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Key Provisions of the Bill:
Eligibility for Declaring Waqf:
- The Bill stipulates that only individuals who have practiced Islam for at least five years can declare a waqf. Additionally, the declarant must own the property being endowed.
- The Bill stipulates that only individuals who have practiced Islam for at least five years can declare a waqf. Additionally, the declarant must own the property being endowed.
Elimination of 'Waqf by User':
- The Bill removes the concept of 'waqf by user,' which previously allowed properties to be recognized as waqf based solely on prolonged use for religious purposes.
- The Bill removes the concept of 'waqf by user,' which previously allowed properties to be recognized as waqf based solely on prolonged use for religious purposes.
Protection of Inheritance Rights:
- It ensures that waqf-alal-aulad (family waqf) does not disinherit any heirs, including female heirs, thereby safeguarding inheritance rights.
- It ensures that waqf-alal-aulad (family waqf) does not disinherit any heirs, including female heirs, thereby safeguarding inheritance rights.
Survey of Waqf Properties:
- The responsibility for surveying waqf properties is assigned to the Collector or an officer not below the rank of Deputy Collector, as nominated by the Collector.
- The responsibility for surveying waqf properties is assigned to the Collector or an officer not below the rank of Deputy Collector, as nominated by the Collector.
Reformation of Waqf Boards:
- The Bill proposes a more inclusive composition of the Central Waqf Council and State Waqf Boards, ensuring representation from Muslim women and non-Muslims. It also suggests establishing separate Boards for Bohra and Agakhani communities.
- The Bill proposes a more inclusive composition of the Central Waqf Council and State Waqf Boards, ensuring representation from Muslim women and non-Muslims. It also suggests establishing separate Boards for Bohra and Agakhani communities.
Registration and Mutation Procedures:
- A streamlined process for the registration of waqfs through a central portal and database is introduced. The Bill also outlines a detailed procedure for mutation in accordance with revenue laws, ensuring due notice to all concerned parties before recording any property as waqf.
Tribunal Structure and Legal Provisions:
- The Bill reforms the tribunal structure by introducing a two-member system and allows for appeals against tribunal orders to the High Court within ninety days. It also omits certain sections to make the Limitation Act, 1963 applicable to actions under the Act.
- The Bill reforms the tribunal structure by introducing a two-member system and allows for appeals against tribunal orders to the High Court within ninety days. It also omits certain sections to make the Limitation Act, 1963 applicable to actions under the Act.
Current Status:
Following its introduction, the Bill was referred to a Joint Parliamentary Committee (JPC) comprising 31 members from both the Lok Sabha and Rajya Sabha for detailed examination. The JPC has since finalized its report, adopting several amendments proposed during deliberations.
The Waqf (Amendment) Bill, 2024, represents a significant effort to modernize the management of waqf properties in India, ensuring transparency, inclusivity, and the protection of stakeholders' rights.
The Waqf (Amendment) Bill, 2024, introduced in August 2024, seeks to reform waqf property management in India, emphasizing transparency, inclusivity, and protection of inheritance rights.
For a detailed discussion on the recent developments regarding the Waqf (Amendment) Bill, 2024,