1463 Wakf (Amendment) [ 4 AUG. 1966 ] Bill, 1965 1464 tion. You have just announced that three should be added up and then deductions and a half hours have been allotted for the made only for the purpose of revenue, consideration of the Reports of the cess, rates and taxes payable to the Gov- Commissioner for Scheduled Castes and ernment or any local aumority, in order to Scheduled Tribes. Even in the past we arrive at the annual net income of the find that one full day was allotted always wakfs. Some matters have gone up to for consideration of such report. some of the High Courts, particularly to the Kerala High Court, where Ibis MR. CHAIRMAN : That is one day. definition has been challenged. It has been held by the Division Bench that the SHRI B. K. GAIKWAD : But we are net income as defined under section 3(g) considering two reports. Of course there of the Wakf Act means cash value of the will be so many speakers. Particularly produce of the land so direcdy cultivated when I want to express my view, I hope I less costs incurred on the related will be allowed. agricultural operations. The Bom. bay Public Trust Act, which governs parts of MR. CHAIRMAN : You will have Maharashtra and Gujarat of the former ample opportunity to express your view. Bombay State, as well as other State The House stands adjourned till 2.30 Wakf Acts, require calculation of P.M. contribution on the gross income, as the word 'gross' is commonly understood. The House then adjourned for lunch at five minutes past In another writ petition pending in the one of the clock. Madras High Court, counting of offerings made to a wakf has been challenged as not forming part of its income. Anything given to a wakf either in kind The House reassembled after lunch at or cash is commonly treated as its half-past two of the clock, THE DEPUTY possession or property. As for example, CHAIRMAN in the Chair. in the Dargah Khwaja Saheb Act, 1955, governing the administration of the THE WAKF (AMENDMENT) Dargah Khwaja Saheb at Ajmer, all BILL 1965—contd. offerings are included in the income of the Dargah endowment. THE MINISTER OF IRRIGATION AND POWER (SHRI ) There are a number of wakfs which : Madam Deputy Chairman, just before have no other income but offerings— in the House rose yesterday, I was referring one case it comes from the sale of to the four amendments which are slaughtered goats' skins offered to the contemplated under the Bill before the Dargah concerned. House. Of these four, two are of a substantial nature and the other two are Therefore, what is proposed to be done consequential amendments which should in amending section 3(g) is nom-ing more be considered and incorporated after the than removing the lacuna and making first two amendments are accepted by the clear beyond doubt what has been already House. enacted. The amendment may accordingly be given retrospective effect One of these amendments deals with in order to protect contributions already the proposal to amend section 3(g) of the collected in contravention of the Kerala Wakf Act. Under Section 3(g) of the Division Bench judgment as well as those Wakf Act, the net income has been defind collected, counting all offerings as as 'the total income less any revenue, income, from having to be refunded. cess, rates and taxes payable to the Government or any local authority*. The This matter has been considered b the idea under this definition was that the Advisory Council set up under the Act gross income of the wakf from every itself and the Council has advised the source, including donations, gifts, subs- Government that this amendment is cription in cash or value if given in kind, necessary and should be incorporated as 1465 Wakf {Amendment) [ ] Bill, 1965 1466

[Shri Fakhruddin Ali Ahmed.] early as is true—to keep even within the intentions possible so that many of the things which of the wakif it is possible to make the are now not included in its income may necessary changes. Now the opnion of the also come within the purview of income ulemas of the Al Azhar University in for the purpose of management of the regard to these various items is that all wakfs. these are not very compulsory for the Then the other important amendment Mussalmans and they are changeable. is under section 7 and there our purpose They have given a certain opinion which is that such of those wakf as are having amounts to a decree. It has been according an income of Rs. 100 or less should be to the requirements of the present world. exempted from the levy of contribution Coming from such ulemas as a fatwa in so far as the survey is concerned respect of roza in wakfs and so many other things, it is not only respected but also As I have said, the other two amend- followed by people in several places. ments are consequential. I hope the Therefore, I am making the suggestion that Hou;e will accept the proposed amend- these properties and incomes should be ments. made use of for educating Muslims. Of course, it will be said that educational The question was proposed. institutions, schools and colleges are there for everybody. It is true. But unfortunately, SHRI ABID ALI (Maharashtra) : even at the risk of being misunderstood I Madam, so far as the proposed amend- may submit that because of a large number ments are concerned, of coure, I am of moneyed Muslims having gone away to certain that these will be supported by Pakistan and because of the abolition of hon. Members and accepted by the zamindari part'cularly in U.P. and Bihar, a House. As has been explained by the large number of Muslims are in the hon. Minister, these are necessary and position today which can be described as beneficial in the interests of the bene- worse than that of the backward classes. I ficieries of the wakfs concerned. How know my responsibility and being ever, taking the opportunity of this dis- conscious of (hat responsibility I am cussion, I would like humbly to give a making this statement, and I am prepared few suggestions and I hope that it would to prove it to the hilt that what I am be possible for the hon. Minister to ac- submitting is correct. cept some of these, not so far as the amendments are concerned, but so far as Again let me say even at the risk of the working and the "administration of being misunderstood, as yesterday my the various wakfs are concerned. friend Mr. Rajnarain wanted to know from me as to since when I am a Congressman. Firstly, I would request him to have an, I did not give him a reply yesterday. But assessment made of the wakf property all today I told him outside that his guru, Dr. over the country, an assessment of their Lohia, who is otherwise a very affectionate income and how these properties are used person, sad that his father was a volunteer and misused and also how the income is of Ab;d Ali. That means that Mr. utilised and, I may submit, as to how they Rajnarain's grandfather was my volunteer. are misused by some of the undesirable Of course I am not saying this. Dr. Lohia's elements who have been administering father was a colleague of ours. This is some of these wakfs. It may also be what Dr. Lohia said. necessary and should be possible for the hon. Minister to have, as I said, an SHRI (): assessment made of the misuse of the funds. In that context, it may be possible On a point of order . . . to aoproach the High Courts in the SHRI ABID ALI: I am just making a respective States to seek the necessary passing reference. When I am making this changes in the wakf deed. It should not be suggestion I should not be misunderstood argued that the intention of the wakif, that as he misunderstood me yesterday. is the person who has established it or who was instrumen- | tal in establishing it, is to be honoured. It ! 1467 Wakf (Amendment) [ 4 AUG. 1966 ] Bill, 1965 1468

