CENTRAL WAQF COUNCIL

Establishment and constitution of Central Waqf Council.

§9

Summary

CHAPTER III CENTRAL 1[WAQF] COUNCIL 9. Establishment and constitution of Central 1[Waqf] Council.--- 2[(1) The Central Government may, by notification in the Official Gazette, establish a Council to be called the Central Waqf Council, for the purpose of advising the Central Government, the State Governments and the Boards on matters concerning the working of Boards and the due administration of auqaf. (1A) The Council referred to in sub-section (1) shall issue directives to the Boards, on such issues and in such manner, as provided under sub-sections (4) and (5).] 3[(2) The Council shall consist of--- (a) the Union Minister in charge of waqf---Chairperson, ex officio; (b) three Members of Parliament of whom two shall be from the House of the People and one from the Council of States; (c) the following members to be appointed by the Central Government from amongst Muslims, namely:--- (i) three persons to represent Muslim organisations having all India character and national importance; (ii) Chairpersons of three Boards by rotation; (iii) one person to represent the mutawallis of the waqf having a gross annual income of five lakh rupees and above; (iv) three persons who are eminent scholars in Muslim law; (d) two persons who have been Judges of the Supreme Court or a High Court; (e) one Advocate of national eminence; (f) four persons of national eminence, one each from the fields of administration or management, financial management, engineering or architecture and medicine; (g) Additional Secretary or Joint Secretary to the Government of India dealing with waqf matters in the Union Ministry or department---member, ex officio: Provided that two of the members appointed under clause (c) shall be women: Provided further that two members appointed under this sub-section, excluding ex officio members, shall be non-Muslim.] (3) The term of office of, the procedure to be followed in the discharge of their functions by, and the manner of filling casual vacancies among, members of the Council shall be such as may be prescribed by rules made by the Central Government. 4[(4) The State Government or, as the case may be, the Board, shall furnish information to the Council on the performance of Waqf Boards in the State, particularly 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 may be specified by the Council and it may suo motu call for information on specific issues from the Board, if it is satisfied that there was prima facie evidence of irregularity or violation of the provisions of this Act and if the Council is satisfied that such irregularity or violation of the Act is established, it may issue such directive, as considered appropriate, which shall be complied with by the concerned Board under intimation to the concerned State Government. (5) Any dispute arising out of 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 Judge of the Supreme Court or a retired Chief Justice of a High Court and the fees and travelling and other allowances payable to the Presiding Officer shall be such as may be specified by that Government.]

<center class="font1">CHAPTER III CENTRAL 1[WAQF] COUNCIL</center> 9. Establishment and constitution of Central 1[Waqf] Council.--- 2[(1) The Central Government may, by notification in the Official Gazette, establish a Council to be called the Central Waqf Council, for the purpose of advising the Central Government, the State Governments and the Boards on matters concerning the working of Boards and the due administration of auqaf. (1A) The Council referred to in sub-section (1) shall issue directives to the Boards, on such issues and in such manner, as provided under sub-sections (4) and (5).] 3[(2) The Council shall consist of--- (a) the Union Minister in charge of waqf---Chairperson, ex officio; (b) three Members of Parliament of whom two shall be from the House of the People and one from the Council of States; (c) the following members to be appointed by the Central Government from amongst Muslims, namely:--- (i) three persons to represent Muslim organisations having all India character and national importance; (ii) Chairpersons of three Boards by rotation; (iii) one person to represent the mutawallis of the waqf having a gross annual income of five lakh rupees and above; (iv) three persons who are eminent scholars in Muslim law; (d) two persons who have been Judges of the Supreme Court or a High Court; (e) one Advocate of national eminence; (f) four persons of national eminence, one each from the fields of administration or management, financial management, engineering or architecture and medicine; (g) Additional Secretary or Joint Secretary to the Government of India dealing with waqf matters in the Union Ministry or department---member, ex officio: Provided that two of the members appointed under clause (c) shall be women: Provided further that two members appointed under this sub-section, excluding ex officio members, shall be non-Muslim.] (3) The term of office of, the procedure to be followed in the discharge of their functions by, and the manner of filling casual vacancies among, members of the Council shall be such as may be prescribed by rules made by the Central Government. 4[(4) The State Government or, as the case may be, the Board, shall furnish information to the Council on the performance of Waqf Boards in the State, particularly 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 may be specified by the Council and it may suo motu call for information on specific issues from the Board, if it is satisfied that there was prima facie evidence of irregularity or violation of the provisions of this Act and if the Council is satisfied that such irregularity or violation of the Act is established, it may issue such directive, as considered appropriate, which shall be complied with by the concerned Board under intimation to the concerned State Government. (5) Any dispute arising out of 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 Judge of the Supreme Court or a retired Chief Justice of a High Court and the fees and travelling and other allowances payable to the Presiding Officer shall be such as may be specified by that Government.]

Footnotes

1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).
2. Subs. by s. 11, ibid., for sub-section (1) (w.e.f. 1-11-2013).
3. Subs. by s. 11, ibid., for sub-clause (ii) (w.e.f. 1-11-2013).
4. Ins. by s. 11, ibid. (w.e.f. 1-11-2013).

← Previous Section Next Section →

Explore this Chapter