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On August 8, 2024, two payments, the Waqf (Modification) Invoice, 2024, and the Mussalman Wakf (Repeal) Invoice, 2024, have been launched within the Lok Sabha with an intention to streamline the Waqf Board’s work and make sure the environment friendly administration of Waqf properties.
The target of the Waqf (Modification) Invoice, 2024, is to amend the Waqf Act, 1995, to redress the problems and challenges in regulating and managing Waqf properties. The Modification Invoice seeks to enhance the administration and administration of Waqf properties in India.
It goals to: overcome the shortcomings of the earlier act and improve the effectivity of Waqf boards by introducing adjustments akin to renaming the Act; updating the definitions of Waqf; enhancing the registration course of; and growing the function of expertise in managing Waqf information.
What Are Administrative Our bodies Accountable For Waqf Administration In India And What Are Their Roles?
The administration of Waqf properties in India is presently ruled by the Waqf Act, 1995, which is enacted and controlled by the Central Authorities. The important thing administrative our bodies concerned in Waqf administration embrace:
The Waqf Act of 1995, enforced by the Central Authorities, at present regulates Waqf properties. The primary administrative our bodies are: Central Waqf Council (CWC) – Advises the federal government and State Waqf Boards on coverage however doesn’t straight management Waqf properties; State Waqf Boards (SWBs) – Handle and defend Waqf properties in every state; and Waqf Tribunals – Unique judicial our bodies that deal with disputes associated to Waqf properties.
This method ensures higher administration and sooner decision of points. Through the years, authorized adjustments have made Waqf administration extra clear, environment friendly, and accountable.
What Are Points Involved With Waqf Board?
Irrevocability of Waqf Properties: The precept “as soon as a Waqf, at all times a Waqf” has led to disputes, akin to claims over islands in Guess Dwarka, which have been deemed perplexing by courts as nicely.
Authorized Disputes & Poor Administration: The Waqf Act, 1995, and its 2013 modification haven’t been efficient. Some issues embrace unlawful occupation of Waqf land; mismanagement and possession disputes; delays in property registration and surveys; and large-scale litigation circumstances and complaints to the Ministry.
No judicial oversight
Choices by Waqf Tribunals can’t be challenged in greater courts. This reduces transparency and accountability in Waqf administration.
Incomplete survey of Waqf properties
The Survey Commissioner’s work has been poor, resulting in delays; in states like Gujarat and Uttarakhand, surveys haven’t but begun; in Uttar Pradesh, a survey ordered in 2014 remains to be pending; lack of knowledge and poor coordination with the Income Division have slowed the registration course of.
Misuse of Waqf Legal guidelines
Some State Waqf Boards have misused their powers, resulting in group tensions; Part 40 of the Waqf Act has been broadly misused to declare non-public properties as Waqf properties, inflicting authorized battles and unrest; As per data out of 30 States/UTs, knowledge was given solely by 8 States the place 515 properties have been declared as Waqf underneath Part 40.
Constitutional validity of the Waqf Act
The Waqf Act applies solely to at least one faith, whereas no comparable regulation exists for others; and a PIL (Public Curiosity Litigation) has been filed within the Delhi Excessive Court docket, questioning whether or not the Waqf Act is constitutional. The Delhi Excessive Court docket has requested the Central Authorities to answer this situation.
What Steps And Stakeholder Consultations Had been Undertaken By Ministry Earlier than Introducing The Invoice?
The Ministry of Minority Affairs consulted numerous stakeholders which interalia consists of; report of the Sachar Committee, concern raised by public representatives, Media and basic public concerning mismanagement, misuse of powers of Waqf act and underutilization of Waqf Properties by the Waqf establishments. The Ministry additionally consulted with State Waqf Boards.
The Ministry initiated the method of evaluation of provisions of Waqf Act, 1995 and had consultations with stakeholders. Two conferences have been conducted- one in Lucknow on 24.07.23 and one other one at New Delhi on 20.07.23 whereby many of the following points have been mentioned intimately. The consensus was emerged to make appropriate modification within the Act to unravel the issues of the affected stakeholders.
Widening The Base of CWC (Central Waqf Council) and SWB (State Waqf Board) Composition
Function and obligations of Mutawallis; re-structuring of tribunals; enhance the method of registration; declaration of titles; survey of Waqf properties; mutation of Waqf properties; submitting of accounts by Mutawallis; reforms in submitting annual accounts; evaluation of provisions associated to evacuee properties/limitation act; and scientific administration of Waqf properties.
Additional, the Ministry has additionally analysed the worldwide practices on Waqf administration throughout different international locations such because the Kingdom of Saudi Arabia, Egypt, Kuwait, Oman, Pakistan, Bangladesh and Turkey and located that the Waqf Properties are typically regulated by the Legal guidelines and Establishments arrange by the federal government.
