Ministry of Minority Affairs
The Mussalman Wakf Act, 1923, was created to establish better management and oversight of Wakf properties. It ensures that proper accounts are maintained and published. This act addresses the need for transparency and accountability in the administration of Wakfs, which are permanent dedications of property for religious, pious, or charitable purposes under Muslim law. While the Act does not specify a particular ministry, matters related to Wakfs generally fall under the purview of the Ministry of Minority Affairs in India.
Enactment Date, Number of Chapters, Number of Sections:
The Mussalman Wakf Act, 1923, was enacted on August 5, 1923. The Act is structured into 13 sections. These sections are grouped under the following categories: Preliminary, Statements of Particulars, Statements of Accounts and Audits, General Provisions, Penalty, and Rules.
Act Governed By:
The Act is primarily governed by the provisions outlined within its sections. It provides a framework for the management of Wakf properties, the duties of Mutawallis (managers of Wakfs), and the role of the court in overseeing these properties. The Act is also supplemented by rules framed by the State Governments, which provide additional details and procedures for implementation.
On Whom It Is Applicable:
The Mussalman Wakf Act, 1923, applies to all Wakfs, except those specifically exempted. It is applicable to all Mutawallis who manage Wakf properties. However, it does not apply to Wakfs administered by the Treasurer of Charitable Endowments, the Administrator General, or the Official Trustee. It also does not apply to Wakfs administered by a court-appointed receiver or under a court-approved scheme. Furthermore, the State Government may exempt any Wakf or class of Wakfs from the operation of this Act.
Penalties/Punishments:
The Act prescribes penalties for non-compliance. If a Mutawalli fails to furnish required statements or documents in due time, or provides false or misleading information, they can be fined up to ₹500. For second or subsequent offenses, the fine can extend to ₹2,000. It is important to note that the burden of proving reasonable cause for non-compliance lies with the person required to furnish the information.
Important Pointers:
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Mutawallis must furnish detailed statements about the Wakf property, income, and expenses to the court.
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Annual accounts must be audited, especially for Wakfs with significant income.
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The Act mandates the publication of particulars and allows for public inspection of Wakf records.
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The State Government has the power to make rules to implement the Act’s provisions.
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The Act does not apply to Wakfs already under government or court-appointed administration.
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The Act ensures that the Wakf properties are managed properly and transparently.
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The Act has been amended over time to adapt to changing needs and circumstances.
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The Act does not include any benefit which a mutwalli is entitled to claim solely by reason of his being such mutwalli.
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The act defines a wakf as the permanent dedication by a person professing the Mussalman faith of any property for any purpose recognized by the Mussalman law.
Act Copy: