16. COMMITTEE SECTION (JPC on WAKF)

Transcription

1 16. COMMITTEE SECTION (JPC on WAKF) 16.1 Main Functions the Committee: The Committee Section (JPC on Wakf) provides Secretarial assistance to the Joint Parliamentary Committee on Wakf, which consists 30 Members both the Houses Parliament (10 from Rajya Sabha 20 from Lok Sabha). The Committee Section performs its functions in close coordination with the Ministry Minority Affairs helps the Committee in matters relating to the Wakf. The Committee is governed by the rules as contained in the Rules Procedure Conduct Business in the Council States relating to Select Committees Constitution the Committee: The Joint Parliamentary Committee on Wakf was constituted on the 2nd January, 2006, by the Chairman, Rajya Sabha in consultation with the Speaker, Lok Sabha with the following terms reference:- i) to ascertain the status implementation 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 the Wakf properties encroached upon; iii) to examine the functioning the Central Wakf Council suggest suitable measures for its effective functioning; iv) to look into the working the State Wakf Boards recommend suitable measures for their proper smooth functioning. The Committee was constituted for a term one year. As the Committee could not complete the work assigned to it within that period, the Committee sought extension one more year the Chairman, Rajya Sabha accordingly granted extension up to the 31st December, 2007 later up to the 31st March, 2008, 30th June, 2008, 31st December, 2008 again up to the end the term 14th Lok Sabha Meetings: The Committee held in all 14 meetings during the year. The details the meetings the Committee are as follows: - Date Main Items Agenda Evidence, If Any Taken Oral evidence on the working the State Wakf Boards Assam Karnataka implementation the Wakf Act, 1995 in those States. Additional Chief Secretary Joint Assam, Department Minorities Welfare Development. Time devote d Hrs. mts Department

2 Minorities Government Karnataka. Welfare, Oral evidence on the working State Wakf Board Uttarakh implementation the Wakf To consider the following reports:- (a) Implementation Wakf Act, 1995 in West Bengal working Board Wakfs, West Bengal. (b) Implementation Wakf Act, 1995 in Rajasthan working Rajasthan Board Muslim Wakf. (c) Amendments to the Wakf Act, (d) Implementation Wakf Act, 1995 in Assam working Assam Board Wakfs. (e) Implementation Wakf Act, 1995 in U.T. Chigarh working Chigarh Wakf Board To consider adopt the following reports:- (a) Implementation Wakf Act, 1995 in West Bengal working Board Wakfs, West Bengal. (b) Implementation Wakf Act, 1995 in Rajasthan working Rajasthan Board Muslim Wakfs. (c) Amendments to the Wakf Act, (d) Implementation Wakf Act, 1995 in Assam working Assam Board Wakfs. (e) Implementation Wakf Act, 1995 in U.T. Chigarh working Chigarh Wakf Board. Principal Department Social Welfare, Government Uttarakh representatives Uttarakh Wakf Board

3 Oral evidence on the working Shia Sunni Wakf Boards Bihar implementation Wakf Minority Welfare Department, Bihar Oral evidence the representatives All India Muslim Personal Law Board on improving the working the State Wakf Boards, Central Wakf Council on the Wakf Act, Shri Yusuf Hatim Muchchala, Senior Advocate, Mumbai High Court. Shri Shiekh Abdul Sattar, AIMPLB. Pr. Riyaz Umar, Treasurer, AIMPLB. Maulana Syed Nizamuddin, General ALMPLB. Shri Jafer, Vice President, Jamait-e-Islami. Shri Bahar-U-Barqi, Advocate, Supreme Court To decide the future programme the Committee Oral evidence Representatives Central Wakf Council representatives Ministry Minority Affairs on the functioning the Central Wakf Council Oral evidence on the working Haryana Wakf Board in the State Oral evidence on the working Delhi Wakf Board in the State Oral evidence on the working Maharashtra State Board Wakfs Punjab Wakf Board in those States. Nine Members Central Wakf Council, Secretary Central Wakf Council, Joint Secretary Deputy Secretary Ministry Minority Affairs. Special Home Department, Haryana Representative Haryana Wakf Board. DC Secretary (Revenue), NCT Delhi Representatives Delhi Wakf Board. Principal Department Minority Development,

4 Maharashtra Representatives Maharashtra Board Wakfs. State Oral evidence on the working the Gujarat State Wakf Board in the State. Oral evidence on the action taken by the Ministry Minority Affairs, India on the recommendations the Committee made in its Third Report particularly relating to Central Wakf Council. Principal Department Home Affairs Justice, Punjab Representatives Punjab Wakf Board. Legal Department, Gujarat representatives Gujarat State Wakf Board. Ministry Minority Affairs. Central Wakf Council other Officials the Ministry Oral evidence Charity Commissioner, Maharashtra regarding the Sale Property by Currimbhoy Ebrahim Khoja Orphanage Trust. Charity Commissioner, Government Maharashtra To consider adopt the draft Ninth Report the Committee To discuss the future programme the Committee Meetings the Chairman: The Chairman, Joint Parliamentary Committee on Wakf after being authorized by the Committee held discussions with the representatives State Governments Wakf Boards Bihar ( ), Assam ( ), Orissa Chhattisgarh ( ), Jharkh ( ), Madhya Pradesh Uttar Pradesh ( ), Karnataka ( ) Chigarh ( ) on the implementation the Wakf Act, 1995 the functioning Wakf Boards in the respective States Reports presented by the Committee: The following Reports were presented by the Committee to the Parliament during the year.

