Kayalpatnam.com>Tamil Nadu Wakf Board recently moved to an office of its own. How convenient it is for and how would it improve the services of the Board?
Mr.A. Mohamed Jamaluddin>
After 50 years, the Tamil Nadu Wakf Board has moved to its own premises which was recently inaugurated by Hon’ble Chief Minister of Tamil Nadu (on 14.3.2008). This sprawling office is equipped with all modern amenities. It has excellent Court hall for conduct of Wakf cases. The new office is designed with modern cubical workstations for efficient administration. It is located near the High Court, City Civil Court and Secretariat and connected by bus and rail transport. It also has a large visitors gallery for Muthawallis to sit. 
Kayalpatnam.com>What is the status of computerization of Tamil Nadu Wakf Board operations?
Mr.A. Mohamed Jamaluddin>
The Tamil Nadu Wakf Board is having 10 computers in the Head Office and a computer for each zonal offices. Now order has been placed to purchase another 10 computers and one server in the Head Office. All the computers are bought from grant sanctioned by the Government of Tamil Nadu. Work is in progress to fully computerize operation in the Head Office and zonal offices. We also have the plan of digitalizing the proforma report of the Wakfs. The importance of this exercise is to get quick information on the nature of the properties and the geographical extent. In the long run, we have plans to link this information with GPS system. This will also help the people to know the historicity etc of the properties of Wakfs and will curtail encroachments.
Kayalpatnam.com>The Chairman had said the Wakf Board website would soon start giving searchable information about all the Wakfs in Tamil Nadu. What is the status of that project?
Mr.A. Mohamed Jamaluddin>
A comprehensive MIS has been devised with 38 questionnaire and prepared for field level enumeration. In the first instance, data is being collected from the field officials for making the database. This operations is now in progress. In the coming months, the data enumeration work will be completed. The aim of the MIS is to ferret out all the details of the Wakfs (Property, management, Proforma Report, list of tenants and income etc.). This exercise will help us to take decisions for effective administration of the Wakfs. The aim is to put the details of all the Wakfs on the website, so that working of the Wakf Board is made more transparent and public friendly. Any layman can access and locate the properties of individual Wakfs on the internet.
Kayalpatnam.com>Under Wakf rules, isn’t it correct that all Wakfs must submit their budget estimates by February of every financial year? How many wakfs comply with this regulation.?
Mr.A. Mohamed Jamaluddin>By and large, the Wakfs comply with this stipulation as per the Wakf Act, 1995.
Kayalpatnam.com>Under Wakf rules, isn’t it correct that all Wakfs must submit their Statement of Account by may of every financial year? How many wakfs comply with this regulation?
Mr.A. Mohamed Jamaluddin>Yes, most of the Wakfs do comply with these regulations.
Kayalpatnam.com>It is widely believed there are about 6000 Wakfs in Tamil Nadu. The Chairman had hinted this is not an up-to-date number and the number of Wakfs is actually higher. Has Wakf Board revised this number yet?
Mr.A. Mohamed Jamaluddin>Yes after the new Board assumed charge, a comprehensive review of the Wakfs was undertaken and updated. As of now, there are about 6672 Wakfs.
Kayalpatnam.com>Can someone construct a Mosque or a religious institute today and keep it outside the purview of Wakf Board or is it compulsory for every Mosque or religious institute whether new or old - to be under the supervision of Wakf Board?
Mr.A. Mohamed Jamaluddin>As per Wakf Act 1995, every Wakf created before and after commencement of Wakf Act has to be registered with the Board. Registration of the Wakf with the Wakf Board is sine quo non for a valid creation. The Mosque is meant to be for public use. Therefore the question of keeping it outside the purview of Wakf Board does not arise.
Kayalpatnam.com>For the purpose of calculation of Contribution Fee to the Wakf Board, what incomes shall constitute income of the Wakf. For example, would member subscriptions be classified incomes? Would hundi collections be classified as incomes?
Mr.A. Mohamed Jamaluddin>Except donation for corpus, all other incomes shall constitute income of the Wakf as per Wakf Act and Rules. Hundi collection is also classified as income. The annual contribution payable to the Board is governed by section 72 of the Wakf Act 1995 (Administrator: 7% of the total income).
Kayalpatnam.com>Is there a difference between donation to corpus and donation for general purpose?
Mr.A. Mohamed Jamaluddin>Yes. Donation on corpus for a specific purpose is exempted from levying of contribution, Whereas donation for general purpose is treated as income and subject to levy of contribution
Kayalpatnam.com>What expenses can be deducted from the Income for the purpose of calculation of Contribution Fee? For example, in cases of income from rented building, can the agent commission be deducted (under maintenance of building charges)?
Mr.A. Mohamed Jamaluddin>Except the income shown in section 72 of Wakf Act and as per section 74 of the Wakf Act deduction is made. In cases of income from rented building, the agent commission cannot be deducted under maintenance of building charges. The Accountant of the Wakf will collect such rents from the tenants.
