Waqf (Amendment) Bill 2024: Union Minister Kiren Rijiju introduced the Waqf (Amendment) Bill 2024 in the Lok Sabha on Wednesday. After the passage of this bill, Section 40 of the Waqf Act will become history. With this, no land can be declared a Waqf property overnight.
The Waqf (Amendment) Bill 2024 provides for the abolition of Section 40 of the Waqf Act. This section allows the Waqf Board and Tribunal to declare any land as Waqf property. Law Minister Kiren Rijiju has described it as the “most draconian” provision. He alleged that it was misused to grab land on a large scale. The new bill provides that the decision to declare any land as Waqf can be challenged in court.
Rijiju said, “The most stringent provision in the Waqf Act was Section 40. Under this, the Waqf Board could declare any land as Waqf property. We have removed that provision.”
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The minister said that the Waqf Bill will not take away the land of the Muslim community. Some opposition leaders are misleading the people. Some people are misusing Section 40 of the existing Waqf Act for their own selfish interests. Due to this, the Waqf property has increased by lakhs.
These provisions were in section 40 of the Wakf Act
Under Section 40 of the Wakf Act , the Wakf Board has the power to decide whether a property is a Wakf property or not. The decision of the Wakf Board is final. It can be cancelled or amended by the Wakf Tribunal. One could not appeal against the decision of the Tribunal in the court.
If a property is declared a Waqf then you can go to court within 90 days
In the Wakf Amendment Bill, the provisions that consider the decisions of the Wakf Tribunal as final have been removed. After the bill is passed, if any property is declared Wakf, then an appeal can be made against it in the High Court within 90 days.
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