Learn about the Waqf Board, its purpose, history, and role in India. Discover when the Waqf Board was established, its full form, functions, and key details like Waqf Board property in India and Central Waqf Council.
The Central Waqf Council is a statutory body in India, functioning under the Government of India as per the provisions of the Waqf Act, 1995. It is also known as Auqaf or Awkaf when Waqf is referred to as a singular entity.
Waqf boards in the Indian subcontinent were first established in 1913 during British rule. The Mussalman Waqf Act of 1923 was introduced to provide guidance on managing State Waqf Boards and ensuring the effective administration of waqf properties.
Waqf refers to properties set aside solely for religious or charitable purposes under Islamic law, with any alternative use or sale strictly prohibited. When a waqf is created, ownership is permanently removed from the donor (waqif) and is considered to be held by Allah. Since waqf properties are dedicated to a divine entity rather than a physical owner, a mutawalli is appointed—either by the waqif or a designated authority—to oversee and manage the property. Once a property is declared as waqf, the transfer of ownership is final and cannot be revoked.
The term “Waqf” (also spelled “Wakf”) comes from Arabic, meaning a permanent dedication of property for religious or charitable purposes. The Waqf Board full form is not an acronym but refers to the governing body that oversees these endowments.
The origins of waqf in India date back to the early Delhi Sultanate when Sultan Muizuddin Sam Ghaor dedicated two villages to the Jama Masjid of Multan and entrusted its management to the Shaikhul Islam. As Islamic rule expanded, the number of waqf properties grew across the country.
In the late 19th century, an effort was made to abolish waqfs in India following a legal dispute that reached the Privy Council in London during British rule. The four British judges overseeing the case condemned waqf as “a perpetuity of the worst and most pernicious kind” and ruled it invalid. However, their verdict was not accepted in India. The Mussalman Waqf Validating Act of 1913 was enacted to preserve the institution of waqf, ensuring its continued existence without further legal challenges.
The Central Waqf Council, operating under the Ministry of Minority Affairs, was established in 1964 as an advisory body to the central government. The Waqf Board was established in India under the Wakf Act of 1954, to oversee the functioning of Waqf Boards and ensure the proper administration of Auqaf (endowments). This act was later repealed, and the current Waqf Act came into effect in 1995. This strengthened its regulatory powers. The Central Waqf Council, an advisory body, was set up in 1964 to guide state Waqf boards.
Previous Waqf Councils | |||
1. | 1st Council | 31st October,1964 | Shri Humayun Kabir Shri Fakhruddin Ali Ahmed |
2. | 2nd Council | 5th Febrarury,1970 | Shri Fakhruddin Ali Ahmed |
3. | 3rd Council | 22nd November, 1975 | Shri Shahnawaz Khan Shri Sikandar Bakht Shri Zulfiqarullah Shri P. Shiv Shankar |
4. | 4th Council | 17th October, 1981 | Shri Jagannath Kaushal Shri A.K. Sen Dr. Rajendra Kumari Bajpai Shri Ramvilas Paswan |
5. | 5th Council | 23rd July,1987 | Shri Ramjilal Suman Shri Sitaram Kesri |
6. | 6th Council | 30th April, 1993 | Shri Sitaram Kesri Shri Balwant Singh Ramoowalia |
7. | 7th Council | 26th June,1997 | Shri Balwant Singh Ramoowalia Smt. Maneka Gandhi Dr. Satya Narayan Jatiya |
8. | 8th Council | 1st May, 2003 | Dr. Satya Narayan Jatiya |
9. | 9th Council | 18th May, 2005 | Smt. Meira Kumar Shri A.R. Antulay |
10. | 10th Council | 12th May, 2011 | Shri Salman Khursheed Shri K. Rehman Khan Dr. Najma Heptulla |
11. | 11th Council | 23rd November, 2015 | Dr. Najma Heptulla
Shri Mukhtar Abbas Naqvi |
12. | 12th Council | 4th February,2019 | Shri Mukhtar Abbas Naqvi
Smt. Smriti Zubin Irani |
After independence, waqf institutions were further reinforced. The Waqf Act of 1954 aimed to centralize the management of waqf properties. Under this law, the Central Waqf Council of India, a statutory body, was established in 1964 by the Government of India. The Council supervises the operations of various state waqf boards, which were formed under Section 9(1) of the Act.
