TWENTIETH REPORT STANDING COMMITTEE ON SOCIAL JUSTICE AND EMPOWERMENT (2014-2015) (SIXTEENTH LOK SABHA) MINISTRY OF MINORITY AFFAIRS THE WAQF PROPERTIES (EVICTION OF UNAUTHORISED OCCUPANTS) BILL, 2014 Presented to Lok Sabha on 12.8.2015 Laid in Rajya Sabha on 12.8.2015 LOK SABHA SECRETARIAT NEW DELHI August, 2015/Shravana, 1937 (Saka) CSJE No. 107 Price : R 223.00 © 2015 BY LOK SABHA SECRETARIAT Published under Rule 382 of the Rules of Procedure and Conduct of Business in Lok Sabha (Fifteenth Edition) and printed by Jainco Art India, New Delhi-110 005. CONTENTS PAGE COMPOSITION OF THE COMMITTEE ............................................. (iii) PREFACE ...................................................................... (v) REPORT CHAPTER I Concept, meaning and origin of waqf and waqf legislations ................................................ 1 CHAPTER II Amendments proposed in the Bill ................... 7 CHAPTER III Analysis of the clauses of the Bill, observations and recommendations .................................. 13 CHAPTER IV Miscellaneous ............................................. 41 ANNEXURES I. The Waqf Properties (Eviction of Unauthorised Occupants) Bill, 2014 ......................................................... 44 II. The Waqf Act, 1995 ............................................ 64 III. The Waqf (Amendment) Act, 2013 .......................... 134 IV. The Waqf Properties Lease Rules, 2014 ................... 148 V. Minutes of the Fourth sitting of the Standing Committee on Social Justice and Empowerment held on 28.10.2014 ....................................................... 159 VI. Minutes of the Fifth sitting of the Standing Committee on Social Justice and Empowerment held on 7.11.2014 ......................................................... 162 VII. Minutes of the Twenty-fifth sitting of the Standing Committee on Social Justice and Empowerment held on 6.7.2015 .......................................................... 166 VIII. Minutes of the Twenty-seventh sitting of the Standing Committee on Social Justice and Empowerment held on 10.8.2015 ......................................................... 169 (i) COMPOSITION OF THE STANDING COMMITTEE ON SOCIAL JUSTICE AND EMPOWERMENT (2014-2015) Shri Ramesh Bais — Chairperson MEMBERS Lok Sabha 2. Shri Jasvantsinh Sumanbhai Bhabhor 3. Kunwar Bharatendra 4. Shri Santokh Singh Chaudhary *5. Shri Sher Singh Ghubaya 6. Shri Jhina Hikaka 7. Shri Prakash Babanna Hukkeri 8. Shri Bhagwant Khuba 9. Shri Sadashiv Lokhande 10. Smt. Maragatham K. 11. Shri Kariya Munda 12. Prof. A.S.R. Naik 13. Shri Asaduddin Owaisi 14. Sadhvi Savitri Bai Phule 15. Dr. Udit Raj 16. Smt. Satabdi Roy 17. Prof. Sadhu Singh 18. Smt. Neelam Sonkar *19. Smt. Mamta Thakur #20. Shri Tejpratap Singh Yadav **21. Vacant Rajya Sabha 22. Smt. Jharna Das Baidya ##23. Dr. Tazeen Fatma # Nominated w.e.f. 22.12.2014. ## Nominated w.e.f. 29.1.2015. * Nominated w.e.f. 25.3.2015. ** Shri Dilip Singh Bhuria expired on 24.6.2015. (iii) 24. Shri Ahamed Hassan 25. Smt. Sarojini Hembram 26. Shri Prabhat Jha 27. Smt. Mohsina Kidwai 28. Shri Praveen Rashtrapal 29. Shri Nand Kumar Sai 30. Smt. Vijila Sathyananth 31. Smt. Wansuk Syiem SECRETARIAT 1. Shri Ashok Kumar Singh — Additional Secretary 2. Shri Ashok Sajwan — Director 3. Shri Kushal Sarkar — Additional Director 4. Smt. Shashi Bisht — Executive Assistant (iv) PREFACE I, the Chairperson of the Department-related Parliamentary Standing Committee on Social Justice and Empowerment (2014-15) having been authorized by the Committee to present the Report on its behalf, do present this Twentieth Report of the Committee on “The Waqf Properties (Eviction of Unauthorised Occupants) Bill, 2014”. 2. The Waqf Properties (Eviction of Unauthorised Occupants) Bill, 2014 was introduced in Rajya Sabha on 18.2.2014 and was referred to the Standing Committee on Social Justice and Empowerment on 5.3.2014 for examination and Report. The examination and Report on the Bill, however, could not be completed due to announcement of General Elections, 2014 and subsequently the dissolution of 15th Lok Sabha. The Bill was again re-referred to the Committee by the Hon’ble Speaker, Lok Sabha on 16.9.2014 under Rule 331E(b) of the Rules of Procedure and Conduct of Business in Lok Sabha for examination and Report within the period of three months (i.e. by 16th December, 2014). 3. As the examination of the Bill could not be completed by 16th December, 2014, the Committee sought extension of time for presentation of the Report on the Bill upto end of the Budget Session of Parliament (i.e. May, 2015). 