Registration of Waqf property through a central portal and database, protecting the rights of Bohras and ensuring participation of women are some of the salient features of the Waqf Bill that the BJP-led NDA government is set to table in Parliament to amend the Waqf Act of 1995.
News18 has exclusively accessed the Waqf Amendment Bill which aims to restrict the powers of the Waqf Board and has been in the works for the last few years with the government meeting various stakeholders, including members of the community, eminent jurist and lawyers.
After lands owned by government entities, including Railways and defence, Waqf accounts for the third-highest number of properties. However, the value of these lands and the revenue generated do no match. With properties valued in crores, the annual revenue does not cross Rs 200 crore, government sources have said. The Sachar Committee, in its recommendation, has also spoken about the need to map properties along with their revenue.
Here are some of the key changes proposed in the legislation:
• The new legislation proposes the renaming of the Waqf Act, 1995, to the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995.
• The term Waqf will be clearly defined by a person practising Islam for at least five years and having ownership of such property.
• The Waqf property inheritance proposes not to deprive women of the right to inherit such property.
• Survey Commissioner to the Collector or any other officer not below the rank of Deputy Collector will be duly nominated by the Collector for the survey of Waqf properties.
• The Central Waqf Council and the state Waqf Boards will ensure the representation of Muslim women and non-Muslims.
• A separate Board of Auqaf will be established for Bohras and Aghakhanis.
• The Board will have representation of Shia, Sunni, Bohra, Aghakhani and other backward classes among Muslim communities.
• The registration of Waqf property must be through a central portal and database.
• The legislation proposes providing for a detailed procedure for mutation as per revenue laws with due notice to all concerned before recording any property as Waqf property.
• The new Bill provides that the Board will no longer be the sole authority to decide if a property is indeed Waqf property.
• The Bill proposes decreasing the annual contribution from seven per cent to five per cent payable to the Board by ‘mutawalli’ of every Waqf having a net annual income of not less than Rs 5,000.
• The Bill proposes providing for filing of accounts through a central portal for better control over their activities.
• The new legislation also proposes that the tribunal structure be restructured with two members apart from providing for appeals against the orders of the tribunal to the high court within a specified period of 90 days.
On Tuesday evening, several prominent Dargah chiefs met Kiren Rijiju, the Minister for Minority Affairs, to offer their support to the legislation.
Taking to X, the Union minister said: “Last evening a delegation of the All India Sufi Sajjadanashin Council (AISSC) comprising of the most revered & prominent Sajjadanashins from various Dargahs across India met me under the leadership of Shri Syed Naseruddin Chishty, Chairman & Successor of the Present Spiritual Head of Ajmer Dargah to discuss a range of important issues concerning the Muslim community. It was a fruitful & forward looking discussion. They lauded & praised the efforts of PM Shri @narendramodi ji towards the welfare of the entire community and minorities in general. They also committed themselves towards the Sankalp of Viksit Bharat 2047. Shri Shehzad Poonawalla, national spokesperson of BJP, was also present.”
Apart from Naseeruddin Chishty, those present in the crucial meeting were Ghulam Najmi Farooqi of the Nayeb Sajjadanashin Dargah, Abdul Qadir Qadri, Syed Ali Zaki Hussaini who hails from the Dargah Gulbarga Shareef, Ammhar Ahmad Nayar Miya of Sajjadanashin Rudauli Shareef in Uttar Pradesh, Fareed Ahmed Nizami of the Sajjadanshin Dargah Nizamuddin Auliya, Arshad Faridi of Nayab Sajjadanashin Dargah in Fathepur Sikri, Javed Khan who is secretary, AISSC, and Umar Razzaqui Sajjada Nasheen of the Dargah Bansa Shareef in Uttar Pradesh’s Barabanki.
Last Friday, the Union Cabinet gave its approval to the Bill. Waqf Boards have approximately over 8.7 lakh properties totalling around 9.4 lakh acres. In 2013, the UPA government had given more powers to the boards by amending the original Act.
The Waqf Act, 1995, was enacted to regulate ‘auqaf’ (assets donated and notified as wakf) by a wakif — the person who dedicates a property for any purpose recognised by Muslim law as pious, religious, or charitable.
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