The Waqf (Amendment) Bill, 2024, introduces significant reforms to the existing Waqf Act, aiming to enhance transparency, accountability, and inclusivity in the management of waqf properties. The bill proposes the following key amendments:
Formation of Waqf
Only Muslims who have practiced Islam for at least five years can declare a waqf, provided they own the property. The bill eliminates waqf by user and ensures that waqf-alal-aulad (endowment when the line of succession ends) does not deny inheritance rights to women heirs.
Government Property
Any government property identified as waqf will cease to be so, with the Collector determining ownership in cases of uncertainty.
Dispute Resolution
The bill empowers Collectors to conduct surveys of waqf properties, replacing the Survey Commissioner. The Central Waqf Council’s composition has been revised to include non-Muslim members.
Central Waqf Council
The Council will have two non-Muslim members, and Muslim members must include representatives from Muslim organizations, scholars in Islamic law, and Waqf Board chairpersons. At least two Muslim members must be women.
Waqf Boards
State governments will nominate members to Waqf Boards, including one person from each of the following backgrounds: MPs, MLAs, MLCs, Bar Council members, and non-Muslim representatives. The Board must have representatives from Shia, Sunni, and Backward classes of Muslims.
Tribunals
Tribunals will consist of a District Court judge as chairman and a joint secretary-level officer. The bill allows appeals against Tribunal decisions in the High Court within 90 days.
Central Government Powers
The central government has been empowered to make rules regarding waqf registration, accounts publication, and auditing. The Comptroller and Auditor General (CAG) or designated officers will conduct audits.
Separate Waqf Boards
The bill enables the establishment of separate Waqf Boards for Bohra and Agakhani sects, in addition to existing provisions for Sunni and Shia sects.
These amendments aim to streamline waqf management, enhance transparency, and promote inclusivity.
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