New Delhi: A Select Committee of Parliament which examined the Wakf (Amendment) Bill, 2010 introduced in Lok Sabha in May 2010 has suggested modification of some 19 clauses of the Bill. The purpose of modifications is to plug all loopholes in the enactment so as to protect and promote wakf property, said the chairman of the select committee Saifuddin Soz here. Some of the salient modification suggested by the committee included removal of power of Wakf Boards to even `mortgage’ any waqf property. At the same time it also empowered the board to lease waqf property for short periods at market rent “in the interest of the community,” said Soz. He said that the committee did not want to enact a law that would disable it to benefit from any future prospects. “We can think in terms of leasing out waqf property for construction of a hospital which could provide the health facility of the standard of a good private hospital,” he said. In this context he also pointed out that in tune with “government’s intention to make wakf properties financially viable, the Committee recommended that wakf properties be exempted from the Rent Control Act.”

In order to protect the wakf property from encroachers, the committee has even suggested penal provision in the proposed law. It also suggested that persons found guilty of encroachment on a Wakf property, would not be allowed to continue as a member of the Wakf Board. In addition to the existing list of disqualifications prescribed in the parent Act, for being appointed or for continuing as a member of the Board, as prescribed in the parent Act, the Committee recommends that any person who has been held guilty of encroachment on Wakf property, shall not be eligible for appointment/continuation as a Member of the Board.

With regard to “inefficiency” in the Wakf Board, the committee noted that this happened mainly “due to lack of adequate supervision by the Wakf Boards. To address this issue, the Committee recommends that the rules must provide for regular meetings of the State Wakf Boards. The time gap between two meetings of the Board should not exceed 90 days.” Regarding meetings of the Central Wakf Council, the Committee noted that “neither the Wakf Act 1995 nor do the Rules framed there under, stipulate the periodicity of the meetings of the Central Wakf Council (CWC). In the absence of such stipulation, the meetings of the Council have been too infrequent and spaced out, to meet its mandate effectively. The Committee, therefore, recommends that not more than 120 days should elapse between two meetings of the Central Wakf Council.” The Committee also suggested modification in the proposed law to “revert back the wakf property if not put in public use.” The Committee recommended that “if Wakf land already acquired is not put to use within one year for the public purpose for which it was acquired, than it shall revert back to the Wakf Board/Mutawali concerned.”

It further suggested that “there should be a review of Wakf lands acquired since 1995 to ascertain whether they have been put to the use for the public purpose for which they were acquired. In case there is a default in use or if the land/property so acquired is encroached upon or put to some other use, then the lands should automatically revert back to the Wakf Board/Mutawalli concerned. However, if such reversion is not feasible, then the market value of the said property should be paid to the Wakf Board/Mutawalli concerned at present day prices after deducting the cost of acquisition already paid or land of equivalent present market value be given to the Wakf Board.”

MG News Desk