The Tamil Nadu Wakf Board (Appointment of Special Officer) Act, 1991

What the Act does

The Tamil Nadu Wakf Board (Appointment of Special Officer) Act, 1991 applies throughout Tamil Nadu and states that it comes into force at once. It was introduced after the State Government concluded that the Tamil Nadu Wakf Board had failed to perform its duties, abused its powers, and committed serious irregularities in managing properties under its control.

The Act provided for the State Government to take over the management of the Tamil Nadu Wakf Board for a limited period in the public interest and for the proper management of the Board.

Main changes

The Tamil Nadu Wakf Board (Appointment of Special Officer) Act, 1991 made the following changes from its appointed day:

• The terms of the existing members of the Tamil Nadu Wakf Board, including its Chairman, expired immediately, and they had to leave office.
• The State Government had to appoint a Muslim person as Special Officer to manage the affairs of the Board.
• All property vested in the Tamil Nadu Wakf Board vested in the State Government until the Board was reconstituted.
• The Special Officer could exercise the powers and perform the duties assigned to the Tamil Nadu Wakf Board under the Wakf Act, 1954.
• The Special Officer acted under the control of the State Government and had to follow directions given by it.
• The appointment was for one year or an earlier period specified by the State Government through notification.
• Any vacancy in the office of Special Officer could be filled for the remainder of the appointment period.
• The State Government had to reconstitute the Tamil Nadu Wakf Board so that new members took office when the Special Officer's period ended.

Who may be affected

The Tamil Nadu Wakf Board (Appointment of Special Officer) Act, 1991 directly affected Tamil Nadu Wakf Board members, the Chairman, the Special Officer, and persons concerned with property vested in or managed by the Board. A buyer, owner or professional dealing with such property should note that management powers were transferred to the Special Officer and the property temporarily vested in the State Government. The Act does not set out any separate sale, registration or title procedure for those properties.

Costs and legal protection

The Tamil Nadu Wakf Board (Appointment of Special Officer) Act, 1991 allowed the State Government to fix the Special Officer's remuneration. That remuneration and approved management expenses were payable from the Wakf Fund.

The Act also protected persons and the State Government from specified legal proceedings concerning actions done, or intended to be done, in good faith under the Act.