District Collectors to have wide powers in registering new Waqf properties and deciding on Waqf claims on government properties

The District Collectors will have a crucial role in registering new Waqf properties and looking into complaints of government properties being identified or declared as Waqf, according to the draft Waqf rules.

The Union government has sought the views of the State governments and the State Waqf Boards on the draft rules for the Waqf (Amendment) Act 2025, which was passed by Parliament in April. The Rules will come into force once they are notified in the Gazette of India.

The Collector shall inquire into the genuineness and validity of the application for registering a new Waqf in accordance with the revenue laws and confirm that the Waqif (the one who is making the Waqf) is a lawful owner of the property and competent to dedicate it as a Waqf. The Collector will also ascertain that the proposed property is not a government property, a protected monument or protected area under the Ancient Monuments Preservation Act, 1904 or the Ancient Monuments and Archaeological Sites and Remains Act, and does not belong to Scheduled Tribes, according to the draft rules.

Kerala had been keenly awaiting the introduction of the Rules as Kiran Rijiju, the Union Minister for Minority Affairs, had stated earlier this year that the enactment of the Rules would help the Munambam residents in their legal fight for restoring the revenue rights of their holdings. The residents had opposed the decision of the Kerala Waqf Board in notifying the land as a Waqf property. Two petitions challenging the decision of the Board are pending before the Waqf Tribunal. The residents, who claimed that they had purchased the holding from Farook College, Kozhikode, have been protesting for 240 days.

Portal, database

The 15-point Rules also speak about setting up a portal and a database for filing the details of Waqf and registration of new Waqf. There shall be provisions for real-time monitoring of registration of new Waqf and filing the details of the Waqf, court cases and dispute resolution and resources management.

The District Collector can order an inquiry when it comes to the notice of the official that any government property has been identified or declared as a Waqf. The designated officer shall hear all persons concerned or any person having any interest in the property, including the government and mutawalli of the Waqf and ask them to submit their claims and counter-claims within a specified period. The inquiry should be completed within one year, say the draft rules.

Kerala government has sought time to file its response.

Published - June 08, 2025 07:52 pm IST