Monday, 1 December 2014

HISTORY AND FUNCTIONING OF AP STATE WAKF BOARD


INTRODUCTION

WHAT IS WAKF


              Wakf means the permanent dedication by a person professing Islam  of any movable or immovable property, for any purpose recognised by the Muslim Law auspicious, religious or charitable and such wakf are under (3) categories:(1) Wakf by user such as Graveyards, Musafir Khanas andChowltries etc., (2) Wakf under Mashrutul-khidmat (Service Inam) such as Khaziservice, Nirkhi service, Pesh Imam service and Khateeb service etc., and (3) Wakf Alal-aulad which is dedicated by the Donor for the benefit of their kith and kin and for any purpose recognised by Muslim law as pious, religious or charitable.

                   The person who has dedicated the property of movable or immovable for any of the above categories is called “Wakif or Donor”, once a property is dedicated the Donor looses his entire rights and such property is not alienated, mortgage or transferable without the prior permission of Wakf Board.

                   For the better administration of the wakf institutions the Govt. of India through Parliament enacted Wakf Act 1954 and directed to all the states to implement the Act for administering the wakf institutions like Mosque, Dargah, Ashoorkhanas, Graveyards, Takhiyas, Iddgahs, Imambara, Anjumans and various religious and charitable institutions.  This act was implemented by the States on different dates and years.  The State of Andhra Pradesh introducted the Wakf Act, 1954  in the year 1955 and Commissioner of Wakfs in the cadres of I.A.S., alongwith Asst.Commissioner to Survey and identify the wakf institutions of various categories in the State of Andhra Pradesh.  The Commissioner of wakfs  identified a total of 35,000 wakf institutions of various categories in the three regions of Andhra, Rayalseema and Telengana, and after completing, submitted his report to the Government and there upon the Government published the wakf institutions in the A.P.Gazette in 1962 pertaining to Andhra and Rayalseema area and after the inception of this government with its financial help the wakf institutions pertaining to Telengana districts except, Medak, Adilabad and Nizamabad published in the Government Gazette.  The present Government has taken initiative for conducting re-survey of the wakf properties with a view to identify the missing institutions of the 1stSurvey for the betterment of Muslim community.  The present Government of Andhra Pradesh, is the first State in India, which has implemented the New Wakf Act, 1995 and constituted Wakf Tribunal in the Year 1996 to recover the alienated wakf properties and to restore the same to the institutions for which it is endowed.
                  
                   Out of the 35,000 wakf institutions, some of the institutions are endowed/attached with certain properties such as land, buildings, shops open sites, etc.,   these institutions are generally managed by three categories of heads.  As per Wakf Act, 1995 the A.P.State Wakf Board is having all over superintending powers over these institutions alongwith attached properties.

                   Under 1st category, certain wakf institutions are managed by the Mutawallies, which are hereditary in nature.  These mutawallies will manage the day-to-day affairs of the institutions and look after its attached properties.  In case if the notified mutawalli demise or resign after due enquiry, his kith or kin will be brought on record as his successor by the Wakf Board.  The Inspector Auditor of Wakfs of the concerned area will visit the institution and assess the income and audit of the accounts of the Institution and collect Wakf Fund contribution @ 7% on the net annual income of the institution and remit the same to the A.P.S.Wakf Board.

          Under the second category,  where there is no Mutawalli or when the notified Mutawalli expires and nobody is there to appoint in his place as Mutawalli or there is no scheme or will of administration for recognising successor or where the Towliathship is under dispute among the Surveying kith and kins and there is circumstances the Wakf Board after due enquiry undertake the management of such institution alongwith its attached properties under its direct control and manage the same through the approved Managing committee as per sec.18 of the Wakf Act ‘95.

          Under the 3rd category where wakf has no survivors to succeed as Mutawalli or nobody claims for Mutawalliship or there is no any scheme of succession under such circumstances the Wakf Board directly manages the Institution with its officials and staff.


AIMS   AND   OBJECTS   OF   DEPARTMENT  


          The A.P.S Wakf Board is the custodian of all the Wakf properties in the state of A.P. As per the Survey Commissioner report there are 35,703 notified Wakf institution having 1,33,209 Acres of land worth of more of crores of rupees.  As the custodian of the Wakf properties superintendence over all the Wakf institutions and the properties belongs to them. It ensures that the income derived from the Wakf properties are applied for the purpose, for which the Wakf institutions/properties are dedicated. For proper maintenance and administration of the Wakf institutions, the Wakf Board appoints Muthawallies, constitutes committees, and controls their activities. Protection of Wakf Properties, control over the activities of the Muthawalli and committees, supervision of the Wakf administration, audit and accounts of Wakf institutions, development of Wakf properties are the prime objectives of A.P.State Wakf Board.  

