1463 Wakf (Amendment) [ 4 AUG. 1966 ] Bill, 1965 1464 tion. You have just announced that three should be added up and then deductions and a half hours have been allotted for the made only for the purpose of revenue, consideration of the Reports of the cess, rates and taxes payable to the Gov- Commissioner for Scheduled Castes and ernment or any local aumority, in order to Scheduled Tribes. Even in the past we arrive at the annual net income of the find that one full day was allotted always wakfs. Some matters have gone up to for consideration of such report. some of the High Courts, particularly to the Kerala High Court, where Ibis MR. CHAIRMAN : That is one day. definition has been challenged. It has been held by the Division Bench that the SHRI B. K. GAIKWAD : But we are net income as defined under section 3(g) considering two reports. Of course there of the Wakf Act means cash value of the will be so many speakers. Particularly produce of the land so direcdy cultivated when I want to express my view, I hope I less costs incurred on the related will be allowed. agricultural operations. The Bom. bay Public Trust Act, which governs parts of MR. CHAIRMAN : You will have Maharashtra and Gujarat of the former ample opportunity to express your view. Bombay State, as well as other State The House stands adjourned till 2.30 Wakf Acts, require calculation of P.M. contribution on the gross income, as the word 'gross' is commonly understood. The House then adjourned for lunch at five minutes past In another writ petition pending in the one of the clock. Madras High Court, counting of offerings made to a wakf has been challenged as not forming part of its income. Anything given to a wakf either in kind The House reassembled after lunch at or cash is commonly treated as its half-past two of the clock, THE DEPUTY possession or property. As for example, CHAIRMAN in the Chair. in the Dargah Khwaja Saheb Act, 1955, governing the administration of the THE WAKF (AMENDMENT) Dargah Khwaja Saheb at Ajmer, all BILL 1965—contd. offerings are included in the income of the Dargah endowment. THE MINISTER OF IRRIGATION AND POWER (SHRI FAKHRUDDIN ALI AHMED) There are a number of wakfs which : Madam Deputy Chairman, just before have no other income but offerings— in the House rose yesterday, I was referring one case it comes from the sale of to the four amendments which are slaughtered goats' skins offered to the contemplated under the Bill before the Dargah concerned. House. Of these four, two are of a substantial nature and the other two are Therefore, what is proposed to be done consequential amendments which should in amending section 3(g) is nom-ing more be considered and incorporated after the than removing the lacuna and making first two amendments are accepted by the clear beyond doubt what has been already House. enacted. The amendment may accordingly be given retrospective effect One of these amendments deals with in order to protect contributions already the proposal to amend section 3(g) of the collected in contravention of the Kerala Wakf Act. Under Section 3(g) of the Division Bench judgment as well as those Wakf Act, the net income has been defind collected, counting all offerings as as 'the total income less any revenue, income, from having to be refunded. cess, rates and taxes payable to the Government or any local authority*. The This matter has been considered b the idea under this definition was that the Advisory Council set up under the Act gross income of the wakf from every itself and the Council has advised the source, including donations, gifts, subs- Government that this amendment is cription in cash or value if given in kind, necessary and should be incorporated as 1465 Wakf {Amendment) [ RAJYA SABHA] Bill, 1965 1466 [Shri Fakhruddin Ali Ahmed.] early as is true—to keep even within the intentions possible so that many of the things which of the wakif it is possible to make the are now not included in its income may necessary changes. Now the opnion of the also come within the purview of income ulemas of the Al Azhar University in for the purpose of management of the regard to these various items is that all wakfs. these are not very compulsory for the Then the other important amendment Mussalmans and they are changeable. is under section 7 and there our purpose They have given a certain opinion which is that such of those wakf as are having amounts to a decree. It has been according an income of Rs. 100 or less should be to the requirements of the present world. exempted from the levy of contribution Coming from such ulemas as a fatwa in so far as the survey is concerned respect of roza in wakfs and so many other things, it is not only respected but also As I have said, the other two amend- followed by people in several places. ments are consequential. I hope the Therefore, I am making the suggestion that Hou;e will accept the proposed amend- these properties and incomes should be ments. made use of for educating Muslims. Of course, it will be said that educational The question was proposed. institutions, schools and colleges are there for everybody. It is true. But unfortunately, SHRI ABID ALI (Maharashtra) : even at the risk of being misunderstood I Madam, so far as the proposed amend- may submit that because of a large number ments are concerned, of coure, I am of moneyed Muslims having gone away to certain that these will be supported by Pakistan and because of the abolition of hon. Members and accepted by the zamindari part'cularly in U.P. and Bihar, a House. As has been explained by the large number of Muslims are in the hon. Minister, these are necessary and position today which can be described as beneficial in the interests of the bene- worse than that of the backward classes. I ficieries of the wakfs concerned. How know my responsibility and being ever, taking the opportunity of this dis- conscious of (hat responsibility I am cussion, I would like humbly to give a making this statement, and I am prepared few suggestions and I hope that it would to prove it to the hilt that what I am be possible for the hon. Minister to ac- submitting is correct. cept some of these, not so far as the amendments are concerned, but so far as Again let me say even at the risk of the working and the "administration of being misunderstood, as yesterday my the various wakfs are concerned. friend Mr. Rajnarain wanted to know from me as to since when I am a Congressman. Firstly, I would request him to have an, I did not give him a reply yesterday. But assessment made of the wakf property all today I told him outside that his guru, Dr. over the country, an assessment of their Lohia, who is otherwise a very affectionate income and how these properties are used person, sad that his father was a volunteer and misused and also how the income is of Ab;d Ali. That means that Mr. utilised and, I may submit, as to how they Rajnarain's grandfather was my volunteer. are misused by some of the undesirable Of course I am not saying this. Dr. Lohia's elements who have been administering father was a colleague of ours. This is some of these wakfs. It may also be what Dr. Lohia said. necessary and should be possible for the hon. Minister to have, as I said, an SHRI CHITTA BASU (West Bengal): assessment made of the misuse of the funds. In that context, it may be possible On a point of order . to aoproach the High Courts in the SHRI ABID ALI: I am just making a respective States to seek the necessary passing reference. When I am making this changes in the wakf deed. It should not be suggestion I should not be misunderstood argued that the intention of the wakif, that as he misunderstood me yesterday. is the person who has established it or who was instrumen- | tal in establishing it, is to be honoured. It ! 1467 Wakf (Amendment) [ 4 AUG. 1966 ] Bill, 1965 1468 What I was submitting is tbat it has be- upheaval following the partition was taken come difficult for Muslims to get em- possession of by people who should have ployment in Government services. If an been nowhere near ttiese properties. They assessment is made of the licences given have no business to t>e there. Of course, for cycle stands in New Delhi during the people may be thinking that everything last 10-15 years, I should like to know has been forgotten about it. But these are how many went to Muslims. I am Wakf properties on which there are prepared to concede that nobody is anti- trespassers. Ihere may be legal difficulties Muslim. But the reason is this. Muslim because so many years have since passed officers went away to Pakistan and a and it may be necessary for the larger number of them could not be Government to have an amendment to the replaced. An officer always appoints Civil Procedure Code in order to take subordinates. And unfortunately in this appropriate steps for taking back these country a Punjabi will appoint a Punjabi, properties and making use of these, not for a Maharashtrian will appoint a giving it to Muslims directly but my Maharashtrian, an Iyer will appoint an request is that these properties and the Iyer and a Nafr will appoint a Nair.