The Waqf (Amendment) Bill, proposing sweeping changes to the Act of 1995, is likely to be tabled in the Lok Sabha on Thursday. The legislation circulated to members aims to bring about far-reaching changes in the present Act, including ensuring the representation of Muslim women and non-Muslims in such bodies. The proposed legislation “omits Section 40 relating to the powers of governing Waqf Board to decide if a property is waqf property”. The legislation is likely to be tabled in Lok Sabha on Thursday.
The Bill proposes to rename the Act as the “Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995” and seeks to ensure the representation of Muslim women and non-Muslims in Waqf boards, as well as the inclusion of “Aghakhani waqf” and “Bohra waqf” in addition to the existing Sunni and Shia Waqf boards. The Bill aims to empower women by securing their rights in welfare from Waqf and includes a clause related to the “welfare, maintenance of widow, divorced woman and orphan in such manner, as may be prescribed by the Central Government.”
It also curtails the powers to declare a property as Waqf, stating that no person shall create a Waqf unless they are the lawful owner of the property and competent to transfer or dedicate such property. The Bill addresses the contentious provision related to the creation of “waqf-alal-aulad,” clarifying that it shall not result in the denial of inheritance rights of heirs, including women heirs, of the Waqif. The term Waqf will be clearly defined by a person practising Islam for at least five years and having ownership of such property.
According to its statement of objects and reasons, “Based on the recommendations of the High-Level Committee under the chairmanship of Justice (Retired) Rajinder Sachar and the Report of the Joint Parliamentary Committee on Waqf and Central Waqf Council and after having detailed consultation with other stakeholders, comprehensive amendments were made in the Act in the year 2013.
Despite the amendments, it has been observed that the Act still requires further improvement to effectively address issues related to the powers of the State Waqf Boards, registration and survey of waqf properties, removal of encroachments, including the definition of the “waqf” itself,” according to a statement of objects and reasons of the Bill.
Sources said the government’s priority was to get the legislation passed in the Lok Sabha unanimously, and it was also open to sending it to a joint committee for further discussion. There is a strong possibility that the government may agree to refer the Bill, which is being opposed by some Muslim organisations, to a parliamentary panel. Sources said some parties, which have been supportive of the government’s agenda, have also expressed their reservation over the proposed legislation.
While the All India Muslim Personal Law Board has termed the proposed move as “unacceptable”, Opposition parties on Wednesday demanded that the Waqf (Amendment) Bill be sent to Parliament’s standing committee for scrutiny after it is introduced, with the government saying the Business Advisory Committee will take a call after assessing the sense of Lok Sabha.
Notably, the department-related standing committees of Lok Sabha are yet to be constituted. The House may form a separate panel in the absence of the standing committee to scrutinise the Bill in case the government decides on such a course of action. In the last two months, the government has consulted about 70 groups on the bill, sources said. The bill is aimed at providing justice to poor Muslims and Muslim women apart from freeing Waqf properties from illegal occupation.
After lands owned by government entities, including Railways and defence, Waqf accounts for the third-highest number of properties. However, the value of these lands and the revenue generated do no match. With properties valued in crores, the annual revenue does not cross Rs 200 crore.
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, Sunnis, Bohras, Agakhanis and other backward classes among Muslim communities. The bill also aims to clearly define “‘Waqf’ as Waqf by any person practising Islam for at least five years and having ownership of such property”.
Any government property identified or declared as Waqf property, before or after the commencement of this Act, shall not be deemed to be a Waqf property,” reads the new Bill.
A significant change proposed in the bill is that any government property identified or declared as Waqf property, before or after the commencement of the Act, shall not be deemed to be a Waqf property. If any question arises as to whether any such property is a government property, the matter shall be referred to the Collector having jurisdiction, who shall make an inquiry and determine whether such property is a Government property or not and submit his report to the State Government.
The draft bill also gives the Collector a critical role in the declaration of Waqf properties, saying that such a property will not be declared Waqf until the district magistrate gives a report. Additionally, the bill proposes to curtail the sweeping powers of the tribunal, and the clause that stated that the tribunal’s decision is final is proposed to be omitted.
The bill requires every Waqf registered under the Act to file the details of the Waqf and the property dedicated to the Waqf on the portal and database within six months from the commencement of the Waqf (Amendment) Act, 2024. The registration of Waqf property must be through a central portal and database.
The Bill proposes decreasing the annual contribution from seven per cent to five per cent payable to the Board by ‘mutawalli’ of every Waqf having a net annual income of not less than Rs 5,000. Under the Waqf Act, waqf refers to a property dedicated exclusively for religious or charitable purposes. There are 30 waqf boards in the country, controlling around 8.7 lakh properties spreading on around 9.4 lakh acres.
