Waqf Board, Functions, Legal Provision, Waqf Property

Waqf is permanent dedication of movable or immovable property for religious, pious, or charitable purposes under Islamic law. In India, waqf properties include mosques, graveyards, schools, orphanages, hospitals and shelter homes. Once a property is declared waqf, it becomes irrevocable and non transferable because ownership is considered to vest in God. The system is governed by specific legislation and supervised through a structured institutional framework to ensure lawful administration, protection of assets and utilization of income strictly for community welfare objectives.

Waqf Board in India

A Waqf Board is a statutory body that manages properties permanently dedicated for religious, pious, or charitable purposes under Islamic law. It is a corporate entity that can acquire, hold, manage and transfer property and can sue or be sued in court. It administers waqf assets created through a deed, instrument, or long continued religious or charitable usage. The creator, known as the waqif, must be of sound mind and lawful owner of the property. Waqfs may be public for community welfare or private for descendants, but in all cases the dedication is permanent and cannot be reversed.

Waqf Board Organization

The governance structure ensures supervision at central and state levels through statutory composition and regulated representation. The organization and working of the Waqf Board in India is highlighted below:

Central Waqf Council

• It is the National Apex Body established in 1964 under the Waqf Act, 1954 and continued under the Waqf Act, 1995, it functions under the Ministry of Minority Affairs as the top advisory authority.
• Chairperson: The Union Minister in charge of Waqf serves as Chairperson, heading the Council and guiding national level policy direction.
• Members: Up to 20 members are appointed by the Government of India to advise on uniform administration and governance standards.
• Function: The Council supervises and advises all State Waqf Boards to ensure consistency, compliance and coordinated policy implementation.

State Waqf Boards

• These are Primary Administrative Units which are constituted in every state under the Waqf Act, 1995, these Boards directly manage and regulate waqf properties within state jurisdiction.
• Chairperson: Heads the State Waqf Board, presides over meetings and oversees execution of decisions and property administration.
• Chief Executive Officer (State Level Executive Authority): Appointed under Section 23, acts as administrative head and ex officio secretary, responsible for implementation of Board resolutions.
• Government Nominees: One or two members nominated by the State Government ensure regulatory linkage and administrative coordination.
• Legislative Representatives: Muslim Members of Parliament and State Legislatures are included to incorporate representative participation in governance.
• Legal Experts: Muslim members of the State Bar Council provide legal expertise in dispute resolution and statutory compliance.
• Recognised Islamic Scholars: Scholars of Islamic theology ensure that property management aligns with religious principles and donor intentions.
• Mutawali Representatives: Managers of waqfs with annual income of Rs 1 lakh or above participate to reflect ground level administrative experience.
• Sunni and Shia Waqf Boards: Separate Sunni and Shia Boards function in relevant states to address sect specific religious and administrative requirements.
• Non Muslim Representation Cap: As per recent judicial directions, State Boards may include not more than 3 non Muslims and the Central Council not more than 4, ensuring minority character remains protected.

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Waqf Board Functions

The Waqf Board performs regulatory, supervisory, financial and developmental roles for effective waqf management.

• Property Administration: It supervises mosques, graveyards, educational institutions and charitable establishments to ensure usage strictly matches declared religious or welfare objectives.
• Revenue Collection: It ensures systematic collection of income from waqf assets and channels funds into education, healthcare, orphan support and poverty relief programmes.
• Recovery of Encroachments: The Board initiates legal action to reclaim illegally occupied waqf lands and restore them for lawful charitable utilization.
• Approval of Transfers: Sale, mortgage, exchange, gift, or lease of immovable waqf property requires approval by at least two thirds of Board members.
• Appointment of Custodians: It appoints managers and supervisory officials to safeguard property and ensure income is not diverted from designated purposes.
• Registration and Records: All waqfs must be registered and central registers are maintained for documentation, inspection and verification.
• Budget Preparation: Annual financial statements and maintenance budgets are prepared to promote fiscal discipline and structured expenditure.
• Audit and Transparency: Regular audits are conducted to prevent misuse, strengthen accountability and improve administrative efficiency.
• Dispute Handling: Waqf related disputes are addressed through statutory mechanisms including tribunals and, under recent reforms, judicial oversight.
• Digitalisation Efforts: Modern reforms promote digital record management to enhance transparency, tracking and public accountability.

Waqf Board Legal Provisions

The Waqf Boards in India are managed by several legal regulations as highlighted below:

• Waqf Act 1954: This Act provided the initial statutory basis for regulating waqf properties in independent India and led to the establishment of the Central Waqf Council in 1964 for national level supervision.
• Waqf Act 1995: It replaced the 1954 law and introduced a comprehensive governance structure, establishing State Waqf Boards, defining powers of Chief Executive Officers and mandating structured administration of waqf assets.
• Waqf (Amendment) Act 2013: This amendment strengthened transparency measures, improved documentation standards, enhanced oversight powers of Boards and reinforced accountability in record keeping and inspections.
• Waqf (Amendment) Act 2025: This reform modernised waqf administration by introducing documentary proof requirements, judicial review provisions, centralised registration, inclusivity in representation and safeguards for stakeholder rights.
• Mussalman Wakf Act 1923 (Repealed in 2025): This colonial era legislation governed certain waqf categories and its repeal consolidated all regulation under a unified modern statutory framework.
• UMEED Portal (2025): The government of India has launched a portal for the mandatory registration of Waqf along with details of the Waqif as well as land boundaries.

Waqf Board Property in India

Waqf Properties in India constitute one of the largest categories of religious charitable land holdings.

• The Waqf Management System of India records approximately 8.5 million properties spread across more than 8 million hectares of land.
• These include agricultural land, urban plots, buildings, mosques, dargahs, cemeteries, schools, colleges and hospitals.
• Income generated supports widows, divorced women, economically weaker Muslim communities and marginalized groups including Pasmanda sections.
• Several medieval mosques and dargahs fall under waqf administration.
• In 2014, About 123 prime properties linked to the Delhi Waqf Board were examined following Supreme Court directions and committee review.
• Authorities such as the Delhi Development Authority have acted to remove illegal occupations near protected heritage areas.
• The Union Government clarified that Boards act as trustees of waqf properties rather than absolute owners.
• Ownership is deemed to vest in God, ensuring assets remain permanently dedicated for charitable and religious purposes.
• The 2025 amendment mandates registration of all waqf properties within six months under a centralised system.
• Efficient management of such vast land resources directly influences educational, religious and welfare infrastructure serving millions.