The Waqf (Amendment) Bill, 2024

The government recently referred the Waqf (Amendment) Bill, 2024, to a Joint Committee of Parliament.

Waqf Property: Overview

Definition:

• Waqf Property: Personal property given by Muslims for a specific purpose, be it religious, charitable, or private.
• Ownership: The property is implied to be owned by God, and once declared as Waqf, its character is irrevocably changed.

Governance:

• Legislation: Governed by the Waqf Act, 1995.
• Administrative Structure:
  • Waqf Boards: Constituted under the Act to administer Waqf properties.
  • Waqf Councils: Assist in the management and oversight of Waqf properties.
  • Chief Executive Officers: Appointed for Waqf Boards in states; must be from the Muslim community.
• Comparison: Managed similarly to properties under the Indian Trusts Act, 1882.

Functions of Waqf Boards:

• Administration: Oversee and administer Waqf properties.
• Recovery: Take measures to recover lost Waqf properties.
• Transfer Sanctions: Authorize the transfer of immovable Waqf property (sale, gift, mortgage, etc.) with the approval of at least 2/3rd of the board members.

Major Changes Proposed in the Bill:

1. Renaming of the Act:
   • The Waqf Act, 1995, is proposed to be renamed as the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995.
2. Creation of Waqf:
   • Only lawful property owners who are competent to transfer or dedicate property can create a Waqf.
3. Government Property:
   • Government land identified or declared as Waqf property, before or after the Act’s commencement, shall not be deemed as Waqf property.
   • The government, specifically the Collector, has the authority to decide if a property given as Waqf is government land, not the Waqf Tribunal.
4. Composition of Waqf Boards:
   • Non-Muslim Representation: The Bill allows for a non-Muslim CEO and requires at least 2 non-Muslim members on the state Waqf Boards, giving the state government more flexibility in board composition.