Definitions under the Waqf Act, 1995

Section 3 of the Waqf Act, 1995 contains important definitions used throughout the Act. These definitions are significant because they explain who can be a beneficiary, who is treated as a Mutawalli, what constitutes an encroacher, what is meant by Waqf property, and how authorities such as the Board, Council and Tribunal are understood.

1. Beneficiary

A beneficiary is a person or an object for whose benefit a Waqf has been created.

A Waqf may be created for:

Religious purposes
Pious purposes
Charitable purposes
Other public-utility purposes recognised by Muslim law

The beneficiary does not necessarily have to be one particular individual. The beneficiary may be a group of persons or even an object or purpose.

Example

If a person dedicates a property and directs its income towards providing food to poor people, the poor persons benefiting from that arrangement can be regarded as beneficiaries.

Similarly, if income is dedicated towards maintaining a mosque, the religious purpose itself may constitute the object for which the Waqf exists.

Key point

Beneficiary = person, group or recognised object for whose benefit the Waqf has been established.

2. Benefit

The term benefit refers to an advantage or benefit arising from a Waqf.

However, the Act specifically excludes a benefit that a Mutawalli receives merely because he holds the position of Mutawalli.

In other words, simply being the manager of a Waqf does not automatically make the Mutawalli a beneficiary.

Example

Suppose A is appointed as Mutawalli to manage a Waqf.

A may receive an amount lawfully permitted for performing his managerial duties. That payment, merely because he is Mutawalli, does not make him a beneficiary of the Waqf in the ordinary sense.

Key point

A Mutawalli’s entitlement arising solely from his managerial position is not treated as a “benefit” under this definition.

3. Board

The Board means a Waqf Board established under Section 13 of the Act.

It also includes a Common Waqf Board established under Section 106.

The Board is a statutory body responsible for the administration and supervision of Waqf matters within its jurisdiction.

Its responsibilities include areas such as:

Supervision of Waqf administration
Registration of Waqfs
Maintenance of records
Protection of Waqf properties
Supervision of Mutawallis
Financial administration
Taking measures against encroachment
Management and development of Waqf properties

Key point

Board = statutory Waqf authority responsible for administration and supervision of Waqfs.

4. Chief Executive Officer

The Chief Executive Officer (CEO) means the officer appointed under Section 23(1) of the Act.

The CEO assists in carrying out the administrative and executive functions of the Waqf Board.

The position is important because a Board requires an executive administrative mechanism for implementing its decisions and performing its statutory responsibilities.

Key point

Chief Executive Officer = officer appointed under Section 23 to perform the executive functions assigned under the Act.

5. Central Waqf Council

The Council means the Central Waqf Council established under Section 9 of the Act.

It is a central-level statutory body concerned with Waqf administration.

The Council has an advisory and coordinating role in matters concerning Waqf administration and the functioning of Waqf Boards.

Broad significance

The Council provides a national-level institutional framework for dealing with issues relating to:

Waqf administration
Development of Waqf properties
Better functioning of Boards
Policy-related matters
Coordination and advice

Key point

Council = Central Waqf Council established under Section 9.

6. Encroacher

An encroacher is a person or institution, whether public or private, that occupies Waqf property wholly or partly without lawful authority.

The definition also covers a person whose:

Tenancy has expired or been terminated;
Lease has expired or been terminated; or
Licence has expired or been terminated

by the Mutawalli or the Board.

Therefore, a person who initially entered the property lawfully may subsequently become an encroacher if the legal authority under which the person occupied the property comes to an end.

Example

Suppose a person has a lawful lease over a Waqf shop for a specified period.

After the lease expires, the person continues occupying the shop without lawful authority.

The person may then fall within the definition of an encroacher.

Key point

Encroacher = unauthorised occupant of Waqf property, including a former tenant, lessee or licensee whose legal right to occupy has ended.

7. Executive Officer

An Executive Officer means an officer appointed by the Waqf Board under Section 38(1).

The Executive Officer performs administrative functions assigned under the Act and assists in implementing the Board’s responsibilities.

This position should not be confused with the Chief Executive Officer.

Difference

Chief Executive Officer → appointed under Section 23.
Executive Officer → appointed by the Board under Section 38.

Both are administrative positions, but they operate under different statutory provisions.

8. List of Auqaf

The expression list of Auqaf refers to the official list of Waqfs published under the relevant statutory provision or contained in the register of Auqaf maintained under Section 37.

“Auqaf” is the plural form generally used for Waqf.

The list provides an official record of Waqfs within the relevant jurisdiction.

It can contain information concerning:

Waqf properties
Nature of Waqf
Management
Property details
Other prescribed information

Importance

A proper list helps authorities identify Waqf properties and facilitates their administration and protection.

Key point

List of Auqaf = officially maintained list/register containing recognised Waqfs.

9. Member

A member means a member of the Waqf Board.

The definition also includes the Chairperson.

Therefore, when the Act uses the expression “member” in the relevant context, it can include the Chairperson of the Board.

Key point

Member = member of the Waqf Board, including its Chairperson.

10. Net Annual Income

Net annual income means the net annual income of a Waqf determined according to the statutory method provided under Section 72.

The concept is important for determining the financial position of a Waqf and for applying provisions relating to financial contributions and administration.

The term should therefore not simply be understood as the total amount of money received by a Waqf.

Instead, the law provides a specific method for determining the relevant net annual income.

Key point

Net annual income = income calculated according to the statutory method prescribed under Section 72.

11. Person Interested in a Waqf

A person interested in a Waqf is a person who is entitled to receive a financial or other kind of benefit from the Waqf.

The definition is deliberately broad.

It includes persons who have certain religious rights connected with the Waqf.

Religious rights

The definition includes a person who has a right to:

Offer prayers;
Perform religious rites;
Participate in religious activities;
Participate in charitable activities

in institutions connected with the Waqf.

The provision refers to institutions such as:

Mosque
Idgah
Imambara
Dargah
Khanqah
Peerkhana
Karbala
Maqbara
Graveyard
Other religious institutions connected with the Waqf

Persons specifically included

The definition also includes:

Waqif

The person who creates the Waqf.

Descendants of Waqif

Descendants of the person who created the Waqf may be included where they have relevant rights or interests.

Mutawalli

The person managing the Waqf is also included.

Example

Suppose X creates a Waqf for the benefit of his descendants and also provides for the maintenance of a religious institution.

Persons having legally recognised rights or benefits under that Waqf may fall within the definition of persons interested in the Waqf.

Key point

Person interested = a person having a legally recognised financial, religious or other interest or benefit connected with a Waqf.

12. Prescribed

The word prescribed generally means something that has been specified through rules made under the Act.

Under this definition, except in Chapter III, prescribed means prescribed by rules made by the State Government.

This distinction is important because the Act itself may lay down the basic legal requirement while the rules provide the detailed procedure.

Example

The Act may say that a particular matter shall be dealt with in the “prescribed manner.”

The exact form, procedure, documents or requirements may then be provided in the relevant rules.

Key point

Prescribed = specified through applicable rules made under the Act.

13. Regulations

Regulations mean regulations made by the Waqf Board under the Act.

The distinction between rules and regulations is important.

Rules

Generally made by the appropriate Government under the authority given by the Act.

Regulations

Made by the Waqf Board under the authority provided by the Act.

Thus:

Act → Rules → Regulations

Each operates within the authority granted by the legislation.

14. Shia Waqf

A Shia Waqf means a Waqf that is governed by Shia Muslim law.

The classification is important because certain aspects of Waqf administration and religious practice may differ according to the applicable school of Muslim law.

The Act therefore recognises Shia Waqfs as a distinct category.

Key point

Shia Waqf = Waqf governed by Shia law.

15. Sunni Waqf

A Sunni Waqf means a Waqf governed by Sunni Muslim law.

The distinction between Sunni and Shia Waqfs is relevant to administration and the application of relevant principles of Muslim law.

Key point

Sunni Waqf = Waqf governed by Sunni law.

16. Survey Commissioner

The Survey Commissioner of Waqf is the person appointed under Section 4(1) for carrying out the statutory survey of Waqf properties.

The definition also includes:

Additional Survey Commissioners
Assistant Survey Commissioners

appointed under the relevant provision.

Importance of the Survey Commissioner

The survey process is important because the administration of Waqf requires reliable information about:

Existing Waqfs
Waqf properties
Property location
Boundaries
Nature of Waqf
Income
Other relevant particulars

The Survey Commissioner therefore plays an important role in establishing an administrative record of Waqf properties.

Key point

Survey Commissioner = statutory officer responsible for conducting or assisting with the survey of Waqfs.

17. Tribunal

The term Tribunal refers to the Waqf Tribunal constituted under Section 83(1) having jurisdiction over the relevant area.

It is a specialised statutory forum for dealing with matters assigned to it under the Waqf law.

Waqf disputes may involve questions concerning:

Waqf property
Management
Possession
Mutawalli
Encroachment
Rights and interests
Other matters falling within its statutory jurisdiction

Key point

Tribunal = specialised Waqf adjudicatory body constituted under Section 83.

18. Waqf

The definition of Waqf is one of the most important provisions in the entire Act.

Broadly, Waqf means the permanent dedication of movable or immovable property by a person for a purpose recognised by Muslim law as pious, religious or charitable.

Three important ideas are therefore present:

Permanent dedication

The dedication is intended to have a continuing character.

Property

The Waqf may concern:

Immovable property
Movable property, where legally permissible

Recognised purpose

The purpose must fall within the category recognised by Muslim law, such as:

Religious
Pious
Charitable purposes

19. Waqf by User

The definition specifically includes Waqf by user in the statutory framework reproduced in your text.

Historically, this concept concerned property that had been continuously used for a recognised religious, pious or charitable purpose.

For example, if property had been continuously used as a mosque for a substantial period, its long-standing religious use could become relevant in determining Waqf status.

However, this is an area where the 2025 amendment is crucial. The current law has modified the earlier framework relating to Waqf by user.

Therefore, for your website, you should explain the pre-2025 position separately from the current position rather than presenting the old text as the complete current law.

20. Shamlat Patti, Shamlat Deh and Jumla Malkkan

The definition also refers to certain expressions used in revenue records, including:

Shamlat Patti
Shamlat Deh
Jumla Malkkan
Other similar descriptions appearing in revenue records

These terms are connected with forms of communal or collective land descriptions found in certain land-revenue systems.

Their inclusion in the statutory definition is important because property records may use different terminology depending on the region and historical revenue system.

Key point

The law attempts to recognise certain categories of property recorded in revenue documents within the statutory concept of Waqf where the legal requirements are satisfied.

21. Grants and Mashrat-ul-Khidmat

The definition of Waqf also includes certain grants, including Mashrat-ul-Khidmat, when they are made for purposes recognised by Muslim law as:

Pious
Religious
Charitable

Such grants may be associated with services or activities connected with religious or charitable institutions.

Therefore, Waqf is not limited merely to a conventional written dedication of a building or piece of land.

22. Waqf-alal-Aulad

Waqf-alal-Aulad refers to a family-oriented Waqf in which the founder provides benefits for children or descendants.

The statutory definition recognises such a Waqf to the extent that the property is dedicated for a purpose recognised by Muslim law as:

Pious
Religious
Charitable

The definition also provides for the application of income for specified purposes when the line of succession comes to an end.

