Registration of waqf properties through a central portal and repository, protection of rights of Bohras and ensuring participation of women are some of the salient features of the waqf bill, which the BJP-led National Development Alliance government will table in Parliament to Amend the Religious Funds Law.
News18 has exclusively reported on the Waqf Bill, which seeks to limit the powers of waqf boards, which has been under consultation with the government meeting various stakeholders, including community members, eminent jurists and lawyers, for the past few years.
The number of properties held by waqfs ranks third after land owned by government entities such as railways and defence. However, the value of these lands does not match the revenue generated. Government sources said that since the properties are worth crores of rupees, the annual income will not exceed Rs 200 crore. The Sahar Committee in its recommendations also talked about the need to map properties and their income.
Here are some of the key changes proposed in the legislation:
• The new legislation proposes to rename the Waqf Act, 1995, as the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995.
• The term Waqf will be clearly defined by a person who has embraced Islam for at least five years and owns such property.
• Recommendations on the inheritance of waqf property do not deprive women of their right to inherit such property.
• Collector Investigation Officer or any other officer not below the rank of Deputy Collector will be duly appointed by the Collector to conduct investigation into waqf properties.
• Central Waqf Board and State Waqf Boards will ensure representation of Muslim women and non-Muslims.
• A separate Auqaf committee will be established for Bohras and Aghakhanis.
• The committee will have representatives of Shias, Sunnis, Bohras, Agharanis and other backward sections of the Muslim community.
• Registration of waqf properties must be done through a central portal and database.
• The Bill proposes to provide for detailed variation procedures under revenue laws and to issue appropriate notification to all concerned before recording any property as the property of a religious and communal organization.
• The new bill provides that the Board will no longer be the sole authority to decide whether a property is indeed waqf property.
• The bill proposes to reduce the annual contribution to the board from 7 per cent to 5 per cent from the 'mutawalli' of every waqf with an annual net income of not less than Rs 5,000.
• The bill proposes submission of accounts through a central portal for better control over their activities.
• The new legislation also proposes a reorganization of the court structure to consist of two members, besides providing for appeals against court orders to be lodged in the High Court within a specified period of 90 days.
Several prominent dargah chiefs met with Minority Affairs Minister Kiren Rijiju on Tuesday night to express support for the legislation.
Speaking to Meet me below. It was a fruitful and forward-thinking discussion. They commended and applauded Prime Minister @narendramodi ji for his efforts for the welfare of the entire community and minorities at large. They are also committed to the Sankalp of Viksit Bharat 2047.
Besides Naseeruddin Chishty, the important meeting was attended by Ghulam Najmi Farooqi from Nayeb Sajjadanashin Dargah, Abdul Qadir Qadri, Syed Ali Zaki Hussaini from Dargah Gulbarga Shareef, Uttar Pradesh Sajjadanashin, Ammhar Ahmad Nayar Miya of Uttar Pradesh Sajj Shareef, Ahmed Nizami of Fareed Sajjadanshin Dargah Nizamuddin Auliya, Arshad Faridi of Fathepur Sikri Nayab Sajjadanashin Dargah, AISSC Secretary Javed Khan and Barabanki Dargah Arshad Faridi, AISSC Secretary Javed Khan and Barabanki Dargah Bansa Sharea.
The federal cabinet approved the bill on Friday. Waqf Boards owns approximately over 8.7 lakh properties with a total area of approximately 9.40 lakh acres. In 2013, the UPA government gave more powers to the board by amending the original bill.
The Waqf Act, 1995, was enacted to regulate the 'auqaf' (assets donated and notified as wakf) of wakifs – persons who dedicate their property to any pious, religious or charitable purpose recognized by Muslim law.
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