The Waqf (Amendment) Bill, which seeks to overhaul the legislations governing the functioning of Waqf boards, is likely to be introduced in the Parliament today (7th August), as been widely reported in the media. The proposed bill renames the Waqf Act (1995) as the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995. The draft wants to establish separate boards of Auqaf for Bohras and Aghakhanis. It also proposes broad-based representation for Shias, Sunnis, Bohras, Agakhanis and other backward classes among Muslim communities as well as including a few non-Muslims.
#TimesNow has accessed the Waqf Amendment Bill
— TIMES NOW (@TimesNow) August 7, 2024
The govt says that demand has been coming for a long time from the Muslim community and that there were several instances where illegal land was occupied by the Waqf Board and the Muslims didn't have any option…: @mohitbhatt90… pic.twitter.com/rS8Y5I6RTn
Notably, as per reports, the government is slated to table two bills named the Waqf (Amendment) bill 2024 and the Mussalman Wakf (Repeal) bill 2024. The Waqf act 1995 was last amended in 2013. The draft legislation is slated to face opposition from the I.N.D.I. alliance parties and Muslim organisations.
IUML MPs Mr Basheer, Dr Samadani and Mr Kani have opposed the introduction of 2 BILLS
— Rahul Shivshankar (@RShivshankar) August 7, 2024
1. THE WAQF (AMENDMENT) BILL, 2024
2. THE MUSSALMAN WAKF (REPEAL) BILL, 2024
The MPs say the
Waqf Amendment Bill 2024 is in:
1.Violation of Article 25, 26, 27 and 28 freedom of religion…
The proposed legislation has reportedly omitted the controversial section 40 of the act which relates to the powers of the Waqf board to decide if a property is Waqf property.
Very well researched waqf amendment bill 2024 has been prepared the central govt. I thank the government for understanding the issue and bringing legislative changes to it. This bill will solve the issue and stop the illegal activities under the garb of waqf.
— Vishnu Shankar Jain (@Vishnu_Jain1) August 7, 2024
The draft legislation aims to overcome the shortcomings and enhance the efficiency of the administration and management of the waqf properties as it has been felt that the 1995 act didn’t prove effective in improving the administration of the auqaf.
It also wants to ensure that the establishment of waqf-alal-aulad does not deny inheritance rights to women. Other provisions in the proposed bill include transferring the functions of the Survey Commissioner to the Collector or any other officer who will not be below the rank of Deputy Collector duly nominated by the Collector for the survey of waqf properties. With this proposal, the bill will effectively curtail the power of the waqf board.
Additionally, it wants to streamline the registration of waqfs through a central portal and database as well as provide for a detailed procedure for mutation as per revenue laws and ensure that notice is duly given to all concerned parties before recording any property as Waqf property.
It also proposes reforms in the Tribunal structure and allows appeals against the Tribunal orders before the High Court within a specified period of ninety days.
It has also omitted several sections like 107, 108 and 108A. It wants to make the Limitation Act, 1963, applicable to any action under the Act and the latter omissions relate to special provisions as to evacuee waqf properties and Act to have an overriding effect.
As per the New Indian express, the major changes in the proposed amendment bill includes –
- In the draft legislation, Clause 3 wants to amend section 3 relating to definitions to amend and substitute some definitions to provide new definitions like Aghakhani waqf, Bohra waqf, Collector, Government Organisation and Government property among others.
- Clause 9 of the Bill will amend the section 9 of the act that relates to the establishment and constitution of the Central Waqf Council. This will provide a broad-based composition and make provisions for including two members from the non-Muslim community.
Clause 10 of the Bill proposes to amend section 13 which relates to incorporation. It wants to provide the establishment of a separate Board of Auqaf for Bohras and Agha Khanis, if deemed necessary.
Modi in Action Mode!
— The Jaipur Dialogues (@JaipurDialogues) August 7, 2024
The Waqf Bill is very Comprehensive and will be a Big Jolt to Muslims!
Prediction that Modi will be in Action Mode Against Muslims has come True! pic.twitter.com/KO0n17v2i2
Excerpts from THE WAQF (AMENDMENT) BILL, 2024:
— Arvind Gunasekar (@arvindgunasekar) August 7, 2024
Section 3C: Wrongful declaration of waqf.
“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.”
“If any question arises as to…
Similarly, Clause 11 will amend section 14 that relates to the composition of the Board. This will make the composition of the State Waqf Board broad-based as it would make provisions for two members from the non-Muslim community.
- Clause 5 will substitute section 4 that was related to the preliminary survey of waqf and it would replace the Collector in place of the Survey Officers. This will confer powers upon the Collector to survey in accordance with the procedure in revenue laws of the State.
- Clause 15 proposes to amend section 23 that relates to the appointment of Chief Executive Officer and his term of office and other conditions of service. After the amendment, the Chief Executive Officer will be not below the rank of Joint Secretary to the State Government and it will omit the requirement of him being a Muslim.
- Clause 41 will omit sections like 107, 108 and 108A relating to Act 36 of 1963.
- Clause 42 will insert new section 108B that will be related to the power of the central government to make rules.
- Clause 43 will amend section 109 which relates to the power to make rules.
Clause 44 seeks to amend section 110 that relates to the powers of the board to make regulations.
