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THE WAKF (AMENDMENT) ACT, 2013
No. 27 of 2013
EXTRAORDINARY
PUBLISHED BY AUTHORITY
No. 37] NEW DELHI, MONDAY, SEPTEMBER 23,2013/ ASVINA 1, 1935 (SAKA)
Separate paging is given to this Part in order that it may be filed as a separate compilation.
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 23rd September, 20\3/Asvina 1, 1935 (Saka)
The following Act of Parliament received the assent of the President on the 20th September, 2013, and is hereby published for general information:—
THE WAKF (AMENDMENT) ACT, 2013"
No. 27 of 2013
[20th September, 2013.].
An Act to amend the Wakf Act, 1995.
Be it enacted by Parliament in the Sixty-fourth Year of the Republic of India as
follows:—
Short title and commencement,
1. (1) This Act may be called the Wakf (Amendment) Act, 2013.
(2) It shall come into force On such date as the Central Government may, by notification in the Official Gazette, appoint.
Amendment of long title
2. In the long title to the Wakf Act, 1995 (hereinafter referred to as the principal Act), for the word "Wakfs", the word "Atiqaf' shall be substituted.
Amendmentof section L
3. In section 1 of the principal Act, in sub-section (/), for the word "Wakf', the word "Waqf' shall be substituted.
Substitution of reference to certain expressions by certain other expressions. 4. Throughout the principal Act, for the words "wakf"wakfs" and "wakif', wherever they occur, the words "waqf', "auqaf' and "waqif' shall, respectively, be substituted, and such other consequential amendments as the rules of grammar may require shall also be made.
Amendment of section 3
5. In section .3 of the principal Act,—
(l) after clause (e), the following clause shall be inserted, namely:—
‘ (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;';
(ii) for clause (g), the following clause shall be substituted, namely:—
'(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;';
(iii) in clause (z), after the proviso, the following provisos shall be inserted, namely:—
"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;";
(iv) in clause (k), in sub-clause (l), for the words "worship" and "khangah", the words "offer prayer" and "khanqah, peerkhana and karbala" shall, respectively, be substituted;
(v) for clause (r), the following clause shall be substituted, namely:—
'(r) "waqf' means the permanent dedication by any person, of any movable or immovable property for any purpose recognised by the Muslim law as pious, religious or charitable and includes—
(i) a waqf by user but such waqf shall' not cease- to be a waqf by reason only of the user having ceased irrespective of the period of such cesser;
(ii) a Shamlat Patti, Shamlat Deh, Jumla Malkkan or by any other name entered in a revenue record;
(iii) "grants", including mashrat-ul-khidmat for any purpose recognised by the Muslim law as pious, religious or charitable; and
(iv) a waqf-alal-aulad to the extent to which the property is dedicated for any purpose recognised by Muslim law as pious, religious or charitable, provided when the line of succession fails, the income of the waqf shall be spent for education, development, welfare and such other purposes as recognised by Muslim law,
and "waqif means any person making such dedication;'.
Amendment of section 4.
6. In section 4 of the principal Act,—
(a) in sub-section (7), for the words "wakfs existing in the State at the date of the commencement of this Act", the words "auqaf in the State" shall be substituted;
(b) after sub-section (/), the following sub-section shall be inserted, namely:—
"(1A) Every State Government shall maintain a list of auqaf referred to in sub-section (/) and the survey of auqaf shall be completed within a period of one year from the date of commencement of the Wakf (Amendment) Act, 2013, in case such survey was not done before the commencement of the Wakf (Amendment) Act, 2013:
Provided that where no Survey Commissioner of Waqf has been appointed, a Survey Commissioner for auqaf shall be appointed within three months from the date of such commencement.";
(c) in sub-section (6),—
(i) in the proviso, for the words "twenty years", the words "ten years" shall be substituted;
(ii) after the proviso, the following proviso shall be inserted, namely:—
"Provided further that the waqf properties already notified shall not be reviewed again in subsequent survey except where the status of such property has been changed in accordance with the provisions of any law.".
Amendment of section 5.
7. In section 5 of the principal Act,—
(a) in sub-section (2), for the words "publish in the Official Gazette", the words "forward it back to the Government within a period of six months for publication in « the Official Gazette" shall be substituted;
(b) after sub-section (2), the following sub-sections shall be inserted, namely:—
"(J) The revenue authorities shall—
(i) include the list of auqaf referred to in sub-section (2), while updating the land records; and
(ii) take into consideration the list of auqaf referred to in sub-section (2), while deciding mutation in the land records.
