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The Waqf (Amendment) Bill, 2024

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The Waqf (Amendment) Bill, 2024 was introduced in the Indian Lok Sabha on 8 August 2024. It seeks to repeal Mussalman Wakf Act, 1923 and amend the Waqf Act, 1995. The Act regulates waqf property in India, and defines Waqf as an endowment of movable or immovable property for purposes considered pious, religious, or charitable under Muslim law. Every state is required to constitute a Waqf Board to manage waqf. The Bill renames the Act to ‘United Waqf Management, Empowerment, Efficiency and Development Act, 1995’ (UWMEEDA 1995).

Overview

  • The Act allows waqf to be formed by: (i) declaration, (ii) recognition based on long-term use (waqf by user), or (iii) endowment when the line of succession ends (waqf-alal-aulad). 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. It also adds that waqf-alal-aulad must not result in denial of inheritance rights to the donor's heir including women heirs.
  • Omitting the provisions relating to the “waqf by user”.
  • Providing the functions of the Survey Commissioner to the Collector or any other officer not below the rank of Deputy Collector duly nominated by the Collector for the survey of waqf properties.
  • Providing for a broad based composition of the Central Waqf Council and the State Waqf Boards and ensuring the representation of Muslim women and non-Muslims.
  • Providing for establishment of separate Board of Auqaf for Boharas and Aghakhanis.
  • Providing for representation of Shia, Sunni, Bohra, Agakhani and other backward classes among Muslim communities.
  • Streamlining the manner of registration of waqfs through a central portal and database.
  • Providing for a detailed procedure for mutation as per revenue laws with due notice to all concerned before recording any property as waqf property.
  • Reforming the Tribunal structure with two members and providing for appeals against the orders of the Tribunal to the High Court within a specified period of ninety days.
  • Omission of section 107 so as to make the Limitation Act, 1963 applicable to any action under the Act; and omission of sections 108 and 108A relating to special provision as to evacuee waqf properties and Act to have overriding effect.
  • Renaming of the Waqf Act, 1995 as the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995.

Joint Parliamentary Committee

A 31-member JPC has been established to review the Waqf (Amendment) Bill, 2024. The committee will comprise 21 members from the Lok Sabha and 10 from the Rajya Sabha. The formation of the committee was announced by MoMA Kiren Rijiju on 9 August 2024. Trinamool Congress MP Kalyan Banerjee boycotted the JPC meeting.

References

 This article incorporates text by PRS Legislative Research available under the CC BY 4.0 license.

  1. "Centre introduces Waqf Amendment Bill 2024: What is the bill about, key features and more". Business Today. 8 August 2024.
  2. "Waqf Act Amendment Bill: NDA allies JD(U) and TDP support Waqf Bill for transparency, not interference with mosques, in Lok Sabha". The Hindu. 8 August 2024.
  3. Bureau, The Hindu (8 August 2024). "Waqf Bill referred to joint parliamentary panel after Opposition calls it 'draconian' and an attack on the Constitution". The Hindu. {{cite web}}: |last= has generic name (help)
  4. "Government introduces bill to repeal Mussalman Wakf Act, 1923". ANI News. 8 August 2024. Retrieved 9 August 2024.
  5. "21 Lok Sabha MPs on Waqf bill panel, here's who is on it". India Today. 9 August 2024.
  6. "Waqf (Amendment) Bill: Lok Sabha adopts motion naming 21 members for joint panel on Waqf Bill; will have 10 MPs from Rajya Sabha". The Hindu. 9 August 2024.
  7. Chatterjee, Shrabana (7 November 2024). "Opposition members will boycott next JPC meeting: Trinamool Congress MP Kalyan Banerjee". The Hindu. ISSN 0971-751X. Retrieved 26 November 2024.
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