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PARLIAMENT OF RAJYA SABHA

SEVENTH REPORT OF JOINT PARLIAMENTARY COMMITTEE ON WAKF ON IMPLEMENTATION OF THE WAKF ACT, 1995 IN 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 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 .

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, -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, , 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. The excess expenditure during the above period was due to diversion of funds to the construction of own office building for Tamil Nadu Wakf Board. The reserves available were utilised for the excess expenditure.

2002-2003 - Rs. 45 Lakhs 2003-2004 - Rs. 45 Lakhs 2004-2005 - Rs. 40 Lakhs 2005-2006 - Rs. 45 Lakhs 2006-2007 - Rs. 45 Lakhs

5. REMITTANCE OF STATUTORY 1% CONTRIBUTION TO CENTRAL WAKF COUNCIL

5.1 As per section 10 of the Wakf Act, 1995 every Wakf Board shall pay from its Wakf fund annually to the Wakf Council, New Delhi such contribution as is equivalent to 1% of the aggregate of the net annual income of the Wakfs in respect of which contribution is payable under sub section (1) of section 72 of Wakf Act, 1995.

5.2 The Committee was informed that the Board was prompt in making its contribution to CWC and so far a sum of Rs.1,89,14,024.00 was remitted to Central Wakf Council by the Board as its share of 1% contribution due to them since the new Wakf Act 1995 came into force. 3

1996-97 – Rs. 45,98,749.00 (Towards settlement of dues of previous years) 1997-98 – Rs. 15,48,167.00 1998-99 – Rs. 13,85,861.00 1999-2000 – Rs. 12,70,580.00 2000-2001 – Rs. 7,69,751.00 2001-2002 – Rs. 16,31,326.00 2002-2003 – Rs. 19,09,590.00 2003-2004 – Rs. 12,00,000.00 2004-2005 – Rs. 10,00,000.00 2005-2006 – Rs. 10,00,000.00 2006-2007 – Rs. 10,00,000.00 2007-2008 – Rs. 26,00,000.00 the Committee was informed.

6. PARTICULARS OF WAKFS 6.1 As per the details furnished to the committee by the State Government there are in total 6150 Wakfs under the supervisory control of the Tamil Nadu Wakf Board. Out of them the total no. of assessable Wakfs i.e. whose annual income is 5,000/- and more (taxable Wakfs) is, 2224 and the total no. of unassessable Wakfs i.e. whose annual income is less than Rs.5,000/- is, 3926.

7. SURVEY 7.1 The State Government informed the Joint Parliamentary Committee that under section 4 of the Wakf Act 1995, the State Government appointed the Commissioner of Survey and Survey Commissioner of Wakfs vide G.O.M.S.No.18 B.C, M.B.C. (W) Department dated 6.4.1998 for the purpose of survey of the Wakfs existing in the State at the date of commencement of the Act, 1995. District Revenue Officers were appointed as Additional Survey Commissioners of Wakfs and Tahsildars in the State were designated as Assistant Commissioner of Wakfs. 7.2 The Committee was informed that the first meeting was conducted by the Survey Commissioner in connection with survey work took place on 3.9.1998 and the second meeting on 16.9.1999. Thereafter the work on survey of Wakf properties started Taluk-wise. The State Government also appointed the Chief Executive Officer, Tamil Nadu Wakf Board as the Additional Survey Commissioner vide G.O.Ms.87, B.C., M.B.C. and M.W. Department dated 9.8.2000. 7.3 As per the direction and instructions given by the State Government, district-wise particulars of Wakf properties had been extracted from the original registers of the Tamil Nadu Wakf Board already prepared as per the provisions of Wakf Act, 1954 and handed over to all the District Revenue Officers in the State and P.A. to Collector, Chennai. 7.4 The Committee was also informed that the District Revenue Officers have been designated as Joint Commissioners of survey were taking steps to verify the Wakf properties with reference to the particulars furnished by the Board. Moreover the field staff of Tamil Nadu Wakf Board are extending their full co-operation and assistance to the Revenue officials for preparing the survey reports and a CD containing the list of Wakf Properties in various Districts have been furnished 4 to the Commissioners of survey and settlement as required by them. It was also stated that the Survey Work was under progress and not yet been completed.

8. CONSTITUTION OF WAKF TRIBUNAL 8.1 As per the background note submitted to the Committee the State Government vide G.O.Ms.458, C.T. and R.E. Department dated 24.10.97 and G.O.Ms.No.75, B.C,M.B.C. and M.W department dataed 9.8.2007 constituted 24 Wakf Tribunals in the State as per section 83 of the Wakf Act, 1995.

9. REMOVAL OF ENCROACHMENTS FROM WAKF PROPERTY 9.1 On encroachments the State Government informed the Committee that; 1081 encroachments had been identified so far and the total extent of encroachment was 25,10,726 Sq.ft. 1081 encroachers were issued notices under section 54(1) of Wakf Act, 1995. 587 Applications had been made before S.D.O./R.D.O concerned under section 55 of Wakf Act, 1995. 54 encroachers had been removed by the S.D.O./R.D.O. It was further stated that in terms of Sq.ft 2,40,672 encroachments had been removed. 533 cases were Pending before the S.D.O./RD.O. 16,36,744 Sq.ft. of encroachment were still to be removed. 9.2 After making application before the S.D.O./R.D.O. 44 encroachers have filed suits against the orders passed under section 54(3) and 55 of the Wakf Act, 1995. The Committee was infonned that the progress of the suits was being watched through the Wakf Advocates.

10. SANCTION OF RENOVATION GRANT BY THE GOVERNMENT OF TAMIL NADU TO THE POOR AND NEEDY WAKFS 10.1 The State Government submitted in their background note that under the scheme of repairs and renovation to the poor and needy Wakf institutions in the State, grants are sanctioned by the State Government through the Tamil Nadu Wakf Board from the year 1973-1974 onwards. 10.2 Originally a sum of Rs.5,000/- used to be sanctioned and released to each poor and needy Wakf institution by the State Government. The Committee was informed that due to increase in the rates of labour and materials, the grant has been enhanced from time to time and now finally the Government in their G.O.Ms.No.304 C.T. and R.E. Department dated 1.9.1993 have fixed a maximum grant amount of Rs.25,000/- for each institution.

11. SANCTION OF GRANT FOR THE CONSTRUCTION OF COMPOUND WALL/BARBED WIRE FENCING AROUND THE BURIAL GROUNDS BY THE GOVERNMENT OF TAMIL NADU 11.1 The State Government also informed the Committee that in addition to the grant for repairs and renovation to the poor and needy Wakfs, another scheme for construction of compound wall/ barbed wire fencing around the burial ground was introduced in the year 1992, so as to protect the Wakf properties from unauthorised encroachments etc. Every year around Rs.5 lakh is sanctioned benefiting about 20 Wakf institutions.

