Cutchi Memon Digest March 2015

MARCH 2015

E- Books on Cutchi Memon Culture and
Language available on this Book Case

Forgotten Cutchi Memon Customs
of Bygone Years

Introductory Power Point Presentation
Full volume Flip Book

Teach Yourself Cutchi in
English, Malayalam, Hindi

Cutchi Memon Digest Volumes I to IV

Special Features :

I: January 2015 : Introductory Issue

II. February 2015 : Earthquakes in Cutch

III March 2015 : Legal Issues - Waqf

IV April 2015 : Special Kochi Edition

1

CUTCHI MEMON DIGEST
MARCH 2015

Are we familiar with Shariah?
We begin with Waqf

2

CUTCHI MEMON DIGEST

MARCH 2015

NO. 3/1

© COPYRIGHT
ALL RIGHTS RESERVED

DR. J.M.I.SAIT
AND

YOUNG MEN’S CUTCHI MUSLIM ASSOCIATION
THIRUVANANTHAPURAM
Editor:
Dr. J.M.I.Sait
KRA 50, Kamaleswaram
Manacaud

Thiruvananyhapuram 695009

3

CMD No.3/1 March 2015
PREVIEW

EDITORIAL

In this issue of the CM Digest we are
introducing a column on the legal
matters of interest and concern to the Cutchi
Memon Community. They include Waqf properties,
Marriage and inheritance. In this month we will
discuss about the issue relating to the Waqfs due
to its contemporary importance to the community
as a whole

An important fact which needs to be noted here is
that in a large number of waqf properties the
waqifs and mutawallis had permitted poor
Muslims to stay in houses or rooms built on them
at a nominal or no rent. In course of time the rent
agreements, if at all they existed as in most cases
they were oral arrangem-ents, they have lapsed

4

though the original lessees and in all probability
their children or assignees continue to occupy the
premises. Declaring such occupants as encroach-
ers would not only cause immense hardships to
the poor occupants but also result in the
government take over as property without
identifiable owner or Mutawally. ....................

GLIMPSES OF ISLAMIC LAW

Waqf is of paramount importance
to Cutchi Memons as crores worth
properties have been donated by
our ancestors for the common
benefit of all Muslims. Most of
these properties are still in use for
the purposes for which they were dedicated and
quite a few of them were encroached and fell into
adverse hands. Until about 1954 there was no law
enabling the governm-ent intervention in
identifying and management of the waqf

5

properties, when an act to enable public supe-
rvision and control was promulgated. The Wakf
Act of 1954 was modified in 1995 and further
amended in 2013. Section 3, sub section (r) of the
Waqf Act 1995 as it stands now, defines a waqf as
………………..;

OUR LEADERS

Khan Bahadur Fakhr-ut-Tujjar
Hajee Sir Ismail Sait

Ismail Sait was born in March 1859
to Hajee Saliah Muhammad Sait of
Bangalore. Originally from Cutch migrated to
Mysore. In 1870, his family moved to Bangalore
when the British established their cantonment in
Bangalore, four years later, when his father passed
away, Ismail Sait, all of about 15 at the time,
plunged into the business of buying and selling
goods. Ismail Sait, through his various businesses,
catered to the needs of the British. Hajee Sir Ismail
Sait’s first commercial venture was a shop called

6

the English Warehouse, strategically located on St
Mark’s Road, close to where his (mainly English)
customers were. He later diversified into a variety
of businesses. By the early 1900s, Ismail Sait was
one of the richest merchants, not just in
Bangalore, but in all of south India. What
distinguished this businessman from others like
him was his contribution to the growth of Banga-
lore. The shop sold all manner of goods from milk
powder to machinery, everything imported from
England. The shop flourished and soon, there were
branches of English Warehouse in Madras (now
Chennai) and Secunderabad

SECUNDERABAD JAMAT

The origin of the Cutchi
Memon Jamat of Andhra
Pradesh, Secunderabad,
can be traced back to
almost the same period when forefathers migrated
from Cutch with a desire to improve their lives,

7

expand their businesses, and settle down in
various parts of the country. Those Cutchi
Memons that came to the former prin-cely state of
Hyderabad preferred to settle down in
Secunderabad, a cantonment area inhabited
mainly by British civilians and army personnel and
a place suitable for their business activities. On
September 29, 1939, a Managing Committee was
constituted ............