These purposes include areas such as:

Education
Development
Welfare
Other purposes recognised by Muslim law

Important point

A Waqf-alal-Aulad is therefore not simply an ordinary private family arrangement. Its legal recognition under the Act is connected with the existence of a qualifying religious, pious or charitable purpose.

23. Waqif

A Waqif is the person who creates or makes the dedication constituting a Waqf.

In simple terms:

Waqif → creates Waqf

Waqf → dedicated property

Mutawalli → manages Waqf

Beneficiary → receives benefit

Example

If A permanently dedicates a property for the maintenance of a mosque, A is the Waqif.

The property becomes the subject of the Waqf, and the person responsible for managing it may be the Mutawalli.

24. Waqf Deed

A Waqf deed is the deed or instrument through which a Waqf is created.

It may also include a valid subsequent document through which the terms of the original dedication are legally varied.

The deed can be important for determining:

Purpose of Waqf
Property dedicated
Beneficiaries
Powers and duties of Mutawalli
Conditions of management
Succession
Other terms of dedication

Current legal importance

Following the 2025 amendments, the Waqf deed has become particularly important for the creation and registration of new Waqfs.

25. Waqf Fund

The Waqf Fund means a fund constituted under Section 77(1) of the Act.

The purpose of such a fund is connected with the financial administration of Waqf.

It forms part of the statutory financial structure established for dealing with Waqf-related funds and expenses.

Key point

Waqf Fund = statutory fund established under Section 77 for purposes provided under the Act.

Survey of Auqaf under the Waqf Act, 1995 — Sections 4 to 8

The Survey of Auqaf is dealt with in Chapter II of the Waqf Act, 1995. Sections 4 to 8 create a framework for identifying Waqf properties, preparing and publishing an official list of Auqaf, resolving disputes concerning that list, and determining who bears the cost of the survey.

The provisions can be understood as a sequence:

Survey → Report → Publication of List → Dispute Resolution → Financial Responsibility

Section 4 — Preliminary Survey of Auqaf

1. Purpose of Section 4

Section 4 provides the statutory mechanism for conducting a survey of Auqaf in a State.

The basic purpose of the survey is to collect reliable information about Waqfs and their properties so that the Government and Waqf authorities can maintain an official record.

The survey is therefore an important foundation for:

Identification of Waqf properties;
Classification of Waqfs;
Recording their objects;
Determining their income;
Recording taxes and other liabilities;
Assessing management expenses; and
Preparing the official list of Auqaf.

2. Appointment of Survey Commissioner

Under Section 4(1), the State Government may appoint a Survey Commissioner of Auqaf through notification in the Official Gazette.

The State Government may also appoint:

Additional Survey Commissioners; and
Assistant Survey Commissioners,

as may be necessary for conducting the survey.

Simple meaning

The State Government can create the necessary survey machinery to identify and examine Waqf properties throughout the State.

3. Maintenance and Completion of Survey

Section 4(1A) provides for the State Government to maintain a list of Auqaf referred to in the provision.

It also contains a statutory framework for completion of the survey where the earlier survey had not been completed before the commencement of the Waqf (Amendment) Act, 2013.

Where no Survey Commissioner had been appointed, the provision required appointment within the specified period.

Important point

The purpose of this provision is to prevent the survey process from remaining incomplete indefinitely.

4. Supervision of Additional and Assistant Survey Commissioners

Under Section 4(2), all Additional and Assistant Survey Commissioners perform their functions under the:

general supervision and control of the Survey Commissioner.

Therefore, the hierarchy is:

State Government

↓

Survey Commissioner

↓

Additional / Assistant Survey Commissioners

This ensures coordination and uniformity in the survey process.

5. Report of the Survey Commissioner

After conducting the necessary inquiry, the Survey Commissioner must submit a report to the State Government regarding Auqaf existing at the relevant commencement date.

The report must contain important information about each Waqf.

6. Particulars Required in the Survey Report

A. Number of Auqaf

The report must state the number of Waqfs in the State.

It must separately identify:

Shia Auqaf, and
Sunni Auqaf.

This distinction is relevant because Waqfs may be governed by different schools of Muslim law.

B. Nature and Objects of Waqf

The report must identify the nature and objects of each Waqf.

This helps establish why the Waqf was created and the purposes for which its property or income is intended to be used.

C. Gross Income

The report must contain the gross income of the property comprising each Waqf.

This provides an important financial picture of the Waqf.

D. Land Revenue, Cesses, Rates and Taxes

The report must also record amounts payable in respect of:

Land revenue;
Cesses;
Rates; and
Taxes.

This allows authorities to understand the financial liabilities associated with Waqf properties.

E. Expenses and Mutawalli’s Remuneration

The report must mention:

Expenses incurred for realising Waqf income; and
Pay or other remuneration of the Mutawalli.

This is useful for evaluating the financial administration of the Waqf.

F. Other Prescribed Particulars

The Survey Commissioner must also include other information that may be prescribed under the applicable rules.

This allows additional information to be collected where necessary.

7. Powers of the Survey Commissioner

Section 4(4) gives the Survey Commissioner powers similar to those exercised by a civil court under the Code of Civil Procedure, 1908 for specified matters.

This is significant because a survey may require investigation and verification of disputed or incomplete information.

The Survey Commissioner may exercise powers relating to:

1. Summoning witnesses

Persons may be called to appear and provide information or give evidence.

2. Examination of witnesses

The Survey Commissioner may examine persons relevant to the inquiry.

3. Discovery and production of documents

Relevant documents can be required to be disclosed or produced.

4. Requisitioning public records

The Commissioner can obtain public records from:

Courts;
Government offices; or
Other relevant public authorities.

5. Commission for examination

A commission may be issued for examination of witnesses or accounts.

6. Local inspection or investigation

The Survey Commissioner may conduct physical inspection or local investigation of property and related matters.

7. Other prescribed matters

Additional powers may be provided by the applicable rules.

8. Shia or Sunni Classification

Section 4(5) deals with disputes regarding whether a Waqf is:

Shia Waqf, or
Sunni Waqf.

Where the Waqf deed contains clear indications concerning its nature, the dispute is to be decided on the basis of that deed.

Simple example

If a Waqf deed clearly establishes that the Waqf was created under Shia principles, that documentary indication becomes important in determining its classification.

9. Second or Subsequent Survey

Under Section 4(6), the State Government may direct the Survey Commissioner to conduct a second or subsequent survey of Waqf properties.

The provisions relating to:

Supervision;
Survey report;
Powers of inquiry; and
Shia/Sunni classification

apply to such subsequent surveys as well.

However, a second or subsequent survey is subject to the statutory restrictions provided by the Act.

The provision also contains protection against repeatedly reviewing properties that have already been notified, except where their status has changed in accordance with law.

Section 4 — Core Idea

Section 4 establishes the machinery and procedure for surveying Waqf properties and collecting detailed information about their nature, objects, income, liabilities and management.

Section 5 — Publication of List of Auqaf

1. Purpose

After the survey has been completed and the Survey Commissioner has submitted the report, Section 5 provides for the publication of the official list of Auqaf.

This converts the information collected during the survey into an official statutory record.

2. Report Sent to Waqf Board

Under Section 5(1), the State Government forwards a copy of the Survey Commissioner’s report to the concerned Waqf Board.

The Board then examines the report.

3. Board Examines the Report

The Waqf Board reviews the information contained in the survey report.

After examination, the Board forwards it back to the Government within the statutory period for publication.

The resulting list identifies:

Sunni Auqaf; and
Shia Auqaf.

It can cover Waqfs existing at the commencement of the Act as well as Waqfs coming into existence thereafter, according to the statutory framework.

4. Publication in the Official Gazette

The list is published by the State Government in the Official Gazette.

The list may contain other particulars prescribed by the applicable rules.

Importance

Publication gives the list an official legal status and provides a public record of the Waqfs identified through the statutory process.

5. Role of Revenue Authorities

Section 5(3) imposes important responsibilities upon revenue authorities.

They must:

A. Include the list in land records

When land records are updated, the published list of Auqaf must be taken into account and incorporated as required.

B. Consider the list during mutation

When deciding mutation of land records, revenue authorities must take the published list of Auqaf into consideration.

What is mutation?

Mutation generally means recording a change in the revenue records concerning ownership, possession or another legally relevant interest in property.

Thus, Section 5 connects Waqf records with the revenue-record system.

6. State Government to Maintain Records

Section 5(4) requires the State Government to maintain records of the lists published from time to time.

This creates continuity in the official record of Auqaf.

Section 5 — Core Idea

Section 5 provides the process through which the survey report is examined, converted into an official list of Auqaf and published, while also connecting the Waqf list with land and revenue records.

Section 6 — Disputes Regarding Auqaf

1. Purpose of Section 6

Section 6 deals with disputes arising after publication of the list of Auqaf.

Two major questions can arise:

Whether a particular property included in the list is actually Waqf property; or
Whether a listed Waqf is Shia or Sunni.

Section 6 provides the legal mechanism for resolving these questions.

2. Who Can Bring the Case?

The following persons may institute a case before the Waqf Tribunal:

The Waqf Board;
The Mutawalli of the Waqf; or
Any person aggrieved by the inclusion/publication.

Therefore, the provision is not restricted only to the Waqf Board.

A person whose legal interest is affected can also challenge the relevant entry.

3. Time Limit

An important limitation applies.

A case cannot ordinarily be entertained after one year from the date of publication of the list of Auqaf.

Therefore:

Limitation period = 1 year

This makes timely challenge extremely important.

4. Second or Subsequent Survey

The provision also contains a restriction concerning properties notified through a second or subsequent survey under Section 4(6).

The statutory framework does not permit a fresh challenge in the same manner to properties already notified through such later surveys, subject to the provisions of the Act.

5. Proceedings Are Not Automatically Stayed

Section 6(2) provides that proceedings under the Act concerning a Waqf are not automatically stayed merely because a suit, appeal or other proceeding concerning the dispute is pending.

Therefore, the mere existence of another proceeding does not automatically suspend the statutory process.

6. Protection of Survey Commissioner

The Survey Commissioner is not made a party to a suit under Section 6(1).

Further, legal proceedings are protected against the Survey Commissioner for anything done or intended to be done in good faith under the Act or applicable rules.

The purpose is to protect the official from unnecessary personal litigation for bona fide statutory actions.

7. Finality of the Published List

The list of Auqaf is treated as final and conclusive unless it is modified as a result of a decision of the Tribunal under Section 6(1).

Thus:

Published list

↓

No successful challenge

↓

List remains final

But:

Tribunal modifies the entry

↓

Modified position becomes operative

8. Civil Court Bar

Section 6 also provides that, from the commencement of the Act in a State, ordinary civil proceedings concerning questions covered by Section 6(1) are not to be instituted in the civil court.

The Tribunal is the specialised forum for deciding such questions within the statutory scheme.

Section 6 — Core Idea

Section 6 provides a limited period and specialised forum for challenging whether property is Waqf property or whether a Waqf is Shia or Sunni after publication of the list of Auqaf.

