New Delhi: The Union Minority Affairs Minister, Kiren Rijiju, has introduced a bill to amend the Waqf Act of 1995, which governs the management and administration of waqf properties in the country. This move has sparked strong protests from the opposition, who argue that the proposed changes will undermine the autonomy and powers of state waqf boards.
The Waqf Act was first passed in 1954 and was later replaced by a new version in 1995, which gave the Waqf boards more extensive powers. In 2013, the act was further amended to grant these boards the authority to designate properties as 'waqf property'.
However, concerns have been raised about the misuse of these powers by vested interests for land grabbing, with allegations of corruption within the waqf bureaucracy. The current bill seeks to address these issues by curbing the powers of the waqf boards. Specifically, it proposes to repeal Section 40 of the 1995 Act, which empowered the boards to unilaterally decide if a property is waqf property. Instead, the bill aims to vest this power with the district collector.
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Supporters of the bill argue that these changes are necessary to bring greater transparency and accountability to the management of waqf properties. However, critics contend that the proposed amendments undermine the independence of the waqf boards and could lead to increased government interference in religious affairs. However, the Supreme Court, in the case of Brahmachari versus the State of West Bengal, has ruled that the Waqf Board does not fall within the purview of Articles 25 and 26 of the Constitution of India. Hence, there appears to be no religious interference as such by amending this particular act.
As the bill makes its way through Parliament, the debate over the future of waqf administration in India is likely to intensify, with both sides making their case to the public and the legislature.
KEY AMENDMENTS PROPOSED IN THE WAQF (AMENDMENT) BILL, 2024
Amendment to Section 1: The bill proposes to change the title of the Act from "Waqf Act" to "Unified Waqf Management, Empowerment, Efficiency, and Development Act".
Amendment to Section 3: The bill introduces several new definitions, including "Aghakhani waqf", "Bohra waqf", "Government Organisation", and "Government property". It also amends the definition of "waqf" to include the property of any person practicing Islam for at least five years, of any movable or immovable property, having ownership of such property. Further, Section 3(da) introduces the position of a "Collector," who would exercise powers previously vested in the Board.
Insertion of New Sections 3A, 3B, and 3C: Section 3A states that a waqf can only be created by a lawful owner of the property and should also be competent to transfer or dedicate such property. Section 3B mandates that all existing registered waqfs must file detailed information about the waqf properties on a centralized portal and database within six months. Section 3C clarifies that any government property identified or declared as waqf property shall not be considered a valid waqf property, and in case of any dispute, such property shall not be treated as waqf property until the Collector submits his report.
Amendment to Section 4: The bill transfers the pending surveys of auqaf from the Survey Commissioner to the Collector, who shall conduct the survey in accordance with the revenue laws and submit the report to the State Government. The provisions related to the Survey Commissioner have been omitted.
Amendment to Section 5: The State Government shall upload the notified list of auqaf on the central portal and database within 15 days of publication of the proposed act. It also requires the revenue authorities to provide a 90-day public notice before deciding on any mutation in the land records related to waqf properties.
Amendment to Section 6: The decision of the Waqf Tribunal will no longer be final, and a suit can be brought within two years from the publication of the list of auqaf.
Amendment to Section 7: Similar changes have been made regarding the appeals against the decisions of the Waqf Tribunal, and it has further proposed that an application can be brought even after two years if the applicant satisfies that it had sufficient cause for not making an application within time.
Amendment to Section 9: The bill has introduced changes to the composition of the Central Waqf Council and the Board of Auqaf. Under Section 9, which specifies the Constitution of the Central Waqf Council, the amendment now mandates the inclusion of two non-Muslim members as part of the council.
Amendment to Section 14: This amendment proposes changes to the Composition of the Board of Auqaf. Firstly, the number of women members on the Board has been reduced to only two. Secondly, the Board will now include two non-Muslim members. Additionally, the legislation also proposes that at least one member each be appointed from the Shia, Sunni, and other backward classes among the Muslim communities. Finally, if there are functional auqaf present in the state, the Board must also include one member each from the Bohra and Agha Khani communities.
Amendment to Section 36: The bill makes the execution of a waqf deed mandatory for the creation of a new waqf. It also requires the Collector to inquire about the genuineness and validity of the waqf application before registration. It also proposes that if the application for execution of a waqf is made by any person other than the person administering the waqf, the Board shall, before registering the waqf, give notice of the application to the person administering the waqf and shall hear him if he desires to be heard. Additionally, it also clarifies that if the property is wholly or partly in dispute or is a government property, in such a case, the same shall not be registered as a waqf property until and unless the same is decided by a competent court.
The bill also states that no suit, appeal, or legal proceeding for the enforcement of any waqf property shall be entertained after six months from the amendment's commencement if it has not been registered in accordance with the provisions of this Act.
Amendment to Section 46: The due date for the submission of the yearly statement of accounts has been proposed to be changed from July to October.
Amendment to Section 47: The annual income threshold for mandatory auditing of waqf accounts has been increased from Rs. 50,000 to Rs. 1 lakh. The State Government shall now prepare a panel of auditors, and the Board shall appoint auditors from this panel. Moreover, the Central Government shall also have the power to direct an audit at any time by an auditor appointed by the Comptroller and Auditor-General of India. Additionally, it also empowers the Central Government to order the board to publish such records.
Amendment to Section 61: The bill introduces sub-section (1A) that prescribes imprisonment and fines for mutawallis who fail to perform their duties.
Amendment to Section 69: The second proviso to sub-section (3) has been omitted. A new proviso has been added to sub-section (4), requiring a written notice inviting objections from the affected persons and the general public before making any order.
Amendment to Section 83: The bill proposes changes to the composition and functioning of the Waqf Tribunals. It also allows for the possibility of any other Tribunal being declared as the Tribunal for this Act.
Amendment to Section 84: The bill mandates the Tribunal to decide an application made to a Tribunal for the determination of any dispute, question, or other matter relating to a waqf or waqf property within six months from the date of application, with a further extension of six months if the tribunal records reasons as to why the matter was not decided within the said period of six months.
Amendment to Section 91: The time period for the Board to apply for the acquisition of waqf property has been reduced from three months to one month. The bill also requires the Collector to make the order within one month of the application by the Board.
Insertion of Section 108B: This new section grants the Central Government the authority to establish rules and regulations, including detailed provisions for managing waqf assets, overseeing registration, accounts, audits, and other administrative functions of waqf boards. Additionally, it allows the government to set rules for various procedures and specifics required under different sections of the Act.
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The proposed amendments to the Waqf Act of 1995 represent the government's latest efforts to address the longstanding issues that have plagued the administration and regulation of waqf properties in India.
Though, the original Waqf Act of 1995 was enacted to provide for the better management of waqf properties and related matters. However, over the years, it has become clear that the act has not been effective in actually improving the administration of these auqaf.
In 2013, comprehensive amendments were made to the act based on the recommendations of high-level committees and after detailed consultations with stakeholders. Yet, despite these changes, the government has observed that the act still requires further improvement to address persistent problems. These include issues related to the powers of state waqf boards, the registration and survey of waqf properties, the removal of encroachments, and even the fundamental definition of "waqf" itself.
At present, the Waqf board is said to be the third-largest landholder in India after the Railways and Defence, and many instances of arbitrary use of powers have also been seen through the boards herein.
Hence, this latest move to amend the law is intended to bring greater transparency and accountability to the regulation and monitoring of the over 8.7 lakh waqf properties controlled by waqf boards across the country as it aims to tackle long-standing concerns about corruption and mismanagement in the waqf administration system.
