The Waqf Amendment Bill, 2024

The Waqf (Amendment) Bill, 2024, was introduced in Lok Sabha on August 8, 2024. It updates the Waqf Act, of 1995, which governs waqf property in India. A waqf is defined as a ‘Donation of property for religious’, educational and charitable purposes under Muslim Law.

Each state must set up a waqf board to manage these properties. Waqf properties are used to help the poor, provide education, and offer healthcare facilities. However, their effectiveness has declined due to legal disputes and corruption in modern times.

The Objective Behind The Introduction Of The Waqf (Amendment) Bill, 2024

The Waqf (Amendment) Bill,2024, aims to update the Waqf Act, 1995, to enhance the administration of Waqf properties in India. Although previous amendments made progress, the bill seeks to further improve the efficiency and management of these properties.

• To enhance the management and administration of waqf properties.
• To clarify the eligibility criteria for creating a waqf.
• To prevent misuse and encroachment of waqf.
• To ensure transparency and accountability through digitalization and better oversight.
• To protect the inheritance rights of females under Islamic Law.

Key Provisions Of The Waqf (Amendment) Bill, 2024

The Bill has been introduced to amend the Waqf Act, of 1995, with many far-sighted amendments. Following are some of the crucial provisions of the Bill:

Eligibility To Create Waqf: Only individuals who have practised Islam for at least five years and own property can create a waqf. This aims to prevent the unauthorized or invalid creation of waqf properties.

Prohibition Of Waqf-Alal-Aulad: The Bill bans the creation of waqf for one’s descendants, ensuring that inheritance rights, especially for females, are protected according to Islamic Law.

Repeal Of “Waqf By User: The practice of recognizing properties as waqf based on long-term religious use without formal documentation is abolished. Instead, formal criteria and clear documentation are required for the property to be recognized as waqf.

Digitalization Of Waqf Records: All waqf properties and records must be digitalized to improve transparency, accessibility, and management.

Strengthening Waqf Board: Waqf Boards are given more powers to oversee and manage waqf properties effectively, with stricter measures to ensure accountability.

Dispute Resolution: The Bill introduces clearer mechanisms for resolving disputes related to waqf properties, aiming to reduce legal conflicts and improve the protection of these assets.

Protection Against Encroachment: Stricter penalties and preventive measures are put in place to protect waqf properties from being encroached upon or misused.

Renaming Of The Act: The Act is proposed to be renamed as “The Unified Waqf Management, Empowerment, Efficient And Development Act, reflecting a major update and improvement in how waqf administration is handled.

How Waqf Board Members Are Chosen:

The Waqf Amendment Bill changes the way members are selected for the Waqf Board. Instead of electing members from specific groups like MPs, MLAs and Bar Council members, the State government can now nominate one person from each group, and they don’t have to be Muslim.

The Board must include two non-Muslim members and have representatives from Shias, Sunnis, and Backward classes of Muslims. If the state has Bohra or Agakhani communities with waqf properties, they must also be represented. The Bill also requires that two Muslim women be members of the Board.

New Waqf Amendment Bill, Enhances Waqf Property Management In India

Redefinition Of “Waqf”:

Only, Muslims who have practised Islam for at least five years and own land can create a Waqf. Waqf for descendants (Waqf-alal-aulad) must follow Muslim inheritance laws, including rights for women. The Bill removes the idea of “ Waqf by the user” based on long-term use.

Reconstitution Of The Administration Board:

1. The Waqf Act will be renamed as the unified Waqf Management, Empowerment, Efficiency, and Development Act, of 1995.
2. A separate Waqf Board can be set up for Bohra and Aghakhani communities if needed.
3. Central and State Waqf Board will Include members from non-Muslim communities, different Muslim groups(Shia, Sunni, Bohra, Agakhani), and at least two women members.

These changes aim to enhance the management and inclusivity of Waqf properties.

Simplification Of Procedures:

The Bill assigns the role of Survey Commissioner to the Collector or a Deputy Collector, who will survey Waqf properties as per state revenue Laws. If set up an online platform and register for Waqf registration, record-keeping, and audits to ensure transparency. The Bill Outlines a clear process for property mutation, including public notices and adherence to revenue laws.

It lowers the annual contribution for Waqf administrators with incomes over five thousand rupees from seven percent to five percent. Additionally, It aligns the Waqf property acquisition process with the 2013 Land Acquisition Act for fair compensation and transparency.

