Waqf Boards

The governance of Waqf properties has remained an important area of concern in this country mainly due to large-scale encroachment, mismanagement and under-utilisation. There is a historical reason behind this, which will be analysed shortly. But before that, it is to be noticed that legal and administrative weaknesses have indeed played an important role in the continued under-development of the Waqf properties in the country. The structure and organisation of the Waqf Board has not helped either.

The Waqf is created by men and women of piety. Its proceeds are to be utilised in fulfilling the intentions of the Waqif that are mostly religious, charitable and educational. In the absence of waqfnama (Waqf deed), the proceeds are to be spent on purposes which are possibly close to such intentions. Once dedicated Waqf vests in God, it cannot be reclaimed by the Waqif, the one who created it. Theoretically, Waqf remains a Waqf for always. It is this stipulation that provides a juridico-legal status to Waqf properties and therefore becomes an important instrument for its protection. At the same time it is none the more potent than any other piece of legislation. Hence, the perpetual status of Waqf has not been a panacea and a lot more needs to be done for its security, effective development and management.

Administered under a Central Act, Waqfs are managed by state Waqf Boards that are constituted through a political process, unless superseded for some reason when they are run by an administrator appointed by the state government.

The major issues concerning the governance of Waqf properties can be summarised as following:
Large scale encroachment: Since there was transfer of population from many areas in 1947, large number of Waqf properties were encroached by people who had just arrived in those cities. On the other hand there was no effective institution to prevent the encroachment on these properties for many years.

Adverse possession of the government and semi-government organisations: Many properties were occupied by the government departments owing to necessity and expanding areas of work. These were either given on minimal rent or without any rent.

Low rent cases: There are many commercial and residential properties which have remained on ridiculously low rent as these were settled many years ago.

Litigation: As a large number of cases have remained under litigation for many years, they have not yielded any revenue from those properties.

Weak tenant law: The law generally favours tenants more than the landlords. Thus, Waqf properties under tenancy have not been easy to protect under the existing tenant law. Also, the number of cases pending in the courts is phenomenal as civil courts are heavily burdened. It is, therefore, futile to expect that the Waqf properties under litigation would see early settlement from the courts.

The problems in the Waqf Act: a) Long lease is not permitted under this Act. This has been a major issue calling for appropriate modification. Unless a property is given on long lease, it
cannot give good returns. b) Waqf properties are not covered under the Public Premises Act, which enables summary decision in matters of encroachment by an officer so designated by the government. The said officer generally does this in other departments. c) Accordingly, a Sub-Divisonal
Magistrate/Additional Divisional Magistrate may be appointed as an Estate Officer with powers vested for the summary ejection of encroachers. d) The survey of Waqf properties needs to be completed on priority basis by
entrusting the work to an officer who is not below the rank of Executive Magistrate. Once the surveyed property is notified, it should be given a finality. e) There is need to institute Waqf Tribunal in every state for specifically trying such cases.

Change in mindset: There is need for out of box thinking for developing Waqf properties on commercial lines. Some of the southern states have shown that huge commercial advantage can be drawn from urban properties, the proceeds of which can then be ploughed back to create educational infrastructure and vocational centres for the community. However, the attitude is more conservative in north India and there is a lack of initiative to develop Waqf properties commercially.

To conclude, there is a need to strengthen the Central Waqf Council with more powers that allow them to supervise and have control over the state Waqf Boards. While grants and loans should be advanced liberally to ailing Waqf Boards in order to provide them a helping hand, recovery of loans should be enforced strictly and administrative actions should be taken against the functionaries of the defaulting boards. These legal and administrative improvements may bring health to the state Waqf Boards.

(The views expressed by the author are personal)