12. MAJOR-RENOVATION GRANT 12.1 The Joint Parliamentary Committee was informed that the State Government also sanctions grant for major repair and renovation of and from 1999 onwards to the needy Wakf institutions which are in dilapidated condition and which require urgent renovation work. The year-wise number of Wakfs benefited under the above said scheme and the amount sanctioned are furnished below:— 5

Year Amount Sanctioned (Rs. in Lakhs) No. of Wakfs benefited 1999-2000} – – 2000-2001} 40.00 19 2001-2002} 80.00 33 2002-2003} 2003-2004 40.00 19 2004-2005 50.00 20 2005-2006 50.00 34 2006-2007 – – 2007-2008 52.00 26

13. SANCTION OF DEVELOPMENT LOAN UNDER THE SCHEME OF DEVELOPMENT OF URBAN WAKF PROPERTIES BY CENTRAL WAKF COUNCIL, NEW DELHI 13.1 The Committee was informed that the Central Wakf Council, New Delhi sanctioned development loan under the scheme of Development of Urban Wakf Properties. The year-wise sanction of Development Loan by the Central Wakf Council, New Delhi to the Tamil Nadu Wakf Board is as follows: Year Amount in Lakhs 1974-75 – 1.00 1975-76 – – 1976-77 – 1.00 1977-78 – 2.00 1978-79 – 2.00 1979-80 – 5.00 1980-81 – 6.00 1981-82 – 4.50 1982-83 – 7.43 1983-84 – 36.63 1984-85 – 13.94 1985-86 – 6.75 1986-87 – 17.62 1987-88 – 14.36 1988-89 – 14.00 1989-90 – 48.52 1990-91 – 34.78 1991-92 – 5.60 2002-2003 – 15.00 2003-2004 – 8.25

TOTAL: – 244.38 Twenty-Three (23) Wakf institutions were benefited by this scheme. 6

14. WAKFS UNDER DIRECT MANAGEMENT OF TAMIL NADU WAKF BOARD 14.1 As per the note submitted by the State Government to the Committee there are at present 67 Wakfs under the direct management of Tamil Nadu Wakf Board. 14.2 The Wakf Board Officials had informed the Committee that a large number of Wakfs are under direct management of the Board under section 65 of the Wakf Act, 1995. Some of them are under its direct management exceeding five years in aggregate. Most of the Wakfs under direct management of Tamil Nadu Wakf Board have been notified in Official Gazette. The Wakf Board Officials further submitted that Area Committee of the Tamil Nadu Wakf Board has been requested to inspect, enquire and send proposals to Tamil Nadu Wakf Board for handing over management of the Wakfs to the Management Committee or Mutawallis. The Reports of the Area Committees are awaited and when the reports of the Area Committees will be received further action will be taken as quickly as possible to appoint Mutawalli or Management Committee as the case may be to the Wakfs concerned.

15. ULEMA PENSION SCHEME 15.1 The State Government submitted to the Committee that an Ulema Pension Scheme was introduced in the year 1981 by the Government of Tamil Nadu. As per G.O.Ms.No.684, C.T. and R.E. Department dated 9.6.1981, Pesh Imam/Muazzin/Arabic Teacher who completed 60 years of age, served in any Registered/Surveyed and notified Wakf Institution for atleast 20 years and has no other satisfactory means of livelihood are eligible for getting Ulema Pension. In G.O.Ms.No.78, B.C., M.B.C. and M.W. Department dated 19.7.2000, ‘Muzavars’ (in any ) are also made eligihle to get Ulema Pension. In G.O.Ms.No.292, C.T. and R.E. Department dated 26.3.86, requirement of age and qualifying experience were reduced from 60 years to 50 years and 20 years to 10 years respectively in respect of the applicants who are handicapped or suffer from any permanent disability. 15.2 The Committee was also informed that at the time of commencement of the scheme, 400 Ulemas got benefited by the scheme and the pension amount at the rate of Rs.250/- per month was sanctioned. Considering the plight of the poor Ulemas, the pension amount was increased to Rs.400/- per month with effect from 1.12.1994 vide G.O.Ms.No.396, C.T. and R.E. Department dated 27.11.94 and then increased to Rs.500/-per month in G.O.Ms.No.306, C.T. and R.E. Department dated 3.9.1996. Lastly in G.O.Ms.No.108, RC., M.B.C. and M.W. Department dated 12.12.2005 the pension amount was to enhanced Rs.750/- with effect from 15.11.2005. The number of beneficiaries have also increased from time to time and lastly in G.O.Ms.No.42, B.C., M.RC. and M.W. Department dated 3.6.98 the Government have increased the number of beneficiaries to 2200.The Budget allocation for the year 2007-2008 is Rs.1.98 crore. 15.3 The Government in G.O.Ms.No.28, B.C., M.B.C. and M.W. Department dated 27.7.2001 delegated the powers for the sanction of Ulema Pension to the Chief Executive Officer, Tamil Nadu Wakf Board on the recommendations of the Ulema Pension Sanction Committee and the Chief Executive Officer, Tamil Nadu Wakf Board is the convenor and Member Secretary of the Ulema Pension Sanction Committee.

16. CONSTRUCTION OF OWN OFFICE BUILDING FOR TAMIL NADU WAKF BOARD 16.1 The Committee was informed that the Wakf Board used to function from 1957–58 onwards from rental buildings. At present a monthly rent of Rs.35,000/- is being paid to the owner of the Building with effect from 1.7.2003. 16.2 The Board stated that during 1977, it approached the Government of India and State Government for allotment of land for construction of its own office building. The Ministry of 7

Defence, Govt. of India, accorded sanction to the Military Estate Officer, Madras Circle for the transfer of 13,024 sqft. of Defence land in R.S.No.4107 situated at Jaffar Syrang Street, Chennai-I. to the Tamil Nadu Wakf Board on payment of Rs.3,07,692/-. 16.3 The Tamil Nadu Government sanctioned a sum of Rs.3,07,692 as loan to Tamil Nadu Wakf Board for the purchase of the above said land vide G.O.Ms.298 C.T. and R.E. Deptt., dated 23.3.1981. This site lied vacant for the past 20 years. 16.4 The Committee was further informed that the Government vide G.O.Ms.No.54, B.C., M.B.C. and M.W. Department dated 1.l0.200l provided funds for construction of office building at Chennai to Board at an ultimate cost of Rs.40/- lakhs under Part-II Scheme 2001-2002 and accorded sanction for the sum of Rs.40/- lakhs. In addition to this the State Government also sanctioned a sum of Rs.12/- lakhs for the construction of compound wall. The Government also issued orders in G.O.Ms.No.106 dated 8.11.2005 and in G.O.Ms.No.6 dated 12.1.2006 to divert Rs.30 lakhs and Rs.20 lakhs from Board fund to construction Fund. The plans for the construction were approved by CMDA by their Permit No.1475/31-A&B/2003 in file No.C4/12078/03 dated 24.7.2003 and the Chennai Corporation Issued building permit by their Permit No.CEBA/438/2003 dated 30.9.2003. 16.5 The administrative sanction was accorded in G.O.Ms.No.43, B.C., M.B.C. and M.W. Department dated 19.8.2004 and the construction work was started on 30.1.2005. The Central Wakf Council sanctioned loan of Rs.48 lakhs on 22.6.2007. Besides the State Government also sanctioned Rs.10.00 lakhs as loan during the year 2006-2007 for interior works. 16.6 During 2007-2008 a sum of Rs.30.50 lakhs was sanctioned by the Government of Tamil Nadu as grant for providing Generator, Computers and Office Automation. The construction work was completed except for the water supply and drainage connections.

17. MUQYYATH SHA SIRGURO WAKF BOARD COLLEGE, K.K. NAGAR, MADURAI 17.1 As per the note submitted by the State Government to the Committee the M.S.S. Wakf Board College came into existence on account of a compromise decree passed by the in A.S.435 of 1964 between the Tamil Nadu Wakf Board and Ishtiaq Sha Sahib Sirguro and Musthaq Sha Sahib Sirguru. The College has been offering educational facilities for Muslims in particular. The College is cosmopolitan in outlook and affords opportunity to all irrespective of race, religions, caste, creed or place of birth. The College was started in the year 1969 in a rented building. Subsequently it has been shifted to the site of Managiri Tank donated by the Government of Tamil Nadu wherein building was constructed by availing loan from Tamil Nadu Wakf Board and public donations. 17.2 The Committee was informed that the College and its properties were notified by the Tamil Nadu Wakf Board as Wakf under Wakf Act 1954. In the entire India, it is the only College that enjoys the exclusiveness of privilege to be run under the auspices of a State Wakf Board. The College, secular in outlook, though a minority institution, admits students of all religions.