(4) The State Government shall maintain a record of the lists published under sub-section (2) from time to time.".
Amendment of section 6
8. In section 6 of the principal Act, in sub-section (I),-—
(a) for the words "any person interested therein", the words "any person aggrieved" shall be substituted;
(b) after the proviso, the following proviso shall be inserted, namely:—
"Provided further that no suit shall be instituted before the Tribunal in respect of such properties notified in a second or subsequent survey pursuant to the provisions contained in sub-section (6) of section 4.";
(c) the Explanation shall be omitted.
Amendment of section 7.
9. In section 7 of the principal Act,—
(a) in sub-section (/),—
(i) for the words "any question", the words "any question or dispute" shall be substituted;
(ii) for the words "or any person interested", the words and figure "or any person aggrieved by the publication of the list of auqaf under section 5" shall be substituted; (b) after sub-section (5), the following sub-section shall be inserted, namely:—
"(6) The Tribunal shall have the powers of assessment of damages by unauthorised occupation of waqf property and to penalise such unauthorised occupants for their illegal occupation of the waqf property and to recover the damages as arrears of land revenue through the Collector:
Provided that whosoever, being a public servant, fails in his lawful duty to prevent or remove an encroachment, shall on conviction be punishable with fine which may extend to fifteen thousand rupees for each such offence.".
Substitution of new section for section 8
10. For section 8 of the principal Act, the following section shall be substituted, namely:— ..
State Government to bear cost of survey.
"8. The total cost of making a survey including the cost of publication of the list or lists of auqaf under this Chapter shall be borne by the State Government.".
Amendment of section 9.
11. In section 9 of the principal Act,—
(a) for sub-section (l), the following sub-sections shall be substituted, namely:—
"(1) The Central Government may, by notification in the Official Gazette, establish a Council to be called the Central Waqf Council, for the purpose of advising the Central Government, the State Governments and the Boards on matters concerning the working of Boards and the due administration of auqaf.
(1A) The Council referred to in sub-section (7) shall issue directives to the Boards, on such issues and in such manner, as provided under sub-sections (4) and (5).";
(b) in sub-section (2), in clause (b),—
(i) for sub-clause (//), the following sub-clause shall be substituted, namely:—
"(ii) four persons of national eminence, one each from the fields of administration or management, financial management, engineering or architecture and medicine;";
(ii) after sub-clause (viii), the following proviso shall be inserted, namely:—
"Provided that at least two of the members appointed under sub-clauses (/) to (viii) shall be women.";
(c) after sub-section (3), the following sub-sections shall be inserted, namely:—
"(4) The State Government or, as the case may be, the Board, shall furnish information to the Council on the performance of Waqf Boards in the State, particularly on their financial performance, survey, maintenance of waqf deeds, revenue records, encroachment of waqf properties, annual reports and audit reports in the manner and time as may be specified by the Council and it may suo motu call for information on specific issues from the Board, if it is satisfied that there was prima facie evidence of irregularity or violation of the provisions of this Act and if the Council is satisfied that such irregularity or violation of the Act is established, it may issue such directive, as considered appropriate, which shall be complied with by the concerned Board under intimation to the concerned State Government.
(5) Any dispute arising out of a directive issued by the Council under sub-section (4) shall be referred to a Board of Adjudication to be constituted by the Central Government, to be presided over by a retired Judge of the Supreme Court or a retired Chief Justice of a High Court and the fees and travelling and other allowances payable to the Presiding Officer shall be such as may be specified by that Government.".
Amendment of section 12.
12. In section 13 of the principal Act,—
(a) after sub-section (/), the following proviso shall be inserted, namely:—
"Provided that in case where a Board of Waqf has not been established, as required under this sub-section, a Board of Waqf shall, without prejudice to the provisions of this Act or any other law for the time being in force, be established within six months from the date of commencement of the Wakf (Amendment) Act, 2013.";
(b) after sub-section (2), the following sub-section shall be inserted, namely:—
"(2A) Where a Board of Waqf is established under sub-section (2) of section 13, in the case of Shia waqf, the Members shall belong to the Shia Muslim and in the case of Sunni waqf, the Members shall belong to the Sunni Muslim.".