.MYSORE JAMAT

The origins of Cutchi
Memons of Mysore City
are not entirely known. It
is believed that a century
or so ago some Cutchi Memon families migrated
to Mysore city from Bangalore, and started
involving themselves in business and agriculture.
They cultivated paddy fields, which they acquired

8

on lease. There were twelve families initially; five
more followed from Bangalore, Nilgiris, Cochin
and Bombay. Division among these families has
resulted in forty sub-families. Most Cutchi
Memons of Mysore speak Urdu at home; only a
few families have retained Cutchi as their mother
tongue. "Purdah" was observed strictly in some
families. Most Cutchi Memons in Mysore City are
in business: furniture hire and sale, optical goods,
real estate, electrical appliances, carpets and
furnishings, textiles, etc.

ODISHA JAMAT

Cutchi Memons came to
Orissa via Calcutta during
the latter part of the 18th
century. They landed by
boat in Chandbali, the then
port of Orissa. They were

9

businessmen, and their main source of income
was exports of goods to faraway countries such as
Ceylon, Mauritius, Burma and Indonesia. They had
cordial relations with the people of Orissa, and
very soon became prominent. They conducted
their business activities through the port of
Chandbali, and from the coasts of Paradip, Puri
and Gopalpur-on-Sea by means of small country
boats which plied up to the steamers that were
anchored in deep sea. It is said that the first steam
launch which touched the port of Chandbali
belonged to the famous Late Haji Mohamed
Zakaria Sait of Calcutta, father of Sir Abdul
Razzaque Mohamed Kt., a cabinet minister of

Mauritius.

KOLKATA JAMAT

The arrival of Cutchi Memons
in Calcutta (now known as

10

Kolkata) dates back to 1840, and was necessitated
by their need to feed and foster their trade with
Burma (now Myanmar), Java, Singapore, Ceylon (Sri
Lanka) and Mauritius where they were established
in business since the early thirties of the 18th
century. During the whole of the eighteenth
century and until the early nineteenth, Cutchi
Memons reig-ned supreme as importers and
exporters of general merchandise to and from
Burma (Myanmar), Java, Singapore, Ceylon (Sri
Lanka) and Mauritius. In their sphere of trade and
commerce, they were without any parallel, and
were important in local and overseas markets. In
some commodities, they were conside-red "kings",

especially in imported rice
and sugar…

SATARA JAMAT

11

Satara is located in Maharashtra State in Western
India, and has about 150 Cutchi Memons from 22
Cutchi Memon families. Althou-gh Cutchi Memons
migrated to Satara from various parts of India as
traders and merchants over the span of a centu-
ry, it is only during the last five decades that the
Cutchi Memon population has increased
dramatically. When the need for a Jamat was felt,
Kasam Umer Kacchi (Galaria), Abdul Gaffar,
Ishaque Kacchi (Isani), Mohammed Memon invited
all members of the 22 families to a meeting to
discuss its formation, This meeting was held on
October 19, 1992, and was a great success. All
Cutchi Memons present at the meeting decided to
form a Jamat, and to elect a Managing
Committee This proved that there was unity
among Cutchi Memons of Satara, and great love
among the brethren. .....................

12

MAURITIUS CM SOCIETY

In 1810, the English captured the island, and
renamed it Mauritius. The Treaty of Paris of 1814
affirmed the English as possessors of the island. In
1852, Mauritius came out of its forced isolation
with the inauguration of a steam ship service. This
service was most beneficial to the island, as it
promoted its interests around the world and
facilitating communication with other parts of the
globe.

