Key amendments include mandatory verification of property claims and revisions to the composition and functioning of Waqf Boards to ensure better governance.
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What are the key amendments to the waqf act?
Enhancing Property Verification and Oversight
The proposed amendments emphasize mandatory verification for all Waqf property claims, involving district magistrates in the oversight process. This measure aims to prevent the misuse of properties and resolve disputes more effectively. The bill seeks to limit Waqf Boards’ authority by requiring registration of Waqf properties with the District Collector’s Office, ensuring an independent evaluation.
Defining Government and Waqf Properties
One of the critical changes is the clarification of what constitutes Waqf property. Government properties identified as Waqf properties, either before or after the Act’s commencement, will not be recognized as Waqf properties. The District Collector’s decision on whether a property is Waqf or government land will be final. The collector will update the revenue records accordingly and report to the state government.Addressing Disputes and Oral Declarations
The bill removes provisions that allowed properties to be considered Waqf based on oral declarations. Properties without a valid waqfnama will be treated as suspect or disputed, remaining inactive until the District Collector’s final decision. Disputes with Waqf Board decisions can now be appealed to high courts, providing a legal avenue for resolution.
Auditing and Women’s Representation
To ensure accountability, the Central government will have the authority to order audits of Waqf properties. These audits will be conducted by auditors appointed by the Comptroller and Auditor-General of India or designated officers. Additionally, the amendments aim to ensure women’s representation on the Central Waqf Council and state boards, promoting inclusivity in the decision-making process.
Addressing Arbitrary Powers and Misuse Concerns
These legislative changes are a response to widespread concerns over the Waqf Boards’ arbitrary powers, which have led to extensive land disputes. An example cited is the Tamil Nadu Waqf Board’s claim over the entire Thiruchendurai village, predominantly Hindu, in September 2022. The bill’s provisions aim to curb such practices by introducing a transparent and accountable system for managing Waqf properties.
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Waqf Act amendment
The 1995 Waqf Act governs ‘auqaf’ (assets dedicated and notified as waqf) by a wakif, a person who dedicates property for purposes recognized by Muslim law as pious, religious, or charitable. Amendments made in 2013 under the UPA government granted Waqf Boards broader powers, which have since been controversial.
Several representations from Muslim intellectuals, women, and sects such as Shia and Bohras have underscored the need for changes in the existing law. A preliminary review of laws in Islamic nations like Oman and Saudi Arabia indicated that these countries do not grant such extensive powers to a single entity.
Understanding Waqf Boards
A Waqf Board is a legal entity responsible for managing Waqf properties, ensuring that proceeds are used as intended. Established in 1964, the Central Waqf Council (CWC) supervises and advises state-level Waqf Boards across India. The CWC guides the central and state governments and Waqf boards on property management. Under Section 9(4) of the Waqf Act 1954, it can require boards to provide information on their performance, including financial records and reports.
The 1995 Act, amended in 2013, granted significant powers to Waqf Boards, including the authority to designate a property as Waqf. In disputes regarding a property’s status as Waqf, Section 6 of the 1995 Act states that the Tribunal’s decision is final.
If enacted, this Bill will significantly alter the governance and regulation of Waqf properties in India, aligning practices with those in other Islamic nations where such sweeping powers are not vested in one entity. The Bill is expected to be introduced in Parliament soon.