Amendment of section 13.
13. In section 14 of the principal Act,—
(I) in sub-section (l),—
(i) for the words "the Union territory of Delhi", wherever they occur, the words "the National Capital Territory of Delhi" shall be substituted;
(ii) in clause (b),—
(a) for sub-clause (iii), the following sub-clause shall be substituted, namely:—
"(iii) Muslim members of the Bar Council of the concerned State or Union territory:
Provided that in case there is no Muslim member of the Bar Council of a State or a Union territory, the State Government or the Union territory administration, as the case may be, may nominate any senior Muslim advocate from that State or the Union territory, and";
(b) after sub-clause (iv), the following Explanations shall be inserted, namely:—
"Explanation I.— For the removal of doubts, it is hereby declared that the members from categories mentioned in sub-clauses (/) to (iv), shall be elected from the electoral college constituted for each category.
Explanation II.—For the removal of doubts it is hereby declared that in case a Muslim member ceases to be a Member of Parliament from the State or National Capital Territory of Delhi as referred to in sub-clause (t) of clause (b) or ceases to be a Member of the State Legislative Assembly as required under sub-clause (ii) of clause (b), such member shall be deemed to have vacated the office of the member of the Board for the State or National Capital Territory of Delhi, as the case may be, from the date from which such member ceased to be a Member of Parliament from the State or National Capital Territory of Delhi, or a Member of the State Legislative Assembly, as the case may be;";
(iii) for clauses (c) to (e), the following clauses shall be substituted, namely:—
"(c) one person from amongst Muslims, who has professional experience in town planning or business management, social work, finance or revenue, agriculture and development activities, to be nominated by the State Government;
(d) one person each from amongst Muslims, to be nominated by the State Government from recognised scholars in Shia and Sunni Islamic Theology;
(e) one person from amongst Muslims, to be nominated by the State Government from amongst the officers of the State Government not below the rank of Joint Secretary to the State Government;";
(II) after sub-section (/), the following sub-section shall be inserted, namely:—
"(IA) No Minister of the Central Government or, as the case may be, a State Government, shall be elected or nominated as a member of the Board:
Provided that in case of a Union territory, the Board shall consist of not less than five and not more than seven members to be appointed by the Central Government from categories specified under sub-clauses (/) to (;v) of clause (b) or clauses (c) to (e) in sub-section (I):
Provided further that at least two Members appointed on the Board shall be women:
Provided also that in every case where the system of mutawalii exists, there shall be one mutawalii as the member of the Board.";
(III) sub-section (5) shall be omitted.
(IV) sub-section (7) shall be omitted.
Amendment 14.
14. In section 15 of the principal Act, the words, brackets and figures "from the date
of notification referred to in sub-section (9) of section 14" shall be inserted at the end.
Amendment 15.
15. In section 16 of the principal Act, after clause (d), the following clause shall be of section 16. inserted, namely:—
"(da) he has been held guilty of encroachment on any waqf property;".
Insertion of new section 20 A.
16. After section 20 of the principal Act, the following section shall be inserted, namely:—
Removal or Chairperson by vote of no confidence.
"20A. Without prejudice to the provisions of section 20, the Chairperson of a Board may be removed by vote of no confidence in the following manner, namely:—
(a) no resolution expressing a vote of confidence or no confidence in any person elected as Chairperson of a Board shall be moved except in the manner prescribed and twelve months have not elapsed after the date of his election as a Chairperson and be removed except with the prior permission of the State Government;
(b) notice for no confidence shall be addressed to the State Government stating clearly the grounds on which such motion is proposed to be moved and shall be signed by at least half the total members of the Board;
(c) at least three members of the Board signing the notice of no confidence shall personally present to the State Government, the notice together with an affidavit signed by them to the effect that the signatures on no confidence motion are genuine and have been made by the signatories after hearing or reading the contents of the notice;
(d) on receipt of the notice of no confidence, as provided hereinabove, the State Government shall fix such time, date and place as may be considered suitable for holding a meeting for the purpose of the proposed no confidence motion; . .
Provided that at least fifteen days notice shall be given for such a meeting;
(e) notice for meeting under clause (d) shall also provide that in the event of no confidence motion being duly carried on or, election of the new Chairperson, as the case may be, shall also be held in the same meeting;
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