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Cover-7Th Report on Wakf 7 PARLIAMENT OF INDIA RAJYA SABHA SEVENTH REPORT OF JOINT PARLIAMENTARY COMMITTEE ON WAKF ON IMPLEMENTATION OF THE WAKF ACT, 1995 IN TAMIL NADU AND WORKING OF TAMIL NADU STATE WAKF BOARD (PRESENTED TO THE CHAIRMAN, RAJYA SABHA ON THE 29TH MARCH, 2008) (PRESENTED TO THE RAJYA SABHA ON THE 21ST OCTOBER, 2008) (LAID ON THE TABLE OF THE LOK SABHA ON THE 20TH OCTOBER, 2008) RAJYA SABHA SECRETARIAT NEW DELHI MARCH, 2008/CHAITRA, 1930 (SAKA) Website:http://rajyasabha.nic.in E-mail:[email protected] PARLIAMENT OF INDIA RAJYA SABHA SEVENTH REPORT OF JOINT PARLIAMENTARY COMMITTEE ON WAKF ON IMPLEMENTATION OF THE WAKF ACT, 1995 IN TAMIL NADU AND WORKING OF TAMIL NADU STATE WAKF BOARD (PRESENTED TO THE CHAIRMAN, RAJYA SABHA ON THE 29TH MARCH, 2008) (PRESENTED TO THE RAJYA SABHA ON THE 21ST OCTOBER, 2008) (LAID ON THE TABLE OF THE LOK SABHA ON THE 20TH OCTOBER, 2008) RAJYA SABHA SECRETARIAT NEW DELHI MARCH, 2008/CHAITRA, 1930 (SAKA) CONTENTS PAGES 1. COMPOSITION OF THE COMMITTEE ......................................................................................... (i)-(ii) 2. PREFACE ................................................................................................................................. (iii)-(iv) 3. REPORT ................................................................................................................................... 1—20 4. OBSERVATIONS AND RECOMMENDATIONS ................................................................................. 21—24 5. MINUTES ................................................................................................................................. 25—28 COMPOSITION OF JOINT PARLIAMENTARY COMMITTEE ON WAKF (Constituted on the 2nd January, 2006) PRESENT 1. Shri S.M. Laljan Basha — Chairman RAJYA SABHA 2. Shri Ahmed Patel 3. Maulana Obaidullah Khan Azmi 4. Shri Sk. Khabir Uddin Ahmed 5. Shri Kamal Akhtar 6. Shri S.P.M. Syed Khan 7. Vacant 8. Shri Satish Chandra Misra *9. Shri Mukhtar Abbas Naqvi ✝10. Shri Tariq Anwar LOK SABHA 11. Shri Iqbal Ahmed Saradgi 12. Shri Anwar Hussain 13. Shri Abdul Mannan Hossain 14. Shri G. Nizamuddin 15. Shri Rashid J.M. Aaron 16. Shri Narayan Chandra Borkataky 17. Shri Prahlad Joshi 18. Shri Hansraj Gangaramji Ahir 19. Shri Avinash Rai Khanna #20. Shri Syed Shahnawaz Hussain 21. Shri Mohammad Salim 22. Shri T.K. Hamza 23. Shri Saleem Shervani 24. Shri Mukeem Mohammad 25. Dr. Mohd. Shahabuddin 26. Prof. K.M. Kader Mohideen 27. Shri Chandrakant Bhaurao Khaire 28. Shri Arjun Charan Sethi 29. Shri Suravaram Sudhakar Reddy 30. Shri A.R. Shaheen *Nominated w.e.f. 15th February, 2006. ✝Nominated w.e.f. 8th March, 2007. #Nominated w.e.f. 3rd December, 2007. (i) (ii) SECRETARIAT Shri Shamsher Singh, Joint Secretary Shri P. P. K. Ramacharyulu, Director Shri B.C. Sharma, Joint Director Shri P. Narayanan, Deputy Director Shri Suresh B. Malkani, Committee Officer PREFACE I, the Chairman of the Joint Parliamentary Committee on Wakf, having been authorised by the Committee to submit the Report on its behalf, present this Seventh Report on the Implementation of Wakf Act, 1995 in Tamil Nadu and the working of the Tamil Nadu Wakf Board. 1.2 The Joint Parliamentary Committee on Wakf was constituted on 2nd January, 2006 by Chairman Rajya Sabha in Consultation with the Speaker, Lok Sabha with the following terms of reference: (i) to ascertain the status of implementation of the Wakf Act, 1995 by various State Governments; (ii) to suggest such amendments to the Wakf Act, 1995, as may be considered necessary, so as to achieve its objectives including retrieval of the Wakf properties encroached upon; (iii) to examine the functioning of the Central Wakf Council and suggest suitable measures for its effective functioning; and (iv) to look into the working of the State Wakf Boards and recommend suitable measures for their proper and smooth functioning. 1.3 The Committee was constituted for a term of one year. As the Committee could not complete the work assigned to it, the Committee sought extension of one year and the Chairman, Rajya Sabha had kindly granted extension. The term of the Committee was further extended upto 31st March, 2008 by the Chairman, Rajya Sabha to complete the assigned task. 1.4 Earlier a Select Committee of Rajya Sabha was constituted to look into the working of the Wakf Boards on 29.10.1996. Later the status of this Committee was raised to the Joint Committee which was reconstituted on 28.1.1999, and on 27.5.2000. However, the present Joint Committee on Wakf was constituted with different terms of reference and as mentioned in the earlier paragraph, for a specific term of one year. 1.5 The Committee, as part of the examination of the Tamil Nadu Wakf Board, visited Tamil Nadu from the 24th to 27th October, 2007 to make an on the spot study of the working of the State Wakf Board and the implementation of the Wakf Act, 1995. It visited some Wakf properties there and held interaction with general public, officials of Wakf Board and Chief Secretary and other senior officials of State Government of Tamil Nadu. 1.6 The Committee considered and adopted its Seventh Report on Implementation of Wakf Act, 1995 in Tamil Nadu and the working of Tamil Nadu Wakf Board in its meeting held on 28th March, 2008. 