What Was The Course of Of Introduction Of Waqf Modification Invoice 2024?
The Waqf Modification Invoice 2024 has been launched with the first goal of addressing shortcomings within the administration and governance of Waqf properties on August 8, 2024; on August 9, 2024, each Homes of Parliament referred the Invoice to a Joint Committee of 21 Lok Sabha and 10 Rajya Sabha members to look at and report on it; preserving in view the significance of the Invoice and its broad ranging implications, the Committee had determined to name memoranda to acquire the views from public generally and specialists/stakeholders and different involved organisations particularly on the provisions of the aforesaid Invoice; the Joint Parliamentary Committee held thirty-six sittings whereby, they heard the views/recommendations of the representatives of assorted Ministries/Departments akin to: Ministries of Minority Affairs, Regulation and Justice, Railways (Railway Board), Housing and City Affairs, Street Transport and Highways, Tradition (Archaeological Survey of India), State Governments, State Waqf Boards and specialists/stakeholders.
The primary sitting occurred on August 22, 2024 and the important thing organisations/ stakeholders consulted throughout the sittings have been All India Sunni Jamiyatul Ulama, Mumbai; Indian Muslims of Civil Rights (IMCR), New Delhi; Muttaheda Majlis-e- Ulema, J&Okay (Mirwaiz Umar Farooq); Zakat Basis of India; Anjuman E Shiteali Dawoodi Bohra Group; Chanakya Nationwide Regulation College, Patna; All India Pasmanda Muslim Mahaaz, Delhi; All India Muslim Private Regulation Board (AIMPLB), Delhi; All India Sufi Sajjadanashin Council (AISSC), Ajmer; Muslim Rashtriya Manch, Delhi; Muslim Girls Mental Group – Dr. Shalini Ali, Nationwide Convener; Jamiat Ulama-i-Hind, Delhi; Shia Muslim Dharamguru and Mental Group; and Darul Uloom Deoband.
Right here Are Primary Variations Between The Waqf Act, 1995 And Waqf (Modification) Invoice, 2024
Title of the Act:
The Waqf Act, 1995 is the unique regulation governing Waqf properties in India.
The Waqf (Modification) Invoice, 2024 renames the act to “Unified Waqf Administration, Empowerment, Effectivity, and Growth Act, 1995,” which displays a broader concentrate on administration and governance.
Formation of Waqf:
Beneath the Waqf Act, 1995, Waqf properties may be fashioned by means of a declaration by the donor or by an act of endowment.
The Waqf (Modification) Invoice, 2024 specifies that properties can solely be declared as Waqf by a working towards Muslim who has been such for at the least 5 years. It additionally ensures that ladies’s rights to inheritance are revered earlier than any dedication to Waqf.
Authorities Property as Waqf:
The Waqf Act, 1995 doesn’t have particular provisions on authorities property being declared as Waqf.
The Waqf (Modification) Invoice, 2024 introduces a provision the place authorities properties recognized as Waqf stop to be thought-about as Waqf, and disputes over such properties shall be resolved by the Collector.
Survey And Registration Of Waqf Properties:
The Waqf Act, 1995 mandates that Waqf properties be surveyed, however this has usually been incomplete or delayed in implementation.
The Waqf (Modification) Invoice, 2024 emphasises that surveys shall be carried out by Collectors underneath state income legal guidelines, guaranteeing correct identification and registration of Waqf properties.
Composition Of The Central Waqf Council:
The Waqf Act, 1995 requires the Central Waqf Council to consist completely of Muslims.
The Waqf (Modification) Invoice, 2024 adjustments this composition by together with two non-Muslims and two Muslim ladies members to make sure broader illustration and variety.
Tribunal Composition:
Beneath the Waqf Act, 1995, Waqf Tribunals are headed by a choose together with Muslim regulation specialists.
The Waqf (Modification) Invoice, 2024 replaces Muslim regulation specialists with a District Court docket choose and a joint secretary from the Ministry of Minority Affairs, making the tribunal extra legally structured.
Attraction on Tribunal Orders:
The Waqf Act, 1995 doesn’t permit straightforward enchantment from Waqf Tribunal selections.
The Waqf (Modification) Invoice, 2024 permits appeals to the Excessive Court docket inside 90 days of the Tribunal’s resolution, offering a possibility for additional judicial scrutiny.
Powers Of Central Authorities:
The Waqf Act, 1995 provides the Central authorities the facility to situation instructions to State Waqf Boards however doesn’t explicitly outline the facility to make detailed guidelines.
The Waqf (Modification) Invoice, 2024 provides the Central Authorities express powers to situation guidelines concerning Waqf registration, auditing, and property administration, guaranteeing better central oversight.