Accountability Is Upheld And Redressal Of Dispute:

• It gives the Right to the Collector to ensure whether the Property is Government property or Waqf Property if there is a dispute.
• It also provides for more severe sentences imposed on Mutawallis where they fail to maintain Proper Accounts, fail to deliver Waqf Properties as per orders or act in a way disadvantageous to the best interest of the Waqf
• A Tribunal has been reconstituted with two members for better functioning in the Decision-Making Process.
• The high court shall entertain an appeal within ninety days of an order passed by the Tribunal, thus unequivocally providing a legal recourse for a Redressal.

These changes reflect a comprehensive attempt to modernise the administration of Waqf, to protect stakes, and to ensure efficient and transparent management of Waqf properties.

Eligibility Criteria For Creation Of A Waqf

The Bill Amends the definition of "Waqf" to provide- that Waqf shall only be created by a person who has been "Practising Islam for at Least Five Years" and has ownership related to any Movable or Immovable Property". This brings in two Critical Clarifications:

• Religious standing: The mandate of Waqf whereby the waqif "has been practising Islam for at least five years" sets out a religious criterion for creating Waqfs. This will ensure that the one who intends to dedicate his property for religious or charitable purposes is committed to Islam.
• Unmistakable Ownership: The amendment incorporates that, for Waqf, it is important for the waqif to "have ownership of such property" to be dedicated to the Waqf. This provides that a person who tries to form a Waqf over property on which he does not have full ownership or part, cannot be a valid Waqf. This provision will avert likely legal hassles and disputes regarding obscure ownership claims at the time of Waqf creation.

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Formal Dedication By A Waqf Deed:

The Bill provides that "on and from the commencement of the Waqf (Amendment) Act, 2024, no Waqf shall be created without execution of a Waqf deed". By making it a mandatory provision for creating future Waqfs through a deed in writing, the Bill ensures standardisation and legal clarity in the declared dedications of property, thereby reducing legal disputes to a great extent in cases based on informal modes or dependent on an oral declaration.

Protection Of Inheritance Rights In The Waqf-Alal-Aulad:

The Bill ensures that creating a Waqf-Alal-Aulad does not deprive heirs, including women, of their inheritance rights. This type of Waqf initially benefits the founder’s descendants before other charitable causes. The bill clarifies that such dedication can not override inheritance rights under Islamic law, protecting the rights of female heirs. It aims to prevent the misuse of Waqf, safeguard inheritance rights, especially for women, and promote transparency and accountability in managing Waqf properties.

Wrongful Declaration Of Government Property As Waqf Property

The Bill addresses the problem of government property being declared as Waqf property through the insertion of a new Section 3C:

• Declaration Of Government Property As Waqf:

Section 3C(1) clearly states that any government property, whether identified as Waqf property before or after this Act, will not be considered Waqf property. This means that Government property can not be classified as Waqf property, regardless of any past or future claims.

• Authority Of Collector In Deciding Dispute Over Ownership: The Bill gives the Collector the authority to decide the title of a property. According to section 3C(2), if there is a question about whether a property is government-owned, it must be referred to the collector. The collector must then investigate and determine if it is government property. Until the collector’s report is submitted, the property cannot be treated as Waqf property, ensuring there is no assumption about its status.
• Updating Of Revenue Records: The Bill outlines the steps to follow if land is wrongly classified. According to section 3C(3), once the collector identifies a property as government-owned, they must update the revenue records and report this to the state government. This ensures that the land records accurately reflect the correct ownership after the collector’s decision.

Penalties For Mutawalli Non-Adherence With The Rules

The Bill provides for several penalties for failure of the mutawalli to adhere to the provisions of the Act. It provides the following:

Increment In Fines For Existing Offences

• Mutawali’s failure to perform duties: The Bill amends Section 61(1) of the Act to provide for an enhanced fine for a mutawalli’s failure to perform duties as laid out in clauses (a) to (d). It includes maintenance and submission of audit reports, allowing for inspection, and furnishing information to the Board. The clause amends the fine from “Ten Thousand Rupees” to not less than “Twenty Thousand Rupees” but which may extend to “Fifty Thousand Rupees.”

Punishment For New Offences

The Waqf Amendment Bill 2024 introduces new offenses and corresponding punishments to safeguard waqf properties:

• Encroachment on Waqf Property: Individuals found guilty of illegally occupying or encroaching on waqf property can face imprisonment of up to 2 years, along with a fine.
• Misuse of Waqf Funds: If a Mutawalli or any person responsible for managing waqf funds is found misusing them, they may face imprisonment of up to 3 years and a penalty.
• Failure to Provide Information: Failing to provide necessary information or documents related to waqf management upon request may result in a fine and possible imprisonment of up to 6 months.

