The central focus of the proposed amendments is the transfer of decision-making authority regarding the status of properties, whether they are Waqf or government land, from the Waqf Tribunal to district collectors.
NEW DELHI: The Union Government is set to present an amendment to the Waqf Act, 1995, in Parliament this week. The proposed bill, officially dubbed the “Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995,” aims to redefine the governance and management of Waqf properties across India.
The central focus of the proposed amendments is the transfer of decision-making authority regarding the status of properties, whether they are Waqf or government land, from the Waqf Tribunal to district collectors. This marks a significant shift in the control of nearly 8.7 lakh properties currently overseen by Waqf Boards, making them the third-largest landholder in the nation after the armed forces and the Indian Railways.
Additionally, the amendment proposes a more inclusive composition for the Waqf Boards, recommending the inclusion of two Muslim women and two non-Muslim members. This initiative aims to foster a more diverse and representative governance structure within the Waqf Boards.
Critics of the bill, including the All India Muslim Personal Law Board (AIMPLB) and various opposition parties, have expressed strong disapproval, arguing that the changes could pave the way for easier usurpation of Waqf properties by the government or other entities.
The AIMPLB has vocally opposed any amendments that might alter the nature of Waqf properties or simplify their transfer away from the community.
In response to these concerns, the bill elaborates that any government property previously identified or declared as Waqf will not be recognized as such until a district collector investigates and confirms its status. This new procedure is designed to prevent the wrongful declaration of government lands as Waqf properties, addressing long-standing issues of mismanagement and corruption within the system.
The bill proposes renaming the act as the “Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995.
Key Provisions and Changes:
Through the Amendment Bill 2024, the government is going to make 44 amendments
The bill seeks to omit Section 40 of the current law relating to the powers of the Board to decide if a property is Waqf property.It provides for a broad-based composition of the Central Waqf Council and the State Waqf Boards and ensures the representation of Muslim women and non-Muslims in such bodies
- The bill also proposes the establishment of a separate Board of Auqaf for the Boharas and Aghakhanis
- The draft law provides for the representation of Shias, Bohras, Agakhanis and other backward classes among Muslim communities.
- The bill also aims at clearly defining “Waqf as Waqf by any person practising Islam for at least five years and having ownership of such property” D
- One of its objectives is streamlining the manner of registration of Waqfs through a central portal and database.
- A detailed procedure is established for mutation as per revenue laws with due notice to all concerned before recording any property as a Waqf property.
- The bill mandates that Waqf Boards utilise funds from Waqf properties for the welfare of widows, divorcees and orphans, fostering social responsibility and providing support for vulnerable members of the community.
- The bill ensures that the succession rights of heirs and women are upheld, preventing any denial of rightful inheritance during the Waqf period
- 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.
- The bill mandates the publication of a list of Waqf properties, the 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
Management of waqf property
- Before the implementation of this law, no waqf property will be considered as waqf if there is a dispute about it being government property.
- The collector will investigate such property and give his report to the state government and after the report, the state government will change the revenue record
- Within 15 days of the implementation of this law, the state governments will have to publish the list of Auqať, portal and database
- The revenue officer will give 90 days’ notice to 2 local dailies before deciding on mutation
- Section 40 of the Waqf Act 1995 is being removed under which the Waqf Board had the right to declare any property as the property of the Waqf
- The Minister of Minority Affairs will be the chairperson of the board.There will be -3 MPs from Rajya Sabha and Lok Sabha
Three people from Muslim organizations, a “muttallavi of Waqf” whose annual income is more than 5 lakhs, 3 Muslim scholars, 2 former judges of the High Court or Supreme Court, one senior lawyer and 4 people of national importance. Among those nominated from the Mustim community will be 2 Muslim women.
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The Wakf Act of 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
Further stipulations in the bill include stringent requirements for the creation of new Waqf. Property owners must now be lawful and competent to transfer or dedicate property for Waqf, and all Waqf must be duly registered through executed deeds. This includes the ‘waqf-alal-aulad’, ensuring it does not infringe upon the inheritance rights of heirs, including women.
Union Minister Kiren Rijiju cited the need for better administration of Auqaf as the driving force behind the amendment, acknowledging that the previous legislative measures had not achieved the desired effectiveness in managing these religious endowments.
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