1.7 The Committee wishes to express its gratitude to the representatives of the Ministry of Minority Affairs, Chief Secretary and other senior officers of the Government of Tamil Nadu and the functionaries of Tamil Nadu Wakf Board, for furnishing necessary information/documents and rendering valuable assistance to the Committee in its deliberations. (iii) (iv) 1.8 The Committee while making its observations/recommendations, has relied mainly on the following:— (a) Background note received from the State Government of Tamil Nadu. (b) Replies to the questionnaire received from the State Government/State Wakf Board. (c) Representations received from individuals/Organisations. (d) Discussions held with individuals/Organisations, representatives of Wakf Board and State Government of Tamil Nadu. (e) Oral evidence of Chief Secretary, State Government of Tamil Nadu. S.M. LALJAN BASHA NEW DELHI; Chairman, March 28, 2008 Joint Parliamentary Committee on Wakf. Chaitra 8, 1930 (Saka) 1 REPORT The State Government of Tamil Nadu informed the Joint Parliamentary Committee that the Wakf Act, 1954 came into force in the State on 15.1.1955 and the First Survey of Wakf properties was completed in the year 1957 and the first Wakf Board was constituted on 18.1.1958. After the implementation of the Wakf Act 1995 (Central Act 43 of 1995) the Government of Tamil Nadu in their G.O.Ms.No.221 Commercial Taxes and Religious Endowments Department, dated 10.6.97, reconstituted the Wakf Board and notified the same on 10.6.1997 in the Official Gazette. The present Board was constituted by the Tamil Nadu Government vide G.O.Ms.No.6, B.C., M.B.C. and M.W.(TI) Department dated 6.3.2007. 2. FUNCTIONS OF THE BOARD 2.1. As per the provisions of Wakf Act, 1995, the Board has been assigned various functions and Powers. 2.2 The Committee was also informed by the State Government of Tamil Nadu that, the Board implements certain schemes for the needy Wakf institutions which are as under: (a) Renovation scheme for the repair and renovation of Wakf properties. (b) Major Renovation Scheme. (c) Scheme for construction of compound wall/barbed wire fencing around Burial Ground. 2.3 These schemes are being implemented from the grants sanctioned by the Government of Tamil Nadu. 2.4 The Board had also operated Development Schemes for the development of Wakf properties from the loan sanctioned to the Wakf Institutions by the State Government and Central Wakf Council, New Delhi. 2.5 The Wakf Board has been running a College (i.e.) M.S.S. Wakf Board College at K.K. Nagar, Madurai. 3. ESTABLISHMENT OF TAMIL NADU WAKF BOARD 3.1 The State Government informed the Committee that the office of the Tamil Nadu Wakf Board was functioning at No.7/4, 9th Cross Street, Indira Nagar, Adyar, Chennai-20 and now it has been shifted to its own building. The Chief Executive Officer is the Administrative head of the Board and for efficient administration the Board is having 10 zonal offices at Chennai, Vellore, Panruti, Salem, Coimbatore, Thanjavur, Trichy, Madurai, Ramanathapuram and TirunelveIi. Each zone is controlled by one Superintendent. There are 33 Wakf Inspectors covering all the 30 Districts. 4. FINANCIAL POSITION OF THE TAMIL NADU WAKF BOARD 4.1 About the financial position the State Government informed the Committee that the main source of income for the Board is the 7% contribution (6% upto 1995-96) collected annually from the assessable Wakf institutions under section 72 of the Wakf Act 1995. Out of this, l/7th is being paid regularly to the Central Wakf Council, New Delhi. 4.2 The amount of contribution collected during the last five years is given below: 2 2002-03 – Rs. l,41,42,000.00 2003-04 – Rs. l,52,41,413.00 2004-05 – Rs. l,59,38,658.70 2005-06 – Rs. l,63,67,444.86 2006-07 – Rs. l,68,94,542.75 4.2 Due to strenuous efforts made by the Wakf Board during each year, the collection of contribution has significantly increased. 4.3 The Committee was further informed that the major financial commitment of the Board was towards payment of pay and allowances to the Board employees, Pension contribution payable on behalf of the staff, 1% contribution to Central Wakf Council, New Delhi, Audit fees, legal charges, T.A. to the Hon’ble Chairman, Members and Staff, etc.. The total charges as accounted for during the last five years are as follows: 2002-2003 – Rs. 205.38 Lakhs 2003-2004 – Rs. 232.30 Lakhs 2004-2005 – Rs. 186.91 Lakhs 2005-2006 – Rs. 245.41 Lakhs 2006-2007 – Rs. 256.07 Lakhs 4.4 The State Government informed that in order to meet the excess of expenditure over receipts, the Government of Tamil Nadu was sanctioning administrative grants since 2002-03 of Rs.45 lakhs as detailed below.
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