Waqf bill information, here, we have translated the Waqf bill in simple language for better understanding. You can check the details of the Waqf bill, and also the reasons for the chaos in the country, shared below regarding the Waqf bill.
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Ministry Of Affairs- https://www.minorityaffairs.gov.in/show_content.php?lang=1&level=2&ls_id=936&lid=1163
Number of votes by the people of lower house of the Parliament or Lok Sabha for Waqf bill.
Total 288 people voted in support of the Waqf bill, whereas 232 people votes against it.
Why many people are opposing the new waqf bill?
The Waqf (Amendment) Bill, 2025
A Bill to further amend the Waqf bill act, 1995.
Be it enacted by Parliament in the Seventy-sixth Year of the Republic of India as follows:—
(1) This Act may be called the Waqf (Amendment) bill Act, 2025. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
- 1 In section 1 of the Waqf Act, 1995 (hereinafter referred to as the principal Act), in sub-section (1), for the word “Waqf”, the words “Integrated Waqf Management, Empowerment, Efficiency and Development” shall be substituted.
- In section 2 of the principal Act, after the proviso, the following proviso shall be added, namely:—
“Provided further that nothing contained in this Act shall, notwithstanding any judgment, decree or order of any court, apply to any trust (by whatever name called) created by a Muslim whether before or after the commencement of this Act pertaining to public charity and being regulated statutorily by any enactment for the time being in force, which is created for the same purposes as a Waqf under any law.”.
The significance of the Waqf bill lies in its potential to reshape the management and utilization of Waqf properties, ensuring they serve the community effectively.
In section 3 of the principal Act,—
(i) after clause (a), the following clause shall be inserted, namely:—
In recent discussions, the Waqf bill has become a focal point of debate among various stakeholders, highlighting its implications for the community.
‘(aa) “Aga Khani Waqf” means a Waqf dedicated by an Aga Khani Waqif;’;
(ii) after clause (c), the following clause shall be inserted, namely:—
‘(ca) “Bohra Waqf” means a Waqf dedicated by a Bohra Waqif;’;
(iii) after clause (d), the following clause shall be inserted, namely:—
‘(da) “Collector” includes the chief officer in charge of the revenue administration of a district, or a Deputy Commissioner, or any officer below the rank of Deputy Collector authorized in writing by the Collector;’;
(iv) after clause (f), the following clauses shall be inserted, namely:—
‘(fa) “Government organization” includes the Central Government, State Governments, Municipalities, Panchayats, attached and subordinate offices and autonomous bodies of the Central Government or State Governments, or any organization or institution owned and controlled by the Central Government or any State Government;
(fb) “Government property” means movable or immovable property or any part thereof belonging to any Government organization;’.
(v) in clause (i), the words “orally or” shall be omitted;
Community engagement is essential in the discussions surrounding the Waqf bill, as it affects multiple stakeholders in the Muslim community.
(vi) after clause (k), the following clause shall be inserted, namely:—
The implications of the Waqf bill extend beyond legal frameworks; they touch on the social and economic aspects of community life.
As we analyze the Waqf bill, it is important to consider the perspectives of various community leaders and their insights on this legislation.
‘(ka) “Portal and database” means the Waqf Asset Management System or any other system established by the Central Government for the registration, accounts, audit and any other details of Waqfs and the Board, as may be specified by the Central Government;’;
(vii) for clause (l), the following clause shall be substituted, namely:—
‘(l) “prescribed” means prescribed by rules made under this Act;’;
(viii) clause (p) shall be omitted;
(ix) in clause (r),—
(A) in the opening portion, for the words “any movable or immovable property by any person”, the words “any person who professes or practices Islam and has been so professing or practicing for at least five years, owns any movable or immovable property and there is no device involved in the dedication of such property,” shall be substituted;
(B) sub-clause (i) shall be omitted;
(C) in sub-clause (iv), after the word “welfare”, the words “maintenance of widow, divorcee and orphan, if the Waqf so desires, in such manner as may be specified by the Central Government,” shall be inserted;
(D) in the long line, for the words “any person”, the words “any such person” shall be substituted;
(E) at the end, the following proviso shall be inserted, namely:—
“Provided that the existing Waqf properties registered as Waqf by the user at or before the commencement of the Waqf (Amendment) Act, 2025 shall continue to be Waqf properties, except where the property, wholly or partially, is either under dispute or is a Government property;”.
