On Tuesday (6th August), a bill to amend Waqf board regulations was circulated among Lok Sabha members. It proposes significant changes, including the inclusion of Muslim women and non-Muslims in the boards and seeks to rename the Waqf Act, 1995, to the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995.
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NEW DELHI: The proposed Waqf (Amendment) Bill 2024 is poised to significantly transform Waqf management, introducing a more “transparent, accountable, and inclusive system.” According to the government, this extensive reform aims to modernize the existing Waqf Act of 1995, addressing “Addressing historical concerns and fostering greater empowerment within the Muslim community.”
Renaming the Act as the “Unified Waqf Management, Empowerment, Efficiency, and Development Act, 1995,”.
The draft bill was circulated among Lok Sabha members on Tuesday(6th August) night ahead of its formal introduction. The proposed amendments are comprehensive, aiming to modernize and enhance the current legal framework.
Key Provisions and Changes
The Amendment Bill 2024 introduces 44 amendments, promising a comprehensive overhaul of the current Waqf management system.
Key highlights include:
- Omission of Section 40:
- The bill seeks to remove Section 40 of the current law, which relates to the powers of the Board to decide if a property is Waqf property.
- The bill seeks to remove Section 40 of the current law, which relates to the powers of the Board to decide if a property is Waqf property.
- Broad-based Composition of Waqf Bodies:
- It provides for a more inclusive Central Waqf Council and State Waqf Boards, ensuring representation of Muslim women and non-Muslims in these bodies.
- It provides for a more inclusive Central Waqf Council and State Waqf Boards, ensuring representation of Muslim women and non-Muslims in these bodies.
- Establishment of Separate Boards:
- The bill proposes the creation of a separate Board of Auqaf for the Boharas and Aghakhanis, addressing the unique needs of these communities.
- The bill proposes the creation of a separate Board of Auqaf for the Boharas and Aghakhanis, addressing the unique needs of these communities.
- Representation of Various Muslim Communities:
- The draft law ensures the representation of Shias, Bohras, Aghakhanis, and other backward classes among Muslim communities.
- The draft law ensures the representation of Shias, Bohras, Aghakhanis, and other backward classes among Muslim communities.
- Clear Definition of Waqf:
- It aims to clearly define “Waqf as a Waqf by any person who has practiced Islam for at least five years and holds ownership of the property.”
- It aims to clearly define “Waqf as a Waqf by any person who has practiced Islam for at least five years and holds ownership of the property.”
- Centralized Registration of Waqfs:
- One of the objectives is to streamline the registration process of Waqfs through a central portal and database.
- One of the objectives is to streamline the registration process of Waqfs through a central portal and database.
- Detailed Procedure for Mutation:
- The bill establishes a detailed procedure for mutation as per revenue laws, with due notice to all concerned before recording any property as Waqf property.
- The bill establishes a detailed procedure for mutation as per revenue laws, with due notice to all concerned before recording any property as Waqf property.
- Utilization of Waqf Funds:
- Waqf Boards are mandated to utilize funds from Waqf properties for the welfare of widows, divorcees, and orphans, fostering social responsibility and support for vulnerable community members.
- Waqf Boards are mandated to utilize funds from Waqf properties for the welfare of widows, divorcees, and orphans, fostering social responsibility and support for vulnerable community members.
- Succession Rights Protection:
- The bill ensures that the succession rights of heirs and women are upheld, preventing any denial of rightful inheritance during the Waqf period.
- The bill ensures that the succession rights of heirs and women are upheld, preventing any denial of rightful inheritance during the Waqf period.
- Handling Government Property:
- Any government property identified or declared as Waqf will be deemed as such under the new Act. The bill establishes a clear procedure for resolving disputes regarding government property claimed as Waqf, with the collector responsible for investigating and providing a report to the state government.
- Any government property identified or declared as Waqf will be deemed as such under the new Act. The bill establishes a clear procedure for resolving disputes regarding government property claimed as Waqf, with the collector responsible for investigating and providing a report to the state government.
- Publication and Transparency:
- The bill mandates the publication of a list of Waqf properties on an online portal and database within 15 days of its implementation. A 90-day notice period will be provided before any mutation decisions are made, ensuring transparency and fairness.
- The bill mandates the publication of a list of Waqf properties on an online portal and database within 15 days of its implementation. A 90-day notice period will be provided before any mutation decisions are made, ensuring transparency and fairness.
- Historical Context:
- The Muslim Waqf Act of 1923, considered a colonial-era law, has been deemed outdated and inadequate for effective management of Waqf property.
Additional Provisions
Before the implementation of this law, no property will be considered as Waqf if there is a dispute about it being government property. The collector will investigate such property and provide a report to the state government, which will then update the revenue record accordingly. State governments are required to publish the list of Auqaf, portal, and database within 15 days of the law’s implementation. Revenue officers must give a 90-day notice to local dailies before deciding on mutation.
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Composition of the Waqf Board
The Minister of Minority Affairs will chair the board, which will include:
- Three MPs from Rajya Sabha and Lok Sabha.
- Three individuals from Muslim organizations.
- A “muttallavi” of Waqf with an annual income exceeding 5 lakhs.
- Three Muslim scholars.
- Two former judges of the High Court or Supreme Court.
- One senior lawyer.
- Four individuals of national importance.
- Among those nominated from the Muslim community will be two Muslim women.
The Wakf Act, 1995, was brought to regulate ‘Auqaf (assets/donated and notified as Waqf) by a ‘wakif (the person who dedicates a property for any purpose recognised by Muslim law as religious or charitable)
The Act was last amended in 2013.