18. WAKF RULES AND REGULATIONS The Committee was informed that the Tamil Nadu Wakf Rules were notified on 16.10.2000. However, Wakf regulations were not finalized and were in the process of preparation.

19. VISIT OF THE COMMITTEE 19.1 The Committee visited Tamil Nadu from 24th to 27th October, 2007 for an on the spot study of the implementation of Wakf Act, 1995 and working of Tamil Nadu Wakf Board. During the visit the Committee visited the following Wakf Properties. 8

19.2 Divan sahib Burial Ground Wakf, Ice House, is a surveyed and notified Wakf. The Wakf owns a property of 25 grounds and 865 Sq.ft. of Land in R.S.No.l400/1 to 1400/3. The then Muttawalli Janab Nazeeruddin Mohammed Sahib has given the Wakf land to an extent of 7500 sq. ft. to one Shri Arunachala Naicker on lease basis at Rs.2/-per month with registered document dated 04.08.1917. After the demise of the lessee, his daughter Shrimati Kuppammal has encroached the entire Wakf Land and sub let the properties to vehicle stand and earning several thousands or rupees. The lessee is now remitting Rs.250/- as rent per year. 19.3 Action has been taken by the Board under the Wakf Act 1995 section 54 and 55 and the present lessee Smt. Kuppammal has filed a writ petition before the Honourable High Court in W.P.No.37094/02 and the Honourable High Court has oraered to get relief from the Wakf Tribunal, Chennai. The present Muttawalli has not taken any action against the encroacher. He has not produced any document to the Wakf Board. Shrimati Kuppammal has filed O.S.No.5857/2002 before the Wakf Tribunal. Meanwhile she expired, now her daughter Smt. D.S. Nagalakshmi has impleaded in the case. 19.4 A letter has been addressed to the Tahsildar, Chennai on 03.09.2002 to evict the encroachment and the encroacher has filed W.P.37094/02 and I.A.55779/2002 and the case was dismissed on 27.09.2002. Again the Tahsildar was addressed on 16.11.2002 to evict the encroachment. 19.5 The Muttawalli of the Wakf has not appeared for the case on 0.S.5857/2002 for cross- examination and he has not filed any counter to the court. He has informed that he would produce the list of Lease Holders, Tenants etc., to the Board, but he has not produced any documents to the Board. After trail the Judgement has been reserved. A Show cause Notice has issued by the Tamil Nadu Wakf Board to Muttawalli as to why action should not be initiated against him. The reply from the Muttawalli is awaited. Nawab Khyrunnisa Begum Saheba Endowments and Hazrath Pappu Masthan Dargah 19.6 The Wakf Pappu Masthan Dargah and Nawab Khyrunnisa Begum Saheba Endowment is a surveyed and notified Wakf. The said Wakf is under the direct control of the Tamil Nadu Wakf Board and its gazetted S.L.No.85 &/121/Chennai. The Wakf owns the following properties. Gs.121/Chennai: Pappu Masthan Dargah S.No.l 055/2, of Village/Taluk 1 Cauney. Gs.85/Chennai: Nawab Khyrunnisa Begum Saheba Endowments. S.No. 1055 of Mylapore Village/Taluk 5 Cauney’s 20 Grounds and 1233 Sq.ft. 19.7 The Tamil Nadu Slum Clearance Board has acquired an extent of Land measuring 16 Grounds and 1121 Sq.ft. for construction of tenements. The remaining land in the hands of the unauthorized occupants. 19.8 The Burial Ground of the said Wakf is not in use and the erstwhile Board has passed a resolution in item No.36/02 in Rc.No.12209/C2/Chennai/2000 dt.19.03.2003 to develop the land by Joint Venture in about 35 Grounds, which is vacant. One of the person from the locality has filed a writ petition challenging the Boards Order and the same is pending. Ashraf Ali Sha and Farid Ali Sha Thaikka, Mandaveli 19.9 The above Wakf is a surveyed and notified Wakf. The Wakf has got the Property Land and Bulding and shops at 4126/2 door no-18-277 St. Mary’s Road, Mylapore. 9

19.10 The President and Committee Members of Idgah Mosque, Mandaveli made a request to the Tamil Nadu Wakf Board for permission to construct a Community Hall in the vacant land in S.No.l, St. Mary’s Street, Mandaveli belonging to the Ashraf Ali Sha and Farid Ali Sha Thaikka, Mandaveli at an estimated cost of Rs.1,15,00,000/-. They submitted a plan of the proposed construction of Community Hall in an extent of 13,158 Sq.ft comprised in R.S.No.4126/2 Block No. 89 of Mylapore and having main access from Sivaraman Street, Mandaveli, Chennai~28 together with the right to use the passage measuring 10 feet wide leading from St. Mary’s Road and situated within the Mylapore. The specification of the proposed Community Hall is basement ground first and second floor. 19.11 The Tamil Nadu Wakf Board in its order in item no.136/03 dated 02.12.03 resolved to permit the Ashraf Ali Sha and Farid Ali Sha Thaikka, Mandaveli, Chennai to develop the Wakf Property with the investment that may be brought in by the Idgah Mosque, Mandaveli, Chennai. 19.12 The Board finally directed the Committee of Idgah Mosque, Mandaveli and Ashraf Ali Sha and Farid Ali Sha Thaikka, Mandaveli to prepare a memorandum of understanding indicating the sharing of income and other incidental mutually agreed terms and conditions with Board. 19.13 The Board also directed the Idgah Mosque Committee to forward the resolution informing the Board to their intention to develop the property. The Board also directed the Idgah Mosque Committee to furnish statements showing the availability of funds for the purpose of carrying on development. 19.14 The Secretary of the Idgah Mosque has sent the minutes of the Executive Committee in this regard, which is under the consideration of the Board. Arundale Street Mosque, Mylapore, Chennai 19.15 The Mosque and Burial Ground Arundale Street, Mylapore, Chennai-4 is a surveyed and notified Wakf bearing G.S.No.96/Madras. The Wakf originally owned the landed property comprised in T.S.No.2024 of Mylapore measuring an extent of 95 grounds and 1748 sq. ft. As per the revised proforma report the rule of succession to the office of Mutawalli is election by General Muslim Public Jamath of the locality according to custom usage as per Board’s Order in R.C.No.6772/C2/ 91/Chennai dated 19.4.98 with preference to the Wakifs family members to participate in the administration of the Mosque. 19.16 Further as per the High Courts Judgement made in W.P.6846/91 and 15144/91 dated 15-2-95, the Board in its proceedings in item No.78/97 dated 19.4.98 decided as follows: (1) That the Mosque and Burial Ground owns landed property measuring 95 grounds and 1748 sq. ft. has been declared as WaIf Alal Aulad. (2) That compliance with High Court Order in W.P.No.15144/91, the 1/3rd of the total property completely detached and demarcated has been declared a Public Wakf and 1/3rd of the original dedicated properties of 30 grounds whichever is higher has duly apportioned for exclusive religious and charitable purpose. (3) That in pursuance of the aforesaid stipulation a new proforma report would be prepared with suitable amendments. (4) That the Respondent Janab S.M. Kmaluddin Fakhri shall ensure demarcation. (5) The Board directed that only after the stipulated demarcation and separation the 1/3 of the properties exclusively set apart for the public Wakf purposes is completed the Wakf official has to takeover the same and the 2/3rd of the properties should be released and handed over for the enjoyment of the Respondent. 10