          Apart from this, the A.P.S. Wakf Board has been entrusted the responsibility of issuing Marriage certificates, Divorce certificates, Religion   certificates, establishment and maintenance of educational institutions, payment of allowance to the Muslim divorced women, disbursement of Grant-in-Aid to the Wakf institutions for repairs and maintenance.  

PROTECTION OF WAKF PROPERTIES:

The A.P. State Wakf Board is trying its best to protect the Wakf properties by constituting District Wakf Committees, Mandal Wakf Committees and Committees for the individual Wakf Institutions.  

SECOND SURVEY OF WAKF PROPERTIES:

          The Commissioner of Wakf during the period of 1955 to 1965 U/Sec.4 of the Wakf Act 1954 conducted survey of wakf properties.  During these 48 years, many physical changes have taken place resulting in change of their boundaries and survey numbers etc.  Apart, some new properties have been registered subsequent to the last survey.  Such properties shall have to be covered under second survey of wakf.  Therefore, after reconciliation of Wakf records with Revenue records, a second survey is being taken for maintenance of upto date record of wakf institutions and the properties in the interest of wakf.



GAZETTE NOTIFICATION OF WAKF PROPERTIES:

          Out of 35,703 notified wakf institutions 20,136 wakf institutions have been published in A.P.Gazette.  Remaining 15,567 wakf institutions pertaining to Mahaboobnagar, Medak and Nizamabad are under publication.  


HISTORY:

In the erstwhile Hyderabad State all religious matters including endowments and wakf institutions were being administered and controlled by the Dept. of Ecclesiastical Affairs known as Umoore-Mazhabi exclusively meant for Muslim Religious affairs and Wakf.

The then Raj Pramukh (Nizam) established a Board to look-after the affairs of Wakf under the name and style of Muslim Wakf Board by notification No: 90, dt:13-01-1955 published in Hyderabad Govt. Gazette which became operational on 15th Jan'1955.

The Wakf Act 1954 was approved by the Parliament on 31st May 1954 the said Act was extended to Hyderabad on 15th Jan'55 and to the whole of the Andhra Pradesh on 1st April 1955.

There are 35,703 notified  Wakf   institutions in   A.P., comprising 3,632  Mosques, 1,690 Dargah, 11,373 Ashoorkhanas, 7,380 Chillas, 8,371 Graveyards, 1,122 Idgahs, 359 Panjas and 1,776 others.  These wakf institutions in the State have 1,33,209 Acres. of land worth Crores of rupees.  


WAKF ACT 1995

The  Wakf Act 1995 was passed in the Parliament in 1995 and it came into force from 1-1-1996. This Act was extending to the whole of Andhra Pradesh   (Country) on the same day i.e.,           01-01-1996. The Andhra Pradesh State Wakf Board was constituted under the provision of this Act in July 1996. The Wakf Act 1995 nullifies all the previous Acts.

The A.P.S.Wakf Board has the distinction of being the 1st Board in the country to have constituted under the provision of this new act. Under the provision of this Act, the Wakf Board is a body corporate having perpetual succession.

The Board is constituted for a period of 5 years consisting of not less than 7 members and not more than 13 members.     

 As per the provision of Wakf Act, 1995 the Wakf Board is a body corporate having perceptual succession and a common seal with power to acquire and hold property, it can use and be used.   The Board is constituted for a period 5 years consisting of not less than 7 members and not more than 13 members. Two members of the Wakf Board are elected from amongst the Muslim M.L.As, one member is elected from the Muslim M.Ps one member is elected from among the members of the Bar council of the state; two member is elected by the Muthawallies and 4 members are nominated by the Govt.   The Chief Executive Officer of the A.P.   State Wakf Board is Ex-Officer Secretary of the Board who is appointed by the State Government on Deputation.   The present Board is established in 02-11-2001 for period of 5 years as per the provisions of Wakf Act 1995.  
 
ORGANISATION STRUCTURE, ESTABLISHMENT:   -  

          There are 232 employees in the Wakf Board out of Which 19 are of Officer cadre.   The Wakf Fund meets the salaries of the employee and the administrative expenses.   There is no grant of financial aid from any Govt., State or Central, towards salaries of maintenance of the Board.  The annual expenses of the State Wakf Board are to the tune of Rs.1.25 Crores.   It is entirely borne by the State Wakf Board itself.  

