REGISTRATION OF AUQAF

Registration.

§36

Summary

(1) Every 1[waqf], whether created before or after the commencement of this Act, shall be registered at the office of the Board. 3[(1A) On and from the commencement of the Waqf (Amendment) Act, 2025, no waqf shall be created without execution of a waqf deed.] (2) Application for registration shall be made by the mutawalli: Provided that such applications may be 4[made by the waqf] or his descendants or a beneficiary of the 1[waqf] or any Muslim belonging to the sect to which the 1[waqf] belongs. (3) An application for registration shall be made 5[ to the Board through the portal and database] and shall contain the following particulars:--- (a) a description of the 1[waqf] properties sufficient for the identification thereof; (b) the gross annual income from such properties; (c) the amount of land revenue, cesses, rates and taxes annually payable in respect of the 1[waqf] properties; (d) an estimate of the expenses annually incurred in the realisation of the income of the 1[waqf] properties; (e) the amount set apart under the 1[waqf] for--- (i) the salary of the mutawalli and allowances to the individuals; (ii) purely religious purposes; (iii) charitable purposes; and (iv) any other purposes; 6[(f) any other particulars as may be prescribed by the Central Government.] (4) Every such application shall be accompanied by a copy of the 1[waqf] deed 7****. (5) Every application made under sub-section (2) shall be signed and verified by the applicant in the manner provided in the Code of Civil Procedure, 1908 (5 of 1908) for the signing and verification of pleadings. (6) The Board may require the applicant to supply any further particulars or information that it may consider necessary. 8[(7) On receipt of an application for registration, the Board shall forward the application to the Collector having jurisdiction to inquire the genuineness and validity of the application and correctness of any particulars therein and submit a report to the Board: Provided that if 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, wholly or in part, is in dispute or is a Government property, the waqf in relation to such part of property shall not be registered, unless the dispute is decided by a competent court.] (8) In the case of 2[auqaf] created before the commencement of this Act, every application for registration shall be made, within three months from such commencement and in the case of 2[auqaf] created after such commencement, within three months from the date of the creation of the 1[waqf.] 9* * * * * 10[(9) The Board, on registering a waqf, shall issue the certificate of registration to the waqf through the portal and database. (10) No suit, appeal or other legal proceeding for the enforcement of any right on behalf of any waqf which have 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 expiry of a period of six months from the commencement of the Waqf (Amendment) Act, 2025: Provided that an application may be entertained by the court in respect of such suit, appeal or other legal proceedings after the period of six months specified under this sub-section, if the applicant satisfies the court that he has sufficient cause for not making the application within such period.]

(1) Every 1[waqf], whether created before or after the commencement of this Act, shall be registered at the office of the Board. 3[(1A) On and from the commencement of the Waqf (Amendment) Act, 2025, no waqf shall be created without execution of a waqf deed.] (2) Application for registration shall be made by the mutawalli: Provided that such applications may be 4[made by the waqf] or his descendants or a beneficiary of the 1[waqf] or any Muslim belonging to the sect to which the 1[waqf] belongs. (3) An application for registration shall be made 5[ to the Board through the portal and database] and shall contain the following particulars:--- (a) a description of the 1[waqf] properties sufficient for the identification thereof; (b) the gross annual income from such properties; (c) the amount of land revenue, cesses, rates and taxes annually payable in respect of the 1[waqf] properties; (d) an estimate of the expenses annually incurred in the realisation of the income of the 1[waqf] properties; (e) the amount set apart under the 1[waqf] for--- (i) the salary of the mutawalli and allowances to the individuals; (ii) purely religious purposes; (iii) charitable purposes; and (iv) any other purposes; 6[(f) any other particulars as may be prescribed by the Central Government.] (4) Every such application shall be accompanied by a copy of the 1[waqf] deed 7****. (5) Every application made under sub-section (2) shall be signed and verified by the applicant in the manner provided in the Code of Civil Procedure, 1908 (5 of 1908) for the signing and verification of pleadings. (6) The Board may require the applicant to supply any further particulars or information that it may consider necessary. 8[(7) On receipt of an application for registration, the Board shall forward the application to the Collector having jurisdiction to inquire the genuineness and validity of the application and correctness of any particulars therein and submit a report to the Board: Provided that if 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, wholly or in part, is in dispute or is a Government property, the waqf in relation to such part of property shall not be registered, unless the dispute is decided by a competent court.] (8) In the case of 2[auqaf] created before the commencement of this Act, every application for registration shall be made, within three months from such commencement and in the case of 2[auqaf] created after such commencement, within three months from the date of the creation of the 1[waqf.] <center class="font1">9* * * * *</center> 10[(9) The Board, on registering a waqf, shall issue the certificate of registration to the waqf through the portal and database. (10) No suit, appeal or other legal proceeding for the enforcement of any right on behalf of any waqf which have 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 expiry of a period of six months from the commencement of the Waqf (Amendment) Act, 2025: Provided that an application may be entertained by the court in respect of such suit, appeal or other legal proceedings after the period of six months specified under this sub-section, if the applicant satisfies the court that he has sufficient cause for not making the application within such period.]

Footnotes

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. 24, ibid., for made by the "wakf" (w.e.f. 1-11-2013).
4. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).
5. Subs. by s. 4, ibid., for "wakfs" (w.e.f. 1-11-2013).

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