(6) The Board directed the Chief Executive Officer, Tamil Nadu Wakf Board that after taking charge of the demarcated Wakf Properties, the new public Wakf shall be brought under the direct management of the Tamil Nadu Wakf Board and after a reasonable period the Board shall initiate proceedings to constitute a public Committee. Later Janab S.M. Kamaluddin Fakhri and two others requested modification. In item No.77/98 dated 22-1-03, the Board resolved as follows: (1) To direct the Superintendent of Wakfs, North Zone/Chennai to take possession of the 1/3rd property or 30 grounds whichever is higher from the parties. (2) The cost of expenses for demarcation shall be borne by the petitioners. (3) After handing over 1/3rd portion including the charge of the existing mosque, 2/3rd of the properties will be released and handed over to the parties. (4) As the family members of the petitioners are buried in the burial ground, it has to be treated as family Wakf of petitioner’s family and that the petitioner’s family members should protect the burial ground by raising compound wall if necessary. (5) Since the rule of succession to the office of Muttawalli is Hereditary preference will be given to the Wakfs family members to participate in the administration of the Mosque. 19.17 The Superintendent of Wakfs, Chennai reported on 3.4.03 that he has taken possession of 1/3rd of the property alongwith the charge of the Mosque measuring 5 grounds from Janab S.M. Nizamuddin Fakhri. 19.18 Later the Board in its resolution item No.119/03 dated 25-9-03 resolved to make use of the Wakf Property by developing the property under Joint Venture project. The Tamil Nadu Wakf Board also resolved to construct a working women’s Hostel preferable fro working muslim women on the ground floor and residential flats on the subsequent floor shareable between the Tamil Nadu Wakf Board and the prospective builder. 19.19 Later after getting certain tenders the matter was referred to the Sub-Committee Janab N.A. Mirza, Hon’ble Member, Tamil Nadu Wakf Board expressed that it would not be advisable to house the working women’s hostel alongwith residential flat in the same complex. Finally the Sub- Committee suggested that the earlier resolution passed in this regard has to be modified. The matter has to be taken up by the Board again.

20 INTERACTION WITH THE PUBLIC 20.1 The Committee also keenly interacted with the Public during the visit. The following issues were raised by the Public during the interaction: 1. Between 1960s and 70s Wakf Board properties were plundered by the Government agencies. Slum Clearance Board purchased so many Wakf properties in 1970s. Wakf Board should be adequately empowered to recover such lands from the State Government. 2. Political appointments should not be encouraged in the Wakf Board. Political appointees should not be nominated to the Wakf Board. They should be democratically elected since they have no objective interest but having only subjective interest. 3. Some of the Wakfs and endowments function as finance companies under the banner of charitable trust. Such Wakfs should not be allowed to get exemption from income tax and wealth tax. and other kinds of grant/aid from the Government. 11

4. Air fare subsidy for Haj pilgrims should be continued. 5. Trust/Endowments Acts need to be amended in order to cool down countrywide protests, violence, death, reduce millions of cases in various courts in India involving trust/Wakf/endowment properties. 6. Some of the trusts prevent common man from constructing or buying or selling or taking loan for his own superstructure just because these trusts claim to be the land owners often blackmail the common man to pay land rents which are far more than house rent. Such a move created a big loss to the State Government treasury when no buying/selling or construction activities take place. 7. The trust/endowments/Wakfs are haunting the poor and down trodden for land rent. They threaten to seize the moveable items and evict them by issuing summons and filing suits. Poor Muslim community in Tamil Nadu is left at the mercy of these self appointed cateries of trust and endowments and Wakf. To remove this type of injustice to poor Muslims, Wakf Board Act should be properly amended and uniform rent fixed. 8. The private schools and colleges run by the wealthy Muslims have put education for sale and the Muslims below poverty line have no access to such institutions with the result, they crumble with their ambitions. 9. IPS or IAS Muslim officers should be made Head of the State Wakf Boards. All Chief Kazis of district may be made as the members. 10. Election should be conducted every three yeah for all Trusts and Endowments. 11. All Trusts/Endowments should substantiate their proof of ownership of land and assets to State Wakf Council which has to be headed by a Judge and members from CBI, Directorate of Vigilance and Anti-Corruption, Police Department, Collectorates and Revenue Departments. 12. The State Wakf Council should be permitted to take over any rogue endowments which are involved in the embezzlement of Wakfs funds. 13. A National Wakf Council should be established to monitor all State Wakf Councils. 14. In all private Muslim colleges, schools and marriage halls, 25 per cent quota should be fixed for people below poverty line. 15. There is a lot of difference between the report of the Wakf Board and the Jamath report in connection with the identification of Wakf Properties. Political appointment should not be made in respect of the Committee on identification of Wakf Board properties. All the identified Wakf properties, should be listed out in the website. 16. For the construction of in Chennai, permission from the District Collector is required. Steps should be taken to remove this. 17. The Government of Tamil Nadu have taken half of the property belonging to the Masjid-e-Azam Wakf in Mount Road, to redeem this property, No steps have been taken by the Wakf Board. 18. Properties worth Rs.62 crores in , Chennai are in the hands of private individual. Steps should be taken to recover them. 19. Professors belonging to Muslim community should be appointed in M.S.S. Wakf Board College, Madurai. 12

20. Ulema Pension Scheme should be implemented all over the country and Mouzins may also be sanctioned Ulema Pension like Moulvis. 21. The Central Wakf Council should give monthly grant to State Wakf Boards. Pension scheme may also be extended to Muslim widows. 22. Steps should be taken to recover the Wakf properties encroached by B & C Mill. 23. The Wakf Act should be amended to give more power to Wakf Board Chairman. 24. Regarding properties belonging to Arundale Street Mosque, Mylapore on 1966, Court verdict was given as Wakf Alal Aulad. In 1988, 15 pattas were issued by forged documents. In 1989 it was cancelled. It involves 200 crores worth of properties. Between 1991-2006, the total 95 grounds of Wakf lands was divided as 5 grounds for Mosques, 30 grounds for public purpose and 60 grounds for private individuals. 25. Some of the Wakf Board properties were mentioned as Poroboke lands in Government record. There should be proper maintenance of record for Wakf Properties. 26. Retrieval of Wakf properties, generation of additional income in Wakf Board will redress the problems of minorities and upliftment of their life. 27. The Wakf Properties are leased out instead of giving on rent. The Wakf Inspectors who are appointed for this purpose are not doing their work properly. It is very difficult to vacate the tenant from the Wakf Property. Those properties are not fit for dwelling. To solve all these, more powers should be given to Wakf Board. 28. There is no medical college for the minorities in Tamil Nadu. 29. Eligible should be permitted to apply for scholarship through the respective minority. colleges and educational institutions in consultation with Tamil Nadu Wakf Board. 30. Scholarship notification should be pasted in all mosques at a conspicuous place and press note may be issued by the Wakf Board. 31. Leather technicians, particularly women should be included to avail scholarships. 32. There is a disputed land measuring about 4 acres near . There is also a Masjid kuttai belonging to Wakf Board which is about one acre land. These could be used to establish educational institution at Pallavaram. 33. In order to curb alienations and encroachments of Wakf properties with the connivance of Mutawallis, an amendment to Wakf Board Act 1995 is the need of the hour. 34. In order to empower the Wakf Board, the power of appointing Muthawalli should be modified with suitable amendments. Similarly, Section 36, 41, 46 and 56 should be modified. The Muttawallis who failed to deliver their duties as directed in the deed of Wakf under section 61(a) 61(d) to (g) and section 68 should be modified by imposing fine against erring Mutawallis. 35. Section 92 should be amended with the word ‘shall’ with regard to impleading of the Board as a party to the suit. 36. Survey of Wakf properties was not done effectively after the Wakf Act, 1995. Necessary and speedy steps should be taken to complete the survey work. 37. If there is no Muslim Bar Council Member, Concerned Act should be amended to the effect that senior Muslim Wakf advocates may be nominated in the above categories. 13

