PRELIMINARY

Definitions.

§3

Summary

In this Act, unless the context otherwise requires,--- (a) "beneficiary" means a person or object for whose benefit a 1[waqf] is created and includes religious, pious and charitable objects and any other objects of public utility sanctioned by the Muslim law; 2[(aa) "Aghakhani waqf" means a waqf dedicated by an Aghakhani waqif;] (b) "benefit" does not include any benefit which a mutawalli is entitled to claim solely by reason of his being such mutawalli; (c) "Board" means a Board of 1[Waqf] established under sub-section (1), or as the case may be, under sub-section (2) of section 13 and shall include a common 1[Waqf] Board established under section 106; 2[(ca) "Bohra waqf" means a waqf dedicated by a Bohra waqif;] (d) "Chief Executive Officer" means the Chief Executive Officer appointed under sub-section (1) of section 23; 2 [(da) "Collector" includes the Collector of land-revenue of a district, or the Deputy Commissioner, or any officer not below the rank of Deputy Collector authorised in writing by the Collector;] (e) "Council" means the Central 1[Waqf] Council established under section 9; 3[(ee) "encroacher" means any person or institution, public or private, occupying waqf property, in whole or part, without the authority of law and includes a person whose tenancy, lease or licence has expired or has been terminated by mutawalli or the Board;] (f) "Executive Officer" means the Executive Officer appointed by the Board under sub-section (1) of section 38; 2[(fa) "Government Organisation" includes the Central Government, State Governments, Municipalities, Panchayats, attached and subordinate offices and autonomous bodies of the Central Government or State Government, or any organisation or Institution owned and controlled by the Central Government or State Government; (fb) "Government property" means movable or immovable property or any part thereof, belonging to a Government Organisation;] 4[(g) "list of auqaf" means the list of auqaf published under sub-section (2) of section 5 or contained in the register of auqaf maintained under section 37;] (h) "member" means a member of the Board and includes the Chairperson; (i) "mutawalli" means any person appointed 5*** under any deed or instrument by which a 1[waqf] has been created, or by a competent authority, to be the mutawalli of a 1[waqf] and includes any person who is a mutawalli of a 1[waqf] by virtue of any custom or who is a naib-mutawalli, khandim, mujawar, sajjadanashin, amin or other person appointed by a mutawalli to perform the duties of a mutawalli and save as otherwise provided in this Act, any person, committee or corporation for the time being, managing or administering any 1[waqf] or1[waqf] property: Provided that no member of a committee or corporation shall be deemed to be a mutawalli unless such member is an office-bearer of such committee or corporation: 6[Provided further that the mutawalli shall be a citizen of India and shall fulfil such other qualifications as may be prescribed: Provided also that in case a waqf has specified any qualifications, such qualifications may be provided in the rules as may be made by the State Government;] (j) "net annual income", in relation to a 1[waqf] , means net annual income determined in accordance with the provisions of the Explanations to sub-section (1) of section 72; (k) "person interested in a 1[waqf]" means any person who is entitled to receive any pecuniary or other benefits from the 1[waqf] and includes--- (i) any person who has a right to 7[offer prayer] or to perform any religious rite in a mosque, idgah, imambara, dargah, 8[ khanqah, peerkhana and karbala], maqbara, graveyard or any other religious institution connected with the 1[waqf] or to participate in any religious or charitable institution under the 1[waqf]; (ii) the 9[waqif] and any descendant of the 9[waqif] and the mutawalli; 2[(ka) "portal and database" means the waqf asset management system or any other system set up by the Central Government for the registration, accounts, audit and any other detail of waqf and the Board, as may be prescribed by the Central Government;] 10[(l) "prescribed" means prescribed by rules made under this Act;] (m) "regulations" means the regulations made by the Board under this Act; (n) "Shia 1[waqf]" means a 1[waqf] governed by Shia Law; (o) "Sunni 1[waqf]" means a 1[waqf] governed by Sunni Law; 11* * * * * (q) "Tribunal", in relation to any area, means the Tribunal constituted under sub-section (1) of section 83, having jurisdiction in relation to that area; 12[(r) "waqf" means the permanent dedication by 13[any person showing or demonstrating that he is practising Islam for at least five years, of any movable or immovable property, having ownership of such property and that there is no contrivance involved in the dedication of such property,] for any purpose recognised by the Muslim law as pious, religious or charitable and includes--- 14* * * * * (ii) a Shamlat Patti, Shamlat Deh, Jumla Malkkan or by any other name entered in a revenue record; (iii) "grants", including mashrat-ul-khidmat for any purpose recognised by the Muslim law as pious, religious or charitable; and (iv) a waqf-alal-aulad to the extent to which the property is dedicated for any purpose recognised by Muslim law as pious, religious or charitable, provided when the line of succession fails, the income of the waqf shall be spent for education, development, welfare 2[,or maintenance of widow, divorced woman and orphan, if waqif so intends, in such manner, as may be prescribed by the Central Government,] and such other purposes as recognised by Muslim law, and "waqif" means 15[any such person] making such dedication;] (s) "1[waqf] deed" means any deed or instrument by which 1[waqf] has been created and includes any valid subsequent deed or instrument by which any of the terms of the original dedication have been varied; (t) "1[waqf] Fund" means a 1[waqf] fund formed under sub-section (1) of section 77: 2[Provided that the existing waqf by user properties registered on or before the commencement of the Waqf (Amendment) Act, 2025 (14 of 2025) as waqf by user will remain as waqf properties except that the property, wholly or in part, is in dispute or is a government property.]

