Context:
The government on Thursday referred the Waqf (Amendment) Bill, 2024, to a Joint Committee of Parliament.
Waqf property:
- A personal property given by Muslims for a specific purpose — religious, charitable, or for private purposes.
- While the beneficiaries of the property can be different, the ownership of the property is implied to be with God.
- Once a property is declared as Waqf, its character changes forever, and cannot be reversed.
- Governed by – Waqf Act, 1995
- Has provisions for the constitution and appointment of Waqf Boards, Waqf Councils, Chief Executive Officers for Waqf Boards in the states.
- The CEOs and parliamentarians who are part of the Waqf Boards must be from the Muslim community.
- Waqf properties are managed in a way that is similar to how properties under Trusts are managed under the Indian Trusts Act, 1882
- Functions of Waqf Boards –
- Has powers under the law to administer the property and take measures for the recovery of lost properties of any Waqf
- Sanction any transfer of immovable property of a Waqf by way of sale, gift, mortgage, exchange, or lease.
- However, the sanction shall not be given unless at least 2/3rd of the members of the Waqf Board vote in favour of such a transaction.
Major changes in the Bill:
- To change the name of the parent Act from the Waqf Act, 1995, to the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995
- No person shall create a Waqf unless he is the lawful owner of the property and competent to transfer or dedicate such property.
- Government property identified or declared as Waqf property, before or after the commencement of this Act, shall not be deemed to be a Waqf property
- Empowers the government to decide if a property given as Waqf is government land
- This provision essentially means that the Collector (and not the Waqf Tribunal) will make this determination in case of a dispute.
- The Bill proposes to change the composition of Waqf Boards in states.
- It proposes to allow even a non-Muslim CEO, and gives the power to the state government to have at least 2 non-Muslim members to the state Waqf Boards.
Source: The Indian Express
Previous Year Question
With reference to the history of ancient India, which of the following statements is/are correct?
1. Mitakshara was the civil law for upper castes and Dayabhaga was the civil law for lower castes.
2. In the Mitakshara system, the sons can claim right to the property during the lifetime of the father, whereas in the Dayabhaga system, it is only after the death of the father that the sons can claim right to the property.
3. The Mitakshara system deals with the matters related to the property held by male members only of a family, whereas the Dayabhaga system deals with the matters rélated to the property held by both male and female members of a family.
Select the correct answer using the code given below:
[UPSC Civil Service Exam – 2021 Prelims]
(a) 1 and 2
(b) 2 only
(c) 1 and 3
(d) 3 only
Answer: (b)
Explanation:
Statement 1 is incorrect. Castes are not specified in these laws.
Statement 3 is incorrect. Both laws deal with the matters related to the property held by both male and female members of a family.