It was at this time that Cutchi Memons traveled to
Mauritius from India. They banded together, and
the first task they undertook was to build a small
masjid, naming it "Mosque de Arabes". Prior to
this, one Mr. Ismail Jeeva son of Haji Hafeez Jeeva,
conducted prayers on a plot of land that was
purchased for Rs. 6800/. This land was donated to
the Muslims of the island.

13

As years went by, Cutchi Memons and other
Muslims prospered in trade of grains, and in
import and export. When our people increased in
numbers, they felt that the small masjid no longer
served their needs, and they purchased adjoining
lands to construct a bigger masjid. A new masjid
was opened in 1877. Prominent among Cutchi
Memons for taking a keen interest in the affairs of
the masjid was Janab Hajee Joonas Allarakhia. He
came to Mauritius in 1950, ...............

PANJO CUTCHI RASOSDO

HALEEM
Haleem is a curried porridge made of different

types of meat, grains

and pulses. It is

usually prepared

during Ramadan for

iftar (breaking the fast.)

14

DAR GOST
Dar (Any split Lintel)+ Gost (Meat)

Meat with lentils is
traditional Cutchi prepa-
ration. Like Haleem it is
protein rich. It is a good
combination with Bajare ji
rotli, though it also goes well with any other kind
of roti (maani in Cutchi) Parattha and rice. Making
Dar Gost is as simple as making Khichdi. .....

TRADITIONS

Cutchi Memons were very
fond of costly and elegant
dresses. The women folk
wore Bandi (a full sleeve
blouse used as an under
garment, an Aboh ( long
gown), Mondia Ejjar

15

(trousers with embroiderd or laced anklets), and a
Mungalmo (duppatta). An embroidered head
cover, Missar or scarf, was a typical component.
They covered themselves from head to foot with a
Millayo (a dark brown silken sheet with broad
intricate zari - gold lace). On the wedding brides
wore Khombi, a veil made of red and black silk
bandhini (the famous Cutchi tie and dye fabric)
and a lot of jewellery. ..

SAIT ?

What does Sait mean?

The real meaning of Sait is unknown.
The name Sait has a web popularity of
26,100,000 pages.
Sait has a Facebook presence of 7,130,000 pages.
Sait has a Google+ Plus presence of 149,000
pages.
Sait has a Linkedin presence of 161,000 pages.

16

Sait has a Twitter presence of 141,000 pages.
Classmates.com has 1,140 occurrences for name
Sait.
White Pages has 55,600 occurrences for name
Sait.
Cutchi Memon Sait ????

17

Editorial

‫ﺴﻢ ﷲ ﺍﻠﺮﺤﻣݧ ﺍﻠﺮﺤﻴﻢ‬
Dear Brethren,
‫ﺁﻠﺴﻶﻡ ﻋﻠﻳﻜﻡ ﺮﺤﻣﺔ ﷲ ﻭ ﺒﺮﮐﺁﺗﮥ‬
In this issue of the CM Digest we are introducing a
column on the legal matters of interest and
concern to the Cutchi Memon Community. They
include Waqf properties, Marriage and inheritance.
In this month we will discuss about the issue
relating to the Waqfs due to its contemporary
importance to the community as a whole.

18

Waqf is of paramount importance to Cutchi
Memons as crores worth properties have been
donated by our ancestors for the common benefit
of all Muslims. Most of these properties are still in
use for the purposes for which they were
dedicated and quite a few of them were
encroached and fell into adverse hands. The recent
amendment to the Waqf Act- Waqf (Amendment)
Act 2013) makes it mandatory for the the Waqf
Boards to conduct updation surveys of waqfs and
to evict and penalise encroachers on waqf
property. So far it is fine and acceptable.

