Waqf Bill adds widows, orphans to waqf purposes, extends Tribunal appeal time to two years

This Bill amends the Waqf Act, 1995 to rename it as the 'Unified Waqf Management, Empowerment, Efficiency and Development' Act and introduces stricter conditions for creating waqfs, including requiring the creator to be a lawful owner and a Muslim for at least five years. It also mandates the registration of existing waqfs on a central digital portal and clarifies the status of government properties claimed as waqf.

Who it concerns: The Bill affects waqf creators (specifically those practising Islam for at least five years), existing waqf boards and mutawallis (managers), government organisations (Central and State), and the general public regarding the use of waqf properties and inheritance rights.

What the bill does

• Renames the Waqf Act, 1995 to 'Unified Waqf Management, Empowerment, Efficiency and Development'.
• Defines 'Aghakhani waqf' and 'Bohra waqf' as distinct categories.
• Requires waqf creators to be lawful owners of the property and to have practised Islam for at least five years.
• Prohibits the creation of 'waqf-alal-aulad' (waqf for descendants) if it denies inheritance rights to heirs, including women.
• Mandates that all existing registered waqfs file detailed information (boundaries, income, expenses, court cases) on a central portal and database within six months of the Act's commencement.
• Declares that government property identified as waqf shall not be deemed waqf property until a Collector investigates and confirms its status.
• Transfers pending surveys of auqaf from Survey Commissioners to Collectors.
• Requires a 90-day public notice in two daily newspapers (one in regional language) before changing land records for waqf properties.
• Restructures the Central Council and State Boards to include specific representation from Muslim organisations, scholars, mutawallis, and non-Muslim members, with mandatory inclusion of women and representatives from Shia, Sunni, Bohra, and Aghakhani communities where applicable.
• Allows State Governments to establish separate Boards of Auqaf for Bohras and Aghakhanis if deemed necessary.

Also in the document

• The Bill explicitly includes provisions for the maintenance of widows, divorced women, and orphans in the definition of waqf purposes.
• It removes the finality of Tribunal decisions in certain sections, allowing for further review or appeal processes.
• It extends the time limit for filing applications to the Tribunal from one year to two years, with provisions for extension if sufficient cause is shown.
• The Bill mandates that two members of the Central Council and two members of the State Boards must be non-Muslims.