Transcript Slide 1

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
Sachar Com
&
JPC
Prevent
undue
bureaucratic
intervention
in
Waqf
work
Required provision in the
Waqf Bill
The State Government
shall not issue
any direction
that violates
any provision
of the
Waqf Act
Section 4 (1)
JPC
Compulsory
Survey of
Waqf
properties
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 ….”
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,
CENTRAL WAQF
COUNCIL
OFFICERS OF THE
GOVT OF INDIA
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
This presentation
can be viewed
at
www.zakatindia.org