Bill to repeal Wakf boards: IUML MP writes to Dhankhar
- July 22, 2023
- Posted by: OptimizeIAS Team
- Category: DPN Topics
No Comments
Bill to repeal Wakf boards: IUML MP writes to Dhankhar
Subject : Polity
Section:
Concept :
- Indian Union Muslim League (IUML) MP Abdul Wahab has written to Rajya Sabha Chairman Jagdeep Dhankhar urging him not to allow the introduction of the Wakf Repeal Bill, a Private Member’s Bill moved by BJP MP Harnath Singh Yadav.
- The Bill, however, was not introduced on Friday as the House got adjourned without taking up any business as Opposition members protested over the Manipur violence.
Waqf
- Property given in the name of God for religious and charitable purposes.
- In legal terms, permanent dedication by a person professing Islam, of any movable or immovable property for any purpose recognised by the Muslim law as pious, religious or charitable.
How is waqf created?
- A waqf can be formed through a deed or instrument, or a property can be deemed waqf if it has been used for religious or charitable purposes for a long period of time.
- The proceeds are typically used to finance educational institutions, graveyards, mosques and shelter homes.
- A person creating the waqf cannot take back the property and the waqf would be a continuing entity.
- A non-Muslim can also create a waqf but the individual must profess Islam and the objective of creating the waqf has to be Islamic.
How is a waqf governed?
- Governed by the Waqf Act, 1995.
- A survey commissioner under the Act lists all properties declared as waqf by making local investigation, summoning witnesses and requisitioning public documents.
- The waqf is managed by a mutawali, who acts as a supervisor. It is similar to a trust established under the Indian Trusts Act, 1882, but trusts can be set up for a broader purpose than religious and charitable uses. A trust established can also be dissolved by the board unlike a waqf.
Waqf Board
- It is a juristic person with power to acquire and hold property and to transfer any such property.
- The board can sue and be sued in a court as it is recognised as a legal entity or juristic person.
- Each state has a Waqf Board headed by a chairperson, one or two nominees from the state government, Muslim legislators and parliamentarians, Muslim members of the state Bar Council, recognised scholars of Islamic theology and mutawalis of the waqfs with an annual income of Rs 1 lakh and above.
Private Member Bill:
Private Member’s Bill:
- Any Member of Parliament (MP) who is not a minister is referred to as a private member.
- The purpose of private member’s bill is to draw the government’s attention to what individual MPs see as issues and gaps in the existing legal framework, which require legislative intervention. Thus it reflects the stand of the opposition party on public matters.
- Its drafting is the responsibility of the member concerned.
- Its introduction in the House requires one month’s notice.
- The government bills can be introduced and discussed on any day, private member’s bills can be introduced and discussed only on Fridays.
- Its rejection by the House has no implication on the parliamentary confidence in the government or its resignation.
- The last time a private member’s bill was passed by both Houses was in 1970. It was the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Bill, 1968.
- 14 private member’s bills — five of which were introduced in Rajya Sabha — have become law so far.
- Some other private member bills that have become laws include-
- Proceedings of Legislature (Protection of Publication) Bill, 1956, in the Lok Sabha;
- The Salaries and Allowances of Members of Parliament (Amendment) Bill, 1964, introduced by in the Lok Sabha and
- The Indian Penal Code (Amendment) Bill, 1967 introduced in the Rajya Sabha.