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Union of India - Section

Section 4 in The Waqf (Amendment) Act, 2025

4. Amendment of section 3.

In section 3 of the principal Act,-
(i)after clause (a), the following clause shall be inserted, namely:-
'(aa)“Aghakhani waqf” means a waqf dedicated by an Aghakhani 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 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;’;
(iv)after clause (f), the following clauses shall be inserted, namely:-
'(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;’;
(v)in clause (i), the words “, either verbally or” shall be omitted;
(vi)after clause (k), the following clause shall be inserted, namely:-
'(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;’
(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 person, of any movable or immovable property”, the words “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,” shall be substituted;
(b)sub-clause (i) shall be omitted;
(c)in sub-clause (iv), after the word “welfare”, the words“, or maintenance of widow, divorced woman and orphan, if waqif so intends, in such manner, as may be prescribed 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)the following proviso shall be inserted at the end, namely:-“Provided that the existing waqf by user properties registered on or before the commencement of the Waqf (Amendment) Act, 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;”.