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Source- This post on Waqf Act 1995 has been created based on the article “Explained: The proposed changes to Waqf law” published in “Indian Express” on 9 August 2024.
Why in News?
The government is expected to introduce a bill in the Lok Sabha that seeks to amend 44 sections of the Waqf Act of 1995.
About Waqf Act and Waqf Board
The Waqf Act of 1995 governs the administration and management of Waqf properties.
Purpose of the act: The Act is designed to ensure that Waqf properties, which are typically dedicated by Muslims for religious, charitable, or specific private purposes, are managed efficiently and in accordance with Islamic law.
Key Provisions of the Waqf Act, 1995
1. About Waqf: A Waqf is a permanent dedication of movable or immovable property for religious, pious, or charitable purposes as recognized by Muslim law. Once a property is declared as Waqf, its status is irrevocable and cannot be changed or reversed.
2. About Waqf Boards: Each state in India is required to establish a Waqf Board, which acts as the custodian of all Waqf properties within the state.
The Waqf Board is responsible for administering the property, recovering lost properties, and ensuring that the properties are used for the intended religious or charitable purposes.
3. Mutawalli: The Mutawalli is appointed by the Waqf Board and manages Waqf property daily. The Board oversees their activities and can remove or replace them if needed.
4. Waqf Tribunal: The Waqf Tribunal is established by the state government, resolves disputes over Waqf properties. It consists of a judicial officer, a civil service officer, and a Muslim law expert.
5. The Act mandates a comprehensive survey of all Waqf properties, which is carried out by a Survey Commissioner appointed by the state government.
6. All Waqf properties are to be registered with the Waqf Board, and any unregistered property cannot be recognized as Waqf.
7. The Waqf Act strictly prohibits the sale, gift, exchange, or mortgage of Waqf properties. Any transfer of immovable Waqf property requires the approval of the Waqf Board, with a two-thirds majority.
8. Penalties for Encroachment: The Act prescribes penalties, including imprisonment of up to two years, for the unauthorized encroachment or misuse of Waqf properties.
Read More- The Waqf (Amendment) Bill 2024- Key changes, Reasons and Concerns- Explained Pointwise
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