Wakf (Amendment) Bill, 2010

[Bill No. 53 of 2010]

Status:- Passed by Lok Sabha on 07.05.2010

A

BILL

Preamble

to amend the Wakf Act, 1995.

Be it enacted by Parliament in the Sixty-first Year of the Republic of India as follows:--

1 . Short title and commencement.-

(1) This Act may be called the Wakf (Amendment) Act, 2010.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

2 . Amendment of long title.-

In the long title to the Wakf Act, 1995(43 of 1995) (hereinafter referred to as the principal Act), for the word "Wakfs", the word "Auqaf" shall be substituted.

3 . Amendment of section 1.-

In section 1 of the principal Act, in sub-section (1), for the word "Wakf", the word "Wakf" shall be substituted.

4 . Substitution of references to certain expressions by certain other expressions.-

Throughout the principal Act, for the words "wakf", "wakfs" and "wakif", wherever they occur, the words "wakf", "auqaf" and "waqif" shall respectively be substituted, and such other consequential amendments as the rules of grammar may require shall also be made.

5 . Amendment of section 3.-

In section 3 of the principal Act,--

(i) after clause (e), the following clause shall be inserted, namely:--

'(ee) "encroacher" means any person occupying wakf property, in whole or part, without the authority of law and includes a person whose tenancy, lease or licence has expired or has been terminated by the Board;';

(ii) for clause (g), the following clause shall be substituted, namely:--

'(g) "list of auqaf means the list of auqaf published under sub-section (2) of section 5 or contained in the register of auqaf maintained under section 37;';

(iii) in clause (i), after the proviso, the following provisos shall be inserted, namely:--

"Provided further that the mutawalli shall be a citizen of India and shall fulfil such other qualifications as may be prescribed:

Provided also that in case a wakf has specified any such qualifications, such qualifications may be provided in the rules as may be made by the State Government;";

(iv) in clause (k), in sub-clause (i), for the words "worship" and "khangah", the words "offer prayer" and "khanqah" shall, respectively, be substituted;

(v) in clause (r), for the words 'and "wakf" means any person making such dedication;', the words 'and "waqif" means any person making such dedication, subject to the condition that when the line of succession fails, the income of the wakf shall be spent for education, development and welfare of the community;' shall be substituted.

6 . Amendment of section 4.-

In section 4 of the principal Act,--

(a) after sub-section (1), the following sub-section shall be inserted, namely:--

"(1A) Every State Government shall maintain u list of auqaf referred to in sub-section (1) and the survey of auqaf shall be completed within a period of one year from the date of commencement of the Wakf (Amendment) Act, 2010, in case such survey was not done before the commencement of the Wakf (Amendment) Act, 2010:

Provided that where no Survey Commissioner of Wakf has been appointed, a Survey Commissioner for auqaf shall be appointed within three months from the date of such commencement.";

(b) in sub-section (6), in the proviso, for the words "twenty years" the words "ten years" shall be substituted.

7 . Amendment of section 5.-

In section 5 of the principal Act,--

(a) in sub-section (2), for the words "publish in the Official Gazette", the words "forward it back to the Government within a period of six months for publication in the Official Gazette" shall be substituted;

(b) after sub-section (2), the following sub-sections shall be inserted, namely:--

"(3) The list published in the Official Gazette under sub-section (2) shall be referred to by the revenue authorities whenever they are updating the land records.

(4) The State Government shall maintain a record of the lists published under sub-section (2) from time to time.".

8 . Amendment of section 6.-

In section 6 of the principal Act, in sub-section (1), --

(a) for the words "or any person interested therein", the words "any person aggrieved" shall be substituted;

(b) after the proviso, the following proviso shall be inserted, namely:--

"Provided further that no suit shall be instituted before the Tribunal in respect of such properties notified in a second or subsequent survey pursuant to the provisions contained in sub-section (6) of section 4.";

(c) the Explanation shall be omitted.

