To curb the unlimited powers given to the Waqf Board and for better management and transparency, the government may introduce two bills in the Lok Sabha on Thursday. Through the first bill, the government will abolish the Muslim Waqf Act 1923, while through the second, 44 amendments will be made to the Muslim Waqf Act 1995. In this bill, the government will make provision for a separate Waqf Board for Bohra-Agakhani and will abolish Section 40 related to the right to declare someone's property as Waqf property.
The central government said on Wednesday that the purpose of bringing the bill is to better manage and operate the Waqf properties. After the bill is introduced, it can be sent to the Select Committee for extensive discussion and consensus. In the second bill, there is a provision to change the name of the Waqf Act 1995 to the Integrated Waqf Management, Empowerment, Efficiency Development Act. It also has a provision to bring extensive changes in the structure of the Central Council and Tribunal of the Waqf Boards. For example, the representation of two women will be made mandatory in the Central Council and State Waqf Board. Apart from this, after the amendment in the law, now the order of the Waqf Tribunal can be challenged in the High Court within 90 days. The authority of the Survey Commissioner for the survey of Waqf properties will now be with the District Collector or the Deputy Collector nominated by him.
Highlights of the bill
The government will withdraw the Waqf Act, of 1923
44 amendments to ensure transparency, better management and accountability
Agakhani and Bohra Waqf will be defined
Waqf will be able to acquire the property of those who follow the Muslim religion for five years
The government will have to work for the welfare of widows, divorcees, and orphans with the money of Waqf
The rights of heirs and women cannot be taken away while giving property to Waqf
Registered Waqf properties will have to be uploaded on the portal within 6 months
Information about land revenue, cess, its rate, tax, income, and court cases received from Waqf properties will also have to be given
Waqf will not be able to declare government property as its property
What will be the changes?
Muslim Waqf Act 1923 will be abolished
Waqf Act will become the Integrated Waqf Management Act, Section 40 will be abolished, this gives the right to declare someone's property as Waqf property Rights
Changes brought in the Waqf Act in 2013 caused a stir
In fact, during the UPA-2 government, changes were made in the Waqf Act in 2013, such as ending the right of the Waqf Board to declare anyone's property as its own and challenging the decisions of the Wakf Board in any court. According to government sources, since then, about 60 thousand complaints from individuals and organizations related to the Muslim community are pending with the government. All these complaints had similar things like huge irregularities in the Wakf Board and forceful occupation of property.
The Minister of Minority Affairs will be the Chairman
The amendment bill also has a provision for radical changes in the Waqf Council. For example, the Chairman of the Council will be the Minister of Minority Affairs. Three MPs, three representatives of Muslims, three experts of Muslim law, two former judges of the Supreme Court or High Court, a senior lawyer, four famous personalities of the country additional or joint-level officers of the Central Government, and two women will be its members.
Opposition demands to send Waqf Bill to Parliamentary Committee
Opposition parties on Wednesday urged the government to send the Waqf (Amendment) Bill to the Standing Committee of Parliament for consideration after it is introduced. At the same time, the government said that it would decide on it after assessing the spirit of the Business Advisory Committee (BAC). Official sources said that the government will not press for passing the bill after it is introduced in the Lok Sabha on Thursday.
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