Minority Issues – SC, ST, Dalits, OBC, Reservations, etc.

The Waqf Board Amendment Bill 2024

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Waqf Amendment Bill 2024; Waqf Act of 1995;

Mains level: Waqf Amendment Bill 2024; Waqf Act of 1995;

Why in the News?

The government has introduced the Waqf Act Amendment Bill 2024, in order to improve administration and management of the Waqf properties.

Aim: To address existing issues in the management and administration of Waqf properties, ensuring better transparency and efficiency.

  • It also seeks to improve the legal framework governing Waqf boards and their operations across India.

Background:

  • The Waqf Board Amendment Bill 2024 proposes changes to the Waqf Act of 1995.
  • The Waqf Board Act, initially enacted in 1995, is a legal framework governing the administration of Waqf properties in India.
  • Waqf refers to the endowment of property for religious or charitable purposes, and the act outlines the structure, functions, and powers of Waqf boards responsible for managing these properties.
  • The Central Waqf Council is a statutory body that advises and oversees the functioning of state-level Waqf Boards in India, established under the Waqf Act.
  • Wakf board’s income is exempt from Income Tax but revenue generated from leasing of properties can be taxed under the service tax and GST laws.

 Features of the Proposed Bill:

  • Waqf Board will mandatorily have two Non-Muslim members.
  • District magistrates may be involved in overseeing waqf properties to ensure proper management. The survey is to be carried out by the district collector, not by Waqf.
  • Properties are to be registered through a Centralized Portal for better scrutiny. Properties already claimed by boards will undergo new verification processes to resolve disputes and prevent misuse.
  • Waqf will lose the right to decide whether any property is a Waqf Asset or not.

Present Composition of Waqf Board

Chairperson Leads the Board
State government nominees Representatives appointed by the state. (The Waqf Board operates under the supervision of the state government as per the provision of the Wakf Act 1995).
Legislators and parliamentarians State representatives from the Muslim community
State Bar Council members Muslim Legal experts providing guidance
Mutawalis Managers of waqf with an annual income of Rs 1 lakh and above
Islamic scholars Religious experts contributing to decision-making

 

Significance of the Waqf Board Amendment Bill 2024:

The bill seeks to bring about significant administrative reforms and ensure more inclusive and efficient management of Waqf assets. Here are some of the significances of the Waqf Board Amendment Bill 2024:

  • Enhanced Transparency: The bill includes provisions to digitize records and create a centralized database. This will make it easier to track and manage Waqf properties, reducing the potential for fraud and mismanagement.
  • Improved Governance: Administrative reforms proposed in the bill by the government will lead to more professional and efficient management of Waqf properties. This could result in better utilization of these resources for charitable and religious purposes​.
  • Protection of Waqf Properties: The bill aims to protect Waqf properties by regulating leasing and preventing encroachments. Unauthorized use and exploitation of these properties will be prevented, ensuring they are used for their intended religious and charitable purposes.
  • Inclusion and Representation: Including Muslim women and non-Muslims in Waqf Boards is a step toward more inclusive governance, ensuring diverse perspectives in decision-making.
  • Efficient Dispute Resolution: The new dispute resolution mechanism will help in resolving conflicts related to Waqf properties more effectively, reducing the burden on regular courts and ensuring quicker justice​.

 

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