What I was submitting is tbat it has be- upheaval following the partition was taken come difficult for Muslims to get em- possession of by people who should have ployment in Government services. If an been nowhere near ttiese properties. They assessment is made of the licences given have no business to t>e there. Of course, for cycle stands in New during the people may be thinking that everything last 10-15 years, I should like to know has been forgotten about it. But these are how many went to Muslims. I am Wakf properties on which there are prepared to concede that nobody is anti- trespassers. Ihere may be legal difficulties Muslim. But the reason is this. Muslim because so many years have since passed officers went away to Pakistan and a and it may be necessary for the larger number of them could not be Government to have an amendment to the replaced. An officer always appoints Civil Procedure Code in order to take subordinates. And unfortunately in this appropriate steps for taking back these country a Punjabi will appoint a Punjabi, properties and making use of these, not for a Maharashtrian will appoint a giving it to Muslims directly but my Maharashtrian, an Iyer will appoint an request is that these properties and the Iyer and a Nafr will appoint a Nair. So income from them should be utilised nobody is against Muslims. But it is towards the items which I have suggested. more an attitude of my being pro to my own people. So this is out misfortune. Madam, I would like to mention an- omer suggestion. There should not be I was submitting that so far as scho- separate Wakfs for communities and sub- larships and appointments are concerned, communities or sects and sub-sects. Take Muslims are in great difficulty. This Bombay, for example. There is a Charity crores and crores of rupees worth of Commissioner in charge of the property can be very well utilised for administration of the Bombay Charities having educational institutions wherever Act for all the communities. Of course, necessary for giving scholarships, for respective Wakfs are being managed by higher education and for opening Yatim- respective communities. But there also the khanas, orphanages. These organisations Charity Commissioner has a big say. He have to be helped. So in so many res- has authority to remove a trustee, go to pects these wakf properties can be uti- court if the Wakf properties ate being lised. I hope that very serious consi- mismanaged. Then accounts of annual deration will be given to this particular income and audited statements have to be suggestion as well. submitted to him regularly. He has authority to go and check the working of Now another thing to which I would these Wakfs and also to examine their like to draw the attention of the hon. accounts even after the audit. In the case Minister is the huge amount that is being of appointment of trustees also his sent to Baghdad for Najaf, Kazmain etc. sanction has to be taken. Madam, we are a for helping educational institutions in secular State. Why should there be Iraq. Some method should be found out separate Wakfs ? Of course, a Wakf to stop sending this amount there. Till should be organised, conducted and such time as it is not stopped it should be administered according to the intentions ensured that it is properly utilised. I have of the Wakif and people should derive been going there off and on and I benefit on the basis of the Wakif's know—the Government of also intemion with appropriate modifications. must have received complaints—It is What I am submitting is this. There are very much misused there or improperly honest people, there are good people. there utilised. There are so many things with are efficient people, there are God-fearing regard to which the Government of people. But unfortunately the present regard to which tfte Government of India position is that at several places a good must have received complaints. I do not few of the committees which have been want to go into details further. appointed by Government notifications, Then there are Wakf properties in amongst them there are peopl# who are Punjab, in U.P., in Bihar and in Delhi, those who should not be there, to put it which at the time of the unfortunate ' very mildly. This system of the working ot 1469 Wakf (Amendment) RAJYA SABHA ] Bill, 1965 1470

