Introduction to Waqf The Waqf Act 1995 with

Introduction to Waqf (The Waqf Act, 1995 with amended Act 2013) Presentation by Shaikh Abdul Rauf ( Ex Dy. Commissioner, Nagpur) Ex. CEO, Mah. State Waqf Board

What is Waqf/Auqaf and Waqif ? n The Term Waqf denotes Detention, and signify the detention of property in the ownership of God n Total extinction of ownership of founder n Appropriation of usufruct for the objects recognized by Islamic Law as pious, religious or charitable -The Founder or Donor is called Waqif - Auqaf is a plural of waqf - Mutawalli- is a local manager of property

Legislations and Authorities History Religious Endowment Act 1863 (Wakf validating Act 1913 - for Muslims) (Hindu religious and endowment Act, 1927 - for Hindus) 1954 Wakf Act, 1954 ( Limited jurisdictions) 1995 2003 The Wakf Act, 1995 Maharashtra Wakf Rules, 2003 2013 The Waqf Amendment Act 2013 2014 Waqf properties Lease Rules 2014 State Waqf Board (Under State Govt. ) Chairman /CEO Waqf Tribunal Central Waqf Council National Waqf Development Corporation 3

Waqf Defined ( Sec- 3 r) “Waqf“ means the permanent dedication by any person of any movable or immovable property for any purpose recognized by the Muslim law as pious, religious or charitable and includes : n A Waqf by user n “grants”, including mushrut-ul-khidmat. n A waqf-alal-aulad “waqif” means any person making such dedication. n

Transfers of auqaf- banned n n Once a waqf… always a waqf- transfer not allowed Any transfer by way of sale, gift, exchange or mortgage - void ab initio except- -Commercial development -Land Acquisition with conditions n Any lease of one year or more without prior sanction of Board shall be void. No lease beyond 30 yrs

Restrictions on Land Acquisition n Consultation with Board before acquisition n Not to contravene Places of Worship ( Special Provisions) Act, 1991 Acquisition can be- only for Public Purpose Only if No alternate land is available Compensation to be at prevailing market value or suitable land in lieu of acquired property n n n

Waqf in Maharashtra n Act of 1954 ( for Marathwada region only in Maharashtra- Marathwada Waqf Board ) Act of 1995 came in force from 1. 1 1996 ( For Entire State)- other relevant Acts repealed n Survey held in 2001 n Maha. State board of waqf formed in 2002 n Head Quarter at- Aurangabad Propertiesn 23564 registered institutions n 46330 H land in State n 32121 H in Marathwada n

Authorities n BOARD ( Member’s term of office-5 years) n Chief Exe. Officer (State Govt. Officer in the rank of at least Dy. Secretary ) n Independent Judicial Tribunal headed by DJ rank judge with staff n State Govt. has supervisory Jurisdiction through Minority dev Dept. ( Earlier revenue dept) Central Govt. supervises through CWC and JPC n

BOARD- COMPOSITION (Section-14) Chairman. n ( 8 -11) Muslim Members- out Of - Elected catagory 1. Member of Parliament (one or two) 2. Member of State legislature (one or two) 3. Member of State Bar council (one or two) 4. Mutawalli - Nominated catagory- (One each from) 1. Professional Expert (Town Plan, Agri, Finance, revenue, dev etc) 2. Islamic Scholar from Shia and Sunni each 3. State Govt Officer in the rank of DS CEO- is an Ex officio Secretary n

Survey of auqaf ( Sec. 4) n State Govt. appoint Survey Commissioner/Addl commissioner or Asstt. Survey Commr of auqaf for preliminary survey n Survey Commr to make enquiries and submit report n Survey Commissioner to have powers of civil court n Second or subsequent survey if necessary, but not earlier than 10 years

Registration of Properties n Section 36 - All properties found in survey or otherwise and institutions are to be entered in register u/s 37 n Sec. 40 - New properties are to be investigated and declared as waqf n Sec. 43 - Prop. already registered under previous Acts are deemed auqaf

Illegal Alienation Sec 51 -Lease of Waqf prop. without prior sanction of Board shall be void -Any sale, gift, exchange , mortgage shall be void ab n initio n Sec 52 Board, after enquiry, will send requisition to the Collector to obtain and deliver possession - Collector to pass order and take possession -Appeal against order of collector lies to Tribunal

Encroachments Sec 54 -CEO to issue show cause, enquire and make application to Tribunal to get order of eviction -Tribunal to enquire and pass order -If encroacher fails to vacate, CEO can evict n Sec. 55 Enforcement of tribunal’s order of encroachment by local executive magistrate n

Relevant Provisions of Act Survey Of Auqaf - Sec. 4 n DM/ADM/ SDM to implement directions of Board, ( Section-28) n Alienation of waqf property, Land acquisition-S. 51 n Restoration of waqf properties ( Sec 52 ) n Removal of encroachments ( sec 54, 55) n Power to grant Lease (Sec. 56) n Waqf Tribunal ( Sec 83) n Power of State Govt ( 97, 99) n Restoration of property in Govt. occupation (104 A) n

Role Of Revenue officer n n n n Survey- Prelim or resurvey Entry of waqf properties in revenue record Restoration of wrongfully alienated properties Enforcement of orders of encroachment removal Taking care before Land Acquisition and awarding compensation Effecting exemptions in tenancy, Ceiling, rent control, Atiyat Acts Availability of land records Maintaining law and order

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