A common law on all tribunals will soon be enacted which would also cover the Waqf tribunals.

Inaugurating the National Conference on the Wakf (Amendment) Act, 2013, here on Wednesday the Union Minister for Minority Affairs K Rahman Khan said : “You would like to seek the views of all participants from the Waqf Boards in different parts of the country in framing the guideless and rules on leasing of Waqf properties for a period of 30 year ceiling. I hope the Conference will provide valuable inputs.”

He said that leasing of Waqf properties should be based on market value and the process should be transparent.

He urged the state Waqf Boards to help in the survey of Waqf properties which is conducted in every 10 years

Khan, however regretted at the slow progress in computerization programme in Waqf Boards. The funds for scheme for computerization was launched in 2010. But during the last three years, out of 3.28 lakh records only 50,000 records have been computerised.

The Minister said “if U.P., A.P. and Gujarat computerise the records almost 85% of the work will be completed. He also informed that soon computerised records will be put on net. “

As several participants complained about the problems being faced in the way of digitalization programme, the Minister suggested they should resort to outsourcing.

Some participants suggested that Waqf properties should not come under Rent Control Order.

Emphasising the Development of Wakf Properties, the Minister said vacant plots and properties are vulnerable to encroachment.

The amended Waqf Act, has made provisions for strengthening the Waqf Institution and stream line their functioning. Some of the important provisions incorporated in the Act and highlighted by the Minister include-

-The definition of waqf has been modified to allow non-Muslims also to create waqf;

-If the tenancy, lease or license has expired or been terminated, this would be considered as encroachment;

-The Survey Commissioner will be appointed within three months and survey required to be completed within a year;

-Waqf properties already surveyed and notified are not to be reviewed again in subsequent surveys except where the status of such property has been changed in accordance with the provisions of any law;

-The Central Waqf Council has been empowered to issue directive to the State Waqf Boards on their financial performance, survey, maintenance of waqf deeds, revenue records, and encroachment of Waqf properties seeking annual report and audit report;

-Any dispute arising out of a directive issued by the Central Waqf Council to 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 or a retired Chief Justice of a High Court;

-The Establishment of State Waqf Boards within 6 months from the date of commencement of this Act;

- ‘Sale’, ‘Gift’, ‘Mortgage’, ‘Exchange’ and ‘Transfer’ of Waqf properties have been prohibited to curb alienation of Waqf properties;

-‘Lease’ of waqf properties is being allowed. However, ‘Lease’ of Mosque, Dargah, Khanquah, Graveyard and Imambara has been prohibited;

-The Board will sanction ‘lease’ when two thirds of total membership of the Board is present and cast their vote in favour of such transaction;

-The lease period has been enhanced uniformly upto 30 years for commercial activities, education or health purposes with the approval by the State Govt. because of the long gestation periods of such projects and the long periods of return on capital employed. The maximum period of lease of agricultural land is fixed for 3 years. Further, lease beyond 3 years is to be intimated to the State Government and it would become effective only after 45 days.

-The provisions of this Act shall have overriding effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.