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Waqf (Amendment) Bill, 2010 VITAL CONCERNS OF THE MUSLIM COMMUNITY

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. Required provision in the Waqf Bill The State Government shall not issue

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Waqf (Amendment) Bill, 2010 VITAL CONCERNS OF THE MUSLIM COMMUNITY

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  1. Waqf (Amendment) Bill, 2010VITAL CONCERNS OF THE MUSLIM COMMUNITY Zakat Foundation of India For finer details of each point please see our website www.zakatindia.org

  2. 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

  3. 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

  4. Waqf Surveys Include cases since 1947: JPC Over-ruled by MoMA

  5. JPC Waqf Survey Commissioner’s Notification shall be treated as ‘Deemed Mutation’ for REVENUE RECORD DETERMINATION OF TITLE

  6. Every Minister is Over-worked

  7. Central Waqf Council:Minister is ex-officio PresidentSachar Committee:Let the CWC President be another eminent person

  8. For the post ofSecretary, Central Waqf CouncilWaqf Act 1995does not provide any Qualification or his official level in the Government

  9. Secretary,Officers of theCentral WaqfGovt of IndiaCouncil

  10. 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

  11. Constitution of State Wakf Boards

  12. For representatives of MPs, MLAs, Lawyers, Mutawallis“Electoral College”has not been defined.

  13. 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

  14. CEOState Waqf BoardInteraction with Officers of different Departments,Mutawallis, Removing Encroachments, Leasing / MonitoringWaqf Properties,, Court Cases Tribunal

  15. 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

  16. Sachar Committee: Create Indian Waqf Service

  17. Vital Sachar Recommendation is going by defaultbecause of Government’s lack of action INDIAN WAKF SERVICE HAS NOT BEEN CREATED

  18. 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 ?

  19. Waqf Boards’ work is still sufferingGovernment must withdraw its rejection of this vital Sachar recommendation.Government must createINDIAN WAKF SERVICE

  20. For training of officers & staffestablishNational Waqf Academy

  21. 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.

  22. 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.

  23. Tackling the Encroachment of Waqfproperties 8 Steps

  24. Sachar Committee: Sachar Committee:Widen the definition of Encroacherto include one whoAlters the property orOccupies it without Waqf Board’s permission

  25. JPCGive to the CEOMagisterial Powers&Powers to Evict

  26. JPCDeclare Waqf propertiesas Public Premisesfor enabling Eviction

  27. JPC Punish Public Servants for not removing encroachment.

  28. JPC & Sachar Committee:Define Waqf Property

  29. JPC, Sachar Committee & Inter-ministerial Committee:Enable the Waqf Act to override Rent Control Acts of the states

  30. Waqf TribunalSachar Committee:Chairman & Members to be Full Time JPC: Give only one year to decide a case

  31. JPC:Waqf Act to have Overriding Effecton State Revenue LawsandAll other statutes (in case of inconsistency with Waqf law)

  32. Remove Avoidable Judicial Dichotomy

  33. Sachar Committee:Bring Waqfsunder compulsory scheme of Financial AuditMoMA: Waqfs are already audited by Accountants appointed by Waqf Board

  34. Waqf properties under Archaeological Survey of India ASI ASISachar Committee: Appoint Review MechanismMoMA

  35. Sachar CommitteeAmend Ajmer Dargah ActMoMA

  36. ZFI Booklet:Please see page 7Last ColumnHeadingZFI has now filed Another RTI Petitionwith the Ministry of Minority Affairs

  37. This presentation can be viewedatwww.zakatindia.org

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