A.P.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
and Chowltries etc., (2) Wakf under Mashrutul-khidmat (Service
Inam) such as Khazi service, 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 1st Survey
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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