Referring to various provisions, the Minister emphasized that the Act has indeed made effective provisions for strengthening the Waqf Institutions and streamline their functioning. Asking stakeholders to remain aware of their assigned roles and functions to achieve the envisaged objectives, the Minister said about half a million square feet built up area be developed in the next one year.
Here is the text of Minister’s Speech-
“It gives me immense pleasure to welcome you all and my colleague Shri Ninong Ering,Minister of State for Minority Affairs, Dr. Lalit K. Panwar, Secretary (MA) and State Ministers in-charge of Waqf and Secretaries, distinguished invitees, members of Central Waqf Council, Chairman and CEOs of State Waqf Boards, representative of Press & Media, Ladies & Gentlemen.
‘The Waqf (Amendment) Act, 2013 has come into force from 1st November, 2013 for better protection, management and development of Auqaf. The Act has indeed made effective provisions for strengthening the Waqf Institutions and streamline their functioning. I would like to highlight some of the important provisions incorporated in the Act:-
“If the tenancy, lease or license has expired or been terminated, the occupant would be considered as encroachers.”
“The Survey Commissioner will be appointed within three months and survey required to be completed within a year.”
“The Central Waqf Council has been empowered to advise the Central Government and the State Government and the State Waqf Boards and shall issue directive to the State Waqf Boards on their financial performance, survey, maintenance of waqf deeds, revenue records, and encroachment of Waqf properties seeking annual report and audit report.”
“The Council has got the power to call for information suo motu, direction of Central Waqf Council may be referred to Board of Adjudication presided over by a Retd. Judge of the Supreme Court or Retd. Chief Justice of High Court in the event of any dispute.”
“A full time Chief Executive Officer (CEO) who is a Muslim and not below the rank of Deputy Secretary is required to be appointed in all State Waqf Boards.”
“D.M., ADM or SDM shall implement the decision of the Board conveyed through CEO of the Board.”
“The Waqf properties may be leased for 30 years and the important point to be noted here is that Central Government shall frame Rules for leasing of the Waqf Properties.”
“In this regard a Committee has been constituted to finalise the guidelines for leasing of the Waqf properties and in fact, the Committee has already submitted the draft lease rules which has been forwarded to the State Governments and State Waqf Boards for their comments by 7th February, 2014 and thereafter necessary lease rules would be notified by the Ministry of Minority Affairs.”
“Central Waqf Council is in the process of finalising its format for seeking various reports as required under section 9(4) of the Waqf Amendment Act and the same are expected to be specified by the Council shortly, which would help the Boards and the Council to function effectively.”
“The need for the conference has been felt to sensitize the Auqaf managers about the role & responsibility assigned to the State Governments, Central Waqf Council and the State Waqf Boards to act in accordance with the various provisions of the amended Act within the specified timelines.”
“Therefore it is necessary for the stakeholders that they remain aware of their roles & functions to achieve the envisaged objectives.”
“As you are aware, the Ministry of Minority Affairs has launched a “scheme of computerization of records of the State Waqf Boards” in the year 2009 based on the recommendation made by the Joint Parliamentary Committee and subsequently, funds were released to the State Waqf Boards for implementation of the scheme.”
“However, the progress of the computerisation work has been reported to be very slow and keeping in view the tardy progress of the data entry work and digitization of records, the Ministry has decided to engage an outsourcing agency to complete the remaining data entry work and digitization by involving Central Waqf Council as the nodal agency for the scheme.”
“I am sure that CWC would soon engage the agency to complete the remaining task of the phase-I scheme and move towards Phase – II and III programme. Consequent to the empowerment given to the State Waqf Boards and the Central Waqf Council towards functioning has been enlarged and it has become necessary to strengthen the functioning of the State Waqf Boards, since they are directly responsible for the management of the Waqf Properties in the State.”
“The Joint Parliamentary Committee in its 9th report has strongly recommended the infrastructure strengthening of the State Waqf Boards, backed by manpower support. In fact, the Sachar Committee in its report also recommended for strengthening of the Waqf Boards.”
“ In line with these recommendations my Ministry has finalised a scheme for strengthening of the State Waqf Boards and CWC has been involved as the implementation agency to monitor the scheme from the current year and the entire duration of the 12th Plan period.”
“The financial support in terms of hiring of suitable personnel in accounts, legal and enforcement areas would help the Boards to function effectively to perform its legitimate role assigned to it and modalities are being worked out by the Ministry and CWC based on the inputs provided by the State Waqf Boards.”
“The Sachar Committee in its report had mentioned about 4.9 lac acres of waqf land all over the country and estimated value assessed for about 1.2 lakh crores. However the present market value of these properties would be much higher, unfortunately the annual income from these waqf properties are vary meagre and if these properties are developed properly it would fetch substantial income.”
“Keeping in view the above potential of waqf properties the Ministry of Minority Affairs has established National Waqf Development Corporation Ltd. (a 500 crores public limited company) with a clear vision for development of the potential waqf properties by providing necessary financial and consultancy services, infrastructure and support services.”
“Central Waqf Council has carried out an analysis of the potential waqf properties available for development all over the country and response of the some of the waqf boards are very encouraging.”
“I am happy to mention that as many as 12 States Waqf Boards have given their inclination for the development of waqf properties and these projects would be taken up by the National Waqf Development Corporation Ltd. shortly after evaluating its technical and financial feasibility of these firm proposals from the interested waqfs.”
“It is proposed to target about half a million square feet built up area for development in the next one year.”
“Encroachment on large Waqf properties has become a matter of great concern for all of us and if corrective actions are not taken well in time the waqf properties would be lost to the community forever. To remove encroachment and retrieve large waqf properties my Ministry is in the process of bringing out a stand-alone legislation called the Waqf Property (Eviction of Unauthorised Occupants) Act, to protect Waqf Properties from encroachment/alienation.”
“Such law would prevent encroachment, alienation and unauthorised occupation of the waqf properties and thus would allow for a better management of Auqaf, so that the income generated through these properties could be utilized for the benefit of the community as per the intent of the Waqif.”
With these words, I thank you all for attending the Conference and wish a meaningful discussion on the Waqf Amendment Act, 2013 and the success of the National Waqf Development Corporation Ltd.”
