The Waqf (Amendment) Bill, 2024, has been accepted by the Joint Parliamentary Committee (JPC), which adopted all amendments proposed by the BJP-led NDA while rejecting changes suggested by opposition members during a clause-by-clause discussion.
The committee, chaired by senior BJP leader Jagdambika Pal, is expected to meet on Wednesday to deliberate and adopt its report, according to news agency PTI.
Sources said the key provisions of the Waqf (Amendment) Bill, 2024, include the continuation of registered “Waqf by user” properties except in cases involving disputes or government ownership, and the exclusion of Muslim trusts that function similarly to Waqf but are governed by trust laws to avoid legal overlaps
Another important provision of the Bill is that if a government property is claimed as Waqf, an officer above the rank of Collector, appointed by the state government, will conduct an inquiry, and such property will not be considered as Waqf, until the investigation report is submitted.
Here’s the complete list of provisions that the Waqf (Amendment) Bill, 2024, will likely contain:
1. Two Muslim women will continue to be included as members of both the State Waqf Boards (Section 14) and the Central Waqf Council (Section 9) to ensure Muslim women’s empowerment and participation in Waqf management.
2. The State Waqf Boards will now include one member from the Muslim OBC community, ensuring broader representation (Section 14).
3. The state government may establish separate Waqf Boards for Aghakhani and Bohra communities, acknowledging their distinct religious needs (Section 13).
4. In Waqf Alal Aulad also known as Family Waqfs, women’s inheritance rights will be safeguarded. A waqif can dedicate property only after ensuring that female heirs receive their rightful share (Section 3A(2)).
5. Registered Waqf by user will continue to be recognised as Waqf, except in cases where the property is under dispute or owned by the government (Section 3(r)).
6. The Limitation Act will apply to all Waqf-related cases from the commencement of this act, ensuring timely resolution and preventing prolonged litigation (Section 107).
7. The online registration process will be introduced to automate the entire life cycle of Waqf properties through the portal.
8. Waqf Boards must upload all Waqf property details on a central portal within six months. The Waqf Tribunal may grant extensions on a case-by-case basis.
9. If a government property is claimed as Waqf, an officer above the rank of Collector, notified by the State Government, will conduct an inquiry as per the law. Until the report is submitted, such government properties will not be treated as Waqf (Section 3C).
10. Muslim trusts that function similarly to Waqf but are governed by trust laws will be excluded from the Waqf Act, 1995, preventing legal conflicts (Section 2A).
11. The income from Waqf Alal Aulad can be used to support widows, divorced women, and orphans, if specified by the waqif (Section 3(r)(iv)).
12. The finality of tribunal decisions has been removed. Any aggrieved person can now appeal to the High Court within ninety days of the tribunal’s decision.
13. Online registration certificates of Waqf properties will be issued through the portal.