Among the 14 amendments accepted by the Joint Committee (JPC) of Parliament on the Waqf (Amendment) Bill, the Bill makes it mandatory for every waqf property registered under the existing law to declare the details of the property on the website within six months from the commencement of the proposed Act. Another accepted amendment will now empower the mutawalli (caretaker) to extend the period subject to the satisfaction of the Waqf Tribunal in the state. Sources said the amendment proposed by BJP MP Sanjay Jaiswal and accepted by the committee seeks to include a person knowing Muslim law and jurisprudence as a member of such tribunals.
The amendment moved by BJP MP Brij Lal and accepted by the committee said, as per the law, the state government can, by notification, nominate an officer above the rank of collector for investigation. Many Muslim organizations objected to the power given to the collector, saying that he is also the head of revenue records and any investigation conducted by him will not be fair, because he will investigate only based on his office's claim.
Only a person who has been following Islam for five years can declare a property as Waqf.
The committee has recommended that only a person who has been following Islam for at least five years can declare a property as Waqf. This means property dedicated exclusively for religious or charitable purposes under Islamic law.
The opposition was in favor of maintaining the stringent provisions of the existing law.
Opposition MPs proposed amendments in all 44 sections of the Waqf (Amendment) Bill. It talked about restoring the provisions of the existing law and said that the stringent character of the proposed law bill should be maintained in the report given by the committee.
The Waqf Tribunal will have three members instead of two. The third member will be an Islamic scholar.
Whether a Waqf property belongs to the government or not will be investigated by the District Collector and not the Waqf Tribunal. However, the decision on Waqf's property will not be in the hands of the District Collector alone. The government can select an officer of the rank of Collector or higher for this.
The Waqf Board Council will compulsorily have at least two non-Muslim members. This will be different from the officer appointed by the Centre or the State. These can be either Muslim or non-Muslim.
Property embroiled in any kind of dispute cannot be converted into Waqf by donating it.
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