These punishments aim to strengthen accountability and protect waqf properties from misuse or mismanagement.

Modified Grounds For Removal

• Failure to maintain and submit accounts: The Bill seeks to amend Section 64(1)(g) of the Act which provides for removal of mutawalli for failure to maintain and submit accounts. The amendment has shortened the period of non-compliance from "Two Consecutive Years" to "One Year." Now, he who fails, "Without reasonable excuse, to maintain regular accounts for one year or has failed to submit, within one year, the yearly statement of accounts, as required by section 46," may be removed from office.
• Membership in unlawful organisations: There is now new ground for removal of a mutawalli under the Bill. Section 64 (1)(l) provides that "a mutawalli is a member of any association which has been declared unlawful under the Unlawful Activities (Prevention) Act, 1967," the Board can remove him from his position.

These amendments unequivocally imply that the enforcement mechanisms of the Act are going to be made more stringent and the mutawallis are going to be made more accountable in their discharge of their declared obligations under the Act so that the Waqf properties are efficiently administered.

Introduction Of New Grounds Of Disqualification Of Mutawalli

Section 50A of the Bill introduces new disqualifications for Mutawallis (managers of waqf properties). These include:

1. Age: A Mutawalli must be at least 21 years old.
2. Mental Fitness: A person of unsound mind cannot serve as Mutawalli.
3. Financial Stability: An undischarged insolvent is disqualified.
4. Criminal Record: Anyone convicted and sentenced to at least two years in prison is barred.
5. Encroachment: Those found guilty of encroaching on waqf property cannot serve.
6. Past Removal: Individuals previously removed for mismanagement or corruption are disqualified.

These changes ensure better management and protect waqf properties.

Change In The Composition Of The Central Waqf Council And State Waqf Boards

The Bill has tried to make both the Central Waqf Council as well as the State Waqf Boards all-inclusive by providing representation to Muslim women, non-Muslims, and different Muslim communities:

• Central Waqf Council: The Bill amends Section 9 to add two non-Muslim members to the Council. Besides, it mandates that at least one of the two members of those nominated by clause (c) to be a woman.
• State Waqf Boards: The Bill has amended Section 14 to include two non-Muslim members on each State Waqf Board. It has provisions for at least two women members in each Board. It provides representation of Shia, Sunni, and other backward class members amongst the Muslim community; it may also include members from Bohra and Aghakhani communities if they have functional Waqfs in the state or union territory.

Changes In Registration Of Waqfs

The Bill proposes changes to improve waqf registration and record-keeping:

1. Compulsory Waqf Deed: All new waqfs must have a waqf deed.
2. Centralized Portal: Though not mentioned in the Bill, the "Statement of Objects and Reasons" suggests creating a central online portal and database for waqf registrations.
3. Collector's Role: The Collector will verify if the property is disputed or government-owned before waqf registration.
4. Public Notice for Mutation: A 90-day public notice in local newspapers will be required before changing land records, allowing affected parties to raise concerns.

Amendments To The Structure And Functioning Of The Tribunals

The Bill proposes significant changes to Waqf Tribunals:

1. Composition: Tribunals will now have two members instead of three: a Chairperson (a current or former District Judge) and a Member (a former officer of Joint Secretary rank).
2. Chairperson's Authority: The Chairperson can act alone if the Member is absent, preventing delays.
3. Direct Appeals: If no Tribunal exists, appeals can go directly to the High Court.
4. Fixed Tenure: The Chairperson and Member will have a five-year term or until they turn 65, whichever comes first.
5. Time-bound Decisions: Tribunals must decide cases within six months.
6. Appeals to High Court: Appeals against Tribunal decisions must be filed within 90 days.

Conclusion

The Waqf Amendment Bill, 2024, is thus a bundle of many long-awaited reforms aimed at changing the issues related to mismanagement, transparency, and efficiency in India related to Waqf property. It seeks to revive the Waqf system, conserving it as a cultural and religious heritage but at the same time promoting its contribution to socioeconomic development. With the continuation in commitment of reform, effectiveness of practice, and innovation, it shall make a big difference in social welfare, education, and community development and ensure the Waqf institutions become beneficial to the Muslims and society at large.