The WAQF (Amendment) bill 2010 passed by the Lok Sabha

The WAQF (Amendment) bill 2010 passed by the Lok Sabha

‘The Waqf (Amendment) Bill, 2010’, seeking to strengthen and improve the management and administration of the Waqfs in India, which was introduced in the Lok Sabha on 27th April, 2010, has been considered and passed unanimously by the Lok Sabha today.

Highlights of the Bill are as follows:

1. For reducing the scope of alienation of waqf properties by prohibiting the sale and gift of waqf properties;

2. Stringent penal provisions to prevent encroachments and to streamline the process of removal of encroachments;

3. For increasing the maximum permissible period of lease or sub-lease of waqf properties from three years, as at present, to thirty years so that the waqf properties are developed in such a way as to derive maximum benefits and to apply the income to the aims for which the wakf was created in the first place;

4. Specific time frame for completion of survey of auqaf and to ensure that the list of auqaf based on the survey data is appropriately reflected while updating the land records by the revenue authorities;

5. For change in the composition of the Central Waqf Council and State Waqf Boards so as to provide for representation of women, professionals and experts in the Council or Boards;

6. Providing statutory power of monitoring to the Central Waqf Council and to authorize it to issue directives and advice in specific cases to State Waqf Boards;

7. For constituting Tribunals, for the determination of all disputes, questions and other matters relating to waqf or waqf 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 other 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.