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
History
Religious Endowment Act 1863
(Wakf validating Act for Muslims)
(Hindu religious and endowment Act,1927- for Hindus)
1954
Wakf Act, ( Limited jurisdictions)
1995
2003
The Wakf Act, 1995
Maharashtra Wakf Rules, 2003
2013
The Waqf Amendment Act 2013
2014
Waqf properties Lease Rules 2014
State
State Waqf Board (Under State Govt.)
Chairman /CEO
Waqf Tribunal
Central
Central Waqf Council
National Waqf Development Corporation

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
( For Entire State)- other relevant Acts repealed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 Sec56 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