Waqf (Amendment) Bill, 2010CONCERNS & DEMANDS

Dr Syed Zafar Mahmood President, Zakat Foundation of India

www.zakatindia.org

It is high time to work diligentlyfor ensuring the desired

amendments in the Waqf Bill, 2010

Rajya Sabha Select Committee on Waqfshas submitted its Report on 17 Dec 2011

It has made many good suggestionsbut, still it is based on numerous omissions

ZFI has tried to go deep into the matter

We have found that the vital omissions are based on the comments given by the

officials of the Ministries of Law and Minorities Affairs.

Also, some Members of the Select Committee did not get time to properly study and research

into the issues and thus did not systematically rebut the official objections

We must agitate and take up the matter with the

UPA Chairperson, Prime Minister,Janab Rahul Gandhi

and Leaders of all Political Partiesin Parliament

Sachar Com & JPC Required provision in the

Waqf Bill The State Government

shall not issue any direction that violates any provision of the Waqf Act

Prevent undue

bureaucratic intervention

in Waqf work

Prevent undue

bureaucratic intervention

in Waqf work

JPC

Section 4 (1)

JPC recommended: “ The state government shall

by notification in the official gazette ….”

MoMA overruled the JPC

Bill says: “The state government may by notification in the official gazette ….”

CompulsorySurvey of

Waqf properties

Waqf Surveys

Include cases since 1947: JPC

Over-ruled by MoMA

JPC Waqf Survey Commissioner’s

Notification shall be treated

as ‘Deemed Mutation’ for

REVENUE RECORD

DETERMINATION OF TITLE

Every Minister is Over-worked

Central Waqf Council:Minister is ex-officio President

Sachar Committee: Let the CWC President be another eminent person

SaSa

For the post ofSecretary, Central Waqf Council

Waqf Act 1995does not provide any

Qualification or

his official level in the Government

SECRETARY, OFFICERS OF THE CENTRAL WAQF GOVT OF INDIACOUNCIL

Sachar Committee recommended:

The level of

Secretary, CWCshould atleast be Joint Secretary to the Government of India

The Waqf Bill 2010 ignores this vital recommendation.

It needs to be incorporated in the Bill

Constitution of State Wakf Boards

For representatives of MPs, MLAs, Lawyers, Mutawallis

“Electoral College”has not been defined.

CEO of State Waqf Board must rank with senior officers of state government.

But, mostly Waqf Board’s CEOs are retired or low level officials or teachers. FOUND OUT BY ZFI IN 2011, UNDER RTI ACT: CEOs are: Veterinary Doctor, Naib-Tahsildar, BDO, Junior Employment Officer, Survey Inspector, Primary Teacher

CEOState Waqf Board

Interaction with Officers of different Departments,Mutawallis,Removing Encroachments,Leasing / MonitoringWaqf Properties,,Court CasesTribunal

Usually, Muslim officers are not available to be posted as CEO of Waqf Boards because

in 2.5 %

As per Sachar Committee,there are not more than 2.5 % Muslims in the higher Bureaucracy

Sachar Committee:

Create

Indian Waqf Service

Vital Sachar Recommendation is going by default

because of Government’s lack of action

INDIAN WAKF SERVICE HAS NOT BEEN CREATED

ZFI’s finding under RTI Act

A junior officer wrote on the file:

“THIS IS NOT FEASIBLE”Right up to the Prime Minister,

Nobody above him asked:

Why ?

IN THE FILES OF THE MINISTRY OF MINORITY AFFAIRS

THIS IS THE REMARK REGARDING SACHAR COMMITTEE’S RECOMMENDATION TO CREATE A SEPARATE CADRE TO MANAGE

WAQFS.

MINISTRY HAS NO RECORD THAT BEFORE IT WAS PRESENTED TO THE CABINET WHAT DISCUSSION TOOK PLACE ON THIS TOPIC, IF

ANY, AND WHY THE REJECTION OF THIS VITAL RECOMMENDATION WAS RECOMMENDED TO BE REJECTED.

Cabinet Note

Copy obtained by ZFI under RTI Act 

DOES NOT GIVE ANY REASON

 

FOR NOT ACCEPTING THE CREATION OF

 

INDIAN WAQF SERVICE

Waqf Boards’ work is still suffering

Government must withdraw its rejection of this vital Sachar

recommendation.Government must createINDIAN WAKF SERVICE

For training of officers & staff,establish

National Waqf Academy

JPC :

Establish (a) National Waqf Properties Development Board

(b) National Board for Promotion of Education among Muslims (c) National Waqf Development Council with a revolving fund of Rs 500 crore.

Sachar Committee:

Enhance Lease Periodfor Regd Trusts & Regd Societiesto buildEducational Institutions & Hospitalsor for other projects ofSocial or Economic Development consistent with Waqf objectives andas permissible in Islamic Law.

Tackling the

Encroachment of Waqf properties

8 Steps

JPC Give to the CEO Magisterial Powers & Powers to Evict

JPC

Declare Waqf properties

as Public Premises

for enabling Eviction

JPC Punish Public Servants for not removing encroachment.

JPC & Sachar Committee:

Define Waqf Property

MoMA’s Attempt to take away

Muslim-exclusive advantage of Waqf

In the Waqf Act 1995, Section 3, clause (r),

there is a mistake.

Instead of ‘Waqif’, the word ‘Waqf’ is written.

The Waqf Bill 2010 intends to correct the mistake.

Therefore, the Bill says thatfor the words

“Wakf” means any person making such dedication

the words “Waqif” means any person

making such dedicationshall be substituted.

However, the Waqf Bill 2010unnecessarily adds here the

following:

Subject to the condition that when the line of succession fails,

the income of the waqf shall be spent for education, development and welfare

of the community.

The word ‘community’ has not been definedin the Act or the Bill.

In future, it can lead to unnecessary litigation.

Replace the word‘community’ by ‘Muslim community of India’

JPC, Sachar Committee & Inter-ministerial Committee:

Enable the Waqf Act to override Rent Control Acts

of the states

Waqf Tribunal

Sachar Committee:

Chairman & Members to be Full Time

JPC: Give only one year

to decide a case

JPC:Waqf Act to have Overriding Effecton State Revenue LawsandAll other statutes (in case of inconsistency with Waqf law)

Remove Avoidable Judicial Dichotomy

Waqf properties under Archaeological Survey of India ASI ASI Sachar Committee:

Appoint Review Mechanism MoMA

Sachar Committee

Amend

Ajmer Dargah Act

MoMA

“ Verily Allah enjoins Al-Adl and Al- Ihsan,

to help mankind and forbid evil and wrongdoings and any oppression.

He admonishes you, that you may take heed.”

Quran: An- Nahl , 16:90

It is hoped that the Muslim community

will continue to create even more Auqaf

as a way of contributing to humankind

as encouraged by Islam.

This presentation can be viewed

atwww.zakatindia.org