Section 7 — Power of Tribunal to Determine Disputes Regarding Auqaf

1. Purpose

Section 7 gives the Waqf Tribunal authority to determine specified disputes concerning the list of Auqaf.

It is closely connected with Section 6.

While Section 6 establishes the dispute mechanism, Section 7 explains the Tribunal’s jurisdiction and powers in determining such disputes.

2. Questions That the Tribunal Can Determine

The Tribunal can determine whether:

Question 1

A property identified as Waqf property in the list is actually Waqf property or not.

Question 2

A Waqf mentioned in the list is:

Shia Waqf; or
Sunni Waqf.

These are the principal disputes specifically addressed by the provision.

3. Who Can Apply?

An application can be made by:

The Waqf Board;
The Mutawalli; or
Any person aggrieved by publication of the list under Section 5.

The application must be made before the Tribunal having jurisdiction over the property.

4. Tribunal’s Decision is Final

The provision states that the Tribunal’s decision on the question is final, subject to the statutory legal framework governing challenges to Tribunal decisions.

This helps provide certainty regarding the status of the property or classification of the Waqf.

5. One-Year Limitation

For a list published after commencement of the Act, an application generally cannot be entertained after:

One year from the date of publication of the list.

This is an important examination point.

6. Earlier Lists

The Act also provides a transitional mechanism for lists published during the period immediately preceding commencement of the Act.

In such cases, the prescribed period is calculated from the commencement of the Act in accordance with the provision.

7. Matters Already Decided by Civil Court

The Tribunal cannot reopen a question where the matter had already been heard and finally decided by a civil court in a suit instituted before commencement of the Act.

This protects final judicial determinations and prevents the same dispute from being reopened merely because the Waqf Tribunal system subsequently came into operation.

8. Proceedings Are Not Automatically Stayed

Proceedings concerning a Waqf under Section 7 are not automatically stayed merely because another:

Suit;
Application;
Appeal; or
Other proceeding

is pending.

The Act therefore seeks to prevent unnecessary suspension of Waqf proceedings merely because parallel legal processes exist.

9. Chief Executive Officer Not Made a Party

Section 7(3) provides that the Chief Executive Officer is not to be made a party to an application under Section 7(1).

This keeps the dispute focused on the actual question concerning Waqf property or its classification rather than unnecessarily involving the CEO personally.

10. Finality of List

Under Section 7(4), the list of Auqaf is final.

Where the Tribunal modifies the list, the modified list becomes final within the statutory scheme.

Therefore:

Original list → Final

Tribunal modifies list → Modified list → Final

11. Limits on Tribunal’s Jurisdiction

Section 7(5) places an important limitation on Tribunal jurisdiction.

The Tribunal cannot determine a matter that was already the subject of:

A civil suit;
An appeal;
A revision; or
A review,

arising from proceedings instituted before commencement of the Act, where the matter falls within the specified statutory category.

Importance

This prevents conflict between:

Existing civil court proceedings; and
The newly created Tribunal mechanism.

12. Power Regarding Unauthorised Occupation

Section 7(6) gives the Tribunal additional powers concerning unauthorised occupation of Waqf property.

The Tribunal may:

Assess damages caused by unauthorised occupation;
Penalise unauthorised occupants according to the statutory provision; and
Recover damages as arrears of land revenue through the Collector.

This gives the Tribunal a significant role in protecting Waqf property from unlawful occupation.

13. Liability of Public Servants

Section 7(6) also contains a provision concerning a public servant who fails in his or her lawful duty to prevent or remove encroachment.

Where the statutory conditions are satisfied and the person is convicted, the punishment may include a fine up to ₹15,000 for each offence.

Important

This provision is aimed at accountability where a public servant unlawfully fails to perform the legal duty connected with preventing or removing encroachment.

Section 7 — Core Idea

Section 7 gives the Waqf Tribunal jurisdiction over specified disputes concerning the Waqf list and also provides powers relating to damages and unauthorised occupation of Waqf property.

Section 8 — State Government to Bear Cost of Survey

1. Purpose

Section 8 deals with the financial responsibility for the survey and publication process.

It provides a simple but important rule:

The State Government bears the total cost.

2. What Costs Are Covered?

The provision covers:

A. Cost of conducting the survey

This includes the expenses involved in carrying out the statutory survey of Auqaf.

B. Cost of publishing the list

It also covers the cost of publishing the list or lists of Auqaf under the Chapter.

Therefore:

Survey expenses + Publication expenses

are borne by the State Government.

3. Importance of Section 8

A comprehensive survey can involve:

Field investigation;
Verification of records;
Inspection of properties;
Preparation of reports;
Administrative expenses; and
Publication of official lists.

Section 8 ensures that these statutory costs are not placed directly upon individual Waqfs as a condition of conducting the survey.

Section 8 — Core Idea

Section 8 makes the State Government financially responsible for the total cost of conducting the survey and publishing the list or lists of Auqaf under the Chapter.

Complete Relationship Between Sections 4–8

These provisions should ideally be studied together because they create a connected process.

Step 1 — Section 4

Survey of Auqaf

The State Government appoints Survey Commissioners and a survey is conducted.

↓

Step 2 — Survey Report

Information about Waqfs, properties, income, objects and other details is collected.

↓

Step 3 — Section 5

Publication of List of Auqaf

The report is examined and the official list is published.

↓

Step 4 — Section 6

Disputes Regarding Auqaf

A person aggrieved can challenge whether property is Waqf property or whether the Waqf is Shia/Sunni, subject to the statutory limitation.

↓

Step 5 — Section 7

Tribunal Determines Disputes

The Waqf Tribunal decides the specified questions and has additional powers relating to unauthorised occupation.

↓

Step 6 — Section 8

State Government Bears Cost

The State Government bears the cost of the survey and publication.

Quick Revision Table — Sections 4 to 8

Section	Heading	Main Provision	Key Point
4	Preliminary Survey of Auqaf	Provides for survey machinery and investigation of Waqfs	Survey
4(1)	Appointment	State Government may appoint Survey Commissioner and Additional/Assistant Commissioners	Survey administration
4(3)	Survey Report	Report contains number, nature, objects, income, taxes, expenses and other particulars	Detailed Waqf information
4(4)	Inquiry Powers	Commissioner has specified civil-court-like powers	Witnesses, documents, records, inspection
4(5)	Shia/Sunni Classification	Clear Waqf deed indications are relevant to classification	Shia or Sunni
4(6)	Subsequent Survey	State Government may order another survey subject to statutory restrictions	Second/subsequent survey
5	Publication of List of Auqaf	Survey report is examined and list of Auqaf is published	Official Waqf list
5(3)	Revenue Records	Revenue authorities must take the published list into account in land records and mutation	Waqf list + land records
5(4)	Record Maintenance	State Government maintains published lists	Official record
6	Disputes Regarding Auqaf	Provides mechanism for challenging Waqf status or Shia/Sunni classification	Dispute mechanism
6(1)	Who Can Challenge	Board, Mutawalli or aggrieved person	Eligible applicants
6(1)	Limitation	Generally one year from publication	1-year limit
6(4)	Finality	List remains final unless modified by Tribunal	Finality of list
6(5)	Civil Court	Specified questions are dealt with under the Tribunal mechanism	Specialised forum
7	Tribunal’s Power	Tribunal determines specified disputes concerning the list	Tribunal jurisdiction
7(1)	Main Questions	Whether property is Waqf and whether Waqf is Shia/Sunni	Core jurisdiction
7(4)	Finality	Original or Tribunal-modified list becomes final	Final list
7(5)	Jurisdictional limitation	Certain matters already pending/decided in pre-Act civil proceedings are excluded	Protects existing proceedings
7(6)	Unauthorised Occupation	Tribunal may assess damages and deal with unauthorised occupation as provided by the Act	Protection of Waqf property
8	Cost of Survey	State Government bears total cost	Government pays

One-Line Revision of Sections 4–8

Section 4 = Survey → Section 5 = Publication → Section 6 = Disputes → Section 7 = Tribunal → Section 8 = Cost borne by State Government.

Memory Trick

“Survey – List – Challenge – Tribunal – Cost”

This sequence is useful for quickly remembering Sections 4, 5, 6, 7 and 8 of the Waqf Act, 1995.

CHAPTER III – CENTRAL WAQF COUNCIL

Section 9 of the Waqf Act, 1995 — Establishment and Constitution of the Central Waqf Council

Introduction

Section 9 of the Waqf Act, 1995 deals with the establishment, composition, functions and powers of the Central Waqf Council.

The Central Waqf Council is an important institution in the Waqf administrative framework. Its broad purpose is to advise the Central Government, State Governments and Waqf Boards on matters relating to the functioning of Waqf Boards and the proper administration of Auqaf.

The section also gives the Council a more active role by allowing it to issue directives to Waqf Boards in specified circumstances.

Establishment of the Central Waqf Council — Section 9(1)

The Central Government may establish a body called the Central Waqf Council through a notification published in the Official Gazette.

The Council is established primarily to advise:

The Central Government;
State Governments; and
Waqf Boards.

Its advice relates to:

The functioning of Waqf Boards; and
The proper administration of Auqaf.

Simple meaning

The Central Waqf Council acts as an important national-level advisory and supervisory institution within the Waqf administration system.

Power to Issue Directives — Section 9(1A)

Section 9(1A) gives the Council an additional function.

The Council may issue directives to Waqf Boards on matters and in the manner provided under Sections 9(4) and 9(5).

This means that the Council’s role is not limited to giving general advice.

In circumstances specifically covered by the Act, it can also exercise a more active supervisory function by issuing directions to the concerned Waqf Board.

Chairperson of the Council

Under Section 9(2)(a), the Union Minister in charge of Waqf is the ex-officio Chairperson of the Central Waqf Council.

Meaning of ex-officio

“Ex-officio” means that a person holds the position because of another office that he or she occupies.

Therefore, the Chairperson’s position is connected with holding the relevant Union Ministerial office.

Composition of the Central Waqf Council

Section 9 provides for representation from different fields and institutions.

The members appointed by the Central Government are to be from among Muslims, and the categories specified in the provision include the following.

A. Representatives of Muslim Organisations

Three persons are to represent Muslim organisations having:

An all-India character; and
National importance.

This provides representation to significant Muslim organisations at the national level.

B. Persons of National Eminence

The Council includes four persons of national eminence, with one person each from the following fields:

Administration or management;
Financial management;
Engineering or architecture; and
Medicine.

Importance

This provision brings professional expertise into the Council.

Waqf administration can involve:

Property management;
Financial administration;
Construction and maintenance;
Planning;
Public administration; and
Institutional management.

Therefore, representation from different professional fields can contribute specialised knowledge.

Members of Parliament

The Council also includes three Members of Parliament:

Two from the House of the People (Lok Sabha); and
One from the Council of States (Rajya Sabha).

This provides parliamentary representation in the Council.

Chairpersons of Waqf Boards

The Chairpersons of three Waqf Boards are included in the Council by rotation.

Why is rotation relevant?

Rotation allows representation from different State Waqf Boards over time rather than permanently limiting representation to the same Boards.

This can help bring different regional administrative experiences to the Central Council.

Former Judges of the Supreme Court or High Courts

The Council includes two persons who have been Judges of the Supreme Court or a High Court.