5 Sl. No. Title the Report 1. First Report Joint Parliamentary Wakf Act, 1995 in West Bengal working Board Wakfs, West Bengal. 2. Second Report Joint Parliamentary Wakf Act, 1995 in Rajasthan working Rajasthan Board Muslim Wakfs. 3. Third Report Joint Parliamentary Committee on Wakf on Amendments to the Wakf Act, Fourth Report Joint Parliamentary Wakf Act, 1995 in Assam working Assam Board Wakfs. 5. Fifth Report Joint Parliamentary Wakf Act, 1995 in U.T. Chigarh working Chigarh Wakf Board. 6. *Sixth Report Joint Parliamentary Wakf Act, 1995 in Karnataka working Karnataka State Board Wakfs. 7. *Seventh Report Joint Parliamentary Wakf Act, 1995 in Tamil Nadu working Tamil Nadu State Wakf Board. Presented to Rajya Sabha Laid in the Lok Sabha *Eighth Report Joint Parliamentary Wakf Act, 1995 in Bihar working Bihar State Sunni Shia Wakf Boards. 9. Ninth Report Joint Parliamentary Committee on Wakf. * Presented to Hon'ble Chairman, Rajya Sabha on 29th March, Conference on Recommendations contained in Ninth Report the Committee: The JPC on Wakf at its meeting held on 06/11/2008 decided to organize a one day seminar on 20/12/2008 to sensitise the stake holders in Wakf administration others about the implementation the recommendations made by the Committee in its Ninth Report which was presented to the Parliament on 23/10/2008. Accordingly, a one day conference was organized by the Chairman, JPC on Wakf on the said date. The Conference was inaugurated by the Chairman, Rajya Sabha valedictory address was delivered by the Speaker, Lok Sabha.. The Conference was attended by the

6 Union Minister for Minority Affairs, some State Minority Affairs/Wakf Ministers, some Members Parliament, Secretaries in-charge Wakf matters in the States, Chairman Chief Executive Officers (CEO's) the State Wakf Boards others Research Advisory Group to the Committee: The Chairman, JPC on Wakf with the permission Hon'ble Chairman, Rajya Sabha, constituted a Research Advisory Group on 23/06/2008. The mate the Group was to generate technical papers to the JPC on Wakf relating to the implementation the Wakf Act, The Chairman held two meetings with the Research Advisory Group Tours/Visits: The Committee undertook two study visits to different places. The Committee was accompanied by the ficers the Secretariat. The details the tours are as follows: Destinatio n Date Organizations Visited Purpose Hyderabad 7 th to 9 th July, 2008 State Andhra Pradesh Andhra Pradesh State Wakf Board. To examine the working the States Wakf Board implementation Wakf Cochin 3 rd to 6 th Novembe r, 2008 State Kerala Kerala State Wakf Board. To examine the working the States Wakf Board implementation Wakf In addition to the above said visits, the Committee also undertook two local visits to Delhi on 16/09/2008 Gurgaon & Faridabad on 29/09/2008 to make on-the-spot assessment encroachments Wakf properties Computerisation: The Section is fully computerized, has been provided four Personal Computers. All the work relating to drafting notices, minutes, reports, questionnaire, speech etc. was done on computers. The computers have been linked with LAN facility have been provided with Internet facility. This Section tried to make maximum use the facilities provided. Necessary training was imparted to the staff posted in this Section all them are computer savvy Inspection the Section: The annual inspection the Section, was held in February, Training: During the year under review, none the Officials the Section attended any training programme conducted by the Training Unit Goals & Achievement: On the basis its terms reference, the following goals were set out during the year under review: -

7 i) To ascertain the status implementation the Wakf Act, 1995 by various State Governments/UTs; ii) consideration the amendments to the Wakf Act, 1995; iii) to examine the functioning the Central Wakf Council; iv) to look into the working the State Wakf Boards. As regards serial no. (i), information about the status implementation the Wakf Act, 1995 by different State Governments/UTs was regularly procured from the Ministry Minority Affairs a statement was being regularly prepared on that basis to show where the provisions the Act were implemented where the implementation was lacking. As regards serial no. (ii), the Committee constituted a Sub-Committee to suggest amendments to the Wakf Act, 1995 on 8 th June, The Sub- Committee considered the Memorum prepared in this regard finalized its report on Amendments the same placed before the main Committee for adoption. The Committee adopted the Report on As regards serial no. (iii) the Committee held discussions with Members Central Wakf Council on Representatives All India Muslim Personal Law Board on As regards serial no. (iv), during the period, the Committee heard the oral evidence the ficials/representatives the State Assam, Karnataka, Uttarakh, Bihar, Haryana, Delhi, Maharashtra, Punjab Gujarat. The Committee presented its 9th Report on This is a comprehensive Report covering all aspects mentioned at (i) to (iv) above Miscellaneous:- Besides rendering secretarial assistance to the Committee in the discharge its functions, this Section also dealt with the following items: - i) Hling correspondence with the concerned Ministry State Governments/State Wakf Boards on matters taken up by the Committee; ii) Furnishing information on matters relating to the Committee to different Sections/Branches Rajya Sabha/Lok Sabha Secretariats the agencies outside; iii) iv) Processing refreshments bills; Booking Committee Rooms, liaison with the concerned Sections i.e. Interpreters, Reporters, Watch Ward, Electrical Sound during the meetings the Committee Budget: The tenure the Committee was extended initially for three months only by the Hon'ble Chairman. Hence, the Section did not project the financial requirements the Committee. The Section however maintained a register to note the expenditure.