[Shri Abid Ali.] Wakfs at Bombay and unanimously reported that the Sastras has been, there, I think, for more than said that Sudras should not be allowed to 12 or 15 years and it is satisfactory to enter the Mandirs. That way the Pandits everybody. and Mullas have been behaving. Do not care for them and respect secularism and Madam, people can say (hat in the its needs and also the requirements of the matter of their religion we should not country and of the people particularly with have a say. Of course, the difficulty is regard to the items I have submitted. I there. But for everything there is an hope the Minister who is courageous, who answer. For instance, in Bombay there is intelligent and who means business, will was the difficulty in finding dead bodies consider these and at least during his for Anatomy in medical colleges. A Bill period it would be possible to do some- was introduced in the Bombay Le- thing substantial and make proper utili- gislature and the Parsees said that it was sation, for the good of the community and a question of their religion. They said, the country, of this huge property worth "You cannot take the unclaimed bodies crores and crores. If he makes a rough of the Parsees from a hospital to medical calculation, it will be revealing what colleges." potential power will be available for the good of the country and the community. The Muslims came and said: "Accord- ing to our religion, the Muslim dead SHRI SYED AHMED (Madhya Pra- bodies must be buried without being desh) : I shall be very brief because this touched by other people". The Minister amending Bill has a limited scope. It is was perhaps Morarjibhai who was in what the jurists call 'an enableing Act'. charge and he called them and heard There was a clause in the Act of 1954 patiently and gave them a solution. He which allowed the Wakf Boards to collect said: "Of course no dead body has to be a certain percentage of the revenue to the touched. It is not to be utilised in the wakfs and the net income from which this colleges, I agree. Such of you who feel percentage was permitted to be collected that the dead bodies of people belonging was defined in the Act. Now it appears to your religion should not be that there have been two interpretations to touched may be sure that they will not be the net income. As the Miniser said, there touched. Accordingly, your young men was an intention that the net income should not go to the colleges and touch should be interpreted in a certain way but the bodies of people belonging to other the High Court of Kerala interpreted in religions. Whoever agrees to that, their another and different way. Therefore, in students will not go to the medical order to enable the Wakf Board to collect college and touch the bodies belonging to this income from the wakf property persons of other religions and the according to the intention of the unclaimed bodies will be allowed to be legislature, this Bill has been brought. buried." All kept quiet. Then religion There have been certain other did not come in the way and the matter consequential amendments made here. So was solved without upheaval and trouble the scope of this Bill is admittedly limited. or bundh or strike. That way a solution can be found. If we ollow only the I just want to ask him on a point of bigoted Mullas and allow them to have drafting. The Bill speaks of 'net annual their ways, then there cannot be any income'. We know what 'net* means progress. In Travancore the Maharani when we say 'net income is such and wanted Mandirs to be opened to Sudras such'. The Bill defines that 'net annual and she called the Pandits to find out income' in relation to a wakf means the support for her from the Sastras. They gross income. A net income cannot be said that the Sastras permitted it. The gross income also. I think this definition Cochin Maharaja was not ready and he requires a little redrafting. You can say called some Sastris and asked them to that it is gross income minus find support from the Sastras that Mandirs should not be opened to the Harijans and they came 1471 Wakf {Amendment) [ 4 AUG. 1966 ] Bill, 1965 1472

