Waqf Board Amendment Bill 2024

The Waqf Board Amendment Bill 2024 aims to address several key issues related to the management and administration of Waqf properties in India. Read here to learn more.

Waqf properties are religious endowments in Islam, which are typically used for charitable purposes.

The Waqf Act 1995 was passed to regulate ‘auqaf‘ (assets donated and notified as Waqf) by a ‘wakif‘ (the person who dedicates the property). The legislation was last amended in 2013.

The amendment seeks to bring more transparency and efficiency in the functioning of Waqf boards, which are responsible for managing these properties.

Here are the key highlights and implications of the Waqf Board Amendment Bill 2024.

Waqf Board Amendment Bill 2024

Centre will introduce the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995 in the Parliament to amend the Waqf Act 1995.

• The proposed legislation “omits Section 40 relating to the powers of Board to decide if a property is waqf property.”
• Instead, the District Collector, a Civil Service official, will now make that decision.
• The Central Waqf Council and state Waqf Boards must have two women on the board.
• The Council will now consist of a Union Minister, three MPs, three representatives of Muslim organisations, and three Muslim law experts.
• It will also include two ex-judges, either the Supreme Court or a High Court, four ‘people of national repute’ and senior union government officials.
• At least two of these should be women.
• Incidentally, these alterations required the creation of a non-Muslim category for the Council and Boards since MPs and government officials cannot be nominated for bodies on a religious basis.
• Under the new law, notice is required before registering any property as Waqf. Further, this registration must take place on a centralised website.
• Authority for a survey of Waqf properties will now be given to the District Collector or their deputy. There will also be a provision to lodge a High Court appeal within 90 days of the Board’s decision.
• In addition, only practising Muslims will be allowed to donate their property, movable or otherwise to the Waqf Council or Board. Also, only the legal owner can take this decision.
• In the new law, money received by the Waqf Board must be used for the welfare of widows, divorcees, and orphans, and that too in the manner suggested by the government.
• Another key proposal is that women’s inheritances must be protected and ensured.
• The bill also proposes a separate board for the Bohra and Agakhani communities. It also provides for representation of Shias, Sunnis, and other backward classes among Muslims.

Other key highlights:

• Digitization of Records: The amendment mandates the digitization of all Waqf property records to ensure transparency and ease of access. This aims to prevent fraudulent claims and encroachments on Waqf properties.
• Centralized Database: A centralized database of Waqf properties will be created. This database will be accessible to both the central and state Waqf boards, facilitating better coordination and monitoring.
• Audit and Accountability: The amendment strengthens audit mechanisms. Waqf boards will be required to submit annual audit reports to the government, ensuring better financial accountability.
• Regulation of Leasing and Encroachments: New regulations will be introduced to manage the leasing of Waqf properties. The amendment aims to prevent unauthorized leasing and encroachments, which have been significant issues in the past.
• Administrative Reforms: The amendment proposes administrative reforms to improve the efficiency of Waqf boards. This includes the appointment of professionals in key administrative roles to enhance the management of Waqf properties.
• Dispute Resolution Mechanism: A streamlined dispute resolution mechanism will be established to handle conflicts related to Waqf properties swiftly and fairly.

Implications of the Waqf Board Amendment Bill 2024

• Enhanced Transparency: Digitizing records and creating a centralized database will make it easier to track and manage Waqf properties, reducing the potential for fraud and mismanagement.
• Better Financial Management: Strengthening audit and accountability measures will ensure that the financial resources of Waqf boards are used appropriately and efficiently.
• Protection of Waqf Properties: By regulating leasing and preventing encroachments, the amendment aims to protect Waqf properties from unauthorized use and exploitation.
• Improved Governance: Administrative reforms will lead to more professional and efficient management of Waqf properties, which could result in better utilization of these resources for charitable purposes.
• Efficient Dispute Resolution: A dedicated dispute resolution mechanism will help in resolving conflicts related to Waqf properties more effectively, reducing the burden on regular courts and ensuring quicker justice.

Waqf Act 1995

The Waqf Act 1995, is an Indian legislation enacted to provide for the better administration of waqfs (endowments made by Muslims for religious, charitable, or pious purposes).

The act aims to ensure effective management and protection of waqf properties and is a crucial part of Islamic charitable law in India.

• Waqf: Under the act, a waqf is defined as the permanent dedication by a person professing Islam of any movable or immovable property for any purpose recognized by Muslim law as pious, religious, or charitable.
• Establishment of Waqf Boards: The act provides for the establishment of Central and State Waqf Boards. These boards are responsible for the administration and management of waqf properties.
• Waqf Tribunal: It establishes Waqf Tribunals in states to resolve disputes concerning waqf properties. The tribunals have the power to adjudicate on various waqf-related matters.
• Survey of Waqf Properties: The act mandates a survey of all waqf properties in the country. Each state is required to appoint a survey commissioner to conduct the survey and maintain records.
• Registration of Waqfs: All waqfs must be registered with the State Waqf Boards. The registration includes details such as the nature of the waqf, its purpose, and the properties associated with it.
• Mutawalli: A mutawalli is the manager of a waqf property. The act outlines the duties, responsibilities, and powers of mutawallis in managing waqf properties.
• Finances and Accounts: The act mandates the maintenance of accounts for all waqf properties and provides for the auditing of these accounts by the Waqf Boards.
• Protection of Waqf Properties: It includes provisions for the protection of waqf properties from encroachment and unauthorized use. The act gives the Waqf Boards the authority to take legal action to reclaim encroached waqf properties.
• Penalties: The act prescribes penalties for failure to register waqfs, non-compliance with orders of the Waqf Boards, and other violations.

Amendments to Waqf Act 1995

The Waqf Act 1995, has been amended several times to address various issues and to strengthen the management of waqf properties. The notable amendments include the Waqf (Amendment) Act, 2013, which brought significant changes, such as:

• Enhanced Penalties: Increased penalties for encroachment and unauthorized occupation of waqf properties.
• Strengthening Waqf Boards: Enhanced powers and functions of the Waqf Boards for better administration.
• Waqf Property Development: Provisions to facilitate the development of waqf properties for generating revenue while ensuring their primary religious or charitable purposes are maintained.

Conclusion

Overall, the Waqf Board Amendment Bill 2024 seeks to modernize the management of Waqf properties, ensuring better transparency, accountability, and protection of these important religious and charitable assets.

Frequently Asked Questions (FAQs)

Q. What is meant by waqf?

Ans: Waqf is the property given in the name of God for religious and charitable purposes. In legal terms, permanent devotion by a person professing Islam, of any movable or immovable property for any purpose recognized by Muslim law as pious, religious or charitable.

Q. Is waqf only for Muslims?

Ans: Waqf by Non-Muslims: The dedicator must profess Islam i.e., believe in the principles of Islam’, he need not be a Muslim by religion. The Madras and Nagpur High Courts have held that a non-Muslim can also create a valid waqf provided the object of waqf is not against the principles of Islam.

Q. What is the Waqf Property Act 2013?

Ans: The Waqf (Amendment) Act, 2013 was intended to address encroachments on waqf properties amongst other things.

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