Thursday 31 May 2012

Commercial Usage of WAQF Property

As per Section 32 (4) of the Wakf Act, 1995, where the Board is satisfied that any waqf land offers a feasible potential for development as a shopping centre, market, housing flats and the like, it may serve upon the mutawalli of the concerned waqf a notice requiring him to convey its decision whether he is willing to execute the development works specified in the notice. On consideration of the reply, if any, received to the notice, if the Board is satisfied that the mutawalli is not willing or is not capable of executing the works required to be executed in terms of the notice, it may, with the prior approval of the Government, take over the property, clear it of any building or structure thereon, which in the opinion of the Board is necessary for execution of the works and execute such works. Giving this information in written reply to a question in the Lok Sabha, Shri Vincent H. Pala, Minister of State for Minority Affairs, said that as per Section 32 (2) of the Wakf Act, 1995, the functions of the State Waqf Boards are to ensure that the income and other property of the waqf are applied to the objects and for the purposes for which such waqf was intended or created.

Shri Pala further informed the House that the Wakf Act, 1995 is the only Central Act which is applicable to all auqaf in the country except in the State of Jammu & Kashmir. However, there are State Acts which are applicable to charities / religious organizations of those States as mentioned in the respective State Acts.

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