New Delhi: Proposed Waqf (Amendment) Bill 2024 is set to reshape the landscape of Waqf management, promising a more “transparent, accountable, and inclusive” system. This sweeping reform, according to the government, aims to modernise the existing Waqf Act of 1995, while addressing “historical concerns and promoting greater empowerment” within the Muslim community.
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”.
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 transparency and fairness.
Calling the Muslim Waqf Act 1923 a colonial-era law, it has been considered outdated and inadequate for effective 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 Auqaf, 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 Muslim community will be 2 Muslim women.
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.