          In the districts, the Wakf Board has its staff working under the Districts Revenue Officers who is also the District Wakf Officer.  This office at the districts attends all sorts of work of the Wakf affairs in the entire district.  The A.P.State Wakf Board is after getting the required information from the districts issues orders and the district staff executes the orders and instructions issued by the Head Office for the protection of Wakf properties.  

          The staffing pattern of the Wakf Board is as under:-  

1.                Chief   Executive   Officer     -          1     (On deputation) 
2.                Deputy   Secretary                 -          1
3.                Accounts   Officer                  -          1
4.                Asst.   Secretaries                 -          7
5.                Project   Officers                   -          1
6.                Law   Officers                         -          3
7.                Superintendent                      -        21
8.                Inspector   Auditors               -        36
9.                U.D.C                                      -        29
10.           Computer   Operators                     -          1
11.           Clerical   Staff                        -        68
12.           Drivers   and   Attenders       -        61
                                                        ------------
                                      Total:                      230
                                                        ------------
                   The above officer staff is working in different sections as under:-

The Board has the following sections, which look after the various affairs of the wakf:

1.                ESTABLISHMENT SECTION:-      Administrative matters of Wakf Board.

2.                BOARD SECTION:- conducting Board   Meetings Sub-Committee meetings / Towliath meetings, appointment   and removal of Muthawallies of Wakf institutions.

3.                ACCOUNTS SECTION:- looking after the finance accounts, audit and preparation of budget dealing with Grant-In-Aid from government etc., and collection of Wakf funds from different institutions under direct management of the Board and also the payment of salaries to the employee including the staff working in all over the districts and also release of funds, salaries to staff working in different institutions and also payment of Gujaras etc.   The stores also being under the control and supervision of the Accounts Officer.  

4.      PROJECT SECTION:- preparation of plans, supervision of construction work and processing the files of Grant–in–Aid to the Wakf institutions and supervision of functioning of I.T.I.s management of Wakf Board etc.   No objection certificates to different Wakf institutions in respect of obtain the Electricity, Telephone, Water and for construction of Complexes etc.     

5.      DIRECT MANAGEMENT SECTION:-  Looks after the functioning of Wakf institutions under the direct management of the Wakf board including conducting of Auction, perusal of collection of amount from contractors of institutions under direct management.  

6.      PROTECTION SECTION:-  Protection of Wakf Properties and taking action against the unlawful encroachments and illegal occupants.  

7.                LEGAL SECTION:-  Looks after the cases relating to various wakf institution in various courts of  law 

8.      QAZATH SECTION:  Issue of Marriage/Religion/Divorce certificate and issue of Marriage Booklets/Siyahjat to the Qazis etc.,  

9.      COMMITTEE SECTION:  Constitution of Managing Committees of the Wakf institutions all over the A.P., appointments and removal of Committees.  

10.           LAND GRABBING SECTION & LAND ACQUISITION SECTION:  Filing of Land-Grabbing cases in the Tribunal and taking necessary action for recovery of Wakf properties. Work of claiming the compensation in respect of the Wakf land acquired by the government in different areas of the A.P.   

11.    RENT SECTION:- Collection of rent and allotment of Wakf properties on Lease and rental basis, renewal of lease deeds, enhancement of rents, etc.        

12.    D.C.B.   SECTION: Collection of Wakf Fund from Wakf institutions and preparation of DCB statements.  The information from the Inspector Auditors of all the districts is being obtained and consolidated D.C.B.  

 

13.    RECORD SECTION:  Keeping the old records of the Board including Muntakhab, survey commissioner’s Report, Gazette and other records being sent by the different sections in the nature of LDC & RDC etc.,  

 

14.    SURVEY SECTION:  Conducting of Survey of Wakf institutions and its attached properties, preparation of Survey report publication of Wakf institutions in the official Gazette, maintenance of Wakf registers and reconciliation of Wakf properties with Revenue records with the assistance of Inspector Auditors and Revenue officials.  

15.    HOUSE COMMITTEE: House Committee constituted by government of Andhra Pradesh to enquire into the affairs of Wakf institutions in A.P.   And submission of reports to the A.P. Legislature.   This section is also assisting the Legislature House Committee for inspectors of the Wakf institutions etc.     

 

16.           ENQUIRY SECTION:-   Enquiries against Muthawallies/Managing Committee employees of the Board, affairs of management of Wakf institutions and conducting Departmental enquiries against staff of the Board.  

