The Union Minority Affairs Minister, Kiren Rijiju, is expected to table the Waqf (Amendment) Bill, 2024, in the Lok Sabha today, August 8. This bill introduces over 40 amendments, aiming to revise the existing Waqf Act, 1995, which governs Waqf boards. The proposed changes encompass a wide range of aspects, including increased representation for Muslim women and non-Muslims in both central and state Waqf bodies.
One of the key amendments grants the district collector the power to resolve disputes regarding the ownership of property, determining whether it belongs to a Waqf or the government. The bill incorporates new sections (3A, 3B, and 3C) into the existing Waqf Act, 1995, establishing conditions for the creation of Waqfs. Section 3A stipulates that only lawful owners with the capacity to transfer or dedicate property can create a Waqf.
The bill seeks to amend the Waqf Act, 1995, by permitting the appointment of a non-Muslim Chief Executive Officer. Clause 15 of the bill proposes to modify Section 23, relating to the appointment and terms of service of the Chief Executive Officer. The bill mandates that the Chief Executive Officer must hold a rank no lower than Joint Secretary to the State Government and removes the requirement of being a Muslim.
The Waqf (Amendment) Bill proposes a minimum of two women members and two non-Muslim members appointed by the state government on the state-level Waqf boards. The central council will now include a Union Minister, three MPs, three representatives of Muslim organizations, three Muslim law experts, two ex-judges from either the Supreme Court or a High Court, four individuals of national repute, and senior union government officials.
The proposed legislation assigns the district collector the role of determining whether a property is a Waqf or government land, replacing the previous authority of the Waqf Tribunal. Section 3C of the proposed Act clarifies that any government property, previously or subsequently identified as a Waqf property, will not be considered a Waqf property. If there are disputes regarding the ownership of such property, the district collector will conduct an inquiry and submit a report to the state government. The property will remain under government control until the report is submitted.
The bill grants the Union government the authority to direct audits of any Waqf at any time, conducted by an auditor appointed by the Comptroller and Auditor-General of India or a designated Central Government officer. The responsibility for surveying Waqf properties remains with the district collector or deputy.
The bill mandates that Waqfs registered under the existing Waqf Act, 1995, prior to the implementation of the new law, must submit their details on a central portal within six months of its commencement. Section 3B of the new law states that every registered Waqf is required to provide information about the Waqf and the dedicated property on the portal and database. This information includes the identification and boundaries of Waqf properties, their usage and occupier, the name and address of the creator of the Waqf, the mode and date of creation, the deed of Waqf (if available), the current Mutawalli and its management, the gross annual income from the Waqf properties, the amount of land revenue, cesses, rates, and taxes payable annually, and an estimate of the annual expenses incurred in collecting the income of the Waqf properties.
The bill proposes the establishment of a separate board for the Bohra and Agakhani communities, ensuring representation for Shias and backward classes among Muslims. The bill’s statement of objects and reasons mentions the need to establish a separate Board of Auqaf for Bohras and Aghakhanis.
According to the new bill, only practicing Muslims can donate their property, movable or immovable, to the Waqf Council or Board, and only the legal owner can make this decision. Clause 40 of the bill seeks to remove Section 104, which previously allowed persons not professing Islam to donate properties to the Waqf. The bill proposes that funds received by the Waqf boards should be used for the welfare of widows, divorcees, and orphans, as suggested by the government.
