In India, which has the second largest Muslim population in the world, ... in the last 800 years, large number of movable as well as immovable properties have been dedicated, for the purpose recognised in Islam as religious, pious or charitable and have been categorised as Auqaf properties ... Wakf is contrary to the concept of modern trusts as the property is not vested in a Trust but in God and is therefore, is perpetual, irrevocable and inalienable ..

Various surveys and compulsory registration in the Waqf boards reveal that about three lakh Waqfs have so far been registered all over the country, so far. On the basis of this, it can be claimed that India has the largest number of Auqaf ... We have never been satisfied with the surveys and registrations. There has been persistent dissatisfaction over the functioning of the Auqaf and of the Waqf Boards. The genuineness of this concern cannot be questioned ... Most of the Waqf properties in India are in the form of land and, (therefore, subject to) litigation and encroachment unless protected and maintained properly ..

The protection (was) withdrawn under the British rule. This destroyed the very fabric of Auqaf management. Development during British Rule (Under the British Rule) Regulation XIX of Bengal Code, 1810, and Regulation VI of Madras Code, 1817, vesting general superintendence of the Waqf in several districts in the Board of Revenue, was promulgated but all that did not make any improvement in the situation till the enactment of The Religious Endowment Act, 1863 reflected a fundamental change in the perception of the British government regarding the responsibility of the state for proper Waqf administration. As per the provision of the Act, all religious establishments under the possession of the Board of Revenue or legal agents were transferred to the trustees and legal committees that were appointed to exercise the power of the Board of Revenue.

This was followed by Qazi Act 1864, and Charitable Endowment Act, 1890.

But the basic problem was (that) inasmuch as the English law of Waqfs differed substantially from the English law of trust, ... the English courts pronounced judgements contrary to the Shariat. The judgement of the Privy Council in the Abdul Fatah Mohammad Isak case snatched the power of the Muslims to establish Waqf alal-Aulad for the benefit of one's own family ... The Waqf Validating Act, 1913, restored the right to create Waqf alal-Aulad ... The Official Trustee Act 1913, covered the Waqfs meant mainly for charitable purpose. The Charitable and Religious Trusts Act, 1920, strengthened the administration of charitable and religious trust.

The Musalman Waqf Act, 1923, ensured audit of accounts of mutawallis. Several Waqf acts were also passed by the State Government to augment the Waqf administration ...

Development in the Post-Independence Period .. The Central Waqf Act, 1954 ... was a milestone in the evolution of the Waqf legislation and a big step in the betterment of the Waqf administration. The Act repealed most of the earlier Acts and covered the entire country except W. Bengal, UP, Maharashtra and Gujarat (except Kutch) ... However, the actual working of the Waqf Act, 1954 manifested many deficiencies, leading to amendments in the years 1959, 1964, 1969 and 1984, finally leading to the passage of the Waqf Act, 1995 ...

The Waqf Act, 1995 has been regarded as a very good piece of legislation ... by legal experts. It is applicable to the entire country except Jammu & Kasumir and Dargah, Khawaja Saheb, Ajmer ... It has also made the constitution of Waqf boards more democratic with (wider representation and) the predominance of elected members ...

This (democratic) character ... may improve the functioning of the Auqaf and of the Waqf boards ... The powers vested with the chief executive officer of the boards to serve notice on encroachers of Waqf property and to take assistance of the sub-divisional magistrates in case the encroacher does not vacate the Waqf property is a new provision in the direction. Moreover, in contrast to a normal limitation of twelve years in the Waqf Act, 1954, (which was raised to thirty years by an amendment in 1984), (under the) Waqf Act, 1995, there is no limitation of time for filing suits for recovery of Waqf properties under adverse possession. The Act also imposes restrictions of mutawallis on sale, exchange, mortgage of immovable properties of the Waqf. The leasing of Waqf property is now possible only through a public notice, which may lead to transparency and better income.

Contrary to the previous Act, now Waqf properties of religious character such as Dargahs, Khanqahs and mosques cannot be alienated, except strictly under the law. There is a provision for setting up tribunals in each state to resolve disputes relating to Waqf property expeditiously...

For the first time, for erring mutawalli(s) fine and penalties of removal from the post and imprisonment had been evolved for their acts of omission and commission and their failure to get Waqf properties registered with the Waqf board.

The Waqf Act, 1995 still in the process of implementation all over the country is bound to make the Waqf administration more (effective) and uniform ...

Implementation of Waqf Act, 1995 The Waqf Act, 1995, passed by Parliament in November, 1995 ... New Waqf boards have been constituted seven states and three union territories: Andhra Pradesh, Gujarat, Karnataka, Madhya Pradesh, Meghalaya, Tamil Nadu, West Bengal, Dadra and Nagar Haveli, Delhi and Lakshadweep ... The State Governments/Union Territory administrations that have already constituted Waqf Tribunals are Madhya Pradesh, Rajasthan, Tamil Nadu and Uttar Pradesh. The Union Territories of Delhi and Lakshadweep have done likewise ... The Waqf Act, 1956 (appears to) need some improvement and the efforts are on for the same.

The Central Waqf Council (CWC), the apex body to advise the government on matters concerning the ... Waqf was established in December, 1964, by an amendment to the Waqf Act...

There is a need to give a fresh look at the relationship between the CWC, the state Waqfs boards and the state governments. (Also) the powers of the Council (needs to be) categorically defined..

Unfortunately, most of the encroachers and grabbers of the Waqf properties are members of the (Muslim) community ... The intelligentsia, which expresses its disgust, off and on, towards the management of Waqfs, does not take active interest and remains ignorant of the ground realities. Except for a tiny minority, the majority in the community remains silent ... They are not aware of the (latest) developments ... in legislation and surveys ...

The pace of development of Auqaf has been less than expected ... Therefore, the potential of income generation ... of Auqaf has not yet been exploited fully.

In 1974, a scheme for the development of urban Waqf properties was launched by the Council for which (it) gets a grant-in-aid every year ... Up to March 31, 1999, as many as 98 projects had been provided a loan of Rs. 1,762 lakhs. Of these 53 projects have been completed and the remaining are under progress ..

In addition, 72 minor projects have been given loans amounting to Rs. 318 lakhs. Of these ... 47 have already been completed ... The scheme for the development of urban Waqf properties envisages that 33 per cent of the increased income would be spent on the technical education/vocational-training programme of the poorer Muslims and on the scholarships to the poor and needy students ...

The development of rural Waqf properties has also attracted attention of the Council and a new scheme for the development of rural Waqf properties has been launched on the pattern of the development of urban Waqf properties scheme ... But these schemes can be successful only when there is a movement in the community for the protection, maintenance and development of Auqaf .. (Source: The Nation and the World, 1 July, 1999)