The Waqf (Amendment) Bill 2024 , was presented in the Lok Sabha on August 8, 2024. This legislation modifies the Waqf Act of 1995, which governs waqf properties in India.

The Act characterizes waqf as an endowment of both movable and immovable assets for purposes deemed pious, religious, or charitable according to Muslim law. Each state is mandated to establish a Waqf Board responsible for the administration of waqf properties. The Bill proposes to rename the Act as the ‘United Waqf Management, Empowerment, Efficiency and Development Act, 1995’.

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The establishment of waqf is permitted under the Act through the following means: (i) a formal declaration, (ii) acknowledgment based on prolonged usage (waqf by user), or (iii) an endowment that occurs when the line of succession ceases (waqf-alal-aulad). The Bill specifies that only individuals who have practiced Islam for a minimum of five years are eligible to declare a waqf. Furthermore, it stipulates that the individual must possess ownership of the property being designated. The provision for waqf by user has been eliminated. Additionally, it is emphasized that waqf-alal-aulad must not infringe upon the inheritance rights of the donor’s heirs, including female heirs.

Government Property as Waqf: The proposed legislation stipulates that any government property recognized as waqf will no longer retain that status. In cases of ambiguity regarding ownership, the area Collector will make a determination and provide a report to the state government. If the property is classified as government property, the revenue records will be updated accordingly.

Authority to Ascertain Waqf Status: The existing Act grants the Waqf Board the authority to investigate and ascertain whether a property qualifies as waqf. This provision has been eliminated in the new Bill.

Waqf Survey: The current Act allows for the appointment of a Survey Commissioner and additional commissioners to conduct waqf surveys. The new Bill, however, delegates this responsibility to Collectors. Any outstanding surveys will be carried out in accordance with state revenue regulations.

Central Waqf Council: The Act establishes the Central Waqf Council to provide guidance to both central and state governments as well as Waqf Boards. The Union Minister responsible for Waqf serves as the ex-officio chairperson of the Council. The Act mandates that all members of the Council be Muslims, with a minimum of two being women. In contrast, the Bill stipulates that two members must be non-Muslims. Members of Parliament, former judges, and distinguished individuals appointed to the Council under the Act are not required to be Muslims. However, the following members must be Muslims: (i) representatives from Muslim organizations, (ii) experts in Islamic law, and (iii) chairpersons of Waqf Boards. Among the Muslim members, at least two must be women.

Waqf Boards: The legislation stipulates the election of up to two representatives from electoral colleges comprising Muslim: (i) Members of Parliament, (ii) Members of the Legislative Assembly and Members of the Legislative Council, and (iii) members of the Bar Council from the state to the Board. In contrast, the Bill grants the state government the authority to appoint one individual from each of these categories to the Board, without the requirement for them to be Muslim. Furthermore, it mandates that the Board must include: (i) two members who are non-Muslims, and (ii) at least one representative each from Shia, Sunni, and Backward classes of Muslims. Additionally, if the Bohra and Agakhani communities possess waqf in the state, the Board must include one member from each of these communities. The Act specifies that a minimum of two members must be women, while the Bill asserts that two of the Muslim members must also be women.

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Composition of Tribunals: The Act mandates that states establish Tribunals to resolve disputes related to waqf. The Chairman of these Tribunals is required to be a Judge of a rank equivalent to that of a Class-1, District, Sessions, or Civil Judge. Other members consist of: (i) a state officer of a rank equivalent to an Additional District Magistrate, and (ii) an individual well-versed in Muslim law and jurisprudence. The Bill, however, eliminates the latter requirement from the Tribunal. Instead, it proposes the following membership: (i) a current or former District Court judge as the chairman, and (ii) a current or former officer holding the rank of joint secretary to the state government.

Appeal on orders of Tribunals: According to the Act, the decisions rendered by the Tribunal are conclusive, and appeals against these decisions in courts are not permitted. The High Court retains the authority to review matters either on its own initiative, upon application by the Board, or at the request of an aggrieved party. The Bill removes the provisions that confer finality to the Tribunal’s decisions, allowing for appeals against Tribunal orders in the High Court within a period of 90 days.

Powers of the central government: The Bill grants the central government the authority to establish regulations concerning: (i) registration, (ii) the publication of waqf accounts, and (iii) the publication of proceedings of waqf Boards. Under the Act, the state government is permitted to audit the accounts