After section 3 of the principal Act, the following sections shall be inserted, namely:—
“3A. (1) No person shall create a Waqf unless he is the lawful owner of the property and is capable of transferring or dedicating such property.
(2) The creation of Waqf-alal-aulad shall not prejudice the rights of succession of the successors of the Waqif, including female successors, or any other rights of persons having lawful claims.
3B. (1) Every Waqf registered under this Act before the commencement of the Waqf (Amendment) Act, 2025 shall, within a period of six months from such commencement, file the details of the Waqf and the property dedicated to the Waqf on the portal and database:
Provided that the Tribunal may, on an application made to it in this behalf by the Mutawalli, extend such period of six months for a further period not exceeding six months, if it is satisfied that the Mutawalli had sufficient cause for not filing the details of the Waqf on the portal within the said period, and intimate the same to the Tribunal.
(2) The details of the Waqf under sub-section (1) shall, inter alia, include the following, namely:—
(a) the identification and boundaries of the Waqf property;
(b) the status, usage and occupants of the Waqf properties;
(c) the name and address of the founder of the Waqf, the mode and date of such creation;
(d) the Waqf deed, if available;
In conclusion, the Waqf bill represents not just a legal document but a significant step towards empowering the community through better management of Waqf properties.
(e) the present Mutawalli and its management;
(f) the gross annual income from such Waqf properties;
(g) the amount of land revenue, cesses, rates and taxes annually payable in respect of the Waqf properties;
(h) the estimated annual expenditure in the recovery of the income of the Waqf properties;
(i) the amount set apart annually under the Waqf for—
(i) the salary of the Mutawalli and allowances to individuals;
(ii) purely religious purposes;
(iii) charitable purposes; and
(iv) any other purpose;(j) the details of court cases, if any, pertaining to such Waqf property;
(k) any other details as may be specified by the Central Government.
3C. (1) Any government property that has been identified or declared as Waqf property, whether before or after this Act comes into force, will not be considered Waqf property.
(2) If there’s any question about whether a certain property is government property, the State Government can, through a notification, appoint an officer above the rank of Collector (who will be called the designated officer). This officer will investigate according to the law and determine if the property is indeed government property, and then submit their report to the State Government.
Provided that such property shall not be deemed to be Waqf property until the designated officer submits their report.
(3) If the designated officer considers the property to be government property, they will make the necessary corrections in the revenue records and submit a report about this to the State Government.
(4) Once the State Government receives the designated officer’s report, it will direct the Board to make the appropriate changes in the records.
3D. Any declaration or notification issued regarding Waqf properties under this Act or any previous Act will be void if, at the time of such declaration or notification, the property was a protected monument or a protected area under the Ancient Monuments Preservation Act, 1904, or the Ancient Monuments and Archaeological Sites and Remains Act, 1958.
3E. Despite anything mentioned in this Act or any other law, any land belonging to members of Scheduled Tribes under the provisions of the Fifth Schedule or the Sixth Schedule of the Constitution will not be declared or considered Waqf property.
In section 4 of the principal Act,—
(a) for the marginal heading, the marginal heading “Survey of Auqaf” shall be substituted;
“(1) Any survey of Auqaf pending before the Survey Commissioner on the commencement of the Waqf (Amendment) Act, 2025 shall be transferred to the Collector having jurisdiction, and the Collector shall conduct the survey in accordance with the procedure laid down in the revenue laws of the State, from the stage at which such survey is transferred to the Collector, and submit his report to the State Government.”;
(c) sub-sections (1A), (2) and (3) shall be omitted;
The Waqf bill is expected to streamline processes and enhance transparency in the management of Waqf assets, which are crucial for community welfare.
