Waqf (Amendment) Bill, 2010 VITAL CONCERNS OF THE MUSLIM COMMUNITY Zakat Foundation of India For...

Waqf (Amendment) Bill, 2010VITAL CONCERNS OF THE

MUSLIM COMMUNITY

Zakat Foundation of IndiaFor finer details of each point please see our

websitewww.zakatindia.org

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

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 ?

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 & staffestablish

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

Sachar Committee:

Sachar Committee:

Widen the definition of Encroacherto include one who Alters the property orOccupies it without Waqf Board’s permission

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

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

Sachar Committee:

Bring Waqfs under compulsory scheme of Financial AuditMoMA: Waqfs are already audited by Accountants appointed by Waqf Board

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

Appoint Review Mechanism MoMA

Sachar Committee

Amend

Ajmer Dargah Act

MoMA

ZFI Booklet:

Please see page 7Last Column

Heading

ZFI has now filed Another RTI Petition

with the Ministry of Minority Affairs

This presentation can be viewed

atwww.zakatindia.org