KNOWLEDGE PARK CHARITABLE TRUST WAQF

“Indeed, Allah will not change the condition of

people until they change what is in themselves

13.11”

WAQF

A SOURCE OF

ECONOMIC REVIVAL

Sohail Shaikh [email protected]

UNION MINISTER FOR MINORITY AFFAIRS,

He admitted that “Wakf is one of those areas in which accountability

has not been demanded. The community itself has not demanded

accountability possibly due to a level of ignorance

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KNOWLEDGE PARK CHARITABLE TRUST

1. CONCEPT OF WAQF

i) In Islam

ii) Waqf Act & Deficiency in it.

2 SUPREME / HIGH COURT JUDGMENTS ON WAQF

3 CURRENT STATUS OF AWQAF IN INDIA

4 CHALLENGES FACED BY THE COMMUNITY FROM

5 RECORDS OF WAQF PROPERTY IN INDIA

6 HOW WAQF PROPERTIES CAN BRING CHANGE IN THE COMMUNITY

7 EXPECTATION FROM INDIVIDUALS, ORGANIZATIONS IN PROTECTING WAQF

2

KEY POINTS TO BE

COVERED We value your

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3

WAQF IN

CONSTITUTION

The Central Government may, by notification in the Official Gazette,

establish a Council to be called the Central Waqf Council, for the

purpose of advising the Central Government, the State Governments

and the Boards on matters concerning the working of Boards and the

due administration of Auqaf

“Charities & charitable institutions, religious endowments &

institutions“ is in the concurrent list 7th Schedule of

the Constitution of India. Supervision over the administration of

wakfs is, the responsibility of Central & State Governments.

WAKF IN CONSTITUTION OF INDIA

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WHAT IS WAQF

IN ISLAM

4

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1. It is a property dedicated by a person for religious / charity purpose either for

his family, needy Muslims and the community.

2. When the property is dedicated to Allah (SWT) Waqf, it cannot be taken back,

or sold, or gifted, transferred or mortgaged.

3. The Waqf property shall be utilized for the purpose it has been created.

4. Once it is Waqf it would always remain as Waqf

WAQF IN

ISLAM

5

“You will not attain piety until you spend of that which you love.

And whatsoever you spend, Allah is aware thereof . (3.92) Al- Imran

Ibn Umar (RAA) reported: Umar Bin Al Khattab (RAA) had a Date garden in

Khaibar which he loved the most. He Waqf that property on the advise of Allah's

Messenger Mohammed (SAS) - Sahih Muslim 4006

Uthman Ibn Affan (RA): bought a well from a Jew in Madina and Waqf the same.

There was only one sweet water well from which people were comforted form it.

Sahih Muslim – 3994 Mus'ab b. Sa'd reported on the authority of his father. I was

ailing. I sent message to Allah's (may peace be upon him) saying: Permit me to give

away my property as I like, He refused, and then he permitted not more than one

third of the property in charity.

INDIAN WAQF

ACT – 2013 (Amendment)

6

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WAQF: Sec (r): Means the permanent dedication by any person, of any movable of

immovable property for any purpose recognized by the Muslim law as pious,

religious or charitable

PERSON INTERESTED IN WAQF: Sec (k): Any person who has a right to (offer

prayer) or to perform any religious rite in a mosque, idgah, imambara, dargah,

(khanqah, peerkhana & karbala) maqbara, graveyard or any other religious

institution connected with the (Waqf) or to participate in any religious or charitable

institution under the (Waqf)

ENCROACHER (i) (ee) means any person or institution, public or private,

occupying waqf property, in whole or part, without the authority of law and

includes a person whose tenancy, lease or license has expired or has been

terminated by Mutawalli or the Board

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DEFINATIONS AS

PER WAQF ACTWe value your

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8

Union Minister Ex officio Chairperson

3 – Representatives National

Importance

4 – Representatives National Eminence

1. Admin / Management2. Finance3. Engineering / Architec4. Medicine

3 – Representatives Member of Parliament

2. House of Representative

1. Council of State

2 – Judges Supreme / High court

3 – Chairman of Waqf Board (by rotation)

1 –Advocate National

Eminence

1 – Mutwalli/ Trustee Of Waqf

3 – Scholars Eminent in

Muslim LawOf the total 2 shall be women

Purpose of waqf Counsel is to advising the Central Government, the State Governments and the

Boards on matters concerning the working of Boards and the due administration of auqaf.

