalli.—It shall be the duty of every mutawalli—
(a) to carry out the directions of the Board in accordance with the provisions of this Act or of any
rule or order made thereunder;
(b) to furnish such returns and supply such information or particulars as may from time to time be
required by the Board in accordance with the provisions of this Act or of any rule or order made
thereunder;
(c) to allow inspection of 1
[waqf] properties, accounts or records or deeds and documents relating
thereto;
(d) to discharge all public dues; and
(e) to do any other act which he is lawfully required to do by or under this Act.
51. Alienation of 1
[waqf] property without sanction of Board to be void.—2
[(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 States of Punjab, Haryana and Himachal Pradesh where such graveyard has been leased
out before the date of commencement of the Wakf (Amendment) Act, 2013 (27 of 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 may determine and move a resolution containing
recommendation of development of such waqf property, which shall be passed by a 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 Worship (Special
Provisions) Act, 1991 (42 of 1991);
(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.]
3
* * * * *
52. Recovery of 1
[waqf] property transferred in contravention of section 51.—(1) If the Board is
satisfied, after making any inquiry in such manner as may be prescribed, that any immovable property of
a 1
[waqf] entered as such in the register of 1
[waqf] maintained under section 36, has been transferred
without the previous sanction of the Board in contravention of the provisions of section 51 4
[or section
56], it may send a requisition to the Collector within whose jurisdiction the property is situate to obtain
and deliver possession of the property to it.
1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013).
2. Subs. by s. 29, ibid., for sub-section (1) (w.e.f. 1-11-2013).
3. Sub-sections (2), (3), (4) and (5) omitted by s. 29, ibid. (w.e.f. 1-11-2013).
4. Ins. by s. 30, ibid. (w.e.f. 1-11-2013).
28
(2) On receipt of a requisition under sub-section (1), the Collector shall pass an order directing the
person in possession of the property to deliver the property to the Board within a period of thirty days
from the date of the service of the order.
(3) Every order passed under sub-section (2) shall be served—
(a) by giving or tendering the order, or by sending it by post to the person for whom it is
intended; or
(b) if such person cannot be found, by affixing the order on some conspicuous part of his last
known place of abode or business, or by giving or tendering the order to some adult male member or
servant of his family or by causing it to be affixed on some conspicuous part of the property to which
it relates:
Provided that where the person on whom the order is to be served, is a minor, service upon his
guardian or upon any adult male member or servant of his family shall be deemed to be the service upon
the minor.
(4) Any person aggrieved by the order of the Collector under sub-section (2) may, within a period of
thirty days from the date of the service of the order, prefer an appeal to the Tribunal within whose
jurisdiction the property is situate and the decision of the Tribunal on such appeal shall be final.
(5) Where an order passed under sub-section (2) has not been complied with and the time for
appealing against such order has expired without an appeal having been preferred or the appeal, if any,
preferred within that time has been dismissed, the Collector shall obtain possession of the property in
respect of which the order has been made, using such force, if any, as may be necessary for the purpose
and deliver it to the Board.
(6) In exercising his functions under this section the Collector shall be guided by such rules as may be
provided by regulations.
1
[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 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.
(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.]
53. Restriction on purchase of property on behalf of 2
[waqf].—Notwithstanding anything
contained in a 2
[waqf] deed, no immovable property shall be purchased for or on behalf of any 2
[waqf]
from the funds of any 2
[waqf] except with prior sanction of the Board, and the Board shall not accord
such sanction unless it considers that the acquisition of such property is necessary or beneficial to the
2
[waqf] and that the price proposed to be paid therefor is adequate and reasonable:
Provided that before such sanction is accorded, the particulars relating to the proposed transaction
shall be published in the Official Gazette inviting objections and suggestions with respect thereto and, the
Board shall, after considering the objections and suggestions that may be received by it from mutawallis
or other persons interested in the 2
[waqf], make such orders as it may think fit.
1. Ins. by Act 27 of 2013, s. 31 (w.e.f. 1-11-2013).
2. Subs. by s. 4, ibid., for “wakf” (w.e.f. 1-11-2013).
29
54. Removal of encroachment from 1
[waqf] property.—(1) Whenever the Chief Executive Officer
considers whether on receiving any complaint or on his own motion that there has been an encroachment
on any land, building, space or other property which is 1
[waqf] property and, which has been registered as
such under this Act, he shall cause to be served upon the encroacher a notice specifying the particulars of
the encroachment and calling upon him to show cause before a date to be specified in such notice, as to
why an order requiring him to remove the encroachment before the date so specified should not be made
and shall also send a copy of such notice to the concerned mutawalli.