Kayalpatnam.com>Is it compulsory for every Wakf - without exception - to conduct elections every three years?
Mr.A. Mohamed Jamaluddin>Elections to the Wakfs are conducted as per the norms and conditions stipulated in respective Wakf Deed. It is depending on the individual Wakfs. For example, elections are not envisaged for Kabrasthan and Idgahs. In general, election are to be conducted normally for a tenure of 3 years period for smooth administration of the Wakf and also the guidelines issued in the respective Proforma Report of the Wakf is to be followed
Kayalpatnam.com>Has the Wakf Board set out any specific, step-by-step guideline to conduct an election?
Mr.A. Mohamed Jamaluddin>Yes, the Board has issued necessary guidelines which are based on the guidelines issued containing general principles of conduct of election as envisaged by other local bodies.
Kayalpatnam.com>Is it true that Wakf Board requires the presence of a Wakf official during the conduct of an election compulsorily?
Mr.A. Mohamed Jamaluddin>Yes, the presence of Wakf Board official during conduct of election is mandatory for the simple reason to over see the election process and conduct it in a free and fair manner.
Kayalpatnam.com>What is the role of Wakf official during the election in a Wakf body?
Mr.A. Mohamed Jamaluddin>The Wakf Board official will supervise and over see the conduct of election with general adherence to all the general principles of conduct of election to ensure fairness and neutrality and act as impartial observer. In certain cases, he will prepare electoral roll and conduct election in accordance with the norms of the general principles of election.
Kayalpatnam.com>How many officials does the Wakf Board have with the capability to oversee elections to various Wakf bodies in Tamil Nadu?
Mr.A. Mohamed Jamaluddin>The Wakf Board has sufficient staff to undertake election work. Elections are conducted as and when it is necessary depending on the individual Wakf Deed.
Kayalpatnam.com>Given that there are over 6000 Wakf bodies, is it possible for the limited number of wakf officials you have to supervise the elections? For example, if all the 6000+ Wakf bodies conduct election at the rate of 2000 Wakf bodies every year, you would have 6 elections to be supervised every day - by a wakf official.
Mr.A. Mohamed Jamaluddin>Although there are 6000+ Wakf Institutions, it consists of Mosque, Dargahs, Burial Ground, Idgahs etc. Elections are not envisaged for Idgahs and Kabrasthans. Similarly some of the Wakfs are coming under hereditary system, for which elections is not envisaged. Further, depending on expiry of the period of tenure of the Wakf in which election is envisaged, it is not mandatory for all the Wakfs. Therefore with the available staff of the Wakf Board, it is sufficient for the Board to conduct election.
Plans are on the anvil to codify the election process of the Wakf. For this purpose, a committee of legal experts and experts in Wakfs is being constituted and after obtaining a report - necessary regulations will be made in the Wakf Act to codify the conduct of election which will facilitate smooth conduct of election.
Kayalpatnam.com>What are the challenges facing the Wakf Board?
Mr.A. Mohamed Jamaluddin>The greatest challenge the Wakf Board is facing is encroachment on the Wakf properties. Besides there is huge problem of defaulting tenants who are not paying rents or paying rent which are below the market rate. This causes huge revenue loss to the Wakfs and consequently a great loss for improving the community services.
Further there has been illegal alienation of the Wakf properties in past. Although the Board takes steps as envisaged in the Wakf Act, the laborious legal process involved causes loss of revenue to the Wakf Board. Further illegal transfer of property is done without the knowledge of the Wakf Board and thus cause hindrance for optimum use of the Wakf land for the benefit of the community.
Many of the hereditary Wakfs have no proper administration due to lapse of continuous management and due to the expiry of the legal heirs. Without any control due to this, the Wakf suffers great loss.
The legal lacuna with regard to administration of Wakf-Alal-Aulad is sought to be remedied through proper intervention of the Central Government in amending the law to facilitate better administration.
Kayalpatnam.com>Is Wakf Board undertaking any special / specific steps to improve the functioning of the Wakf Board?
Mr.A. Mohamed Jamaluddin>In the light of the above challenges, the Wakf Board is now taking steps to improve the finance by enhancing the rents. Further, due to the untiring efforts of the present Wakf Board, the Government has extended the powers of Estate Officer under the Public Premises Act to the Wakf properties. As a result, it will be now easy for the Wakf Board to evict unauthorized occupants from the Wakf lands and thereby increase revenue.
Revamping the administration by inducting fresh blood, Leveraging the Wakfs to take up development of the Wakf properties for optimum benefit to community, Laying more emphasis on performance appraisal of the field staff, Frequent visits to the field and interacting with the Muthawallis to solve the various problems in various Wakfs will result in better administration of the Wakf. Also the Board is taking efforts to put up a vibrant and public friendly website of the Board to enable the public to access information of the Wakfs on the net.
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