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Introduction to Waqf (The Waqf Act, 1995 with amended Act 2013)

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 ?.

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Introduction to Waqf (The Waqf Act, 1995 with amended Act 2013)

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  1. 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

  2. What is Waqf/Auqaf and Waqif ? • The Term Waqf denotes Detention, and signify the detention of property in the ownership of God • Total extinction of ownership of founder • 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

  3. Legislations and Authorities

  4. Waqf Defined( Sec- 3r) • “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 : • A Waqf by user • “grants”, including mushrut-ul-khidmat . • A waqf-alal-aulad “waqif” means any person making such dedication.

  5. Transfers of auqaf- banned • 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 • Any lease of one year or more without prior sanction of Board shall be void. No lease beyond 30 yrs

  6. Restrictions on Land Acquisition • Consultation with Board before acquisition • 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

  7. Waqf in Maharashtra • 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Maharashtra- Marathwada Waqf Board) • Act of 1995 came in force from 1.1 1996 ( For Entire State)- other relevant Acts repealed • Survey held in 2001 • Maha. State board of waqf formed in 2002 • Head Quarter at- Aurangabad Properties- • 23564 registered institutions • 46330 H land in State • 32121 H in Marathwada

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

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

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

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

  12. 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 initio • 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 Sec56

  13. 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 • Sec. 55 Enforcement of tribunal’s order of encroachment by local executive magistrate

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

  15. Role Of Revenue officer • 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

  16. THANKS

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