• durgesh dubey
• 04 Aug, 2024

Wakf Board

There is widespread speculation that the central government may introduce a bill in Parliament this week aimed at amending the powers and procedures of Waqf boards.

According to sources, the Modi government intends to impose restrictions on the Waqf boards' authority to declare any property as Waqf property. On Friday evening, the Cabinet approved approximately 40 amendments to the Waqf Act.

The proposed amendments include a requirement for mandatory verification of claims made by Waqf boards on properties. Additionally, there is a proposal for mandatory verification of disputed properties claimed by Waqf boards. Sources suggest that the bill to amend the Waqf Act may be presented in Parliament next week.

Experts believe that this amendment will have a direct impact in regions like Uttar Pradesh, where Waqf boards are highly active and hold significant land. In 2013, the UPA government had amended the original act, granting greater powers to Waqf boards. Currently, Waqf boards manage approximately 870,000 properties, totaling about 940,000 acres. The Waqf Act of 1995 was enacted to regulate properties designated as 'Awqaf' (property donated and notified as Waqf) under Islamic law.

Previously, the government had taken note of the extensive powers given to state Waqf boards to claim properties and the delays in surveying such properties in many states. The government also considered involving district magistrates in monitoring to prevent misuse of Waqf properties. The bill may address flaws in the appeal process as well. For example, appeals against board decisions are handled by tribunals, but there is no timeframe for resolving these appeals. Tribunal decisions are final, with no provision for appeals in higher courts except for writ jurisdiction.

Likely key proposed changes in the bill include:

• Amendments to Section 9 and Section 14 of the Waqf Act.
• Limiting the powers of the Waqf boards.
• Proposing changes to the composition of the boards.
• Ensuring representation for women in the boards.
• Mandatory verification of land before it is declared as Waqf property by the boards.
• Re-verification of disputed land claimed by state Waqf boards.

"Regarding Waqf, it is governed by Islamic law, which states that Waqf property cannot be sold or bought once established. The property is currently being managed, including some government shops on it, and transparency must be ensured by the government. No new amendments are necessary, but the opinions of stakeholders should be considered before any changes are made. Existing laws are adequate for Waqf management, and women are already represented on the Waqf Board of Uttar Pradesh, with two women members," says Executive Member of the All India Muslim Personal Law Board, Maulana Khalid Rasheed.