Waqf (Amendment) Bill 2024: Details of the key amendments approved by JPC

 

 

1. Excluding trusts formed by Muslims: Any Trust created by a Muslim before or after commencement of this Amendment Act will not be considered as waqf. This will allow Muslim communities to manage their own trusts without interference from the Waqf Boards. (as recommended by JCWAB)

 

2. To ensure creation of waqf is genuine: Only individuals practicing Islam for at least five years can dedicate property to waqf. The person must legally own the property and be competent to transfer or dedicate it.

 

3. Removal of Waqf by user: Waqf by user provision refers to properties that became Waqf based on their long-term use for religious or charitable purposes, even without formal documentation. This provision has been proposed for omission as now waqf deed has been made compulsory. However, protection is given to waqf properties (such as Masjid, kabristan (graveyard) etc.) already registered with the Waqf Boards on or before the commencement of this Act, unless it is disputed or a government property. (as recommended by JCWAB)

 

4. Change in scope of Waqf-alal-aulad: Waqf-alal-aulad will not deny inheritance rights to legal heirs, including women heirs and also lawful claims of others. A waqif can dedicate a property only after ensuring that women heir received their legitimate share (as recommended by JCWAB). Amendment expands benefits also to include widows, divorced women, and orphans.

 

5. Transparency and timely digitization of waqf records: Mutawallis of waqf registered before the Waqf Amendment Act, 2025 must upload property details on the portal within six months (extendable by the Tribunal for another six months) (as recommended by JCWAB). The portal enables public access to waqf property details, ensuring transparency and accountability. The entire lifecycle of waqf property management starting from registration, verification by collector, mutation, preparation of annual accounts and audit of waqf, leasing and development of waqf properties and litigation monitoring to be done on the central portal.

 

6. Protection of Government property from waqf claims: Any government property declared as waqf before or after the Waqf Amendment Act, 2025, will not be considered waqf property. A designated officer above the rank of Collector will conduct an inquiry to determine if a disputed property belongs to the government (as recommended by JCWAB). Until the officer submits the report, the property will not be treated as waqf. Necessary changes will be made based on the report to ensure accurate land records.

 

7. Composition of Central Waqf Council (CWC) and State Waqf Boards (SWBs): The Bill mandates at least two Muslim women in the Central Waqf Council and State Waqf Boards to enhance their participation in governance. Inclusion of one member each from Bohra and Aghakhani communities in State/UT Waqf Boards, if they have functional auqaf. Also, the Board will have representation from Muslims belonging to backward classes apart from Shia and Sunni members. Includes two or more elected members from municipalities or Panchayats, strengthening local governance in waqf affairs. The Board/CWC will have two non-Muslim members excluding the ex-officio members (as recommended by JCWAB). Further promoting inclusivity and diversity in waqf property management.

 

8. Formation of separate Boards for Bohras and Aghakhanis: The Bill allows State Governments to establish separate Waqf Boards for Bohra and Aghakhani communities, in addition to Shia and Sunni Boards. This enables the above said communities in managing their waqf affairs while preserving community interests.

 

9. Online registration process of Waqf properties: Up-to-date land records will enable proper identification of waqf properties leading to reduction in litigation. This will also ensure the leasing and development of waqf properties at economical value, which will enhance revenue generation of waqf properties.

 

10. Omission of Section 40: Section 40 allowed the Waqf Board to declare any property as waqf based on information collected by itself, which it has reason to believe to be waqf property. The proposed Amendment omits Section 40.

 

11. The Central Government may direct audits by CAG-appointed auditors or designated officers: Annual auditing will ensure regular income-expenditure updates, enhancing accountability and transparency in management of waqf properties.

 

12. Rationalization of waqf contribution payable to Waqf Board by the mutawalli: The annual contribution by Mutawallis to Waqf Boards reduced from 7 per cent to 5 per cent of income from waqf properties subject to maximum amount as may be prescribed by the Central Government. It allows Mutawallis to retain more funds for religious, charitable, and pious activities (as recommended by JCWAB).

 

13. Composition and functioning of the Waqf Tribunal: Waqf Tribunal will have both serving and retired officials, with a 5-year term or until 65 years of age. Any other Tribunal may be notified as a Waqf Tribunal under the Act. Tribunal decisions are no longer final; appeals can be filed in the High Court within 90 days. If no Tribunal exists or is non-functional, appeals can be made directly to the High Court. The composition of Waqf Tribunal has been expanded to include both serving and retired officials each serving for a fixed tenure of five years from the date of appointment or until they attain the age of sixty five years, whichever is earlier (as recommended by JCWAB).

 

14. Applicability of Limitation Act, 1963 and Omission of Overriding Effect: The Limitation Act, 1963 shall now apply on and from the of the commencement Waqf Amendment Act, 2025 (as recommended by JCWAB).