(2) The notice referred to in sub-section (1) shall be served in such manner as may be prescribed.
(3) If, after considering the objections, received during the period specified in the notice, and after
conducting an inquiry in such manner as may be prescribed, the Chief Executive Officer is satisfied that
the property in question is 1
[waqf] property and that there has been an encroachment on any such 1
[waqf]
property, 2
[he may, make an application to the Tribunal for grant of order of eviction for removing] such
encroachment and deliver possession of the land, building, space or other property encroached upon to the
mutawalli of the 1
[waqf].
3
[(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.]
55. Enforcement of orders made under section 54.—Where the person, ordered under
4
[sub-section (4)] of section 54 to remove any encroachment, omits or fails to remove such encroachment,
within the time specified in the order or, as the case may be, fails to vacate the land, building, space or
other property to which the order relates, within the time aforesaid, the Chief Executive Officer may
5
[refer the order of the Tribunal to the Executive Magistrate] within the local limits of whose jurisdiction
the land, building, space or other property, is situate for evicting the encroacher, and, thereupon, such
Magistrate shall make an order directing the encroacher to remove the encroachment, or, as the case may
be, vacate the land, building, space or other property and to deliver possession thereof to the concerned
mutawalli and in default of compliance with the order, remove the encroachment or, as the case may be,
evict the encroacher from the land, building, space or other property and may, for this purpose, take such
police assistance as may be necessary.
6
[55A. Disposal of property left on waqf property by unauthorised 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
1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013).
2. Subs. by s. 32, ibid., for “he may, by an order, require the encroacher to remove” (w.e.f. 1-11-2013).
3. Subs. by s. 32, ibid., for sub-section (4) (w.e.f. 1-11-2013).
4. Subs. by s. 33, ibid., for “sub-section (3)” (w.e.f. 1-11-2013).
5. Subs. by s. 33, ibid., for “apply to the Sub-Divisional Magistrate” (w.e.f. 1-11-2013).
6. Ins. by s. 34, ibid. (w.e.f. 1-11-2013).
30
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.]
56. Restriction on power to grant lease of 1
[waqf] property.—(1) 2
[A lease for any period
exceeding thirty years] of any immovable property which is 1
[waqf] property, shall,
notwithstanding anything contained in the deed or instrument of 1
[waqf] or in any other law for the time
being in force, be void and of no effect:
3
[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:
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.]
(2) 4
[A lease for a period of one year but not exceeding thirty years] of immovable property which is
1
[waqf] property shall, notwithstanding anything contained in the deed or instrument of 1
[waqf] or in any
other law for the time being in force, be void and of no effect unless it is made with the previous
sanction of the Board.
(3) The Board shall, in granting sanction for lease 5
*** or renewal thereof under this section review
the terms and conditions on which the lease 5
*** is proposed to be granted or renewed and make its
approval subject to the revision of such terms and conditions in such manner as it may direct:
3
[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.]
3
[(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.]
57. Mutawalli entitled to pay certain costs from income of 1
[waqf] property.—Notwithstanding
anything contained in the 1
[waqf] deed, every mutawalli may pay from the income of the 1
[waqf] property
any expenses properly incurred by him for the purpose of enabling him to furnish any particulars,
documents or copies under section 36 or any accounts under section 46 or any information or documents
required by the Board or for the purpose of enabling him to carry out the directions of the Board.
58. Power of Board to pay dues in case of default by mutawalli.—(1) Where a mutawalli refuses
to pay or fails to pay any revenue, cess, rates or taxes due to the Government or any local authority, the
Board may discharge dues from the 1
[Waqf] Fund and may recover the amount so paid from the 1
[waqf]
property and may also recover damages not exceeding twelve and a half per cent. of the amount so paid.
1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013).
2. Subs. by, s. 35, ibid., for “A lease or sub-lease for any period exceeding three years” (w.e.f. 1-11-2013).
3. Ins. by s. 35, ibid. (w.e.f. 1-11-2013).
4. Subs. by s. 35, ibid., for “A lease or sub-lease for any period exceeding one year and not exceeding three years”
(w.e.f. 1-11-2013).
