Amendment to Waqf Act suggests including non-Muslims and Muslim women on Waqf boards; removes the Board of authority to declare a property as waqf.

The proposed law “omits Section 40, which relates to the Board’s powers to determine whether a property is waqf property.”

The Centre is preparing to submit the Unified Waqf Management, Empowerment, Efficiency, and Development Act, 1995 in Parliament this week, amending the Waqf Act of 1995. “Section 40 relating to the powers of the Board to decide if a property is waqf property” is left out of the draft legislation.

The Hindu was able to get a copy of the law, which states that “representation of Muslim and non-Muslims” will be guaranteed in the State Waqf Boards and the Central Waqf Council.

In addition to providing for “detailed procedure for mutation as per revenue laws with due notice to all concerned before recording any property as waqf property,” the bill suggests registering Waqf properties through a central portal and database. Parliamentarians in the Lok Sabha received a copy of the bill on Wednesday.

The measure guarantees “representation of Shia, Sunni, Bohra, Agakhani, and other backward classes among Muslim communities” and calls for the creation of a distinct Board of Auqaf for “Boharas and Aghakhanis.”

The Waqf Act, of 1995 was passed to provide for the better administration of Auqaf and for things connected thereto or incidental thereto, according to Union Minister Kiren Rijiju’s declaration of aims and reasons. On the other hand, it is believed that the Act has not improved the administration of auqaf throughout its implementation.”

The statement went on to say that extensive changes were made to the Act in 2013 in response to the recommendations of the High-Level Committee, which was chaired by Justice (Retired) Rajinder Sachar, as well as the Joint Parliamentary Committee on Waqf and Central Waqf Council Report. These changes were made following extensive stakeholder consultation.

The Act still has to be improved, according to the statement, to properly handle issues about the State Waqf Boards’ authority, the registration and surveying of waqf properties, the clearing of encroachments, and the definition of the “waqf” itself.

According to Islamic law, a waqf is a property that is solely used for charity or religious reasons. Currently, 8.7 lakh properties totaling 9.4 lakh acres and an estimated 1.2 lakh crores are under the authority of Waqf Boards in India. After the Indian Railways and the military forces, they now possess the third-largest amount of land in India. The Act was most recently revised in 2013.

The Bill aims to add additional sections 3A, 3B, and 3C concerning incorrect waqf declaration, filing waqf details on a portal and database, and specific waqf criteria. According to the law, it “provides for certain waqf conditions, filing of waqf details on portal and database and prevention of wrongful declaration of waqf.”