Initially introduced in the Lok Sabha in August 2024, the Bill was subsequently referred to a Joint Parliamentary Committee (JPC) for detailed examination. The JPC submitted its report in February 2025.
NEW DELHI: The Waqf Amendment Bill, 2024 is scheduled for presentation in the Lok Sabha on Wednesday, April 2, 2025. This Bill aims to amend the Waqf Act, 1995, which governs the administration of waqf properties in India.
Waqf refers to properties dedicated exclusively for religious or charitable purposes under Islamic law, such as maintaining mosques and graveyards, establishing educational institutions and healthcare facilities, or providing financial aid to the poor and disabled. Any other use or sale of these properties is prohibited.
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Background of the Bill
Initially introduced in the Lok Sabha in August 2024, the Bill was subsequently referred to a Joint Parliamentary Committee (JPC) for detailed examination. The JPC submitted its report in February 2025.
During its deliberations, the committee faced notable incidents, including the suspension of Senior Advocate and All India Trinamool Congress leader Kalyan Banerjee for a day in October 2024 after a heated argument with Bharatiya Janata Party (BJP) leader and former Calcutta High Court judge Justice Abhijit Gangopadhyay.
Key Provisions of the Bill
- Renaming the Act: The Bill proposes to rename the existing legislation to the Unified Waqf Management, Empowerment, Efficiency, and Development Act, 1995, reflecting its broader objective of enhancing the management and efficiency of waqf boards and properties.
- Formation of Waqf:
- The current Act allows waqf to be formed by declaration, long-term use (waqf by user), or endowment.
- The Bill stipulates that only a person practicing Islam for at least five years may declare a waqf and must own the property being declared.
- It removes the provision of waqf by user, where properties could be deemed as waqf based solely on prolonged use for religious purposes.
- It adds that waqf-alal-aulad (family waqf) must not result in the denial of inheritance rights to the donor’s heirs, including female heirs.
- Survey of Waqf Properties:
- The Act provides for the appointment of a Survey Commissioner to conduct surveys of waqf properties.
- The Bill replaces the Survey Commissioner with the District Collector or an officer above the rank of collector chosen by the state to determine the ownership of property and submit a report to the state government.
- Government Property as Waqf:
- The Bill states that any government property identified as waqf will cease to be so.
- The District Collector will determine ownership in case of uncertainty and update the revenue records accordingly.
- Composition of Waqf Boards and Councils:
- The Act constituted the Central Waqf Council to advise the central and state governments and waqf boards, with the Union Minister in charge of waqf as the ex-officio chairperson.
- The Bill proposes that two members of the Council must be non-Muslims. Members of Parliament, former judges, and eminent persons appointed to the Council need not be Muslims. Representatives of Muslim organizations, scholars in Islamic law, and chairpersons of waqf boards must be Muslims. Of the Muslim members, two must be women.
- The Act allowed for the establishment of separate waqf boards for Sunni and Shia sects if Shia waqf constituted over 15% of all waqf properties or waqf income in the state.
- The Bill also allows for separate waqf boards for the Aghakhani and Bohra sects.
- Waqf Tribunals:
- Under the Act, decisions of the waqf tribunal were final, and appeals against its decisions in courts were prohibited.
- The Bill omits the provisions that granted finality to the tribunal’s decisions, allowing orders to be appealed before High Courts within 90 days.
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Key Changes Based on the JPC Report
The JPC’s scrutiny led to several modifications in the original Bill:
- Waqf-by-User Properties: Properties registered as waqf before the enactment of the Bill will remain as waqf, except if the property is in dispute or is a government property. The provision denying registration of waqf-by-user will only have a prospective effect.
- Declaration of Waqf: Only individuals demonstrating that they have been practicing Islam for at least five years should be able to create waqf.
- Determination of Property Ownership: Instead of district collectors, an officer above the rank of collector chosen by the state will be empowered to determine the ownership of property and submit a report to the state government.
- Legal Proceedings: Legal proceedings for the enforcement of any right on behalf of any waqf that has not been registered may be entertained by courts even after the stipulated period of six months if the applicant satisfies the court that there was sufficient cause for not making the application within such period.
- Waqf Tribunal Composition: The tribunal will remain a three-member body with one member having knowledge of Muslim law and jurisprudence. A former or current District Judge shall be the Chairman, and the other member shall be someone who is or has been an officer of the rank equivalent to Joint Secretary to the state government.
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