In a major step to curb the powers of Waqf Boards, the Narendra Modi-led Central government is likely to introduce a bill in the Parliament later this week to amend the Waqf Act. Sources said the Cabinet on Friday evening discussed 40-odd amendments in the Waqf Act, including ones to check the jurisdiction of Waqf Boards which now control assets running into lakhs of crores of rupees across the country.
"As per the proposed amendments, claims on properties made by Waqf Boards, which were previously unrestricted, will be mandatorily verified. Mandatory verification has also been proposed for disputed properties of Waqf Boards," they said.
Currently, the boards have the power to tag any property as a waqf asset. More than 8.7 lakh properties across the country, totalling around 9.4 lakh acres, are under the jurisdiction of Waqf Boards.
Sources said flaws in the appeal process are also under scrutiny. As of now, any appeal against the board's decision is filed to the Waqf Tribunal, but there is no time limit for the disposal of such appeals. Under sub-section (7) of Section 83 of the Waqf Act, the decision of the Tribunal is also final and binding upon the parties and it has the force of a decree made by a civil court. There is no provision for appeal except writ jurisdiction in higher courts.
Now, the government is considering the possibility of involving district magistrates in monitoring to prevent misuse of waqf properties, sources said, adding that the proposed amendments also aim to give representation to women in the Central Waqf Council and state boards.
Though an official briefing on Friday evening on Cabinet decisions did not mention this move, sources indicated that a Bill to amend the Waqf Act is likely to be introduced in Parliament next week. If the law is amended, it is likely to have a direct impact in areas like Uttar Pradesh where the Waqf Board is very active and has a lot of land.
The need for such legislation arose as the government took note of the wide powers given to state waqf boards to claim any property and delays in surveying such properties in most states.
The Waqf 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 recognised by Muslim law as pious, religious or charitable. However, more sweeping powers were conferred on state boards by bringing amendments to the original Act during the UPA govt in 2013. These amendments became a major bone of contention among waqf authorities, individual property owners, and several state entities, including the Archaeological Survey of India.