Their legal and judicial experience can be particularly useful in dealing with issues involving:

Waqf law;
Property disputes;
Legal interpretation;
Administrative law; and
Judicial decisions affecting Waqfs.

Advocate of National Eminence

The Council also includes one Advocate of national eminence.

This provides specialised legal expertise in addition to the judicial experience of former judges.

Representative of Mutawallis

One person is included to represent Mutawallis of Waqfs having a gross annual income of ₹500,000 or more.

This gives the management side of Waqf administration a place in the Council.

The representation is significant because Mutawallis are directly involved in the day-to-day management and administration of Waqf properties.

Eminent Scholars in Muslim Law

The Council also includes three eminent scholars in Muslim Law.

Their expertise is relevant because Waqf is based upon principles of Muslim law as well as the statutory framework created by legislation.

Their presence can contribute to understanding:

Waqf principles;
Religious and charitable purposes;
Waqf deeds;
Muslim personal law principles; and
Traditional legal concepts relating to Auqaf.

Representation of Women

Section 9 contains an important representation requirement.

At least two members appointed under the specified categories must be women.

This ensures that women have a minimum level of representation within the Central Waqf Council.

Term of Office and Casual Vacancies — Section 9(3)

Section 9(3) does not itself prescribe all the detailed rules concerning the Council’s functioning.

Instead, it provides that the following matters shall be governed by rules made by the Central Government:

Term of office

The rules determine the period for which members hold office.

Procedure

The rules determine the procedure to be followed by members while carrying out the functions of the Council.

Casual vacancies

The rules also provide for filling vacancies that arise unexpectedly during the term of a member.

Thus, Section 9(3) delegates these procedural matters to the Central Government’s rules.

Information to be Furnished to the Central Waqf Council — Section 9(4)

Section 9(4) gives the Council an important information-gathering and supervisory role.

The State Government or the concerned Waqf Board must provide information to the Council regarding the performance of Waqf Boards in the State.

The information particularly concerns areas such as:

Financial performance;
Survey of Waqf properties;
Maintenance of Waqf deeds;
Revenue records;
Encroachment of Waqf properties;
Annual reports; and
Audit reports.

The information must be provided in the manner and within the time specified by the Council.

Why Financial Performance is Important

Waqf properties can generate income that is intended to be used for the purposes for which the Waqf was created.

Therefore, information about the financial performance of Waqf Boards helps the Council assess whether financial administration is being properly carried out.

This can include matters concerning:

Revenue;
Expenditure;
Financial management;
Audit; and
Overall financial administration.

Survey Information

The Council may require information relating to the survey of Waqf properties.

This is important because proper identification and documentation of Waqf properties is fundamental to their protection and administration.

Waqf Deeds and Revenue Records

The Council may also require information about:

Waqf deeds

These are documents establishing or recording the terms of a Waqf.

Revenue records

These are official land and property records maintained by the relevant authorities.

Proper maintenance of both is important for establishing and protecting the identity and legal status of Waqf properties.

Encroachment of Waqf Properties

The Council can also seek information concerning encroachment of Waqf properties.

Encroachment can adversely affect Waqf administration because unlawful occupation may:

Reduce Waqf income;
Prevent proper use of property;
Create legal disputes; and
Cause long-term loss of Waqf assets.

Therefore, encroachment is specifically identified as an area requiring information and oversight.

Annual Reports and Audit Reports

The Council may require information regarding:

Annual reports of Waqf Boards; and
Audit reports.

These documents can help assess the administrative and financial functioning of Waqf Boards.

Suo Motu Power to Call for Information

An important aspect of Section 9(4) is that the Council may suo motu call for information on a particular issue.

Meaning of suo motu

Suo motu means on its own initiative, without waiting for a formal request from another authority or person.

The Council may exercise this power when it is satisfied that there is prima facie evidence of irregularity or violation of the Waqf Act.

Prima facie evidence

“Prima facie” means evidence that, on its face, appears sufficient to indicate that an issue may exist and requires examination.

What Happens When Irregularity is Established?

If the Council examines the matter and becomes satisfied that an irregularity or violation of the Act has actually been established, it may issue an appropriate directive to the concerned Waqf Board.

The Board is required to comply with that directive.

The concerned State Government must also be informed about the action.

Therefore, the process can be understood as:

Possible irregularity

↓

Council calls for information

↓

Council examines the matter

↓

Violation/irregularity established

↓

Council issues directive

↓

Waqf Board complies

↓

State Government is informed

Dispute Against the Council’s Directive — Section 9(5)

Section 9(5) provides a mechanism for resolving a dispute arising from a directive issued under Section 9(4).

Such a dispute is to be referred to a Board of Adjudication constituted by the Central Government.

This prevents a disagreement over the Council’s directive from remaining without a statutory resolution mechanism.

Composition of the Board of Adjudication

The Board of Adjudication is to be presided over by:

A retired Judge of the Supreme Court, or
A retired Chief Justice of a High Court.

This ensures that the adjudicatory body is headed by a person with substantial judicial experience.

Fees and Travelling Allowances

The fees, travelling expenses and other allowances payable to the Presiding Officer are to be determined by the Central Government.

Thus, the Government has the power to prescribe the financial terms applicable to the Presiding Officer.

Section 9 — Important Points for Exams

Provision	Key Point
Section 9(1)	Provides for establishment of Central Waqf Council
Purpose	Advises Central Government, State Governments and Waqf Boards
Section 9(1A)	Council can issue directives in circumstances specified by the Act
Chairperson	Union Minister in charge of Waqf, ex-officio
Muslim organisations	3 representatives
National eminence	4 professionals from specified fields
MPs	3 — 2 Lok Sabha + 1 Rajya Sabha
Waqf Board Chairpersons	3, by rotation
Former judges	2 persons who have been Supreme Court/High Court Judges
Advocate	1 Advocate of national eminence
Mutawalli representative	1 representative from specified higher-income Waqfs
Muslim Law scholars	3 eminent scholars
Women	At least 2 appointed members must be women
Section 9(3)	Rules govern term, procedure and casual vacancies
Section 9(4)	State Government/Board must furnish specified information
Suo motu power	Council can seek information where prima facie irregularity/violation exists
Directive	Council may issue appropriate directive if violation is established
Section 9(5)	Dispute regarding directive goes to Board of Adjudication
Presiding Officer	Retired Supreme Court Judge or retired High Court Chief Justice

Section 10 — Finance of Council

Contribution by Waqf Boards

Section 10(1) provides that every Waqf Board must make an annual contribution to the Central Waqf Council from its Waqf Fund.

The contribution is calculated at:

1% of the aggregate net annual income of the Auqaf

in respect of which contribution is payable under Section 72(1).

Simple meaning

The Central Waqf Council receives a statutory financial contribution from Waqf Boards.

The basic formula is:

Contribution to Central Waqf Council = 1% × applicable aggregate net annual income of Auqaf

What is Net Annual Income?

For the purpose of this provision, the expression net annual income has the meaning provided under the relevant provisions of Section 72.

Therefore, the calculation is not simply based on the gross revenue generated by all Waqf properties.

The statutory method for determining net annual income must be followed.

Connection with Section 72

Section 10 expressly connects the Council’s contribution with Section 72(1).

Section 72 deals with contributions payable by Waqfs to the Waqf Board.

Thus, there is a financial relationship between:

Waqf → Waqf Board → Central Waqf Council

The relevant statutory contribution is calculated using the net annual income determined under the Act.

Exception Where Contribution Has Been Remitted

Section 10 contains an important proviso.

Suppose, in relation to a particular Waqf, the Waqf Board has remitted the entire contribution payable under Section 72(1), in accordance with Section 72(2).

In such a situation, the net annual income of that particular Waqf will not be included while calculating the contribution payable to the Central Waqf Council.

Simple example

Suppose a particular Waqf has been granted complete remission of the contribution payable to the Board under Section 72.

When the Council’s contribution is calculated, the income of that Waqf is excluded from the calculation.

This prevents the same income from being indirectly included for the Council contribution where the statutory Board contribution itself has been completely remitted.

Central Waqf Fund — Section 10(2)

Section 10(2) provides for the creation of a fund called the:

Central Waqf Fund

The following amounts form part of this Fund:

Contributions received by the Council from Waqf Boards under Section 10(1);
Donations;
Benefactions; and
Grants.

Therefore, the Central Waqf Fund can receive money from both:

Statutory contributions; and
Other financial sources permitted by the provision.

Meaning of Donations, Benefactions and Grants

Donations

Money voluntarily given to support the Council or its activities.

Benefactions

Financial assistance or gifts provided for a beneficial or charitable purpose.

Grants

Financial assistance provided by an authorised source, such as the Government or another permitted institution.

All such amounts, when received by the Council, form part of the Central Waqf Fund.

Control of the Central Waqf Fund

Section 10(3) places the Central Waqf Fund under the control of the Central Waqf Council.

However, this control is subject to any rules made by the Central Government for this purpose.

Therefore:

Central Waqf Fund → Controlled by Council → Subject to Central Government rules

Use of the Central Waqf Fund

The Central Waqf Fund may be used for purposes that the Council considers appropriate, subject to the applicable rules.

This gives the Council financial resources to carry out its statutory responsibilities.

The Fund can therefore support the Council’s functioning and activities connected with its responsibilities under the Waqf law.

Section 11 — Accounts and Audit

Section 11 deals with financial record-keeping and audit of the Central Waqf Council.

The section is designed to ensure that the Council’s financial activities are properly recorded and independently examined.

It contains three main requirements:

Maintenance of accounts;
Annual audit; and
Payment of audit expenses from the Central Waqf Fund.

Maintenance of Books of Account — Section 11(1)

The Council must ensure that proper:

Books of account; and
Other books relating to its accounts

are maintained.

The form and manner in which these records are maintained are to be prescribed by rules made by the Central Government.

Simple meaning

The Council cannot manage its finances without proper accounting records.

Its financial transactions must be documented in the manner prescribed by the applicable rules.

Why Maintaining Accounts is Important

Proper accounting helps ensure:

Financial transparency;
Accurate recording of receipts;
Proper recording of expenditure;
Financial monitoring;
Accountability; and
Effective auditing.

Since the Council receives statutory contributions, donations, benefactions and grants, systematic accounting is particularly important.

Annual Audit — Section 11(2)

The accounts of the Central Waqf Council must be audited and examined every year.

The auditor is appointed by the Central Government.

Therefore, the financial records of the Council are subject to periodic external examination.

Purpose of Audit

The annual audit helps examine whether:

Accounts have been properly maintained;
Financial transactions have been correctly recorded;
Funds have been properly handled;
Expenditure is appropriately accounted for; and
Financial irregularities can be identified.

Audit therefore acts as an important mechanism of financial accountability.

Who Appoints the Auditor?

The Central Government appoints the auditor for the annual audit of the Council’s accounts.

This ensures that the audit is conducted by an auditor formally appointed under the statutory framework.

Cost of Audit — Section 11(3)

The cost of conducting the audit is paid from the:

Central Waqf Fund

Therefore, the Council’s dedicated Fund bears the expense associated with its statutory annual audit.

