Key provisions in the waqf (Amendment bill,2024) and it's impact on waqf

 Key Provisions in the Waqf (Amendment) Bill, 2024, and its impact on Waqf 

Administration

Key Provisions in The Waqf (Amendment) Bill, 2024:

The amendments to the Waqf Act, as recommended by the Joint Committee on

Waqf Amendment Bill, 2024 (JCWAB), introduce progressive reforms, including:

i. Separation of Trusts from Waqf: Muslim-created trusts under any law will

not be considered waqf, ensuring individuals retain full control over their

trusts.

ii. Introduction of Technology: Implementing technology to make the

management of waqf properties scientific, efficient, and transparent.

iii. Establishment of a Central Portal: Automating the full life cycle of waqf

properties, including registration, accounts and audit, contributions, and

litigation.

iv. Dedication of Waqf properties by practicing Muslim: Only person practicing

Islam for at least five years can dedicate his own property to waqf. This will

restore substantially the earlier position that existed before Waqf

(Amendment) Act, 2013 where the change in person entitled to do waqf

from “any person professing Islam” to “any person” was done.

v. Protection of ‘Waqf by User’ Properties: Properties already registered with

Waqf Boards will remain so unless disputed or identified as government

land. As per WAMSI, there are 4.02 lakhs Waqf by User properties out of

total 8.72 lakhs waqf properties as on date.

vi. Women’s Rights in Family Waqf: Mandating that women receive their

rightful inheritance before any waqf dedication, with special provisions for

widows, divorced women, and orphansvii. Transparent Waqf Property Management: Mutawallis must register

property details on a central portal within six months, enhancing

accountability.

viii. Government Land and Waqf Disputes: An officer above the rank of

Collector will investigate government properties claimed as waqf,

preventing unwarranted claims.

- As per data received on 05.09.2024 from 25 out of 32 States/ UTs

Waqf Boards, a total of 5973 government properties have been

declared as waqf properties.

- ASI informed the JPC during their presentation on 06.09.24, 132

protected monuments have been declared as waqf properties.

- MoHUA informed the JPC during their presentation on 05.09.24, 108

properties under control of Land and Development Office, 130

properties under control of Delhi Development Authority and 123

properties in the public domain were declared as waqf properties and

brought into litigation.

ix. Strengthening Waqf Tribunals: A structured selection process and fixed

tenure for tribunal members are established to ensure stability and

efficiency in dispute resolution. As per WAMSI Portal, there are 21618

pending cases in the Tribunals as on date.

x. Non-Muslim Representation in Waqf Boards: The inclusion of two nonMuslim members in both Central and State Waqf Boards acknowledges

diverse stakeholders.

xi. Reduction in Annual Contributions: The mandatory annual contribution

from waqf institutions to Waqf Boards is reduced from 7% to 5%, allowing

more funds to be allocated for charitable purposesxii. Application of the Limitation Act: The Limitation Act, 1963, will now apply

to waqf property claims, aiming to reduce prolonged litigation.

xiii. Annual Audit Reforms: Waqf institutions with annual earnings exceeding ₹1

lakh must undergo audits conducted by State Government-appointed

auditors.

xiv. Addressing Unlawful Claims: The Bill removes Section 40, which

previously allowed Waqf Boards to arbitrarily claim properties as waqf,

preventing instances such as the declaration of entire villages as waqf:

- Thiruchenthurai Village, Tamil Nadu

- Govindpur Village, Bihar

- 15,000 acres in Karnataka (Vijayapura, Chitradurga, Yadgir,

Dharwad, Ballari)

- Surat Municipal Corporation Headquarters

- Kerala (September 2024): Around 600 Christian families in

Ernakulam challenged the Waqf Board’s claim over their land, leading

to legal action and petitions before the Joint Parliamentary Committee.

As per information out of 30 States/UTs, data was given only by 8 States where

515 properties have been declared as waqf under Section 40.

These cases underscored the arbitrary and unregulated power exercised by

Waqf Boards. To address this, Section 40 of the Waqf Act is being omitted,

ensuring fair and just administration of Waqf properties