Waqf (Amendment) Bill, 2024:
The Waqf (Amendment) Bill, 2024 was passed by the Lok Sabha and Rajya Sabha.
- The Bill amends the Waqf Act, 1995, allowing the government to regulate Waqf properties and settle related disputes.
- The bill aims to improve Waqf board efficiency, update Waqf definitions, streamline registration, and boost use of technology in record management.
- Waqf refers to an endowment made by a Muslim for charitable or religious purposes, such as building mosques, schools, hospitals, or other public institutions. It is inalienable i.e., it cannot be sold, gifted, inherited or encumbered.
Key Provisions of the Bill 2024:
- Muslim-created trusts under any law will no longer be considered Waqf, ensuring individuals retain full control over their trusts.
- Only practicing Muslims (for at least five years) can dedicate their property to Waqf.
- Properties already registered with Waqf Boards will remain so unless disputed or identified as government land.
- Women must receive their inheritance before Waqf dedication, with special provisions for widows, divorced women, and orphans.
- Section 40 of the original Waqf Act (1995) has been removed, preventing Waqf Boards from arbitrarily declaring properties as Waqf.
- Section 40 of the Waqf Act (1995) gives the Waqf Board the authority to decide whether a property is a Waqf property or not.
- The Waqf tribunals consist of 3 members i.e., a district judge, a state government officer (joint secretary level), and an expert in Muslim law and jurisprudence.
- Aggrieved parties can appeal directly to the concerned High Court within 90 days of receiving the Waqf tribunal’s order.
- An officer above the rank of Collector will investigate government properties claimed as Waqf to prevent any unwarranted claims.
- Waqf institutions’ mandatory contribution to Waqf Boards reduced from 7% to 5% allowing more funds to be allocated for charitable purposes.
- Waqf institutions earning over Rs 1 lakh must undergo audits by State-appointed auditors.
- A centralized portal will automate Waqf property management, improving efficiency and transparency.
- Mutawallis (caretaker of a waqf) must register property details on the central portal.
- The Waqf Boards will include two non-Muslim members for inclusivity, and among Muslim members, at least two must be women.
- Representation from Shia, Sunni, Bohra, Aghakhani, and OBC Muslim communities is also mandated.
- The Limitation Act, 1963, will now apply to Waqf property claims, reducing prolonged litigation.
- The Limitation Act, sets time limits for filing cases to ensure speedy disposal and prevent delays in legal proceedings.