5. The words “or sub-lease” omitted by s. 35, ibid. (w.e.f. 1-11-2013).
31
(2) Any sum of money due under sub-section (1) may, on a certificate issued by the Board after
giving the mutawalli concerned an opportunity of being heard, be recovered in the same manner as an
arrear of land revenue.
59. Creation of reserve fund.—For the purpose of making provisions for the payment of rent and of
revenue, cess, rates and taxes due to the Government or any local authority, for the discharge of the
expenses of the repair of the 1
[waqf] property and for the preservation of the 1
[waqf] property, the Board
may direct the creation and maintenance, in such manner as it may think fit, of a reserve fund from the
income of a 1
[waqf].
60. Extension of time.—The Board may, if its is satisfied that it is necessary so to do, extend the
time within which any act is required to be done by the mutawalli under this Act.
61. Penalties.—(1) If a mutawalli fails to—
(a) apply for the registration of a 2
[auqaf];
(b) furnish statements of particulars or accounts or returns as required under this Act;
(c) supply information or particulars as required by the Board;
(d) allow inspection of 1
[waqf] properties, accounts, records or deeds and documents relating
thereto;
(e) deliver possession of any 1
[waqf] property, if ordered by the Board or Tribunal;
(f) carry out the directions of the Board;
(g) discharge any public dues; or
(h) do any other act which he is lawfully required to do by or under this Act;
he shall, unless he satisfies the court or the Tribunal that there was reasonable cause for his failure, be
punishable with fine which may extend to 3
[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].
(2) Notwithstanding anything contained in sub-section (1), if—
(a) a mutawalli omits or fails, with a view to concealing the existing of a 1
[waqf], to apply for its
registration under this Act,—
(i) in the case of a 1
[waqf] created before the commencement of this Act, within the period
specified therefor in sub-section (8) of section 36;
(ii) in the case of any 1
[waqf] created after such commencement, within three months from
the date of the creation of the 1
[waqf]; or
(b) a mutawalli furnishes any statement, return, or information to the Board, which he knows or
has reason to believe to be false, misleading, untrue or incorrect in any material particular,
he shall be punishable with imprisonment for a term which may extend to six months and also with fine
which may extend to fifteen thousand rupees.
(3) No court, shall take cognizance of an offence punishable under this Act save upon complaint
made by the Board or an officer duly authorised by the board 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 Act.
(5) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the fine
imposed under sub-section (1), when realised, shall be credited to the 1
[Waqf] Fund.
(6) In every case where offender is convicted after the commencement of this Act, of an offence
punishable under sub-section (1) and sentenced to a fine, the court shall also impose such term of
imprisonment in default of payment of fine as is authorised by law for such default.
1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013).
2. Subs. by s. 4, ibid., for “wakfs” (w.e.f. 1-11-2013).
3. Subs. by s. 36, ibid., for “eight thousand rupees” (w.e.f. 1-11-2013).
32
62. Mutawalli not to spend any money belonging to 1
[waqf] for self defence.—No mutawalli shall
spend any money out of the funds of the 1
[waqf], of which he is the mutawalli, for meeting any costs,
charges, or expenses which are or may be, incurred by him, in relation to any suit, appeal or any other
proceeding for, or incidental to, his removal from office or for taking any disciplinary action against
himself.
63. Power to appoint mutawallis in certain cases.—When there is a vacancy in the office of the
mutawalli of a 1
[waqf] and there is no one to be appointed under the terms of the deed of the 1
[waqf], or
where the right of any person to act as mutawalli is disputed, the board may appoint any person to act as
mutawalli for such period and on such conditions as it may think fit.
64. Removal of mutawalli.—(1) Notwithstanding anything contained in any other law or the deed of
1
[waqf], the Board may remove a mutawalli from his office if such mutawalli—
(a) has been convicted more than once of an offence punishable under section 61; or
(b) has been convicted of any offence of criminal breach of trust or any other offence involving
moral turpitude, and such conviction has not been reversed and he has not been granted full pardon
with respect to such offence; or
(c) is of unsound mind or is suffering from other mental or physical defect or infirmity which
would render him unfit to perform the functions and discharge the duties of a mutawalli; or
(d) is an undischarged insolvent; or
(e) is proved to be addicted to drinking liquor or other spirituous preparations, or is addicted to
the taking of any narcotic drugs; or
(f) is employed as paid legal practitioner on behalf of, or against, the 1
[waqf]; or
(g) has failed, without reasonable excuse, to maintain regular accounts for two consecutive years
or has failed to submit, in two consecutive years, the yearly statement of accounts, as required by
sub-section (2) of section 46; or
(h) is interested, directly or indirectly, in a subsisting lease in respect of any 1
[waqf] property, or
in any contract made with, or any work being done for, the 1
[waqf] or is in arrears in respect of any
sum due by him to such 1
[waqf]; or
(i) continuously neglects his duties or commits any misfeasance , malfeasance, misapplication of
funds or breach of trust in relation to the 1
[waqf] or in respect of any money or other 1
[waqf] property;
or
(j) wilfully and persistently disobeys the lawful orders made by the Central Government, State
Government, Board under any provision of this Act or rule or order made thereunder;
(k) misappropriates or fraudulently deals with the property of the 1
[waqf].