9 . Amendment of section 7.-

In section 7 of the principal Act,--

(a) in sub-section (1),--

(i) for the words "any question", the words "any question or dispute" shall be substituted;

(ii) for the words "or any person interested", the words "any person aggrieved by the publication of the list of auqaf under section 5 or", shall be substituted;

(b) after sub-section (5), the following sub-section shall be inserted, namely:

"(6) The Tribunal shall have powers of assessment of damages by unauthorised occupation of wakf property and to penalise such unauthorised occupants for their illegal occupation of the wakf property and to recover the damages as arrears of land revenue through the Collector:

Provided that whosoever, being a public servant, fails in his lawful duty to prevent or remove an encroachment, shall on conviction be punishable with fine which may extend to fifteen thousand rupees for each such offence.".

10 . Substitution of new section for section 8.-

For section 8 of the principal Act, the following section shall be substituted, namely:--

"8. State Government to bear cost of survey.- The total cost of making a survey including the cost of publication of the list or lists of auqaf under this Chapter shall be borne by the State Government.".

11 . Amendment of section 9.-

In section 9 of the principal Act,--

(a) for sub-section (1), the following sub-sections shall be substituted, namely:--

"(1) The Central Government may, by notification in the Official Gazette, establish a Council to be called the Central Wakf Council, for the purpose of advising the Central Government, the State Governments and the State Wakf Boards on matters concerning the working of Boards and the due administration of auqaf.

(1A) The Council referred to in sub-section (1) shall issue directives to the State Wakf Boards, on such issues and in such manner, as provided under sub-sections (4) and (5).";

(b) in sub-section (2), in clause (b), --

(i) for sub-clause (ii), the following sub-clause shall be substituted, namely:--

"(ii) four persons of national eminence, one each from the fields of administration or management, financial management, engineering or architecture or medicine;";

(ii) after sub-clause (viii), the following proviso shall be inserted, namely:--

"Provided that at least two of the members appointed under sub-clauses (i) to (viii) shall be women.";

(c) after sub-section (3), the following sub-sections shall be inserted, namely:--

"(4) The State Government or, as the case may be, the State Wakf Board, shall furnish information to the Council on the performance of Wakf Boards in the State, particularly on their financial performance, survey, maintenance of wakf deeds, revenue records, encroachment of wakf properties, annual reports and audit reports in the manner and time as may be specified by the Central Council and the Council may suo motu call for information on specific issues from the State Wakf Board, if it is satisfied that there was prima facie evidence of irregularity or violation of the provisions of this Act and if the Council is satisfied that such irregularity or violation of the Act is established, it may issue such directive, as considered appropriate, which shall be complied with by the concerned State Wakf Board under intimation to the concerned State Government.

(5) Any dispute arising out of a directive issued by the Central Wakf Council under sub-section (4) shall be referred to a Board of Adjudication to be constituted by the Central Government, to be presided over by a retired Judge of the Supreme Court and the fee and travelling and other allowances payable to the Presiding Officer shall be such as may be determined by that Government.".

12 . Amendment of section 13.-

In section 13 of the principal Act,--

(a) after sub-section (1), the following proviso shall be inserted, namely:--

"Provided that in case where a Board of Wakf has not been established, as required under this sub-section, a Board of Wakf shall, without prejudice to the provisions of this Act or any other law for the time being in force, be established within one year from the date of the commencement of the Wakf (Amendment) Act, 2010.";

(b) after sub-section (2), the following sub-section shall be inserted, namely:--

"(2A) Where a Board of Wakf is established under sub-section (2) of section 13, in case of Shia wakf, the Members shall consist of Shia members and in the case of Sunni wakf, the Members shall consist of Sunni members.".

13 . Amendment of section 14.-

In section 14 of the principal Act, --

(I) in sub-section (1),--

(i) for the words "the Union territory of Delhi", wherever they occur, the words "the National Capital Territory of Delhi" shall be substituted;

(ii) in clause (b), --

(a) for sub-clause (iii), the following sub-clause shall be substituted, namely:--

"(iii) Muslim members enrolled with the Bar Council of the concerned State or Union territory:

Provided that in case there is no Muslim member of the Bar Council of a State, the State Government may nominate any reputed person from that State having knowledge or experience of law, and";

(b) after sub-clause (iv), the following proviso and Explanation shall be inserted, namely:--

"Provided that the members from categories mentioned in sub-clauses...

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