The government preparing to introduce a bill aimed at curbing the Waqf Board’s powers regarding asset management. This legislation seeks to redefine and restrict the board’s control over its properties. The proposed changes are part of broader efforts to enhance transparency and accountability.
New Delhi: In a significant move, the government aims to curtail the “unfettered” authority of Waqf Boards to declare any property a ‘waqf asset’ and assume control over it.
Sources revealed that the Cabinet, on Friday evening, deliberated on approximately 40 amendments to the Wakf Act (previously known as the Waqf Act before 2013). These amendments aim to address the perceived arbitrary jurisdiction of Waqf Boards, which currently oversee assets worth lakhs of crores of rupees nationwide.
Under the proposed changes, the Waqf Boards‘ claims, which previously unregulated, will now require mandatory verification. This mandatory verification mechanism will also apply to properties where Waqf Boards and individual owners have conflicting claims.
Although the official briefing on the Cabinet’s decisions on Friday evening did not mention this initiative, sources suggested that a bill to amend the Wakf Act is likely to be introduced in Parliament next week. Sources highlighted that the major amendments proposed to the Act include the mandatory verification of properties to check the arbitrary powers of Waqf Boards.
Presently, these entities have the authority to designate any property as a waqf asset. There are over 8.7 lakh properties, amounting to around 9.4 lakh acres, under the jurisdiction of Waqf Boards across the country.
The need for such legislation arose due to numerous representations from Muslim intellectuals, women, and different sects, such as Shia and Bohras, advocating for changes to the existing law. Sources emphasized that the preparation for these amendments began well before the 2024 Lok Sabha elections.
Additionally, preliminary reviews of laws in Islamic countries such as Oman and Saudi Arabia indicate that none of these nations have granted such extensive powers to a single entity.
The UPA government in 2013 conferred more sweeping powers on Waqf Boards by amending the original Act, which has since become a major point of contention among waqf authorities, individual property owners, and several state entities, including the Archaeological Survey of India.
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According to sources, the proposed bill includes changes to the composition of Waqf Boards and seeks to repeal certain provisions of the current law. The Wakf Act of 1995 established to regulate ‘auqaf’ (assets donated and designated as waqf) by a wakif an individual who dedicates a property for purposes recognized by Muslim law as pious, religious, or charitable.
The government previously noted the expansive powers of state Waqf Boards to claim any property and the delays in surveying such properties in most states. The government also considered involving district magistrates in the monitoring of waqf properties to prevent misuse. Sources indicated that the appeal process’s shortcomings were also being reviewed.