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Section 6

Now, the new Wakf Law will have inter alia, the following features:—

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6. Now, the new Wakf Law will have inter alia, the following features:— (a) Wakf Boards for the States and for the Union territory of Delhi shall have not less than 7 and not more than 13 members of which the majority will comprise such persons as are elected from amongst Muslim Members of Parliament, Muslim Members of State Legislatures, Muslim. Members of the Bar Council in a State and Mutawallis of wakfs having an annual income of Rs. 1 lakhs or more. The nominated members will be from Muslim organisations of State eminencie, recognised scholars in Muslim theology and a representative of the State Government not below the rank of Deputy Secretary. In a State where there are Shia wakfs but no separate Shia Wakf Board, at least one of the Members shall be a shia Muslim. A smaller Wakf Board is envisaged for Union territories other than Delhi. (b) The other important feature is about distribution of powers between the Wakf Board and the Wakf Commission which would now be redesignated as the Chief Executive Officer and would be subordinate to the Wakf Board. (c) Provisions are also being made for appointment of the Executive Officer in respect of wakfs whose performance is not satisfactory and whose annual income is Rs. 5 lakhs or more. (d) To strengthen the finances of the Wakf Board, one of the measures being contemplated is to raise the rate of the contribution by a Wakf to the Wakf Board from 6 per cent. of its annual income to 7 per cent. (e) It is also intended to put certain restrictions on the powers of Mutawallis in the interest of better management of wakf properties. (f) An important provision in the proposed Bill relates to setting up of Wakf Tribunals to consider questions and disputes pertaining to wakfs. (g) There are instances of misuse of wakf properties either with or without the connivance of the Mutawallis. It is now proposed to incorporate in the Bill a provision so that the alienation of wakf properties will not be easy. (h) At present, the Wakf Act, 1954 is not applicable to 'Uttar Pradesh, West Bengal, parts of Gujarat, parts of Maharashtra and some of the North-Eastern States. With the enforcement of this legislation, there will be uniformity in respect of wakf administration throughout the country except in Jammu and Kashmir State.