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Formation of Waqf
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- Removes waqf by user and allows formation only through declaration or endowment.
- Donors must be practicing Muslims for at least 5 years and must own the property.
- Waqf-alal-aulad cannot deny inheritance rights to female heirs.
Waqf-alal-aulad is a specific type of Waqf where income from the donated property is dedicated primarily for the benefit of the donor’s family or descendants, recognized under Muslim law.
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Government Property as Waqf
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- Any government property identified as Waqf will cease to be Waqf.
- Ownership disputes will be resolved by the Collector, who will submit a report to the state government.
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Power to Determine Waqf Property
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- Waqf Board previously had the power to inquire and determine waqf property, so the provision has been removed.
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Survey of Waqf
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- Empowers Collectors to conduct surveys and mandates pending surveys to be conducted as per state revenue laws.
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Central Waqf Council Composition
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Central Waqf Council - A statutory body established in 1964 under the Ministry of Minority Affairs, to advise the Central Government and State Waqf Boards on Waqf matters.
- Two members must be non-Muslims.
- MPs, former judges, and eminent persons appointed to the Council as per the Act need not be Muslims.
- The following members must be Muslims - Representatives of Muslim organisations, Scholars in Islamic law, Chairpersons of Waqf Boards
- Of the Muslim members, 2 members must be women.
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Waqf Boards Composition
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- The Bill empowers the state government to nominate one person from each background to the Board. They need not be Muslims.
- It adds that the Board must have
- Two non-Muslim members
- At least one member each from Shias, Sunnis, and Backward classes of Muslims
- One member each from Bohra and Agakhani communities (if there is Waqf in the state)
- Two Muslim members must be women.
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Waqf Tribunal Composition
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Waqf Tribunal is a quasi-judicial body set up by state government under Waqf Act 1995 to adjudicate disputes concerning Waqf properties.
- A current or former District Court judge as chairman
- A current or former joint secretary to the state government
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Appeal on Tribunal Orders
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- The Bill omits provisions deeming finality to Tribunal’s decisions.
- Allows appeals to the High Court within 90 days.
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Powers of Central Government
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- The Bill empowers the central government to make rules regarding registration, publication of accounts of waqf and publication of proceedings of Waqf Boards.
- The Bill empowers the central government to get these audited by the CAG (Comptroller and Auditor General) or a designated officer.
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Separate Waqf Boards for Sects
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- Separate Waqf boards allowed for Bohra and Agakhani sects, along with Shia and Sunni sects.
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