Formation and Working of the WAQF Council

Click here for definitions, board of awqaf, registration process, accounts of WAQF ACT, 1955

• Chapter III of the act talks about the waqf council. Section 9 of the act gives the provision of the establishment of a waqf council.
• The CWC is an apex council that deals with waqf and related issues. It is necessary to give priority to this topic because it is relevant and pertains to the welfare of the Muslim community. Initially, the CWC was formed to provide advice on waqf and related matters to the Ministry of Minority Affairs, the Government of India, state governments, and state waqf boards.
• Any dispute arising from a directive issued by the council under section 9 (4) must be referred to a Board of Adjudication, which must be formed by the central government and presided over by a retired Supreme Court judge or Chief Justice of the High Court.
• The Central Waqf Council is formed and constituted. (1) The Central Government may, by notification in the Official Gazette, create a Council to be known as the Central Waqf Council for the purpose of advising the Central Government, State Governments, and Boards on matters relating to the functioning of Boards and the proper administration of awqaf. The Council referred to in subsection (1) shall issue instructions to the Boards on the issues and in the manner set forth in subsections (4) and (5).
• The Council shall be composed of the following members: (a) the Union Minister-in-charge of Waqf—ex officio Chairperson; (b) the following members to be appointed by the Central Government from among Muslims, namely:

1. three persons to represent Muslim organizations of all-India character and national importance;
2. four persons of national eminence, one each from the fields of administration or management, finance, and law;
3. three Members of Parliament, two from the House of People and one from the Council of States;
4. rotating Chairpersons of three Boards;
5. two Supreme Court or High Court Judges;
6. one national eminent Advocate;
7. one person to represent the mutawallis of the waqf with a gross annual income of rupees five lakhs and above;
8. Three eminent scholars in Muslim Law

• The term of office of members of the Council, the procedure to be followed in carrying out their duties, and the manner of filling casual vacancies among them shall be as specified by rules made by the Central Government.
• The State Government or, as the case may be, the Board shall provide information to the Council on the performance of Waqf Boards in the State, especially on their financial performance, survey, maintenance of waqf deeds, revenue records, encroachment of waqf properties, annual reports, and audit reports, in the manner and time as the Council may specify, and the Council may suo motu call for information.
• Any dispute arising from a directive issued by the Council under sub-section (4) shall be referred to a Board of Adjudication to be constituted by the Central Government, to be presided over by a retired Supreme Court Judge or a retired Chief Justice of a High Court, and the fees, travelling, and other allowances payable to the Presiding Officer shall be as specified by that Board.
• The Waqf Act of 1995 specifies the financial arrangements for the Central Waqf Council. According to Section 10 of the act, each state waqf board must pay the council 1% of the waqf's net annual profits.
• The Central Waqf Fund will receive all funds raised by the council from the state waqf boards, as well as all gifts, benefactions, and grants. The Central Waqf Council will have full control over the Central Waqf Fund and will be able to make guidelines for the Central Waqf Fund.
• The Central Waqf Council is required by Section 11 of the Waqf Act of 1995 to keep certain books of account in the form and manner prescribed by the Central Government. The central government's auditor is responsible for auditing and inspecting these books on an annual basis. The audit's costs will be covered by the Central Waqf Fund.

Click here for Judicial Proceedings Of The Waqf Act of 1995