An important fact which needs to be noted here is
that in a large number of waqf properties the
waqifs and mutawallis had permitted poor
Muslims to stay in houses or rooms built on them
at a nominal or no rent. In course of time the rent
agreements, if at all they existed as in most cases

19

they were oral arrangements, they have lapsed
though the original lessees and in all probability
their children or assignees continue to occupy the
premises. Declaring such occupants as
encroachers would not only cause immense
hardships to the poor occupants but also result in
the government take over as property without
identifiable owner or Mutawally. The Jamats would
have to look into the issue and advise the
Mutawallies and residents to update their
contracts lest the Government should move in.
Where Mutawallies are not traceable the Jamat
should stand in for the Mutawally and regularise
the occupancy. Creating awareness among the
occupants about the potential danger needs
consideration. In the case of property encroached
by others or otherwise disposed of by the corrupt
Mutawallies, the Jamats concerned should
endeavour to recover possession.as ostensible
agents for the waqif or Mutawally. An exercise of

20

locating such properties and raising their claims, if
needed by initiating a process to get the law
amended in favour of the Jamats to which the
waqif would have belonged to, needs to be
thought of soon, as the mandatory time period for
the survey of waqf properties (including the
encroachments) is already over and the
governments are likely to have started the eviction
process.

An important decision of the Supreme Court on
9th February 2015 needs to be viewed critically.
What the apex court has ruled is that a Muslim's
fundamental right to profess Islam does not
include practicing polygamy. The Muslim personal
Law though permits men to have four wives,
polygamy was not integral to religion. What was
protected under Article 25 (right to practice and
propagate any religion) was the religious faith and

21

not a practice which may run counter to public
order, health or morality.
Readers are requested to send in their reactions
and comments to this. They will be incorporated in
an article under Glimpses of Islamic Law in the
April Issue.
‫ﻭﺁﻠﺴﻶﻡ‬
J.M.I. Sait
Editor

22

Glimpses of Islamic Law

In this column we will present some of the aspects
of Law of interest to Cutchi Memons, particularly
regarding Endowments, Marriage and succession.
WAQF
"When a human being dies, his work for God
comes to an end except for three: a lasting charity,

23

knowledge that benefits others, and a good child
who calls on God for his favor."

"And in their wealth there is due share for the
beggar and the deprived."

A Waqf is an arabic word its plural is awqaf. It is a
religious endowment which cannot be taken away.
In Islamic legal terminology, Waqf means chiefly to
protect a thing; so that it does not become the
property of a third person. It signifies the
dedication of property to charitable purposes.

Prophet Muhammad (peace be upon him) laid a
great stress on the Waqf in favour of orphans. He
said: ―Whoever treats an orphan girl or boy well, I
will be with him on the Day of Resurrection like
these‖, and he pointed to his two fingers, the
index finger and the middle finger stuck together.

24

Evidence for Waqf’s legitimacy can be deduced
from the Quranic verse in Surah A’l Imran which
reads: ―You shall not receive goodliness unless you
spend out of that which is dear to you‖; which the
venerable companion Abu Talha interpreted
accordingly and hence endowed his exquisite
garden Birhaa as Waqf, which action was approved
by the Messenger (Peace be upon him). The first
Waqf in Islam was that of Umar ibn Al-Khattab –
May Allah be pleased with him- Ibn Khuzaimah
writes in his book, chapter titled the first
endowment in Islam, the asset of Ibn Umar.In
sunnah, the Hadith narrated by ibn Umar: In the
lifetime of Allah’s Messenger (pbuh), ―Umar gave a
charity some of his property, a garden of date
palms called thamgh. ―Umar said, ―O Allah’s
Messenger! I have some property which I prize
highly and I want to give it in charity.‖
The Prophet (pbuh) said, ―Give it in charity (i.e. as
an endowment) with its land and trees on the

25

condition that the land and trees will neither be
sold nor given as a present, not bequeathed, but
the fruits are to be spent in charity.‖

It signifies that the source of income becomes
bequeathed and neither its owner, nor his heirs
nor anybody else is allowed to use it, except the
people for whom it was bequeathed such as the
poor, the sick, orphans, holy fighters, knowledge
seekers, passers-by, and widows. Thus, ―bequest‖
results in terminating the owner's right- right to
own and the right to dispose. Dedication ensures
offering the progeny –yield- of this property in the
cause of ALLAH to those for whom it has been
bequeathed by the waqif.