The arrangement can be summarised as:

Central Waqf Fund → Audit expenses

Difference Between Sections 10 and 11

Section 10	Section 11
Deals with finance of the Council	Deals with accounts and audit
Provides for contribution by Waqf Boards	Requires maintenance of books
Contribution is linked to applicable net annual income	Accounts must be maintained in prescribed form
Establishes the Central Waqf Fund	Provides for annual audit
Fund receives contributions, donations, benefactions and grants	Auditor is appointed by Central Government
Council controls the Fund subject to rules	Audit expenses are paid from Central Waqf Fund

Section 12 of the Waqf Act, 1995 — Power of Central Government to Make Rules

Introduction

Section 12 of the Waqf Act, 1995 deals with the rule-making power of the Central Government in relation to the provisions contained in this Chapter.

The section allows the Central Government to frame detailed rules necessary for implementing the statutory provisions concerning the Central Waqf Council, its members, the Central Waqf Fund and its accounts.

In simple words:

The Act provides the basic legal framework, while Section 12 allows the Central Government to make detailed rules for putting that framework into practice.

Power to Make Rules — Section 12(1)

Under Section 12(1), the Central Government may make rules by notification in the Official Gazette for carrying out the purposes of this Chapter.

There are three important elements here:

Central Government

The power is given specifically to the Central Government.

Notification in the Official Gazette

The rules must be formally notified through the Official Gazette.

Purpose of the Chapter

The rules must be connected with implementing the provisions of the Chapter dealing with the Central Waqf Council and related matters.

Therefore, this is a delegated legislative power: Parliament lays down the main statutory framework, while the Central Government is authorised to provide detailed procedural and administrative rules.

What Does “Carry Out the Purposes” Mean?

The expression means that the Central Government can make rules that help give practical effect to the provisions of the Act.

The Act may establish a particular requirement but leave operational details to be prescribed through rules.

For example, the Act provides for:

The term of office of Council members;
Management of the Central Waqf Fund; and
Maintenance of Council accounts.

Section 12 allows the Central Government to provide detailed rules concerning these matters.

Specific Matters for Which Rules May Be Made

Section 12(2) identifies certain matters for which rules may particularly be framed.

The provision uses the words “in particular”, meaning these are specific examples and do not necessarily exhaust the general rule-making power granted under Section 12(1).

The major areas are:

Term and functioning of Council members;
Control and application of the Central Waqf Fund; and
Form and manner of maintaining the Council’s accounts.

Rules Regarding Council Members — Section 12(2)(a)

The Central Government may make rules concerning:

The term of office of members of the Central Waqf Council;
The procedure members must follow while performing their functions; and
The method of filling casual vacancies.

A. Term of Office

The rules may determine how long a person can remain a member of the Central Waqf Council.

This provides certainty regarding:

Appointment;
Continuation of membership; and
Expiry of membership.

B. Procedure for Discharge of Functions

The rules may prescribe the procedure that Council members must follow while performing their official duties.

This can help establish an organised framework for the Council’s functioning.

For example, procedural rules can provide clarity regarding how official business is to be conducted.

C. Casual Vacancies

A casual vacancy is a vacancy that arises during the normal term of a member, rather than because the entire term has expired.

It may arise, for example, because a member:

Resigns;
Dies; or
Ceases to hold office for another legally recognised reason.

Section 12 allows rules to specify how such vacancies are to be filled.

Rules Regarding the Central Waqf Fund — Section 12(2)(b)

The Central Government may also make rules concerning:

Control over the Central Waqf Fund

and

Application of the Central Waqf Fund

This is important because Section 10 establishes the Central Waqf Fund and places it under the control of the Central Waqf Council, subject to applicable rules.

Section 12 provides the mechanism through which detailed rules concerning that control and use can be framed.

Control Over the Fund

Rules may establish the framework for how the Central Waqf Fund is to be administered.

This helps ensure that the Fund is managed systematically and in accordance with the statutory framework.

The objective is to provide financial discipline and accountability in the handling of the Fund.

Application of the Central Waqf Fund

Rules may also deal with the manner in which the Central Waqf Fund may be applied.

This is important because the Fund may contain:

Contributions received from Waqf Boards;
Donations;
Benefactions; and
Grants.

A detailed rule framework helps ensure that these financial resources are used within the legal structure governing the Council.

Rules Regarding Accounts — Section 12(2)(c)

The Central Government may make rules concerning the:

Form in which the Council’s accounts are maintained; and
Manner in which those accounts are maintained.

This is directly connected with Section 11, which requires the Central Waqf Council to maintain books of account and other financial records.

Meaning of “Form”

“Form” refers to the structure or format in which financial records are to be maintained.

For example, rules may specify the type of statements, registers or accounting records that are required.

Meaning of “Manner”

“Manner” concerns the method and procedure by which those accounts are maintained.

Thus:

Form = What the records should look like

Manner = How the records should be maintained

Rules Must Be Placed Before Parliament — Section 12(3)

Section 12 contains an important parliamentary control over delegated legislation.

Every rule made by the Central Government under this Chapter must be laid before both Houses of Parliament as soon as possible after it is made.

Therefore, Parliament is given an opportunity to examine the rules.

Both Houses of Parliament

The rule must be laid before:

Lok Sabha, and
Rajya Sabha.

This ensures that rules made by the executive under the delegated authority of Parliament remain subject to parliamentary scrutiny.

Period for Which the Rule is Laid

The provision states that the rule must remain before Parliament for a total period of thirty days.

The thirty-day period may fall:

In one session; or
In two or more successive sessions.

Therefore, the thirty days need not necessarily occur during a single uninterrupted parliamentary session.

Parliamentary Modification of the Rule

Parliament can examine the rule during this period.

If both Houses of Parliament agree to modify the rule, then the rule will subsequently operate in the modified form.

Simple meaning

The Central Government makes the rule, but Parliament retains the ability to alter its future operation through the procedure specified in Section 12(3).

Parliament Can Also Decide That the Rule Should Not Be Made

The provision also allows both Houses to agree that the rule should not have been made.

In such a situation, the rule will thereafter have no effect.

Thus, Parliament can exercise two forms of control:

Modification

The rule continues but in an altered form.

Annulment

The rule ceases to have effect.

Protection of Earlier Actions

Section 12(3) contains an important safeguard.

Even if a rule is later:

Modified; or
Annulled,

that modification or annulment does not invalidate anything that was already lawfully done under the rule before the modification or annulment took effect.

Simple example

Suppose a rule was validly in operation and an action was taken under that rule.

Later, Parliament modifies or annuls the rule.

That later modification or annulment does not automatically make the earlier action invalid.

This protects legal certainty and prevents retrospective disruption of completed actions.

Section 12 and Delegated Legislation

Section 12 is a good example of delegated legislation.

What is delegated legislation?

Delegated legislation means rules, regulations or other legal instruments made by an authority under powers granted by a primary statute.

Here:

Parliament

↓

Waqf Act, 1995

↓

Section 12 gives rule-making power

↓

Central Government makes detailed rules

↓

Rules are placed before Parliament

Thus, the Central Government can fill in administrative and procedural details, but its rule-making power comes from the Act itself.

CHAPTER IV : ESTABLISHMENT OF BOARDS AND THEIR FUNCTIONS

Section 13 – Incorporation of the Waqf Board

Introduction

Section 13 provides for the establishment (incorporation) of the State Waqf Board. A Waqf Board is a statutory body created by the State Government to supervise, regulate, protect, and administer waqf properties within the State.

The Board is not a private organization. It is a legal body established under the Waqf Act and derives all its powers from the Act itself.

Purpose of Incorporation

The incorporation of the Waqf Board serves several important objectives:

To provide an organized authority for managing waqf properties.
To prevent illegal occupation and misuse of waqf assets.
To ensure that the income from waqf is utilized according to the wishes of the waqif (founder).
To promote transparency and accountability.
To maintain proper records of waqf properties.
To protect the religious and charitable objectives of waqf.

Establishment of the Board

The State Government has the power to establish a Waqf Board through an official notification.

Normally, each State has one State Waqf Board.

However, where necessary, separate Boards may be created for:

Sunni Waqfs
Shia Waqfs

This separation is generally based on the proportion and number of Sunni and Shia waqf properties in the State.

Body Corporate

Once established, the Board becomes a Body Corporate.

Being a body corporate means:

It has a separate legal identity.
It continues to exist even if members change.
It can own property.
It can acquire movable and immovable assets.
It can enter into contracts.
It can sue other persons.
Other persons can file suits against it.
It can use an official seal.

Thus, the Board functions like an independent legal institution.

Legal Personality

The Board does not act through individual members personally.

Instead:

decisions are taken collectively,
the Board acts in its official capacity,
liabilities belong to the Board and not to individual members (unless personal misconduct is involved).

Functions after Incorporation

After incorporation, the Board becomes responsible for:

supervising all registered waqfs,
maintaining records,
safeguarding waqf properties,
preventing encroachments,
appointing executive officers where required,
conducting inspections,
issuing administrative directions,
protecting beneficiaries,
ensuring compliance with the Waqf Act.

Importance of Section 13

This section forms the legal foundation of the entire administrative system under the Waqf Act.

Without incorporation:

the Board cannot exist,
it cannot own property,
it cannot initiate legal proceedings,
it cannot regulate waqfs.

Therefore, incorporation gives legal existence to the State Waqf Board.

Key Points for Revision

State Government establishes the Waqf Board.
Board is a statutory body.
Board becomes a Body Corporate.
Separate legal identity.
Perpetual succession.
Common seal.
Can acquire property.
Can sue and be sued.
Supervises waqf administration.

Section 14 – Composition of the Waqf Board

Composition of the Waqf Board

Under Section 14(1), every State Waqf Board and the Waqf Board for the National Capital Territory of Delhi consists of various categories of members.

These members are either elected or nominated.

The Board is headed by a Chairperson.

1. Chairperson

Every Waqf Board shall have a Chairperson who serves as the head of the Board.

The Chairperson:

presides over meetings of the Board,
provides leadership,
supervises the functioning of the Board,
ensures implementation of Board decisions,
represents the Board before the Government and other authorities.

The Chairperson is not directly appointed by the Government. Under Section 14(8), the members of the Board elect one among themselves to act as the Chairperson whenever the Board is constituted or reconstituted.

2. Elected Members of the Board

Certain members are elected from specified electoral colleges.

The State Government may allow one or two members to be elected from each category, depending on the state’s needs.

The elected categories include:

(a) Muslim Members of Parliament (MPs)

Muslim Members of Parliament representing the concerned State or the National Capital Territory of Delhi form an electoral college.

They elect one or two members to the Board.

Their inclusion ensures that persons having legislative experience participate in waqf administration.

(b) Muslim Members of the State Legislature

Muslim Members of the State Legislative Assembly or Legislative Council (where applicable) also constitute a separate electoral college.

They elect representatives to the Board.

Their participation connects State-level governance with waqf administration.

(c) Muslim Members of the State Bar Council

Muslim members of the concerned State Bar Council or Union Territory Bar Council elect representatives to the Board.

The inclusion of legal professionals ensures:

proper legal advice,
better handling of litigation,
protection of waqf properties,
compliance with legal procedures.

Special Provision

If there is no Muslim member in the State Bar Council, the State Government may nominate a senior Muslim advocate from that State or Union Territory to represent this category.

