More govt control, non-Muslims on board – 5 key proposals in Waqf Bill, 2024 to be tabled in Parliament today

Union Minority Affairs Minister Kiren Rijiju will likely table the Waqf (Amendment) Bill, 2024, in the Lok Sabha today, August 8. With over 40 amendments, the new bill proposes to revoke several clauses in the existing Waqf Act, 1995 – the law governing Waqf boards.

Among other changes, the bill pitches for far-reaching changes in the present Act, including ensuring the representation of Muslim women and non-Muslims in central and state Waqf bodies.

The bill gives the district collector powers to resolve disputes about whether a property is waqf or government land.

The proposed legislation inserts new 3A, 3B, and 3C sections into the existing Waqf Act, 1995, prescribing conditions for the creation of waqf. According to section 3A of the proposed Act, no person shall create a waqf unless he is the lawful owner of the property and competent to transfer or dedicate such property.

Here are key changes in the Waqf Act, 1995, proposed in the Waqf (Amendment) Bill, 2024 as mentioned in the draft of the bill accessed by Mint. 

Non-Muslims on Board

The Waqf (Amendment) Bill, 2024 seeks to amend the Waqf Act, 1995 and proposes to allow a non-Muslim Chief Executive Officer.

“Clause 15 of the Bill seeks to amend section 23 relating to the appointment of Chief Executive Officer and his term of office and other conditions of service so as toprovide the Chief Executive Officer is to be not below the rank of Joint Secretary to the State Government and omit the requirement of him being a Muslim,” reads the bill.

The bill proposes that the Central Waqf Council and state Waqf Boards must have at least two women on the boards and at least two non-Muslim members appointed by the state government to the waqf boards at the state level.

The central council will now consist of a Union Minister, three MPs, three representatives of Muslim organisations, and three Muslim law experts. It will also include two ex-judges, either the Supreme Court or a High Court, four 'people of national repute' and senior union government officials, according to the new bill.

Collector as Arbiter

Among the key changes proposed is to make the district collector the arbiter on whether a property is waqf or government land. Section 3C of the proposed Act states that any government property identified or declared as waqf property, before or after the commencement of this Act, shall not be deemed to be a waqf property.

“If any question arises as to whether any such property is a Government property, the same shall be referred to the Collector having jurisdiction who shall make such inquiry as he deems fit, and determine whether such property is a Government property or not and submit his report to the state Government,” it reads adding in a sub-clause that ‘such property shall not be treated as waqf property till the Collector submits his report.’

As per the existing Waqf Act of 1995, this decision is made exclusively by the Waqf Tribunal.

This clause essentially gives the government control of the disputed land, which earlier used to be with the Waqf bodies.

The proposed legislation also gives the Union government the power to direct the audit of any waqf at any time by an auditor appointed by the Comptroller and Auditor-General of India or by any officer designated by the Central Government for that purpose.

The authority to survey Waqf properties will remain with the district collector or the deputy.

Details on Central Portal

The bill requires that waqfs registered under the existing Waqf Act, 1995, before the proposed legislation, to file details on a central portal within six months of the commencement of the new Act.

Section 3B in the new law states that every waqf registered under this Act, prior to the commencement of the Waqf (Amendment) Act, 2024, has to file the details of the waqf and the property dedicated to the waqf on the portal and database within six months from such commencement.

The details of the waqf include (a) the identification and boundaries of waqf properties, their use and occupier; (b) the name and address of the creator of the waqf, mode and date of such creation; (c) the deed of waqf, if available; (d) the present mutawalli and its management; (e) the gross annual income from such waqf properties; (f) the amount of land revenue, cesses, rates and taxes annually payable in respect of the waqf properties; (g) an estimate of the expenses annually incurred in the realisation of the income of the waqf properties, among others.

Separate Boards for Bohra Muslims

The bill also proposes a separate board for the Bohra and Agakhani communities. It also provides for representation of Shias, and backward classes among Muslims.

The bill's statement of objects and reasons mentions establishing a separate Board of Auqaf for Bohras and Aghakhanis.

Donation Rights

According to the new bill, only practising Muslims can donate their property, movable or otherwise, to the Waqf Council or Board. Only the legal owner can make this decision.

‘Clause 40 of the Bill seeks to omit section 104 related to the application of Act to properties given or donated by persons not professing Islam,” it reads.

The new bill proposes that money received by the Waqf boards must be used for the welfare of widows, divorcees, and orphans, as suggested by the government.