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The Waqf Board Amendment Bill 2024 will be introduced in Parliament today to amend the old Waqf Board Act. Minority Affairs Minister Kiren Rijiju will introduce the bill after the Question Hour. There has already been controversy over this bill. Organizations like All India Muslim Personal Law Board and AIMIM President Asaduddin Owaisi have strongly opposed this move of the government.
This bill amends the Waqf Acts of 1995 and 2013. The bill renames the Waqf Act 1995 as the Integrated Waqf Management, Empowerment, Efficiency and Development Act 1995 (Integrated Waqf Management, Empowerment, Efficiency and Development Act 1995). This bill will make about 40 changes in the old law. The bill states that despite the laws of 1995 and 2013, there has been no significant improvement in the functioning of the State Waqf Boards and there is a lack of transparency in the management and administration of Waqf properties.
What can change?
The Wakf Act, 1995 will be renamed as the Integrated Wakf Management, Empowerment, Efficiency and Development Act, 1995.
Muslims and non-Muslims will get adequate representation in the Central Waqf Council and State Waqf Boards.
The manner of registration of Waqf is to be streamlined through a central portal and database.
Along with this, the tribunal structure will be improved with two members. The time limit for approaching the court against the order of the tribunal has been fixed within 90 days. The District Magistrate has been given the authority of Survey Commissioner for survey of Waqf properties.
The Waqf Council will include one Union Minister, three MPs, three people from Muslim organisations, three experts on Muslim law, two former judges of the Supreme Court or High Court, one eminent lawyer, four people of national repute, additional or joint secretary of the Government of India etc. It will be mandatory to have two women in it.
The Muslim Waqf Act, 1923 will be amended through a bill.
The government is going to make 44 amendments through the Expiry Amendment Bill 2024. The government will bring two bills related to Waqf in Parliament. Let us tell you here that the Muslim Waqf Act 1923 was implemented by the British Raj to determine and list Waqf properties. The Muslim community complained that the properties of Muslims were being occupied in the country. The Muslim Waqf Act 1923 was made to address this complaint.
The second bill will be a significant amendment to the Wakf Act, 1995
– Repeal of Section 40 of the Wakf Act 1995 under which the Wakf Board had the power to declare any property as Wakf property.
– Ensures representation of Muslim women and non-Muslims.
– There is also a proposal to set up a separate Auqaf Board for Bohras and Aga Khanis.
– Provides representation of Shia, Sunni, Bohra, Agakhani among Muslim communities.
– Waqf should be clearly defined as a property owned by any person who has practised Islam for at least five years and owns such property.
– Streamlining the manner of registration of wakf through a central portal and database, reforming the tribunal structure with two members and providing 30 days time for appeal in the High Court against the orders of the tribunal. The authority of the Survey Commissioner for survey of wakf properties will be vested in the Collector or a Deputy Collector selected by the Collector.
– Due notice to all concerned parties before registering any property as Waqf.
– The Waqf Council will consist of a Union Minister, three MPs, three persons of Muslim heritage, three experts on Muslim law, two former judges of the Supreme Court or High Court, a distinguished lawyer, four persons of national repute, additional or joint secretary of the Government of India, etc. Of which at least two are required to be women.