17.           INWARD & OUT WARD SECTION:– Inward & Out wards work (Tappal) of the Board.  

18.           FUNCTIONING OF INSPECTOR AUDITORS AT DISTRICT LEVEL: There are about 29 I.As working in Districts.  They look after the work of inspection of Wakf properties, collection of Wakf fund reconciliation of Wakf properties with Revenue records, collection of rent and lease amount from the tenants of the Wakf properties, attending cases by assisting the standing Counsel and Advocates of the Board at district level. These Inspectors are under the administrative control of District Revenue Officer.   The Board pays an honorarium of Rs.250/- p.m. to D.R.O. who are also designated as Districts Wakf officers by the government of A.P.   


III.   NOTE ON INCOME OF THE DEPARTMENT: -  

The main sources of income for the Board's collection of Wakf Fund at the rate of 7% from the income of the Wakf institu­tions and also collection of Haq-e-Intezam at the rate of 25% from the wakf institutions under the Direct Manage­ment of the Wakf Board and collection of 75% on the income of the complexes constructed by the Board under Direct Management. Further the Board undertakes the work of issuing of Marriage Certificates, Divorce certificates, Shiyazats etc., under Quazat and it collects an amount of Rs.50 to 200 on different cases.

GRANT-IN-AID The present govt. have sanctioned Rs.56.25 Lakhs vide G.O.Ms.No.145, dated: 08-11-95 and Rs.100-00 Lakhs vide G.O.Ms.No.148, dt.14-11-95 and Rs.200-00 Lakhs under G.O.Ms.No.21, dt.22-2-97. For the maintenance, development and protection Mosques, Dargahs and other wakf institutions.

This kind of scheme is unique and introduced for the first time in the State. In total  mosques, Dargahs, Graveyards and other wakf institutions have been benefited under this scheme. The difference of over expenditure than the income is being met-out from Grant-in-Aid being released by the Government of Andhra Pradesh.

 1. CHIEF EXECUTIVE OFFICER: -

          The Chief Executive Officer is the executive head of the A.P.State Wakf Board; he is also the Ex-Officio Secretary of the Wakf Board.

Functions: - Conducting Board meetings, preparation of Agenda and Minutes records, conducting enquiries inspect­ing the Wakf properties and maintenance of discipline and decorum in the office are the functions of the Chief Executive Officer.

 2. ASSISTANT SECRETARIES: -

The Assistant Secretaries are incharge and heads the broadly categorised sections in the A.P.State Wakf Board. There are 21 sections in the Wakf Board, which are being administered under (7) Assistant Secretaries.

Functions: - Inspection of Wakf properties, collection of wakf fund in special drive, preparation of Agenda of their respective sections, conducting enquiries, prepara­tion of Annual Reports pertaining to their respective sections are among the duties and functions of the As­sistant Secretary.

3. LAW OFFICERS: -
 The Law Officers are Incharge and Heads of Legal Section for their respective jurisdiction. There are three Law Officers, one for High Court, and Supreme Court, Second for cases pertaining to Districts and third one for Twin cities.      

Functions: - The Law Officers are required to prepare Affidavits, Counter Affidavits, Written Statements and attending the court if necessary on behalf of the Wakf Board.  The Law Officers are also required to conduct enquiries, preparation of answers of the Legislative Assembly Questions, Notes on History of a particular wakf institution and its chronology.

 4. ESTATE   OFFICER:-
 The Executive Officer inspects the wakf properties whenever there is a complaint that wakf properties are being encroached or alienated, submits report to the Chief Executive Officer, and recommends the steps to be taken in this regard.  He also looks after Land Acquisi­tion and liasoning with the Revenue authorities.

 5. ACCOUNTS   OFFICER:-

Accounts Officer is the Head of the Accounts Section and he is responsible for the following func­tions: -

Functions: - Preparation of Budget estimates, statement of income and expenditure, disbursement of the salaries and maintenance of Accounts of various wakf institutions is the responsibility of the Accounts Officer.

6. PROJECT OFFICER: -

The Project Officer is Incharge head of the Section.  He leads and guides the Engineers and Surveyors in their works. He is re­sponsible for the following:  

Functions: - Construction of Wakf complexes and their repairs and maintenance, preparation of estimates with regard to the construction and repairs of the Wakf complexes are the responsibility of the Project Officer.


 7. ASSISTANT ENGINEERS: -



Preparation of Plans, Estimates inspection and survey of sites are the responsibilities of the Assistant Engineers. They also assist the Project Officer in execution of the Projects and supervision of construction activities.

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