(2) The removal of a person from the office of the mutawalli shall not affect his personal rights, if
any, in respect of the 1
[waqf] property either as a beneficiary or in any other capacity or his right, if any,
as a sajjadanashin.
(3) No action shall be taken by the Board under sub-section (1), unless it has held an inquiry into the
matter in a prescribed manner and the decision has been taken by a majority of not less than two-thirds of
the members of the Board.
(4) A mutawalli who is aggrieved by an order passed under any of the clauses (c) to (i) of
sub-section (1), may, within one month from the date of the receipt by him of the order, appeal against the
order to the Tribunal and the decision of the Tribunal on such appeal shall be final.
(5) Where any inquiry under sub-section (3) is proposed, or commenced, against any mutawalli, the
Board may, if it is of opinion that it is necessary so to do in the interest of the 1
[waqf], by an order
suspend such mutawalli until the conclusion of the inquiry:
Provided that no suspension for a period exceeding ten days shall be made except after giving the
mutawalli a reasonable opportunity of being heard against the proposed action.
1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013).
33
(6) Where any appeal is filed by the mutawalli to the Tribunal under sub-section (4), the Board may
make an application to the Tribunal for the appointment of a receiver to manage the 1
[waqf] pending the
decision of the appeal, and where such an application is made, the Tribunal shall, notwithstanding
anything contained in the Code of Civil Procedure, 1908 (5 of 1908), appoint a suitable person as
receiver to manage the 1
[waqf] and direct the receiver so appointed to ensure that the customary or
religious rights of the mutawalli and of the 1
[waqf] are safeguarded.
(7) Where a mutawalli has been removed from his office under sub-section (1), the Board may, by
order, direct the mutawalli to deliver possession of the 1
[waqf] property to the Board or any officer duly
authorised in this behalf or to any person or committee appointed to act as the mutawalli of the 1
[waqf]
property.
(8) A mutawalli of a 1
[waqf] removed from his office under this section shall not be eligible for
re-appointment as a mutawalli of that 1
[waqf] for a period of five years from the date of such removal.
65. Assumption of direct management of certain 2
[auqaf] by the Board.—(1) Where no suitable
person is available for appointment as a mutawalli of a 1
[waqf], or where the Board is satisfied, for
reasons to be recorded by it in writing, that the filling up of the vacancy in the office of a mutawalli is
prejudicial to the interests of the 1
[waqf], the Board may, by notification in the Official Gazette, assume
direct management of the 1
[waqf] for such period or periods, not exceeding five years in the aggregate, as
may be specified in the notification.
(2) The State Government may, on its own motion or on the application of any person interested in
the 1
[waqf], call for the records of any case for the purpose of satisfying itself as to the correctness,
legality or propriety of the notification issued by the Board under sub-section (1) and pass such orders as
it may think fit and the orders so made by the State Government shall be final and shall be published in
the manner specified in sub-section (1).
(3) As soon as possible after the close of every financial year, the Board shall send to the State
Government a detailed report in regard to every 1
[waqf] under its direct management, giving therein—
(a) the details of the income of the 1
[waqf] for the year immediately preceding the year under
report;
(b) the steps taken to improve the management and income of the 1
[waqf];
(c) the period during which the 1
[waqf] has been under the direct management of the Board and
explaining the reasons as to why it has not been possible to entrust the management of the 1
[waqf] to
the mutawalli or any committee of management during the year; and
(d) such other matters as may be prescribed.
(4) The State Government shall examine the report submitted to it under sub-section (3), and after
such examination, issue such directions or instructions to the Board as it may think fit and the Board shall
comply with such directions or instructions on receipt thereof.
3
[(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.]