This ensures that legal expertise is always available within the Board.

(d) Mutawallis

Mutawallis managing auqaf having an annual income of ₹1 lakh or more form another electoral college.

They elect their representatives to the Board.

Mutawallis possess practical experience in managing waqf properties and therefore contribute valuable administrative knowledge.

Electoral Colleges

Each category mentioned above constitutes its own separate electoral college.

This means:

MPs elect their own representatives.
MLAs/MLCs elect their own representatives.
Bar Council members elect their own representatives.
Eligible mutawallis elect their own representatives.

One category cannot vote for representatives belonging to another category.

This maintains fairness and proper representation.

Vacation of Office

If a member elected as:

a Muslim Member of Parliament, or
a Muslim Member of the State Legislature,

later ceases to hold that office, the person automatically ceases to be a member of the Waqf Board from the same date.

This ensures that representation remains current and legitimate.

3. Nominated Members

Apart from elected members, the State Government nominates certain members to provide professional and administrative expertise.

These members include:

(a) Professional Expert

The State Government nominates one Muslim person having professional experience in fields such as:

Town Planning
Business Management
Social Work
Finance
Revenue Administration
Agriculture
Development Activities

The purpose is to bring technical and managerial expertise into waqf administration.

(b) Islamic Scholars

The Government nominates:

one recognised Sunni Islamic scholar, and
one recognised Shia Islamic scholar.

These scholars advise the Board on religious matters and help ensure that decisions comply with Islamic principles relating to waqf.

(c) Government Officer

The State Government nominates one Muslim officer who is not below the rank of Joint Secretary.

The inclusion of a senior government officer improves coordination between the Government and the Board and strengthens administrative efficiency.

Persons Who Cannot Become Members

Section 14 specifically provides that:

No Minister of the Central Government or any State Government can be elected or nominated as a member of the Waqf Board.

This restriction helps prevent political interference in the administration of waqf properties.

Special Provisions for Union Territories

For Union Territories, the Central Government constitutes the Board.

The Board must consist of:

not less than five members, and
not more than seven members.

Members are appointed from the categories specified in Section 14.

Representation of Women

The Act mandates that at least two members of the Board shall be women.

This provision promotes:

gender inclusion,
wider representation,
participation of Muslim women in waqf administration.

Representation of Mutawalli

Where the system of mutawalli exists, at least one mutawalli must be included as a member of the Board.

This ensures practical experience in waqf management is always represented.

Method of Election

Members falling under the elected categories are elected through the system of:

Proportional Representation by Single Transferable Vote (STV)

This method ensures:

fair representation,
minority participation,
democratic election,
proportional distribution of seats.

The detailed procedure is prescribed by the Rules framed under the Act.

Special Situations in Election

Only One Eligible Muslim Member

If there is only one Muslim Member in:

Parliament,
State Legislature, or
State Bar Council,

that person is automatically declared elected without conducting an election.

No Muslim Member Exists

If no Muslim member exists in any of these categories, the electoral college shall consist of former Muslim Members of Parliament, Legislature, or the Bar Council, as the case may be.

This ensures that the electoral process can still take place.

When Elections Cannot Be Held

Sometimes it may not be reasonably practicable to constitute an electoral college.

In such cases, the State Government may, after recording reasons in writing, nominate suitable persons as members.

This power is exceptional and can only be exercised when elections are genuinely impracticable.

Majority of Elected Members

As a general rule, the number of elected members must always exceed the number of nominated members.

This reflects the democratic character of the Board and limits excessive governmental control.

The only exception is where elections cannot be conducted under Section 14(3).

Representation of Sunni and Shia Communities

While determining the composition of the Board, the State Government must consider:

the number of Sunni auqaf,
the number of Shia auqaf,
the value of Sunni and Shia waqf properties.

Accordingly, appointments should ensure fair representation of both communities.

This provision maintains religious balance and equitable administration.

Election of the Chairperson

Whenever a new Board is constituted or an existing Board is reconstituted:

all members meet,
they elect one among themselves,
the elected member becomes the Chairperson of the Board.

Thus, the Chairperson is chosen democratically by the Board members themselves.

Appointment through Official Gazette

After the election and nomination process is completed, all members are formally appointed by the State Government through a notification published in the Official Gazette.

Only after such notification does the composition of the Board become legally effective.

Section 14 – Composition of the Waqf Board (Quick Revision Summary)

Category	Selection Method	Key Purpose
Chairperson	Elected by Board members from among themselves	Heads the Board and presides over meetings
Muslim Members of Parliament (MPs)	Elected	National legislative representation
Muslim Members of State Legislature (MLAs/MLCs)	Elected	State legislative representation
Muslim Bar Council Members	Elected	Provides legal expertise
Senior Muslim Advocate (if no Muslim Bar Council member exists)	Nominated	Alternative legal representation
Mutawallis (Annual waqf income ₹1 lakh or more)	Elected	Practical waqf management experience
Professional Expert	Nominated	Expertise in planning, management, finance, revenue, agriculture, social work, etc.
Sunni Islamic Scholar	Nominated	Religious guidance on Sunni theology
Shia Islamic Scholar	Nominated	Religious guidance on Shia theology
Government Officer (Not below Joint Secretary)	Nominated	Administrative coordination

Important Points for Revision

Topic	Revision Point
Election Method	Proportional Representation by Single Transferable Vote (STV)
Separate Electoral Colleges	MPs, MLAs, Bar Council Members, and Mutawallis elect their own representatives
Single Eligible Member	Automatically declared elected
No Muslim Member Available	Former Muslim MPs/MLAs/Bar Council members form the electoral college
Election Not Possible	State Government may nominate members after recording reasons in writing
Majority Rule	Elected members must outnumber nominated members (except Section 14(3))
Women Representation	At least 2 women members
Mutawalli Representation	At least 1 Mutawalli, where the system exists
Sunni–Shia Representation	Based on the number and value of Sunni and Shia auqaf
Ministers	Central/State Ministers are not eligible to be Board members
Appointment	Members are appointed by notification in the Official Gazette

Section 15 – Term of Office

Section 15 of the Waqf Act provides that every member of the Waqf Board holds office for a term of five years. The five-year tenure begins from the date on which the appointment of the Board members is notified in the Official Gazette under Section 14(9).

A fixed term ensures continuity, stability, and effective administration of the Board. After the expiry of the five-year period, a member ceases to hold office unless reappointed or otherwise permitted under the provisions of the Act.

Quick Revision

Section: 15
Subject: Term of Office
Tenure: Five years
Commencement: From the date of notification in the Official Gazette under Section 14(9)
Purpose: Ensures continuity, stability, and efficient functioning of the Waqf Board.

Section 16 – Disqualification for Being Appointed or Continuing as a Member of the Board

Section 16 of the Waqf Act specifies the circumstances in which a person cannot be appointed as, or continue to serve as, a member of the Waqf Board. The purpose of this provision is to ensure that only eligible, honest, and competent persons are entrusted with the administration of waqf properties.

A person is disqualified if he or she:

Is not a Muslim or is below 21 years of age.
Has been declared to be of unsound mind.
Is an undischarged insolvent.
Has been convicted of an offence involving moral turpitude, unless the conviction has been reversed or a full pardon has been granted.
Has been found guilty of encroaching upon any waqf property.
Has previously been removed as a member of the Board or as a mutawalli.
Has been removed by a competent court or tribunal from a position of trust on grounds of mismanagement or corruption.

Section 18 – Committees of the Board

Section 18 empowers the Waqf Board to establish committees whenever it considers necessary for the effective supervision and administration of auqaf (waqf properties). Committees may be formed for general purposes, specific functions, or particular geographical areas, depending on the administrative needs of the Board.

The Board determines the constitution, functions, duties, and tenure of these committees from time to time. The Act also clarifies that members of these committees are not required to be members of the Waqf Board, allowing the Board to include experts or other suitable persons whenever necessary.

Section 19 – Resignation of Chairperson and Members

Section 19 provides the procedure for the resignation of the Chairperson or any other member of the Waqf Board. A resignation must be submitted in writing to the State Government.

However, to ensure continuity in the functioning of the Board, the Chairperson or member continues to hold office until the appointment of the successor is notified in the Official Gazette.

Section 20 – Removal of Chairperson and Member

Section 20 empowers the State Government to remove the Chairperson or any member of the Waqf Board by issuing a notification in the Official Gazette if any of the prescribed grounds are satisfied. This provision ensures accountability and protects the proper administration of waqf properties.

A Chairperson or member may be removed if he or she:

Becomes disqualified under Section 16 of the Waqf Act.
Refuses to perform duties, is incapable of acting, or acts in a manner prejudicial to the interests of the auqaf, after being given an opportunity to explain.
Fails to attend three consecutive meetings of the Board without sufficient cause, if the Board is of the opinion that such absence is unjustified.

Where the Chairperson is removed, he or she automatically ceases to be a member of the Waqf Board.

Section 20A – Removal of Chairperson by Vote of No Confidence

Introduction

Section 20A provides a democratic mechanism for removing the Chairperson of the Waqf Board through a vote of no confidence. This provision is in addition to the power of removal available to the State Government under Section 20.

Purpose

To ensure the accountability of the Chairperson.
To provide a democratic method for removal.
To maintain confidence of the Board members in the Chairperson.

Conditions for Moving a No-Confidence Motion

The motion can be moved only after 12 months from the date of election of the Chairperson.
Prior permission of the State Government is mandatory.

Notice of No-Confidence Motion

The notice must clearly mention the grounds for the motion.
It must be signed by at least half of the total members of the Board.
The notice must be personally submitted to the State Government by at least three members, along with an affidavit confirming the genuineness of the signatures.

Meeting for No-Confidence Motion

The State Government fixes the date, time, and place of the meeting.
A minimum of 15 days’ notice must be given to all members.

Presiding Officer

The meeting is presided over by a Gazetted Officer nominated by the State Government.
The officer must not belong to the department responsible for supervising the Waqf Board.

Quorum

The meeting requires the presence of at least one-half of the total members of the Board.

Voting Requirement

The motion is passed by a simple majority of the members present and voting.

Election of New Chairperson

If the motion is passed, the Chairperson immediately vacates office.
A new Chairperson is elected in the same meeting.
The election is held by secret ballot from among the elected members of the Board.
If votes are equal, the result is decided by drawing lots.

Tenure of the New Chairperson

The newly elected Chairperson serves only for the remaining term of the removed Chairperson.

Failure of the Motion

If the motion fails due to lack of quorum or majority, no fresh no-confidence motion can be moved for six months.

Section 21 – Filling of a Vacancy

Introduction

Section 21 provides the procedure for filling a vacancy in the Waqf Board when the office of a member becomes vacant before the expiry of the term.

Filling of Vacancy

A vacancy may arise due to:

Removal
Resignation
Death
Any other reason

In such cases, a new member is appointed to fill the vacant seat.

Term of the New Member

The newly appointed member does not get a fresh five-year term. Instead, he or she serves only for the unexpired portion of the term of the member whose vacancy has been filled.

Quick Revision

Section: 21
Subject: Filling of Vacancy
Vacancy arises due to: Removal, resignation, death, or any other reason.
New Member: Appointed to fill the vacancy.
Tenure: Serves only for the remaining term of the previous member.

