The key provisions of the Waqf Act 1995 as amended in 2013 may be summarised as follows:

1. The definition of "encroacher" has been expanded to include public and private institutions, as well as individuals whose tenancy, lease, or license has expired or been terminated. This change enhances the authority of the Waqf Board and Tribunal to address issues of encroachment on Waqf properties.
    
2. The amended Act now allows for the establishment of a Waqf by individuals of faith other than Islam.
    
3. The State Government is required to maintain a list of Waqf properties and complete it promptly. If a survey Commissioner of Awqaf is not appointed, he will need to be appointed within three months. The State Government will cover the costs associated with the publication of this survey. Previously, there was no such legal obligation, leading to incomplete surveys in many states. Additionally, Waqf properties that have already been surveyed or registered will not be subject to review under the new scheme. It is also mandated that the Revenue Authority must reference Waqf records when updating land records to minimize potential errors.
    
4. The Waqf Tribunal has been granted the authority to assess damages from unauthorized occupants of Waqf properties and to recover these as arrears of land revenue through the Collector. As a result, unauthorized occupants will be responsible for paying damages to the Waqf Institutions or the Waqf Board.
    
5. The Central Waqf Council is empowered to issue directives to the State Waqf Boards regarding their financial performance, surveys, maintenance of Waqf deeds, revenue records, encroachment issues, annual reports, and audit reports. The Council can initiate information requests on its own, but disputes arising from its directives may be referred to a Board of Adjudication led by a retired Supreme Court Judge or retired Chief Justice of a High Court.
    
6. A provision has been established stipulating that if there is no Muslim member on the Bar Council of a State or Union Territory, the State Government may nominate a Senior Muslim Advocate from that State when constituting the State Waqf Board. In addition, a Muslim with professional experience in specific fields, a scholar of Shia and Sunni theological studies, and a Joint Secretary-level officer from the State Government will also be included as members of the State Waqf Board. A full-time Chief Executive Officer, who is a Muslim and no lower than the rank of Deputy Secretary, must also be appointed.
    
7. The District Magistrate, ADM, or SDM is required to implement the decisions of the Board as communicated by the CEO. This provision is intended to further empower the Waqf Board in enforcing its decisions through administrative channels.
    
8. Waqf properties can now be leased for up to 30 years (previously limited to 3 years) for commercial, educational, or residential purposes to enhance income generation. The Central Government is mandated to formulate regulations for leasing Waqf properties, which must be adhered to by the Waqf Board in the future. However, Mosques, Dargahs, Khanqahs, graveyards, and Imambadas cannot be leased.
    
9. The acquisition of Waqf properties must involve consultation with the Waqf Board, and such acquisitions must comply with the Places of Public Worship (Special Provisions) Act, 1991, particularly in scenarios where alternative land is available. Additionally, if land is acquired, suitable compensation or equivalent land must be provided.
    
10. A penal clause, Section 52(A), has been introduced, stating that anyone who alienates, purchases, or permanently takes any Waqf property without prior authorization from the Board may face rigorous imprisonment for up to two years, and the offence will be cognizable and non-bailable. Moreover, any improperly transferred property will revert to the Waqf Board. These provisions for suo motu vesting will significantly aid the Waqf Board in reclaiming improperly alienated Waqf properties.
     
11. Section 54 has been amended to allow the Chief Executive Officer to petition the Tribunal for eviction orders.
     
12. Furthermore, Section 77 now includes the provision for maintenance payments to Muslim women per court orders under the Muslim Women (Protection of Rights on Divorce) Act, 1986, enabling women facing hardship to receive maintenance from the Waqf Board.
     
13. The newly established Waqf tribunal will consist of a Chairman and other members, moving away from being a singular body. Under the amended Act, the Chairman of the Tribunal will be either a District/Session Judge or a Class I Civil Judge, and one member will be required to be an expert in Muslim law and jurisprudence.

Reference:

• https://www.minorityaffairs.gov.in/WriteReadData/RTF1984/1658388387.pdf

Written By: Md.Imran Wahab, IPS, IGP, Provisioning, West Bengal
Email: [email protected], Ph no: 9836576565