Misuse of Waqf Legal guidelines:
Beneath the Waqf Act, 1995, there have been provisions, particularly underneath Part 40, that allowed Waqf Boards to declare non-public and even authorities properties as Waqf, which led to widespread misuse and disputes.
The Waqf (Modification) Invoice, 2024 removes Part 40 and ensures that solely properties which might be genuinely devoted to Waqf by Muslims are registered as such, defending non-Muslim properties from arbitrary declarations.
In essence, the Waqf (Modification) Invoice, 2024 goals to modernize and enhance the governance of Waqf properties by addressing the inefficiencies and authorized loopholes current within the Waqf Act, 1995, selling better transparency, accountability, and inclusion within the administration of Waqf belongings.
The Committee acquired 97,27,772 memoranda in whole, by means of each bodily and digital mode.
To totally evaluation the Waqf Modification Invoice, 2024, the Committee carried out detailed research visits throughout a number of cities in India. These visits helped members interact with stakeholders, assess floor realities, and collect region-specific insights on Waqf property administration.
The main points of the research visits in 10 cities are as underneath Sept 26 – Oct 1, 2024: Mumbai, Ahmedabad, Hyderabad, Chennai, Bengaluru; Nov 9 – 11, 2024: Guwahati, Bhubaneshwar; Jan 18 – 21, 2025: Patna, Kolkata, Lucknow; the Committee consulted 25 State Waqf Boards (7 in Delhi, 18 throughout visits) to debate administrative challenges and authorized hurdles; thereafter, the Joint Committee accomplished Clause by Clause consideration of all Clauses of the Invoice at their thirty seventh sitting held on twenty seventh January, 2025. The amendments moved by the Members have been put to vote and adopted by majority votes; the Adoption draft report and authorised the Chairperson to current the report on their behalf. The thirty eighth sitting was held on twenty ninth January, 2025; and the Joint Committee submitted its report back to the Hon’ble Speaker of Lok Sabha on 31.01.2025 and laid in each the Homes of the Parliament on thirteenth February, 2025.
What Are Some Of Key Reforms Of The Waqf Modification Invoice 2024?
The proposed amendments underneath this Invoice, 2024 are aimed toward reworking Waqf administration in India by guaranteeing higher governance, transparency, and accountability. It seeks to create a streamlined, technology-driven, and legally strong framework for the administration of Waqf properties, whereas additionally fostering socio-economic improvement for the meant beneficiaries.
Unified Waqf Administration: Key points affecting Waqf properties embrace incomplete survey of Waqf properties; vital backlog of litigations in Tribunal and Waqf Boards; improper account, auditing and monitoring of Mutawallis; the mutation of all Waqf properties has not been accomplished correctly.
Empowerment of Central Waqf Council & State Waqf Boards: Inclusion of various teams like non-Muslim, different Muslim communities, different backward lessons amongst Muslim communities and Girls and many others within the resolution making, to reinforce illustration and effectivity.
Effectivity of State Waqf Boards: a digital portal and database will automate Waqf registration, survey, mutation, audits, leasing, and litigation, guaranteeing scientific, environment friendly, and clear governance.
Growth of Auqaf: Portal-based lifecycle administration will streamline administration; Part 65 mandates Waqf Boards to submit experiences on administration and earnings enhancements inside six months, guaranteeing well timed motion; and part 32(4) permits Waqf Boards to develop Waqf lands into academic establishments, buying facilities, markets, or housing by taking on properties from Mutawallis when needed.
Key Reforms Really helpful By The Joint Committee
The amendments to the Waqf Act, 1995 as beneficial by the Joint Committee on Waqf Modification Invoice, 2024 (JCWAB), introduce progressive reforms, together with:
Key Reforms in Waqf (Modification) Invoice 2024, separation of Trusts from Waqf: Muslim-created trusts underneath any regulation will not be thought-about Waqf, guaranteeing full management over trusts.
Know-how & Central Portal: A centralised portal will automate Waqf property administration, together with registration, audits, contributions, and litigation, guaranteeing effectivity and transparency. This additionally effectively makes use of expertise for the automation of Waqf administration.
Eligibility for Waqf Dedication: Solely working towards Muslims (for at the least 5 years) can dedicate their very own property to Waqf, restoring the pre-2013 provision.
Safety of ‘Waqf by Consumer’ Properties: Already registered properties stay Waqf except disputed or recognized as authorities land.
Girls’s Rights in Household Waqf: Girls should obtain their rightful inheritance earlier than Waqf dedication, with particular provisions for widows, divorced ladies, and orphans.
Clear Waqf Administration: Mutawallis should register property particulars on the central portal inside six months to reinforce accountability.
Authorities Land & Waqf Disputes: An officer above the rank of Collector will examine authorities properties claimed as Waqf, stopping unwarranted claims.
Strengthening Waqf Tribunals: A structured choice course of and stuck tenure guarantee stability and effectivity in dispute decision.
