The Waqf Amendment Bill, 2024 will be tabled in the Lok Sabha on Wednesday, April 2..The Bill which proposes to amend the Waqf Act, 1995, to address regulation of Waqf properties, was first introduced in the Lok Sabha in August 2024. Waqf refers to properties dedicated exclusively for religious or charitable purposes under Islamic law. It can be used for maintaining mosques and graveyards, establishing educational institutions and healthcare facilities or for providing financial aid to the poor and disabled.Any other use or sale of the property is prohibited. The Waqf Act, 1995 was enacted to govern the administration of Waqf Properties (religious endowments) in India. It provides for the power and functions of the Waqf Council, State Waqf Boards, and the Chief Executive Officer, and the mutawalli. The Act also describes the power and restrictions of Waqf Tribunals which act in lieu of a civil court under its jurisdiction.After it was tabled in parliament in August last year, the Bill was sent to a joint parliamentary committee (JPC) for scrutiny. The JPC submitted its report in February this year.However, its meetings were not without incident. In October, Senior Advocate and All India Trinamool Congress leader Kalyan Banerjee was suspended from the JPC for a day after smashing a glass bottle during a heated argument with Bharatiya Janata Party (BJP) leader and former Calcutta High Court judge Justice Abhijit Gangopadhyay..Key provisions of the bill.The Bill seeks to rename the Act to the Unified Waqf Management, Empowerment, Efficiency, and Development Act, 1995, to reflect its broader objective of improving the management and efficiency of Waqf boards and properties.While the Act allowed waqf to be formed by declaration, long-term use, or endowment, the Bill states that only a person practicing Islam for at least five years may declare a waqf. It clarifies that the person must own the property being declared. It removes waqf by user, where properties could be deemed as waqf based solely on prolonged use for religious purposes. It also adds that waqf-alal-aulad must not result in denial of inheritance rights to the donor’s heir including women heirs.While the Act empowered the Waqf Board to inquire and determine if a property is waqf, the Bill removes this provision.The Act constituted the Central Waqf Council to advise the central and State governments and Waqf Boards. The Union Minister in-charge of Waqf was the ex-officio chairperson of the Council. The Act required that all Council members be Muslims, and at least two must be women. The Bill instead provides that two members must be non-Muslims. Members of Parliament, former judges, and eminent persons appointed to the Council as per the Act need not be Muslims. Representatives of Muslim organisations, scholars in Islamic law, and chairpersons of Waqf Boards must be Muslims. Of the Muslim members, two must be women.The Bill empowers the Central government to make rules regarding registration, publication of accounts of waqf, and publication of proceedings of Waqf Boards. Under the Act, State governments could get the accounts of Waqfs audited at any point. The Bill empowers the Central government to get these audited by the CAG or a designated officer.The Act allowed establishment of separate Waqf Boards for Sunni and Shia sects if Shia waqf constituted over 15% of all waqf properties or waqf income in the State. The Bill also allows separate waqf boards for the Aghakhani and Bohra sects.Under the Act, decisions of the Waqf Tribunal were final and appeals against its decisions in Courts were prohibited. The High Court could consider matters on its own accord, on an application by the Board or an aggrieved party. The Bill omits the provisions which granted finality to Tribunal’s decisions. Waqf tribunals' orders may be appealed before High Courts within 90 days as per the Bill..The following are some key changes made to the original Bill based on the JPC report:Waqf-by-user properties registered before the Bill is enacted will remain as waqf except if the property, wholly or in part, is in dispute or is a government property. The provision denying registration of waqf-by-user will only have prospective effect.Only persons showing or demonstrating that they have been practicing Islam for at least five years should be able to create waqf.Instead of District collectors, an officer above the rank of collector who is chosen by the State will be empowered to determine the ownership of property and submit a report to the state governmentLegal proceedings for the enforcement of any right on behalf of any waqf which have not been registered in accordance with the provisions of the Bill may be entertained by courts even after the stipulated period of six months specified, if the applicant satisfies the court that he had sufficient cause for not making the application within such period.Waqf tribunal to remain a three-member body with one member having knowledge of Muslim law and jurisprudence. A former or current District Judge shall be the Chairman and the other member shall be someone who is or has been an officer of the rank equivalent to Joint Secretary to the State government.