66. Powers of appointment and removal of mutawalli when to be exercised by the State
Government.—Whenever a deed of 1
[waqf] or any decree or order of a court of any scheme of
management of any 1
[waqf] provides that a court or any authority other than a Board may appoint or
remove a mutawalli or settle or modify such scheme of management or otherwise exercise
superintendence over the 1
[waqf], then, notwithstanding anything contained in such deed of 1
[waqf],
decree, order or scheme, such powers aforesaid shall be exercisable by the State Government:
Provided that where a Board has been established, the State Government shall consult the Board
before exercising such powers.
1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013).
2. Subs. by s. 4, ibid., for “wakfs” (w.e.f. 1-11-2013).
3. Ins. by s. 37, ibid. (w.e.f. 1-11-2013).
34
67. Supervision and supersession of committee of Management.—(1) Whenever the supervision
or management of a 1
[waqf] is vested in any committee appointed by the 1
[waqf], then, notwithstanding
anything contained in this Act, such committee shall continue to function until it is superseded by the
Board or until the expiry of its term as may be specified by the 1
[waqf], whichever is earlier:
Provided that such committee shall function under the direction, control and supervision of the Board
and abide by such directions as the Board may issue from time to time:
Provided further that if the Board is satisfied that any scheme for the management of a 1
[waqf] by a
committee is inconsistent with any provision of this Act or of any rule made thereunder or with the
directions of the 1
[waqf], it may, at any time, modify the scheme in such manner as may be necessary to
bring it in conformity with the directions of the 1
[waqf] or of the provisions of this Act and the rules made
thereunder.
(2) Notwithstanding anything contained in this Act, and in the deed of the 1
[waqf], the Board may, if
it is satisfied, for reasons to be recorded in writing, that a committee, referred to in sub-section (1) is not
functioning properly and satisfactorily, or that the 1
[waqf] is being mismanaged and that in the interest of
its proper management, it is necessary so to do, by an order, supersede such committee, and, on such
supersession, any direction of the 1
[waqf], in so far as it relates to the constitution of the committee, shall
cease to have any force:
Provided that the Board shall, before making any order superseding any committee, issue a notice
setting forth therein the reasons for the proposed action and calling upon the Committee to show cause
within such time, not being less than one month, as may be specified in the notice, as to why such action
shall not be taken.
(3) Every order made by the Board under sub-section (2) shall be published in the prescribed manner
and on such publication shall be binding on the mutawalli and all persons having any interest in the
1
[waqf].
(4) Any order made by the Board under sub-section (2) shall be final:
Provided that any person aggrieved by the order made under sub-section (2) may, within sixty days
from the date of the order, appeal to the Tribunal:
Provided further that the Tribunal shall have no power to suspend the operation of the order made by
the Board pending such appeal.
(5) The Board shall, whenever it supersedes any committee under sub-section (2), constitute a new
committee of management simultaneously with the order made by it under sub-section (2).
(6) Notwithstanding anything contained in the foregoing sub-sections, the Board may, instead of
superseding any committee under sub-section (2), remove any member thereof if it is satisfied that such
member has abused his position as such member or had knowingly acted in a manner prejudicial to the
interests of the 1
[waqf], and every such order for the removal of any member shall be served upon him by
registered post:
Provided that no order for the removal of the member shall be made unless he has been given a
reasonable opportunity of showing cause against the proposed action:
Provided further that any member aggrieved by any order for his removal from the membership of the
committee may, within a period of thirty days from the date of service of the order on him, prefer an
appeal against such order to the Tribunal and Tribunal may, after giving a reasonable opportunity to the
appellant and the Board of being heard, confirm, modify or reverse the order made by the Board and the
order made by the Tribunal in such appeal shall be final.
68. Duty of mutawalli or committee to deliver possession of records, etc.—(1) Where any
mutawalli or committee of management has been removed by the Board in accordance with provisions of
this Act, or of any scheme made by the Board, the mutawalli or the committee so removed from the office
(hereinafter in this section referred to as the removed mutawalli or committee) shall hand over charge and
deliver possession of the records, accounts and all properties of the 1
[waqf] (including cash) to the
successor mutawalli or the successor committee, within one month from the date specified in the order.
1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013).
