NEW DELHI, APRIL 2025 — The government has introduced a Bill to amend the Waqf Act, 1995, proposing a significant revamp in the governance and administration of Waqf properties across the country. First tabled in the Lok Sabha in August 2024, the Bill was later referred to a Joint Parliamentary Committee (JPC), which incorporated several key suggestions into the final draft.
The Bill aims to enhance transparency, efficiency, and inclusivity in the management of Waqf institutions, and proposes renaming the 1995 Act to the “Unified Waqf Management, Empowerment, Efficiency, and Development Act.”
KEY CHANGES PROPOSED IN THE AMENDMENT BILL
ELIGIBILITY TO DECLARE A WAQF
The Bill states that only a person “practicing Islam for at least five years” and who owns the property may declare it as waqf. It eliminates the provision for waqf by the user, which previously allowed properties to be deemed waqf based on prolonged religious use.
It also specifies that waqf-alal-aulad (family waqf) must not “result in the denial of inheritance rights to the donor’s heir, including women heirs.”
REMOVAL OF BOARD’S DETERMINATION POWERS
A significant change is the removal of the Waqf Board’s authority to inquire and determine whether a property is waqf, a power previously granted under the 1995 Act.
CHANGES TO THE CENTRAL WAQF COUNCIL
The Bill restructures the composition of the Central Waqf Council:
- At least two members must be non-Muslims
- Members such as MPs, former judges, and eminent persons need not be Muslims
- However, representatives from Muslim organisations, Islamic scholars, and Waqf Board chairpersons must be Muslims
- Among Muslim members, “two must be women”
The Union Minister in-charge of Waqf will continue to serve as the ex-officio Chairperson.
ENHANCED POWERS FOR CENTRE
The Bill grants the Central Government the power to frame rules for the registration of waqfs, publication of accounts, and Waqf Board proceedings. Additionally, it allows the Centre to order audits through the Comptroller and Auditor General (CAG) or any designated officer, a responsibility earlier vested with State governments.
INCLUSION OF MORE SECTS FOR SEPARATE WAQF BOARDS
While the existing Act permits separate Boards for Sunni and Shia sects where Shia waqf constitutes over 15% of the total, the amended Bill extends this provision to include the Aghakhani and Bohra sects.
WAQF TRIBUNAL DECISIONS NOW OPEN TO APPEAL
A major legal change is the removal of the clause that made Waqf Tribunal decisions final. The Bill allows appeals to High Courts within 90 days of the Tribunal’s order, enhancing the scope for judicial scrutiny.
WHAT IS WAQF?
Waqf refers to properties dedicated permanently for religious or charitable purposes under Islamic law. The Waqf Act, 1995 governs their administration, covering roles such as the Mutawalli (caretaker), State Waqf Boards, the Central Waqf Council, and Waqf Tribunals, which function akin to civil courts in related matters.
CONCLUSION
The proposed amendments mark a shift towards a centralized and streamlined governance structure for Waqf properties. By redefining eligibility norms, changing the composition of the Central Waqf Council, and introducing appeal provisions, the Bill aims to modernize and democratize the management of waqf institutions across India.
