The history of Waqf law in India dates back to 1810. Initially, Waqf properties were overseen by qazis (judges) appointed by the government. However, as the condition of Waqfs deteriorated after the decline of the Mughal empire, laws were enacted to address the issue.
In independent India, Waqf Boards were first established through the Waqf Act of 1954. While the 1954 act was introduced as legislation to institute a proper legal mechanism for the management of Waqf properties in India, the Waqf Act of 1995 replaced the previous legislation and expanded the powers of the Waqf boards2. These boards play a crucial role in overseeing and managing Waqf properties, ensuring their use for religious and charitable purposes.
The Wakf Act of 1954 introduced several important provisions for the administration and supervision of Waqfs in India:
Mandatory Registration: All Waqfs must be registered with the Waqf Board.
Central Register: A central register of Waqfs is maintained.
Executive Officers: Waqf Boards have the authority to appoint executive officers.
Encroachment Removal: Measures are taken to remove encroachments from Waqf properties.
Budget Preparation: Annual budgets for Waqf maintenance are prepared.
Record Maintenance and Inspection: Proper records of Waqf properties are maintained, and inspections are conducted
The Waqf Act of 1995 is a significant legislation enacted by the Indian Parliament to comprehensively address the administration, management, and governance of waqf properties in the country. Here are some essential points about this Act:
Objective and Scope:
The Act aims to provide better administration and management of waqf properties.It establishes the Central Waqf Council and State Waqf Boards to oversee waqf affairs and keep the government informed.
Important Provisions:
Central Waqf Council:
Functions include advising the government on waqf matters and promoting their development.Composition includes members appointed by the government.Financing provisions ensure its effective functioning.
State Waqf Boards:
Composed of members appointed by the state government.Responsible for managing waqf properties within their respective states.Chief Executive Officer (CEO) has specific powers and duties. Registration of waqfs is a key function.
Judicial Proceedings:
The Act provides for legal proceedings related to waqf disputes.
Provisions for Mutawallis (managers of waqf properties):
Duties and penalties for mutawallis are defined.Removal of mutawallis is addressed.
Significance and Challenges:
The Act seeks to streamline waqf administration and overcome past inefficiencies. However, controversies and challenges persist, including issues related to property management and legal disputes.
In summary, the Waqf Act of 1995 plays a crucial role in ensuring proper governance of waqf properties, balancing religious and charitable purposes with effective management.
