Wakf

Central Wakf Council, State Wakf Boards: Functions, Control and

Registrations
Central Wakf Council
• Set up by the Central Government in 1964 as a Statutory Body under Wakf
Act of 1956 (Now a part of Wakf Act of 1995)

• Primary Objective of Central Wakf Council

1. To give advise and formulate strategies for the effective working of state
wakf boards and give advice to the Eg.Central Government.
2. To take proactive role in developing Wakf and optimizing state Wakf
Boards to prevent encroachment and misuse of Wakf properties (E.g.
Recently July,2019 CWC made a proposal to geo tag and digitize all wakf
properties across the country to better protect it)
3. In general its more of an advisory body rather than a regulatory one.
 Composition of the Central Wakf Council

The council is headed by a Chairperson (who is the Union Minister in charge of

Wakfs/Usually Minister for Minority Affairs).
Currently: Mr. Mukhtar Abbas Naqvi
+
20 other members whom are appointed by the Central Government
 Funding of the Central wakf council

Every State Board has to pay 1% of net annual income of wakfs to the
CWC.
 State Wakf Boards

• Made under the provisions of the Wakf Act,1995. In the state where
the Act is not in force (Jammu & Kashmir) the Wakf Board is
established under a state legislation.
• Does the ground level work (Consult and monitor District wakf
councils and individuals wakfs.
• SWB’s have power to acquire and hold wakf properties.
Composition of State Wakf Boards

• Wakf Board members are nominated by the respective State/Union

Governments. (Usually MPs/MLAs or Persons having special
knowledge in Muslim Law.
• Wakf Boards of States and UT of Delhi has 11 members.
• Wakf Boards of other UTs have 5 members.
• Term of Office 5 years/ Till a successor is appointed.
General Functions of State Wakf Boards

• To ensure that Wakfs in the State is functioning properly.

• To keep a record of all wakfs (origin, income, beneficiaries etc.).
• To ensure that income from wakfs is directed to the intended
purpose/cause.
• To give directions and settle schemes for the administration of wakfs.
• Also, to ensure the surplus money from wakfs are used to the
intended purpose, and if the objective ceases to exist then the board
finds a similar objective where the fund can be used.
Continuation (Functions of State Wakf Boards)

• To appoint Mutuawalis to administer the wakf.

• To scrutinize the budgets submitted by the mutawalis and to audit the
accounts of the wakf.
• To take measures to recover lost properties and to institute and
defend suits regarding wakfs in courts.
• To sanction any transfer of wakf properties by sale/gift/mortgage or
exchange with the approval of 2/3rd of the members.
• In some states the Board has appointed district Wakf Boards to
closely supervise mutawalis.
Registration of Wakfs

• All individual Wakfs have to be registered with the Wakf board of that
respective state.
• The registration process has to be done by the mutawalis
• The board maintains the register with all details about each wakf
(objectives, succession of mutawalis etc.).
• The board can inspect the wakf property at any time.
Control (over wakfs and mutawails by the State Wakf Boards)

The wakf board exercises control over mutawalis and wakfs in several
ways

• Each year the mutawalis have to submit a budget to the board. The
accounts would be audited.
• Mutawalis have to carry out the orders given by the wakf board, they
should allow the board to inspect the properties.
• Mutawalis are accountable to the board and shall discharge all public
duties and lawfully required duties under the act. The board exercises
control over the wakf through the mutawalis.
Continuation - Control (over wakfs and mutawails by the State Wakf Boards)

• The State Wakf Board can penalize and remove any mutawalis who
fail to do the duties required. Or for reasons like insanity/ committing
acts which involves moral turpitude etc.
(E.g.. Not registering the wakf, not carrying out the directions of the
board, Not supplying information about the functioning of the wakf
etc.)
The board can sue and be sued (with a two month notice period).