The Council shall consist of—

(a) Union Minister in-charge shall be —ex officio Chairperson;

(b) Other Members are appointed by Central Government from amongst Muslims,

WAQF

COUNCIL

Fundamental question needs to be asked: (1) Credentials of the members (2) Accountability & Responsibility

(3) Somewhere community should be involved in identifying these representatives


Planning & Finance

Committee

Education & Women Welfare

committee

WaqfDevelopment

Committee

Monitoring Committee

FUNCTION1. Council's

personnel, administrative and financial issues.

2. Examines and recommends the annual budget

3. Administrative and welfare programme of the Council.

FUNCTION1. To examines

recommends and chalk out new policies of the community.

2. The Committee meets periodically to ensure proper implementation of the educational schemes of the Council.

FUNCTION1. look after the

non-plan Scheme sponsored by the Ministry of Minority Affairs and operated by the Council.

2. scheme for developing the Waqf properties with a view to augment the resources of the Waqfs

3. monitors the projects, examine the progress of the construction recommend further fund.

4. monitors the recovery of loan.

FUNCTION

1. Council look after the issues not covered under the three Committees related to the Waqf affairs.

2. It also monitors the progress on various issues and recommend for speedy action to the Council.

3. The committee of the council to look after the overall functioning of the Council and to advice on the monitoring aspects

COMMITTEES

UNDER WAQF

COUNSIL

Fundamental question needs to be asked:

(1) What is the development? (2) How fund

are utilized for the program? (3) Each

committee should be answerable


STATE WAQF BOARD

ChairpersonElected by Members

1 – Professional Either

1. Admin / Management2. Finance3. Engineering / Architecture4. Social work5. Agriculture

2 – Representatives 1- Member of Parliament

From State1. Member of state

Legislature

1 – Govt. Officer Not below rank of Jt. Secretary

1 – CEO of Waqf Board

Not below the rank of Dy. Secretary

1 – Advocate Member of Bar counsel

1 – Mutwalli / Trustee Of Waqf

1 – Scholars Muslim Law

Purpose of waqf Board is to manage the waqf properties within the state, address

issues, ensure that they are developed, pay part of the revenue generated to the

central counsel

The Council shall consist of—

(a) Chairman shall be elected by the members

(b) Other Members are appointed by State Government from amongst Muslims,

STATE WAQF

BOARD

Fundamental question needs to be asked: (1) Credentials of the members (2) Accountability &

Responsibility (3) Somewhere community should be involved in identifying these representatives

1. Member shall not hold office for more than 5 years

2. If he is not a Muslim

3. Less than twenty-one years of age;

4. Unsound mind;

5. Convicted of an offence involving moral turpitude or not been

granted full pardon in respect of such offence;

6. On a previous occasion removed from his office as a member or

as a mutawalli, or removed by an order of a competent court or

tribunal from any position of trust either for mismanagement or

for corruption

11

CRITERIA TO BE A

MEMBER OF WAQF

BOARD

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Removal

1. Disqualifications due to insolvent, not Muslim or convicted

2. Working prejudicial to the interests of the Auqaf

3. Fail to attend three consecutive meetings of the Board, without sufficient

excuse.

4. Chairman can be removed only after 12 months of joining the office

5. No confidence shall be address by at least 50% members to the State

Government.

6. 15 days notice required to move no- confidence

7. Appointment of new Chairman in the same meeting can be done

8. Quorum for such meeting shall be one –half

9. Chairman shall cease to hold office on passing the resolution

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Resignation &

removal of

chairman

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1. There shall be a full-time Chief Executive Officer of the Board who shall be a

Muslim and shall be appointed by the State Government, by notification in

the Official Gazette, from a panel of two names suggested by the Board and

who shall not be below the rank of Deputy Secretary to the State

2. Government, and in case of non-availability of a Muslim officer of that rank,

a Muslim officer of equivalent rank may be appointed on deputation.