There are two basic types of waqf. Waqf Khairee
(general Waqf) is generally for the welfare of the
poor, the needy, public utilities such as schools,
colleges, hospitals, clinics, old people’s houses

26

and orphanages, etc. The first religious waqf is the
mosque of Quba' in Madinah which was built upon
the arrival of the Prophet Muhammad in 622.
Philanthropic waqf aims at supporting the poor in
the society.

Waqf Khas or Waqf Ahlee (private Waqf) is initially
endowed upon oneself, children, relatives, and
later revolves for the benefit of broader welfare
purposes. The first waqf khas was established
after the death of the prophet during the reign of
Umar, the second successor

The Waqf is a cardinal Islamic institution that has
influenced Islamic and world economic
development and socio-economic or political
history. The Waqf's significance arises out of its
centrality to the Islamic principle of charity (zakat).
The Qur’an contains no specific reference to the
endowment (waqf) and its legal parameters have
been developed through centuries by jurists. The

27

waqf was a key public institution within Islam and
the cities under Ottoman rule, and is still popular
today. Waqf creates habit among people to
exercise their duties. Quran says, "The (true)
believers are those only who believe in ALLAH and
His Messenger and afterward doubt not, but strive
with their wealth and their lives for the cause of
ALLAH."

Waqf inculcates among Muslims to think and make
plans for the future. Waqf endowment is
considered as a process of anticipating and
managing the future: a hereafter future for the
person making the Waqf endowment, and a
worldly future for the person benefiting from it. It
is a source for the purification of the soul "Of their
wealth take alms to purify and sanctify them." It
also insures basic needs for society and its needy
classes in a lasting, guaranteed way.

28

There are four canons of Waqf. The endower, the
target beneficiary (person or purpose), the
endowed assets (property or fund) and the legal
form or terms in which the Waqf contract is written
or expressed.

The institution of Waqf has played a positive role
in social, economic and moral development of
Muslim societies over time. The administrative
diversities and different uses of their revenues
provide an element of flexibility in introducing
needed reform in our time. This institution which
reconfirms the role of ―Ijtihad‖, is capable of
dealing with modern problem of public finance. If
properly organized and supervised, it can provide
a sustained source of transfer payments for
eradicating sufferings of the poor like the relief or
eradication of poverty; the advancement of
education; the promotion of art, science and
religion; the protection of the environment; the

29

advancement of human rights and fundamental
freedom; or any other purposes which are
beneficial to the community.

Indian Waqf Law

Waqf is of paramount importance to Cutchi
Memons as crores of Rupees worth properties
have been donated by our ancestors for the
common benefit of all Muslims. Most of these
properties are still in use for the purposes for
which they were dedicated and quite a few of them
were encroached and fell into adverse hands. Until
about 1954 there was no law enabling the
government intervention in identifying and
management of the waqf properties, when an act
to enable public supervision and control was
promulgated. The Wakf Act of 1954 was modified
in 1995 and further amended in 2013. Section 3,

30

sub section (r) of the Waqf Act 1995 as it stands
now, defines a waqf as follows;

"Waqf‖ 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

31

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,"
Wakfs are categorized as
(i) Wakf by user such as Masjids, Prayer Halls,
Graveyards, Musafir Khanas (Sarai) and
Chowltries etc.,
(ii) Wakf under Mashrutul-khidmat (Service
Inam) for services such as Qadhi, Nirkhi, Pesh
Imam and Khateeb, Muazzin and the like
(iii) Wakf Alal-aulad is dedicated by the Donor
(Wakif) for the benefit of their kith and kin
and for any purpose recognised by Muslim
law as pious, religious or charitable.

A waqf may have a range of Beneficiaries.

