REGISTRATION OF AUQAFCentral

Section 39 of The Waqf Act, 1995

39. Powers of Board in relation to 1[auqaf] which have ceased to exist.--- (1) The Board shall, if it is satisfied that the objects or any part thereof, of a 2[waqf] have ceased to exist, whether such cesser took place before or after the commencement of this Act, cause an inquiry to be held by the Chief Executive Officer, in the prescribed manner, to ascertain the properties and funds pertaining to such 2[waqf].

(2)On the receipt of the report of inquiry of the Chief Executive Officer, the Board shall pass an order,---
1. (a)specifying the property and funds of such2[waqf];
2. (b)directing that any property or funds pertaining to such 2[waqf] which have been recovered shall be applied or utilised for the renovation of any 2[waqf] property and where there is no need for making any such renovation or where utilisation of the funds for such renovation is not possible, be appropriated, to any of the purposes specific in sub-clause (iii) of clause (e) of sub-section (2) of section 32.
(3)The Board may, if it has reason to believe that any building or other place which was being used for religious purpose or instruction or for charity has, whether before or after the commencement of this Act, ceased to be used for that purpose, make an application to the Tribunal for an order directing the recovery of possession of such building or other place.
(4)The Tribunal may, if it is satisfied, after making such inquiry as it may think fit, that such building or other place---
1. (a)is 2[waqf] property;
2. (b)has not been acquired under any law for the time being in force relating to acquisition of land or is not under any process of acquisition under any such law, or has not vested in the State Government under any law for the time being in force relating to land reforms; and
3. (c)is not in the occupation of any person who has been authorised by or under any law for the time being in force to occupy such building or other place, make an order---
  1. (i)directing the recovery of such building or place from any person who may be in unauthorised possession thereof, and
  2. (ii)directing that such property, building or place be used for religious purpose or instruction as before, or if such use is not possible, be utilised for any purpose specified in sub-clause (iii) of clause (e) of sub-section (2) of section 32.

Summary

If a waqf's original purposes stop existing, the Board holds an inquiry to find out what happened to its money and buildings.
The Board can order that these remaining funds be used to fix other waqf properties or for similar charitable goals.
If a building used for religion or charity is empty or abandoned, the Board can ask the Tribunal to help them take it back.
The Tribunal can order the recovery of the building from anyone who is living there without permission.
Recovered properties must be used for their original religious or charitable purpose if possible, or for helping the poor and education.

Practical examples

1An old orphanage closed down because there were no more children in the area. Following Section 39 of the Waqf Act, the Board held an inquiry and decided to use the empty building's rental income to fund a nearby school for the poor.

2A small prayer room was abandoned and taken over by a local shopkeeper to store boxes. The Board applied to the Tribunal under Section 39, which ordered the shopkeeper to leave so the room could be used for prayers again.

FAQ

1. What does Section 39 of The Waqf Act, 1995 do if a waqf's purpose is gone?

Section 39 of The Waqf Act, 1995 allows the Board to hold an inquiry and redirect the properties and funds to other religious or charitable uses.

2. Can the Board take back an abandoned religious building under Section 39 of The Waqf Act, 1995?

Yes, the Board can apply to the Tribunal for an order to recover possession of buildings that were used for religion or charity but have ceased to be used for that purpose, as per Section 39 of The Waqf Act, 1995.

3. Who conducts the inquiry into a ceased waqf under Section 39 of The Waqf Act, 1995?

Under Section 39 of The Waqf Act, 1995, the Board causes the Chief Executive Officer to hold the inquiry in the prescribed manner.

Test yourself

Q1.Under Section 39 of The Waqf Act, 1995, who carries out the inquiry when a waqf's objects cease to exist?

Q2.According to Section 39 of The Waqf Act, 1995, what is a valid use for funds recovered from a waqf that no longer exists?

Q3.Under Section 39 of The Waqf Act, 1995, the Tribunal will NOT order the recovery of a building if it has been:

Q4.If a waqf ceases to exist under Section 39 of The Waqf Act, 1995, and renovation is not possible, where can the money be spent?

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