5. Insertion of new sections 3A, 3B, 3C, 3D and 3E.
After section 3 of the principal Act, the following sections shall be inserted, namely:—"3A. (1)Certain conditions of waqfNo person shall create a waqf unless he is the lawful owner of the property and competent to transfer or dedicate such property.(2)The creation of a waqf-alal-aulad shall not result in denial of inheritance rights of heirs, including women heirs, of the waqif or any other rights of persons with lawful claims.3B (1)Filing of details of waqf on portal and database.Every waqf registered under this Act, prior to the commencement of the Waqf (Amendment) Act, 2025, shall file the details of the waqf and the property dedicated to the waqf on the portal and database, within a period of six months from such commencement:Provided that the Tribunal may, on an application made to it by the mutawalli, extend such period of six months under this section for a further period not exceeding six months as it may consider appropriate, if he satisfies the Tribunal that he had sufficient cause for not filing the details of the waqf on the portal within such period.(2)The details of the waqf under sub-section (1), amongst other information, shall include the following, namely:-(a)the identification and boundaries of waqf properties, their use and occupier;(b)the name and address of the creator of the waqf, mode and date of such creation;(c)the deed of waqf, if available;(d)the present mutawalli and its management;(e)the gross annual income from such waqf properties;(f)the amount of land-revenue, cesses, rates and taxes annually payable in respect of the waqf properties;(g)an estimate of the expenses annually incurred in the realisation of the income of the waqf properties;(h)the amount set apart under the 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;(i)details of court cases, if any, involving such waqf property;(f)any other particular as may be prescribed by the Central Government.3C.(1)Wrongful declaration of waqfAny Government property identified or declared as waqf property, before or after the commencement of this Act, shall not be deemed to be a waqf property.(2)If any question arises as to whether any such property is a Government property, the State Government may, by notification, designate on Officer above the rank of Collector (hereinafter referred to as the designated officer), who shall conduct an inquiry as per law, and determine whether such property is a Government property or not and submit his report to the State Government:Provided that such property shall not be treated as waqf property till the designated officer submits his report.(3)In case the designated officer determines the property to be a Government property, he shall make necessary corrections in revenue records and submit a report in this regard to the State Government.(4)The State Government shall, on receipt of the report of the designated officer, direct the Board to make appropriate correction in the records.3D.Declaration of protected monument or protected area as waqf to be void.Any declaration or notification issued under this Act or under any previous Act in respect of waqf properties shall be void, if such property was a protected monument or protected area under the Ancient Monuments Preservation Act, 1904 or the Ancient Monuments and Archaeological Sites and Remains Act, 1958, at the time of such declaration or notification.3E.Bar of declaration of any land in Scheduled or Tribal area as waqf.Notwithstanding anything contained in this Act or any other law for the time being in force, no land belonging to members of Scheduled Tribes under the provisions of the Fifth Schedule or the Sixth Schedule to the Constitution shall be declared or deemed to be waqf property.”.
