The matters concerning the working of the Wakf
The Act provides for the survey of all wakfs and registration of wakfs. A Central Wakf Council is stipulated to be established for over-seeing, advising and looking after the working of Wakf Boards. The Act also stipulated to establish Wakfs Boards in each State, if necessary, separate Wakf Boards of Shia and Sunni Wakfs. The Wakf Board is the main instrumentality for the management of wakfs.
Survey of Wakfs:
Each State Government is required to appoint a Survey Commissioner of Wakfs and also Additional or Assistant Survey Commissioners as the need may be. The Survey Commissioner, after making survey of all wakfs in the State makes a report to the State Government giving the following particulars:
(a) The number of wakfs in the State showing the Shia wakfs and Sunni Wakfs separately;
(b) The nature and objects of each wakf;
(c) The gross income of the property comprised in each wakf;
(d) The amount of land revenue, cesses, rates and taxes payable in respect of each wakf;
(e) The expenses incurred in the realisation of the income and the pay or other remuneration of the mutawalli of each wakf; and
(f) Such other particulars relating to each Wakf as may be prescribed.
The total cost of survey is required to be borne by the mutawallis of those wakfs whose annual income exceeds five hundred rupees. The payment is to be made in proportion to the net annual income of Wakf accruing in the State.
Sub-section (2) of Section 7 lays down that “except where the Tribunal has no jurisdiction by reason of the provisions of sub-section (5), proceeding under this section in respect of any Wakf shall not be stayed by any court, Tribunal or other authority by reason only of the pendency of any suit, application or appeal or other proceeding arising out of any such suit, application, appeal or other proceeding”.
Sub-section (5) further lays down that the Tribunal shall not have jurisdiction to determine any matter which is. the subject-matter of any suit or proceeding instituted or commenced in a civil court under sub-section (1) of Section 6, before the commencement of this Act or which is the subject-matter of any appeal from the decree passed before such commencement in any such suit or proceeding or of any application for revision or review out of such suit, proceeding or appeal, as the case may be.
Central Wakf Council:
Section 9 of the Act stipulates for the establishment of Central Wakf Council for the purpose of advising the Central Government on matters concerning the working of the Wakf Boards and due administration of wakfs. The Central Wakf Council will consist of:
(a) The Union Minister in charge of wakfs ex officio Chairman;
(b) The following members to be appointed by the Central Government from amongst Muslims, namely:
(i) Three persons to represent Muslim organizations having all India character and national importance;
(ii) Four persons of national eminence of whom two shall be from amongst person having administrative and financial expertise;
(iii) Three Members of Parliament of whom two shall be from the House of the People and one from the Council of States;
(iv) Chairpersons of three Boards by rotation;
(v) Two persons who have been Judge of the Supreme Court or a High Court;
(vi) One advocate of national eminence;
(vii) One person to represent the mutawallis of the Wakf having a gross annual income of rupees five lakhs and above;
(viii) Three persons who are eminent scholars in Muslim Law.
Finance of the Council:
Every Wakf Board is required to pay from its Wakfs Fund annually one per cent of the aggregate of the net income of the wakfs in respect of which contribution is payable. The council may also receive money by way of donations, benefactions and grants. Such moneys will constitute the Central Wakf Fund.