(d) in the opening portion of sub-section (4), for the words “the Survey Commissioner”, the word “the Collector” shall be substituted;
(e) in sub-section (5), after the words “Sunni Waqf”, the words “or Aga Khani Waqf or Bohra Waqf” shall be inserted;
(f) sub-section (6) shall be omitted.
In section 5 of the principal Act,—
(a) in sub-section (1), for the words, brackets and figure “sub-section (3)”, the words, brackets and figure “sub-section (1)” shall be substituted;
(b) in sub-section (2), after the words “Shia Auqaf”, the words “or Aga Khani Auqaf or Bohra Auqaf” shall be inserted;
(c) after sub-section (2), the following sub-sections shall be added, namely:—
“(2A) The State Government will upload the notified list of Auqaf onto the portal and database within ninety days from the date it’s published in the official gazette, as per sub-section (2).
(2B) The details of each Waqf, including the identification and boundaries of the Waqf properties, how they’re used and who’s occupying them, the details of the person who created the Waqf, how and when it was created, the purpose of the Waqf, and the details of the current manager (Mutawalli) and its management, will be in a way that the Central Government decides.”;
(d) for sub-section (3), the following sub-section shall be substituted, namely:—
“(3) Before deciding on the mutation in the land records, the revenue authority will give a public notice of ninety days in two daily newspapers circulated in the locality of the area, one of which shall be in the regional language, as per the applicable revenue laws, and will give an opportunity of being heard to the persons affected.”;(e) in sub-section (4), after the words “from time to time”, the words “on the portal and database” shall be inserted.
In section 6 of the principal Act,—
(a) in sub-section (1),—
(i) after the words “Sunni Waqf”, the words “or Aghakhani Waqf or Bohra Waqf” shall be inserted;
(ii) the words “and the decision of the Tribunal in respect of such matter shall be final” shall be omitted;
(iii) in the first proviso, for the words “one year”, the words “two years” shall be substituted;
(iv) for the second proviso, the following proviso shall be substituted, namely:—
“Provided further that the application may be entertained by the Tribunal even after the expiry of the period of two years specified in the first proviso, if the applicant satisfies the Tribunal that he had sufficient cause for not making the application within such period;”;(b) in sub-section (3), for the words “the Survey Commissioner”, the word “the Collector” shall be substituted.
In sub-section (1) of section 7 of the principal Act,—
(i) after the words “Sunni Waqf”, the words “or Aghakhani Waqf or Bohra Waqf” shall be inserted;
(ii) the words “and the decision of the Tribunal thereon shall be final” shall be omitted;
(iii) in the first proviso, for the words “one year”, wherever they occur, the words “two years” shall be substituted;
(iv) in the second provison for the words “Provided further”, the following shall be substituted, namely:—
“Provided further that the application may be entertained by the Tribunal even after the expiry of the period of two years specified in the first proviso, if the applicant satisfies the Tribunal that he had sufficient cause for not making the application within such period:
Provided 1 further”
- In section 9 of the principal Act, for sub-section (2), the following sub-section shall be substituted, namely:—
“(2) The Council shall consist of the following members, namely:—
(a) the Central Minister in charge of Waqfs—
ex-officio Chairperson;(b) three members of Parliament, out of whom two shall be from the House of the People and one from the Council of States; Here’s the English translation of the final part of the Hindi text, maintaining that friendly, human-like tone:
(c) the following members to be appointed by the Central Government from amongst Muslims, namely:—
(i) three persons representing Muslim organizations of all-India character and national importance;
(ii) Presidents of three Boards by rotation;
(iii) one person representing Mutawallis of the Waqfs having gross annual income of five lakh rupees and above;
(iv) three persons who are eminent scholars in Muslim law;
(d) two persons who have been Judges of the Supreme Court or a High Court;
(e) one advocate of national standing;
(f) four persons of national standing, one each from the fields of administration or management, financial management, engineering or architecture and medicine;
(g) an Additional Secretary or Joint Secretary to the Government of India looking after Waqf matters in the Central Ministry or Department—member, ex-officio:
Provided that out of the members appointed under clause (c), there shall be two women:
Provided further that out of the two members appointed under this sub-section, excluding the ex-officio members, shall be non-Muslims.”.
