The Narendra Modi government is all set to bring several changes to the Waqf Act. On Friday, the Union Cabinet approved around 40 amendments to the Waqf Act. Reports say that most of the amendments are based on the recommendations of the Sachar Committee and the K Rahman Khan-led joint parliamentary committee (JPC) on Waqf.
The proposed amendments aim to give representation to women in the Central Waqf Council and state boards. This was recommended by the Sachar Committee report in 2006. The Sachar committee had recommended the appointment of at least two women in the State Waqf Board (SWB) and one on Central Waqf Council (CWC).
The government recommendations also call for mandatory registration of Waqf properties with the district collector for correct valuation. This was recommended by the JPC on Waqf Board in 2008.
Sachar Committee Recommendations on Waqf Board
The Sachar Committee was a seven-member high-level committee formed in March 2005 by former prime minister Dr Manmohan Singh. The committee was headed by former Chief Justice of Delhi High Court Rajinder Sachar and was aimed at studying the social, economic and educational condition of Muslims in India.
The Committee submitted a report with several recommendations for the Waqf board. Here are the highlights of the Sachar Committee Report:
- Extension of time for recovery from adverse possession- the period of limitation should be extended till 2035 so exemption from Limitation Act 1963 may now not be needed
- Exempting the Waqf property from the purview of the Rent Control Act, by introducing an overriding provision of Wakf Act; (Under Model tenancy Act excluded)
- At least 02 women in SWBS and CWC
- Composition of CWC/SWBS making these broad based
- CEO must be full time and from sufficient high rank officer of the State Government
- Maintenance of accounts. Financial Audit of all waqfs to be made compulsory
- Enhance lease period from 3 years to 30 years
- Legal and administrative remedies, removal of avoidable judicial dichotomy
- To provide a technical advisory body for development of Waqf properties
JPC on Waqf
The Joint Parliamentary Committee (JPC) on Waqf examines specific subjects related to Waqf. The committee consists of 30 members from the Lok Sabha and Rajya Sabha, as well as members from the ruling and opposition parties. The committee works closely with the Ministry of Minority Affairs to draft recommendations on the functioning of Waqf.
Here are highlights of the JPC recommendations on Waqf:
- The State government should use its statutory powers under the Act to deal with mismanagement of the waqf affairs by the Boards
- The Committee reiterated the second report where it has recommended that the procedure for the survey of waqf properties should be such that it was transparent and open to the public, with a system to correct error in survey
- Computerization of Wakf Boards and creation of central data base
- Empowering of Central Waqf Council
- Leasing of waqf properties; need for new approach
- Development of waqf properties
- The documentation of the properties of the wakf institutions have not been properly classified by the Boards
- There appears to be lack of necessary will and interest in the implementation and monitoring of the Wakf Act, 1995 on the part of State Governments and the Boards
- Though the surveys were conducted after the implementation of the Wakf Act, 1954, steps were not taken to get the mutations/making entry in the revenue records of all the properties done.
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