– Akhilesh Tripathi
The Yogi government in Uttar Pradesh is set to introduce a new law for Waqf properties. This law aims to open new avenues for the general public to utilise Waqf properties. The law will set a minimum qualification of a bachelor’s degree for individuals appointed as Mutawallis (custodians) of Waqf properties.
Through this law, the BJP government aims to gain control over Waqf properties and manage their operations and maintenance according to its preferences. The government also intends to open up the use of Waqf properties for the general public, meaning these properties could now be rented out or utilised in other ways by ordinary people.
According to sources, there may be provisions for using Waqf properties in line with their original purpose, benefiting the general public. However, it is still unclear what role the public will play in this and in what capacity they will be allowed to use these properties.
The Waqf Act of 1995 (as amended in 2013) is currently in effect in Uttar Pradesh. During the state government’s cabinet meeting held on October 4, discussions were conducted on drafting new regulations under this Act. However, no consensus was reached, so the proposal was not approved. According to sources, the proposal will soon be presented again in a cabinet meeting.
This proposal may include provisions for utilising Waqf properties in a manner that aligns with their intended purpose and benefits the general public. This could potentially open up new avenues for the public to use Waqf properties.
In the new regulations, the District Magistrates will continue to serve as Survey Commissioners of Waqf properties, but their responsibilities will be increased to prevent misuse of these properties. The new regulations will also include provisions for regular elections of the Waqf Board’s chairperson and members.
There will be strict measures to remove illegal encroachments from Waqf properties, allowing the removal of corrupt Mutawallis. It will be mandatory to conduct an annual audit of the income and expenses of Waqf properties.
The new regulations being drafted for Waqf properties include a provision that in Uttar Pradesh, an illiterate person will not be eligible to become a Mutawalli of Waqf properties. A bachelor’s degree will be required to become a Mutawalli. Additionally, the minimum age requirement for becoming a Mutawalli is being raised from 18 to 25 years. Previously, there was no educational qualification set for the position of Mutawalli in Uttar Pradesh.
Currently, there are around 13 million Waqf properties in Uttar Pradesh, including land, houses, shops, cemeteries, Imambadas, and mosques. By drafting new regulations for Waqf properties, is the Yogi government perhaps preparing to allow people from other communities to take control of these properties under the guise of these new rules? The idea of using Waqf properties in the interest of the general public raises questions and seems difficult to understand.
