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Central Waqf Council

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Central Waqf Council
Formation1913
HeadquartersCentral Waqf Council, P-13 & 14, Sector-6, Pushp Vihar, Opposite Family Court, Saket, New Delhi-110017
Region served
India
Official language
Hindi, English & Urdu
Chairman
Minister of State for Ministry of Minority Affairs[1]
Main organ
Council
AffiliationsMinistry of Minority Affairs, Govt. of India
WebsiteOfficial website

Central Waqf Council is an Indian statutory body operated by the Government of India under the Waqf Act, a subsection of the Waqf Act, 1995.

The Waqf boards in the Indian subcontinent were formed in 1913 during the British rule.[2][3] Mussalman Waqf act 1923 was established for the purpose of advising it on matters pertaining to the working of the State Waqf Boards and proper administration of the Waqfs in the country. Waqf is a permanent dedication of movable or immovable properties for religious, pious or charitable purposes as recognized by Muslim Law, given by philanthropists. The grant is known as mushrut-ul-khidmat, while a person making such dedication is known as Wakif.[4][5][6][7][8]

The Council

The Waqf boards were constituted in 1913, during the British rule.[2][3] The first legislation to regulate waqfs was enacted in 1923. It was named as 'The Mussalman Waqf Act 1923'.[9]

The Central Waqf Council is a statutory body under the administrative control of the Ministry of Minority Affairs was set up in 1964 as per the provision given in the Waqf Act, 1954 as Advisory Body to the Central Government on matters concerning the working of the Waqf Boards and the due administration of Auqaf. This act was later repealed.[10]

The existing Waqf Act was passed in 1995.[10]

State Waqf Boards

The State Waqf Boards are established by the State Governments.[11][12] These work towards management, regulation and protect the Waqf properties by constituting District Waqf Committees, Mandal Waqf Committees and Committees for the individual Waqf Institutions. The Waqf Boards shall be body corporate having perpetual succession and a common seal with power to acquire and hold property. In the case that more than fifteen per cent of the total number of waqf property is Shia waqf, or the income thereof is more than fifteen per cent, the Act envisages a separate Shia Waqf Board.

Presently there are thirty Waqf Boards across the country in twenty-eight states and Union territories. States such as Goa, Arunachal Pradesh, Mizoram, Nagaland and Sikkim and the Union Territory Daman and Diu have no Waqf Board at present. The Waqf Act 1995 is not applicable to Jammu and Kashmir.

Justice Shashvat Kumar, who headed the Shashvat Committee has prepared a status report on Muslims in India in 2011 and the finding of this report was that Nationwide, Waqf properties constitute a land bank worth Rs. 1.2 lakh crore and could have generated annual returns of Rs. 12,000 crores but yielded only Rs. 163 crores and found that there was "a severe shortage of senior government officers who are Muslim to manage waqf affairs. A separate cadre would mean officers who are not only permanent but also qualified enough".[13]

The Haryana Wakf Board (HWB) registered an all-time high income of Rs 17.03 crore during 2010–11, which is Rs 3.33 crore higher than the previous year. During 2010–11, the Board spent Rs 3.32 crore on various educational and welfare activities. The Board had earmarked Rs 6.47 crore in the budget for 2011–12 to meet the main objectives of waqfs and various educational and welfare activities, he said.[14]

Corruption and controversies

The central as well as state Waqf Boards have been involved in corruption, land encroachment, and misappropriation of funds.[15][16] The Karnataka Wakf Board Land Scam is one such case.

Further reading

  • Wakf administration in India: a socio-legal study, by Khalid Rashid. Vikas Pub., 1978. ISBN 0-7069-0690-X.

See also

References

  1. ^ a b "Members". CFC website. Archived from the original on 4 October 2010.
  2. ^ a b Sonia Sikka, Lori G. Beaman (2014). Multiculturalism and Religious Identity: Canada and India. McGill-Mqueen's Press. p. 288.
  3. ^ a b Rehman, Asad (9 August 2024). "Explained: The proposed changes to Waqf law". The Indian Express. India has had a legal regime for the governance of Waqfs since 1913, when the Muslim Waqf Validating Act came into force.
  4. ^ Ariff, Mohamed (1991). The Islamic voluntary sector in Southeast Asia. Institute of Southeast Asian Studies. p. 42. ISBN 981-3016-07-8.
  5. ^ Gupta, K.R.; Amita Gupta (2006). Concise encyclopaedia of India, (Volume 1). Atlantic Publishers. p. 191. ISBN 81-269-0637-5.
  6. ^ "EXPLAINED: What is a Waqf board, and what are its governing principles?". www.timesnownews.com. 17 October 2019. Retrieved 9 April 2022.
  7. ^ "Explained: How a waqf is created, and the laws that govern such properties". The Indian Express. 17 October 2019. Retrieved 9 April 2022.
  8. ^ "Waqf board handles Muslim rulers' property | India News - Times of India". The Times of India. 2 October 2010. Retrieved 9 April 2022.
  9. ^ Mohsin, M.I.A.; Dafterdar, H.; Cizakca, M.; Alhabshi, S.O.; Razak, S.H.A.; Sadr, S.K.; Anwar, T.; Obaidullah, M. (2016). Financing the Development of Old Waqf Properties: Classical Principles and Innovative Practices around the World. Palgrave Studies in Islamic Banking, Finance, and Economics. Palgrave Macmillan US. p. 197. ISBN 978-1-137-58128-0.
  10. ^ a b Hussain, P.S.M. (2020). Muslim Endowments, Waqf Law and Judicial Response in India. Taylor & Francis. p. 69. ISBN 978-1-000-33705-1. Retrieved 9 February 2024.
  11. ^ "The Waqf Act, 1954" (PDF). Central Waqf Council. Central Waqf Council, Minority Affairs of India. Retrieved 3 August 2019.
  12. ^ Danyal, Kahkashan Y. (2015). The Law of Waqf in India. New Delhi: Regal Publications. p. 60. ISBN 9788184844726.
  13. ^ "Sachar sought a dedicated waqf cadre, govt said no". Indian Express. Retrieved 3 March 2011.
  14. ^ "Haryana Wakf Board registers Rs 17.03 cr income". Press Trust of India. 29 July 2011.[permanent dead link‍]
  15. ^ "Waqf board chief alleges corruption by former chairmen". Deccan Herald. 8 September 2016. Retrieved 5 October 2019.
  16. ^ "Wakf boards mired in corruption". Afternoon Voice. 7 March 2017. Retrieved 5 October 2019.
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