1. Key Amendments in the Bill:
- Renaming of the Act: The Act is renamed to the ‘United Waqf Management, Empowerment, Efficiency, and Development Act, 1995’.
- Formation of Waqf:
- Waqf can only be declared by a person practicing Islam for at least five years and who owns the property.
- The Bill removes the concept of waqf by user (waqf based on long-term use of a property) and ensures that waqf-alal-aulad (family waqf) cannot deny inheritance rights to the donor’s heirs, including women heirs.
- Government Property as Waqf:
- Any government property that has been identified as waqf will cease to be a waqf. The Collector will determine the ownership in case of uncertainty.
- Power to Determine Waqf Properties:
- The Bill removes the power of Waqf Boards to inquire and determine whether a property is waqf.
- Survey of Waqf Properties:
- Instead of the Survey Commissioner, Collectors will now be responsible for conducting surveys of waqf properties, following the state’s revenue laws.
- Changes to Central Waqf Council:
- The Council will now include two non-Muslim members, while MPs, former judges, and eminent persons need not be Muslims. Specific categories of members (Muslim scholars, representatives of Muslim organizations, etc.) must remain Muslim, including at least two women members.
- Changes to Waqf Boards:
- The state government will now nominate members (instead of electing them) to the Waqf Board, and non-Muslim members are allowed. The Board must include representatives from Shia, Sunni, Backward Classes, Bohra, and Agakhani communities if relevant to the state. At least two Muslim women members are mandatory.
- Composition of Tribunals:
- The Bill revises the composition of Tribunals dealing with waqf disputes by removing the requirement for a member knowledgeable in Muslim law. It will now include a current/former judge and a current/former joint secretary-ranked officer.
- Appeals on Tribunal Orders:
- Tribunal decisions are no longer final, and appeals can be made to the High Court within 90 days.
- Powers of the Central Government:
- The central government is now empowered to make rules about waqf registration, auditing, and publication of accounts. Audits can be conducted by the Comptroller and Auditor General (CAG) or a designated officer.
- Separate Waqf Boards:
- The Bill allows the creation of separate Waqf Boards for Bohra and Agakhani sects in addition to the Sunni and Shia Waqf Boards, provided certain conditions are met.
2. Current Status in Maharashtra Waqf 2024:
- Maharashtra State Board of Waqfs has been actively managing waqf properties, including over 37,330 hectares of land across various divisions.
- Encroachment is a major issue, with more than 60% of waqf land reportedly encroached upon in Marathwada.
- The Board has made over 1,000 cases for removing encroachments, with limited success in actual enforcement.
The Waqf (Amendment) Bill, 2024 is seen as an attempt to streamline waqf property management, enhance transparency, and address encroachment issues, while expanding the inclusivity and accountability of waqf governance bodies.
3. Waqf Board Property & land
Waqf Board Property refers to properties that are held in trust and dedicated for religious, charitable, or public welfare purposes in accordance with Islamic law (Sharia). The concept of “Waqf” (plural: Awqaf) refers to a permanent dedication of property, which can be land, buildings, or other assets, for purposes such as maintaining mosques, schools, orphanages, or helping the poor. These properties are managed by Waqf Boards in India, which are legal bodies established under the Waqf Act.
Key Aspects of Waqf Board Property:
- Ownership: Once a property is declared as Waqf, it no longer belongs to the individual but becomes the property of Allah, with the income or benefits dedicated to specific causes. The ownership remains inalienable, meaning it cannot be sold or transferred.
- Management: Waqf properties are managed by Waqf Boards established by the government in different states. The boards are responsible for overseeing the utilization of these properties, ensuring that the income generated is used for the designated religious or charitable purposes.
- Types of Waqf Properties:
- Religious: Properties dedicated for maintaining religious places such as mosques or religious schools (madrasas).
- Charitable: Properties set aside for social welfare purposes like helping the poor, building hospitals, or public infrastructure.
- Waqf Property in India:
- India has a vast amount of Waqf properties, comprising land, buildings, and other assets, many of which are spread across states like Maharashtra, Telangana, and Uttar Pradesh.
4. Waqf Minister & Members
Waqf Boards are managed at both the state and central levels in India. The Waqf Minister at the central level typically comes under the Ministry of Minority Affairs. At the state level, there are ministers or officials responsible for overseeing Waqf properties and issues related to their governance.
Central Level:
- Union Minister for Minority Affairs: This minister oversees the Central Waqf Council, which plays a key role in advising and guiding the state Waqf Boards across the country. As of recent updates, the Ministry of Minority Affairs is responsible for coordinating the activities of the Central Waqf Council.
