ABSTRACT

The Wakf Act 1995 in chapter 4 provides for the establishment of Wakf Boards in every state. It deals with incorporation, composition, powers and functions of the Waqf Boards under sections 13 to 35. It makes a provision for a separate Shia Waqf Board if the number of Shia Waqfs are more than 15 per cent of all the auqaf in the State or if the income of the properties of the Shia auqaf in the State constitutes more than 15 per cent of the total income of the properties of all the auqafs in the State. Section 2A has been inserted in this regard. It also makes a provision for the nomination of Senior Advocate of State concerned, if the Muslim Member of the State Bar Council is not available. The Waqf Board can conduct an inquiry against the mutawalli or waqf institution and its properties to ascertain the factual position and to initiate suitable action as per law.