32

―Beneficiary‖ means a person or object for whose
benefit a waqf is created and includes religious,
pious and charitable objects and any other objects
of public utility sanctioned by the Muslim law.
Usually the founder makes arrangements before-
hand by appointing an administrator (called nāẓir
or mutawallī or ḳayyim) and lays down the rules
for appointing successive administrators. The
founder may himself choose to administer the
wakf during his lifetime. In cases where the
number of beneficiaries is limited there is no need
for an administrator, and the beneficiaries
themselves can take care of the waqf (as they are
regarded the virtual owners). Benefit under the
Waqf does not include any benefit which a
mutawalli is entitled to claim solely by reason of
his being such mutawalli.

A Mutawalli is a person on whom the right and
responsibility for the administration of the waqf is

33

vested. The Act defines the Mutawalli as " any
person appointed, either verbally or under any
deed or instrument by which a waqf has been
created, or by a competent authority, to be the
mutawalli of a waqf and includes any person who
is a mutawalli of a waqf by virtue of any custom or
who is a naib-mutawalli, khadim, mujawar,
sajjadanashin, amin or other person appointed by
a mutawalli to perform the duties of a mutawalli
and save as otherwise provided in this Act, any
person, committee or corporation for the time
being managing or administering any waqf or
waqf property:

Provided that no member of a committee or
corporation shall be deemed to be a mutawalli
unless such member is an office bearer of such
committee or corporation;

34

Provided further that the mutawalli shall be a
citizen of India and shall fulfil such other
qualifications as may be prescribed:

Provided also that in case a waqf has specified
any qualifications, such qualifications may be
provided in the rules as may be made by the State
Government;‖

The administrator, like other persons of
responsibility under Islamic law, must have
capacity to act and contract. In addition,
trustworthiness and administration skills are
required. Some scholars require that the
administrator of this Islamic religious institution
should be a Muslim, though the Hanafi scholars do
not insist on this requirement.

The subject of "Waqf" comes under Entry No. 10
"Trust and trustees" and No. 28 "Charities and
charitable institutions, charitable and religious

35

endowments and religious institutions" in the
concurrent list attached to the 7th Schedule to the
Constitution of India. Supervision over the
administration of wakfs is, therefore, the
responsibility of both the Central and State
Governments and accordingly, as soon as the Wakf
Act 1954 was passed, the Central Government
issued directives to the State Governments to
implement the Act for administering the wakf
institutions like Mosques, Dargah, Ashurkhanas,
Graveyards, Takhiyas, Iddgahs, Imambara,
Anjumans and various religious and charitable
institutions.

The Central Government is responsible for the
implementation of the Wakf Act. It has been taking
up issues of common concern to promote the
interests of Wakfs in the country. The Wakf Act,
1954 had provisions for survey of Wakfs,
constitution of Central Wakf Council and State

36

Wakf Boards etc. The Wakf Act, 1954 was
amended many times. Finally a comprehensive and
land mark legislation i.e. Wakf Act, 1995 was
enacted in November, 1995, which became
effective from 01.01.1996. This Act is applicable
throughout the country except for Jammu &
Kashmir and Dargah Khwahja Saheb, Ajmir. The
management of Wakf is undertaken by the Central
Wakf Council, India, a statutory body under
Government of India, which also oversees State
Wakf Boards. In turn the State Wakf Boards work
towards management, regulation and protection of
the Wakf properties by constituting District Wakf
Committees, Mandal Wakf Committees and
Committees for the individual Wakf
Institutions. The Council is headed by a
Chairperson, who is the Union Minister Incharge of
Wakfs, while Secretary is the Chief Executive of the
Council. The Council has a maximum of 20 other
members, appointed by Government of

37

India. Central Wakf Council normally meets twice
in a year. Committees are appointed by the
Council for the discharge of its various functions.

The main purpose of the Council is to advise the
Central Government on matters concerning the
working of the State Waqf Boards and
administration of the Waqfs. Floor level
administration is the responsibility of the State
Waqf Boards. The Board are required to maintain
records containing the details regarding the
origin, income, object and beneficiaries of every
wakf. It is one of the basic functions of the board
to see to the proper application of the income of
the wakf properties, in accordance with the objects
and purpose of the wakf. Misapplication and
misappropriation of the income from the wakf
properties having become a common feature, the
Board are duty bound to make a lynx eyed scrutiny
of the income and the expenses of every wakfs.