3. The term of office and other conditions of service of the Chief Executive

Officer shall be such as may be prescribed.

4. The Chief Executive Officer shall be ex officio Secretary of the Board and

shall be under the administrative control of the Board.

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APPOINTMENT

OF

CEO

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(a) investigating the nature and extent of waqf properties in the state.

(b) Calling for necessary inventory of properties.

(c) Calling for accounts, returns and information from mutawallis;

(d) inspecting or causing inspection of properties and accounts, records,

deeds or documents relating thereto;

(e) doing generally of such acts as may be necessary for the control,

maintenance and superintendence of.

Powers of Chief Executive officer in respect of orders or resolutions of Board.—

Where the CEO considers that an order or resolution passed by the Board

(a) not been passed in accordance to law; or

(b) is in excess of or is an abuse of the powers or

(c) if implemented, is likely to—

(i) cause financial loss to the Board

(ii) lead to a riot or breach of peace; or

(iii) cause danger to human life, health or safety; or

(d) is not beneficial to the Board or to any waqf generally,

He may, before implementing such order or resolution, place the matter before

the Board for its reconsideration and, if such order or resolution is not confirmed

by a majority of vote, refer the matter to the State Government along with his

objections to & the State Government thereon shall be final.

DUTIES

OF

CEO


1. Any Waqf created shall be registered

2. Application for registration shall be made by the mutawalli

3. The application shall have all the information :

i. The Sanad of the property if it is old

ii Purpose for which the Waqf is created

iii Property registration, property card, 7 x 12 extract

iv Details of property location, area, demarcation of the property

v Shall name the mutwali (Manager)

vi Construction on the property

vii Gross income from property

viii Land revenue, rate and taxes paid annually

ix Estimated expenses on salary and other different heads

x The application shall accompany with the waqf deed

xi Finally the waqf board shall validate the property

REGISTRATION OF NEW AUQAFS

15

REGISTRATION OF

NEW

AUQAFS

THE RESERVE PRICE per sq. ft for lease of an immovable waqf property shall

(a) for hospitals, educational institutions and social sectors, be not less than 2% per

annum;

(b) for commercial activities, be not less than 2.5% per annum," of the market value

of the property.

3 months lease rent up to 1 year agreement

11 months lease rent up to 5 years agreement

18 months lease rent 5 years and up to 10 years agreement

24 months lease rent 10 years and up to 30 years agreement

Security Deposit

Monthly rent shall be payable on monthly bases in advance.

Mutwalli or his close relatives cannot lease the Waqf property in his favor

16

Lease duration shall be from three years upto thirty yews may be granted for the

purposes of carrying out any commercial activity, education or health purposes. with

the approval of the State Government and if the State Government fails to grant

permission within forty-five days, the permission shall be deemed to he granted:

LEASING RULESWe value your

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1. Every Mutawalli of a Waqf shall prepare a budget in estimating

receipts and expenditure for the financial year.

2. The budget shall be submitted by the mutawalli at least 30 [thirty

days] before the beginning of the financial year to the Board and

making adequate provision for the following:—

(i) for carrying out the objects of the waqf

(ii) maintenance and preservation of the waqf property;

(iii) for the discharge of all liabilities and subsisting commitments

binding.

3. In case the Board considers any item in the budget being contrary to

the objects of the waqf and the provisions of this Act, it may give

such direction for addition or deletion of such item as it may deem.

4. If in the course of the financial year the mutawalli finds it necessary

to modify the provisions made in the budget in regard to the receipt

or to the distribution of the amounts to be expended under the

different heads, he may submit to the Board a supplementary or a

revised budget. 17

RESPONSIBILITIES

OF MUTAWALLIWe value your

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Submission of Accounts

(1) Every mutawalli shall keep regular accounts.

