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‘Anti-Minority’ Waqf Bill 2024 referred to JPC

The Waqf (Amendment) Bill 2024, introduced in the Lok Sabha Thursday August 08, 2024, has been referred to a Joint Parliamentary Committee (JPC) after protests by the Opposition parties that called it “anti-minority, divisive and unconstitutional”.

Thursday August 8, 2024 9:02 PM, ummid.com News Network

New Delhi: The Waqf (Amendment) Bill 2024, introduced in the Lok Sabha Thursday August 08, 2024, has been referred to a Joint Parliamentary Committee (JPC) after protests by the Opposition parties that called it “anti-minority, divisive and unconstitutional”.

The Waqf (Amendment) Bill 2024 introduced in the lower house of the Parliament by Minority Affairs Minister, Kiren Rijiju, proposes to bring over 40 amendments to the existing Waqf Act 1995.

The key amendments including allowing a non-Muslim Chief Executive Officer (CEO) and at least two non-Muslim members to be appointed by the State government to the Waqf Boards at the state level.

The Bill also proposes to change the status of the Waqf land under the centre and state possession, and gives sole power to district collectors for the purpose.

Opposing the proposal to include non-Muslims as CEO and members of the Waqf board, the opposition parties wondered whether Muslims can be members of governing boards of temples like the Ram temple at Ayodhya.