what you have excepted in sub-para (i) ture of the systematised administration or and (ii) of section 3. It can be said that it a reasonable administration or an ad- would be gross income minus the taxes ministration that has accrued to the that have been stated in sub-para (i) and benefit of the Muslims or a system which (ii) mentioned above. It occurred to me is free from lacuna. That is my grievance. that this paragraph is open to further Prof. Kabir was in charge of this Bill in misunderstanding, if permitted to go on 1964. He felt offended when 1 spoke on the Statute Book as it is. the floor of the House on that Bill but I will bring this fact to my friends notice My friend, Shri Abid Ali, spoke about here. You have gone out of your way to the scope of the Wakf Acts of 1954 and divide the wakf into two and made a 1964 and he also said how such wakf dichotomy of the idea of wakf and have properties arc to be utilised and what is succeeded in putting in the statute Book the import and intention of enacting a that there are private and public wakfs Wakf Act specially when this Wakf Bill among the Muslims. 3 P.M. is a special Bill. It is a Bill that is If you will study the Muslim juris- applicable only to the Muslim prudence, you will find that the Muslim community and not to all the people in jurists never intended to divide wakfs into India and by enacting this, the private wakfs and public wakfs. The Government is helping the Muslims to raison d'etre for the Wakf Validating Act, administer the property earmarked for 1913, was this, that a certain wakf was religious and pious purposes. Therefore it treated as a private wakf by the Privy is a special Bill. Being a special Bill, we Council. Wakf Al Aulad with illusory have to be very careful as to what kind of dedication to religious purposes was help we seek from this House. I will say treated as private wakf, and certain other one thing. I was a Member of the Select things were said about that kind of wakf, Committee that returned Muslim Wakf which did not fit in with the system of Act of 1954 to the House of the People, Muslim jurisprudence. Therefore the as it was then called. Afterwards it was Wakf Validating Bill was brought in in passed by that House and this Housei 1913 by the then Member of the Imperial also. I spoke to my friend, Shri Legislative Assembly. Mr. Muhammad Fakhruddin Ah Ahmed, during the last Ali Jinnah. Now I will put it before you Session of this House and asked: "Why that there was a kind of wakf in which this Wakf Bill is being put off?" He gave property was dedicated to God, which was me to understand that he wanted to go property dedicated for a religious and through the whole Act to Ind out the pious purpose but remotely only. Because lacunae and that he intended to bring a the Privy Council refused to treat wakf comprehensive amending Bill before the unless the dedication to religious and House. You will appreciate that this is pious purposes were substantial a Bill had not a comprehensive Bill. It is absolutely to be brought in in the Imperial an enabling Bill which removes a lacuna Legislative Assembly in 1913 in order to that has been brought to our notice by a enable that if even there was dedication certain High Court. When the Minis, ter substantially for the benefit of the said that he would bring a comprehensive descendants and only a litUe or illusory Bill before the House, I myself had a benefit goes to a religious and pious feeling that there were great lacunae in purpose, even then the entire scheme the Acts that we had passed so far and a would be considered as falling within the comprehensive amending Bill was ambit of a religious and pious purpose. It necessary. What was said about the would not be private wakfs, and it is British Constitution by Mr. Anson can be wrong to say so. I can quote Amir Ali and said about the Wakf Act also. We have I can quote so many other jurists to say only had piece-meal amendments and that the Muslim system of jurisprudence they have not given a systematized law has never recognised such a system as that on Wakf administration. They do not of private wakf and public wakf. the give a picture of the pattern of dichotomy into nrivate administration of wakf property in the country: thev do not oive a nic- 1473 Wakf {Amendment) [ RAJYA SABHA ] Bill, 1965 1474