Non-Muslim Illustration: Two non-Muslim members shall be included in each Central and State Waqf Boards to make sure inclusivity.
Diminished Annual Contributions: Waqf establishments’ necessary contribution to Waqf Boards is lowered from 7 per cent to five per cent, permitting extra funds for charity.
Utility of the Limitation Act: The Limitation Act, 1963, will now apply to Waqf property claims, decreasing extended litigation.
Annual Audit Reforms: Waqf establishments incomes over Rs 1 lakh yearly should endure audits by state government-appointed auditors.
Ending Arbitrary Property Claims: The Invoice removes Part 40, stopping Waqf Boards from arbitrarily declaring properties as Waqf, avoiding misuse like declaring complete villages as Waqf.
These circumstances underscored the arbitrary and unregulated energy exercised by Waqf Boards. To handle this, Part 40 of the Waqf Act is being omitted, guaranteeing honest and simply administration of Waqf properties.
What Are Some Cases Of Non-Muslim Properties Declared As Waqf?
As of September 2024, knowledge from 25 States/UTs Waqf Boards reveals that 5,973 authorities properties have been declared as Waqf. Some examples embrace:
As per MoHUA (Ministry of Housing and City Affairs) in September 2024, 108 properties are underneath management of Land and Growth Workplace, 130 properties underneath management of Delhi Growth Authority and 123 properties within the public area have been declared as Waqf properties and introduced into litigation.
Karnataka (1975 & 2020): 40 Waqf properties have been notified, together with farmlands, public areas, authorities lands, graveyards, lakes, and temples.
The Punjab Waqf Board has claimed land belonging to the Schooling Division in Patiala.
Examples of different Non-Muslim properties declared as Waqf:
Tamil Nadu: A farmer in Thiruchenthurai village was unable to promote his land as a result of Waqf Board’s declare over all the village. This sudden requirement prevented him from promoting his land to repay a mortgage for his daughter’s wedding ceremony.
Govindpur Village, Bihar: In August 2024, the Bihar Sunni Waqf Board’s declare over a complete village in August 2024 affected seven households, resulting in a case within the Patna Excessive Court docket. The case is sub-judice.
Kerala: In September 2024, round 600 Christian households in Ernakulam district are contesting the Waqf Board’s declare over their ancestral land. They’ve appealed to the Joint Parliamentary Committee.
Karnataka: In 2024, Farmers protested after the Waqf Board designated 15,000 acres in Vijayapura as Waqf land. Disputes additionally arose in Ballari, Chitradurga, Yadgir, and Dharwad. The federal government, nevertheless, assured that no evictions would happen.
Uttar Pradesh: Complaints have been raised towards alleged corruption and mismanagement by the State Waqf Board.
How Is The Waqf Modification Invoice 2024 Anticipated To Profit The Poor?
Waqf performs a vital function in serving non secular, charitable, and social welfare wants, particularly for the underprivileged. Nevertheless, its affect has usually been lowered as a result of mismanagement, encroachment, and lack of transparency. Some key advantages of Waqf for the Poor:
Digitisation For Transparency And Accountability
A centralised digital portal will observe Waqf properties, guaranteeing higher identification, monitoring, and administration.
Auditing and accounting measures will stop monetary mismanagement and guarantee funds are used just for welfare functions.
Elevated Income For Welfare And Growth
Stopping misuse and unlawful occupation of Waqf lands will enhance income for Waqf Boards, permitting them to increase welfare packages.
Funds shall be allotted to healthcare, schooling, housing, and livelihood help, straight benefiting the economically weaker sections.
Common audits and inspections will promote monetary self-discipline and strengthen public confidence in Waqf administration.
How does the inclusion of non-Muslim members within the Waqf Board and Central Waqf Council contribute to Waqf administration, and what’s the extent of their function and affect in decision-making?
Non-Muslim Stakeholders: Donors, litigants, lessees, and tenants are concerned in Waqf administration, making their illustration in Waqf Boards and the Central Waqf Council (CWC) are important for equity.
Regulation of Secular Actions: Part 96 empowers the Central Authorities to manage governance, social, financial, and welfare points of Waqf establishments, reaffirmed by courtroom rulings.
Oversight Function of Central Waqf Council: The CWC supervises State Waqf Boards, guaranteeing compliance with out direct management over Waqf properties. This highlights that Waqf administration extends past non secular points to financial and monetary regulation.
Non-Muslim Illustration: State Waqf Boards: 2 out of 11 members (excluding ex-officio) may be non-Muslims; and Central Waqf Council: 2 out of twenty-two members (excluding ex-officio) may be non-Muslims.
Whereas selections are made by majority vote, non-Muslim members can contribute administrative and technical experience, enhancing the effectivity and governance of Waqf establishments.
