New Delhi: The BJP-led government is set to present the Waqf (Amendment) Bill, 2024 in the Lok Sabha on Thursday to amend the Waqf Act, 1995. This bill aims to “effectively address issues” concerning the authority of State Waqf Boards, the registration and survey of waqf properties, and the removal of encroachments.
Minority Affairs Minister Kiren Rijiju is scheduled to introduce the Waqf (Amendment) Bill, 2024 in the Lok Sabha on Thursday.
The Samajwadi Party has indicated that it will oppose the Waqf Bill in Parliament.
Additionally, the government has decided to withdraw the Waqf Properties (Eviction of Unauthorised Occupants) Bill, 2014, which was introduced in the Rajya Sabha in February 2014 under the Congress-led UPA government. This bill is also listed for withdrawal from the Rajya Sabha on Thursday.
Alongside the Waqf (Amendment) Bill, 2024, Rijiju will also introduce The Mussalman Wakf (Repeal) Bill, 2024, which seeks to repeal the Mussalman Wakf Act, 1923.
The Waqf (Amendment) Bill, 2024 proposes renaming the Waqf Act, 1995 to the Unified Waqf Management, Empowerment, Efficiency, and Development Act, 1995.
The bill aims to precisely define “waqf” as property dedicated by an individual practicing Islam for a minimum of five years, who holds ownership of such property. It also seeks to ensure that the creation of Waqf-alal-aulad does not result in the denial of inheritance rights to women.
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The bill also aims to remove provisions related to “waqf by user” and transfer the responsibilities of the Survey Commissioner to the Collector or a designated officer of at least Deputy Collector rank for surveying waqf properties. It proposes a broader composition for the Central Waqf Council and State Waqf Boards, ensuring representation from Muslim women and non-Muslims.
According to the bill’s statement of objects and reasons, it seeks to establish a separate Board of Auqaf for Boharas and Aghakhanis. It includes representation for Shia, Sunni, Bohra, Agakhani, and other backward classes within Muslim communities. The bill aims to streamline waqf registration through a central portal and database and provides a detailed procedure for property mutation according to revenue laws, with due notice given to all concerned parties before recording any property as waqf.
Additionally, the bill proposes the removal of Section 40, which pertains to the Board’s authority to determine if a property is waqf. It also mandates that mutawallis file waqf accounts through a central portal for improved oversight, reforms the Tribunal structure to include two members, and allows for appeals against Tribunal orders to the High Court within ninety days.
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