In this Act, unless the context otherwise requires,--- (a) "beneficiary" means a person or object for whose benefit a 1[waqf] is created and includes religious, pious and charitable objects and any other objects of public utility sanctioned by the Muslim law; 2[(aa) "Aghakhani waqf" means a waqf dedicated by an Aghakhani waqif;] (b) "benefit" does not include any benefit which a mutawalli is entitled to claim solely by reason of his being such mutawalli; (c) "Board" means a Board of 1[Waqf] established under sub-section (1), or as the case may be, under sub-section (2) of section 13 and shall include a common 1[Waqf] Board established under section 106; 2[(ca) "Bohra waqf" means a waqf dedicated by a Bohra waqif;] (d) "Chief Executive Officer" means the Chief Executive Officer appointed under sub-section (1) of section 23; 2 [(da) "Collector" includes the Collector of land-revenue of a district, or the Deputy Commissioner, or any officer not below the rank of Deputy Collector authorised in writing by the Collector;] (e) "Council" means the Central 1[Waqf] Council established under section 9; 3[(ee) "encroacher" means any person or institution, public or private, occupying waqf property, in whole or part, without the authority of law and includes a person whose tenancy, lease or licence has expired or has been terminated by mutawalli or the Board;] (f) "Executive Officer" means the Executive Officer appointed by the Board under sub-section (1) of section 38; 2[(fa) "Government Organisation" includes the Central Government, State Governments, Municipalities, Panchayats, attached and subordinate offices and autonomous bodies of the Central Government or State Government, or any organisation or Institution owned and controlled by the Central Government or State Government; (fb) "Government property" means movable or immovable property or any part thereof, belonging to a Government Organisation;] 4[(g) "list of auqaf" means the list of auqaf published under sub-section (2) of section 5 or contained in the register of auqaf maintained under section 37;] (h) "member" means a member of the Board and includes the Chairperson; (i) "mutawalli" means any person appointed 5*** under any deed or instrument by which a 1[waqf] has been created, or by a competent authority, to be the mutawalli of a 1[waqf] and includes any person who is a mutawalli of a 1[waqf] by virtue of any custom or who is a naib-mutawalli, khandim, mujawar, sajjadanashin, amin or other person appointed by a mutawalli to perform the duties of a mutawalli and save as otherwise provided in this Act, any person, committee or corporation for the time being, managing or administering any 1[waqf] or1[waqf] property: Provided that no member of a committee or corporation shall be deemed to be a mutawalli unless such member is an office-bearer of such committee or corporation: 6[Provided further that the mutawalli shall be a citizen of India and shall fulfil such other qualifications as may be prescribed: Provided also that in case a waqf has specified any qualifications, such qualifications may be provided in the rules as may be made by the State Government;] (j) "net annual income", in relation to a 1[waqf] , means net annual income determined in accordance with the provisions of the Explanations to sub-section (1) of section 72; (k) "person interested in a 1[waqf]" means any person who is entitled to receive any pecuniary or other benefits from the 1[waqf] and includes--- (i) any person who