35
(2) Where any removed mutawalli or committee fails to deliver charge or deliver possession of the
records, accounts and properties (including cash) to the successor mutawalli or committee within the time
specified in sub-section (1), or prevents or obstructs such mutawalli or committee, from obtaining
possession thereof after expiry of the period aforesaid, the successor mutawalli or any member of the
successor committee may make an application, accompanied by a certified copy of the order appointing
such successor mutawalli or committee, to any 1
[District Magistrate, Additional District Magistrate,
Sub-Divisional Magistrate or their equivalent] within the local limits of whose jurisdiction any part of the
2
[waqf] property is situated and, thereupon such 1
[District Magistrate, Additional District Magistrate,
Sub-Divisional Magistrate or their equivalent] may, after giving notice to the removed mutawalli or
members of the removed committee, make an order directing the delivery of charge and possession of
such records, accounts and properties (including cash ) of the 2
[waqf] to the successor mutawalli or the
committee, as the case may be, within such time as may be specified in the order.
(3) Where the removed mutawalli or any member of the removed committee, omits or fails to deliver
charge and possession of the records, accounts and properties (including cash) within the time specified
by 3
[any Magistrate] under sub-section (2) the removed mutawalli or every member of the removed
committee, as the case may be, shall be punishable with imprisonment for a term which may extend to six
months or with fine which may extend to eight thousand rupees, or with both.
(4) Whenever any removed mutawalli or any member of the removed committee omits or fails to
comply with the orders made by 3
[any Magistrate] under sub-section (2), 3
[any Magistrate] may authorise
the successor mutawalli or committee to take charge and possession of such records, accounts, properties
(including cash) and may authorise such person to take such police assistance as may be necessary for the
purpose.
(5) No order of the appointment of the successor mutawalli or committee, shall be called in question
in the proceedings before 3
[any Magistrate] under this section.
(6) Nothing contained in this section shall bar the institution of any suit in a competent civil court by
any person aggrieved by any order made under this section, to establish that he has right, title and interest
in the properties specified in the order made by 3
[any Magistrate] under sub-section (2).
69. Power of Board to frame scheme for administration of 2
[waqf].—4
[(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.]
(2) A scheme framed under sub-section (1) may provide for the removal of the mutawalli of the
2
[waqf] holding office as such immediately before the date on which the scheme comes into force:
Provided that where any such scheme provides for the removal of any hereditary mutawalli, the
scheme shall also provide for the appointment of the person next in hereditary succession to the mutawalli
so removed, as one of the members of the committee appointed for the proper administration of the
2
[waqf].
(3) Every order made under sub-section (2) shall be published in the prescribed manner, and, on such
publication shall be final and binding on the mutawalli, and all persons interested in the 2
[waqf]:
Provided that any person aggrieved by an order made under this section may, within sixty days from
the date of the order, prefer an appeal to the Tribunal and after hearing such appeal, the Tribunal may
confirm, reverse or modify the order:
Provided further that the Tribunal shall have no power to stay the operation of the order made under
this section.
1. Subs. by Act 27 of 2013, s. 38, for “Magistrate of the first class” and “Magistrate” (w.e.f. 1-11-2013).
2. Subs. by s. 4, ibid., for “wakf” (w.e.f. 1-11-2013).
3. Subs. by s. 38, ibid., for “the Magistrate” (w.e.f. 1-11-2013).
4. Subs. by s. 39, ibid., for sub-section (1) (w.e.f. 1-11-2013).
36
(4) The Board may, at any time by an order, whether made before or after the scheme has come into
force, cancel or modify the scheme.
(5) Pending the framing of the scheme for the proper administration of the 1
[waqf], the Board may
appoint a suitable person to perform all or any of the functions of the mutawalli thereof and to exercise
the powers, and perform the duties, of such mutawalli.
70. Inquiry relating to administration of 1
[waqf].—Any person interested in a 1
[waqf] may make
an application to the Board supported by an affidavit to institute an inquiry relating to the administration
of the 1
[waqf] and if the Board is satisfied that there are reasonable grounds for believing that the affairs
of the 1
[waqf] are being mismanaged, it shall take such action thereon as it thinks fit.
71. Manner of holding inquiry.—(1) The Board may, either on an application received
under section 2
[70] or on its own motion,—
(a) hold an inquiry in such manner as may be prescribed; or
(b) authorise any person in this behalf to hold an inquiry into any matter relating to a 1
[waqf] and
take such action as it thinks fit.
(2) For the purposes of an inquiry under this section, the Board or any person authorised by it in this
behalf, shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908
(5 of 1908) for enforcing the attendance of witnesses and production of documents.