[Shri Syed Ahmed.] that the Muslim law as to the wakfs, so wakfs and public wakfs. A difficulty has also as to marriage, divorce, and other now arisen. I will tell you how. You have things cannot be changed unless the defined "wakf in your Wakf Act as Muslim community wants to do it. Now it dedication of property for any pious and was never the intention, by introducing religious purpose which is regarded as a this wakf Bill when it was introduced by religious and pious purpose by the Mr. Kazimi, and afterwards when it was Muhammadan law, and have proceeded to introduced in 1964 by Mr. Humayun enact that a wakf Al Aulad would come Kabir, it was never the intention and it within the ambit of this Act only so far as could not hare been the intention. If it was the property is dedicated to a pious and the intention, it was ultra vires the religious purpose. Therefore, I am putting declaration of the Gov-erment, the one thing before you. Suppose there is a undertaking of the Government. It was not property which brings an income of, say, the intention that the Muslim law as to the Rs. 200,000 a year, and that property is wakf ought to be changed. What was dedicated to my decendants with some intended was proper administration of the benefits, say, Rs. 50 going to a mosque, it wakf property. As also suggested by my becomes a good wakf under the hon. friend, Mr. Abid Ali, it was only Muhammadan law. Now so far as this Rs. intended that there ought to be a better 50 is concerned, this is a wakf falling administration of die property through an within the purview of your Wakf Act. agency which was regarded as efficient Otherwise, so far as the management of whenever there has been a mutawalli or the other income is concerned, so far as Pirzada, he has done only one thing; he the management of other property is has swallowed the property without concerned which bring> an annual income accounting for it, and he has sat tight over of Rs. 200,000, that income minus the Rs. the property; nobody has dared to ask him 50 does not fall within the ambit of the to account for its income or for its corpus, management of wakfs adumbrated by the and even he has freely alienated the Wakf Act. Now this has created corpus also. So it was intended that the difficulties. I am also a beneficiary under, property belonged to the Muslim what you call, a private wakf, Wakf Al community and it was intended for a Aulad, and I find it very difficult how to religious and pious purpose recognised by adjust this posiiion, how to bring myself the Muslims as such and intended for the within the ambit of the administration of benefit of the Muslim Community and it the Wakf Act that you have passed, was intended that such property ought to simply because I am giving Rs. 300 a year be managed in such a way that the benefit to a mosque and the rest of the property 1 should go to the Muslim community and am pocketing and I do not care how that to religious and pious purposes in terms of property is managed. Therefore this lacuna dedication. The Wakf Act is meant for has to be removed, this distinction between that. But I find that, in practice, this Act private wakf and public wakf as you have has failed. My experience in my own adumbrated it in the Wakf Acts of 1954 province of Madhya Pradesh is that it is and 1954. Moreover, Madam, I would like very difficult for you to dislodge a man to bring another thing to the notice of my who has sat tight over wakf property for friend, the hon,. Minister, who has centuries at a stretch, or at least for sponsored this Bill, who has put this Bin decades at a stretch. There is no before the House. I would like to say that machinery to dislodge him. You cannot this Bill has nothing to do so far as the indulge in expensive litigation. You basic law of the wakfs is concerned. It is cannot go to the court of a Civil Judge, only an administrative Bill. He has not Second Class, and then ask him to give come forward to change the Muslim law as to the wakfs. The Muslim law as to the you a decree against that man, and even if wakfs cannot be changed. The a decree is obtained, I will tell you that it Government has given an undertaking is impossible to execute that decree against the mutawalli who is in possession of the wakf property, because 1475 Wakf {Amendment) { 4 AUG. 1966 ] Bill, 1965 1476 there is appeal, first appeal, second appeal, come to know more about these Wakf revision, letters patent appeal, and there is Boards. They are composed of those the Supreme Court also. So nobody people who want to exploit the wakf bothers. He thinks that the property is not property. They want to get into the Wakf his own. So nobody is going to bother to Board in order to be able to exploit the take all this headache on himself to income of the wakf property. They would recover the property. So some machinery like to have First Class fares as office- has to be created, a machinery in the bearers or members. They would like to nature of one contemplated in section 9 of have tea and Ras-gullas. Excuse me; I am the Specific Relief Act or section 145 of telling you this because I have experience the Criminal Procedure Code whereby the of it. Tea and Rasgullas they would like to squatters can be ejected from the wakf have and they would like to just pocket property. There is another thing. Now all some money out of the wakf income also. the wakf property has not been recovered. Now you have got to see to it and this is I will give you one example. 1 do not want what I must emphasise because, only to name anybody. That case must have recently, when the Hon'ble Minister was come before the hon. Minister. In Bhopal considering the names proposed for there is some property that can bring you nominating members of the Wakf Board an income of, not a million though, at least of Madhya Pradesh, which have to be one lakh of rupees a year. Now that submitted to him by the State Government property has, by the rulers themselves, for approval or information, I suggested to from generations been dedicated to him, the hon. Minister, that certain names religious and pious purposes. There is a were most undesirable, and I still say that dispute at present and you have to get it if he wants that the wakf property should decided either by the court or by the Board be properly administered and the benefit or by the Government or by some suitable ought to go to the Muslims of the country machinery or by arbitration. You have got then he must see to it that people of proved to decide whether this property, which integrity and not adventures are appointed even the donors or their descendants admit as members on the Wakf Board. I do not to be wakf, whether it should come within say that the benefit ought to go to the the jurisdiction of the Wakf Board or Muslims only where, say, education should continue with the private facilities are concerned. If you open an mutawallis and they should continue to engineering college or a medical college administer it. Now such a property there— out of the annual income of a wakf there are such properties in other places property, and the income is such as would also—continues to be mismanged, but you enable these colleges to be opened, you do have no machinery at present, no not earmark the benefit out of them only machinery to set the matters right. I quite for the Muslims. Every community should agree with my friend, Mr. Abid Ah, in one benefit by such facilities. If the hon. matter, that administration by a Board, just Minister wants that the wakf property as administration by a Janpad Sabha, or a should be properly managed, if he wants District Board or a Municipal Committee, that honest money ought not to be lost, is not the best administration of the wakf then in that case he has got to look to these property, and I suggested at that time aspects earnestly. when these Bills were on the anvil, that the best administration must be the executive administration, that it ought not to be a With these remarks, Madam, since deliberative administration but executive. this is a formal Bill, I support it. But what you have done is that you have given a deliberative administration of the Wakf. The Wakf Boards, you do not know how they are compos- ! ed. Probably by experience you will |

