Amendment to Waqf Act proposes inclusion of non-Muslims and Muslim women in Waqf boards; strips the Board of powers to declare a property as waqf
The proposed legislation ‘omits Section 40 relating to the powers of Board to decide if a property is waqf property.’
As the Union government prepares to amend the Waqf Act, 1995, Union Minister for Minority Affairs Kiren Rijiju said that there is a long-standing demand from “poor Muslim groups” to amend the legislation.
| Photo Credit: PTI
Centre is all set to introduce the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995 in the Parliament this week to amend the Waqf Act 1995.
The proposed legislation “omits Section 40 relating to the powers of Board to decide if a property is waqf property.”
Pressure from poor Muslim groups to amend Waqf Act, says Kiren Rijiju
According to a copy of the bill accessed by The Hindu, the proposed legislation will ensure “representation of Muslim and non-Muslims” in Central Waqf Council and the State Waqf Boards.
The bill proposes registration of Waqf properties through a central portal and database and provides for “detailed procedure for mutation as per revenuelaws with due notice to all concerned before recording any property as waqf property.”
The bill was circulated among Lok Sabha members of parliament on Wednesday.
The bill provides for establishment of separate Board of Auqaf for “Boharas and Aghakhanis” and also ensures “representation of Shia, Sunni, Bohra, Agakhani and other backward classes among Muslim communities.”
The statement of objects and reasons by Union Minister Kiren Rijiju said, “The Waqf Act, 1995, was enacted to provide for the better administration of Auqaf and for matters connected therewith or incidental thereto. However, during the course of implementation of the Act, it is felt that the Act has not proved effective in improving the administration of auqaf.”
The statement further added that based on the recommendations of the High-Level Committee under the chairmanship of Justice (Retired) Rajinder Sachar and the Report of the Joint Parliamentary Committee on Waqf and Central Waqf Council and after having detailed consultation with other stakeholders, comprehensive amendments were made in the Act in the year 2013.
“Despite the amendments, it has been observed that the Act still requires further improvement to effectively address issues related to the powers of the State Waqf Boards, registration and survey of waqf properties, removal of encroachments, including the definition of the “waqf” itself,” it said.
Waqf refers to the properties dedicated exclusively for religious or charitable purposes under the Islamic law. Waqf Boards currently control 8.7 lakh properties spanning 9.4 lakh acres across India with an estimated value of 1.2 lakh crores. It makes them the third largest landowner in India after the armed forces and the Indian Railways. The Act was last amended in 2013.
“The Bill seeks to insert new sections 3A, 3B and 3C relating to certain conditions of waqf, filing of details of waqf on portal and database; and wrongful declaration of waqf. It provides for certain conditions of waqf, filing of details of waqf on portal and database and prevention of wrongful declaration of waqf,” the bill said.
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