*Action likely against VC for further non-compliance
Mohinder Verma
JAMMU, Feb 25: J&K Wakf Board, whose functioning has come under clouds many a times following surfacing of scandals, is still not interested in bringing transparency and accountability and rather wants to continue ‘operation concealment’.
This can be gauged from the observations made by the Jammu and Kashmir State Information Commission in a communiqué addressed to the Vice-Chairman of the Board, M Y Qadri.
The Commission, while taking serious note of lack of transparency and accountability in the functioning of Wakf Board, has conveyed that it is contemplating to take action against the Board under the provisions of J&K Right to Information Act for its continued failure to ensure voluntary disclosure of information.
The State Information Commission in its Letter No.SIC/J/15/2009-II-50018 dated July 10, 2012 had directed J&K Wakf Board’s Vice-Chairman to comply with Section 4(1)(b) of J&K State RTI Act, 2009 for being public authority of J&K Muslim Specified Wakfs and Specified Wakf Properties.
This letter was dashed to the Board after the Information Commission came to know that the Board had not discharged its duties listed under Section 4 of the RTI Act up to July 2012.
The provisions of Section 4 make it incumbent on all the public authorities to make voluntary disclosure of information held by them in addition to information to be disclosed on specified points mentioned under this Section. This disclosure was to be made within 120 days of the enactment of the RTI Act, 2009.
The Wakf Board was required to upload information on its official website within one month of the receipt of the Commission’s letter but till date the Board, which is the custodian of funds and properties of Muslims of the State, has not made compliance with Section 4.
Expressing anguish over this, the Commission through Registrar G Q Bhat has dashed latest communiqué dated February 23 to the Vice-Chairman of the Board mentioning that it (Board) has substantially failed to be transparent in terms of receipts and expenditure as directed earlier.
Referring to the Order No.233-CM of 2012 dated October 25, 2012 issued by the office of the Chief Minister, who happens to be the Chairman of the Board, the Commission said, “vide this order a three member probe panel was constituted to look into the affairs of the Board particularly for conducting a detailed administrative and financial audit of the J&K Muslim Specified Wakfs and Specified Wakf Properties within a period of three months and report was to be submitted to the Chairman”.
The report of the probe panel had to be uploaded on the official website of the Board as it is a public document but the Commission has not found anything of the sought of information, the Registrar has mentioned in the communiqué.
It is pertinent to mention here that the probe panel had to identify Wakf properties, which have been allegedly and unauthorizedly sublet; measures to be taken by the Wakf Board to prevent subletting in future and restoration of these properties.
Similarly, the probe panel had to identify properties, which have been shown under the ownership of the Board in the revenue records; identify fictitious sale and allotment of Wakf properties; reasons for not fixing the revised rent as per the market rates of the property leased to the tenants; reasons for delay in completing the constructions of Khanqah at Charar-e-Sharief by JKPCC and cost escalation of the project from Rs 5 crore to Rs 12 crore.
Taking serious note of the reluctance of the Wakf Board to ensure transparency and accountability, the Commission has directed its Vice-Chairman to disclose on its website information about number of properties owned and maintained by it, details of donations in cash or kind as per balance list, rent receipts realized from 2009-10 till date, sale of properties—moveable and immovable from 2009-10 onwards, details of premium received against the properties given on lease or rent from 2009-10 till date and whether accounts have been audited by a qualified Chartered Accountant.
Moreover, the Commission has directed for uploading information vis-à-vis employees engaged during the last 10 years and whether these posts were advertized; details of free-hold properties, bank accounts, loans given along with the names of recipients and details of any grants given to any university or public institution like charitable trusts etc.
“The Commission wants to know the reasons for continued failure before initiating any further action under the Act”, the communiqué said with the direction to the Vice-Chairman to attend the Commission either in person or through an authorized representative on March 3, 2015 to explain the reasons as to why compliance of Section 4(1)(b) of the J&K Right to Information Act has not been made within the time as prescribed under the Act.
Follow our WhatsApp channel