1477 Wakf {Amendment) [ RAJYA SABHA ] Bill, 1965 1478

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THE DEPUTY CHAIRMAN : Mr. Niranjan Varaa.

This Bill has (o finish by 4 O'clock. The time allotted is one hour and 30 minutes. I would request hon. Members to bear that in mind. L67RS/66-6 1493 Wakf (Amendment) \ RAJYA SAfiHA ] M, 1965 1494

"Net annual income" in relation to a wakf means the gross income thereof from all sources in a year excluding" ing —

"(«) any land revenue, cess, rates and taxes payable to the Government or any local authority; and"—

"(ii) donations given or offerings made with a specific direction that they form part of the corpus of the wakf;".

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1501 Wakf (Amendment) [ RAJYA SABHA ] 1965 1502

ly to make further confusion. In this connection 1 would like to say that I myself would have preferred instead of the word "income" the word "receipt". But my legal advisers thought that this was a word which had stood better test in the High Courts, and therefore they have suggested the words "gross income" instead of "gross receipt". This definition is also found in the Bombay Public Trust Act of 1950, and there also the net income is gross income after deducting many dues and so on, and so forth. So we have copied the definition which has stood the test in the High Court and the Supreme Court. That is why the term "gross SHW FAKHRUDD1N ALI AHMED: income" has been used instead of "gross Madam, I am grateful to the hon. Mem- receipt". bers who have participated in the debate on this Bill and in the course of their The other amendment under section 7 observations have made some very useful has been proposed because all these wakf suggestions. Madam, so far as the question properties have to be surveyed under the is concerned which has been raised by provisions of the Wakf Act, and in the Shri Varma about the necessity of this case of a wakf having only an income of Bill, I was under the impression that the Rs. 100 it is difficult for them to pay the amendments proposed were so simple that various survey charges, fees, and so forth. they did not require much clarification and Therefore, it has been considered that the few words which I had placed necessary that such a small wakf which before the House were sufficient to make has only an income of about Rs. 100 clear the intention of those amendments. I should be exempted from payment of would again like to repeat that because of these charges and these fees. That is why a decision of a High Court and also a this amendment has been suggested. petition pending in another High Court, it has become necessary that the term "net The question has been raised as to why income" should be properly defined. The these .amendments are brought in purpose of defining that income is that piecemeal and why not an all-embracing some people think that the offerings given amending Bill be brought in order to to a mosque or a dargah do not form part improve the functioning of the wakfs. of the income, and therefore when gross Madam, the reason why I have come income is calculated they have not taken forward with these two amendments is that into account. The purpose of this that on account of the judgment of a High amendment is that receipts of all kinds Court and the petition pending before which come to a particular wakf will form another High Court, it has become part of the gross income, and from that necessary to change the definition of the gross income such dues as have to be paid term "net income" because if it is allowed to the local bodies and to the Government to remain, many of the wakfs will have to and such other charges for which there pay back what they have realised from the will be liability of the wakf will be persons concerned, and also some people deducted and after deducting these the net who are not entitled to keep these income will be assessed. That is the main offerings to dargah and so on will be purpose why this amendment has been given the opportunit) of using that amount brought. for their persona purpose and not Objection was also taken by Mr. Syed including it in the receipts of the wakf. Ahmad as to why this term "gross That is why withou waiting for a proper income" has been used because it is like- amendment of Act I thought it was necessary that these 1503 Wakf {Amendment) [ 4 AUG. 1966 ] Bill, 1965 1504 amendments should be brought before I villages and in very far off places. And Parliament as early as possible so that the there is resistance on the part of the term "net income" might be modi-lied. And mutawallis to disclose such wakfs and us Shri Syed Ahmad said, it is within my therefore Government have taken ad- contemplation to bring for- j ward an vantage of appointing a Commissioner for amending Bill because 1 am i myself not the purpose of making these enquiries, for satisfied with many of the provisions of the making the proper surveys and for existing Act. But 1 thought that it would bringing all the wakfs and have them be proper for me to bring forward such a registered under separate States. And Bill only after I had consulted the opinion from year to year, we find that the number of the persons concerned all over the of the registered wakfs are increasing and country and after 1 have had that I feel that there are still a large number of opinion. 1 would have it examined by an wakfs which have not yet been registered expert committee comprising some legal because of the difficulty explained by me. experts also. For that purpose we have already asked all the Boards to send to us their views and the changes that they would So far as the present wakfs which have like to be made in the existing Act. And been registered are concerned, I can give we would also appreciate if others also, the figures for the year 1964-65. The full those who have suggestions to offer to us, figures for the year 1965-66 are not would send to us their suggestions and available with me now. It appears to me then all these will be forwarded to the that the income of the registered wakfs Sub-Committee which has been throughout the conn-ry is something like constituted by the Council and that Sub- Rs. 1,62,71,574. That is the income of the Committee | after examining all the views various registered wakfs in the States placed before it will give its opinion and which have accepted the Central Act. Of then the Government will consider in what course, this does not include the income form the amending Bill, embracing all the of the wakfs which are situated in U.P., necessary provisions requiring modi- j Bihar and West Bengal because these fications, will have to be placed before I States have not accepted the provisions of this House. But I would have liked to j the Central Act. wait for these amendments also but for the circumstances explained by me. It is So far as the income of the Board is essential that these amendments concerned, hon. Members will realise should be brought forward as early as that out of their net income the wakfs have possible without waiting for the proposed to pay about 5 per cent to the Wakf comprehensive amendment of the Act. Boards and therefore the income of the Wakf Boards, so far as this particular year So far as the suggestion given by Shri is concerned, is only about Rs. 8,06,903 Abid AH is concerned, I may inform him and the expenditure of the Wakf Boards is that we have been making an assessment Rs. 8,04,000. I shall verify the number of of all the wakf properties and for that the wakfs which have been registered. I purpose there is a provision under the think this is so far as the figures quoted by existing Act under which all. the wakfs my predecessor, Shri Humayun Kabir, are have to be registered all over the country. concerned. I am not aware if they are This process has been going on. since the verified figures. I shall verify them. Act was passed and from year to year But so far as my information goes, it is more and more properties are being that it was based; on a rough estimate registered. Hon. Members may realise made at that time. That was the im- how difficult it is to collect the actual pression given of the actual assessment of number of the wakfs existing al! over the the wakfs. Therefore, I will not hazard country because they are scattered not the figure as to what is the number of the only in the various States but also in some wakfs and so on. That was what I was remote trying to find L67RS/66—8 1505 ll./A/ {Ameadm [ RAJYA SABHA'] Bill, 1966 1506

[Shri Fakhruddin Ali Ahmed. | authority which could look into the office, as to what was the basis on which mismanagement of the mutawallis or the he made that statement. misuse of the income of these wakfs.