For sub-section (2A) of section 13 of the principal Act, the following sub-section shall be substituted, namely:—
“(2A) The State Government may, if it considers necessary, by notification in the Official Gazette, establish separate Auqaf Boards for Bohras and Aga Khanis.”.
In section 14 of the principal Act,—
(a) for sub-sections (1), (1A), (2), (3) and (4), the following sub-section shall be substituted, namely:—
“(1) For the State and the National Capital Territory of Delhi, the Board shall consist of not more than eleven members to be nominated by the State Government in the Legislative Assembly of Delhi, as the case may be, namely:—
(a) a Chairperson;
(b) (i) one member of Parliament from the State or, as the case may be, the National Capital Territory of Delhi;
(ii) one member of the State Legislature;(c) the following members from amongst the Muslim community, namely:—
(i) one Mutawalli of a Waqf having an annual income of one lakh rupees or more;
(ii) one eminent scholar in Islamic theology;
(iii) two or more elected members from Municipalities or Panchayats:
Provided that if no Muslim member is available from any of the categories in sub-clauses (i) to (iii), additional members may be nominated from the category in sub-clause (iii);(d) two persons who have professional experience in business management, social work, finance or revenue, agriculture and development activities;
(e) the Joint Secretary to the State Government dealing with Waqf matters, ex-officio;
(f) one member of the Bar Council of the concerned State or Union territory:
Provided that out of the members of the Board appointed under clause (c), there shall be two women:
Provided further that out of the total members of the Board appointed under this sub-section, excluding the ex-officio members, two shall be non-Muslims:
Provided further that the Board shall have at least one member each from the Shia, Sunni and other backward classes amongst the Muslim communities:
Provided further that one member each from the Bohra and Aga Khani communities shall be nominated to the Board, if they have functional Auqaf in the State or Union territory:
Provided further that the elected members of the Board holding office at the commencement of the Waqf (Amendment) Act, 2025 shall continue to hold office until the expiry of that term.
(2) No Minister in the Central Government or, as the case may be, the State Government shall be nominated as a member of the Board.
(3) In the case of a Union territory, the Board shall consist of not less than five and not more than seven members to be nominated by the Central Government under sub-section (1).”;
(b) for sub-section (6), the following sub-section shall be substituted, namely:—
“(6) In determining the number of members from Shia, Sunni, Bohra, Aga Khani or other backward classes amongst the Muslim communities, the State Government or, as the case may be, the Central Government in the case of a Union territory shall have regard to the number and value of Shia, Sunni, Bohra, Aga Khani and other backward classes of Muslim Auqaf under the management of the Board and the appointment of the members shall be made, as far as practicable, in accordance with such determination.”;
(c) sub-section (8) shall be omitted.
In section 16 of the principal Act,—
(i) for clause (a), the following clauses shall be substituted, namely:—
“(a) he has not completed the age of twenty-one years;
(aa) in the case of a member under clause (c) of sub-section (1) of section 14, he is not a Muslim;”;
(ii) for clause (d), the following clause shall be substituted, namely:— Here’s the English translation of the very last part of the Hindi text, aiming for that friendly and clear tone:
“(d) he has been convicted of any offence and sentenced to imprisonment for a term of not less than two years;”.
In sub-section (1) of section 17 of the principal Act, after the word “meet”, the words “at least once in every month” shall be inserted.