38. In Aga Mohideen Wakf all the Properties have been encroached. Necessary steps should be taken to redeem the properties. 39. The Government has issued orders to the effect that the Wakf properties can be registered without the N.O.C. of the Wakf Board. The same should be stopped forthwith. 40. Development of Education to the Minority Muslims as much important as protecting the Wakf Properties. It is the prime duty of the Wakf Board to implement educational schemes through Wakf Board and work for the improvement, of the Muslim women. Medical and Engineering Colleges should be started for minority Muslims. 41. More powers should be given to the Wakf Boards so as to safeguard the Wakf properties. Without political influence persons having ‘Thakva’ and educational qualification should be appointed as Board Members. 42. Shop at East Coast Road measuring 1000 sqft. is rented out only for Rs.1000/-. Action should be taken, to increase the rent. 43. At present, the Central Wakf Council gives scholarship to the tune of Rs.10,000/- for professional students. This amount is not enough since the minimum fees approved by the Government is Rs.60,000/-. This amount should be increased by the Central Wakf Council. 44. Ministry of Minority Affairs should include Industrial Training Institute candidates also in the grant of Scholarship. Women development programme should be introduced. 45. Dargah properties should also be monitored, developed and used for educational purposes. 46. Board has leased out its land for Rs.5 per month per ground on 99 years lease. In some posh areas like Triplicane and Parrys, it has fixed Rs.10, 20, 45 per ground. But in underdeveloped areas, inhabitants are forced to pay Rs.2500 per month per ground. This is very unfair approach by the Board. This needs to be addressed. 47. The individual trust/Wakf should submit proof of ownership failing which the State Governments may be permitted to take over such land and issue patta to the occupants who have put up there for decades. 48. Private trusts are formed to get exemption from land ceiling, income tax, wealth tax and other civic taxes and also to get grants from the State Governments. 49. Senior Muslim Advocates and retired Muslim Judges may be considered for the appointment of Board Members from legal side instead of Bar Council Members. 50. Wakf Board is the official body of the Muslim Community. But it is acting as an authority for selection of committee for Mosques and Darghas. Change the Wakf Board as a powerful department. 51. Alienated lands and encroached lands have to be redeemed and distributed among houseless Muslims by way of forming a Housing Board exclusively for Muslims. 52. The Wakf Board should start educational institutions such as Engineering College and Arts College etc. in Chennai atleast within a period of 2 years. 53. Extending educational aid to the Muslim students who have scored top marks in District level. 14

54. Steps to extend financial assistance for education to the childrens of Ulemas. Hostel facility to the students those who are coming from rural areas to Chennai. Muslim girls, those who are coming for their studies are staying in private Hostels without any security. Separate hostel facilities for Muslim girls/boys should be provided on concessional basis. 55. In the heart of the Chennai city at Thayar Sahab Street, there is a Urdu Muslim Teacher Training School whIch is very badly maintained and which is looking worse than the municipal toilet. 56. Political dignitaries should not be nominated for the Wakf Board. Only the retired judges should be nominated to the Wakf Board.

21. DISCUSSIONS WITH CHIEF SECRETARY AND SENIOR OFFICIALS OF TAMIL NADU GOVERNMENT/OFFICIALS OF TAMIL NADU WAKF BOARD 21.1 During its visit, the Committee held interactions with the Chief Secretary and other officers of the State Government of Tamil Nadu and the officers of the Tamil Nadu Wakf Board. The Chief Secretary made the following clarifications: 1. With regard to the encroachments, on record there are about 1081 encroachments, involving about 25,10,000 square feet area. It terms of acres, it should be around 50 acres. Notices have been issued for all 1081 cases and SDOs and RDOs have been instructed in this regard. 2. Out of 587 cases, 54 encroachments have already been removed i.e. 2.40 lakh square feet encroachments have been removed and 16.36 lakh square feet is under action and they are in various stages. 3. 533 cases are pending before the officers and action will be taken to see that the encroachments on these properties are evicted following due process of law. This is being reviewed trom time to time at the Government level and Secretaries level and this system in Tamil Nadu would ensure that this pendency is kept at the minimum. 4. In respect of financial aspect, Government is giving an annual grant of Rs.45 lakh to the Wakf Board towards administrative expenses. In addition this year, Rs.52 lakh have been given towards major repairs and renovation of Wakf institutions. 5. A regular renovation grant for about Rs.5 lakh for taking up minor repair works for various Wakf Properties and Rs.5 lakh towards fencing of mosques and burial ground are also sanctioned. 6. A sum of Rs.1.18 crores is provided in the budget for payment of Ulema pension to 2,200 Ulemas. 7. Muslim Women Aid Societies in all the Districts have been constituted with the seed money of Rs.1 lakh per District. The Government will contribute matching grant equivalent to the donations, collected by the Society and this money would be used to help the Muslim women. 8. The State Government had released a sum of Rs.53 lakhs to Wakf Board for construction of its own building apart from waiving centage charge of Rs.13.30 lakhs. 9. The Government of Tamil Nadu recently passed an Act for reservation of 3.5 per cent in the jobs and admission to educational institutions for the Muslim minorities. Tamil 15

Nadu has been following progressive policies in taking care of the interests of Muslims and in promoting and protecting the interests of Minorities. 10. A college in Madurai is also getting Government support in terms of land. 11. A sum of Rs.2.5 crores has been set apart for providing job oriented training for the Minorities in Tamil Nadu. 12. Various schemes are there for about Rs.50 crores to train at least one lakh people, who may be drop outs, school finishers but they lack in finishing part. 13. Apart from giving job opportunities, for those who are in the live registers maintained in Employment Exchange, employment assistance is also given. 14. A monthly assistance of Rs.300/- for Graduates, Rs.200/- for Plus-Two and Rs.150/- for Tenth are given. 15. Government also directed TAMCO to give Rs.30 crore for Micro Credit and Term Loan to the Minorities. During this financial year a sum of Rs.5.09 crores have been disbursed so far. 16. 3177 persons have been benefited. Particularly for Muslims, there are three auto societies at Tirunvelveli, Coimbatore and Vellore. 17. All District Collectors are instructed in the DRDA meetings and other meetings that Muslims should be given preference while sanctioning auto loans and small traders loan. 18. State Government has allotted Rs. One Lakh per District for starting Muslim Women Aid Societies. Depending upon the donation collected by the society, an equivalent amount would be paid by the State Government. 19. Scholarships to backward classes including Christians and Muslims are not assessed separately. Collecting data of scholarship and various assistance given to Backward Class people and separate split up figure for Muslim backward class and Christian backward class would be made available soon. 20. For getting field information on encroachment of Wakf Properties five computerized forms have been prepared. A computerized number for each Wakf property has been assigned. Fifty per cent of the Work has been done in this aspect. However, correct figures from DROs and VAOs on encroachment are expected. This kind of work may take little bit of time. The field staff to focus on collecting details of encroachments in order to complete the process quickly. 21. In Chennai and Kancheepuram, major problems due to urban nature are there. The Collectors concerned and all the DROs have been addressed to make a survey on Wakf Properties and come up with the details. 22. There are 24 Wakf Tribunals in the State. In some districts, it is combined considering the population of a particular district. 23. In Tamil Nadu, Muslim Community goes for a mosque land and they collect money for the purchase of land. They seek permission from Tamil Nadu Government to construct mosque. Such applications are sent to Collectors and then it is forwarded to the Police Department. Some people make unsubstantiated allegations that things will go wrong if mosque is constructed in a particular place and hence there is delay in getting permission. Whenever application for construction of mosque is received, after due verification, permission may be given immediately. 16

24. To construct mosque permission should be given on the basis of “No Objection Certificate” issued by the Wakf Board. 25. Muslims are suffering for want of graveyards throughout Tamil Nadu. Most of the Muslim graveyards are vulnerable for illegal encroachments. 26. Pattas may be issued to graveyard areas and thereby illegal occupation/encroacmnents and anti-social elements entering into it may be prevented. Pattas may be issued to all the graveyard lands. 27. In Tamil Nadu Kazi Act is being reviewed. Chief Kazi is in Chennai. In districts, kazis are appointed by the Government. In about 7 to 8 districts, Kazis are not appointed. Recently,. the Supreme Court issued directions that all marriages should be registered. Kazis are playing more important role in the registration of Muslim marriages. Hence, district Kazis posts will be filled up early. A panel has been sent to Collectors concerned and if proper persons are appointed as District Kazis, it would be better. 28. Out of two training schools, one is at Thayar sahib Street. The building is in a worst condition. It is a vast area. It is ruined and in dilapidated condition. A Mosque is also there, which is in a dilapidated condition. The mosque should be reconstructed and Urdu Training School should be updated and hostel facility should be made for the inmates of this school. 29. With regard to Ulema pension, at present there is no pendency. Whenever an application is received for Ulema pension, Wakf Board may process it and keep it in the waiting list so that depending upon the waiting list, Government may take action to release further pensions.

