NEW DELHI: The Joint Parliamentary Committee scrutinising the Waqf (Amendment) Bill is set to approve the government’s move to include non-Muslims in Waqf boards, saying they can be “beneficiaries, parties to disputes, or otherwise interested in Waqf matters”, sources said on Tuesday.
According to sources, after thorough deliberation upon the proposals, the committee found that the inclusion of two non-Muslim members each in the Central Waqf Council and State Waqf Boards will make it broader based, promote inclusivity and diversity in waqf property management.
The amendments suggest that the non-Muslim members of the board will exclude ex-officio members, which means that it may have a maximum of four non-Muslim members.
Another significant amendment to the proposed Bill is to empower the state governments to appoint an officer to determine whether a property is Waqf or not. The district collector has been given the absolute power to decide whether a property is Waqf or government land.
According to sources, the committee may suggest that the decision to appoint an official to conduct an inquiry in cases of wrongful claims on government property by Waqf Board should be left to the state government. “State government may by notification designate an officer above the rank of collector, hereinafter called the designated officer, who shall conduct an inquiry as per law,” as per the amendment.
However, the amendment may recommend that the collector, instead of the survey commissioner, will conduct the survey in accordance with the revenue laws of the respective state and submit the report to the state government.
The panel, according to sources, has suggested changes regarding the proposed omission of ‘waqf by user’. According to the panel, provision created apprehensions among various stakeholders and the Muslim community at large regarding the status of the existing ‘waqf by user’ which largely includes properties used for religious purposes.
The panel, which is scheduled to adopt its report on Wednesday, proposed that a proviso clearly specifying that the omission of ‘waqf by user’ will apply prospectively, that is, the cases of existing waqf properties already registered as ‘waqf by user’ will not be reopened and will remain as waqf properties, even if they do not have a waqf deed. This would, however, be subject to the condition that the property wholly or in part must not be involved in a dispute or be a government property.
The panel has also agreed with the submissions of Dawoodi Bohra and Agha Khani communities, two small sects of the Shia Muslims, that they have their unique and distinct set of identities and should be treated as such, the sources said.