Section 20A of the principal Act shall be omitted.
For sub-section (1) of section 23 of the principal Act, the following sub-section shall be substituted, namely:—
“(1) There shall be a full-time Chief Executive Officer of the Board, who shall be appointed by the State Government and who shall not be below the rank of Joint Secretary to the State Government.”.
In section 28 of the principal Act, for the words “shall be responsible for the implementation of the decisions of the Board as may be”, the words “shall implement the decision of the Board within forty-five days from the date of its enforcement” shall be substituted.
In sub-section (2) of section 30 of the principal Act, for the words and figures “section 76 of the Indian Evidence Act, 1872”, the words and figures “section 75 of the Bharatiya Sakshya Adhiniyam, 2023” shall be substituted.
In section 32 of the principal Act,—
(a) in sub-section (2), in clause (e), the Explanation and the proviso shall be omitted;
(b) in sub-section (3), the words “and the decision of the Tribunal thereon shall be final” shall be omitted.
In section 33 of the principal Act,—
(a) in the proviso to sub-section (4), the words, brackets and figure “and the Tribunal shall have no power to make any order staying the operation of the order made by the Chief Executive Officer under sub-section (3), pending the disposal of the appeal” shall be omitted;
(b) sub-section (6) shall be omitted.
In section 36 of the principal Act,—
(a) after sub-section (1), the following sub-section shall be inserted, namely:—
“(1A) From the commencement of the Waqf (Amendment) Act, 2025, no Waqf shall be created without the execution of a Waqf deed.”;
(b) in sub-section (3),—
(i) in the opening portion, for the words "in such form and manner and at such place as may be provided by regulations by the Board", the words "to the Board through the portal and database" shall be substituted;
(ii) for clause (f), the following clause shall be substituted, namely:—
“(f) any other particulars as may be specified by the Central Government.”;(c) in sub-section (4), the words “or where no such deed has been executed or a copy thereof cannot be obtained, shall contain full particulars, as far as they are known to the applicant, of the origin, nature and objects of the Waqf” shall be omitted;
(d) for sub-sections (7), the following sub-sections shall be substituted, namely:—
“(7) On receipt of an application for registration, the Board shall forward the application to the Collector having jurisdiction to inquire into the genuineness and validity of the application and the correctness of any particulars contained therein and submit his report to the Board:
Provided that where the application is made by any person other than the person administering the Waqf, the Board shall, before registering the Waqf, give notice of the application to the person administering the Waqf and shall hear him if he desires to be heard.
(7A) Where the Collector in his report mentions that the property is either wholly or partially under dispute or is a Government property, the registration of the Waqf in respect of such part of the property shall not be made until the dispute is decided by a competent court.”;(e) the proviso to sub-section (8) shall be omitted;
(f) after sub-section (8), the following sub-sections shall be added, namely:—
“(9) On the registration of a Waqf, the Board shall issue to the Waqf a certificate of registration through the portal and database.
(10) No suit, appeal or other legal proceeding for the enforcement of any right on behalf of a Waqf which has not been registered in accordance with the provisions of this Act shall be instituted or commenced or heard, tried or decided by any court after the expiry of a period of six months from the commencement of the Waqf (Amendment) Act, 2025:
Provided that the court may entertain an application in respect of any such suit, appeal or other legal proceeding even after the expiry of the period of six months specified under this sub-section, if the applicant satisfies the court that he had sufficient cause for not making the application within such period.”.In section 37 of the principal Act,—
(a) in sub-section (1),—
(i) in the opening portion, after the word “particulars”, the words “in such manner as may be prescribed by the Central Government” shall be inserted;
(ii) in clause (f), for the words “provided by regulations”, the words “prescribed by the Central Government” shall be substituted;
(b) in sub-section (3), after the words “land 1 revenue office”, the words “shall, before deciding on the mutation in the land records, give a public notice of ninety days in two daily newspapers circulated in the locality of the area, one of which shall be in the regional language, as per the applicable revenue laws, and shall give an opportunity of being heard to the persons affected, and then” shall be substituted.