44 Amendments Proposed

• Clause 1 of the Bill seeks to provide for short title and commencement of the proposed legislation.
• Clause 2 of the Bill seeks to amend section 1 relating to short title and commencement so as to amend the short title of the Act from “the Waqf Act, 1995”, to “the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995”.
• Clause 3 of the Bill seeks to amend section 3 relating to definition so as to amend and substitute some definitions and provide new definitions in section 3, such as Aghakhani waqf, Bohra waqf, Collector, Government Organisation, Government property, etc.
• Clause 4 of the Bill seeks to insert new sections 3A, 3B and 3C relating to certain conditions of waqf, filing of details of waqf on portal and database; and wrongful declaration of waqf. It provides for certain conditions of waqf, filing of details of waqf on portal and database and prevention of wrongful declaration of waqf.
• Clause 5 of the Bill seeks to substitute section 4 relating to preliminary survey of waqf to replace the Collector in place of the Survey Officers, so as to confer powers upon the Collector to make the survey in accordance with the procedure in revenue laws of the State.
• Clause 6 of the Bill seeks to amend section 5 relating to publication of list of auqaf so as to insert new sub-sections (2A) and (2B) to provide uploading of the notified list of auqaf on the portal and database within fifteen days. It further substitutes sub-section (3) which provides for making public notice of ninety days before deciding mutation of land records.
• Clause 7 of the Bill seeks to amend section 6 relating to disputes regarding auqaf so as to insert the words “Aghakhani waqf or Bohra waqf” after the words “Sunni waqf”; and to omit that the expression “and the decision of the Tribunal in respect of such matter shall be final”.
• Clause 8 of the Bill seeks to amend section 7 relating to power of Tribunal to determine disputes regarding auqaf so as to include therein Aghakhani waqf or Bohra waqf; and to omit that the expression “and the decision of the Tribunal in respect of such matter shall be final”.
• Clause 9 of the Bill seeks to amend section 9 relating to establishment and constitution of Central Waqf Council so as to provide the composition broad-based by making provision for including two members from non-Muslim community.
• Clause 10 of the Bill seeks to amend section 13 relating to incorporation so as to provide the establishment of a separate Board of Auqaf for Bohras and Aghakhanis if deemed necessary.
• Clause 11 of the Bill seeks to amend section 14 relating to composition of Board so as to make the composition of the State Waqf Board broad-based inter alia making provisions for two members from non-Muslim community.
• Clause 12 of the Bill seeks to amend section 16 relating to disqualification for being appointed, or for continuing as, member of the Board so as to include the conviction of two years imprisonment and more for any offence as a ground for disqualification.
• Clause 13 of the Bill seeks to amend section 17 relating to meeting of Board so as to provide that the meeting of the Board to be held at least once in every month.
• Clause 14 of the Bill seeks to omit section 20A relating to removal of Chairperson by vote of no confidence.
• Clause 15 of the Bill seeks to amend section 23 relating to appointment of Chief Executive Officer and his term of office and other conditions of service so as to provide the Chief Executive Officer is to be not below the rank of Joint Secretary to the State Government and omit the requirement of him being a Muslim.
• Clause 16 of the Bill seeks to amend section 32 relating to powers and function of the Board to omit Explanation and proviso to clause (e) in sub-section (2) to provide for giving of opportunity of being heard to the party affected; and to omit in sub-section (3) the expression “and the decision of the Tribunal in respect of such matter shall be final”.
• Clause 17 of the Bill seeks to amend section 33 relating to powers of inspection by Chief Executive Officer or person authorised by him so as to omit in the words in the proviso in sub-section (4) of section 33 related to “and the Tribunal shall have no power to make any order staying pending the disposal of the appeal, the operation of the order made by the Chief Executive Officer under sub-section (3)”; and to omit sub-section (6).
• Clause 18 of the Bill seeks to amend section 36 relating to registration to provide that after the commencement of the proposed legislation, no waqf shall be created without execution of a waqf deed.
• Clause 19 of the Bill seeks to amend section 37 relating to register of auqaf providing for the maintenance of register of auqaf by the Board in the prescribed manner.
• Clause 20 of the Bill seeks to omit section 40 related to “Decision if a property is waqf property”.
• Clause 21 of the Bill seeks to amend section 46 relating to submission of account of auqaf.
• Clause 22 of the Bill seeks to amend section 47 relating to audit of account of auqaf so as to substitute the expression “one lakh rupees” in place of “fifty thousand rupees”.
• Clause 23 of the Bill seeks to amend section 48 relating to Board to pass orders on auditors report to provide that the proceedings and orders of the Board shall be published in such manner as may be prescribed by the Central Government.
• Clause 24 of the Bill seeks to insert new section 50A relating to “Disqualification of Mutawalli”.
• Clause 25 of the Bill seeks to amend section 52 relating to recovery of waqf property transferred in contravention of section 51 so as to omit the words in sub section (4) related to decision of Tribunal on such appeal shall be final.
• Clause 26 of the Bill seeks to amend section 52A relating to penalty for alienation of waqf property without sanction of Board provide for imprisonment instead of
• rigorous imprisonment; and to omit sub-sections (2) and (4) related to offence being cognizable and non-bailable.
• Clause 27 of the Bill seeks to amend section 55A relating to disposal of property left on waqf property by unauthorised occupants.
• Clause 28 of the Bill seeks to amend section 61 related to penalties inter alia to provide penalty to be twenty thousand rupees which may extend to one lakh rupees for certain failure by the mutawallis.
• Clause 29 of the Bill seeks to amend section 64 relating to removal of Mutawalli as so to provide that if without reasonable cause fails to maintain regular accounts for one year instead of two years or fail to submit within one year instead of in consecutive two years; and to provide further that the Mutawalli shall be removed if is a member of any association which has been declared unlawful under the Unlawful Activities (Prevention) Act, 1967; and also to omit the words that the decision of the Tribunal on such appeal shall be final.
• Clause 30 of the Bill seeks to amend section 65 relating to assumption of direct management of certain auqaf by the Board for submitting report by the Board within a period of six months.
• Clause 31 of the Bill seeks to amend section 67 relating to supervision and supersession of committee of management to provide that aggrieved person may within sixty days of the order of the Board appeal to the Tribunal; and to omit the words relating of the finality of order made by the Tribunal.
• Clause 32 of the Bill seeks to amend section 69 related to power of Board to frame scheme for administration of waqf so as to omit sub-section (3) and insert a proviso in sub-section (4) that no such order shall be made under this sub-section unless a written notice inviting objections from the person likely to be affected and general public, in such manner as may be prescribed by the State Government.
• Clause 33 of the Bill seeks to section 72 relating to annual contribution payable to Board replacing the contribution to five per cent. in place of seven per cent.
• Clause 34 of the Bill seeks to amend section 73 related to power of Chief Executive Officer to direct banks or other person to make payments and to omit the expression “and the decision of the Tribunal on such appeal shall be final”.
• Clause 35 of the Bill seeks to amend section 83 relating to constitution of Tribunals, etc., so as to modify the composition of the Tribunal; and provide that if there is no Tribunal or the Tribunal is not functioning, any aggrieved person may appeal to the High Court directly; and to further provide that in absence of one member, the Chairman of the bench may exercise the jurisdiction, powers and authority of the Tribunal. It also provides that the Tribunals already existing prior to the commencement of proposed legislation shall continue to function till the expiry of the term of office. It also provides that the tenure of the Chairman and member to be for five years from the date of appointment or until the age of sixty-five years, whichever is earlier. It also provides the appeal to High Court within ninety days from the date of order of Tribunal.
• Clause 36 of the bill seeks to amend section 84 relating to Tribunal to hold proceedings expeditiously and to furnish to the parties copies of its decision. It provide that if the matter is not decided within six months, the Tribunal may decide the matter within a further period of six months for the reasons to be recorded in writing as to why the matter was not decided within the said period of six months.
• Clause 37 of the Bill seeks to amend section 91 relating to proceedings under Land Acquisition Act 1 of 1894 so as to substitute the reference of the Land Acquisition Act with the reference of “the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013”; and to substitute the period of “three months” with the period of “one month”.
• Clause 38 of the Bill seeks to amend section 100 relating to protection of action taken in good faith so as to include within its scope the Collector in place of Survey Commissioner.
• Clause 39 of the Bill seeks to amend section 101 relating to Survey Commission, members and officers of the Board deemed to be public servant so as to include within its scope the Collector in place of Survey Commissioner.
• Clause 40 of the Bill seeks to omit section 104 related to application of Act to properties given or donated by persons not professing Islam.
• Clause 41 of the Bill seeks to omit sections 107, 108 and 108A relating to Act 36 of 1963 not to apply for recovery of waqf properties; special provision as to evacuee properties; Act to have overriding effect.
• Clause 42 of the Bill seeks to insert new section 108B relating to power of Central Government to make rules.
• Clause 43 of the Bill seeks to amend section 109 relating to power to make rules.
• Clause 44 of the Bill seeks to amend section 110 relating to powers to make regulations by the Board
  

Minority Affairs Minister Kiren Rijiju Thursday also introduced the “Mussalman Wakf (Repeal) Bill, 2024” to repeal the Mussalman Wakf Act, 1923.

While introducing the bill in the Lok Sabha, Kiren Rijiju, Minister of Minority Affairs, said the “colonial era” Mussalman Wakf Act, 1923 is required to be repealed as “it is outdated and inadequate for effective management of the Waqf properties in “Modern India”.

The proposed Waqf Bill introduced by the government during the ongoing monsoon session of the Parliament today and now referred to the Parliamentary Panel is being opposed by the Muslim organisations also.

 

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