NEW DELHI: The bill to amend Waqf Act, which is set to be introduced in the current parliamentary session, aims to bring about sweeping changes to the Act of 1995. Union Parliamentary affairs minister Kiren Rijiju said that this move is in response to the continuous demands and representations made by common Muslims for more transparent regulation of Waqf properties.
The bill proposes to rename the Act as the “Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995” and seeks to ensure the representation of Muslim women and non-Muslims in Waqf boards, as well as the inclusion of “Aghakhani waqf” and “Bohra waqf” in addition to the existing Sunni and Shia Waqf boards.
The bill aims to empower women by securing their rights in welfare from Waqf and includes a clause related to the “welfare, maintenance of widow, divorced woman and orphan in such manner, as may be prescribed by the Central Government.”
It also curtails the powers to declare a property as Waqf, stating that no person shall create a Waqf unless they are the lawful owner of the property and competent to transfer or dedicate such property. The bill addresses the contentious provision related to the creation of “waqf-alal-aulad,” clarifying that it shall not result in the denial of inheritance rights of heirs, including women heirs, of the Waqif.
The bill requires every Waqf registered under the Act to file the details of the Waqf and the property dedicated to the Waqf on the portal and database within six months from the commencement of the Waqf (Amendment) Act, 2024.
A significant change proposed in the bill is that any government property identified or declared as Waqf property, before or after the commencement of the Act, shall not be deemed to be a Waqf property. If any question arises as to whether any such property is a government property, the matter shall be referred to the Collector having jurisdiction, who shall make an inquiry and determine whether such property is a Government property or not.
The draft bill also gives the Collector a critical role in the declaration of Waqf properties, saying that such a property will not be declared Waqf until the district magistrate gives a report. Additionally, the bill proposes to curtail the sweeping powers of the tribunal, and the clause that stated that the tribunal’s decision is final is proposed to be omitted.
The bill proposes to rename the Act as the “Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995” and seeks to ensure the representation of Muslim women and non-Muslims in Waqf boards, as well as the inclusion of “Aghakhani waqf” and “Bohra waqf” in addition to the existing Sunni and Shia Waqf boards.
The bill aims to empower women by securing their rights in welfare from Waqf and includes a clause related to the “welfare, maintenance of widow, divorced woman and orphan in such manner, as may be prescribed by the Central Government.”
It also curtails the powers to declare a property as Waqf, stating that no person shall create a Waqf unless they are the lawful owner of the property and competent to transfer or dedicate such property. The bill addresses the contentious provision related to the creation of “waqf-alal-aulad,” clarifying that it shall not result in the denial of inheritance rights of heirs, including women heirs, of the Waqif.
The bill requires every Waqf registered under the Act to file the details of the Waqf and the property dedicated to the Waqf on the portal and database within six months from the commencement of the Waqf (Amendment) Act, 2024.
A significant change proposed in the bill is that any government property identified or declared as Waqf property, before or after the commencement of the Act, shall not be deemed to be a Waqf property. If any question arises as to whether any such property is a government property, the matter shall be referred to the Collector having jurisdiction, who shall make an inquiry and determine whether such property is a Government property or not.
The draft bill also gives the Collector a critical role in the declaration of Waqf properties, saying that such a property will not be declared Waqf until the district magistrate gives a report. Additionally, the bill proposes to curtail the sweeping powers of the tribunal, and the clause that stated that the tribunal’s decision is final is proposed to be omitted.