The central government is going to amend the Waqf Board Act to reduce the unlimited powers given to the Waqf Board and make its system transparent. The central government is going to introduce two important bills in the Lok Sabha to provide representation to Muslim women, other backward classes of Muslim society, Shia, Sunni, Bohra and Aagakhani. The draft law provides for the representation of Shias, Sunnis, Bohras, Agakhanis and other backward classes among Muslim communities.
How many amendments will be made to the bill
According to information received from sources, through the first bill, important amendments will be brought in the Wakf Act 1955, while through the second bill, the Muslim Wakf Act 1923 will be abolished. The Bill which seeks to amend the law governing waqf boards has proposed far-reaching changes in the present Act, including ensuring the representation of Muslim women and non-Muslims in such bodies. The Waqf (Amendment) Bill also seeks to rename the Waqf Act, 1995, as the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995. It is expected that 44 amendments will be made.
Why was the amendment needed?
The government says that the amendment in the Waqf Board Act is to streamline the method of registration of Waqf through a central portal and database. It states that before registering any property as a Waqf property, action will be taken as per revenue laws with proper notice to all concerned. According to the report, the government says that the purpose behind the amendment bill is to increase accountability and transparency in the functioning of Waqf Boards. Mandatory participation of women in these bodies is to be ensured. The government has said that this amendment is being made on the demand of the Muslim community.
According to its statement of objects and reasons, the Bill seeks to omit Section 40 of the current law relating to the powers of the Board to decide if a property is waqf property. It provides for a broad-based composition of the Central Waqf Council and the State Waqf Boards and ensures the representation of Muslim women and non-Muslims in such bodies.
Legal rights of Wakf Board
Section 32 of the 1995 Act states that the general supervision of all Wakf properties in a state is vested with the State/Union Territory Wakf Boards (SWBs) and the wakf boards are empowered to manage these Wakf properties. The 1954 Act was enacted during the Jawaharlal Nehru-led government to provide an administrative structure for the functioning of wakfs. The Wakf boards then had powers, including the roles of trustees and mutawallis (managers).
Bill has been amended several times before
The 1954 Act was amended in 1964, 1969 and 1984. The last amendment was in 2013 to include stringent measures to prevent illegal transfer of waqf properties and streamline procedures for removing encroachments.
