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New bill seeks to curb Waqf Board powers

The government also set to introduce The Mussalman Wakf (Repeal) Bill, 2024 which seeks to repeal the Mussalman Wakf Act, 1923…reports Asian Lite News

The BJP-led government is set to introduce the Waqf (Amendment) Bill, 2024 in the Lok Sabha on Thursday, aiming to amend the Waqf Act, 1995. The bill seeks to “effectively address issues” concerning the powers of the State Waqf Boards, the registration and survey of waqf properties, and the removal of encroachments.

The Waqf (Amendment) Bill, 2024 is listed for introduction by Minority Affairs Minister Kiren Rijiju in Lok Sabha on Thursday.

The government has decided to withdraw the Waqf Properties (Eviction of Unauthorised Occupants), Bill, 2014  which was introduced in Rajya Sabha in February 2014, when Congress-led UPA government was in power.

The Waqf Properties (Eviction of Unauthorised Occupants), Bill, 2014 is listed for withdrawal from Rajya Sabha on Thursday.

Apart from introducing the Waqf (Amendment) Bill, 2024,  Rijiju will also introduce The Mussalman Wakf (Repeal) Bill, 2024 which seeks to repeal the Mussalman Wakf Act, 1923.

The Waqf (Amendment) Bill, 2024, Waqf Act provides for the renaming of the Waqf Act, 1995, as the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995.

It seeks to clearly define “waqf” as waqf by any person practicing Islam for at least five years and having ownership of such property and ensure that creation of Waqf-alal-aulad does not lead to the denial of inheritance rights to women.

It also seeks to omit the provisions relating to the “waqf by user”,  provide the functions of the Survey Commissioner to the Collector or any other officer not below the rank of Deputy Collector duly nominated by the Collector for the survey of waqf properties, provide for a broad-based composition of the Central Waqf Council and the State Waqf Boards and ensure representation of Muslim women and non-Muslims.

According to the statement of objects and reasons, the bill seeks to provide for establishment of separate Board of Auqaf for Boharas and Aghakhanis.

It provides for the representation of Shia, Sunni, Bohra, Agakhani and other backward classes among Muslim communities,  streamlining the manner of registration of waqfs through a central portal and database and providing for a detailed procedure for mutation as per revenue laws with due notice to all concerned before recording any property as waqf property.

The bill seeks to omit section 40 relating to the powers of Board to decide if a property is waqf property,  provide for filing of accounts of waqf by mutawallis to the Board through a central portal for better control over their activities, reform the Tribunal structure with two members and provide for appeals against the orders of the Tribunal to the High Court within a specified period of ninety days.

Sources said that it was decided in the Business Advisory Committee that the Waqf Amendment Bill will be introduced in Lok Sabha on Thursday. Opposition parties are keen that the bill is examined by the standing committee. 

Opposition leaders hit out

CPI General Secretary D Raja accused the BJP of snatching the properties of the Waqf board and said that the constitution is being tampered with in all possible ways by BJP-RSS

He said “The media reports in the public domain on the issue of amendments to the Waqf Board Act have already created strong apprehensions in the minds of minorities, particularly the Muslims. People started foreseeing a sinister design of carrying out the BJP-RSS agenda of putting an end to Waqf and snatching away the Waqf properties and there is no proper public debate in the country”.

“The BJP-RSS is trying to take measures one after another like this. Already HM Amit Shah has been justifying the 3 criminal laws and there is a country-wide protest against those 3 criminal laws. Now, these amendments to the Waqf Board are being proposed and there is no public debate and no debate inside or outside Parliament. BJP-RSS tries to impose its sinister agenda on the people. It is going to be a grave threat to the secular, democratic fabric of our society and the Constitution. Already the Constitution is being tampered with in all possible ways by BJP-RSS” he added”.

Earlier, Congress MP Pramod Tiwari asked BJP to discuss the bill with its allies. He said “Before presenting it in front of the opposition, the government should discuss it with their allies JDU, TDP…” He also said that before any amendments the bills should be discussed with all the stakeholders. “If a new bill is being introduced then it should be discussed with all the stakeholders” he added.

Mohammed Arif Naseem Khan Congress leader & Former Waqf Minister alleged that the goverment wants to snatch the properties and Waqf board and distribute them among its friends He said “There was an amendment of waqf board in 2003. A full proof waqf has been made. All the properties of waqf in the country are covered in this. The suggestion and objections should be taken for the proposed bill, government may distribute the waqf properties to its friends. There is a provision that the cases not resolved in the Waqf board will go to the Waqf tribunal, if the case is not solved there then the case can go to High courts and supreme courts”.

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