NEW DELHI: The proposed

amendments

to the

Waqf Act

will include, judicial scrutiny to determine whether a property is a waqf asset and mandatory provision of

registration of properties

with district collectors for their actual valuation. Another major proposed change will to broad-base the composition of the

Central Waqf Council

and waqf boards in states by mandating inclusion of two women as members in each of these entities, sources said on Sunday.

Government is also considering giving a new name to the law akin to the meaning of “hope”, sources said. There are 30 waqf boards in the country looking after properties spanning more than 8 lakh acres, which make them the third largest owner of real estate after the ministries of railways and defence.
As per the 40 amendments that were cleared by Cabinet on Friday, the entire mechanism for collection of revenue from commercial use of waqf properties and expenditure will be made online, which will bring transparency and benefit the “poor, children and women”, who hardly get any benefit, sources said. All income from waqf properties are meant to be spent for charity.
Rejecting allegations from some sections that govt is trying to take over waqf properties by bringing changes in the law, sources said the proposed amendments will rather ensure the deprived sections get the maximum benefit as there will be proper use of waqf assets for welfare of poor Muslims. They also said while assets will remain with waqf boards, these will be registered properly and there will be proper audits of these entities, stressing that the amendment to allow judicial scrutiny of waqf boards’ decisions, are based on the recommendations of the Sachar Committee and K Rahman Khan-led joint parliamentary panel.

Sources said govt will establish a framework on how waqf properties should be used so that revenue earned from them are spent for welfare of only poor Muslims.
“Despite the waqf boards having more than 8.7 lakh immovable properties, the total revenue is barely Rs 200 crore. These boards are also controlled by only around 200 people. So the need was felt after getting representations from Muslim women and intellectuals to bring the amendments. The instances and numerous allegations of misuse of power by the boards for so many years simply show how urgent it is to amend the law and how we are too late to correct this,” said a source who did not wish to be named.

Though the govt has not yet decided when to introduce the amendment Bill in Parliament, sources did not deny this as well, while mentioning there is little time available in the session to do so.
The Waqf Act was first passed by Parliament in 1954. Subsequently, it was repealed and a new Waqf Act was passed in 1995 which gave more powers to waqf boards.
In 2013, it was further amended and renamed as Wakf waqf Act to give unlimited powers to the boards to take any property, which even could not be challenged in any court. The Waqf Boards have unlimited powers to claim properties in the name of Muslim charity and even plaintiffs are barred from seeking justice from the judiciary, sources said.
Sources said the Union govt gave the land of Muslims who went from India to Pakistan to the Waqf Boards under the Waqf Board Act of 1954. But in 1995, Congress changed the Waqf Board Act to give the boards unlimited rights to acquire land in what was largely seen as an attempt to modify Muslims in the wake of the Babri demolition of 1991.
The Congress-led UPA govt again amended the act in 2013.