In 1995, the legislation was revised to make the law more favorable to waqf administration, granting it overriding authority. This Act regulates the management of waqf properties across India and outlines the powers and responsibilities of the Waqf Council, State Waqf Boards, and Chief Executive Officer, as well as the obligations of a mutawalli (custodian). It also defines the jurisdiction and authority of Waqf Tribunals, which act in place of civil courts. These Tribunals are granted the same authority as civil courts under the Code of Civil Procedure, 1908, and their decisions are final and binding, with no provision for appeal in a civil court.
To improve efficiency and transparency in waqf management, several amendments were introduced in 2013. However, over time, it became evident that these changes did not significantly enhance waqf administration.
To establish a more balanced legal framework for waqf and other religious institutions with similar objectives, a proposal to repeal the Waqf Act, 1995 (as amended) was introduced in the Rajya Sabha on December 8, 2023.
State Waqf Boards are formed by state governments to oversee the management, regulation, and protection of waqf properties. They achieve this by establishing District Waqf Committees, Mandal Waqf Committees, and dedicated committees for individual waqf institutions. These boards function as corporate bodies with perpetual succession and a common seal, allowing them to acquire and manage property. If Shia waqf properties constitute more than fifteen percent of the total waqf assets or generate over fifteen percent of the total income, the act provides for the creation of a separate Shia Waqf Board.
The purpose of the Waqf is to manage and protect properties donated for Muslim religious, educational, or social causes. These assets include mosques, dargahs, schools, and land. The Waqf Board ensures these resources are used as intended by their donors.
The Central Waqf Council advises state Waqf boards and ensures compliance with laws. It was established in 1964 under the Ministry of Minority Affairs. The Central Waqf Council chairman oversees policy implementation and coordination between states.
The Mission of the Waqf board is to take an active role in safeguarding and developing Auqaf while collaborating with State Waqf Boards to enhance their efficiency and operations.
The vision of Waqf board is to ensure the protection, recovery, and digital monitoring of Auqaf in accordance with the Waqf Act of 1995, as amended by the Waqf (Amendment) Act of 2013.
Each Indian state has its own Waqf Board headquarters. For example:
The Waqf Board chairman is appointed by the state government and manages daily operations.
Currently, there are 30 Waqf Boards across India, covering 28 states and union territories. However, some regions, including Goa, Arunachal Pradesh, Mizoram, Nagaland, Sikkim, and the union territory of Daman and Diu, do not have a Waqf Board. There are 16, 713 movable properties registered under Waqf Board.
In 2011, Justice Shashvat Kumar, who chaired the Shashvat Committee, compiled a report on the status of Muslims in India. The report revealed that waqf properties across the country account for a land bank valued at ₹1.2 lakh crore. These assets had the potential to generate ₹12,000 crore in annual revenue but yielded only ₹163 crore. The report also highlighted a significant lack of senior Muslim government officers to oversee waqf management, emphasizing the need for a dedicated cadre of qualified and permanent officials.
The Haryana Waqf Board (HWB) recorded its highest-ever income of ₹17.03 crore in 2010–11, marking an increase of ₹3.33 crore from the previous year. During the same period, the board allocated ₹3.32 crore for various educational and welfare initiatives. For 2011–12, the board set aside ₹6.47 crore in its budget to fulfill the primary objectives of waqfs and support welfare and educational programs.
Stakeholders have raised several concerns regarding the functioning of the Waqf Board and the Central Waqf Council. Key issues include the lack of diversity in their composition, misuse of authority by Mutawallis, improper financial management of waqf properties, weak coordination with local revenue authorities, challenges in removing encroachments, disputes over property registration and ownership, and the broad powers granted to Waqf Boards, which often lead to legal conflicts. The non-applicability of the Limitation Act has also been a point of contention, contributing to communal disharmony. Additionally, waqf properties generate minimal revenue, limiting their intended use for community welfare.
Irrevocability of Waqf Properties
The principle of “once a waqf, always a waqf” has led to disputes over ownership claims. Cases such as the claim over two islands in Bet Dwarka have been considered legally complex and puzzling by courts.
