Government to Introduce Waqf (Amendment) Bill, 2024 in Lok Sabha
The government plans to introduce the Waqf (Amendment) Bill, 2024, in the Lok Sabha, aiming to update the Waqf Act of 1995. This proposed legislation introduces several key changes, including the role of the district collector in resolving Waqf property disputes.
Under the new Bill, the Waqf Act's title will be changed to "Unified Waqf Management, Empowerment, Efficiency, and Development." It will grant the district collector authority to determine whether a property is Waqf or government land, a significant shift from the current system where the Waqf tribunal handles such decisions. The Bill's new Clause 3C specifies that government properties declared as Waqf will not be considered as such until the district collector completes an inquiry and submits a report.
The Bill also seeks to amend Section 6 of the original Act, which currently mandates that tribunal decisions on Waqf matters are final. The new Bill proposes removing this finality clause, potentially allowing the government to influence Waqf property decisions more directly.
Additionally, the Bill will eliminate the concept of "waqf by use," which previously allowed properties to be recognized as Waqf based on their usage even without formal documentation. The updated provisions will require a valid Waqf deed for the registration of new Waqf properties, as detailed in the revised Section 36.
Furthermore, the Bill introduces a process where the Waqf Board must submit registration applications to the district collector for verification. If the collector identifies any disputes or government ownership, the registration will be put on hold until resolved by a competent court.
The Bill also proposes removing the requirement that the CEO of a Waqf Board must be a Muslim, a stipulation present in the original Act.
The proposed amendments have sparked strong reactions from various groups. The All India Muslim Personal Law Board (AIMPLB) has expressed strong opposition, urging rejection of the changes and calling on opposition parties to resist the Bill. Government proponents argue that the amendments are necessary for improving transparency in the management of Waqf properties.
