Waqf bill 1995 vs 2024: From non-Muslim members to collector’s role, here are key changes
Despite strong protests by Opposition, Parliamentary Affairs Minister Kiren Rijiju on Wednesday tabled the Waqf (Amendment) Bill in the Lok Sabha. An eight-hour discussion on the bill, subject to an increase, is scheduled.
What are the key differences between Waqf Bill 1995, Waqf Amendment Bill 2024?
The House also took up the Mussalman Wakf (Repeal) Bill, 2024 for consideration and passing.
The bill was earlier presented in the Lok Sabha on August of last year and a Joint Parliamentary Committee, headed by BJP member Jagdambika Pal, examined it.
The bill seeks to amend Act of 1995. The Bill seeks to improve the administration and management of waqf properties in India. It aims to overcome the shortcomings of the previous act and enhance the efficiency of Waqf boards, improving the registration process, and increasing the role of technology in managing waqf records.
What are the key differences between Waqf Bill 1995, Waqf Amendment Bill 2024?
| Category | Waqf Act, 1995 | Waqf Amendment Bill, 2024 |
| Name of the Act | The Waqf Act, 1995 | Renamed Unified Waqf Management, Empowerment, Efficiency, and Development Act, 1995 |
| Formation of Waqf | Allowed by declaration, user, or endowment (Waqf-alal-aulad) | Removes Waqf by user; only declaration or endowment allowed. Donors must be practicing Muslims for 5+ years. Cannot deny female inheritance. |
| Government Property as Waqf | No clear provision | Government properties identified as Waqf cease to be Waqf. Disputes resolved by the Collector, who reports to the state. |
| Power to Determine Waqf | Waqf Board had authority | Provision removed. |
| Survey of Waqf | Conducted by Survey Commissioners and Additional Commissioners | Collectors empowered to conduct surveys as per state revenue laws. |
| Central Waqf Council | All members had to be Muslims, including two women | Includes two non-Muslims; MPs, former judges, and eminent persons need not be Muslims. The following members must be Muslims: Representatives of Muslim organizations, Scholars in Islamic law, Chairpersons of Waqf Boards. Of the Muslim members, two must be women. |
| State Waqf Boards | Up to two elected Muslim MPs/MLAs/Bar Council members; at least two women | State government nominates members, including two non-Muslims, one each from Shia, Sunni, Backward-class Muslims, Bohra, and Agakhani. At least two Muslim women required. |
| Tribunal Composition | Led by a judge, included Additional District Magistrate & Muslim law expert | Muslim law expert removed; includes District Court judge (chairman) and a joint secretary (state government). |
| Appeal on Tribunal Orders | High Court intervention only under special circumstances | Appeals allowed to High Court within 90 days. |
| Powers of Central Government | State governments could audit Waqf accounts anytime | Central Government empowered to make rules on Waqf registration, accounts, and audits (CAG/ designated officer). |
| Separate Waqf Boards for Sects | Separate boards for Shia & Sunni (if Shia Waqf >15%) | Also allows Bohra & Agakhani Waqf boards. |