- Section 40 of the principal Act shall be omitted.
In sub-section (2) of section 46 of the principal Act,—
(a) for the word “July”, wherever it occurs, the word “October” shall be substituted;
(b) for the words “all sums received by the Board from any source whatsoever in such form and with such particulars as may be prescribed by regulations by the Board”, the words “all sums received by the Board from any source whatsoever in such form and manner and with such particulars as may be specified by the Central Government” shall be substituted.
In section 47 of the principal Act,—
(a) in sub-section (1),—
(i) in clause (a),—
(A) for the words "fifty thousand rupees", the words "one lakh rupees" shall be substituted;
(B) after the words "appointed by the Board", the following words shall be inserted, namely:—
“from a panel of auditors prepared by the State Government:
Provided that the State Government shall, while preparing such panel of auditors, specify the remuneration to be paid to such auditors;”;(ii) for clause (b), the following clause shall be substituted, namely:—
“(b) the accounts of a Waqf having a net annual income of more than one lakh rupees shall be audited annually by an auditor appointed by the Board from the panel of auditors specified in clause (a)”;(iii) in clause (c), the following proviso shall be inserted, namely:—
“Provided that the Central Government may, by order, at any time direct the audit of any Waqf by the Comptroller and Auditor-General of India or by any officer designated by the Central Government in this behalf.”;(b) after sub-section (2), the following sub-section shall be inserted, namely:—
“(2A) On the receipt of the report under sub-section (2), the Board shall publish the audit report in such manner as may be specified by the Central Government.”;
(c) in sub-section (3), both the provisos shall be omitted.
In section 48 of the principal Act,— Okay, here’s the English translation of that last bit:
(a) after sub-section (2), the following sub-section shall be inserted, namely:—
“(2A) The proceedings and orders of the Board under sub-section (1) shall be published in such manner as may be prescribed by the Central Government.”;
(b) in sub-section (3), the words, brackets and figure “and the Tribunal shall have no power to make any order staying the operation of the order made by the Board under sub-section (1)” shall be omitted;
(c) sub-section (4) shall be omitted.
After section 50 of the principal Act, the following section shall be added, namely:—
“50A. No person shall be eligible for being appointed or continuing as a Mutawalli if he—
(a) has not completed the age of twenty-one years;
(b) is found to be of unsound mind;
(c) is an undischarged insolvent;
(d) has been convicted of any offence and sentenced to imprisonment for a term of not less than two years;
(e) has been held guilty of encroachment on any Waqf property;
(f) has earlier—
(i) been removed from the office of Mutawalli;
(ii) been removed from any position of trust by an order of a competent court or Tribunal for mismanagement or corruption.”.In the second proviso to sub-section (1A) of section 51 of the principal Act, for the words and figures “the Land Acquisition Act, 1894”, the words and figures “the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013” shall be substituted.
In sub-section (4) of section 52 of the principal Act, the words “and the decision of the Tribunal on such appeal shall be final” shall be omitted.
In section 52A of the principal Act,—
(a) in sub-section (1),—
(i) for the words “the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013″… the word imprisonment shall be substituted for the words rigorous imprisonment;
(ii) in the proviso, for the words “vested in the Board”, the words “returned to the Waqf” shall be substituted;
(b) sub-section (2) shall be omitted;
(c) sub-section (4) shall be omitted.
In the proviso to sub-section (2) of section 55A of the principal Act, the words “and the decision of the Tribunal thereon shall be final” shall be omitted.
