What Is A Property Under The Waqf Board Property Act Of 1995?
State Waqf Boards in India are empowered by the Waqf Act, 1995 to oversee, protect, and hold wakf properties. The board can manage and stop the encroachment of waqf holdings using a number of its powers. It is not possible for the board to unlawfully obtain Hindu properties and turn them into their own. The purpose of this blog is to clarify the Waqf Board Property Act, the board’s authority, and its repercussions.
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Under the Waqf Board Property Act, properties such as graveyards, schools, hospitals, and mosques can be used as charitable assets for social & religious objectives. The Waqf Board Property Act of 1995 provides the legal foundation for administration, and Waqf Boards were constituted by the Central Waqf Council. These boards’ responsibility is to protect, care for, and own wakf properties in the state. A recent ruling mandate the Waqf Boards carry out a survey and present evidence of ownership. An overview of State Waqf Boards, their functions, and the main provisions of the Waqf Board Property Act are given in this article.
What is the Waqf Board?
Organisations called Waqf or Wakf Boards are in charge of managing and supervising waqf properties that are used for religious or philanthropic purposes. Under the direction of the Central Waqf Council, these bodies typically function within a State and are referred to as the State Waqf Board. The Ministry of Minority Affairs appoints the Council, a statutory body, to oversee the Waqf Board.
State Wakf Boards are empowered to advise the federal and state governments on issues pertaining to waqf properties under the Waqf Act of 1954. Their main responsibilities are to maintain openness in the management of waqf properties, stop encroachment, and make the best use of the resources at hand. Many Indian states have established Waqf Boards specifically for this purpose, such as the Waqf Boards of Andhra Pradesh, Assam, Bihar State Sunni, Chhattisgarh, Delhi, Gujarat, and Haryana.
Role of Waqf Boards
The management and administration of Waqf properties are under the purview of specific powers and duties held by Waqf Boards. These are a few of their main abilities:
- Management and administration of Waqf holdings under their control.
- Waqf properties are surveyed, maintained, and preserved.
- Waqf properties may be leased, rented, or sold for the benefit of the Waqf and its beneficiaries.
- Launching legal action to prevent unlawful occupancy and encroachment of Waqf properties.
- Granting authorization or licences to utilise Waqf properties for designated uses.
- Designating mutawallis, or managers, to oversee certain Waqf properties.
- Arbitrating or going to court to resolve conflicts with Waqf properties.
- Putting into practice laws and programmes pertaining to Waqf properties and the people who own them.
Major sections of the Waqf Board Property Act
The Wakf Act of 1995 comprises around nine chapters & 113 sections that delineate the duties, obligations, and functions of State Waqf Boards. The following are a few noteworthy references made in the Wakf Board Property Act:
Section 50: Duties of Mutawalli (managers)
Section 2: Application of the Act
Section 51: Alienation of waqf property without the sanction of the Bboard to be void
Section 55: Enforcement of orders made under section 54
Section 53: Restriction on purchase of property on behalf of Waqf
Section 32: Powers and functions of the board
Section 61: Penalties
Section 54: Removal of encroachment from Waqf property
Section 55A: Disposal of property left on waqf property by unauthorized occupants.
Latest Supreme Court judgement on Waqf Act, 1995
After a recent ruling by the Supreme Court, it is imperative to conduct a survey under Section 4 of the Wakf Act, 1955, before designating any land as “waqf property,” as this study is critical evidence. Because no such survey was carried out, the court recently dismissed an appeal seeking recognition of land as waqf property. Simply designating a property as Waqf without carrying out a survey, according to the highest body, is insufficient. Survey was cited by the bench of Justices V. Ramasubramanian & Pankaj Mithal as a necessary prerequisite.
In conclusion, the Central Waqf Council established State Waqf Boards, which are in charge of managing and maintaining waqf properties throughout India. Additionally, these boards guard and keep such sites safe from encroachment. Under the Waqf Board Property Act, Wakf Boards are empowered to oversee properties and make contributions to the well-being of minority populations. Therefore, it’s critical to comprehend how these organisations contribute to the advancement of social justice.
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