By Dr. Syed Zafar Mahmood
Part 3 of the series on Waqf Bill 2010: Part One, Two
In the last part of this series of my articles on Waqf properties and their management in India, I had described in detail the recommendations of the Select Committee of Rajya Sabha set up to consider the Waqf Bill 2010. These recommendations were submitted by the Committee in its report on 17 December 2011. It is expected that in the light of this report, Rajya Sabha will give instructions to the Ministry of Minority Affairs that these recommendations should be included in the Bill and resubmitted to the House.
But before talking about these recommendations by the Select Committee, it is prudent to recapitulate that in the Report of Joint Parliamentary Committee on Waqfs 2008 and the Report of Sachar Committee 2006, there are fourteen (14) such recommendations which were left out in the Waqf Bill 2010 and Rajya Sabha Select Committee ignored them too. A detailed description of these recommendations has been given in the first part of this series. It should be expected that whenever a debate in the Rajya Sabha on the Select Committee report takes place, the conscientious members of the Rajya Sabha will ensure adequate appreciation of these recommendations also by the House and will get them included in the Waqf Bill.
Literally going to the dogs: A dog lies on waqf land of Qanati Masjid in Delhi. [TCN Photo]
Recommendations of the Select Committee of Rajya Sabha are as follows:
One: The Select Committee of Rajya Sabha has mentioned that if the Waqf Survey Commissioner notifies a property as Waqf property, it is not necessary to again get its mutation done by the Patwari through the normal cumbersome circuitous route. For purposes of Revenue Record and ownership of the property, the Gazette Notification done by the Waqf Survey Commissioner should be treated as “Deemed Mutation”.
Two: If there is any contradiction between the Revenue Law of any state and the Waqf Law, then the Waqf Law will prevail.
Three: In the definition of “Encroacher”, public institutions as well as private institutions will be included.
Four: The survey of Waqf properties will have to be completed within a year after the amended Waqf Act comes into effect
Five: The Central Waqf Council will have the power of keeping an eye on the activities of State Waqf Boards and to direct them accordingly.
Six: If there is no suitable Deputy Secretary level officer available to be appointed as the CEO of state Waqf Board, a similar level officer can be borrowed from outside the State on deputation.
Seven: To implement its decisions, the State Waqf Board may issue instructions to the District Magistrate who will be duty bound to carry out such instructions.
Eight: The Waqf property would be leased on the current market rate.
Nine: Irrespective of the income of the Waqf property, the Mutawalli of each Waqf property will have to prepare an annual budget and he will incur expenses accordingly.
Ten: Each Waqf Board with annual income of more than rupees fifty thousand will have to get its accounts annually audited.
Eleven: Under the law relating to the acquisition of land by the Government, before taking any action for a Waqf property, the State Waqf Board must be consulted. Also, it is the duty of the District Magistrate that before initiating any such action regarding any Waqf property, Waqf Board and the Mutawalli should be notified. If the acquisition of any Waqf property is in national interest, on acquisition of that property either another property of same value will have to be provided in any other place to the Waqf Board or the value of Waqf property is to be paid to the Waqf Board at the current market rate. In addition, in both cases, the Government will also pay to the Waqf Board an amount of compensation as “satisfaction of emotions”.
Similarly, there is also a condition that if a proposed plan of national interest is not initiated within a year on any Waqf land so acquired, the Government shall return that land to the Waqf Board or the Mutawalli concerned. From 1995 till the implementation of the amended Waqf Act, all the Waqf properties taken over by the Government will be reviewed and if it is found that a Waqf property is not being used in the national interest or if there is any encroachment thereupon, that Waqf property will be returned to the Waqf Board or the Mutawalli. Moreover, if it is not possible to take such an action, adequate compensation shall be paid on the current market rate or another land of same value will be given to the Waqf Board.
Twelve: The Government will not have the right to issue any directions in respect of the grant of lease of any Waqf property. It may be recalled that under the Waqf Bill 2010, there was a proposal for providing this right to the Government.
Thirteen: Other than the National Minorities Development & Finance Corporation, an independent National Agency for Waqf Development will be constituted.
Fourteen: In order to empower the authorities concerned for removing the encroachment on the Waqf properties, relevant provisions of the Public Premises (Eviction of Unauthorised Occupants) Act 1971 will be incorporated in the Waqf Bill. So that for the legal actions to be taken to remove the illegitimate occupation, Waqf property can be considered as public property.
Fifteen: There will not be more than 90 days gap between two consecutive meetings of the Waqf Board.
Sixteen: There will not be more than 120 days gap between any two consecutive meetings of the Central Waqf Council.
Seventeen: Waqf properties under the occupation of Government or its agencies will be vacated and handed over to the Waqf Board or rent will be paid on the current rate from the date of its occupation. (This provision will be applied as per the circular letter of Prime Minister Indira Gandhi sent to the chief ministers in 1976. It would be recalled that the Sachar Committee made the above recommendation inviting the Government’s attention to Mrs Gandhi’s letterr but this Sachar recommendation too was ignored by the Ministry of Minority Affairs while drafting the Waqf Bill 2010.
Thus, by taking cognizance of the recommendations of Joint Parliamentary Committee 2008 and Sachar Committee 2006, the Select Committee of Rajya Sabha has included the above 17 suggestions in its report dated December 17, 2011. Besides, fourteen other recommendations also need to be considered. These will be discussed in the Rajya Sabha. It is crucial to ensure that all the recommendations receive overwhelming support. Rajya Sabha needs to direct the Ministry of Minority Affairs that by including these 31 recommendations and incorporating the necessary amendments, the Waqf Bill 2010 should be introduced again in the Parliament.
The Muslim community and its sympathizers must keep a close eye on the developments so that the Ministries of Minority and Law do not put a damper on the above mentioned well thought out suggestions which are going to have long-term implications. If this vital issue does not continuously and systematically receive the community’s attention the precious Waqf properties across India will continue to be encroached and will slowly disappear in thin air. Let’s take inspiration from Dr. Sir Mohammad Iqbal:
Jis me na ho Inqilaab maut hai wo zindagi
Rooh-e umam ki hayaat kashmakash-e inqilaab
A life without revolution is no better than death,
The spirit of nations lies in revolutionary actions.
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The author is the president of Zakat Foundation of India, he can be contacted at [email protected]