22. DISCUSSION WITH THE STATE WAKF BOARD OFFICIALS 22.1 The committee during the visit interacted with the officials of Tamil Tadu State Wakf Board. During the interaction the officials made the following clarifications: 1. For the year 2006-07, a sum of Rs. 1.69 crores has been collected towards 7% contribution. As this amount was not sufficient to run the administration, the State Government provided administrative grant. During 2006-07, a sum of Rs. 45 Lakhs was sanctioned as Grant. 2. 6 meetings have been conducted by the Present Board and out of totaI number of 264 pending cases 145 cases have been disposed off by the Board in a short span of time. Also the Board has approved more than 100 administrative committees of Wakfs. 3. The Board has formed area committees as per sec. 18 of the Wakf Act, consisting of members of the Board, covering all the 30 Districts and the Board Members/Area Committee Members are making spot inspection and enquiry wherever such enquiry/ inspections are necessary. As on date 29 referrals have been made. 4. The Board has constructed its own office building at Jaffer Sarang St, Chennai-l at a cost of Rs. 1.20 Crore. Rs.40 lakhs was sanctioned by the State Government as Grant and a loan amount of Rs.70 lakhs was obtained from the Central Wakf Council. The construction work has been completed. 5. For making interior cabin works, Generator, EPBAX system and for the purchase of Fax, Computers etc., the State Government sanctioned a sum of Rs.30.5 lakhs as loan under the Part-II Scheme. 17

6. The Board has been prompt in settling the statutory remittance of 1% contribution to the Central Wakf Council, New Delhi. As on date for the year 2006-07 the Board has remitted a sum of Rs.26 lakhs and there is no due to the Central Wakf Council, New Delhi. 7. The Board has been taking every possible steps to vacate the Encroachments in Wakf Properties. But the Board could not make effective steps in retrieving the encroached Wakf Properties due to lack of co-operation from SDM / RDO’s. 54 encroached Wakf Properties have been retrieved. 8. 533 cases are pending with RDO’s. Cases pending with RDO’s which are referred “by the Chief Executive Officer after making enquiry under section 54 are not attended by the RDO’s immediately. Necessary instructions may be issued to the Revenue authorities to expedite these cases. 9. The original staff strength of the Tamil Nadu Wakf Board is 127. But due to retirement of staff on superannuation and due to death of some staff, the present staff strength is only 73. Even with this reduced staff strength, the Board is managing the affairs diligently. The original staff strength should be restored. The finances of the Board are not sound enough to make regular appointments. 10. Administrative grant sanctioned by the Government are inadequate. The Board is not in a position to run the administration in a more effective manner. A sum of Rs.1 Crore may be provided to the Tamil Nadu Wakf Board by the State Government as Annual Administrative Grant. 11. The Record/Document Section of the Board needs to be modernized. Documents with details of Wakfs and Wakf Properties should be digitalized for which the Board require huge funds. This is an one time expenditure and for this purpose also the Board should be provided with funds. 12. The Wakf Board is also planning to install a comprehensive computer based management information system for the Wakf administration. The State Government have provided a token sum of Rs.2.5 Lakhs as grant for this purpose for the purchase of 10 computers. But this installation of MIS require lot of funds. The Government of India can provide funds as grant for effective implementation of MIS which will help to systemize the Wakf operations. 13. The State Government provided grant for repair, maintenance of Wakf Properties for 2007-08, a sum of Rs.52 lakhs which benefited 26 Wakfs. But the Wakf Board has proposals worth Rs.32.92 crores for 359 Wakfs. Atleast 25% of the required amount has to be sanctioned to the needy Wakf institutions for this purpose. 14. The Wakf Act 1995 has to be amended so as to enable the Board to grant lease of Wakf land beyond 3 years on specific cases in which educational institutions are run for charitable purposes and also in cases where the Wakf Property is leased out to Government Departments which are governed by their own Rules and Regulations – for example – a Wakf Property was leased out to Postal Department by Dowlathul Jamath, Kadayal in Kanyakumari District. But the rent for the Post Office building could be enhanced since the Postal Law allows enhancement of rent / once in five years and Rental Agreement should be made for 5 years as per Postal Department Rules. Hence Lease of Wakf Property has to be allowed beyond 3 years in specific cases with reasons to be recorded. 15. There are 617 legal cases relating to the Wakf Properties are pending in various courts. Cases related to Wakf institutions are conducted in a prolonged way. Many 18

cases are pending for more than 15 to 20 years. Thus the purpose of constituting Wakf Tribunals are defeated. To avoid this there should be a time limit of 6 months for suits related to the Wakf institutions and within such time limit, the cases should be tried and, orders passed on those cases, fast track Wakf courts has to be constituted for speedy trial and justice. 16. Based on the judgment of Supreme Court, the Madras High Court has annulled a Government Order issued by the State Government insisting in getting NOC from State Wakf Board’s before registering any Wakf Property. The Government of India should bring necessary legislation to restore the insistence of NOC by the registering authorities. The State Government have been addressed on this. 17. A Wakf known as Thable Alam Badusha Natharvali Dargah, Tiruchirpalli were acquired by the Government for the use of HAPP, BHEL, OFT and Bharathidasan University as detailed below:—

Sl. No. Area/Village Lands Taken Compensation Given Acre Cent Rs. Ps. 1. Navalpattu 3159 00 1590 32 2. Sooriyur 7687 00 5835 10 3. Peria Vaduvoor 72 71 279 88 4. Chinna Vaduvoor 16 83 230 91

TOTAL: 10935 54

18. Even this meager amount is not being paid regularly. 19. The entire village of Zamin Pallavaram was endowed to Hazarath Badruddin Shaheed. Dargah, Zamin Pallavaram, Chennai-43 which was acquired by the Government of Tamil Nadu and Tasdic allowance of Rs.772.07 is being paid to the Wakf as per section 68(1) of Madras State Abolition and Conversion into Ryotwari Act 1948. 20. To allocate 15% of funds for schemes to muslim minorities as envisaged in Hon’ble Prime Minister’s 15 Point Programme. The fund so allocated may be monitored by a State level committee consisting of State Wakf Boards, State Hajj Committee, State Minority Commission and Socially eminent personalities from the Muslim community. 21. Certain proportion of houses may be built as flats and group houses on the available Wakf lands under Rural Housing Schemes as per directive of Hon’ble Prime Minister of India, Under 15 Point Programme to the Muslim minorities. 22. “Any premises belonging to or vested in, a local authority or any Board constituted under any law comes under Public Premises according to Tamil Nadu Public Premises (Eviction of unauthorized occupants) Act, 1975 (Act of 1976). The Estate Officer appointed under Sec.3 of the said Act are empowered to evict the unauthorized occupants under the provisions of Sec. 4, 5, 6 and 8 of the Act. 23. To protect the Wakf properties from unauthorized occupants the similar power may be extended to the Chief Executive Officer, Tamil Nadu Wakf Board. By evicting the unauthorized occupants, the properties can be leased out to various persons through public auction thereby the income of the Wakf would be increased considerably. 19

