Explained: What is the Waqf (Amendment) Bill?
By : DC Web Desk
Update: 2024-08-09 11:27 GMT
Hyderabad: To amend the Waqf Act of 1995, the NDA government at the centre tabled the Waqf (Amendment) Bill, 2024 in the Lok Sabha on Thursday.
A political dispute has been triggered by the Union government's proposed amendment to the Waqf Boards Act 1995. The Opposition parties are alleging that the proposals are intended to deprive the Muslim community of its property, possessions, and the "freedom to manage religious affairs" that is protected by Article 26 of the Indian Constitution.
In response, the ruling NDA has stated that the Muslim community itself is demanding Waqf board regulation.
Waqf:
Waqf means any moveable or immovable property for charity by a deed or an instrument, dedicated in the name of god.
Waqf means any moveable or immovable property for charity by a deed or an instrument, dedicated in the name of god.
Waqf Properties:
This practice has been going on even before its documentation. Therefore, properties that have been in use for a long time are considered waqf properties.
This practice has been going on even before its documentation. Therefore, properties that have been in use for a long time are considered waqf properties.
A Waqf property may be kept privately to benefit a person's heirs or used for public charitable purposes. A Waqf property is always held in the name of God and cannot be transferred. Many mosques, schools, graveyards, and refuges are usually supported by the earnings of a Waqf, which helps a lot of Muslims.
Waqf Board:
Waqf Board is a legal body with nominated members, to handle the waqf properties. Each property has a custodian appointed by the board to make sure the proceeds are used for the purposes they were intended for.
Waqf Board is a legal body with nominated members, to handle the waqf properties. Each property has a custodian appointed by the board to make sure the proceeds are used for the purposes they were intended for.
Founded in 1964, the Central Waqf Council (CWC) provides state-level Waqf Boards in India with supervision and guidance. As per the Ministry of Minority Affairs, the Waqf boards, state governments, and federal government are also advised by CWC on property management.
Section 9(4) of the Waqf Act 1954, also directs them to provide the Council with information regarding the board's performance, including financial performance, surveys, revenue records, encroachment of Waqf properties, annual and audit reports, etc.
A new act that was passed in 1995 and revised in 2013 gave the Waqf Board extensive authority to declare a piece of land to be "Waqf Property." In the event of any disagreement over whether a property qualifies as a Waqf, Section 6 of the 1995 Act states that "the decision of the Tribunal in respect of such matter shall be final."
Proposed amendments in Waqf Amendment Bill?
The measure increases government regulation while limiting the authority of Waqf boards to oversee their estates.
The bill proposes requiring all Waqf properties to register with the District Collector's Office, to assess the property. It also states, "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."
The district collector will have the last say in determining whether a piece of land is government land or waqf property.
After making a decision, the collector can submit a report to the state government and make the required adjustments to the revenue record. Additionally, the bill specifies that until the collector reports to the state government, such property will not be considered Waqf property.
Appeals can now be filed in the respective high courts in case of dispute with the Waqf board's judgment.
Currently, even if a property's original declaration is questionable, it can still be regarded as a Waqf. The clause was included because under Islamic law, before the standardization of documentation (waqfnama), the dedication of a property as waqf was primarily done orally.
Since the bill aims to remove such clauses, a Waqf property without a valid waqfnama can be regarded as dubious or subject to dispute. Until the District Collector makes a final decision, the property cannot be used.
Additionally, the amendments grant the central government the authority to "direct the audit of any Waqf at any time by an auditor appointed by the Comptroller and Auditor-General of India, or by any officer designated by the Central Government for that purpose."
It also seeks to ensure women's representation on state boards and the Central Waqf Council.