By TCN News,
New Delhi: Whether waqf properties can be protected like public properties is an issue hanging in the balance due to legal details among several union ministries for long 25 years. The matter was first examined by Ministry of Urban Development in consultation with the Ministry of Law & Justice in 1988. The latter had advised that the waqf properties could not be included in the Public Premises (Unauthorized Occupants) Act, 1971 since they are not public premises in the sense that they are not owned or hired by the Government.
Vincent H. Pala, Minister of State for Minority Affairs gave this information in written reply to a question in the Lok Sabha on Friday.
He informed the house that a proposal for extension of the provisions of the Public Premises (Unauthorized Occupants) Act, 1971 to waqf properties was referred to the Ministry of Urban Development by the Ministry of Social Justice and Empowerment in July 2000. The Ministry of Urban Development in November 2000 informed that the matter had been examined by them in consultation with the Ministry of Law & Justice in 1988 and the latter had advised that the waqf properties could not be included in the Public Premises (Unauthorized Occupants) Act, 1971 since they are not public premises in the sense that they are not owned or hired by the Government.
Again, the same matter was referred by the Ministry of Social Justice and Empowerment to the Ministry of Law & Justice in September, 2003 and the latter had advised that it was legally not feasible to amend the Central Act, 1971 as the waqf properties are not the properties belonging to the Central Government, informed the minister adding that the Ministry of Minority Affairs has however requested all the State Governments to consider inclusion of Waqf properties under their respective Public Premises Acts.
He said that the Waqf (Amendment) Bill, 2010 as passed by Lok Sabha on 7th May, 2010 was referred to a Select Committee of Rajya Sabha on 31.08.2010. The Select Committee submitted its report to the Rajya Sabha on 16.12.2011. Based on the recommendations of the Select Committee, suitable amendments to the Waqf Act, 1995 are under consideration of this Ministry for protection of Waqf properties and eviction of unauthorized occupants on these properties.