In section 61 of the principal Act,—
(a) in sub-section (1),—
(i) clauses (e) and (f) shall be omitted;
(ii) for the long line, the following shall be substituted, namely:—
“shall be punishable with fine which shall not be less than twenty thousand rupees but which may extend to fifty thousand rupees, unless he satisfies the court or the Tribunal that there was reasonable cause for his failure.”;(b) after sub-section (1), the following sub-section shall be inserted, namely:—
“(1A) If any Mutawalli—
(i) fails to deliver possession of any Waqf property when ordered by the Board or the Tribunal;
(ii) fails to comply with the directions of the Collector or the Board;
(iii) fails to do any other act which he is lawfully required to do by or under this Act;
(iv) fails to furnish the statement of accounts under section 46;
(v) fails to upload the details of the Waqf under section 3B,he shall be punishable with imprisonment for a term which may extend to six months and with fine which shall not be less than twenty thousand rupees but which may extend to one lakh rupees.”;
(c) in sub-section (5), for the words and figures “the Code of Criminal Procedure, 1973”, the words and figures “the Bharatiya Nagarik Suraksha Sanhita, 2023” shall be substituted.
In section 64 of the principal Act,—
(a) in sub-section (1),—
Amendment of section 51.
Here’s the English translation of the very, very last bit of the Hindi text! We’re almost there!
Amendment of section 52.
Amendment of section 52A.
Amendment of section 55A.
Amendment of section 61.
Amendment of section 64.
(i) for clause (f), the following clause shall be substituted, namely:—
“(f) has without any reasonable cause failed to maintain regular accounts for a period of one year or has failed to submit the annual statement of accounts within one year as required by section 46; or”;
(ii) after clause (h), the following clause shall be inserted, namely:—
“(i) is a member of any association which has been declared unlawful under the Unlawful Activities (Prevention) Act, 1967.”;
(b) in sub-section (4), the words “and the decision of the Tribunal on such appeal shall be final” shall be omitted.
In sub-section (3) of section 65 of the principal Act, for the words “as soon as may be”, the words “within a period of six months” shall be substituted.
In section 67 of the principal Act,—
(a) for sub-section (4), the following sub-section shall be substituted, namely:—
“(4) Any person aggrieved by an order made under sub-section (2) may, within ninety days from the date of the order, prefer an appeal to the Tribunal.”;
(b) in the second proviso to sub-section (6), the words “and the order made by the Tribunal on such appeal shall be final” shall be omitted.
In section 69 of the principal Act,—
(a) in sub-section (3), the second proviso shall be omitted;
(b) in sub-section (4), the following proviso shall be inserted, namely:—
“Provided that no such order shall be made under this sub-section unless a written notice has been given, in such manner as may be prescribed by the State Government, inviting objections from the person likely to be affected and the general public.”.
In section 72 of the principal Act,—
(a) in sub-section (1), for the words “seven per cent.”, the words “five per cent., subject to such maximum as may be prescribed by the Central Government” shall be substituted;
(b) in sub-section (7), the words “and the decision of the Board thereon shall be final” shall be omitted.
In sub-section (3) of section 73 of the principal Act, the words “and the decision of the Tribunal on such appeal shall be final” shall be omitted.
In section 83 of the principal Act,—
(a) in sub-section (1), the following proviso shall be inserted, namely:—
“Provided that any other Tribunal may, by notification, be declared as Tribunal for the purposes of this Act.”;
(b) in sub-section (2), the following proviso shall be inserted, namely:—
“Provided that if there is no Tribunal or the Tribunal is not functioning, any aggrieved person may directly prefer an appeal to the High Court.”;
(c) for sub-section (4), the following shall be substituted, namely:—
“(4) Every Tribunal shall consist of three members—
(a) a person who is or has been a District Judge, who shall be the Chairperson;
(b) a person who is or has been an officer equivalent in rank to that of a Joint Secretary to the State Government—Member;
(c) a person having knowledge of Muslim law and jurisprudence—Member:
Provided that the Tribunals established under this Act before the commencement of the Waqf (Amendment) Act, 2025 shall continue to function as such until the expiry of the term of the Chairperson and the members thereof under this Act.”;
(d) in sub-section (4A), the following proviso shall be added, namely:—
“Provided that the term of office of the Chairperson and the members shall be five years from the date of appointment or until they attain the age of sixty-five years, whichever is earlier.”;
(e) in sub-section (7), the words “final and” shall be omitted;
(f) for sub-section (9), the following sub-section shall be substituted, namely:—
“(9) Any person aggrieved by an order of the Tribunal may, within a period of ninety days from the date of receipt of the order of the Tribunal, prefer an appeal to the High Court.”.
