MINISTER OF MINORITY AFFAIRS
(SHRI MUKHTAR ABBAS NAQVI)
(a): As per provisions of Section 32 of the Waqf Act 1995 as amended, general superintendence of all auqaf in a State is vested with the State Waqf Board (SWB) and the Waqf Board is empowered to manage the waqf property and take legal action against unauthorized occupation and encroachment of such properties. Further, as per Section 54 and 55 of the Waqf Act, SWB may take action for the removal of encroachment from the encroacher. As per the available information with Central Waqf Council (CWC) received from various State Waqf Boards, State wise position of number of Waqf Properties facing encroachment is given at Annexure.
(b): Major provisions added in the amended Waqf Act 1995 giving more power to State/UT Waqf Boards to deal with encroachment on waqf properties inter alia include stringent definition of “encroacher”; mandate to State Governments to appoint Survey Commissioners and complete the survey of waqf properties in a time bound manner; rigorous imprisonment for alienation of waqf properties without prior approval of the State/UT Waqf Boards; alienation of waqf property to be cognizable and non-bailable offence; three member Tribunals with extended jurisdiction to deal with disputes concerning eviction of a tenant. Central Government monitors compliance of various provisions of Waqf Act by State Governments/ State Waqf Boards from time to time.
Under QaumiWaqf Board Taraqqiati Scheme (QWBTS), various new provisions have been added where financial assistance is provided to SWBs for GIS Mapping of WaqfProperties, setting up of Video Conferencing Facility, maintenance of Centralized Computing Facility (CCF) and ERP Solution for better administration of SWBs.
The Central Waqf Council under the Ministry has taken the initiative of Geo-tagging of Waqf Properties and the progress in this regard is as under:-
Sl.No Institute engaged for GIS/GPS Mapping of Waqf properties
State Waqf Boards (SWBs) covered so far
1 IIT- Roorkee Three
2 AMU, Aligarh Six
Under National WAMSI Project (Waqf management System of India), an online system of registration, as on date, 5,81,799immovable Waqf properties have been registered online and2,81,967 records of Waqf Properties have been digitized.
(c): As per information received from Central Waqf Council, the annual income from statutory contribution collected by SWBs under section 72 of the Waqf Act, 1995 as amended for the Financial Year 2016-17 & 2017-18 are Rs.3,063.91 lakh & Rs.3,622.72 lakh respectively.Further, Ministry does not maintain the information of the Schemes being run by the State/UT Waqf Boards in the country.
(d): Yes, Sir. Government of India has incorporated National Waqf Development Corporation Limited (NAWADCO) under Companies Act, 1956 on 31st Dec, 2013 with the objective of developing the waqf properties for enhancing their income, which can be utilized for socio-economic development of the community.
(e) and (f): The Waqf properties are not owned by the Central or State Government or any individual. In many cases, there is a custodian/ Mutawalli/Waqf Institution who manages the property and the entire Waqf affairs are governed by the Waqf Act, 1995 as amended in 2013 with Rules made therein.NAWADCO has identified properties across India which could be considered for development of these properties.Based on preparedness of the state agencies/waqf institutions, feasibility study/evaluation of 10 properties in the state of Andhra Pradesh, Bihar, Haryana and Rajasthan has been done through an expert in Real Estate (the technical and financial). After evaluation of properties found feasible for development the matter is sent to State Government for permission and then these are taken up for development by way of engaging suitable Developer/ Concessionaire.
******
Download PDF Files