Section 22 – Vacancies Not to Invalidate Proceedings of the Board

Introduction

Section 22 ensures that the functioning of the Waqf Board is not affected merely because of vacancies or defects in its constitution.

Validity of Proceedings

Any act, decision, or proceeding of the Board remains valid even if:

There is a vacancy among the members, or
There is any defect in the constitution of the Board.

This provision prevents unnecessary delays in the administration of waqf properties.

Purpose

Ensures continuity in the Board’s functioning.
Prevents administrative paralysis due to vacancies.
Protects the validity of decisions taken by the Board.

Section 23 – Appointment of Chief Executive Officer (CEO), Term of Office and Service Conditions

Introduction

Section 23 provides for the appointment of the Chief Executive Officer (CEO) of the Waqf Board, who serves as the principal executive officer responsible for implementing the Board’s decisions and managing its day-to-day administration.

Appointment of the CEO

The CEO shall be a full-time Muslim officer.
He or she is appointed by the State Government through a notification in the Official Gazette.
The appointment is made from a panel of two names recommended by the Board.
The officer must not be below the rank of Deputy Secretary to the State Government.
If a Muslim officer of that rank is unavailable, a Muslim officer of an equivalent rank may be appointed on deputation.

Term of Office and Service Conditions

The tenure and other service conditions of the Chief Executive Officer are prescribed by the rules made under the Act.

Position of the CEO

The CEO acts as the ex officio Secretary of the Waqf Board.
The CEO functions under the administrative control of the Board.

Section 25 – Duties and Powers of the Chief Executive Officer

Introduction

Section 25 defines the duties and powers of the Chief Executive Officer (CEO) of the Waqf Board. The CEO performs functions in accordance with the Waqf Act, the rules made under it, and the directions issued by the Waqf Board. The primary responsibility of the CEO is to ensure the proper administration, supervision, and protection of waqf properties.

Investigation of Waqf Properties

The CEO is responsible for investigating the nature and extent of auqaf and waqf properties. The CEO may also prepare or call for an inventory of waqf properties whenever necessary to maintain accurate records.

Collection of Information

The CEO has the authority to call for accounts, returns, and other relevant information from mutawallis to ensure transparency and proper management of waqf properties.

Inspection of Waqf Properties

The CEO may inspect or arrange the inspection of waqf properties, including their accounts, records, deeds, and other related documents, to verify proper administration and compliance with the law.

Supervision and Administration

The CEO performs all necessary acts for the control, maintenance, supervision, and efficient administration of auqaf, ensuring that waqf properties are managed in accordance with the objectives of the Act.

Compliance with Waqf Deed and Muslim Law

While exercising its powers, the Waqf Board must act in accordance with the provisions of the waqf deed, the purpose of the waqf, and the recognised customs and principles of the relevant school of Muslim law applicable to that waqf.

Additional Powers and Duties

Apart from the specific functions mentioned in the Act, the CEO also exercises such other powers and performs such duties as may be assigned or delegated under the Waqf Act or by the Waqf Board.

Section 26 – Powers of the Chief Executive Officer in Respect of Orders or Resolutions of the Board

Introduction

Section 26 empowers the Chief Executive Officer (CEO) to review the orders or resolutions passed by the Waqf Board before they are implemented. This provision acts as a safeguard to ensure that the Board’s decisions are lawful, reasonable, and in the best interests of the waqf and the public.

Grounds for Raising Objections

The CEO may object to an order or resolution of the Board if it:

Is not passed in accordance with law.
Exceeds or abuses the powers conferred on the Board under the Waqf Act or any other law.
May cause financial loss to the Board, a particular waqf, or auqaf generally.
May lead to a riot or breach of peace.
May endanger human life, health, or public safety.
Is not beneficial to the Board, any waqf, or auqaf generally.

Reconsideration by the Board

Before implementing the order or resolution, the CEO may place the matter before the Board for reconsideration. This gives the Board an opportunity to review its earlier decision.

Reference to the State Government

If, after reconsideration, the Board does not confirm the order or resolution by a majority of the members present and voting, the CEO may refer the matter to the State Government, along with his objections.

Final Decision

The decision of the State Government is final and binding on the matter referred by the CEO.

Purpose of the Provision

The objective of Section 26 is to:

Ensure legality in the Board’s decisions.
Prevent misuse or abuse of powers.
Protect waqf properties from financial loss.
Safeguard public peace, health, and safety.
Promote transparent and accountable administration.

Section 27 – Delegation of Powers by the Board

Introduction

Section 27 empowers the Waqf Board to delegate certain powers and duties to its officials for the efficient administration of waqf affairs. Delegation helps in ensuring quicker decision-making and smooth functioning of the Board.

Delegation of Powers

The Board may, by a general or special order in writing, delegate its powers and duties to:

The Chairperson
Any other member of the Board
The Chief Executive Officer (CEO)
Any officer or servant of the Board
Any Area Committee

The delegation may be made subject to such conditions and limitations as the Board considers appropriate.

Powers That Cannot Be Delegated

The Board cannot delegate the powers and functions specifically mentioned under:

Section 32(2)(c):Power to maintain and supervise all waqf properties—this is a core responsibility that only the Waqf Board can exercise.
Section 32(2)(d):Power to settle schemes for the proper administration of waqf—this policy-making function must remain with the Board
. Section 32(2)(g):Power to appoint or remove mutawallis in cases permitted by the Act—this important administrative decision cannot be delegated.
Section 32(2)(j):Power to institute, defend, or compromise legal proceedings relating to waqf—the Board alone decides significant legal matters.
Section 110:Power to make regulations for the functioning of the Board—only the Waqf Board has the authority to frame its own regulations.

These powers remain exclusively with the Waqf Board.

Purpose

The objective of Section 27 is to:

Improve administrative efficiency.
Ensure timely execution of functions.
Distribute responsibilities among Board officials.
Maintain effective governance while retaining important powers with the Board.

Section 28 – Power of District Magistrate, Additional District Magistrate or Sub-Divisional Magistrate to Implement the Directions of the Board

Introduction

Section 28 assigns responsibility to the District Magistrate (DM) and other designated executive officers to ensure the implementation of the decisions of the Waqf Board.

Responsibility for Implementation

The District Magistrate (DM) is primarily responsible for implementing the decisions of the Waqf Board communicated through the Chief Executive Officer (CEO).

In the absence of the District Magistrate, this responsibility may be performed by:

Additional District Magistrate (ADM), or
Sub-Divisional Magistrate (SDM).

Communication of Board Decisions

The decisions of the Waqf Board are communicated to the district administration through the Chief Executive Officer (CEO) for implementation.

Power to Seek Assistance from the Tribunal

Where necessary, the Waqf Board may approach the Waqf Tribunal and seek appropriate directions for the effective implementation of its decisions.

Purpose

The objective of Section 28 is to:

Ensure effective enforcement of the Board’s decisions.
Promote coordination between the Waqf Board and district administration.
Strengthen the implementation mechanism under the Waqf Act.
Provide legal support through the Tribunal whenever required.

Section 29 – Powers of the Chief Executive Officer to Inspect Records, Registers, etc.

Introduction

Section 29 empowers the Chief Executive Officer (CEO) of the Waqf Board to inspect records, registers, and other documents relating to waqf properties. This provision ensures transparency, proper record verification, and effective administration of waqf properties.

Power to Inspect Records

The Chief Executive Officer or any officer authorised by the CEO may, subject to the prescribed conditions, inspect records, registers, and other documents relating to waqf properties in any public office during reasonable working hours.

Production of Documents

The Mutawalli or any person having custody of documents relating to waqf properties is required to produce such documents before the Chief Executive Officer within the prescribed time whenever called upon to do so in writing.

Supply of Records by Government Agencies

Any Government agency or other organisation must provide copies of records, property registers, or other documents relating to waqf properties to the Chief Executive Officer within ten working days of receiving a written request, subject to the prescribed conditions.

Approval of the Board

Before exercising the powers relating to calling for documents or obtaining records from Government agencies, the Chief Executive Officer must obtain the approval of the Waqf Board.

Purpose

The objective of Section 29 is to:

Ensure proper verification of waqf records.
Improve transparency in waqf administration.
Facilitate effective supervision of waqf properties.
Prevent disputes regarding waqf ownership and management.

Section 30 – Inspection of Records

Introduction

Section 30 regulates the inspection of records maintained by the Waqf Board and provides the procedure for obtaining certified copies of such records.

Inspection of Records

The Waqf Board may permit any person to inspect its proceedings and other records in its custody, subject to the payment of prescribed fees and compliance with the prescribed conditions.

Certified Copies of Records

The Board may issue certified copies of its proceedings and records. These copies are authenticated by the Chief Executive Officer (CEO) in accordance with Section 76 of the Indian Evidence Act, 1872.

Delegation of Certification Power

The Board may authorise any other officer or officers to certify copies of records on behalf of the Chief Executive Officer.

Purpose

The objective of Section 30 is to:

Promote transparency in the functioning of the Board.
Facilitate public access to official records.
Ensure the authenticity of certified copies.
Maintain proper record management.

Section 31 – Prevention of Disqualification for Membership of Parliament

Introduction

Section 31 clarifies that holding the office of Chairperson or Member of the Waqf Board does not disqualify a person from being elected as or continuing as a Member of Parliament or a Member of a State Legislature, wherever such exemption is recognised by law.

No Disqualification

The office of the Chairperson or Member of the Waqf Board is not treated as an office that causes disqualification for membership of:

Parliament,
Union Territory Legislature, or
State Legislature (where permitted by the applicable law).

Purpose

The objective of Section 31 is to:

Prevent unnecessary disqualification of public representatives.
Enable eligible persons to serve both as Board members and legislators, subject to the applicable law.
Ensure continuity in the administration of waqf affairs.

Section 32 – Powers and Functions of the Waqf Board

Introduction

Section 32 is one of the most important provisions of the Waqf Act. It vests the general superintendence, control, and administration of all auqaf in the State in the Waqf Board. The Board must ensure that every waqf is properly managed and that its income is used only for the purposes for which it was created.

General Superintendence of Auqaf

The Waqf Board has overall responsibility for the maintenance, control, supervision, and administration of all auqaf in the State. While exercising its powers, the Board must act in accordance with the waqf deed, the intention of the waqif, and the applicable principles of Muslim law.

Maintenance of Waqf Records

The Board maintains a complete record of every waqf, including its origin, income, objectives, and beneficiaries.

Proper Utilisation of Waqf Income

The Board ensures that the income and properties of every waqf are used only for the purposes for which the waqf was created.

Directions for Administration

The Board may issue directions for the proper administration and management of waqf properties.

Settlement of Management Schemes

The Board may frame or settle management schemes for any waqf after giving the affected parties an opportunity of being heard.

Utilisation of Surplus Income

The Board may direct the proper utilisation of surplus income of a waqf or decide the use of income where the original object has ceased to exist or is uncertain, while respecting the objectives of the waqf.

Approval of Budgets and Audit

The Board scrutinises and approves budgets submitted by mutawallis and arranges for the audit of waqf accounts.

Appointment and Removal of Mutawallis

The Board has the power to appoint or remove mutawallis in accordance with the provisions of the Waqf Act.

