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What is Waqf (Amendment) Bill? All you need to know

NEW DELHI: The central government is all set to be tabled the Waqf (Amendment) Bill in Parliament on Wednesday amid strong resistance from the opposition.
While the BJP-led government claims that the bill would improve the administration and management of Waqf properties in the country, the opposition has termed it a "targeted legislation" and "fundamentally against the Constitutional provisions."
BJP's allies -- TDP and JDU -- have offered their support to the bill, with Bihar CM Nitish Kumar-led JDU urging the legislation's implementation not be retroactive.
Here's all you need to know about the bill:

What are the names of the bills and when were they introduced?

The name of the two bills are- Waqf (Amendment) Bill, 2024, and the Mussalman Wakf (Repeal) Bill, 2024. It was introduced in the Lok Sabha on August 8, 2024.

What is its objective?

It aims to modify the Waqf Act, 1995, to address challenges in the regulation and oversight of Waqf properties. The proposed amendments focus on enhancing the administration and ensuring more effective management of Waqf assets across India.

Overcome the shortcomings of the previous act and enhance the efficiency of Waqf boards by introducing changes such as renaming the Act
Updating the definitions of Waqf
Improving the registration process
Increasing the role of technology in managing Waqf records

What are the issues regarding Waqf board?

Following are the issues regarding the Waqf board, according to the central government:

Irrevocability of Waqf properties: The doctrine of "once a Waqf, always a Waqf" has sparked controversies, including claims over islands in Bet Dwarka, which courts have found to be legally complex and challenging.
Legal disputes and poor management: The Waqf Act, 1995, and its 2013 amendment have been ineffective, leading to issues such as illegal land occupation, mismanagement, ownership disputes, delays in registration and surveys, and a surge in litigation and complaints to the ministry.
No judicial oversight: Waqf tribunal decisions cannot be appealed in higher courts, limiting transparency and accountability in Waqf management.
Incomplete survey of Waqf properties: Poor performance by the survey commissioner has caused delays, with surveys yet to begin in Gujarat and Uttarakhand, and a 2014 survey in Uttar Pradesh still pending. Lack of expertise and coordination with the revenue department has further slowed registration.
Misuse: Some state Waqf boards have misused their powers, creating community tensions. Section 40 of the Waqf Act has been widely misused to declare private properties as Waqf, leading to legal disputes. Of 30 States/UTs, only 8 have reported, with 515 properties declared as Waqf under Section 40.
Constitutional validity: The Waqf Act applies solely to one religion, with no similar law for others. A PIL in the Delhi high court questions its constitutionality, prompting the court to request a response from the central government.

How will the bill benefit the poor?

The digitization of Waqf property management through a centralized digital portal will improve tracking, identification, and oversight, ensuring transparency and accountability.
Auditing and accounting measures will prevent financial mismanagement, ensuring funds are used for welfare purposes.
By preventing misuse and illegal occupation of Waqf lands, revenue will increase, allowing Waqf Boards to fund programs in healthcare, education, housing, and livelihood support for the economically disadvantaged.
Regular audits and inspections will further promote financial discipline and build public trust in Waqf management.

Here are key FAQs regarding the bill:

How many non-Muslim stakeholders would be there?
In State Waqf boards, 2 out of 11 members (excluding ex-officio) can be non-Muslims. In central Waqf council, 2 out of 22 members (excluding ex-officio) can be non-Muslims.
What will be the impact of the separation of trusts from Waqf?
Muslim-created trusts will no longer be considered Waqf, ensuring full control over trusts.
How will technology improve Waqf management?
A centralized portal will automate Waqf property management, improving efficiency and transparency.
Who is eligible to dedicate property to Waqf?
Only practicing Muslims, for at least five years, can dedicate their property to Waqf, restoring pre-2013 rules.
What happens to 'Waqf by user' properties?
Registered properties remain Waqf unless disputed or identified as government land.
What are the rights of women in family Waqf?
Women must receive their inheritance before Waqf dedication, with special provisions for widows, divorced women, and orphans.
How will Waqf management be made more transparent?
Mutawallis must register property details on the central portal within six months.
How are Waqf disputes involving government land handled?
An officer above the rank of Collector will investigate government properties claimed as Waqf.
How will Waqf tribunals be strengthened?
A structured selection process and fixed tenure will ensure efficient dispute resolution.
What is the role of non-Muslims in Waqf management?
Two non-Muslim members will be included in the Central and State Waqf Boards for inclusivity.
How will annual contributions to Waqf Boards be reduced?
Waqf institutions' mandatory contribution to Waqf Boards will be reduced from 7% to 5%.
How will the Limitation Act affect Waqf property claims?
The Limitation Act, 1963, will now apply to Waqf property claims, reducing prolonged litigation.
What are the new audit reforms for Waqf institutions?
Waqf institutions earning over Rs 1 lakh must undergo audits by State-appointed auditors.
What does the removal of Section 40 mean for property claims?
Section 40 is removed, preventing Waqf Boards from arbitrarily declaring properties as Waqf