Now, I entirely agree that the income SHRI ABID ALI : Except in Bom- from these wakfs has not been properly bay. utilised. And as the hon. Members are aware, iti was because of this impression 4 P.M. that the Central Wakf Act was enacted, in order to set up an authority which will be SHRI FAKHRUDDIN ALI AHMED: able to see whether the wakfs are properly Generally there was none. Any citizen managed or not. I would like to draw the could go to a civil court and file a petition attention of the House to section 15(1) of for redress of his grievance. But that the existing Act which says— usually took a largo number of years and involved enormous expenditure. Nobody "Subject to any rules that may be made was interested to spend his own money under this Act, the general for the purpose of challenging a particular superintendence of all wakfs in a State act of misdeed done by a particular shall vest in the Board established for that mutawalli. So the Central Act was enacted State; and it shall be the duty of the Board in order to set up a iiich could look after so to exercise its powers under this Act as the administration, of these Wakfs all to ensure that the wakfs under its over the country. I entirely agree with superintendence are properly maintained, hon'ble iibers that arrangements provide' controlled and administered and the in- under the existing Act arc neither come thereof is duly applied to the object adequate nor in many respects proper also and for the purposes for which such in some respects it lacks authority, wakfs were created or intended". because apart from taking a decision and finding out whether a particular Wakf is So, this Act does not give authority or being misused or not properly managed or jurisdiction to the Wakf Boards for the administered, they have no authority to purposes of administering the wakfs. Now, execute their decision. 1 also agree thai so as hon. Members are aware, so far as the. far as the members of the Board are wakfs are concerned, many of the wakf concei they are nominated by the deed have laid down the trustees or the Governmeii which, I consider, is not a very rnutawallis who are to administer the desirable thing. In order to have the Board wakfs. And unless and until the names functioning effectively it is desirable that mentioned in the wakf deed are exhausted, te members should be elected. The\ will under the law the Wakf Board or the then have some fear of woikmj properly Government cannot appoint any other because if they want to be elected again trustee. So far as the function of these as members of the Board. fbey will have Wakf Boards are concerned, it is only to to go back to their electorate or to their see that the income derived from a voters for this pur pose. Now all these particular wakf is being utilised according things will hav. be considered and I feel to the wishes of the trustee or whether it that in thi has been properly utilised or not. And if a big amendment is called about the Board finds that a particular wakf is which, after I have had the opinion of not being administered according to the people from various States also the Expert wishes of the person who has created the Committee. I shall com forward with a trust, then it can interfere and change the proper amending Bi before this House. mutawalli for the purposes of better administration and better management of But one thing I would like to p< out. the wakf. Hon. Members may be aware As has been mentioned by M . Ghani, that before the Central Act was enacted, actually the proper admini tion of these there was no Wakfs does not deper.o 1507 Wakf (Amendment) [ 4 AUG. 1966 ] Bill, 1965 1508 what kind of set-up you may have for that year this orphanage is being extended, purpose but on the individuals who will with buildings coming up, with all kinds be in charge of that set-up. Mr. Ghani has of facilities being provided to the orphans. rightly mentioned that of the two D.Cs Now, therefore, ft can be seen that one is functioning in a proper manner whatever the ancestors did by creating while the other is not. I can also, in the trusts for charitable purposes or public same manner, cite instances that so far as purposes, there are plenty of funds which even [he existing Wakf Boards are can be utilised as additional help for concerned, 1 am full of praise for what increasing educational facilities to people has been done by tihe Wakf Board in the who are without any financial help in Madras State. Only the other day I had an addition to the help which is given by the opportunity of visiting Madras where I Government, whether such trusts are found what good work was done by the created by Hindus or Muslims or Madras Wakf Board in the matter of Christians, that does not matter. But I feel providing educational facilities not only that in our country there is plenty of scope to the Muslims but to all backward people to supplement the activities of the of that State. A retired Judge of the High Government by this kind of trusts which Court, Mr. Basheer Said, and his wife arc have bee#created by our ancestors. devoting their energy and activities in this behalf. Hon'ble Members will be pleased to know that they started with a small I also agree that even the Wakfs trust for providing education to women of created by Muslims have left big pro- backward classes who could not find perties which, if properly utilised, can be admission in other colleges because they harnessed for the purpose of providing were very backward and could not education for the purpose of looking after compete with such boys who had better orphans and for the purpose of giving opportunities of educa-•ion. so on and so necessary scholarships and so and so forth. I was pleased to see that the forth to all needy persons. I feel that this institution which has been managed under is a matter in which the communal the trust now is catering for the education question should not be dragged in. AH of 2,000 girls of whom only 200 are religions, including the Muslim religion Muslims, "and about 800 belong to does not say that you are there world to different backward classes. serve humanity. The Muslim religion does no say that you are there only to Madam, so far as these 'Muslim Wakfs serve the people who" belong to your are concerned, the purpose of these faith. But we have been told by our Wakfs is not to confine education to that prophets in the Koran and in the Hadis, that here we are to serve and look after community only or that other the needs of everyone including the communities should be denied education. Muslims and people belonging to other That is not the purpose of the Wakf. So it religions and other sections and so on. depends on the person who is in charge of Therefore, the Wakfs which are created these particular Boards or of the for educational purposes, wh'ch are particular posts. In the same way a very created for the purpose of looking after good orphanage is being run in Madras. orphans, are not for the purpose of For that it is not that the person who is providing education only to Muslims or running it is only necessary but it is also only to orphans professing the Muslim necessary that the local administration religion but for providing education to must give necessary help for the purpose every needly person in our country, in our of running these orphanages. And I was State and to every orphan in our State, so really glad* to see that Mr. Rajagopal- on and so forth- achari, when he was the Chief Minister of Madras, gave about 18 acres of land for this orphanage, and with the funds of the So, Madam, the main question before Board now, from year to us is what arrangements should be made so that under that arrangement the income derived from these trusts, from 1509 Wakf {Amendment) { RAJYA SABHA ] Bill, 1965 1510

