MAINTENANCE OF ACCOUNTS OF AUQAFCentral

Section 65 of The Waqf Act, 1995

65. Assumption of direct management of certain 1[auqaf] by the Board.--- (1) Where no suitable person is available for appointment as a mutawalli of a 2[waqf], or where the Board is satisfied, for reasons to be recorded by it in writing, that the filling up of the vacancy in the office of a mutawalli is prejudicial to the interests of the 2[waqf], the Board may, by notification in the Official Gazette, assume direct management of the 2[waqf] for such period or periods, not exceeding five years in the aggregate, as may be specified in the notification.

(2)The State Government may, on its own motion or on the application of any person interested in the 2[waqf], call for the records of any case for the purpose of satisfying itself as to the correctness, legality or propriety of the notification issued by the Board under sub-section (1) and pass such orders as it may think fit and the orders so made by the State Government shall be final and shall be published in the manner specified in sub-section (1).
(3)3[Within six months] after the close of every financial year, the Board shall send to the State Government a detailed report in regard to every 2[waqf] under its direct management, giving therein---
1. (a)the details of the income of the 2[waqf] for the year immediately preceding the year under report;
2. (b)the steps taken to improve the management and income of the 2[waqf];
3. (c)the period during which the 2[waqf] has been under the direct management of the Board and explaining the reasons as to why it has not been possible to entrust the management of the2[waqf] to the mutawalli or any committee of management during the year; and
4. (d)such other matters as may be prescribed.
(4)The State Government shall examine the report submitted to it under sub-section (3), and after such examination, issue such directions or instructions to the Board as it may think fit and the Board shall comply with such directions or instructions on receipt thereof. 4[(5) Notwithstanding anything contained in sub-section (1), the Board shall take over the administration of a waqf, if the waqf Board has evidence before it to prove that management of the waqf has contravened the provisions of this Act.]

Summary

The Board can take over the direct management of a property if no suitable person is available to be the manager.
Direct management is also allowed if the Board believes filling a vacancy would harm the interests of the property.
The Board must explain its reasons in writing and publish a notification in the Official Gazette to assume control.
This direct management can only last for a total of five years.
The Board must submit a detailed report to the State Government within six months of the end of each financial year for every property it manages directly.
If the Board has evidence that the current management is breaking the law, it is required to take over the administration.

Practical examples

1A large heritage estate in Bihar has no heirs left to manage it, and local groups are trying to illegally occupy the land. In June 2026, the Board publishes a notice and takes over direct management under Section 65 to protect the estate.

2The Board discovers that a committee managing a school has been selling off school equipment for personal profit. Because this contravenes the law, the Board uses Section 65 to take over the school's administration immediately.

FAQ

1. What is the maximum time the Board can manage a property directly under Section 65 of The Waqf Act, 1995?

Under Section 65 of The Waqf Act, 1995, the Board can assume direct management for a period or periods that do not exceed five years in total.

2. Can the State Government stop the Board from taking over a property under Section 65 of The Waqf Act, 1995?

Yes, Section 65 of The Waqf Act, 1995 allows the State Government to review the Board's decision and pass any orders it thinks fit.

3. What must the Board include in its report to the government under Section 65 of The Waqf Act, 1995?

Under Section 65 of The Waqf Act, 1995, the report must include income details, steps taken to improve management, and reasons why a new manager hasn't been appointed yet.

Test yourself

Q1.According to Section 65 of The Waqf Act, 1995, when must the Board send its annual report to the State Government?

Q2.Under Section 65 of the general law, what is the mandatory ground for the Board to take over a property?

Q3.What happens to the Board's takeover notice according to Section 65 of the 1995 Act?

Q4.Under Section 65 of the general law, who can ask the State Government to check if the Board's takeover was legal?

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