SCHEME for STRENGTHENING of STATE WAQF BOARDS (Xiith FIVE YEAR PLAN PERIOD)
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SCHEME FOR STRENGTHENING OF STATE WAQF BOARDS (XIIth FIVE YEAR PLAN PERIOD) GOVERNMENT OF INDIA MINISTRY OF MINORITY AFFAIRS pg. 1 Scheme for "Strengthening of State Waqf Boards" during 2013-17 1. Background 1.1 The JPC in its Ninth Report had recommended that the State Waqf Boards should be given central financial assistance as the present level of assistance provided by the State Governments is not only inadequate but also uneven. 1.2 Under the provisions contained in Section 13(1) of the Waqf Act, 1995, the State Governments have established State Waqf Boards for the purpose of due administration of the auqaf in the States. Under Section 72 of the Waqf Act 1995, the mutawalli of every waqf, whose net annual income is not less than Rs.5000/- pay annually such contributions, not exceeding 7% of such annual income as may be prescribed to the State Waqf Board. In addition to this, some of the State Governments also provide assistance through grants-in-aid to the Waqf Boards. A statement indicating income generated by the State Waqf Boards, grants-in -aid received from State Governments and expenditure incurred is given in Appendix I. 1.3 An analysis of trends of income and expenditure of the various Waqf Boards reveals that there is no uniformity in the pattern of assistance given by the various State Governments. In some cases like Bihar Sunni Waqf Board, Kerala Waqf Board, Puducherry Waqf Board etc., there is substantial grants-in- aid assistance from the respective State Governments resulting in surplus, whereas in a case like that of the Andhra Pradesh Waqf Board, the expenditure is greater than the income and grants-in-aid taken together, which results in arrears of payments of salary and, therefore, has adverse effects on the functioning of the Board. 1.4 The following issues clearly emerge from the above trends:- a) Where there is a shortfall in income over expenditure of the State Waqf Boards, assistance through grants-in-aid will have to be provided till the State Waqf Boards improve its income generation and become surplus and self- sufficient. This basically, is the responsibility of the concerned State Government. However, since many States have been lacking in their efforts in this direction, supplementary efforts may be put in by the Central Government. b) Selective Central assistance only to such State Waqf Boards where there is excess of expenditure over income could not only be construed as discriminatory, but could also mean that the Boards, which are efficient, are deprived of Central assistance, which they could have utilized for developmental activities. Therefore, the assistance may be provided to all the State Waqf Boards. pg. 2 cii`2,L\ 1.5 The Joint Parliamentary Committee (JPC) on Waqf had visited various States to evaluate the functioning of the State Waqf Boards. The general impression of the JPC has been that the State Waqf Boards have not been functioning very efficiently. Even the preliminary survey of Waqf properties has not been done in many States and there is large-scale encroachment of valuable waqf lands. One of the main reasons for ineffectiveness of the Boards is their lack of resources and institutional capacity. While some States have been providing assistance, this has not been the case with the remaining States. Consequently, the administration, management and development of waqf properties is very poor and very substantial income that the waqf properties could have generated for the welfare of the muslim community is lost because of non-development and large scale encroachment of waqf properties. The Sachar Committee had estimated that the waqf properties in the country are capable of generating annual income of around Rs. 12000 crores. There is, therefore, a strong case for strengthening of the infrastructure and institutional capacity of the State Waqf Boards so that they can effectively administer and manage the waqf properties for the benefit of the muslim community. 2. Objective 2.1 The JPC in its Ninth Report had recommended that the State Waqf Boards should be given central financial assistance as the present level of assistance provided by the State Governments is not only inadequate but also uneven. The primary responsibility of administration of auqaf vests with the State Governments. The assistance to the State Governments for strengthening their Waqf Boards should result in a more transparent and accountable administration and management of their waqf properties and allow improvement in income generation and attaining self-sufficiency. Further, such funds should be provided subject to certain conditions that will ensure that the functioning and institutional capacity of the State Waqf Boards improve their income generation and become self-sufficient. Improvement in their capabilities will facilitate enhancement in their income that will reduce, and over the period of time, eliminate their dependence on outside financial support. 