(2) Before the 31st day of July every year,

The accounts of Auqaf submitted to the Board shall be audited and

examined in the following manner, namely:

(a) in the case of a waqf having no income or a net annual income not

exceeding [fifty thousand rupees], the submission of a statement of

accounts shall be a sufficient

(b) the accounts of the waqf having net annual income exceeding fifty

thousand rupees shall be audited annually, or at such other

intervals as may be prescribed, by an auditor appointed by the

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MAINTENANCE OF

ACCOUNTS AND AUDIT We value your

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1. State governments shall conduct survey every 10 years from the last date of

survey, submitting reports with following particulars:

(a) Shia and Sunni separately

(b) Nature and objects of each waqf

(c) Gross income from the property.

(d) Land revenue, cesses, rates & taxes payable for each waqf

(e) Expenses incurred in the realization of the income

(f) Such other particulars relating to each.

2 Waqf properties already notified shall not be surveyed again except where the

status has been changed.

3 The Revenue department to update all Waqf records in the land record

4. State Government to bear cost of survey

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SURVEY OF

AUQAFS

1. 7 % of their revenue with the State Waqf Board.

2. Waqf Boards shall pay 1% percent from its aggregate income to Waqf

council annually.

3. All monies received by the Council by way of donations, grants and

benefactions shall form a fund to be called the Central Waqf Fund

4. Central Waqf Fund shall be under the control of the Council and may be

applied for such purposes as the Council may deem fit.

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SHARING OF

MONEY We value your

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Contribution Summary Report of Maharashtra State Board of Waqf – year 2015-16

Contribution Summary Report of Maharashtra State Board of Waqf – year 2016-17

WAMSI RECORD NOT UPDATED WAQF RECORDS - MAHARASHTRA

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Contribution Summary Report of Delhi State Board of Waqf – year 2016-17

Contribution Summary Report of Delhi State Board of Waqf – year 2015-16

CHALLENGES FROM COMMUNITYWAQF RECORD - DELHI

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Contribution Summary Report of Karnataka State Board of Waqf – year 2016-17

Contribution Summary Report of Karnataka State Board of Waqf – year 2015-16

27,548 Wakfs are registered with Karnataka Waqf Board.

CHALLENGES FROM COMMUNITYWAQF RECORD - KARNATAKA

23

SUPREME / HIGH

COURT JUDGMENTS -

INDIA

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The exclusion of the jurisdiction of the Civil Courts to adjudicate upon disputes

whether a particular property specified in the wakf list is or is not a wakf property

or whether a wakf specified in list is a Shia wakf or a Sunni wakf is clear and

presents no difficulty whatsoever. The difficulty, however, arises on account of the

fact that apart from Section 6(5) which bars the jurisdiction of the Civil Courts to

determine matters referred to in Section 6(1), Section85 of the Act also bars the

jurisdiction of the Civil Courts to entertain any legal proceedings in respect of any

dispute, question or matter relating to a wakf property.

Civil Court does not have the right to entertain disputes

Related to Waqf Land. Only Waqf Tribunal to decide

Sh. Diwan Chand vs Delhi Wakf Board on 3 August, 2010

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SC / HC Judgments

Waqf Land

Only Waqf Tribunal

To decide

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Maharashtra State Board of Wakfs Vs. Shaikh Yusuf Bhai Chawla & Ors.

[Special Leave Petition (C) Nos.31288-31290 of 2011]

SUPREME COURT

It has been observed by supreme court, In the present case, the

difference between Trusts and Wakfs appear to have been

overlooked and the High Court has passed orders without taking

into consideration the fact that the Charity Commissioner would

not ordinarily have any jurisdiction to manage the Wakf properties.

26

SC / HC Judgments

Trust does not have

authority to address

Waqf issues

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27

Bhanwar Lal & Anr. Vs. Rajasthan Board of Muslim Wakf & Ors.,

(2014) 16 SCC 51).

“Once the property is declared to be a Wakf property, any

sale, whether the sale of such property is made by a person not

connected with the affairs of the Wakf or by a person dealing with

the affairs of the Wakf, the same becomes void by virtue of Section

51 of the Act unless it is proved that it was made after obtaining

prior permission of the Board as provided under the Act.

