In a major decision, the Indian government introduced the Waqf (Amendment) Bill, 2024 as an important legislative reform to enhance the management, regulation, and administration of Waqf properties in India.
What is Waqf ?
Before we dive deep into the waqf amendment bill 2024 let’s understand what is waqf?- Well, waqf is a permanent donation in Islam where a person gives away their property, such as land or money, for charitable or religious purposes. Once designated as waqf, no one can sell or inherit the property. A caretaker called a mutawalli manages it, ensuring the property’s benefits support causes like helping the poor, education, or maintaining religious sites for the community’s welfare.
1. Introduction to the Waqf Amendment Bill, 2024
The Waqf (Amendment) Bill, 2024, introduced in the Lok Sabha, aims to make key changes to the Waqf Act of 1995. The shortcomings observed during the implementation of the original Act led to this amendment, highlighting the need for further improvements in Waqf property administration.
2. Renaming the Act
The first significant amendment is the renaming of the Waqf Act, 1995. The Act will now be called the Unified Waqf Management, Empowerment, Efficiency, and Development Act, 1995. This change reflects a broader mandate and scope for the efficient management of Waqf properties.
3. Redefinition of Waqf
The Bill introduces a revised definition of Waqf. Individuals who have practiced Islam for at least five years and legally own the property they intend to dedicate can create a Waqf.
4. Protection of Women’s Rights in Waqf-alal-aulad
A crucial provision in the Bill is related to Waqf-alal-aulad (family Waqf). The amendment ensures that the creation of such Waqfs does not deny inheritance rights to women heirs. This reform aims to prevent gender discrimination in Waqf properties and ensure women’s rights to inheritance.
5. Creation of Separate Boards for Bohra and Aghakhani Communities
The Bill introduces the provision for establishing separate Waqf Boards for Bohras and Aghakhanis. These communities will have distinct Boards to manage their Waqf properties. This ensures better representation and management according to their community-specific needs.
6. Establishment of a Waqf Asset Management System
A major focus of the Bill is the development of a Waqf Asset Management System, which will serve as a centralized platform for the registration, auditing, and management of Waqf properties. This digital system aims to enhance transparency and streamline the management process through a centralized portal and database.
7. Survey of Waqf Properties to be Conducted by the Collector
Another significant change is the transfer of responsibilities from the Survey Commissioner to the Collector for conducting surveys of Waqf properties. This amendment aligns the procedure with state revenue laws and aims to improve the efficiency of property surveys and ensure accountability.
8. Reduced Annual Contribution for Mutawallis
The Bill reduces the annual contribution required from mutawallis (Waqf managers) to the Waqf Board. They reduced the contribution from 7% to 5% for Waqfs with an annual income exceeding INR 5,000, aiming to ease the financial burden on smaller Waqfs while ensuring that larger Waqfs continue to support the Board’s functions.
9. Enhanced Transparency in Waqf Registration
The Bill mandates the detailed registration of Waqfs through the central portal and database. This includes information on the identification, boundaries, use, and occupiers of Waqf properties. The detailed registration will allow for better management and reduce cases of mismanagement or encroachment on Waqf properties.
10. Penalties for Mismanagement of Waqf Properties
To ensure compliance, the Bill imposes stricter penalties for mismanagement of Waqf properties. A mutawalli found guilty of mismanaging Waqf properties or failing to maintain accounts could face fines ranging from INR 20,000 to INR 1,00,000. Furthermore, failure to adhere to the Central Government’s regulations could result in imprisonment.
11. Changes to the Composition of Waqf Boards
The Bill proposes changes to the composition of Waqf Boards, making them more inclusive by providing representation to non-Muslims and ensuring the inclusion of two women members on every Board. Additionally, representation from Shia, Sunni, Bohra, Aghakhani, and other backward classes will be ensured on the Boards.
12. Provision for Appeals
One of the key changes is the provision allowing for appeals against Tribunal decisions to the High Court. Previously, the Tribunal’s decisions were final, but the new Bill ensures a further level of appeal, providing an additional layer of judicial review for aggrieved parties.
13. Streamlining the Process of Mutation in Land Records
The Bill mandates a public notice of ninety days before any changes in Waqf land records, ensuring transparency and giving affected parties an opportunity to raise objections. This amendment aligns the process with standard land revenue laws.
14. Power to Create Rules for Better Management
The Central Government is empowered to create rules for the effective implementation of the Bill. These rules will cover various aspects such as Waqf asset management, audit procedures, and the process for registering and managing Waqf properties.
15. Conclusion: Toward Efficient Waqf Management
The Waqf (Amendment) Bill, 2024 aims to address the challenges in administering Waqf properties through comprehensive legislative reform.
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FAQ About: Waqf Amendment Bill 2024
The Waqf Act has been renamed as the Unified Waqf Management, Empowerment, Efficiency and Development Act.
A person must be the lawful owner of the property to create a waqf, and the inheritance rights of women heirs must be respected.
Separate Boards for Bohra and Aghakhani communities may be established if necessary.
The Collector replaces the Survey Commissioner for the survey of Waqf properties and other functions related to property disputes.
Fines can range from ₹20,000 to ₹1,00,000, and imprisonment up to six months for failure to comply with waqf regulations.
The annual contribution payable by mutawallis has been reduced from 7% to 5%.