2.2 Preparing project reports for development of Waqf properties. 3. Scope, Eligibility & Finance 3.1 The scheme of Strengthening of the State Waqf Boards is a Central Sector Scheme and will be funded by the Central Government. The scheme would consist of three components. Under Component - I, funds would be provided to State Waqf Boards for meeting the training and administrative costs of their establishments. Under Component II, funds would be provided in connection with removal of encroachment from waqf properties and GIS of Waqf properties in the State/ UT Waqf Boards. The Boards would prepare project reports for development of Waqf properties. Under Component - III, funds would be provided for strengthening of zonal/regional level offices keeping in view the number of districts as well as the number of waqf properties in the State. pg. 3 3.2 The grants-in-aid would be provided to State Waqf Boards who fulfill the following conditions: a) Have a legally constituted Waqf Board; b) Have a full-time CEO; c) Ensure to have Rules and Regulations framed and approved by the State Government especially in matters relating to recruitment, pay and allowances, retirement benefits, medical attendance etc. for the staff and officers of the State Waqf Board. These provisions and benefits should not exceed those available to the similarly placed employees of the State Government. d) Ensure up-to-date conduct of audit of the accounts of the Board by auditor(s) appointed under authority; e) Ensure up-to-date audit of the accounts of mutawallis by auditors appointed under authority; f)Have a time-bound plan drawn up and approved, to ensure that survey of all waqf properties and registration of the properties so surveyed with the land revenue or local authorities are completed; g) Up-date information to track and show all action taken to recover alienated, encroached or unauthorisedly occupied waqf properties; h) Send periodical reports of action taken at (g) above to the Central Government, Central Wakf Council and to the National Waqf Development Corporation Ltd.(NAWADCO); and i) Ensure timely completion of the scheme "Computerization of Records of State Waqf Boards". 3.3 To ensure that items (c) to (i) above are met, there is a felt-need that the cost of the establishments of the State Waqf Boards needs to be partly provided by the Central Government. Each State Waqf Board will require a strong legal, accounting, administrative and enforcement wing. Existing personnels in the Boards should be sent for orientation/training courses to help them acquaint themselves with the latest developments in their areas of work especially in relation to the Waqf Act, 1995. 4. Structure of the Proposed Scheme 4.1 Component-I 4.1.1 Under Component-I, the total support from the Government to each of the 20 Boards with sizeable number of waqf properties will be Rs.14.96 Lakh per year which will include Training Cost of Rs.1.00 lakh annually. For 10 smaller State Waqf Boards, with less number of waqf properties, this assistance would come out to be Rs.7.98 Lakh per year including training cost of Rs.75,000 per year. Under this Component, Legal Assistant @ Rs.27,000/- each p.m. 'and Accountant @ Rs.27,000/- each p.m., have been fixed to be provided to the SWBs to supplement their strength. The remuneration to be paid to each pg. 4 person would be enhanced by 5% every year to mitigate inflation. The basis of remuneration to be paid to these staff for the various Waqf Boards is given at Annexure-I. Further, an amount of Rs.1,00,000/- each for big SWBs and Rs.75,000/- each for small SWBs have been proposed to be provided annually for stationery/ consumables. Besides, each State/UT Waqf Board will be provided a one time grant of Rs.100,000/- for purchasing of Accounts software viz. Tally and expenditure incurred in giving training in its usage etc. This in turn would strengthen the Accounts section of the State Waqf Boards. The total outgo under Component I for the 12th Plan period is estimated to be of the order of Rs. 1225.00 lakh, as detailed at Annexure-II. 4.2 Component - II 4.2.1 The Waqf Act, 1995 has been amended and the Waqf (Amendment) Act, 2013 has been implemented w.e.f. 1st November, 2013. Section 54 of the Waqf Act has provision for removal of encroachment from the waqf properties. The Chief Executive Officer of the Waqf Board has been empowered in removing encroachment from waqf properties by applying to the Waqf Tribunal for grant of order of eviction from the waqf properties. The State government is responsible for enforcement of order made under Section 54. After removal of the encroachment, the Chief Executive Officer would dispose of the property left on the waqf properties by unauthorized occupants.