SC / HC Judgments

Waqf Property

Cannot be sold

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28

In the first place, the main question involved in the suit was whether the

suit land is a Wakf property or not. Plaintiff says that it is a Wakf property whereas the

defendants say that it is not the Wakf property but it is their self property. This question,

in our opinion, can be decided only by the Tribunal and not by the Civil Court as has

been decided by this Court consistently in Ramesh Gobindram vs. Sugra Hamayun Mirza

Waqf, (2010) 8 SCC 726 and Bhanwar Lal & Anr. Vs. Rajasthan Board of Muslim Wakf

&Ors.(2014)16 SCC 51)

Supreme Court has directed all the States to immediately take steps for

constituting a three member Waqf Tribunal, mandated by Section 83(4) of the Waqf Act.

The Bench issued these directives in an appeal against High court judgement wherein it

was held that the Waqf suit instituted before one member Waqf tribunal was not

maintainable.

The court said that the State has not done its mandatory duty as provided under Section

83 of the Act and the parties should not suffer for this lapse.

SC / HC Judgments

Waqf Property is or not

to be Only Waqf

Tribunal Absence of 3

member Tribunal,

Matter decided was

upheld

Rajasthan Wakf Board Vs. Devki Nandan Pathak & Ors.

Supreme Court Judgment [Civil Appeal No. 6310 of 2017 arising out

of SLP (C) No.13251/2014]

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Calcutta High Court, in Wards Vs. Ilahi Baksh, reported in ILR 40 Cal. 297, was also relied upon.

Then another judgment in Chhutkao Vs. Gambhir Mal, reported in AIR 1931 Oudh 45, was also

relied upon,

wherein the Oudh High Court has held, that there is no evidence about dedication of the land,

“but if it is a takiya, there is reason for presuming a dedication, where a plot of land is described

as takiya, and has been used for many years as a place for burial by Mahommedans, whether

they are members of one family or not, a presumption arises, that there is a Wakf by user, and

that burial of dead in a plot of land for a long period of years is proof, of Wakf by user, rather it is

one of the strongest proofs. A quotation from Mr. Ameer Ali was quoted, wherein it was said as

under:-

"A cemetery or graveyard is consecrated ground and cannot be sold or partitioned. Even lands

which are not expressly dedicated but are covered by graves, are regarded as consecrated and

consequently inalienable and non-transferable.”

Allahabad High Court, in Sheo Raj Chamar & Anr. Vs. Mudeer Khan & Ors., reported in

AIR 1934 Allahabad 868,

“ wherein the origin of the grant or dedication was lost in antiquity, but graveyard existed

from time immemorial, the stoppage will not convert the graveyard, which was once a Wakf

property, into a private property, inasmuch as, a public graveyard will always vest in public, and

cannot be divested by non-user.”

SC / HC Judgments

Waqf By

User

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Hon'ble Supreme Court in Mohammad Shah Vs. Fashihuddin Ansari reported

in 1956 SC-713, Wakf - Wakf how may be created.

As a matter of law a wakf normally requires express dedication but if land has

been used for time immemorial for a religious purpose then the land is by user wakf

although there is no evidence of an express dedication.

Thus, where to the original mosque, which is proved to be a wakf property, an

area is added by the mutawallis by way of construction of rooms and this area is used

by the public for religious purposes along with the old mosque then if the has been

made into a separately demarcated compact unit for a single purpose, namely

collective and individual worship in the mosque, it must be regarded as one unit and

be treated as such. The whole becomes accordingly wakf by user.

Mutawalli cannot take up such a position. If the Mutawallis of a mosque choose

to build on part of the mosque property in such a way as to integrate the whole into

one unit then the Court is bound to regard this as an accretion to the estate of which

they are trustees, and they will be stopped from adopting any other attitude because

no truster can be allowed to set up a title adverse to the trust or be allowed to make a

benefit out of the trust for his own personal ends.

Waqf by User

SC / HC Judgments

Waqf By

User


PROCESS OF

DOCUMENTING THE

WAQF PROPERTIES

31

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CURRENT STATUS OF

WAQF IN INDIA

32

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Bangalore: Developed on about five acres of land, the Windsor Manor hotel was till

recently giving the board a rent of Rs 12,000 a month for a property worth Rs 500 crore.