38

The inspectors and superintendents of wakfs
should make periodical and surprise scrutiny of
the accounts of the wakfs and are held responsible
for any lapse on their part. The power to frame
schemes for management of wakfs is vested on
the Board and this power can be exercised only
after due notice to the Mutawalli and to all parties
affected and after giving them sufficient
opportunities of being heard. This is done by the
Board on its own motion or on the application of
not less than 5 persons interested in any wakf to
frame a scheme for the administration of that wakf
in consultation with the mutawalli and the
applicants, if it is satisfied that the framing of a
scheme is necessary or desirable. The Act defines
a person interested in a waqf as

"Any person who is entitled to receive any
pecuniary or other benefits from the wakf and
includes—

39

(i) any person who has a right to ―offer
prayer‖ and ―khanqah, peerkhana and
karbala’’ or to perform any religious rite in a
mosque, idgah, imambara, dargah, khangah,
maqbara, graveyard or any other religious
institution connected with the wakf or to
participate in any religious or
charitable institution under the wakf;
(ii) the wakif and any descendant of the wakif
and the mutawalli;" (―waqif‖ means any
person making the Waqf)."

The Board has power to issue directions: -

i. For the utilisation of the surplus
income consistent with the objects of the wakfs

ii. For the manner of utilising the income
where the object of the wakf is not disclosed in
any written instrument

iii. Where any object of a wakf has ceased
to exist or has become incapable of achievement.

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The Board has power to

(a) remove Mutawallis in

(b) take measures to recover lost properties

of any wakf

(c) institute and defend suits and

proceedings relating to wakfs.

(d) exercise general superintendence of all

wakfs in the state

(e) sanction any transfer of immovable

property of a wakf by way of sale, gift,

mortgage, exchange or lease, provided that

no such sanction shall be given unless at

least two- thirds of the members of the

Board vote in favour of such transaction

(f) administer the wakf fund in accordance

with the sec 76 of the act

(g) call for such returns, statistics, accounts

and other information from the mutawallis

with respect to the wakf property as the

Board may, from time to time, require

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(h) inspect, or cause inspection of, wakf
properties, accounts, records or deeds and
documents
(i) investigate and determine the nature and
extent of wakf and wakf property, and to
cause, whenever necessary, a survey of such
wakf properties and
(j) do generally all such acts as may be
necessary for the control, maintenance and
administration of the wakfs in the state.

The 2013 amendment introduced new provisions
under which

(A) ― Every State Government shall maintain a list
of auqaf" and "the survey of auqaf shall be
completed within a period of one year from the
date of commencement of the Wakf (Amendment)
Act, 2013, in case such survey was not done
before the commencement of the Wakf

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(Amendment) Act, 2013: Provided that where no
Survey Commissioner of Waqf has been appointed,
a Survey Commissioner for auqaf shall be
appointed within three months from the date of
such commencement.‖;

(B) "The revenue authorities shall— (i) include the
list of auqaf while updating the land records; and
(ii) take into consideration the list of auqaf while
deciding mutation in the land records."

It is common knowledge that most of the waqf
properties are in the cities and towns were Cutchi
Memons had established their businesses and
homes and as such the properties are now worth
crores of rupees. It is also well known that owing
to the elapse of time the mutawallis have become
disinterested in the upkeep, or permitted
knowingly or out of ignorance or inability allowed

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them to be encroached. The 2013 amendment
aims at recovering the encroached properties.
An encroacher is defined as "any person or
institution, public or private, occupying waqf
property, in whole or part, without the authority of
law and includes a person whose tenancy, lease or
licence has expired or has been terminated by
mutawalli or the Board". The officers of the Waqf
Board are bound to recover such encroached
properties. According to the amendment "The
Tribunal (constituted under the 1995 Act) shall
have the powers of assessment of damages by
unauthorised occupation of waqf property and to
penalise such unauthorised occupants for their
illegal occupation of the waqf property and to
recover the damages as arrears of land revenue
through the Collector: Provided that whosoever,
being a public servant, fails in his lawful duty to
prevent or remove an encroachment, shall on
conviction be punishable with fine which may

