The powers of the Waqf Board will be reduced, what changes will be made in the new Act? Read why the amendment was needed

Posted on 5th Aug 2024 by rohit kumar

Amidst the controversy over Waqf properties and the demand to control the rights of the Waqf Board, the government has started preparing to amend the Waqf Act. It is being told that the proposal for 40 major amendments to the Waqf Act was approved in the cabinet meeting yesterday.

 

After the amendment bill is passed in the Parliament, the uncontrolled powers of the Waqf Board will be reduced. The Board will not be able to declare its ownership of any property without verification. It is said that the Modi government had started preparing to amend the Act before the Lok Sabha elections to reduce the uncontrolled powers of the Waqf Board, which owns the most land after the Railways and the Armed Forces.

 

The demand has been raised for a long time

Muslim communities like Muslim intellectuals, women, Shia, and Bohra were also demanding changes in the law for a long time. There are currently 30 Waqf Boards in the country. It is estimated that a revenue of Rs 200 crore per year is received from all the Waqf properties. This is not by the number of properties held by such institutions. Originally, the Waqf Boards had about 52 thousand properties across the country.

 

By the year 2009, there were three lakh registered Waqf properties covering four lakh acres of land. As of today, the Waqf Board has 8,72,292 properties spread over more than eight lakh acres. According to sources, the UPA government had increased the powers of the board by amending the original Waqf Act of 1995 in 2013. In this way, the Waqf Board currently has the right to declare any property as Waqf property.

 

Many times the property is used for personal benefit

 

The argument is that this property is for the welfare of needy Muslims, but it has been seen that some influential people are using it for their benefit. There is also a controversy over forcibly declaring the property of many people as Waqf property. The Waqf Act was implemented in 1995. It regulates the properties donated and notified as Waqf.

 

After the amendment bill is passed, there will be a big change in the management and transfer of Waqf properties in India. This will enable it to work according to the power that the Waqf Board has in other Islamic countries. The Waqf Board does not have such extensive powers in any country of the world. It is worth noting that a few years ago, the Delhi High Court had also ordered an inquiry into 123 such disputed properties in Delhi.

 

Waqf Board will not be able to take land without verification

The proposed bill can be brought in this session and if it is passed, the Waqf Board will not be able to declare rights on any property without verification. The Waqf Board has been making such claims many times, which caused controversy. For example, in September 2022, the Tamil Nadu Waqf Board claimed its right over the entire Thiruchendurai village, where the majority Hindu population lived for centuries.

 

This will not be possible after the amendment in the Act, because the system of verification of each property can be made mandatory before the claim. Section 3 of the Waqf Act, 1995 states that if the Waqf Board feels that land is a Waqf property, then just thinking this is enough for it. For this, the Waqf Board does not need any proof. If the Waqf Board believes that a property belongs to it, then the owner of the property cannot even go to court. However, the Waqf Tribunal can knock on the door of the court.

 

This will change with the new law

 

Under the new provisions, the disputed old properties of the Waqf Board will also have to be verified again.

 

While changing the structure of the board, the participation of women will also be ensured in it.

 

Waqf boards will have to register with the District Magistrates to get the actual valuation of their properties.

 

The new amendment will also apply to those properties on which claims and counterclaims have been made by the Waqf Board and individual owners.

 

According to the proposed bill, mandatory and transparent verification of all claims made by the Waqf Boards will be required.

 

By amending Sections 9 and 14 of the Waqf Act, the structure of the Central Waqf Council and State Waqf Boards can be changed.

 

Why was the amendment needed?

 

According to ANI, Muslims themselves were asking why the government was not amending the Waqf Board Act. The Waqf Board comprises only powerful people, not common Muslims. Questions were being asked about revenue. No one was allowed to know how much revenue was generated. Allegations of corruption were being made. Neither the state government nor the central government can interfere in Waqf properties.

 

However, after the amendment, the Waqf Board will have to register its property with the District Collector's office, so that the property can be valued. Sources said that there should be a committee to check the revenue and ensure transparency in Waqf. Waqf properties should be for the benefit of Muslims only.

 

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