Waqf Board Amendment Bill: Waqf’s decision is not final, it is difficult to claim property… If the bill passes, will it change?

Today the Waqf Amendment Bill was introduced in the Lok Sabha. After the bill is introduced, discussion on the bill has started. Discussion on the bill in the House started by Union Minister Kiren Rijiju. However, the ruling NDA has sufficient number to pass the bill in the Lok Sabha. On the other hand, the response to this bill is mixed in Muslim communities. The question is, what will be the change after this bill is enacted and implemented?

Will there be any change?
If the Waqf Bill is passed in both houses and applies after the process is completed then many major changes will be seen. Thus, the decision of the tribunal will not be considered final. The claim can be challenged in the Civil Court, High Court and Supreme Court. It will not be easy to claim any land from Waqf. Only the land received in the form of donations can be considered as Waqf property. The entire property of Waqf will be registered on the portal.

In addition, if any claim on government property is made, an inquiry will be done. In addition, no claim of Waqf will be accepted on any land based on use. The bill states that no intervention will be done in the assets of Waqf on which Namaz is performed. No intervention will be done in registered assets. The special thing is that Waqf will not be able to claim property in any tribal area.

It will also change.

The authority of the collector will be taken away.
In place of the District Collector, now the officer of the top rank above the collector will have the right to determine the ownership of the property and submit a report to the state government. This officer will also be selected by the state government.

Waqf Tribunal:
The Waqf Tribunal will have three members. Of these, he will be knowledgeable about Muslim law. Along with this, a former or current district judge will be made the chairman. In addition, the third member will be of joint secretary level in the state government.

Central waqf council
The Bill states that at least two members of this council will be non-Muslim. It will not be necessary to have a Muslim of MPs, former judges and dignitaries appointed in the council. Along with this, representatives of Muslim organizations, experts of Islamic law and chairman of Waqf Board will also be involved. Muslim members should have at least two women.

The decision of the tribunal is not final.
According to the current law, the decision of the Waqf Tribunal is final and it is prohibited to go to court against this decision. However, the High Court can hear such cases at its discretion. Now the provision has been removed in the bill that the decision of the tribunal will be considered final. It has also been said that an appeal can be made in the High Court within 90 days against the decision of the tribunal.

Central government powers
The Amendment Bill empowers the Central Government to change the rules like registration, publication of Waqf accounts. Along with this, the Central Government can conduct an audit of Waqf’s accounts with a CAG or a nominated officer.

Separate boards for bohra and leading
The bill allows separate boards for Bohra and Agakhanis.

How much property does Waqf have?
The latest figures of WAMSI i.e. Waqf Assets Management System of India show that 8 lakh 77 thousand 804 immovable properties are registered with Waqf. While the number of convertible assets is 16 thousand 716.

When did Waqf begin?
According to the Ministry of Minority Affairs, the history of Waqf in India begins from the early days of the Delhi Sultanate. When Sultan Muizuddin Sam Gaur dedicated two villages to Jama Masjid in Multan and handed over its administration to Sheikhul Islam. As the Delhi Sultanate and then the Islamic dynasty flourished in India, the number of Waqf properties increased.

It was further stated that the issue of abolition of Waqf in India arose at the end of the 19th century when a dispute over Waqf property broke out in London Privy Council. At that time India was under colonial rule. The four judges hearing the case described Waqf as the worst and most deadly type of eternal. This donation was declared illegal. Later this decision was not accepted in India. These properties were protected by the law by the Act 1913, the Muslim Waqf Currents Act 1913. Since then, no attempt has been made to control the Waqf.