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extend to fifteen thousand rupees for each such
offence.‖
An important fact which needs to be noted here is
that in a large number of waqf properties the
waqifs and mutawallis had permitted poor
Muslims to stay in houses or rooms built on them
at a nominal rent. or free of rent In course of time
the rent agreements, if at all they existed,, have
lapsed though the original lessees and in all
probability their children or assignees continue to
occupy the premises. In most cases they were oral
arrangements. Declaring such occupants as
encroachers would not only cause hardships to
the poor occupants but also result in the
government take over as property without
identifiable owner or Mutawally. The Jamats would
have to look into the issue and advise the
Mutawallis and residents to update their contracts
lest the Government should move in. Where
Mutawallis are not traceable the Jamat should

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stand in for the Mutawally and regularise the
occupancy. Creating awareness among the
occupants about the potential danger needs
consideration In the case of property encroached
by others or otherwise disposed of by the corrupt
Mutawallis, the Jamats concerned should be able
to claim possession as ostensible owners /
mutawallis . An exercise of locating such
properties and raising their claims, if needed by
initiating a process to get the law amended in
favour of the Jamats to which the waqif would
have belonged to, needs to be thought of soon, as
the mandatory time period for the survey of waqf
properties (including the encroachments) is
already over and the governments are likely to
have started the eviction process

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OUR LEADERS

KHAN BAHADUR FAKHR-UT-
TUJJAR SIR ISMAIL SAIT.
KNIGHT BACHELOR

Ismail Sait was born on March 7, 1859 to Hajee
Saliah Muhammad Sait of Bangalore. Originally
from Cutch migrated to Mysore. In 1870, his
family moved to Bangalore when the British
established their cantonment in Bangalore, four
years later, when his father passed away in 1874,
Ismail Sait, all of about 15 at the time, plunged
into the business of buying and selling goods. It is
said that he was educated at Bangalore and
Madras; but no clear indication as to where he
studied is not readily available. According to Arif
Hussain, at the Hazrat Haider Shah Jeelani Dargah

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in Bangalore, retold by Aliyeh Rizwi in Bangalore
Mirror, May 5, 2014, an unverified anecdote about
his early years has it that he was advised by the
saint, his spiritual mentor, to initially trade in
goods that were white in colour (like eggs, garlic
and milk) to ensure wealth and success. Ismail
Sait, through his various businesses, not limited to
milk powder and eggs, catered to the needs of the
British, from milk powder to machinery, everything
imported from England. Hajee Sir Ismail Sait’s first
commercial venture was a shop called the English
Warehouse, strategically located on St Mark’s
Road, close to where his (mainly English)
customers were. The shop flourished and soon,
there were branches of English Warehouse in
Madras (now Chennai) and Secunderabad. He later
diversified into a variety of businesses. By the
early 1900s, Ismail Sait was one of the richest
merchants, not just in Bangalore, but in all of
south India. What distinguished this businessman

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from others like him was his contribution to the
growth of Bangalore.

At the age of 22, he became a director in the
newly-established Carnatic Mills (which later
merged with another mill to become the well-
known Binny Mills). He owned and operated mines
in Kolar Gold Fields and Shimoga. He supplied
various provisions to the British army
establishment in Bangalore, including horse gram.
He traded in timber. In 1913 he obtained from the
Mysore Government the Abkari contract for
Mysore and ran a distillery (Asthagfirhullah) He
also ran a carbonic acid manufacturing unit in
Calcutta. He served as director in the Mysore
Sandalwood Oil company, the Mysore Sugar
company, Mysore Bank Limited and the
Bhadravathi Iron Works.

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