Write a short note on the Administration and Statutory control of Wakf.

Question: Write a short note on the Administration and Statutory control of Wakf. [BJS 1986]

Find the question and answer of Muslim Law only on Legal Bites. [Write a short note on the Administration and Statutory control of Wakf.]

Answer

Notwithstanding anything contained in any other Act, the supervision, control and management of all wakf properties in India shall be governed by the Wakf Act, 1995, save the Durgah Khawaja Saheb Ajmer to which the Durgah Khawaja Saheb Act, 1955 applies.

The Act of 1995 provides that the State Government may appoint for the State a Survey Commissioner and other officers for the purpose of making a survey of wakfs existing in the State at the time of the commencement of this Act. The Survey Commissioner shall, after the survey, submit his report to the State Government relating to the wakfs existing in the State. The survey report shall contain the following particulars, namely, the number of wakfs in the State (Sunni or Shia), the nature and objects of each wakf, the gross income of the wakf property, the amount of land revenue, cesses, rates and taxes payable, the expenses incurred in the realisation of the income and the pay or other remuneration of the mutawalli of each wakf etc.

If any question arises whether a particular property specified in the list as wakf property is a wakf property or not, or whether a wakf specified in such list is a Sunni wakf or Shia wakf, the Board or the mutawalli or any person interested therein may institute a suit in a Tribunal for the decision of a such question. The period of limitation for instituting such a suit is one year from the date of the publication of the list of wakfs. However, it should be noted that the Survey Commissioner shall be immune from being made a party to any suit for anything done in good faith and in pursuance of this Act.

Central Wakf Council

The Central Government may establish a Central Wakf Council for the purpose of advising it, on matters concerning the working of Boards and the due administration of Wakfs. The Central Wakf Council shall consist of a Chairman (Union Minister in charge of Wakf-Ex-Officio) and twenty members (3 persons representing Muslim organizations having all India character, 4 persons of national eminence, 3 Parliament members, 3 Chairpersons of Board by rotation, 2 Judges of the Supreme Court or High Courts, one advocate, one person to represent Mutawallis of wakf having gross annual income of 5 lakhs and 3 eminent scholars of Muslim Law) to be appointed by the Central Government.

It is the duty of every Wakf Board to pay from its wakf funds annually to the Council such contribution as is equivalent to one per cent of the aggregate of the net annual income of the wakfs.

Establishment of Wakf Board

The State Government shall establish (i) a Board of Wakfs; or (ii) Boards of wakf each for Sunni wakfs and for Shia wakfs, as the case may be. Such Boards shall be the body corporate having perpetual succession and a common seal with power to hold and acquire property and to transfer such property.

The Board is empowered to establish its committees for the supervision of wakfs but it shall not be necessary for the members of such committees to be members of the Board. The State Government shall, in consultation with the Board appoint a Chief Executive Officer. He shall be ex officio secretary of the Board and shall be under the administrative control of the Board. The functions of the Chief Executive officer shall include the investigation of the nature and extent of wakfs and wakf properties, and inspecting the accounts, records, deeds or documents relating to wakf properties.

Powers and Functions of the Board

The general supervision of the wakfs in a State shall vest in the Board or the State, and it shall be the duty of the Board so to exercise its powers under this Act to ensure that the wakfs under its superintendence are properly maintained, controlled and administered, and the income thereof is duly applied to the objects and for the purpose for which such wakfs were created or intended. The Board is under duty while exercising power, that its every action is in conformity with the direction of the wakf, the purpose of the wakf and any usage or custom of the wakf sanctioned by the school of Muslim law to which the wakf belongs

Generally, the function of the Board shall be to maintain records relating to origin, income, object and beneficiaries of the wakf, to ensure that the income of wakfs are to be applied to objects and purpose for which such wakfs were created, to give directions for the administration of wakfs, to settle scheme of management for a wakf, to scrutinise and approve the budget submitted by mutawallis, to appoint and remove mutawallis in accordance with the Act, to institute and defend suits and proceedings relating to wakfs, to sanction any transfer of immovable of a wakf by way of gift, sale, mortgage or lease and generally to do all such acts as may be necessary for the control, maintenance and administration of wakfs.

The Board has the power to ask the mutawalli, whose wakf land has the potential for development as a shopping centre market, housing flats and the like, to convey his decision on whether he is willing to execute the development work specified in the notice. If the Board is satisfied that the mutawalli is not willing or is not capable of executing the work, it may, with the prior approval of the Government, take over the property for the execution of works.

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