Prime Minister Narendra Modi-led Nationwide Democtratic Alliance (NDA) authorities is slated to introduce the Waqf (Modification) Invoice, 2024 within the Lok Sabha at the moment in a bid to amend the Waqf Act, 1995, that provides the Muslim board huge powers. The Invoice introduced by the BJP-led authorities seeks to handle points associated to the powers of the State Waqf Boards, registration and survey of waqf properties and elimination of encroachments. Minority Affairs Minister Kiren Rijiju is prone to desk the invoice within the Lok Sabha. As many as 40 modifications could also be proposed within the invoice. Listed here are 10 issues to know:
1. The opposition led by the Congress has urged the federal government to ship the Invoice to the Standing committee. Standing Committees are everlasting and common committees that are constituted every so often in pursuance of the provisions of an Act of Parliament or Guidelines of Process and Conduct of Enterprise in Lok Sabha.
2. The federal government has additionally determined to withdraw the Waqf Properties (Eviction of Unauthorised Occupants), Invoice, 2014 which was launched in Rajya Sabha in February 2014, when Congress-led UPA authorities was in energy. The Invoice is listed for withdrawal from Rajya Sabha at the moment.
3. Aside from introducing the Waqf (Modification) Invoice, 2024, Rijiju may also introduce The Mussalman Wakf (Repeal) Invoice, 2024 which seeks to repeal the Mussalman Wakf Act, 1923. The Waqf (Modification) Invoice, 2024, Waqf Act gives for the renaming of the Waqf Act, 1995, because the Unified Waqf Administration, Empowerment, Effectivity and Improvement Act, 1995.
4. The Waqf modification invoice seeks to obviously outline “waqf” as waqf by any particular person training Islam for a minimum of 5 years and having possession of such property and be certain that creation of Waqf-alal-aulad doesn’t result in the denial of inheritance rights to girls.
5. The invoice additionally seeks to omit the provisions regarding the “waqf by consumer”, present the capabilities of the Survey Commissioner to the Collector or some other officer not under the rank of Deputy Collector duly nominated by the Collector for the survey of waqf properties, present for a broad-based composition of the Central Waqf Council and the State Waqf Boards and guarantee illustration of Muslim girls and non-Muslims.
6. The invoice seeks to offer for institution of separate Board of Auqaf for Boharas and Aghakhanis. It gives for the illustration of Shia, Sunni, Bohra, Agakhani and different backward courses amongst Muslim communities, streamlining the way of registration of waqfs by way of a central portal and database and offering for an in depth process for mutation as per income legal guidelines with due discover to all involved earlier than recording any property as waqf property.
7. The invoice seeks to omit part 40 regarding the powers of Board to resolve if a property is waqf property, present for submitting of accounts of waqf by mutawallis to the Board by way of a central portal for higher management over their actions, reform the Tribunal construction with two members and supply for appeals towards the orders of the Tribunal to the Excessive Court docket inside a specified interval of ninety days.
8. The invoice mandates the appointment of a full-time chief govt officer for the Waqf Boards by the state authorities. This officer should maintain a rank no decrease than that of a joint secretary within the state authorities and doesn’t must be a Muslim.
9. A big proposed modification is the repeal of Part 40 of the present legislation, which provides Waqf Boards the authority to find out if a property is a Waqf asset. The amendments additionally embody modifications to the composition of Waqf tribunals and permit for appeals towards their selections in excessive courts inside 90 days.
10. Consequently, the present provision stating that “the choice of the tribunal in respect of such matter shall be closing” will likely be eliminated. This provision, launched in 2013 through the Congress-led UPA authorities, has been controversial. Moreover, the issuance of a ‘Waqf deed’ and certification will likely be required for brand new properties beneath evaluation.
