Section 97 of The Waqf Act, 1995
Subject to any directions issued by the Central Government under section 96, the State Government may, from time to time, give to the Board such general or special directions as the State Government thinks fit and in the performance of its functions, the Board shall comply with such directions: 1[Provided that the State Government shall not issue any direction being contrary to any waqf deed or any usage; practice or custom of the waqf.]
Summary
- The State Government can give general or special orders to the Board to follow.
- These state directions are subject to any higher rules set by the Central Government.
- The Board is required to follow these state instructions while doing its job.
- However, the State Government cannot give orders that go against the original waqf deed or local customs.
Practical examples
FAQ
1. Does the State Government have power over the Waqf Board?
Yes, under Section 97 of the Waqf Act, 1995, the State Government can give directions that the Board must follow.
2. Can a State order override a Central Government order?
No, Section 97 of the Waqf Act, 1995 says State directions are subject to Central directions issued under Section 96.
3. Can the State Government change the rules in a waqf deed?
No, Section 97 of the Waqf Act, 1995 forbids the State from giving directions that are contrary to the waqf deed.
Test yourself
Q1.Under Section 97 of the Waqf Act, 1995, State directions are subject to whose higher directions?
Q2.What is the Board's duty regarding State directions under Section 97 of the Waqf Act, 1995?
Q3.Under Section 97 of the Waqf Act, 1995, a direction cannot go against which of these?
Q4.If the Central Government sets a welfare policy under Section 96, can the State change it using Section 97?