G.O. Ms. No. 58, Superseding of the Tamil Nadu Waqf Board and Appointment of Special Officer under the Waqf Act, 1995
The Backward Classes, Most Backward Classes and Minorities Welfare Department issued Government Order Ms. No. 58 on 18 September 2019, superseding the Tamil Nadu Waqf Board for six months under the Waqf Act, 1995. The Governor of Tamil Nadu appointed Thiru M.A. Siddique, Indian Administrative Service, as Special Officer to exercise all powers and duties of the Tamil Nadu Waqf Board during that period.
What the notification does
Government Order Ms. No. 58 of the Backward Classes, Most Backward Classes and Minorities Welfare Department, dated 18 September 2019, supersedes the Tamil Nadu Waqf Board for six months. It appoints Thiru M.A. Siddique, Indian Administrative Service, Principal Secretary to Government (Expenditure), Finance Department, as Special Officer for the supersession period.
The Special Officer is authorised to exercise and perform all powers and duties under the Waqf Act, 1995, on behalf of the Tamil Nadu Waqf Board.
Why the Board was superseded
The Government recorded that the Tamil Nadu Waqf Board had originally been reconstituted with 11 members for a five year term. Thiru A. Anwhar Raajhaa ceased to be a Member of Parliament and consequently ceased to be a Board member and Chairperson, leaving 10 members.
The Government then treated the two senior Muslim advocates on the Board as nominated members following legal advice. This resulted in four elected members and six nominated members. The notification states that the Waqf Act, 1995 requires elected members to be more numerous than nominated members at all times.
The Government also stated that appointing the two Muslim Members of Parliament in the State through an election process would result in six elected and six nominated members, which would still not meet that requirement.
Procedure followed
Before superseding the Tamil Nadu Waqf Board, the Government:
- Issued a show cause notice to all 10 existing members.
- Allowed seven days from receipt for a response.
- Received replies from four members asking that the supersession process be dropped.
- Considered their argument that the senior advocates should be treated as elected members.
- Relied on legal advice that the senior advocates were nominated members.
- Recorded the resignation of Thiru A. Sirajudeen for personal reasons.
Who may be affected
The notification directly affects Tamil Nadu Waqf Board members, officers and persons dealing with matters requiring the Board to exercise powers under the Waqf Act, 1995. During the six month supersession period, those powers and duties were to be exercised by the appointed Special Officer rather than by the Board.
The notification does not state that it changes ownership, title or classification of any particular land or waqf property.
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Common questions
Was the Tamil Nadu Waqf Board dissolved permanently?
No. Government Order Ms. No. 58 states that the Tamil Nadu Waqf Board was superseded for a period of six months.
Who exercised the Tamil Nadu Waqf Board's powers during the supersession?
Thiru M.A. Siddique, Indian Administrative Service, Principal Secretary to Government (Expenditure), Finance Department, was appointed Special Officer to exercise and perform all Board powers and duties under the Waqf Act, 1995.
Why did the Government supersede the Tamil Nadu Waqf Board?
The Government found that elected members were fewer than nominated members. It stated that this violated the required composition under the Waqf Act, 1995 and left the Board unable to perform its functions.
Does the notification change the ownership of any specific property?
The notification does not identify any property or state that ownership or title is changed. It changes who exercises the Tamil Nadu Waqf Board's powers and duties during the six month supersession.