In section 91 of the principal Act,—
(a) in sub-section (1), for the words and figures “the Land Acquisition Act, 1894”, the words and figures “the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013” shall be substituted;
(b) in sub-section (3), for the words and figures “under section 31 or section 32 of the Land Acquisition Act, 1894”, the words and figures “under section 77 or section 78 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013” shall be substituted;
(c) in sub-section (4),—
(i) for the words and figures “under section 31 or section 32 of the Land Acquisition Act, 1894”, the words and figures “under section 77 or section 78 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013” shall be substituted;
(ii) for the words “shall be declared void if claimed by the Board”, the words “shall be kept in abeyance in respect of the part of the property claimed by the Board, if claimed by the Board” shall be substituted;
(iii) the following proviso shall be inserted, namely:—
“Provided that the Collector shall, after hearing the parties concerned, pass an order within one month of the application of the Board.”.In section 100 of the principal Act, for the words “the Survey Commissioner”, the word “the Collector” shall be substituted.
In section 101 of the principal Act,—
(a) in the marginal heading and in sub-section (1), for the words “Survey Commissioner”, occurring at both places, the word “Collector” shall be substituted;
(b) in sub-sections (1) and (2), for the words and figures “section 21 of the Indian Penal Code”, occurring at both the places, the words, brackets and figures “clause (28) of section 2 of the Bharatiya Nyaya Sanhita, 2023” shall be substituted.
Section 104 of the principal Act shall be omitted.
For section 107 of the principal Act, the following section shall be substituted, namely:—
“107. On and from the commencement of the Waqf (Amendment) Act, 2025, the Limitation Act, 1963 shall apply to any suit in respect of any right or interest in immovable property comprised in a Waqf.”.
Sections 108 and 108A of the principal Act shall be omitted.
After section 108A of the principal Act as so omitted, the following section shall be added, namely:—
“108B. (1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing powers, the Central Government may make rules for all or any of the following matters, namely:—
(a) the Waqf Asset Management System for the registration, accounts, audit and other details of Waqfs and the Board under clause (ka) of section 3, and the manner of payment for the maintenance of widow, divorcee and orphan under sub-clause (iv) of clause (r) of section 3;
(b) any other details under clause (k) of sub-section (2) of section 3B;
(c) the manner of uploading the details of the Waqf under sub-section (2B) of section 5;
(d) any other details under clause (f) of sub-section (3) of section 36;
(e) the manner in which the Board shall maintain a Register of Auqaf under sub-section (1) of section 37;
(f) other particulars to be included in the Register of Auqaf under clause (f) of sub-section (1) of section 37;
(g) the form and manner of the statement of accounts and particulars thereof under sub-section (2) of section 46;
(h) the manner of publication of the audit report under sub-section (2A) of section 47;
(i) the manner of publication of the proceedings and orders of the Board under sub-section (2A) of section 48;
(j) any other matter which is required to be, or may be, prescribed.
(3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.”.
In sub-section (2) of section 109 of the principal Act,—
(a) clause (ia) shall be omitted;
(b) clause (ib) shall be omitted;
(c) in clauses (via) and (vib), for the words and figures “section 31”, wherever they occur, the words and figures “section 29” shall be substituted;
(d) after clause (viii), the following clause shall be inserted, namely:—
“(ix) the manner of giving notice inviting objections under the proviso to sub-section (4) of section 69;”.
In sub-section (2) of section 110 of the principal Act, clauses (f) and (g) shall be omitted.
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