Karnataka State Board of Wakf, Chairman, R. Abdul Reyaz Khan presented a survey report which includes the implementation of various Waqf amendments introduced in the Waqf Act, 1995, in order to strengthen the Wakf institutions and streamline their functioning, at the press conference held here at press club on January 04.
On the occasion, Mr. Reyaz shows his gratitude to Dr. K. Rahman Khan, union minister for Minority Affairs, Government of
India. He expressed that “Dr. K Rahman Khan is the pioneer in bringing the amendments who has a vision and dedicated commitment towards the development, protection and safeguarding the Wakf properties in the Country.” the amended Act has been introduced across the Country with effect from 1st November 2013, he added.
The Karnataka State Board of Auqaf has implemented the said Waqf (Amendment) Act 2013, wherein there are many amendments incorporated in the Act. Among them, some of the following important amendments which highlighted in the survey report are:
Survey of Auqafs: Section 4 (6):
The State Government by notification in the Official Gazette would direct the Survey Commissioner to make a second or subsequent survey of Wakf properties in the State once in ten years.
The Survey of Auqaf should be completed within a period of one year from the date of commencement of this Amended Wakf Act.2013.
Publication of list of Auqaf: Section 5:
The State Government should maintain a record of list of Auqaf referred to in sub-section (1).
Leasing of Wakf properties:
Leasing of Wakf properties under Section 56 of the Wakf (Amendment) Act.2013, by which the Central Government has been empowered to make rules for the purpose of leasing of the Waqf properties by the State Wakf Boards, which reads as under;
“Provided that a lease for any period up to thirty years may be made for commercial activities, education or health purposes with the approval of the State Government of such period and purposes as may be specified in the rules made by the Central Government”.
The Central Government is in the process of framing of lease rules for getting better revenue from the valuable Wakf properties. Therefore, no fresh lease or renewal of lease may be sanctioned till the time new lease Rules are notified by the Central Government.
Eviction of encroachments:
The term ‘encroacher’ defined in the Amended Wakf Act, 2013
As per Section 3 (ee): “encroacher” means any person or institution, public or private, occupying Waqf property, in whole or part, without the authority of law and includes a person whose tenancy, lease or licence has expired or has been terminated by mutavalli or the Board”.
Section: 52(A) inserted to provide (1) whoever alienate or purchase or takes possession of, in any manner whatsoever, whether permanently or temporarily, any movable or immovable property being a wakf property, without prior sanction of the Board, shall be punishable with rigorous imprisonment for a term which may extend to two years.
Provided that the wakf property so alienated shall without prejudice to the provisions of any law for the time being in force, be vested in the Board without any compensation therefore.
(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 any offence punishable under this section shall be cognizable and non-bailable.
(3) No Court take cognizance of any offence under this Section except on a complaint made by the Board or any Officer duly authorized by the State Government in this behalf.
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(4) No Court interfere to that of a Metropolitan Magistrate or a Judicial magistrate of the first class shall try any offence punishable under this section.
Accordingly, the Board in its meeting held on 12.12.2013 has authorized the Chief Executive Officer of the Board or the District Wakf Officers, as the case may be to exercise powers conferred Under Section 52(A) of the Amended Wakf Act.
I would like to request all the Muthavallies of Wakf Institutions across the State to furnish the list of encroachers to the Waqf Board. Apart from this, the II Survey work is also under full swing and about 50 to 60% of the Survey work at different level viz., Survey, Validation by the Tahsildars, Counter signatures by the Assistant Commissioners has been completed. As soon as the report in this behalf is received, the Board after examining the same will forward it back to the Government within a period of six months for publication in the Official Gazette.
In this behalf, to speed up the progress of II Survey, the Board had convened Divisional Level Review meetings at Gulbarga, Belgaum and Bangalore Divisions except Mysore Division which will be convened shortly by the end of January 2014. In the said Divisional Level meeting, thread bear discussions were held District-wise in respect of progress achieved in II Survey of Waqf properties and suitable instructions were issued to all concerned by Janab Qamarul Islam, Hon’ble Minister for Municipalities, Public Enterprises, Minority Welfare, Haj & Wakf Departments, Government of Karnataka.
Apart from this, the Government has also formed State and District Level Task Force for protecting Wakf properties across State vides Government Order No. MWD 26 WES 2013 dated 10.5.2013 who shall conduct the meeting compulsorily every month and the main objectives of the said Task Force are to;
1. Identify the Wakf properties which have been left out;
2. Update the Wakf property records
3. Fence / construction of compound wall and by putting a board stating that it is a “Wakf property” and planting trees.
4. Make Khata of Wakf properties situated in rural and urban areas in the’ revenue records showing the name of the Kamataka State Board of Wakfs in the RTC (Revenue Records) in other columns.
5. Reclaim or get back the Wakf lands which have been illegally granted to other persons after coming into force of Inam Abolition Act / Kamataka Land Reforms Act by filing Appeals as per law in the Competent Court or to initiate action for the claim of Tasdiq / Annuity for the lands.
6. The Wakf properties which are taken possession for public purpose by the Government without following the legal procedure shall be identified and shall recover the compensation amount and to utilize the amount for the purpose for which the Wakf was made.
Immediately after the constitution of the above Task Force, the following Districts viz., Bangalore (Rural), Ramanagram, Chickballapur, Chickmagalur, Bidar, Davanagere have convened the meeting at respective District level and discussed the above issues.
5. Duties of the Muthavallies : Section 50;
(a) To carry out the directions of the Board in accordance with the provisions of this Act or of any Rules or Order made there under;
(b) To furnish such returns and supply such information or particulars’ as may from time to time be required by the Board in accordance with the provisions of this Act or of any rules or order made there under.
(c) To allow inspection of Wakf properties, accounts or records or deeds and documents relating thereto.
(d) To discharge all public dues;
(e) To do any other act which he is lawfully required to do by or under this Act:
Penalties: Section 61 (1): If a Muthavalli fails to:
(a) Apply for the registration of an Auqaf;
(b) Furnish statements of particulars or accounts or returns as required under this Act.
(c) Supply information or particulars as required by the Board.
(d) Allow inspection of Wakf properties, accounts, records or deeds and documents relating thereto.
(e) Deliver possession of any Wakf property, if ordered by the Board or Tribunal.
(f) Carry out the directions of the Board.
(g) Discharge any public dues; or
(h) do any other act which is lawfully required to do by or under this Act; he should, unless he satisfies the Court or the Tribunal that there was reasonable cause for his failure, be punishable with fine which may extend to ten thousand rupees for non-compliance of clauses (a) to (d) and in case of non-compliance of clauses (e) to (h), he should be punishable with imprisonment for a term which may extend to six months and also with fine which may extend to ten thousand rupees.
Section 61 (2Kb) :
A Muthavalli furnishes any statement, return or information to the Board, which he knows or has reason to believe to be false, misleading, untrue or incorrect in any material particular,
He should be punishable with imprisonment for a term which may extend to six months and also with fine which may extend to fifteen thousand rupees.
Therefore, I request all the Muthvallies to forward the list of encroachment on Waqf properties, so as to initiate legal action against the encroachers as per the provisions of the Waqf (Amendment) Act.2013.Courtesy: Karnataka Muslims
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