The BJP-led government is slated to introduce the Waqf (Amendment) Bill, 2024 in the Lok Sabha on Thursday to amend the Waqf Act, 1995. The bill seeks to "effectively address issues" related to the powers of the State Waqf Boards, registration and survey of waqf properties and removal of encroachments. The Waqf (Amendment) Bill, 2024 is listed for introduction by Minority Affairs Minister Kiren Rijiju in Lok Sabha on Thursday.
Samajwadi Party will oppose the Waqf Bill in Parliament, according to the party sources. The government has decided to withdraw the Waqf Properties (Eviction of Unauthorised Occupants), Bill, 2014 which was introduced in Rajya Sabha in February 2014, when the Congress-led UPA government was in power. The Waqf Properties (Eviction of Unauthorised Occupants), Bill, 2014 is listed for withdrawal from Rajya Sabha on Thursday.
Apart from introducing the Waqf (Amendment) Bill, 2024, Rijiju will also introduce The Mussalman Wakf (Repeal) Bill, 2024 which seeks to repeal the Mussalman Wakf Act, 1923. The Waqf (Amendment) Bill, 2024, Waqf Act provides for the renaming of the Waqf Act, 1995, as the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995. It seeks to clearly define "waqf" as waqf by any person practising Islam for at least five years and having ownership of such property and ensure that the creation of Waqf-alal-aulad does not lead to the denial of inheritance rights to women.
It also seeks to omit the provisions relating to the "waqf by user", provide 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, provide for a broad-based composition of the Central Waqf Council and the State Waqf Boards and ensure representation of Muslim women and non-Muslims.
According to the statement of objects and reasons, the bill seeks to provide for the establishment of a separate Board of Auqaf for Boharas and Aghakhanis. It provides for the 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 and providing for a detailed procedure for mutation as per revenue laws with due notice to all concerned before recording any property as waqf property.
The bill seeks to omit section 40 relating to the powers of Board to decide if a property is waqf property, provide for filing of accounts of waqf by mutawallis to the Board through a central portal for better control over their activities, reform the Tribunal structure with two members and provide for appeals against the orders of the Tribunal to the High Court within a specified period of ninety days.