The Waqf Trubunal has asked the Hotel to vacate the land

Mumbai: The Maharashtra Wakf Board got a just Rs 16 lakh for 4,532 square metres in

the upscale Altamont Road on which none other than Mukesh Ambani has constructed a

27 story building as his home

Chennai: In 1997, the Tamil Nadu Wakf Board took the decision to outright sell 1,710

square feet of land in the commercialized High street in Madras for a paltry Rs 3 lakh

Faridabad: The Wakf board has been giving out about five acres of land on 11-month

leases for several years at a ridiculously low rent between Rs 500 and Rs 1,500 per month.

Meerit: Wakf property in 1973, 14 acres of this Rs 60-crore property was allegedly sold for

Rs 8 crore to Nirman Bharti Developers

CURRENT STATUS OF

WAQF IN INDIA

BANGALORE: A report on the alleged scam of over Rs. 2 lakh crore, involving the Wakf

Board land. Wakf Board's 54,000 acres of registered land, there has been misuse of about

22,000 to 27,000 acres. "Many middlemen, land mafia and politicians have been involved

in the scam...Misappropriation of Wakf land has taken place in city areas rather than in

rural areas...About 85 per cent of misappropriation has happened in city areas," he said.

Government of India Ministry of Home Affairs

The Central Government has withdrawn from the acquisition of the below

mentioned Wakf properties under the control of Land and Development Office and

Delhi Development Authority (DDA) subject to the following conditions, namely:-

3. After withdrawal from the acquisition, the titles of the aforesaid

properties shall revert to the original owners namely, the Delhi Wakf Board or

Mutawalis, as the case may be.

1. No compensation shall be paid by the Government or Delhi Development

Authority or other Government entities in respect of such properties.

2. Case filed by the Delhi Waqf board shall be withdrawn on all the 61

properties from Land Development Office – Delhi and 62 properties from

Delhi Development Authority before the transferred to Waqf Board - Delhi

ALL THESE PROPERTIES ARE LOCATED IN HIGH-VALUE AREAS such as Connaught

Place, Janpath, Ashok Road, Babar Road, Lodhi Road, Mathura Road, Pandara Road,

Jungpura, Karol Bagh, and Daryaganj.

CURRENT STATUS OF

WAQF IN INDIA We value your

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1. The transfer of ownership rights allowed the Delhi Wakf Board construction &

renovate.

2. Since most of these property have been encroached, hence along with Ownership

rights to remove encroachments shall be permitted to Waqf Board.

3. Indraprastha unit of the Vishwa Hindu Parishad (VHP) challenged the transfer of

123 waqf properties to Waqf Board in the Delhi high court.

4. Later, after the NDA came to power, the Hindu right-wing organisation wrote to

urban development minister to review the UPA decision. The ministry had sought

legal opinion to verify if the rulebook was followed during the transfer of

ownership.

5. In August 2014, the high court disposed of the VHP petition, “… leaving it open to

the respondents No 1&2 (Union of India and L&DO) to take an appropriate decision.

Till such time, status quo to be maintained, meaning properties remained with

Govt.

6. An association, representing traders-tenants, also claimed the Waqf properties

were being used by them for over 80 years and they have paid donations to the

tune of Rs 60 to Rs 80 lakh. Waqf properties tenant-traders from Delhi, Haryana,

Punjab, Himachal Pradesh, Rajasthan and Uttar Pradesh took part in the protest

held at Jantar Mantar.

CURRENT STATUS OF

WAQF - DELHI

• In nearly 18 states and Union Territories in the country, the post of Chief

executive officer of the Waqf boars has no full time occupant. The post is

held by officers as “Additional charge” in these states

• New Delhi: Under the new Chairman Amanatullah Khan, the Delhi Waqf

Board is gearing up to review the rent of its properties to boost resources and

undertake welfare program for the Muslim community in the city.

• Uttar Pradesh Sunni Central waqf Board had told the NGO that cost of

information sought on management of listed waqf property was about Rs 4

lakh and would be furnished after it deposited the money.

• 4,000 illegal occupants are in possession of a property in Calcutta known as

the Mysore Family Fateha Fund Waqf Estate

CURRENT STATUS OF

WAQF IN INDIA We value your

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1. More than 4.9 lakh registered Wakfs in India.