24. To create local community study centers for there students, so that they can spend a few hours to concentrate in their studies. The Central Government may provide funds for putting up of the study centers on the available Wakf land can be best utilized for Reading Rooms which can be constructed on these lands for the use of the Muslims students. 25. Many Wakfs are having landed properties. For want of funds the lands are kept vacant for years together. This paves ways to encroachment. To avoid the encroachment from the kludges of strangers, these vacant lands can be used for providing Hostels for the use of the Muslim Girl Student, those who are under the poverty line coming from the Rural areas. 26. A comprehensive awareness campaign on Wakf matters to educate the public will help to protect the Wakf properties. The Government of India should allocate funds for causing publicity and awareness campaign through the State Wakf Boards. 27. An exclusive Wakf development corporation may be formed at the Central level with the corpus funds from the Central Government for the proposed development of Wakf Properties in all the States and render necessary assistance of the State Wakf Boards so as to optimize the potential of Wakf Properties. 28. The staff of the Tamil Nadu Wakf Board are entrusted with the administration of more than 6000 Wakfs. Apart from religious and charitable work, the staff are responsible, for implementing the Wakf Act, 1995 besides interacting with revenue authorities for getting pattas and land revenue records. Therefore, it is imperative that Wakf Board officers and staff are to be periodically trained to all these aspects for effective control and supervision of the Wakfs. A suitable training programme in premier training institute may be provided by evolving appropriate training module incorporating the above elements. Necessary funds may be earmarked for this by the Government. 29. In many rural Wakf, large chunk of agriculture lands are misused under the garb of Cultivating Tenants Protection Acts. The tenants are getting benefits by the provisions of Madras Cultivating Tenants Protection Act (TN Act 25 of 1955). As per provisions of these acts once a tenant always tenant till he is lawfully evicted through process by law. Further a tenant under a lease deed for one year and he continuous next year without any lease deed or lease agreement he cannot be evicted from the land and the said TN Act 25 of 55 comes to his rescue and protects him. 30. According to Wakf Act 1995 no lease for any cultivable land can be granted for more than one year by the trustee/Muttawalli of the Wakf and more than 3 years by Board. Even, though such restriction are there in the said acts if a person become tenant even for one year from then onwards possession cannot be taken from him without resorting law on the grounds of arrear of rent or causing waste like that. 31. Public Premises Act be applied to all States as has been done by Karnataka and Rajasthan State Wakf Boards and to notify the Chief Executive Officer as ‘Estate Officer’ to recover the properties under unauthorized occupation and encroached properties. 32. Formation of Wakf Development Corporation for the development of Wakfs in the State. 33. Some amendment is needed to lease beyond three years. 20

34. Fixing of maximum time for the conclusion of a case in a Tribunal. The case should not be dragged for more than 6 months. Tribunals should disposes the cases. 35. There are many restrictions in getting CWC loans. 36. Madrasas should also taught other subjects such as Science and Technology, History apart from reading . 37. A cooperative body with the support of Wakf Board should be formed and financed by Government of India so that the product produced by the Cooperatives can be marketed by Government organizations. 38. Urdu speaking corporation schools require patronage, because urdu belongs to everybody, it is not an Islamic language at all. A proposal can be prepared that the corporation Urdu schools should be strengthened. 39. One Inspector in isolated places; it is a diffIcult task for him to control the Muttawalli. Field staff should be strengthened. 40 Crores of rupees have been collected from the Dargahs as hundial income all over India. But nothing has been spent on welfare activities. To streamline the income from Mosques and Dargahs a scheme should be formulated according to that the income should be shared in the following ratio. 30% for Huqdars, 30% for Wakf maintenance and 40% for development activities. 21

OBSERVATIONS AND RECOMMENDATIONS

23. The Committee makes the following recommendations:—

23.1 Survey of Wakfs

22.1.1 The Committee is constrained to note that even though the Survey Commissioner was appointed in 1998, the survey has not yet been completed. The Government of Tamil Nadu submitted that survey of Wakf properties was in progress. The Committee also gathered information during its visit to the State that a large number of Wakf properties are still unidentified in the State.

23.1.2 The Committee strongly recommends that Survey of Wakf properties in the State should be completed as early as possible within a time-frame and unidentified Wakf properties may also be accounted for after conducting a thorough survey.

23.2 Registration of Wakfs

23.2.1 Chapter 5 of the Wakf Act makes it mandatory for every wakf to be registered with the Wakf Board. Registration of Wakf is very important provision and it goes a long way in establishing the authority of the Wakf Board over all wakf properties. It is, therefore, all the more essential that the Wakf Board makes all out efforts to see that all Wakfs are registered with it and all Wakfs be administered as per the provisions of the Wakf Act, 1995 so that whenever any dispute is encountered recourse to legal remedies be made. The Committee recommends that all unregistered wakfs should be registered on priority basis. Registration process may be kept going along with survey.

23.3 Mechanism for Removal of encroachments from Wakf Properties 23.3.1 The Committee found that a large number of wakf properties/wakf lands have been encroached upon by individuals. The Committee also visited certain wakf properties. The Committee feels that State Government may issue a circular to all the District Collectors, District Magistrates and Police Officers to help the Wakf Board, if required to remove encroachments. The Committee was also informed that representations made to the SDM/RDO for eviction of encroached wakf properties had not yielded any results in the absence of adequate help from the administrative authorities. The Committee recommends that State Government should assist the Tamil Nadu Wakf Board and instructions may also be issued to all District Level Officers, District Collectors/Magistrates and District Police Officers to help the Wakf Board by giving top priority for removal of encroachments.

23.3.2 The Committee was given to understand that 533 cases were pending before SDO/ RDO. The Committee recommends that all the cases of encroachments may be cleared at the earliest on priority basis.

23.4 Leasing of Wakf Properties

23.4.1 The Committee gathered information that in Tamil Nadu a large number of wakfs have been illegally leased out by the Mutawallis without getting the concurrence of the Wakf Board and also continue to renew the leases with or without documents. The Wakf Board could not take action

21 22 against those Mutawallis in the absence of representations to the Wakf Board in this regard. The Committee recommends that the practice of leasing of any Wakf property for a period exceeding three years by Mutawallis should not be allowed in any circumstances and if any such cases are found then Wakf Board and State Government should take stringent action against such Mutawallis. The Wakf Board should examine all the cases of leases and take necessary action wherever required.

23.5 Wakfs under direct management of the Wakf Board

23.5.1 The Committee is constrained to note that there are several Wakf Properties under the direct management of Wakf Board. The Committee recommends that Wakf Board should take appropriate and immediate action to appoint Mutawallis or Management Committee, as the case may be, to the Wakfs concerned whose assumption of direct management by the Board has exceeded for a period more than five years.

23.6 Regulations of the Board

22.6.1 Section 110 of the Wakf Act empowers the Board to frame Regulations for regulating its internal working. Although the Tamil Nadu Wakf Board was reconstituted in 1997 as per provisions of Wakf Act, 1995 the Regulations are still to be framed. The Committee recommends that Tamil Nadu Wakf Board should expedite making Regulations without any further delay.

