Central Government Set To Bring Bill To Curb Waqf Board Powers On Assets

Delhi/Hyderabad, Aug 4 (Maxim News): In a major step, the Central government wants to curb the “unfettered” powers of Waqf Boards to declare any property a ‘waqf asset‘ and take control of it.

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Sources said the Cabinet on Friday evening discussed 40-odd amendments in the Wakf Act (known as Waqf Act before 2013), including ones to check the jurisdiction, considered arbitrary in many quarters, of Waqf Boards which now control assets running into lakhs of crores of rupees across the country.

Under the proposed amendments, Waqf Boards‘ claims, which were previously unrestricted, will be subject to mandatory verification. A similar mechanism of mandatory verification has been proposed also for properties for which Waqf Boards and individual owners have made claims and counter-claims.

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Though an official briefing on Friday evening on Cabinet decisions did not mention this move, sources indicated that a Bill to amend the Wakf Act is likely to be introduced in Parliament next week.

Sources also said that the two provisions of mandatory verification of properties which would check arbitrary powers of Waqf Boards, are the major amendments proposed to the Act. At present, these entities have the power to tag any property as a waqf asset. More than 8.7 lakh properties across the country, totaling around 9.4 lakh acres, are under the jurisdiction of Waqf Boards.

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The need for such legislation arose as there were several representations from Muslim Intellectuals, women, and different sects such as Shia and Bohras, among others, seeking changes in the existing law, sources said, underlining that the preparation to bring amendments had started much before the 2024 Lok Sabha elections. They also added that preliminary perusal of the laws across Islamic nations such as Oman, Saudi Arabia, and others show that none of these countries have given such sweeping powers to one entity.

More sweeping powers were conferred on Waqf Boards by bringing amendments to the original Act during the UPA govt in 2013, which have been a major bone of contention among waqf authorities, individual property owners, and several state entities, including the Archaeological Survey of India.

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The Wakf Act, of 1995 was enacted to regulate ‘auqaf’ (assets donated and notified as waqf) by a wakif- the person who dedicates a property for any purpose recognized by Muslim Law as pious, religious, or charitable.

Earlier, the government had taken note of the sweeping powers of state Waqf Boards to stake claim on any property and also delay in conducting a survey of such property in most states. The government had also considered the possibility of involving district magistrates in the monitoring of waqf properties to prevent misuse of the assets. Sources said the flaws in the appeal process were also under scrutiny. (Maxim News)

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