"Omission Of Key Section, Removal of Mutawalli...": Amendments In Waqf Act (Photo @syedurahman)

As protests against the controversial Waqf amendment bill that allegedly snatches the Waqf Board’s rights continue, the draft bill involving key changes has been circulated among Lok Sabha members ahead of its introduction. 

The bill, which was cleared by the cabinet on Friday, introduces drastic changes in several provisions while seeking to rename the Waqf Act, 1995, as the Unified Waqf Management, Empowerment, Efficiency, and Development Act, 1995. 

Read Also: Explainer: What Is the Existing Waqf Act?

Among various swaps, the omission of Section 40 of the existing law that determines if a property is a Waqf asset has been a major change in the new amendment. The section provides the Waqf Board with the power to independently claim property as a Waqf asset. According to the new bill, all the assets claimed by the board will undergo a mandatory verification.

Key Amendments Introduced In The Proposed Bill

• Section 3C: Declaration of Waqf asset; 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.”
• Section 3B: Filing of details of waqf on portal and database; “Every waqf registered under this Act, prior to the commencement of the Waqf (Amendment) Act, 2024, shall file the details of the waqf and the property dedicated to the waqf on the portal and database, within a period of six months from such commencement.”
• Section 4: Survey of Auqaf; survey of Auqaf to be conducted by Collector, instead of Survey Commissioner.
• Section 23: Appointment of CEO to Waqf board; “There shall be a full-time Chief Executive Officer of the Board to be appointed by the State Government and who shall be not below the rank of Joint Secretary to the State Government.” (CEO of Waqf Board need not be from Muslim Community as mandated in the 1951 Act).
• Section 36: Registration of Waqf: Collectors (not Board) to inquire genuineness and correctness of the application and submit a report to the board. If Collector is his / her report mentions any dispute in the property, it shall not be registered till the dispute is settled in the competent court.
• Section 52: If Collector directs a person in possession of the Waqf property to deliver the property to the Board and if that order is challenged before the Tribunal, the order of the Tribunal shall not be final. (The decision of the Tribunal can be challenged in court of law).
• Section 64: Removal of Mutawalli; A mutawalli can be removed from office if he or she is a member of association which has been declared unlawful under UAPA.
• Section 104 (omitted): Any property donated by a non-Muslim for a Mosque, Idgah, Muslim graveyard etc shall not be deemed as a Waqf.
• Section 108 B: Centre to make rules to carry out the provisions of Waqf Act, 2024. The rules include, Waqf Asset Management System, details of Waqf to be uploaded on the portal, manner of payments for maintenance of widow, divorced etc.

Read Also: Amid Strong Protest, ‘Massive Consultancy’ Claim For Waqf Act Amendments