4. The Committee further wanted to hear the views of some more stakeholders and State Waqf Boards for detailed examination of the Bill during their study visits to Mumbai, Kolkata and Hyderabad in June, 2015. The Committee again sought extension of time for presentation of the Report on the Bill by the end of the Monsoon Session (July–August, 2015) of Parliament. 5. The Committee held four sittings during the course of examination of the Bill, i.e., on 28.10.2014, 7.11.2014, 6.7.2015 and 10.08.2015. 6. The Committee considered the draft Report and adopted the same on 10.08.2015. 7. The Committee broadly relied on the following documents in finalizing the Report:— (i) The Waqf Properties (Eviction of Unauthorised Occupants) Bill, 2014. (v) (ii) Background Notes and reasons for formulation and introduction of the Bill as received from the Ministry of Minority Affairs. (iii) Briefing by the Ministry of Minority Affairs, Ministry of Urban Development and Ministry of Law and Justice (Legislative Department). (iv) Views/suggestions and written replies received from the Waqfs Tenants Welfare Association, Delhi, Delhi Waqf Board and other State Waqf Boards. 8. The Committee also undertook on-the-spot study visits to Bengaluru, Chennai and Panaji in January, 2015 and Mumbai, Kolkata and Hyderabad in June, 2015 and interacted with representatives of the respective State Governments and State Waqf Boards of Karnataka, Maharashtra, West Bengal, and Andhra Pradesh. 9. On behalf of the Committee, I would like to acknowledge with thanks the contributions made by not only those who deposed before the Committee but also those who gave their valuable suggestions to the Committee through written submissions. The Committee have immensely benefitted by their inputs. 10. For facility of reference and convenience, the observations and recommendations of the Committee have been printed in bold letters in the body of the Report. NEW DELHI; RAMESH BAIS, 10 August, 2015 Chairperson, 18 Shravana, 1937 (Saka) Standing Committee on Social Justice and Empowerment. (vi) REPORT CHAPTER I CONCEPT, MEANING AND ORIGIN OF WAQF AND WAQF LEGISLATIONS Introduction 1.1 The concept of waqf is rooted in Quranic injunctions and the Sunna of Prophet Mohammed dealing with charity. Islam’s followers borrowed this concept of charity to set up the institution of waqf. It forms an important branch of Muslim Law for it is interwoven with the religious life and social economy of Muslims. Literally, waqf means endowment of moveable or immovable property by Muslims for the welfare of the poor and the needy and for maintaining properties dedicated to mosques, tombs, orphanages, shrines, imambaras and the like. The waqif (settler), in his deed, appoints a mutawalli (manager or caretaker) for the administration of the waqf. Waqf endowments can be made in any form as enshrined in Qazis Act II of 1864, the Waqf Act, 1995 as amended by the Waqf (Amendment) 2013 and Durgah Khawaja Saheb Act, 1995, Central Waqf Act of 1954, Waqf Amendment Act of 1959, UP Muslim Act of 1960 to name a few. 1.2 The Central Waqf Council is constituted by the Central Government under Section 9 of the Waqf Act, 1995 (Annexure-II), which has twenty members from a cross section of eminent persons. Despite such a wide representative structure in place, the properties of most of Waqfs in the country are mismanaged and misappropriated. The decisions of the State Waqf Boards are often challenged and several cases are pending either in Waqf Tribunals or in other Courts. As a result, Mansha- e-Wakif is getting totally ignored and encroachers, which include squatters, private businessmen and vested interests are holding the possession of the waqf properties. Even State and Central Government organizations and institutions are holding possession of many of the waqf properties. In this dismal scenario, a large number of registered Waqfs which were meant to uplift the poor and needy Muslims have not achieved their purpose for which they were created. 1.3 The Constitution of India has recognized the institution of ‘Waqf’ as a concept covering ‘Trusts and Trustees’ and ‘Charities and charitable institutions, charitable and religious endowments and religious institutions’ which is incorporated in entries no. 7 and 28, respectively of List III (Concurrent List) of the Seventh Schedule to the Constitution. Thus, both the Central and State Governments may make laws relating to Waqf. 1.4 Despite having statutory provision in the Waqf Act, 1995 for compulsory registration of Waqfs, the exact number of Waqfs in the country is still not available. On the basis of several surveys and registration of Waqfs, it is estimated that there are more than 4.9 lakh registered Waqfs spread over different States and Union Territories. Large concentration of the waqf properties is found in Uttar Pradesh followed by West Bengal. Other States with a sizeable number of Waqf are Kerala, Karnataka, Telangana