★ Rajasthan Board of Muslim Waqfs is a statutory corporate body established under the provisions of the Waqf Act 1954 by the Government of Rajasthan. According to the Waqf Act,the general superintendence of all the Waqfs in the state vests in the Board and it is the duty of the Board so to exercise its powers under the Act as to ensure that the Waqfs are properly maintained, controlled and administered and the income thereof is duly applied to the objects and for the purposes for which such Waqfs were created or intended. The term “Waqf” denotes detention and signifies the detention of the property (moveable and immoveable) in the ownership of God, the Almighty, the total extinction of the ownership of the Waqif or the Founder of the Waqf and appropriation of the usufruct for objects recognised by Muslim Law as pious, religious or charitable.
The Waqf Act 1995 (Amendment) 2013 defines the term Waqf as under :
Section 3(r) : “Waqf” means the permanent dedication by a person,of any movable or immovable property for any purpose recognised by the Muslim Law as pious, religious or charitable and includes
(i) a Waqf by user but such Waqf shall not cease to be a Waqf by reason only of the use having ceased irrespective of the period of such cesser;
(ii) a Shamlat Patti Shamlat Deh, Jumla Malkkan or by any other name entered in a revenue record;
(iii) “grants” including mashrut-ul-Khidmat for any purpose recognised by the Muslim law as pious, religious or charitable; and
(iv)a waqf-alal-aulad to the extent to which the property is dedicated for any purpose recognised by Muslim Law as pious, religious or charitable,
The Waqf Act further provides :Section 104. Notwithstanding anything contained in this Act where any movable or immovable property has been given or donated by any person not professing Islam for the support of a Waqf being –
(a) a Mosque, Idgah, Imamabara, Dargah, Khangah or a Maqbara
(b) a Muslim graveyard
(c) a Choultry or a Musafirkhana
then such property shall be deemed to be comprised in that Waqf and be dealt in the same manner as the Waqf in which it is so comprised.
MORE ABOUT WAQF
A Waqf is managed by a Mutawalli or a committee appointed by the Waqif-the creator or founder of the Waqf or a competent authority i.e the Waqf Board or managed directly by the said Board.
The State Government has a major role to play in the administration of Waqfs. The Government constitutes the Waqf Board and the Waqf Board has to comply with the directions general as well as special, of the State Government in the performance of its functions under Waqf Act as provided under section 97.
The Chairman of the Board, elected by the members of the Board from amongst themselves, is the Administrative Head of the Board and the Chief Executive Officer appointed by the State Government under Section 23 of the Act is the ex-officio secretary of the Board. The Chief Executive officer is the executive head to execute and carry out the directions of the Board and to control the functioning of the office of the Waqf Board.After the independence, the Parliament enacted in the Fifth year of the Republic of India an Act to provide for the better administration and supervision of Waqfs entitled as “The Wakf Act 1954”. This law was amended and a new Act known as Waqf Act 1995 was enacted.
In February 1955, this Act was applied to Rajasthan and a Commissioner of Waqfs was appointed by the Government of Rajasthan for the survey of Waqf properties in the State. The survey operations were continued till February 1965 and thereupon District wise lists of Waqf properties in the State were notified in the Government Gazette in 1965-1966. In the year 2000 the Government of Rajasthan has ordered for another survey i.e. a second or subsequent survey of Waqf properties in the State as stipulated under section 4(6) of the Waqf Act 1995 and survey commissioner as appointed by the Government of Rajasthan for the purpose, is carrying out the survey work, which is in progress..