Major Waqf Reforms On Cards As Government Set To Introduce Bill Restricting Board Powers In Parliament Today

The Central government is set to introduce the Waqf (Amendment) Bill aimed to restrict powers of the Waqf board and ensuring participation of muslim women and non-Muslims on Waqf boards in the Lok Sabha today (7 August).

The bill seeks to repeal Section 40 of the current law, which governs the board’s authority to classify Waqf property.

The legislation has been in the works for the last few years with the government meeting various stakeholders, including members of the community, eminent jurist and lawyers.

After lands owned by government entities, including Railways and defence, Waqf accounts for the third-highest number of properties, News18 reported.

Here are some of the key changes proposed in the legislation:

- The new legislation proposes renaming the Waqf Act, 1995, to the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995.

- The term Waqf will be defined by a person practising Islam for at least five years and having ownership of such property.

- The Waqf property inheritance will ensure that women are not deprived of the right to inherit such property.

- The Survey Commissioner to the Collector or any other officer not below the rank of Deputy Collector will be nominated by the Collector for the survey of Waqf properties.

- The Central Waqf Council and the state Waqf Boards will ensure the representation of Muslim women and non-Muslims.

- A separate Board of Auqaf will be established for Bohras and Aghakhanis.

- The Board will include representation of Shia, Sunni, Bohra, Aghakhani, and other backward classes among Muslim communities.

- The registration of Waqf property must be through a central portal and database.

- The legislation proposes a detailed procedure for mutation as per revenue laws with due notice to all concerned before recording any property as Waqf property.

- The new Bill states that the Board will no longer be the sole authority to decide if a property is Waqf property.

- The Bill proposes decreasing the annual contribution from seven per cent to five per cent payable to the Board by ‘mutawalli’ of every Waqf with a net annual income of not less than Rs 5,000.

- The Bill proposes filing of accounts through a central portal for better control over activities.

- The new legislation also proposes restructuring the tribunal with two members and providing for appeals against the orders of the tribunal to the high court within a specified period of 90 days.

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