The Waqf (Amendment) Bill, 2024

The Waqf (Amendment) Bill, 2024

Context:
The Waqf (Amendment) Bill, 2024, is set to be introduced in the Lok Sabha by Minority Affairs Minister Kiren Rijiju. The bill aims to bring significant amendments to the Waqf Act, 1995.

Key Highlights of the Bill:

1.       Amendment of the Waqf Act, 1995:
The bill proposes renaming the Waqf Act, 1995, as the Unified Waqf Management, Empowerment, Efficiency, and Development Act, 1995. This reflects a broader focus on enhancing the management and efficiency of Waqf properties.

2.      Clarification of Definitions:
The bill seeks to define "waqf" more precisely as a waqf created by any person practicing Islam for at least five years and holding ownership of the property in question. It also aims to ensure that the creation of Waqf-alal-aulad does not infringe upon the inheritance rights of women.

3.      Omission of Certain Provisions:
The bill proposes omitting provisions related to "waqf by user" and removing Section 40, which grants the Waqf Board the authority to decide if a property is a waqf property.

4.      Administrative Reforms:
The bill assigns the functions of the Survey Commissioner to the Collector or a designated officer not below the rank of Deputy Collector for surveying waqf properties. Additionally, it proposes a more inclusive composition of the Central Waqf Council and State Waqf Boards, ensuring representation of Muslim women and non-Muslims. It also introduces a central portal for waqf registration and outlines procedures for mutation according to revenue laws.

5.      Special Provisions for Specific Communities:
The bill seeks to establish a separate Board of Auqaf for Boharas and Aghakhanis, ensuring representation for Shia, Sunni, Bohra, Agakhani, and other backward classes within the Muslim community.

Understanding Waqf:
Waqf refers to a charitable endowment under Islamic law, where property is set aside for religious or charitable purposes. Once designated as waqf, the property remains dedicated to this purpose permanently, prohibiting its sale or transfer for other uses.

Central Waqf Council: Key Facts

• Statutory Body: Established under the Waqf Act, 1995, it is an advisory body to the Central and State Governments on matters related to Waqf properties. Initially an advisory body, its role was expanded significantly by the Waqf (Amendment) Act, 2013, empowering it to advise the Central and State Governments on Waqf-related matters. The Council is composed of a Chairperson, typically the Union Minister in charge of Waqf, and up to 20 members appointed by the Government of India.
• Role: Oversees the functioning of State Waqf Boards, issues directives on financial performance, property maintenance, and encroachment prevention.  
• Functions: Advises on Waqf administration, implements government schemes for Waqf development, and seeks information from State Waqf Boards.  
• Challenges: Efficient management of Waqf properties, addressing encroachments, and ensuring transparency in operations.
• Recent Developments: The government is proposing amendments to the Waqf Act to enhance inclusivity, restrict Waqf Board powers, and improve property management