Statutory Control over Wakf (The Wakf Act, 1955)

Introduction

Wakf properties require proper management to ensure they serve their religious and charitable purposes. To improve administration and prevent misuse, Parliament enacted the Wakf Act, 1955, replacing the earlier 1923 law. The Act was later amended to strengthen supervision and control over Wakf institutions.

Meaning / Definition

Statutory control over Wakf refers to the legal system created by the Wakf Act, 1955 to regulate, supervise, and manage Wakf properties through government authorities and boards. The aim is to ensure proper use of Wakf property and prevent mismanagement.

Modes or Types

Survey of Wakfs

• Each State Government appoints a Survey Commissioner of Wakf along with additional and assistant officers
• They conduct a survey and submit a report to the State Government

The report includes:

• Number of Shia and Sunni Wakfs

• Nature and purpose of each Wakf

• Total income of the Wakf

• Taxes, land revenue, and other payments

• Expenses incurred in collecting income

• Other relevant details

• The cost of the survey is borne by Mutawallis of Wakfs whose annual income exceeds Rs. 500

Central Wakf Council

• Established by the Central Government to advise on Wakf administration

Composition

• Union Minister in charge of Wakf – Chairperson
• Representatives of Muslim organizations
• Members with expertise in administration and finance
• Members of Parliament (from Lok Sabha and Rajya Sabha)
• Chairpersons of Wakf Boards
• Judges or former judges of High Court or Supreme Court
• Advocate of national importance
• Representative of a high-income Wakf
• Scholars of Muslim law

Functions

• Advises the Central Government
• Guides Wakf Boards for proper administration

Finance

• Each Wakf Board contributes 1% of its total income to the Council

Board of Wakfs

• Each State has a Wakf Board
• If Shia Wakf income exceeds 15% of total Wakf income, a separate Shia Board is created

Nature

• A legal body (separate legal entity)
• Has perpetual succession (continues even if members change)
• Has a common seal
• Can hold and transfer property
• Can sue and be sued in its own name

Composition

• Chairperson

• Members elected from:

  • Muslim Members of Parliament from the State
  • Muslim Members of State Legislature
  • Muslim members of State Bar Council
  • Mutawallis of Wakfs with income less than Rs. 1 lakh

• Members nominated by State Government:

  • From Muslim organizations
  • Scholars in Islamic theology
  • State Government officer (not below Deputy Secretary rank)

• Members elect the Chairperson

• Tenure of members is 5 years

Disqualification

A person cannot be a member if:

• He is not a Muslim
• He is below 21 years
• He is of unsound mind
• He is insolvent (unable to pay debts)
• He is convicted of an offence involving moral wrongdoing (moral turpitude)

Chief Executive Officer (CEO)

• Appointed by the State Government
• Performs functions like inspection, investigation, and administration

Practical Example

A State Government conducts a survey of all Wakf properties and finds that some properties are not generating proper income. The Wakf Board steps in, supervises the Mutawalli, and ensures that the income is properly used for religious or charitable purposes.

Summary

• Wakf Act, 1955 provides legal control over Wakf properties
• It ensures proper administration and prevents misuse
• Survey of Wakfs helps identify and record Wakf properties
• Central Wakf Council advises the government and Wakf Boards
• State Wakf Boards manage and supervise Wakf properties
• Boards are legal bodies with power to hold property and file cases
• Members have qualifications and disqualifications
• CEO assists in administration, inspection, and investigation