2. The total area under Wakf properties is estimated at about 6 lakh

acres.

3. The market value of these properties will be 2 – 3 lack crores.

4. Large number of Waqf properties are found in Urban areas.

5. A recent estimate of the current value of Wakf properties in Delhi

alone is in excess of Rs. 6,000 Crores .

6. The current annual income from these properties is only about Rs.

163 crores, which amounts to a meager rate of return of 2.7 per

cent.

7. If these properties are put to efficient and marketable use they can

generate at least a minimum return Rs. 15,000 – 20,000 crores P.A.

8. More than three time the number of waqf properties are not

registered with the Waqf board. 37

Report PM’s High

Level Committee

Status of MuslimsWe value your

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38

CURRENT STATUS OF

WAQF IN INDIA

Maharashtra Waqf

Boards Financials

Year Income Expenditure Difference Borrowed

2004-05 2845610 4607205 1761595 33,95,299

2005-06 2002559 8127725 6125166 32,09,710

2006-07 3930138 7260898 3330760 32,40,741

Total 8778307 19995828 11217521 69,56,750

Previous Balance 2,36,52,889

Total Loan 2,68,93,630

Wakf Fund”: Wakf fund head is the only head wherein all kinds of receipts to the Board

is deposited and all kinds of expenditure for its functions are to be incurred. The salary

of staff is to be paid from this head only . The income and expenditure of the head for

last three years is as under :

The receipts of Wakf fund are short of its expenditure. The difference is managed by

temporary diversion of funds from Institution’s head.

Financial position of Maharashtra Wakf Board http://www.mahawakf.com/

CHALLENGES FACED BY THE

COMMUNITY FROM:

i. Waqf Board

ii Government

iii Its own community

39

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1. Appointment of CEO

2. Biggest nuisance is corrupt members of our community, they are the one who are

involved in destroying the waqf properties for their own benefit.

3. Quite a few Waqf Board members represent Political Parties

4. Conflict among the waqf board members

5. No / slow action on complains and new registration

6. Record not updated on the property

7. Collection of revenue and audit of waqf properties missing

8. Nexus between few of the waqf board staff and the Lawyers (Advocates)

9. Most of the community members are illiterate on the subject.

10. Our Imams are ignorant on the subject & hence do not speak on during Friday Khubta

11. Mutawallies / Trustees are ignorant on the Waqf Act hence do not know the

responsibility and accountability.

12. Government itself has acquired Waqf Land and has neither vacated or paying fair

market rent.

13. Quite a few Waqf cases pending with Charity Commissioner has not been transferred

to waqf Board.40

CHALLENGES

41

Ex Prime Minister

Mrs. Indra Gandhi

HOW WAQF PROPERTIES

CAN HELP IN THE

COMMUNITY & THE

NATION

42

1. Waqf property always remain in existence only its proceeds is utilized.

2. The Proceeds are utilized for the underprivileged / relatives & also for people who

managed.

3. Building Primary, High school, colleges & universities

4. Construct housing for economically backward at low rent

5. Hospitals facilities at low professional fees for everyone, Social security

6. Manufacturing Facilities for small & medium companies.

7. Provide farm land for agriculture to needy.

8. Sports facilities.

9. Facilities for people suffering from natural calamities.

10. Masjid, Grave yard, Madarassas

11. Community Centers for addressing issues, library , Hostels

12. Conference & marriage Hall

13. Projects are developed in Waqf properties revenue can be generate for the government

14. Reduce the government expenses on social welfare 43

HOW WAQF PROPERTIES

CAN HELP IN THE

DEVELOPMENT OF THE

COMMUNITY


44

WHAT IS EXPECTED

FROM THE COMMUNITY?

We request our Associated from each city to identify

One Waqf property and develop it:

Knowledge Park Trust Shall provide you free legal and

Technical advise to:

1. Regularize the property as Waqf Property.

2. Guide in the area of collection documents

3. Forming of Committee / New Committee

4. Making of scheme on the waqf property

We value your

emotions


KNOWLEDGE PARK CHARITABLE TRUST WAQF

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