Joint panel okays controversial clause empowering collector to survey Waqf properties

The District Collector should be empowered to survey Waqf properties to ensure better land management, considering his expertise in administration, the joint parliamentary panel on Waqf Amendment Bill has recommended in its report, which was laid in Parliament on February 13 amid Opposition's uproar.

The logic behind the suggestion given by the committee is that considering the collector's expertise in land administration, transferring Waqf property's survey responsibilities from the survey commissioner to the collector aligns with revenue laws, streamlines processes, enhances efficiency and ensures better land management.

“Given the collector’s expertise in land administration, the change is expected to improve objectivity, reduce redundancies and strengthen transaction authenticity. Recognising these benefits, the committee endorses the amendment as a pragmatic and sound measure,” the recommendation said.

It is this clause in the report, which the Opposition has been objecting to as it has alleged that the move would give control of Waqf properties to the government.

The panel's report, which received several dissent notes from Opposition members such as Shiv Sena (UBT) MP Arvind Sawant, TMC's Kalyan Banerjee and Nadim-ul-Haq, among others, further recommended that the government property declared as Waqf property should not be considered as Waqf.

The report was uploaded after all dissent notes were included after strong objections by the Opposition members in both Houses of Parliament. However, it disagreed with granting the collector the authority to determine whether a property was Waqf or government property. Instead, the committee recommended that the state government should designate an officer above the rank of collector to handle inquiries in cases of wrongful claims on government property by the Waqf Board.

Referring to another contentious clause regarding the inclusion of two non-Muslim members in Central Waqf Council and Waqf boards, the panel suggested that given the statutory role of the Central Waqf Council and Waqf boards, the inclusion of two non-Muslim members, Muslim women and broader representation from Shia, Sunni and backward Muslim communities would enhance representation and foster inclusivity and diversity in the Waqf property management.

However, the committee also expressed concern that the presence of non-Muslim ex-officio members could undermine the intent of the proposed legislation. Therefore, it recommended that ex-officio members of the Council and boards should not be counted as part of the mandatory two non-Muslim members.

The committee, after deliberations and stakeholder consultations, approved renaming the Waqf Act as the “Unified Waqf Management, Empowerment, Efficiency and Development Act”. The new title, it said, reflected evolving priorities, promoting unified administration, inclusivity, efficiency and transparency.

The committee supports extending the time limit for filing suits in the tribunal over Waqf disputes from one to two years, ensuring fair access to justice. However, recognising potential delays in filing due to various reasons, it recommended granting the tribunal the power to condone delays on a case-to-case basis beyond two years, if the applicant demonstrates sufficient cause for the delay.