Waqf (Amendment) Bill, 2024
Context:
The Joint Committee on the Waqf (Amendment) Bill, 2024 adopted its report by a majority vote, clearing the way for the government to move the Bill during the upcoming Budget Session of Parliament.
What is a Waqf Board?
Established in: The concept of Waqf Boards was formalized under the Waqf Act, 1954, and further strengthened by the Waqf Act, 1995. (It is statutory body)
Governed by: The Ministry of Minority Affairs, Government of India, oversees the functioning of Waqf Boards.
Functions and Powers:
Administration: Manages and supervises Waqf properties.
Recovery: Recovers lost or encroached Waqf properties.
Transfer: Sanctions the transfer of immovable Waqf properties through sale, gift, mortgage, exchange, or lease.
Appointment: Appoints custodians to ensure Waqf revenues are used for designated purposes.
Legal Authority: Can sue and be sued in court.
Board and Members:
Chairperson: Appointed by the state government.
Members: Include Muslim legislators, parliamentarians, members of the state Bar Council, Islamic scholars, and mutawalis (managers) of Waqfs with an annual income of ₹1 lakh and above.
Central Waqf Council (CWC): Established in 1964 to oversee and advise state-level Waqf Boards.
Proposed Amendments in the 2024 Bill:
Inclusion of Non-Muslim Members:
Mandates at least two non-Muslim members in the Central Waqf Council and State Waqf Boards.
Allows non-Muslim members to form a majority in these bodies.
District Collector’s Role: Grants District Collectors the authority to determine ownership of disputed properties and update revenue records.
3 Composition of Tribunals: Removes the requirement for an expert in Muslim law from Waqf Tribunals.
4 Appeals Process: Allows direct appeals to High Courts against Tribunal decisions, removing the finality of Tribunal rulings.
Need for Amendment in 2024:
Transparency and Efficiency: Aims to improve transparency and efficiency in the management of Waqf properties.
Inclusivity: Seeks to promote inclusivity by involving non-Muslim members in Waqf governance.
Dispute Resolution: Enhances dispute resolution mechanisms by granting District Collectors authority over property disputes.
Legal Clarity: Provides clarity on the creation and management of Waqf properties.
Modernization: Aligns Waqf governance with contemporary legal and administrative practices.
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