Waqf Amendment Bill introduced in Lok Sabha, government agrees to send it to JPC for scrutiny

New Delhi, Aug 08: The Waqf (Amendment) Bill, which seeks to “effectively address" issues related to the powers of the State Waqf Boards, registration and survey of waqf properties and removal of encroachments, was introduced in Lok Sabha on Thursday.

The Waqf (Amendment) Bill, 2024, which amends the Waqf Act, 1995, was introduced by Minority Affairs Minister Kiren Rijiju.

Opposition parties including the Congress, DMK, NCP, Trinamool Congress and AIMIM strongly opposed the introduction of the bill, saying its provisions were against federalism and the constitutional provisions. While some members demanded the withdrawal of the bill, many suggested that should be sent to a standing committee.

Rijijiu agreed to the suggestions for further scrutiny of the bill by a parliamentary committee.

"We are not running away anywhere. So, if this has to be referred to any committee, I would like to speak on behalf of my govt - a Joint Parliamentary Committee (JPC) be formed, this Bill be referred to it & detailed discussion be held," he said.

Rijijiu gave a detailed reply to the points raised by opposition parties and said the government was acting on recommendations made by a panel constituted when the Congress-led UPA government was in power.

He also introduced the Mussalman Wakf (Repeal) Bill, 2024 which seeks to repeal the Mussalman Wakf Act, 1923.

The Waqf (Amendment) Bill, 2024, Waqf Act provides for the renaming of the Waqf Act, 1995, as the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995.

It seeks to clearly define “waqf” as waqf by any person practicing Islam for at least five years and having ownership of such property and ensure that creation of Waqf-alal-aulad does not lead to the denial of inheritance rights to women.

It also seeks to omit the provisions relating to the “waqf by user”, provide the functions of the Survey Commissioner to the Collector or any other officer not below the rank of Deputy Collector duly nominated by the Collector for the survey of waqf properties, provide for a broad-based composition of the Central Waqf Council and the State Waqf Boards and ensure representation of Muslim women and non-Muslims.

According to the statement of objects and reasons, the bill seeks to provide for the establishment of a separate Board of Auqaf for Boharas and Aghakhanis.

It provides for the representation of Shia, Sunni, Bohra, Agakhani and other backward classes among Muslim communities, streamlining the manner of registration of waqfs through a central portal and database and providing for a detailed procedure for mutation as per revenue laws with due notice to all concerned before recording any property as waqf property.

The bill seeks to omit section 40 relating to the powers of Board to decide if a property is waqf property, provide for filing of accounts of waqf by mutawallis to the Board through a central portal for better control over their activities, reform the Tribunal structure with two members and provide for appeals against the orders of the Tribunal to the High Court within a specified period of ninety days.'

The government has decided to withdraw the Waqf Properties (Eviction of Unauthorised Occupants), Bill, 2014 which was introduced in Rajya Sabha in February 2014, when Congress-led UPA government was in power.