Shri K Rahman Khan Inaugurates National Conference on the Wakf (Amendment) Act, 2013
Shri K Rahman Khan, the Union Minister of Minority Affairs inaugurated the National Conference on the Wakf (Amendment) Act, 2013 here today.The conference was organised to update and sensitize Chairmen and CEOs of State Wakf Boards across the country. Speaking on the occasion, the Minister said many new provisions have been added in the Act, for better administration and protection of waqf properties. Asking for suggestions from State representatives, the Minister said the Central Government shall frame Rules for leasing of the Waqf Properties to make leasing transparent. In this regard a committee has been constituted to finalise the guidelines for leasing the Wakf properties. He said the long awaited Wakf Amendment Act, 2013 has been enforced in the Country from 1st of this month. The Minister referred to various provisions made in this Act.
The amended Wakf Act, has made provisions for strengthening the Wakf Institution and stream line their functioning. Some of the important provisions incorporated in the Act and highlighted by the Minister include-
-The definition of waqf has been modified to allow non-Muslims also to create wakf;
-If the tenancy, lease or license has expired or been terminated, this would be considered as encroachment;
-The Survey Commissioner will be appointed within three months and survey required to be completed within a year;
-Waqf properties already surveyed and notified are not to be reviewed again in subsequent surveys except where the status of such property has been changed in accordance with the provisions of any law;
-The Central Waqf Council has been empowered to 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;
-Any dispute arising out of a directive issued by the Central Wakf Council to be referred to a Board of Adjudication to be constituted by the Central Government, to be presided over by a retired judge of the Supreme Court or a retired Chief Justice of a High Court;
-The Establishment of State Wakf Boards within 6 months from the date of commencement of this Act;
- ‘Sale’, ‘Gift’, ‘Mortgage’, ‘Exchange’ and ‘Transfer’ of Waqf properties have been prohibited to curb alienation of Waqf properties;
-‘Lease’ of waqf properties is being allowed. However, ‘Lease’ of Mosque, Dargah, Khanquah, Graveyard and Imambara has been prohibited;
-The Board will sanction ‘lease’ when two thirds of total membership of the Board is present and cast their vote in favour of such transaction;
-The lease period has been enhanced uniformly upto 30 years for commercial activities, education or health purposes with the approval by the State Govt. because of the long gestation periods of such projects and the long periods of return on capital employed. The maximum period of lease of agricultural land is fixed for 3 years. Further, lease beyond 3 years is to be intimated to the State Government and it would become effective only after 45 days.
-The provisions of this Act shall have overriding effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.
Expressing concern on the slow pace of Computerisation of records of State Wakf Boards,,the Minister said that during the last three years, out of three lakh twenty eight thousand records only 50,000 records have been computerised. The Minister said that if U.P., A.P. and Gujarat computerise the records almost 85% of the work will be completed. He also informed that soon computerised records will be put on net.
Emphasising the Development of Wakf Properties, the Minister said vacant plots and properties are vulnerable to encroachment.
Shri Ninong Ering, Minister of State for Minority Affairs, and distinguished invitees, members of Central Wakf Council, Chairmen and CEOs of State Wakf Boards and senior officers from the Ministry participated.
*******
AT