Prime Minister Narendra Modi-led National Democtratic Alliance (NDA) government is slated to introduce the Waqf (Amendment) Bill, 2024 in the Lok Sabha today in a bid to amend the Waqf Act, 1995, that gives the Muslim board vast powers. The Bill brought by the BJP-led government seeks to address issues related to the powers of the State Waqf Boards, registration and survey of waqf properties and removal of encroachments. Minority Affairs Minister Kiren Rijiju is likely to table the bill in the Lok Sabha. As many as 40 changes may be proposed in the bill. Here are 10 things to know:
1. The opposition led by the Congress has urged the government to send the Bill to the Standing committee. Standing Committees are permanent and regular committees which are constituted from time to time in pursuance of the provisions of an Act of Parliament or Rules of Procedure and Conduct of Business in Lok Sabha.
2. The government has also decided to withdraw the Waqf Properties (Eviction of Unauthorised Occupants), Bill, 2014 which was introduced in Rajya Sabha in February 2014, when Congress-led UPA government was in power. The Bill is listed for withdrawal from Rajya Sabha today.
3. Apart from introducing the Waqf (Amendment) Bill, 2024, Rijiju will also introduce The Mussalman Wakf (Repeal) Bill, 2024 which seeks to repeal the Mussalman Wakf Act, 1923. The Waqf (Amendment) Bill, 2024, Waqf Act provides for the renaming of the Waqf Act, 1995, as the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995.
4. The Waqf amendment bill seeks to clearly define “waqf” as waqf by any person practicing Islam for at least five years and having ownership of such property and ensure that creation of Waqf-alal-aulad does not lead to the denial of inheritance rights to women.
5. The bill also seeks to omit the provisions relating to the “waqf by user”, provide the functions of the Survey Commissioner to the Collector or any other officer not below the rank of Deputy Collector duly nominated by the Collector for the survey of waqf properties, provide for a broad-based composition of the Central Waqf Council and the State Waqf Boards and ensure representation of Muslim women and non-Muslims.
6. The bill seeks to provide for establishment of separate Board of Auqaf for Boharas and Aghakhanis. It provides for the representation of Shia, Sunni, Bohra, Agakhani and other backward classes among Muslim communities, streamlining the manner of registration of waqfs through a central portal and database and providing for a detailed procedure for mutation as per revenue laws with due notice to all concerned before recording any property as waqf property.
7. The bill seeks to omit section 40 relating to the powers of Board to decide if a property is waqf property, provide for filing of accounts of waqf by mutawallis to the Board through a central portal for better control over their activities, reform the Tribunal structure with two members and provide for appeals against the orders of the Tribunal to the High Court within a specified period of ninety days.
8. The bill mandates the appointment of a full-time chief executive officer for the Waqf Boards by the state government. This officer must hold a rank no lower than that of a joint secretary in the state government and does not have to be a Muslim.
9. A significant proposed amendment is the repeal of Section 40 of the current law, which gives Waqf Boards the authority to determine if a property is a Waqf asset. The amendments also include changes to the composition of Waqf tribunals and allow for appeals against their decisions in high courts within 90 days.
10. As a result, the current provision stating that “the decision of the tribunal in respect of such matter shall be final” will be removed. This provision, introduced in 2013 during the Congress-led UPA government, has been controversial. Additionally, the issuance of a ‘Waqf deed’ and certification will be required for new properties under assessment.
