Tamil Nadu Waqf (General) Regulations, 2019

Scope and authority

The Tamil Nadu Waqf Board made the Tamil Nadu Waqf (General) Regulations, 2019 under the Waqf Act, 1995. Government sanction was given through Government Letter (MS) No.53 of the Backward Classes, Most Backward Classes and Minorities Welfare (T1) Department, dated 6 September 2019. The notification carries reference Lr. No.1514/E3/96 and was published in the Tamil Nadu Government Gazette on 30 September 2020.

The regulations define the Chairperson, members, forms, Government, Superintendent of Waqf and Waqf Inspector. They also refer to the Tamil Nadu Wakf Rules, 2000.

Board meetings and hearings

The Tamil Nadu Waqf (General) Regulations, 2019 set procedures for meetings and cases considered by the Board:

• The Board ordinarily meets once a month and may meet more often when necessary.
• Five or more members may request a special meeting for an urgent subject. The Chairperson must convene it within fifteen days, with at least three days' prior notice to members.
• Where a Mutawalli or other parties must be summoned, at least ten days' prior notice must be given.
• Meeting notices and agendas ordinarily must reach members at least ten clear days before the meeting, although shorter notice is allowed for urgency.
• The Chief Executive Officer must summon parties concerned in cases listed for hearing.
• At least five members are required for the Board to transact business.

Agendas, decisions and records

The Tamil Nadu Waqf (General) Regulations, 2019 require agenda notes to explain the issue, facts, applicable law, relevant court decisions, earlier Board or Government decisions and the Chief Executive Officer's opinion. An English agenda item must also have a Tamil version, and the English version prevails if the two differ.

Key decision and record requirements include:

• Decisions should be unanimous where practicable. Differences may be decided by vote.
• Members' reservations or dissent must be recorded when a decision is taken by majority vote.
• Oral evidence should be recorded, printed and attested immediately.
• The Chief Executive Officer is responsible for maintaining the minutes book, attendance register and yearly agenda files.
• Copies of the previous meeting's minutes must be sent to Board members and the Government.

Accounts submitted by Mutawallis

The Tamil Nadu Waqf (General) Regulations, 2019 require a Mutawalli to submit the prescribed statement of accounts. Form 3 applies where an auqaf has gross income of more than rupees five lakh, while Form 3A applies in other cases.

A buyer, owner or professional dealing with property connected to a waqf may encounter these procedures if a matter comes before the Tamil Nadu Waqf Board.