Presentation on theme: "Waqf (Amendment) Bill, 2010 VITAL CONCERNS OF THE MUSLIM COMMUNITY Zakat Foundation of India For finer details of each point please see our website www.zakatindia.org."— Presentation transcript:
Waqf (Amendment) Bill, 2010 VITAL CONCERNS OF THE MUSLIM COMMUNITY Zakat Foundation of India For finer details of each point please see our website
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
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 ?
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
Sachar Committee: Sachar Committee: Widen the definition of Encroacher to include one who Alters the property or Occupies 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 Effect on State Revenue Laws and All other statutes (in case of inconsistency with Waqf law)
Remove Avoidable Judicial Dichotomy
Sachar Committee: Bring Waqfs under compulsory scheme of Financial Audit MoMA: 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 7 Last Column Heading ZFI has now filed Another RTI Petition with the Ministry of Minority Affairs