Central Wakf Council to track illegal property transfer nationwide
By TwoCircles.net staff reporter
The 52nd meeting of the Central Wakf Council was convened in New Delhi. It was presided over by the Union Minister for Minority Affairs and Chairman of the Central Wakf Council, Mr. A.R. Antulay.
The meeting was convened for finding ways to improve the management and administration of the waqf properties through out the country. He said that the Central Wakf Council has to act as a guiding force to various State Wakf Boards to improve the management of wakf properties and also to get rid of unauthorized occupation of the properties in various parts of the country.
The members of the Council emphasized on the need to early setting up of National Wakf Development Corporation (NWDC) and also to take appropriate steps for exemption of wakf properties from the purview of the various legislations as recommended by the Sachar Committee.
The decision to set up National Wakf Development Corporation was taken last year. In the 50th meeting of the Council in May 2006, NWDC was authorized capital of Rs. 500 crore for the faster development of both urban and rural Wakf properties on commercial lines.
The Minister assured the members that necessary steps have been initiated to set up a National Wakf Development Corporation and the matter is at various stages of implementation. He hoped that establishment of National Wakf Development Corporation will be possible in near future. As far as the exemption of wakf properties from the purview of certain acts, it was informed to the members that the Council is already on the job and is collecting various details of the laws as applicable in those areas and also to examine how wakf properties can be exempted from the purview of these laws with a view to make better management of wakf properties. Some of the States have responded in this regard and some are yet to respond. Minister assured to the members that the matter will be expedited.
The member was also informed that the Central Wakf Council will send its views on the proposed amendments in the Wakf Act, 1995 for which a JPC has already been constituted. For this purpose a special Committee was set up to formulate such views. It was also decided that a Conference of Chief Ministers and Wakf Ministers of various states will be convened on measures for survey, protection and proper development and management of wakf properties. It was also decided that Central Wakf Council will keep an eye on illegal transfers of wakf properties in any part of the country and will bring these to the notice of concerned authorities.
The meeting was attended by former MP and president of Majlis-e-Mushawarat, Syed Shahabuddin, former Union Minister Salman Khurshid, Maulana Mohd.Fazlur Rahim Mujadadi and Justice (Retd.) Naseemuddin and other members of the Council.
Questions to the Concerned
Few Open Questions to the Minorities Affairs Minister and the Chairmen of Central Wakf Council.
a. Why can’t the State Boards put the survey reports of respective States on Web along with the details of Properties Encroached, leased out, under litigation with cross details.
b. How many decennial surveys were done on the ’Wakf’ Property so-far? What is the difference of property in-terms of ‘quantity’ from the last British survey and the recent survey?
c. How much grant was released by Central and State governments after the enactment of National Wakf Council Act 1995.
The Mockery of Wakf
The problems faced by ‘this’ institution is due to lacunae in ‘Central Wakf Council act 1995, Indifference of respective State Governments and vested interest of Polity through making use of ‘Mutawallis’ and leaders of the Community as pawns. It was observed Most of the States have not conducted ‘Survey’ of the properties. This resulted in non-availability of records and facilitated litigation across the country. The attitude of the state governments and their agencies has resulted in large scale abrogation of the cherished and charitable objectives of the Wakfs for which such endowments were created. As early as nineteen seventies Prime Minister Indira Gandhi wrote a letter to the Chief Ministers asking them to either vacate or pay to the Wakf Boards the market value of the Wakf properties. Alternatively, the directive was to pay lease rent at market rents for the Wakf properties encroached upon by the governments and their agencies
Encroachments on the Wakf properties are the result of vested interested among the polity in power. The Boards appointed by the state governments run by the people with this interest is a known factor responsible for the pathetic condition of ‘Wakf’. Many states have huge amounts that are outstanding but not paid to the Wakf Boards for various reasons. The respective state governments have remained indifferent for many years. The Joint Parliamentary Committee was constituted during 1996-2006 to look into the matter and its recommendations are awaited.
It was estimated that there are more than 4.9 lakh registered Wakfs spread over different states and union territories of India with an area at about 6 lakh acres and the book value at about Rs 6,000 crores. The book values of the Wakfs properties are about half a century old, the current value can safely be estimated to be several times more and the market value of the Wakf properties can be put at Rs. 1.2 lakh crores (1,200 billion). If these properties are put to efficient and marketable use they can generate at least a minimum return of 10 per cent which is about Rs. 12,000 crores per annum.
A recent estimate of the current value of Wakf properties in Delhi alone is in excess of Rs. 6,000 Crores (Rs. 60 billion). The current annual income from these properties is only about Rs. 163 crores, which amounts to a meager rate of return of 2.7 per cent. Of this amount the Wakf Boards are entitled to receive a share at the rate of 7% which is used for the working expenses of the Wakf Boards. The remaining amount is expected to be spent on the stated objectives of the respective Wakfs. Even this amount is not being paid to the Boards properly.
The state Wakf Boards become in-effective and are not empowered to deal with the removal of encroachment of Wakf properties. Additionally it has been observed that the Wakf Tribunals as notified in the Wakf Act have been found to be not as effective as they were envisaged to be (Section 83 and 84). The Wakf Board is deprived of the legitimate use of and profits accruing from the property because of litigation. It would therefore be appropriate to amend Section 83 (4) of the Wakf Act to specify that the Wakf Tribunal will be manned by full time presiding officer appointed exclusively for Wakf purposes.
The solution lies with Amending the Central Wakf Council Act along with relevant provisions of Rent Control Act, Land Reforms Act, Agricultural Land Ceilings Act, Urban Land Ceiling Act, Registration of Properties Act, Tenancy Act, Stamp Duty Act, Court Fee Act, Income-tax Act, Private Forest Vesting & Assignments Act etc, along with application of the Public Permises (Eviction of Unauthorized Occupation) Act, 1971 to remove encroachment from Wakf properties and arrears of rent, at market rates, should be recovered as arrears of land revenue. This can only be done by converting the ‘Boards’ in to Commissionerates’ by amendment to the CWCA.
This needs lot of Pressure form the community, political representation and transparency of the Governance as proposed in Eleventh Chapter of the ‘Sachar Committee report'. Unfortunately Community is powerless and indifferent over the issue for known reasons.
AarizMohammed
Center for Minorities Empowerment,
Hyderabad,
Andhra Pradesh