ISbri Fakhruddin Ali Ahmed.] these This is what 1 have explained and one of Wakfs, is properly utilised, properly spent the purposes of the amendment was to for the benefit of those for whom they are change the definition. created. That is the main problem before us. 1 hope that I shall get the cooperation of all Members of (his House in order to help me in this task of bringing an Act which can serve that purpose and can be effective in serving that purpose for the benefit of all concerned. So far as the question of Baghdad or Kazimain is concerned, I shall certainly look into the question and find out. This will of course have to be done in con- SHRI FAKHRUDDIN ALI AHMED: sultation with the Ministry of External This will be substituted in the Act. This Affairs to see how the^,can be effectively will form part of the Act. There is a slip. checked. 1 would not like to go at this This will not be added to the principal stage into the controversy of private and Act. This is a validating provision and as public wakfs. These are matters which I have explained, because of the change in should better be left to a time when a the definition all those acts already done comprehensive Bill is brought about all before this change of the definition will these matters and the observations made also be deemed to have been done by Mr. Syed Ahmad will be kept in mind properly and this is a validating and will also be forwarded by me to the provision. Committee which has been set up. At this stage I would not say anything more and 1 SHRI SYED AHMED : My friend is hope the purpose of the amendments right to a certain extent. When you are having been clarified, the hon. Member introducing a provision, you ought to will withdraw his objection and the House know where it is to be inserted m the will give unanimous support to this Bill. parent Act.

SHRI FAKHRUDDIN ALI AHMED This will come as the last provision of the Bill -now under consideration.

SHRI FAKHRUDDIN ALI AHMED: It says :

"6. Notwithstanding anything con- tained in any law or any judgment, SHRI FAKHRUDDIN ALI AHMED decree or order of any court, all This will be added. contributions paid or realised or pur- porting to have been paid or realised, THE DEPUTY CHAIRMAN : The under section 46 of the principal Act question is : which would have been validly paid or realised if the amendments made to the "That the Bill further to amend th principal Act by this Act were in force Wakf Act, 1954, be taken into con on the date of such payment or sideration. realisation, shall, for all purposes, \ be The motion was adopted. deemed to be, and to have always been, paid or realised in accordance THE DEPUTY CHAIRMAN : W ■ with law..." shall now take up clause by clause Consi- deration of the Bill. Clause 2 was added to the Bill. 1511 Wakf (Amendment) [ 4 AUG. 1966 ] Bill, 1965 1512

Claus.g 3— Amendment of section 7 SHRI The motion was adopted. FAKHRUDD1N ALI AHMED: ] move : The Enacting Formula, as amended, 3. "That at page 2, line 10, for the was added to the Bill. words 'the income* the words 'the net annual income' be substituted." The Title was added to the Bill. luestion was put and the motion SHRI FAKHRUDDIN ALI AHMED: was adopted. I move : THE DEPUTY CHAIRMAN : The "That the Bill, as amended, be question is: passed." "That Clause 3, as amended, stand part of the Bill." The question was proposed. The motion was adopted. Clause 3, as amended, was added to the Bill. Clauses 4 to 6 were added to the Bill.

Clause 1—Short title. SHRI FAKHRUDDIN ALI AHMED: I move : 1. "That at page 1, line 3, for the figure '1965' the figure '1966' be sub stituted." The question was put and the motion was adopted.

THB DEPUTY CHAIRMAN . The question is : "That clause 1, as amended, stand part of the Bill." The motion was adopted.

Clause I, as amended, was added to the Bill.

ENACTING FORMULA SHRI FAKHRUDDIN ALI AHMED: I move : 2. "That at page 1, line 1, for the word 'Sixteenth' the word 'Seven teenth' be substituted."

The question was put and the motion was adopted.

THE DEPUTY CHAIRMAN . The question is:

| "That the Enacting Formula, as amended, stand part of the Bill." 1513 Motion re Reports of [ RAJYA SABHA ] Scheduled Castes 1514 the Commissioner for and Scheduled Tribes

THE DEPUTY CHAIRMAN : The question is : 'That the Bill, as amended, be passed."

The motion was adopted.

MOTION RE REPORTS (1962-63 AND 1963-64) OF THE COMMIS- SIONER FOR SCHEDULED CASTES AND SCHEDULED TRIBES

THE DEPUTY MINISTER IN THE DEPARTMENT OF SOCIAL WELFARE (SHRIMATI MARAGATHAM CHAN- DRASEKHAR) : Madam, I beg to move the following motion : "That the Twelfth and the Thtr teenfh Reports of the Commissione for Scheduled Castes and Scheduled Tribes for the years 1962-63 and 1963-64, be taken into consideration." Madam, this time we are taking u two reports of the Commissioner for Scheduled Castes and Scheduled Tribe for discussion simultaneously. The re port of the Commissioner for the year