The Union Government introduced the Waqf (Amendment) Bill, 2024, in Parliament today, proposing significant reforms aimed at improving transparency, accountability, and inclusivity in the management of Waqf properties across India. The bill, which includes around 40 amendments to the existing Waqf Act of 1995, seeks to address concerns over the misuse of Waqf properties and the arbitrary powers held by Waqf Boards, while ensuring greater representation for women and non-Muslim members in Waqf institutions.
One of the central amendments in the bill is the introduction of mandatory verification for all Waqf property claims. This process, which involves the district magistrate, aims to prevent the misuse of properties and ensure that only legitimate properties are designated as Waqf. The bill stipulates that all Waqf properties must be registered with the District Collector’s Office, thereby ensuring an independent and transparent evaluation process.
The bill also clarifies what constitutes Waqf property. Government properties that were identified or declared as Waqf properties, either before or after the Act’s commencement, will no longer be recognised as Waqf properties. The District Collector will have the final say in determining whether a property is Waqf or government land, and their decision will be reflected in the revenue records and reported to the state government. This change shifts the authority from the Waqf Tribunal, which previously had exclusive power over such decisions, to the district administration, thus enhancing government oversight.
Another significant amendment is the removal of provisions allowing properties to be considered Waqf based on oral declarations. Properties without a valid waqfnama (Waqf deed) will be treated as suspect or disputed until the District Collector makes a final determination. This measure aims to reduce disputes and enhance the legitimacy of Waqf properties.
The Waqf (Amendment) Bill, 2024, introduces enhanced dispute resolution mechanisms. Disputes regarding Waqf Board decisions can now be appealed to high courts, providing a more robust legal framework for resolving conflicts. Furthermore, the bill grants the Union Government the authority to order audits of Waqf properties at any time. These audits will be conducted by auditors appointed by the Comptroller and Auditor-General of India or designated officers, ensuring thorough and impartial oversight.
A key focus of the bill is on increasing representation and inclusivity within Waqf institutions. The bill mandates the inclusion of at least two women and two non-Muslim members on the Central Waqf Council and state Waqf Boards. The Chief Executive Officer (CEO) of a Waqf Board, who was previously required to be Muslim, can now be a non-Muslim, provided they hold a rank not below that of a Joint Secretary to the State Government.
The Central Waqf Council, under the new bill, will consist of a Union Minister, three Members of Parliament, three representatives of Muslim organisations, and three Muslim law experts. Additionally, two former judges from either the Supreme Court or High Courts, four individuals of national repute, and senior union government officials will be part of the Council, further diversifying its composition.
One of the most significant changes proposed by the bill is making the District Collector the arbiter in disputes over whether a property is Waqf or government land. Under Section 3C of the proposed Act, any government property identified as Waqf before or after the commencement of the Act will not be deemed as Waqf property until the Collector has conducted an inquiry and submitted a report to the state government. This provision aims to curb the arbitrary powers previously held by Waqf Boards and ensures that Government properties are protected from being misclassified as Waqf.
The bill also mandates that all Waqf properties registered under the existing Waqf Act of 1995 must file their details on a central portal within six months of the new Act’s commencement. This portal will include comprehensive information such as the identification and boundaries of Waqf properties, details of the waqfnama, current management, income generated, and expenses incurred. This initiative is intended to enhance transparency and create a centralised database for better management and oversight of Waqf assets.
In a move to address the unique needs of different Muslim sects, the bill proposes the establishment of separate Waqf Boards for the Bohra and Agakhani communities. It also includes provisions for the representation of Shias and backward classes among Muslims on Waqf Boards, promoting greater inclusivity and catering to the diverse religious and social fabric of the Muslim community in India.
The bill specifies that only practicing Muslims who are the lawful owners of a property can create a Waqf. This provision ensures that the creation of Waqf properties is legally sound and reduces the risk of disputes. Additionally, the bill requires that any money received by Waqf Boards must be used for the welfare of widows, divorcees, and orphans, reflecting the government’s commitment to social justice and welfare.
The Waqf (Amendment) Bill, 2024, represents a significant overhaul of the Waqf Act of 1995, introducing comprehensive reforms to improve the governance, transparency, and accountability of Waqf properties in India. By addressing longstanding concerns over the misuse of Waqf assets and enhancing the inclusivity of Waqf institutions, the bill aims to create a more transparent and equitable system for managing these important religious and charitable assets.
