As per Wakf (Amendment) Act 2013 “waqf” /(substituted by “wakf “)means the permanent dedication by any person, of any movable or immovable property for any purpose recognised by the Muslim law as pious, religious or charitable and includes—
(i) a waqf by user but such waqf shall not cease to be a waqf by reason only of the user having ceased irrespective of the period of such cesser;
(ii) a Shamlat Patti, Shamlat Deh, Jumla Malkkan or by any other name entered in a revenue record;
(iii) “grants”, including mashrat-ul-khidmat for any purpose recognised by the Muslim law as pious, religious or charitable; and
(iv) a waqf-alal-aulad to the extent to which the property is dedicated for any purpose recognised by Muslim law as pious, religious or charitable, provided when the line of succession fails, the income of the waqf shall be spent for education, development, welfare and such other purposes as recognised by Muslim law.
And “waqif” means any person making such dedication’.
According to Imam Abu Hanifa, is the detention of specific thing in the ownership of waqf and the devoting of its profit or products “in charity of poors or other good objects”
As stated by Shri Ninong Ering, the Minister of State in the Ministry of Minority Affairs in response to a written question in Lok Sabha.
The Sachar Committee Report has advocated a stringent approach to counter encroachments and related matters in regard to wakf properties.
It has in its report, inter-alia, has recommended that the Public Premises (Eviction of unauthorized Occupants) Act, 1971 should be applied to remove encroachment from Waqf properties and arrears of rent, at market rates, should be recovered as arrear of land revenue.
It also mentioned about the Waqf properties under occupation of the Governments and their agencies.
To protect the waqf properties from encroachment and for better administration of Auqaf in the county, the Wakf Act, 1995, has been amended by the Central Government and the Wakf (Amendment) Act, 2013 also came into force with effect from 1st November, 2013.
The Central Government is also proposing to bring a standalone legislation on the lines of Public Premises (Eviction of Unauthorized Occupants) Act, 1971 to protect waqf properties from encroachment.