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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