The Central Waqf Council (CWC) is an important statutory body in India, operating under the Waqf Act of 1995. Established with the aim of overseeing and advising on the administration of Waqf properties, the council plays a pivotal role in regulating these assets that are dedicated for religious, charitable, or pious purposes under Muslim law. The act of dedicating such properties is known as Waqf, and the individual who makes this dedication is called a Wakif.
Historical Background and Evolution of Waqf Legislation
Waqf boards in India have a long history dating back to British colonial rule in 1913, when the first Waqf boards were formed. The Mussalman Waqf Act of 1923 was the first legislation aimed at regulating these boards and their operations. Fast forward to post-independence India, the Central Waqf Council was set up in 1964 under the Waqf Act of 1954, serving as an advisory body to the central government regarding the administration of Waqf properties. Later, the Waqf Act of 1995 replaced this earlier legislation, empowering the council with more comprehensive functions.
The Role and Structure of Waqf Boards
At the state level, the State Waqf Boards are established by individual state governments to manage, regulate, and protect Waqf properties. These boards have the authority to create district and mandal committees and manage specific Waqf institutions. They are corporate entities with perpetual succession, capable of acquiring and holding property.
An important provision in the Waqf Act is the formation of a separate Shia Waqf Board in states where Shia Waqf properties make up 15% or more of the total Waqf properties.
Here are some of the major state Waqf boards:
- Telangana State Waqf Board
- Assam Waqf Board
- Bihar State Sunni Waqf Board
- Bihar State Shia Waqf Board
- Delhi Waqf Board
- Gujarat Waqf Board
- Haryana Waqf Board
- Karnataka Waqf Board
- Kerala Waqf Board
- Madhya Pradesh Waqf Board
- Maharashtra Waqf Board
- Rajasthan Waqf Board
- Tamil Nadu Waqf Board
- Uttarakhand Waqf Board
- West Bengal Waqf Board
There are 30 Waqf Boards across India, spanning 28 states and Union territories. However, regions like Goa, Arunachal Pradesh, Nagaland, Mizoram, and Sikkim, along with Daman and Diu, do not currently have Waqf boards. Notably, Jammu and Kashmir are exempt from the Waqf Act of 1995.
Waqf Properties: A Vast Untapped Resource
A report by Justice Shashvat Kumar in 2011 revealed that Waqf properties in India constitute a land bank worth a staggering Rs. 1.2 lakh crore. These properties could have generated an estimated Rs. 12,000 crores annually, but only Rs. 163 crores were realized, highlighting significant inefficiencies. One of the key findings was the shortage of Muslim senior government officers qualified to manage Waqf affairs, underscoring the need for a dedicated cadre of professionals.
Success Stories: The Haryana Waqf Board
Despite the challenges, some state Waqf boards have shown notable progress. The Haryana Waqf Board recorded an all-time high income of Rs. 17.03 crore in 2010–11, which marked a Rs. 3.33 crore increase compared to the previous year. The board allocated Rs. 6.47 crore in its 2011–12 budget for educational and welfare activities, showing the potential for positive change in Waqf management.
Challenges: Corruption and Mismanagement
Unfortunately, corruption, land encroachments, and misappropriation of funds have plagued both central and state Waqf boards. One of the most infamous cases was the Karnataka Waqf Board Land Scam, where Waqf properties were allegedly misused for personal gain, leading to widespread public concern.
Conclusion
The Central Waqf Council and State Waqf Boards play an essential role in the protection, regulation, and administration of Waqf properties in India. However, inefficiencies, underutilization of assets, and instances of corruption continue to impede their full potential. As the council and boards evolve, greater transparency, better management practices, and a dedicated cadre of professionals will be key to unlocking the vast potential of Waqf properties for the welfare of the community.
Disclaimer: The government continues to address these issues, and reforms are needed to ensure that Waqf properties are managed effectively for the public good.