has a right to 7[offer prayer] or to perform any religious rite in a mosque, idgah, imambara, dargah, 8[ khanqah, peerkhana and karbala], maqbara, graveyard or any other religious institution connected with the 1[waqf] or to participate in any religious or charitable institution under the 1[waqf]; (ii) the 9[waqif] and any descendant of the 9[waqif] and the mutawalli; 2[(ka) "portal and database" means the waqf asset management system or any other system set up by the Central Government for the registration, accounts, audit and any other detail of waqf and the Board, as may be prescribed by the Central Government;] 10[(l) "prescribed" means prescribed by rules made under this Act;] (m) "regulations" means the regulations made by the Board under this Act; (n) "Shia 1[waqf]" means a 1[waqf] governed by Shia Law; (o) "Sunni 1[waqf]" means a 1[waqf] governed by Sunni Law; <center class="font1">11* * * * *</center> (q) "Tribunal", in relation to any area, means the Tribunal constituted under sub-section (1) of section 83, having jurisdiction in relation to that area; 12[(r) "waqf" means the permanent dedication by 13[any person showing or demonstrating that he is practising Islam for at least five years, of any movable or immovable property, having ownership of such property and that there is no contrivance involved in the dedication of such property,] for any purpose recognised by the Muslim law as pious, religious or charitable and includes--- <center class="font1">14* * * * *</center> (ii) a Shamlat Patti, Shamlat Deh, Jumla Malkkan or by any other name entered in a revenue record; (iii) "grants", including mashrat-ul-khidmat for any purpose recognised by the Muslim law as pious, religious or charitable; and (iv) a waqf-alal-aulad to the extent to which the property is dedicated for any purpose recognised by Muslim law as pious, religious or charitable, provided when the line of succession fails, the income of the waqf shall be spent for education, development, welfare 2[,or maintenance of widow, divorced woman and orphan, if waqif so intends, in such manner, as may be prescribed by the Central Government,] and such other purposes as recognised by Muslim law, and "waqif" means 15[any such person] making such dedication;] (s) "1[waqf] deed" means any deed or instrument by which 1[waqf] has been created and includes any valid subsequent deed or instrument by which any of the terms of the original dedication have been varied; (t) "1[waqf] Fund" means a 1[waqf] fund formed under sub-section (1) of section 77: 2[Provided that the existing waqf by user properties registered on or before the commencement of the Waqf (Amendment) Act, 2025 (14 of 2025) as waqf by user will remain as waqf properties except that the property, wholly or in part, is in dispute or is a government property.]

Footnotes

1. Subs. by s. 3, ibid., for "wakf" (w.e.f. 1-11-2013).
2. Ins. by s. 5, ibid. (w.e.f. 1-11-2013).
3. Subs. by s. 5, ibid., for clause (g) (w.e.f. 1-11-2013).
4. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).
5. Ins. by s. 5, ibid. (w.e.f. 1-11-2013).
6. Subs. by s. 5, ibid., for "worship" (w.e.f. 1-11-2013).
7. Subs. by s. 5, ibid., for "khangah" (w.e.f. 1-11-2013).
8. Subs. by s. 4, ibid., for "wakif" (w.e.f. 1-11-2013).
9. Subs. by s. 4, ibid., for "wakfs" (w.e.f. 1-11-2013).
10. Subs. by s. 5, ibid., for clause (r) (w.e.f. 1-11-2013).
11. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).

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