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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 Meaning

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.

Waqf Board Full Form

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.

Waqf History

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.

Waqf Board Council Establishment

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.

Waqf Board Administration

The Waqf Act, 1954

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.

The Waqf Act, 1995

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.

Amendments in 2013

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.

The Waqf Repeal Bill, 2022

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

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.

Waqf Board Purpose

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.

Waqf Board Key Functions

1. Provide guidance to the central and state governments, as well as state Waqf Boards, on the management and administration of Auqaf.
2. Oversee the enforcement of the Waqf (Amendment) Act, 2013, across states and union territories.
3. Offer legal counsel on protecting waqf properties, reclaiming encroached land, and addressing related disputes.
4. Facilitate the development of urban waqf properties and identify potential land for development through the National Waqf Development Corporation Ltd.
5. Implement educational and women’s welfare initiatives to promote skill development and economic empowerment, particularly for women.
6. Execute the central-sector scheme for the computerization of state Waqf Board records under the Ministry of Minority Affairs.
7. Gather performance-related data from state governments and Waqf Boards in line with the provisions of the Waqf (Amendment) Act, 2013.
8. Coordinate waqf-related issues with various central and state government departments, including the Archaeological Survey of India (ASI), Railways, Revenue, and Forest departments.
9. Conduct awareness programs to promote the council’s objectives and educate waqf institutions on their evolving roles and responsibilities.

Central Waqf Council and Its Role

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.

Waqf Board Headquarters and Leadership

Each Indian state has its own Waqf Board headquarters. For example:

• Delhi Waqf Board – Located in Delhi.
• Uttar Pradesh Sunni Waqf Board – Based in Lucknow.

The Waqf Board chairman is appointed by the state government and manages daily operations.

Waqf Boards Income

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.

Waqf Board Challenges

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.

Key Concerns Related to Waqf Board

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.

Waqf (Amendment) Bill, 2024

Key Features of the Waqf (Amendment) Bill, 2024

1. Renaming of the Waqf Act, 1995
   The Act has been renamed as the Unified Waqf Management, Empowerment, Efficiency, and Development Act, 1995 to reflect its broader objective of improving waqf administration, promoting efficiency, and ensuring empowerment and development.
2. Formation of Waqf
   The Bill recognizes three ways to establish waqf:

• By declaration
• By endowment when the donor’s line of succession ends (waqf-alal-aulad)
• By recognition through prolonged religious use (waqf by user), which the Bill removes.

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.

3. Government Property and Waqf
   The Bill states that any government-owned property classified as waqf will cease to be so. In cases of ownership disputes, the District Collector will determine ownership and submit a report to the state government. If deemed government property, the revenue records will be updated accordingly.
4. Authority to Declare a Waqf Property
   The existing Act empowers the Waqf Board to determine whether a property is waqf. The Bill removes this provision.
5. Waqf Property Survey
   Currently, a Survey Commissioner and additional commissioners conduct waqf property surveys. The Bill shifts this responsibility to District Collectors, aligning pending surveys with state revenue laws.
6. Central Waqf Council
   The Central Waqf Council advises the central and state governments and Waqf Boards. The Union Minister for Waqf serves as its ex-officio chairperson. The existing Act mandates that all Council members be Muslim, with at least two being women. The Bill revises this, requiring two non-Muslim members and allowing MPs, former judges, and eminent persons on the Council regardless of religion.

The following members must be Muslim:

• Representatives of Muslim organizations
• Scholars in Islamic law
• Chairpersons of Waqf Boards

Of the Muslim members, at least two must be women.

7. Composition of Waqf Boards
   Currently, the Act allows election of up to two members from Muslim MPs, MLAs, MLCs, and Bar Council members. The Bill replaces this with a system where the state government nominates one person from each category, and they do not need to be Muslim.

The Bill also requires:

• Two non-Muslim members
• At least one member each from Shia, Sunni, and Backward Class Muslims
• A representative each from the Bohra and Agakhani communities, if they have waqf in the state
• At least two Muslim women members

8. Waqf Tribunals
   The Act mandates that states set up tribunals to handle waqf disputes. The tribunal’s chairman must be a judge of a rank equivalent to a Class-1 District, Sessions, or Civil Judge. Other members include:

• A state officer equivalent to an Additional District Magistrate
• A legal expert in Muslim law and jurisprudence (which the Bill removes)

Instead, the Bill proposes:

• A current or former District Court judge as chairman
• A current or former joint secretary to the state government as a member

9. Appeals Against Tribunal Orders
   Under the current Act, tribunal decisions are final, and appeals are not allowed in courts, except under specific circumstances. The Bill removes this restriction, allowing appeals to the High Court within 90 days.
10. Powers of the Central Government
    The Bill grants the central government authority to create rules regarding:

• Registration of waqf properties
• Publishing waqf accounts
• Publishing proceedings of Waqf Boards

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.

11. Separate Waqf Boards for Bohra and Agakhani Communities
    The existing Act permits separate waqf boards for Shia and Sunni communities if Shia waqf properties exceed 15% of total waqf properties or revenue in a state. The Bill extends this provision to allow separate boards for Bohra and Agakhani sects as well.

How to Verify Waqf Property?

If you want to check if a property is under Waqf Board, you can:

1. Visit the state Waqf Board website.
2. Submit an RTI (Right to Information) request.
3. Check land records at the local revenue office.

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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