Unlawful occupation of Waqf properties as well as promotion of such encroachments could lead to imprisonment of up to three years and a fine of up to Rs one lakh if the recommendation of a Parliamentary panel is accepted.
In its report on the Waqf Properties (Eviction of Unauthorised Occupants) Bill, 2014, the panel also recommended that words such as 'institutions, public or private' be added in the bill as large number of Waqf properties in the country are under unauthorised occupations by several public and private organisations also.
The report of Parliamentary Standing Committee on Social Justice and Empowerment, which examined the bill introduced in Rajya Sabha in February 2014, was tabled in Parliament today.
The bill seeks to ensure removal of encroachment from Waqf lands and utilising the income generated from these properties for the benefit of the down trodden and empowering the state Waqf boards in removal of encroachments.
Making a wide range of suggestions to give more teeth to the bill, the Committee underlined that unless basic issues such as management activities of Waqf boards transparency and check in their functioning needs are addressed, encroachments and unauthorised occupations cannot be removed.
While the bill proposes a simple imprisonment of up to six months and a fine of up to five thousand on unlawful occupation, the Committee suggested reframing the section to make the punishment more stringent.
"If any person unlawfully occupies any Waqf property and any other person who subscribes and promotes the cause of the encroacher shall be punishable with rigorous imprisonment of a term which may extend up to three years or with a fine which may extend to one lakh rupee or both," it recommended.
Significantly, it suggested that all those tenants, especially of Delhi Waqf board, who have never defaulted in paying rent to boards and are legitimate tenants for the past so many years may not be considered as encroacher.
Further, "all these tenants may be offered first opportunity to renew or extend their existing lease agreement keeping in view that all these years they have faithfully followed the directions of the board and also abide by its decisions besides maintaining these Waqf properties," it added.