23.7 Administration of Dargah as per the provisions of the Wakf Act, 1995

23.7.1 The Committee was informed that the Nagore Dargah is not being administered as per the provisions of the Wakf Act, 1995 which is against the spirit of the provisions of the Wakf Act, 1995 although this Dargah is a surveyed and notified Wakf bearing Gazette serial No. 187/TNJ. This Dargah is administered by a Court Scheme and Tamil Nadu Wakf Board has practically no control over the administration of the Nagore Dargah, even though the Wakf Act, 1995 enacted by Parliament makes it mandatory that all Wakfs would have to be under the control and supervision of the Board.

23.7.2 The Committee feels that more vigorous steps should be taken by State Government and the Tamil Nadu Wakf Board to monitor the implementation of the Wakf Act so that administration of Nagore Dargah may be brought into the purview of Wakf Board.

23.8 Development of Wakf Properties

23.8.1 The wakf properties are donated to the Almighty for religious, pious and charitable purposes. These objectives can be achieved only if the wakf properties are administered in a proper way and adequate income generated from them. The income from wakf properties can be generated increasingly and the objectives of wakf can be met if the wakf properties are developed into educational and commercial projects. For the development of wakf properties, the Central Wakf Council provides loan @ 6 per cent interest which can also be availed.

23.8.2 However, the Committee gathered information during its visit from Wakf Board officials, Social Workers and public that the procedure for getting loans from Central Wakf Council for development of Wakf properties is very complex. The Committee was also informed that if any Wakf is interested to take loans from Central Wakf Council it requires the guarantee from the Wakf Board. Therefore, the Committee would like to impress upon the Central Government that role of the Central Wakf Council be made effective and meaningful and also the procedure for granting loans for development of Wakf properties must be simplified. 23

23.8.3 The Committee feels that State Government of Tamil Nadu seriously consider setting up a corpus for purpose of setting up a Wakf Development Corporation for development of Wakf properties. The Committee, therefore, recommends adequate steps as required may be taken.

23.8.4 The Committee also recommends that all Wakf Board may identify all Wakf Properties as prime locations and prepare a plan for developing them into income generating properties as well as educational institutions.

23.9 Inam Abolition Act

23.9.1 The Committee feels that Inam Abolition Act has also put the Wakf properties to a great loss. It requires efforts from Government of Tamil Nadu to see whether it will be possible to retrieve such properties. The Committee feels that Wakf properties which are alienated due to Inam Abolition Act should be retrieved by the State Government.

23.10 Wakf lands as Poromboke in Revenue Records

23.10.1 The Wakf Board officials, people and other social workers informed the Committee during its visit that there are some wakf properties which have been entered into revenue records as Poromboke lands, although once upon a time, they were wakf properties. Due to neglect, they had been shown as Poromboke lands. In some such places Idd Namaz is being performed and they had the nomenclature of ‘Poromboke Idgahs’ and for some time the nomenclature was there but after lapse of some time, the word ‘Idgah’ was lost and it was just mentioned as Poromboke land. The Committee recommends that no Wakf land should be allowed to be converted into Poromboke land. If any Wakf land has been shown as poromboke land by mistake or negligence or due to passage of time, immediate action should be taken to retrieve such properties.

23.11 Declaration of Wakf Lands as Slum by the Slum Clearance Board

23.11.1 The Wakf Board Officials had informed the Committee that the Tamil Nadu Slum Clearance Board has declared several Wakf lands occupied by unauthorised encroachers as slums. without notice to the Tamil Nadu Wakf Board under the Tamil Nadu Slum Areas (Improvement and Clearance) Act. It was also decided that whenever the Slum Clearance Board takes the Wakf land suitable compensation would be paid to the Wakf Board and after construction of buildings on such lands, 25% of the buildings would be given to the minority community. The Committee recommends that the State Government should look into the matter more seriously and Slum Clearance Board may asked to allot 25% accommodation to the minority Community as per the undertaking agreed to by them. The State Government should also take immediate action for payment of compensation which is pending with them.

23.12 Wakf properties under the occupation of Government agencies

23.12.1 The Committee was given to understand that a large number of Wakf Properties are in the Possession of Government Agencies. The Committee desires that steps may be taken to release the so occupied properties to the Board. This will enable the Board to realize market rent and it will also result in improving the financial condition of the Board and enable it to undertake welfare activities. The Committee recommends that the State Government as well as the Central Government as the case may be may take steps on the lines suggested by the late Prime Minister Shrimati Indira Gandhi in her letter dated 26th March, 1976 to the Chief Minister of States, which are very practicable and feasible. 24

23.13 General

23.13.1 Several other suggestions have been made by the public in their interaction with the Committee which have been enumerated in the preceding paragraphs. All other suggestions/complaints which have not been dealt by the Committee separately may be looked into by the Central/State Government concerned and necessary action may be taken. 25

MINUTES 26 27

*XXV TWENTY FIFTH MEETING

The Committee met at 5.00 P.M. on Friday, the 28th March, 2008 in Main Committee Room, Parliament House Annexe, New Delhi PRESENT 1. Shri S.M. Laljan Basha — Chairman RAJYA SABHA 2. Shri Sk. Khabir Uddin Ahmed 3. Shri Kamal Akhtar 4. Shri S.P.M. Syed Khan 5. Shri Tariq Anwar LOK SABHA 6. Shri Anwar Hussain 7. Shri G. Nizamuddin 8. Shri Rashid J.M. Aaron 9. Shri Narayan Chandra Borkataky 10. Shri T.K. Hamza 11. Prof. K.M. Kadermohinddin SECRETARIAT Shri Shamsher Singh, Joint Secretary Shri P. P. K. Ramacharyulu, Director Shri B.C. Sharma, Joint Director Shri P. Narayanan, Deputy Director Shri S.B. Malkani, Committee Officer WITNESSES

All India Muslim Personal Law Board Shri Yusuf Hatim Muchchala, Sr. Advocate, High Court. Shri Sheikh Abdul Sattar, Secretary, All India Muslim Personal Law Board. Prof. Riyaz Umar, Treasurer, All India Muslim Personal Law Board. Maulana Syed Nizamuddin, General Secretary, All India Muslim Personal Law Board. Shri Jafer, Vice-President, Jamait-e-Islami. Shri Bahar-U-Barqi, Advocate, Supreme Court.

*Minutes of Ist - XIVth Meeting appended to 1st, 2nd, 3rd, 4th, 5th, 6th, 8th and 9th Reports of the Committee.

27 28

2. The Chairman, in the first instance informed the Members that the draft Sixth Report on Implementation of Wakf Act, 1995 in Karnataka and Working of Board of Wakfs, Karnataka, the Seventh Report on Implementation of Wakf Act, 1995 in Tamil Nadu and Working of Tamil Nadu Wakf Board, and Eighth Report on Implementation of Wakf Act, 1995 in Bihar and Working of Shia and Sunni Wakf Boards in Bihar were already circulated to the Members and requested them to consider and adopt the said reports. The Committee then considered and adopted the 6th, 7th and 8th Reports of the Committee.

3. The Chairman informed the Members of the Committee that representatives of All India Muslim Personal Law Board had requested to appear before the Committee to put forth their views on improving the working of the State Wakf Boards, Central Wakf Council and on the Wakf Act, 1995 and acceded to their request. The Chairman then welcome the Members of the All India Muslim Personal Law Board and sought their suggestions on:

(a) improving the functioning of the Wakf Boards and the Central Wakf Council;

(b) retrieving the Wakf properties encroached by the Government agencies; and

(c) any other issue related to Wakf. 4. The Committee heard the Members of the All India Muslim Personal Law Board on the whole gamut of issues pertaining to Wakf Members then sought some clarifications to which the Members of the All India Muslim Personal Law Board responded.

5. The witnesses then withdrew.

A verbatim record of the proceedings was kept.

6. The Committee then adjourned at 6.45 P.M. Printed at : Bengal Offset Works, 335, Khajoor Road, Karol Bagh, New Delhi-110005.