Amendments to the Tamil Nadu Wakf Rules, 2000
The Governor of Tamil Nadu, through the Backward Classes, Most Backward Classes and Minorities Welfare Department, issued G.O. Ms. No. 79, Backward Classes, Most Backward Classes and Minorities Welfare (T1), dated 4 November 2020, amending the Tamil Nadu Wakf Rules, 2000. The amendments regulate waqf management, transfers of Tamil Nadu Waqf Board property, recovery inquiries involving waqf property, budgets, documents, contributions and public reporting.
Scope
The Amendments to the Tamil Nadu Wakf Rules, 2000 replace the word “Wakf” with “waqf” throughout the rules and add or revise requirements concerning mutawallis, the Tamil Nadu Waqf Board and waqf property. They also omit several existing rules and prescribe or replace forms for budgets, reports and other administrative work.
Property transfers and recovery inquiries
The Amendments to the Tamil Nadu Wakf Rules, 2000 establish the following controls and procedures:
- Immovable property belonging to the Tamil Nadu Waqf Board cannot be transferred without State Government approval.
- A proposed sale, gift, exchange, mortgage, transfer or lease must receive approval from at least two thirds of the Board members before it is recommended to the State Government.
- When information is received about a waqf property transferred or leased contrary to the Waqf Act, the Board or an authorised Chief Executive Officer must verify the waqf register and other documents. For a lease exceeding one year, a certified copy of the deed must be obtained from the registration office.
- The requisition sent to the Collector must identify the property, deed, person executing it, transferee and persons in possession.
- The Collector must give relevant persons an opportunity to show cause before passing an order.
- If a person claims that registered property is not waqf property and produces earlier registered transfer deeds, the Collector must refer the question to the Board for determination, unless the status has already been decided by the Board or Tribunal.
Management and financial requirements
The Amendments to the Tamil Nadu Wakf Rules, 2000 require a mutawalli to be an Indian citizen and to meet qualifications specified by the waqif in the waqf deed. Disqualifications include specified lease or contract interests, encroachment by the mutawalli or close relatives, insolvency, incapacity, certain legal employment and specified criminal convictions.
A person holding waqf property documents must produce them, or provide copies, within ten days after a written request from the Chief Executive Officer. Budgets must be prepared by the end of January, include proposed civil works and be submitted to the Board. The Board must publish waqf budgets, annual accounts and civil work details on its website.
Waqfs with net annual income of at least five thousand rupees must generally contribute seven percent annually to the Board. A specified category of mosque may contribute two percent instead.
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Common questions
Can the Tamil Nadu Waqf Board sell or lease its immovable property without government approval?
No. State Government approval is required, and the proposal must first be approved by at least two thirds of the Board members.
What happens if I claim that a property recorded as waqf property is privately owned?
If you support the claim with registered transfer deeds dated before the property's registration as waqf property, the Collector must refer the question to the Board for determination. The Collector cannot reopen the issue if it has already been decided by the Board or, on appeal, by the Tribunal.
Can the Chief Executive Officer require documents relating to waqf property?
Yes. A mutawalli or another person holding the documents must produce them or supply copies within ten days of receiving a written request.
Will waqf budgets and civil work details be available to the public?
Yes. The Tamil Nadu Waqf Board must publish budgets, annual accounts and details of civil works, including estimates and approved plans, on its website.