State Level:
- State Waqf Ministers: Each state in India has its own State Waqf Board, typically headed by a chairperson and a group of members appointed by the state government. The minister responsible for Waqf in a state can be part of a broader ministry, such as the Ministry of Minority Welfare, Ministry of Endowments, or Department of Religious Affairs. These ministers work with state Waqf Boards to ensure the effective management of Waqf properties within the state.
Examples:
Uttar Pradesh Waqf Board: The state minister for Minority Welfare often handles Waqf-related issues in UP.
Maharashtra Waqf Board: The Maharashtra Minister of Minority Development and Aukaf is typically responsible for overseeing the state’s Waqf matters.
Delhi Waqf Board: This board is managed under the state administration, with significant involvement from the Delhi Minority Affairs Department.
Learn More Dua Like – Safar ki Dua, Dua e Masura, Istekhara dua, Dua Qunoot, Ghusl ki dua, Roza rakhne ki, Azan ke baad ki dua, Masjid me Dakhil hone ki dua, Masjid se bahar jane ki dua , sone ki dua, soke uthne ki dua , Nazar se bachne ki dua, Wazu ki dua , Allah se Mangne ki dua
5. FAQs on Waqf Board and Waqf Properties in India
1. What is the Waqf Board?
- The Waqf Board is a statutory body in India that manages properties endowed for religious, pious, or charitable purposes under Muslim law. Each state has its own Waqf Board, responsible for overseeing and managing waqf properties.
2. What is Waqf?
- Waqf is an endowment of movable or immovable property for purposes that are considered charitable, pious, or religious under Islamic law. The property is dedicated perpetually, and the revenue generated is used for the welfare of the community.
3. What are Waqf properties?
- Waqf properties include land, buildings, or any other assets that have been donated or endowed for religious or charitable purposes under Muslim law. These properties are administered by the Waqf Board and cannot be sold or transferred.
4. Can non-Muslims make Waqf?
- According to the Waqf (Amendment) Bill, 2024, only a person practicing Islam for at least five years can declare a Waqf. Therefore, non-Muslims cannot create Waqf properties.
5. How is Waqf property managed in India?
- Waqf properties are managed by the respective State Waqf Boards. The Waqf (Amendment) Bill, 2024, empowers the central and state governments to audit and regulate the functioning of Waqf Boards, with Collectors now responsible for property surveys.
6. Can a private Waqf be sold or mortgaged?
- No, once a property is declared as Waqf, it cannot be sold, mortgaged, or transferred. It is a permanent endowment dedicated for religious or charitable purposes.
7. Is Waqf income taxable?
- Waqf income, if used for charitable and religious purposes, is generally exempt from income tax under Indian tax laws. However, proper auditing and compliance are necessary.
8. How much land does the Waqf Board own in India?
- As of recent estimates, the Waqf Boards manage approximately 37330.97 hectares of land across various states in India. This includes properties across divisions like Kokan, Pune, Nashik, and Aurangabad.
9. What is Sunni and Shia Waqf Board?
- In states where the population of Shia Muslims exceeds 15% of total Waqf properties, separate Sunni and Shia Waqf Boards are established to manage properties that belong to each sect.
10. What is Waqf-alal-aulad?
- Waqf-alal-aulad refers to an endowment created for the benefit of the donor’s descendants. According to the Waqf (Amendment) Bill, 2024, this must not result in the denial of inheritance rights, including for women heirs.
11. How to register a mosque with the Waqf Board?
- To register a mosque, a formal application must be submitted to the Waqf Board along with supporting documents such as property details, endowment deeds, and community recognition.
12. What is the role of the Central Waqf Council?
- The Central Waqf Council advises the central and state governments, as well as the Waqf Boards, on the management and development of Waqf properties. It includes both Muslim and non-Muslim members.
13. What steps are taken for the development of Waqf properties?
- Waqf Boards, in coordination with state governments, can develop properties to generate revenue for charitable purposes. However, illegal occupation and litigation often hinder development projects.
14. What is the Waqf (Amendment) Bill, 2024?
- The Waqf (Amendment) Bill, 2024, introduces several changes to the Waqf Act, 1995. It renames the Act, redefines how Waqf is declared, removes Waqf by user, and shifts survey responsibilities to state Collectors, among other amendments.
15. Can Waqf Tribunal orders be appealed?
Yes, under the Waqf (Amendment) Bill, 2024, decisions of Waqf Tribunals can be appealed to the High Court within 90 days of the order.\