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Central Waqf Council

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Central Waqf Council
Statutory body overview
Formed1964[1]
JurisdictionIndia
HeadquartersSaket, New Delhi
Motto
  • Once a Waqf always a Waqf
  • Allah will give you more than you've expected
  • Stronger believer is more beloved to Allah
Minister responsible
Deputy Minister responsible
Statutory body executives
  • Kiren Rijiju, Chairman
  • S. P. Singh Teotia, Director
Parent departmentMinistry of Minority Affairs
Child Statutory body
  • State Waqf Boards
Key document
  • Waqf Act, 1995
Websitecentralwaqfcouncil.gov.in
Footnotes
Official website (2024)

Central Waqf Council (CWC) is a statutory body under the administrative control of the Ministry of Minority Affairs, Government of India, set up in 1964 under the Waqf Act, 1954. It now operates under the Waqf Act, 1995, which was subsequently amended in 2013. The CWC advices central and state governments, as well as State Waqf Boards, on the administration of waqf properties (auquf). It can also issue directives to boards and state governments to submit performance reports and financial audits.[1][2] CWC holds suo moto powers to deal with litigations pertaining to waqf properties.[3]

The Waqf boards in the Indian subcontinent were formed in 1913 during the British rule by the Mussalman Wakf Validating Act.[4][5] It was followed by a Mussalman Waqf Act of 1923. 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.[6][7][8][9][10]

History

The Mussalman Waqf Validating Act constituted waqf boards in 1913, during the British rule.[4][5] The first legislation to regulate waqfs was enacted in 1923. It was named as 'The Mussalman Waqf Act 1923'.[11]

After independence, the Government of India established the Central Waqf Council, 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 This act was later repealed.[12]

The existing Waqf Act was passed in 1995.[12]

State Waqf Boards

The State Waqf Boards are established by the State Governments.[13][14] 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.

  • Andhra Pradesh State Wakf Board
  • Assam Wakf Board
  • Bihar State Sunni Waqf Board
  • Bihar State Shia Wakf Board
  • Chhattisgarh Wakf Board
  • Delhi Wakf Board
  • Gujarat Wakf Board
  • Haryana Waqf Board
  • Himachal Wakf Board
  • Jharkhand State Sunni Waqf Board
  • Karnataka Wakf Board
  • Kerala Wakf Board
  • Madhya Pradesh Wakf Board
  • Maharashtra State Board of Waqfs
  • Manipur Wakf Board
  • Meghalaya Wakf Board[15]
  • Odisha Wakf Board
  • Punjab Wakf Board
  • Rajasthan Board of Muslim Wakfs
  • Tamilnadu Wakf Board
  • Tripura Wakf Board
  • Telangana State Wakf Board
  • Uttarakhand Wakf Board
  • Uttar Pradesh Sunni Central Waqf Board; Shia Wakf Board
  • West Bengal Wakf Board
  • Andaman Nicobar Wakf Board
  • Chandigarh Wakf Board
  • Laxdweep Wakf Board
  • Dadra & Nagar Haveli Wakf Board
  • Puducherry Wakf 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".[16]

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.[17]

Corruption and controversies

The central as well as state Waqf Boards have been involved in corruption, land encroachment, and misappropriation of funds.[18][19] 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 "Central Waqf Council (CWC)". National WAMSI Project. Retrieved 3 November 2024.
  2. ^ "Central Waqf Council". Ministry of Minority Affairs. Retrieved 3 November 2024.
  3. ^ "Restructuring of Central Waqf Council" (PDF). Ministry of Minority Affairs. June 2017. Retrieved 3 November 2024.
  4. ^ a b Sonia Sikka, Lori G. Beaman (2014). Multiculturalism and Religious Identity: Canada and India. McGill-Mqueen's Press. p. 288.
  5. ^ 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.
  6. ^ Ariff, Mohamed (1991). The Islamic voluntary sector in Southeast Asia. Institute of Southeast Asian Studies. p. 42. ISBN 981-3016-07-8.
  7. ^ Gupta, K.R.; Amita Gupta (2006). Concise encyclopaedia of India, (Volume 1). Atlantic Publishers. p. 191. ISBN 81-269-0637-5.
  8. ^ "EXPLAINED: What is a Waqf board, and what are its governing principles?". www.timesnownews.com. 17 October 2019. Retrieved 9 April 2022.
  9. ^ "Explained: How a waqf is created, and the laws that govern such properties". The Indian Express. 17 October 2019. Retrieved 9 April 2022.
  10. ^ "Waqf board handles Muslim rulers' property | India News - Times of India". The Times of India. 2 October 2010. Retrieved 9 April 2022.
  11. ^ 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.
  12. ^ 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.
  13. ^ "The Waqf Act, 1954" (PDF). Central Waqf Council. Central Waqf Council, Minority Affairs of India. Retrieved 3 August 2019.
  14. ^ Danyal, Kahkashan Y. (2015). The Law of Waqf in India. New Delhi: Regal Publications. p. 60. ISBN 9788184844726.
  15. ^ "Members". CFC website. Archived from the original on 4 October 2010.
  16. ^ "Sachar sought a dedicated waqf cadre, govt said no". Indian Express. Retrieved 3 March 2011.
  17. ^ "Haryana Wakf Board registers Rs 17.03 cr income". Press Trust of India. 29 July 2011.[permanent dead link]
  18. ^ "Waqf board chief alleges corruption by former chairmen". Deccan Herald. 8 September 2016. Retrieved 5 October 2019.
  19. ^ "Wakf boards mired in corruption". Afternoon Voice. 7 March 2017. Retrieved 5 October 2019.
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