The Wakf Act 1995 vs The Waqf Amendment Bill 2024: Decoding The Proposed Changes

In the latest development, the Bhartiya Janata Party has shared on X, an explained difference between the Wakf Act of 1995 and the Waqf Amendment Bill 2024.

The Waqf Act of 1995, which governs the management and regulation of Waqf properties in India, is set to undergo significant changes with the introduction of The Waqf (Amendment) Bill, 2024. The proposed amendments seek to improve the governance of Waqf properties, enhance transparency, and potentially reshape property ownership regulations to address longstanding irregularities. This article decodes the key aspects of the proposed bill and how it differs from the existing Waqf Act.

Clarification Of Ownership

One of the major changes in the Waqf (Amendment) Bill is the revision of property ownership regulations. Under the Waqf Act, 1995, the term “any person, of any movable or immovable property” has been used in defining the creation of Waqf. The amendment proposes to replace this with the words, “any person practising Islam for at least five years, of any movable or immovable property, having ownership of such property.”

This change introduces specific conditions for the creation of Waqf, which may prevent ambiguities in ownership and ensure that only rightful owners can establish Waqf properties. By establishing a minimum religious practice period and clear property ownership criteria, the amendment aims to address disputes over Waqf properties and improve transparency in the establishment of Waqfs.

Sec 3(r)(i) shall be omitted

Despite, disputable history of uses of concerned property, they are claimed as waqf properties on the basis of some arbitary incidents, without actual proof. This discrepancy needs to be removed.

Waqf-alal-aulad is a private Waqf

The Waqf (Amendment) Bill, 2024, specifically ensures that the creation of a Waqf-alal-aulad does not infringe upon the inheritance rights of heirs, including women heirs. This provision aligns with the principles of the **Muslim Women (Protection of Rights on Marriage) Act, 2019**, safeguarding the interests of women heirs. It underscores the importance of upholding gender equality in inheritance matters while allowing for the establishment of private Waqf properties.

3B(1) – The proposed provision will bring about transparency which is in sync with contemporary Government practices.

The proposed provision, which mandates that two of the members appointed under clause (c) of the Waqf (Amendment) Bill must be women, and two must be non-Muslim, aims to make the Central Waqf Council more inclusive and diverse. By ensuring representation from both non-Muslim communities and women, the council will be better equipped to address a broader range of perspectives and concerns. This inclusivity is designed to enhance the council’s governance and decision-making, fostering a more equitable system that reflects the interests of all stakeholders.

Section 14(1)(e) provided that two of total members of the Board appointed under this clause, shall be women; provided further that two member of the Board shall be non-Muslim: This is important because it will make the State Waqf Board more broad based where non-Muslim communities as well as women will be represented.

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Sections 107, 108, and 108A Shall Be Omitted

Sections 107, 108, and 108A of the principal Act, which barred the application of the Limitation Act to Waqf properties, are proposed to be omitted. This provision was seen as conflicting with the principle of natural justice by preventing time-bound legal actions related to Waqf properties. By removing these sections, the amendment seeks to ensure that Waqf properties are subject to the same legal limitations as other properties, promoting fairness and accountability in property-related disputes.

Section 104 Shall Be Omited

Section 104 of the principal Act is proposed to be omitted because the definition in Section 3(r) now specifies that Waqf can only be created by practising Muslims of at least five years. This new definition renders Section 104 unnecessary, as it establishes clear criteria for who can create a Waqf, making the previous provisions in Section 104 redundant. Therefore, its omission ensures consistency and clarity in the Act.

A new provision is proposed under 47(1)(c), stating that the Central Government may, by order, initiate the audit of any Waqf at any time, conducted by an auditor appointed by the Comptroller and Auditor General of India, or any officer designated by the Central Government for that purpose. This provision aims to enhance transparency and accountability in the management of Waqf properties by allowing for government-initiated audits, ensuring that financial oversight is maintained.