Why in 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. 

What’s in Today’s Article?

• Background
• Key Amendments Approved by the JPC
• Conclusion

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.