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New Delhi:
Minority Affairs Minister Salman Khurshid Tuesday introduced the
Wakf (Amendment) Bill, 2010, in the Lok Sabha that seeks to address
the lapses in the Wakf Act, 1995, and also provides for
representation of women, professionals and experts in the wakf
councils.
The bill seeks to address the inadequacy of data on waqf properties,
encroachment, development of waqf properties and the absence of a
statutory obligation to ensure flow of information from the state
waqf boards and state governments to the central waqf council.
The minister said the bill is proposed to amend the Wakf Act, 1995,
to provide a specific time period for completion of survey of such
properties and ensure that the list based on the survey data is
"appropriately reflected while updating the land records by the
revenue authorities".
The bill seeks change in the composition of the Central Wakf Council
and State Wakf Boards "so as to provide for representation of women,
professionals and experts".
It also seeks to prohibit the sale and gift of wakf properties.
Among other things, the bill also seeks to provide: "stringent penal
provisions to prevent encroachments and to streamline the process of
removal of encroachments."
"For increasing the maximum permissible period of lease or sub-lease
of wakf properties from three years, as at present, to 30 years."
"Statutory power of monitoring to the Central Wakf Council and to
authorise it to issue directives and advice in specific cases, along
with the provision for independent dispute resolution machinery in
the shape of board of adjudication to be constituted by the central
government, to be presided over by a retired judge of the Supreme
Court."
"For constituting the tribunals, for the determination of all
disputes, questions and other matters relating to wakf of wakf
properties, as a three member body consisting of a person not below
the rank of district, session or civil judge Class I as the chairman
and two members, namely, an officer from the state civil service
equivalent in rank to that of additional district magistrate and
another person having knowledge of Muslim law and jurisprudence."
Khurshid said the Sachar Committee in its report submitted to the
prime minister November 2006, had suggested "certain amendments to
the Act relating to women's representation, review of the
composition of the Central Wakf Council and the State Wakf Boards, a
stringent and more effective approach to countering encroachments of
wakf properties and other matters."
The Joint Parliamentary Committee (JPC) on Wakf in its third report
presented to the Rajya Sabha March,4, 2008, had made recommendations
for a wide range of amendments.
The recommendations of the JPC were considered by the Central Wakf
Council, Khurshid said.
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