Waqf (Amendment) Bill, 2010 CONCERNS & DEMANDS Dr Syed Zafar Mahmood President, Zakat Foundation of India

It is high time to work diligently for ensuring the desired amendments in the Waqf Bill, 2010

Rajya Sabha Select Committee on Waqfs has submitted its Report on 17 Dec 2011 It has made many good suggestions but, 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 Parties in 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

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 ….” Compulsory Survey 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 of Secretary, Central Waqf Council Waqf Act 1995 does not provide any Qualification or his official level in the Government

SECRETARY, OFFICERS OF THE CENTRAL WAQF GOVT OF INDIA COUNCIL

Sachar Committee recommended: The level of Secretary, CWC should 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

CEO State Waqf Board Interaction with Officers of different Departments, Mutawallis, Removing Encroachments, Leasing / Monitoring Waqf Properties,, Court Cases Tribunal

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 create INDIAN 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 Period for Regd Trusts & Regd Societies to build Educational Institutions & Hospitals or for other projects of Social or Economic Development consistent with Waqf objectives and as 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 that for the words “Wakf” means any person making such dedication the words “Waqif” means any person making such dedication shall be substituted.

However, the Waqf Bill 2010 unnecessarily 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 defined in 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 Effect on State Revenue Laws and All 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.

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