Recovery of Waqf Properties

The Board may take appropriate measures to recover lost, encroached, or unlawfully occupied waqf properties.

Legal Proceedings

The Board may institute, defend, or participate in legal proceedings relating to waqf properties.

Sanction of Lease

The Board may approve the lease of immovable waqf property in accordance with the Act and the Rules. Such approval requires a two-thirds majority of the members present and voting.

Administration of the Waqf Fund

The Board is responsible for the management and administration of the Waqf Fund.

Calling for Information

The Board may require returns, accounts, statistics, reports, and other information from mutawallis regarding waqf properties.

Inspection of Waqf Properties

The Board may inspect or cause the inspection of waqf properties, records, accounts, deeds, and other related documents.

Survey and Investigation

The Board may investigate the nature and extent of waqf properties and conduct surveys whenever necessary.

Determination of Market Rent

The Board may determine or cause the determination of the market rent of waqf land or buildings.

General Administrative Powers

The Board may perform all acts necessary for the proper control, maintenance, development, and administration of auqaf.

Right to Challenge Board’s Decision

Any person affected by a management scheme or direction issued by the Board may file an application before the Waqf Tribunal, whose decision is final.

Development of Waqf Property

If a waqf property has the potential for development, the Board may ask the mutawalli to undertake the development work. If the mutawalli is unwilling or unable to do so, the Board may take over the property, carry out the development, recover its expenses from the income of the property, and thereafter return the developed property to the mutawalli.

Purpose

The objective of Section 32 is to:

Ensure effective administration of auqaf.
Protect waqf properties from misuse and encroachment.
Ensure proper utilisation of waqf income.
Promote transparency and accountability.
Facilitate development and better management of waqf assets.

Section 33 – Powers of Inspection by the Chief Executive Officer or Authorised Persons

Introduction

Section 33 empowers the Chief Executive Officer (CEO) or any person authorised by him in writing, with the prior approval of the Waqf Board, to inspect waqf properties and records to ensure proper management and to detect any loss caused by the negligence or misconduct of a mutawalli.

Power of Inspection

The CEO or an authorised person may inspect:

Movable and immovable waqf properties.
Records, accounts, correspondence, plans, deeds, and other documents relating to the waqf.

The inspection is conducted to determine whether any loss or damage has been caused due to the failure or negligence of the mutawalli.

Duty to Cooperate

During the inspection, the mutawalli, officers, employees, and all persons connected with the administration of the waqf must:

Provide all necessary assistance.
Produce records and documents when required.
Make movable waqf property available for inspection.
Furnish any information relating to the waqf.

Recovery for Mismanagement

If the inspection reveals that the mutawalli or any other person has:

Misappropriated or misused waqf funds or property,
Fraudulently retained waqf assets, or
Incurred irregular, unauthorised, or improper expenditure,

the CEO may, after giving an opportunity to be heard, order the person concerned to:

Repay the amount determined, and
Restore the waqf property within the specified time.

Right to Appeal

A person aggrieved by the CEO’s order may appeal to the Waqf Tribunal within 30 days of receiving the order.

However, the appeal is maintainable only after depositing the amount determined by the CEO. The Tribunal cannot stay the operation of the CEO’s order during the pendency of the appeal.

Powers of the Tribunal

After considering the evidence, the Tribunal may:

Confirm the CEO’s order.
Modify the order.
Reverse the order.
Remit the whole or part of the amount.
Pass appropriate orders regarding costs.

Finality of Tribunal’s Decision

The decision of the Waqf Tribunal is final and binding on the parties.

Purpose

The objective of Section 33 is to:

Prevent misuse of waqf funds and properties.
Ensure accountability of mutawallis.
Protect waqf assets from financial loss and mismanagement.
Provide an effective mechanism for recovery of losses.

Section 34 – Recovery of the Amount Determined under Section 33 (Short Notes)

Introduction

Section 34 provides the procedure for recovering money or restoring waqf property when a mutawalli or any other person fails to comply with an order passed under Section 33.

Recovery of Amount or Property

If a person fails to pay the determined amount or restore the waqf property within the prescribed time, the Chief Executive Officer (CEO), with the prior approval of the Waqf Board, may initiate recovery proceedings.

Role of the Collector

The CEO may issue a recovery certificate to the District Collector, specifying the amount payable by the defaulting person. The Collector shall recover the amount as an arrear of land revenue.

Credit to the Waqf Fund

After recovery, the Collector transfers the amount to the Chief Executive Officer, who credits it to the funds of the concerned waqf.

Purpose

The objective of Section 34 is to:

Ensure enforcement of recovery orders.
Protect the financial interests of waqf properties.
Provide an effective mechanism for recovering losses caused to a waqf.

Quick Revision

Section: 34
Subject: Recovery of Amount Determined under Section 33.
CEO acts with the prior approval of the Board.
Recovery certificate is sent to the District Collector.
Collector recovers the amount as arrears of land revenue.
Recovered amount is credited to the concerned waqf fund.
Purpose: To enforce recovery orders and safeguard waqf assets.

Section 35 – Conditional Attachment by the Tribunal

Introduction

Section 35 empowers the Waqf Tribunal to order the conditional attachment of property when there is a risk that a defaulting person may dispose of or remove property to avoid compliance with a recovery order.

Grounds for Conditional Attachment

The Chief Executive Officer may apply to the Tribunal if he believes that the mutawalli or any other person intends to:

Dispose of the whole or part of the property, or
Remove the property from the jurisdiction to defeat or delay recovery.

Such an application requires the prior approval of the Waqf Board.

Application Before the Tribunal

The CEO must specify:

The property proposed to be attached.
Its estimated value.

Security or Show Cause

The Tribunal may direct the person concerned to:

Furnish adequate security,
Produce the property when required, or
Appear and show cause why such security should not be furnished.

Order of Conditional Attachment

If necessary, the Tribunal may order the conditional attachment of the whole or part of the property to secure recovery.

Procedure for Attachment

The attachment must be carried out in accordance with the provisions of the Code of Civil Procedure, 1908, as applicable to attachment orders.

Purpose

The objective of Section 35 is to:

Prevent disposal or concealment of property.
Secure recovery of waqf funds.
Protect the interests of the waqf during recovery proceedings.

FAQs on Chapter IV – Establishment of Boards and Their Functions

1. What is the purpose of Chapter IV of the Waqf Act?

Answer:
Chapter IV provides the legal framework for the establishment, composition, powers, functions, and administration of the State Waqf Board. It also lays down provisions relating to the appointment of the Chief Executive Officer (CEO), Board meetings, committees, inspections, recovery of waqf property, and the overall management of waqf affairs.

2. How is the State Waqf Board constituted?

Answer:
The State Waqf Board is constituted under Section 13 by the State Government. It is a statutory body responsible for the supervision, protection, and administration of all waqf properties within the State.

3. Who are the members of the Waqf Board?

Answer:
Under Section 14, the Board consists of a Chairperson, elected representatives (such as Muslim MPs, MLAs, Bar Council members, and Mutawallis), nominated professionals, Islamic scholars, and a senior government officer. The composition ensures representation from different sectors of the Muslim community.

4. What is the term of office of a Waqf Board member?

Answer:
According to Section 15, every member of the Waqf Board holds office for five years from the date of publication of the notification constituting the Board, unless the office becomes vacant earlier.

5. Who is disqualified from becoming a member of the Waqf Board?

Answer:
Under Section 16, a person is disqualified if he or she is of unsound mind, an undischarged insolvent, convicted of an offence involving moral turpitude, guilty of encroaching on waqf property, or previously removed from a position of trust due to corruption or mismanagement. The Act also prescribes minimum eligibility conditions.

6. Can the Chairperson of the Waqf Board be removed?

Answer:
Yes. Under Sections 20 and 20A, the Chairperson may be removed by the State Government on specified grounds or through a vote of no confidence, following the procedure prescribed under the Act.

7. What happens if a vacancy arises in the Waqf Board?

Answer:
Under Section 21, a new member is appointed to fill the vacancy. The newly appointed member serves only for the remaining term of the member whose office became vacant.

8. Do vacancies affect the validity of the Board’s decisions?

Answer:
No. Section 22 provides that any vacancy or defect in the constitution of the Board does not invalidate its proceedings or decisions.

9. Who appoints the Chief Executive Officer (CEO) of the Waqf Board?

Answer:
Under Section 23, the State Government appoints a full-time Muslim Chief Executive Officer from a panel of names recommended by the Waqf Board.

10. What are the main duties of the Chief Executive Officer?

Answer:
As provided under Section 25, the CEO supervises waqf properties, inspects records, collects information from mutawallis, maintains inventories, and ensures the proper administration and protection of waqf properties.

11. Can the Chief Executive Officer object to the Board’s decisions?

Answer:
Yes. Under Section 26, the CEO may refer any unlawful, excessive, or harmful order or resolution of the Board for reconsideration and, if necessary, refer the matter to the State Government, whose decision is final.

12. Can the Waqf Board delegate its powers?

Answer:
Yes. Under Section 27, the Board may delegate certain powers to the Chairperson, CEO, officers, or Area Committees. However, important statutory powers specified under the Act cannot be delegated.

13. What role does the District Magistrate play in implementing the Board’s decisions?

Answer:
According to Section 28, the District Magistrate, or in his absence the Additional District Magistrate (ADM) or Sub-Divisional Magistrate (SDM), is responsible for implementing the directions of the Waqf Board communicated through the CEO.

14. Does the Chief Executive Officer have the power to inspect waqf records?

Answer:
Yes. Under Sections 29 and 33, the CEO or an authorised officer may inspect waqf properties, accounts, registers, deeds, and other records to verify proper management and detect any irregularities.

15. Can the public inspect records maintained by the Waqf Board?

Answer:
Yes. Under Section 30, the Board may permit inspection of its records and issue certified copies upon payment of the prescribed fee and subject to prescribed conditions.

16. What are the principal functions of the Waqf Board?

Answer:
Under Section 32, the Board maintains waqf records, supervises waqf properties, approves budgets, appoints and removes mutawallis, recovers encroached properties, administers the Waqf Fund, sanctions leases, conducts inspections, and ensures that waqf income is used for its lawful purposes.

17. What happens if a mutawalli misuses waqf property or funds?

Answer:
Under Section 33, after inspection and giving an opportunity of hearing, the CEO may order the recovery of the misappropriated amount or restoration of waqf property. The affected person may appeal to the Waqf Tribunal.

18. How are recovery orders enforced under the Waqf Act?

Answer:
Under Section 34, if the person fails to comply with the recovery order, the District Collector recovers the amount as arrears of land revenue, and the recovered amount is credited to the concerned waqf.

19. What is conditional attachment under the Waqf Act?

Answer:
Under Section 35, the Waqf Tribunal may order the conditional attachment of property if there is a likelihood that the defaulting person may dispose of or remove the property to avoid recovery proceedings.

20. Which authority has the overall responsibility for the administration of waqf properties?

Answer:
The State Waqf Board has the overall responsibility for the superintendence, control, protection, development, and administration of all waqf properties within the State, while the Chief Executive Officer manages their day-to-day administration in accordance with the provisions of the Waqf Act.