Litigation and Mismanagement
The Waqf Act of 1995, along with its 2013 amendment, has been criticized for being ineffective in addressing issues like encroachment, ownership disputes, and delays in property registration. Multiple complaints have been raised regarding property titles, tribunal operations, and widespread litigation.
Lack of Judicial Oversight
Tribunal decisions related to waqf matters lack judicial review, making the dispute resolution process less transparent. The inability to appeal tribunal verdicts to higher courts raises concerns about accountability in waqf management.
Deficient Survey Processes
Surveys conducted by the Survey Commissioner to identify waqf properties have been inadequate. In states like Gujarat and Uttarakhand, the process has yet to begin, while in Uttar Pradesh, a survey ordered in 2014 remains incomplete. The lack of expertise among surveyors and poor coordination with revenue departments further hinder property registration.
Misuse of Legal Provisions
Certain provisions of the Waqf Act have been misused by State Waqf Boards, leading to social discord. Section 40 of the act, which allows Waqf Boards to declare properties as waqf assets, has been exploited, resulting in a surge of litigations and inter-community tensions.
Constitutional Validity of the Waqf Act
The Waqf Act applies exclusively to religious properties of one faith, while no equivalent law exists for other religions. A Public Interest Litigation (PIL) questioning the constitutional validity of the act is currently pending in the Delhi High Court, which has sought a response from the central government on the matter.
Key Features of the Waqf (Amendment) Bill, 2024
It specifies that only a Muslim who has practiced Islam for at least five years can declare a waqf and must own the property being dedicated. Additionally, waqf-alal-aulad cannot deny inheritance rights to the donor’s heirs, including women.
The following members must be Muslim:
Of the Muslim members, at least two must be women.
The Bill also requires:
Instead, the Bill proposes:
Additionally, while the current Act allows state governments to audit waqf accounts at any time, the Bill shifts this power to the central government, which may order audits through the Comptroller and Auditor General (CAG) or a designated officer.
How to Verify Waqf Property?
If you want to check if a property is under Waqf Board, you can:
The Waqf Board is essential in preserving and managing Muslim charitable endowments in India. Established under the Wakf Act of 1954, it oversees vast Waqf Board property in India, ensuring funds are used for education, religion, and social welfare. The Central Waqf Council supports state boards, while the Waqf Board chairman leads operations. Despite challenges, the system remains vital for India’s Muslim community.
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Waqf properties cannot be revoked. Once a property is designated as waqf, its ownership is transferred from the waqif (donor) to Allah, making it permanent. Since ownership cannot be reclaimed from Allah, the property remains waqf indefinitely. For instance, the Bengaluru Eidgah ground has been recognized as waqf property since the 1850s. Similarly, the Surat Municipal Corporation building has been claimed as waqf due to its historical use as a sarai for Hajj pilgrims during the Mughal era.
No, waqf properties do not exist in all Islamic countries. Nations like Turkey, Libya, Egypt, Sudan, Lebanon, Syria, Jordan, Tunisia, and Iraq do not have waqfs. However, in India, waqf boards are among the largest urban landowners and are safeguarded by a dedicated legal framework.
Waqf Boards in India oversee approximately 8.7 lakh properties covering 9.4 lakh acres, with an estimated worth of ₹1.2 lakh crore. India holds the largest waqf assets globally. Additionally, the Waqf Board is the third-largest landowner in the country, following the Armed Forces and Indian Railways.
The proposed amendments focus on broadening the composition of the Central Waqf Council (CWC) and State Waqf Boards (SWBs), defining the roles and responsibilities of mutawallis, restructuring tribunals, improving the registration process, and clarifying title declarations. Additionally, the discussions covered the survey and mutation of waqf properties, the filing of accounts by mutawallis, reforms in annual account submissions, and reviewing provisions related to evacuee properties and the Limitation Act. Emphasis was also placed on adopting a scientific approach to waqf property management. Furthermore, the Ministry has studied international waqf management practices in countries such as Saudi Arabia, Egypt, Kuwait, Oman, Pakistan, Bangladesh, and Turkey, where waqf properties are generally regulated by government-established laws and institutions.
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