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Waqf (Amendment) Bill, 2010 CONCERNS & DEMANDS. Dr Syed Zafar Mahmood President, Zakat Foundation of India www.zakatindia.org. It is high time to work diligently for ensuring the desired amendments in the Waqf Bill, 2010.
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Waqf (Amendment) Bill, 2010CONCERNS & DEMANDS Dr SyedZafarMahmoodPresident, 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 2011It has made many good suggestionsbut, still it is based on numerous omissions
ZFI has tried to go deep into the matterWe 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 Gandhiand Leaders of all Political Partiesin Parliament
Select Committee Omission 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
Select Committee Omission 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
Select Committee Omission 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 Adopted by Select Committee
Central Waqf Council:Minister is ex-officio PresidentSachar Committee:Let the CWC President be another eminent person Select Committee Omission
For the post ofSecretary, Central Waqf CouncilWaqf Act 1995does not provide any Qualification or his official level in the Government
Select Committee Omission Sachar Committee recommended:The level ofSecretary, CWCshould atleast be Joint Secretaryto the Government of IndiaThe Waqf Bill 2010 ignores this vital recommendation.It needs to be incorporated in the Bill
For representatives of MPs, MLAs, Lawyers, Mutawallis“Electoral College”has not been defined.
CEOof 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 BoardInteraction with Officers of different Departments,Mutawallis, Removing Encroachments, Leasing / MonitoringWaqf Properties,, Court Cases Tribunal
Usually, Muslim officers are not available to be posted as CEO of Waqf Boards becausein2.5 %As per Sachar Committee,there are not more than 2.5 % Muslims in the higher Bureaucracy
Select Committee Omission Sachar Committee: Create Indian Waqf Service
Vital Sachar Recommendation is going by defaultbecause of Government’s lack of action INDIAN WAKF SERVICE HAS NOT BEEN CREATED
ZFI’s finding under RTI ActA junior officer wrote on the file:“THIS IS NOT FEASIBLE”Right up to the Prime Minister,Nobody above him asked: Why ?
Copy of Ministry's file Obtained under orders of Central Information Commission
in the Files of the Ministry of Minority AffairsThis 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 sufferingGovernment must withdraw its rejection of this vital Sachar recommendation.Government must createINDIAN WAKF SERVICE
Select Committee Omission For training of officers & staff,establishNational Waqf Academy
JPC : Establish (a) National Waqf Properties Development Board(b) National Board for Promotion of Education among Muslims(c) National Waqf Development Councilwith 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.
Select Committee Omission JPCGive to the CEOMagisterial Powers&Powers to Evict
JPCDeclare Waqf propertiesas Public Premisesfor enabling Eviction