Union Cabinet Approves Amendments Proposed by the JPC to the Waqf (Amendment) Bill

What’s in Today’s Article?

• The Waqf (Amendment) Bill 2024 Latest News
• The Waqf (Amendment) Bill 2024 Background
• Conclusion
• The Waqf (Amendment) Bill 2024 FAQs

The Waqf (Amendment) Bill 2024 Latest News

• The Union Cabinet has approved all 14 amendments proposed by the Joint Parliamentary Committee (JPC) to the Waqf (Amendment) Bill, 2024. 
• The Bill is expected to be tabled in Parliament during the second half of the Budget session starting on March 10. 
• The amendments address key provisions concerning the regulation, registration, and dispute resolution mechanisms for waqf properties in India.

The Waqf (Amendment) Bill 2024 Background

• The Bill was introduced in August 2023 to amend the Waqf Act, 1995, which governs the management of waqf properties in India.
• It proposed significant changes, including increased government oversight of waqf properties and dispute resolution mechanisms.
• Following opposition criticism, the Bill was referred to a JPC (headed by BJP MP Jagadambika Pal), which reviewed 58 proposed amendments, accepting 14 and rejecting 44.
• The amendments cleared by the JPC, and now the Union Cabinet, address some of the most contentious parts of the Bill.

Key Amendments Approved by the JPC

• Extended time-frame for registration:
  • The Bill initially required all waqf properties to be registered on a central portal within six months of the law’s enactment.
  • The JPC accepted an amendment allowing an extension if the mutawalli (caretaker) provides a valid reason for the delay.
  • The Waqf Tribunal will have the power to grant such extensions, though no fixed timeline has been specified.
  • Another amendment extends the deadline for waqfs to file legal proceedings even if not registered on the portal, provided an affidavit explaining the delay is submitted.
• Role of district collector in dispute resolution:
  • The 2024 Bill originally transferred the power of determining government property claims from the Waqf Tribunal to the District Collector.
  • The JPC modified this provision, accepting amendments to replace the District Collector with a designated senior state government officer.
  • The so-called “designated officer” will be responsible for making necessary changes to the revenue records, if a property is deemed to be a government property and not a Waqf property.
  • Until a final decision is made, disputed property will continue to be treated as government property.
• Changes in Waqf Board representation:
  • The 2024 Bill proposed allowing a non-Muslim Chief Executive Officer, and at least two non-Muslim members to be appointed by the state government to the waqf boards at the state level.
  • The JPC amended this, ensuring that the government official in the Board must be a Joint Secretary-level officer dealing with Waqf matters.
  • Another amendment mandates the inclusion of a member in the Waqf Tribunal with expertise in Muslim law and jurisprudence.
  • The previous version of the Waqf Bill proposed that the tribunal have a sitting or retired district judge (as chairperson), and a Joint Secretary-level officer of the state government (as a member).

Conclusion

• The amendments aim to balance government oversight with waqf autonomy, addressing concerns regarding property disputes, legal recourse, and representation on waqf boards. 
• The revised Bill is expected to be debated in Parliament soon, where further discussions may shape its final implementation.

The Waqf (Amendment) Bill 2024 FAQs

Q1. What are the key objectives of the Waqf (Amendment) Bill, 2024?

Ans. The Bill aims to enhance government oversight of waqf properties, establish a central registration portal, and revise dispute resolution mechanisms.

Q2. How does the Waqf (Amendment) Bill modify the role of the District Collector in waqf property disputes?

Ans. The JPC-approved amendment replaces the District Collector with a senior state government officer for determining government property claims related to waqf land.

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Q3. What provisions have been introduced regarding the registration of waqf properties?

Ans. The Waqf (Amendment) Bill mandates registration on a central portal within six months but allows waqfs to seek extensions from the Waqf Tribunal if they provide valid reasons.

Q4. How has the composition of Waqf Boards been altered in the 2024 Bill?

Ans. The amendment ensures that the government representative in the Waqf Board is a Joint Secretary-level officer dealing with waqf matters.

Q5. What major concerns were raised regarding the Waqf (Amendment) Bill, and how were they addressed?

Ans. Concerns included excessive government control and restrictions on legal recourse, which were partially addressed by extending registration timelines and modifying dispute resolution authority.

Source: IE