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The Union Cabinet has approved significant amendments to the Waqf (Amendment) Bill, 2024, incorporating key recommendations from a parliamentary panel. The revised bill is slated for discussion and passage in the upcoming session of Parliament.
Key Amendments:
- Redefinition of Waqf Properties: The bill proposes the elimination of the “Waqf by user” provision, which previously allowed properties to be designated as Waqf based on long-term use for religious purposes. Now, only existing registered “Waqf by user” properties will retain their status, excluding those under dispute or government ownership.
- Composition of Waqf Boards: To ensure broader representation, the bill mandates the inclusion of at least two Muslim women and two non-Muslim members in both the Central Waqf Council and State Waqf Boards. Additionally, it provides for representation from Shia, Sunni, Bohra, Aghakhani communities, and Muslim Other Backward Classes (OBCs).
- Dispute Resolution Authority: The authority to determine whether a property is Waqf or government land will shift from Waqf Tribunals to district collectors or designated senior state officials. This change aims to address concerns about potential misuse of power in property disputes.
- Mandatory Waqf Deeds: The creation of Waqf properties will now require a formal Waqf deed, replacing the previous practice that allowed oral declarations. This measure seeks to enhance transparency and legal clarity in the registration of Waqf properties.
These amendments have sparked debate among various stakeholders. While the government asserts that the changes aim to improve the management and transparency of Waqf properties, some opposition members and Muslim organizations express concerns over potential governmental overreach and the inclusion of non-Muslim members in Waqf boards.
The Waqf (Amendment) Bill, 2024, originally introduced in August 2024, seeks to repeal the Mussalman Wakf Act, 1923, and amend the Waqf Act, 1995. It aims to regulate Waqf properties more effectively and is set to be presented for parliamentary approval in the upcoming session.