Bihar State PCS

• 28 Aug 2024

Waqf Board Claims Over a Village in Bihar

Why in News?

Recently, The Bihar Waqf Board has sent notice to villagers in Govindpur village, demanding they vacate the land within 30 days.

Key Points

• After receiving these notices, all landowners filed a petition in the Patna High Court.
• The High Court stated that the land has been in the names of the petitioners' descendants since 1910.
  • The Waqf (Amendment) Bill, 2024 was also introduced in the Parliament in August 2024.

Waqf Board

• A Waqf board is a legal entity capable of acquiring, holding and transferring property. It can sue and be sued in court.
• It administers Waqf properties, recovers lost properties and sanctions the transfer of immovable Waqf properties through sale, gift, mortgage, exchange, or lease, with at least two-thirds of the board members voting in favour of the transaction.
• The Central Waqf Council (CWC), established in 1964, oversees and advises state level Waqf Boards across India.
• It is said to be the third-largest landholder in India after the Railways and the Defence department.

Key Amendments in Waqf Act (Amendment Bill), 2024

• Transparency: The Bill outlines around 40 amendments to the current Waqf Act, including that Waqf Boards will be required to undergo mandatory verification for all property claims, ensuring transparency.
• Gender Diversity: Sections 9 and 14 of the Waqf Act, 1995 will be amended to modify the composition and functioning of the Waqf Board, including the addition of women representatives.
• Revised Verification Procedures: New verification procedures will be introduced for Waqf properties to address disputes and prevent misuse, with district magistrates potentially overseeing these properties.
• Limited Power: The amendments respond to concerns about the Waqf Boards’ unchecked powers, which have led to extensive land being claimed as Waqf, causing disputes and misuse claims.
  • For example, in September 2022, the Tamil Nadu Waqf Board claimed the entire Thiruchendurai village, which is predominantly Hindu.