One of the major highlights of the Waqf (Amendment) Bill, passed by the Lok Sabha on Wednesday was the omission of Section 40 of the current Act, which relates to the powers of the board to decide if a property is Waqf property. The removal of the Section has sparked a controversy with the Opposition and Muslim bodies opposing it.
Rijiju called the section 'most draconian', adding that this has now been done away with. "It gave the power to Waqf Boards to declare any property as its own. Now, it will no longer be the case," he pointed out.
What is Section 40?
Section 40 of the Act stipulates that the ultimate power to decide whether a property is Waqf or not lies with the Waqf Board.
There are four sub-sections to the Act. The first stipulates that the Waqf Board can collect details regarding any property which it has a reason to believe is a Waqf property and can decide on it as it deems fit.
The sub-section 2 gives the Waqf Board immunity from any executive challenge, meaning that its decision will be final, thereby giving it an upper hand.
The sub-section 3 deals with those properties that are not originally Waqf properties, but registered under any other trust or society. It empowers the Waqf Board to hold an inquiry into the nature of any property of any trust or society registered under the Indian Trusts Act or Societies Registration Act that it believes is Waqf. If the board finds it to be Waqf, it can call upon the trust or society, either to register such property under the Waqf Act or show cause why such property should not be so registered.
As for the last sub-section, it approves the board's decision after receiving the response to the show cause notice. This decision is deemed fina, unless it is revoked or modified by a Waqf Tribunal.
However, the Waqf (Amendment) Bill, 2025 has entirely done away with this provision.
The Centre argues that doing away with the Section will bring transparency and effectiveness in the management of Waqf properties. However, the Opposition says that this will end the autonomy of the Waqf Board and the government will get more control over the matters of Waqf properties.
The Opposition has vehemently opposed the move, with Trinamool Congress (TMC) MP Kalyan Banerjee stating that removing the Section leaves the Waqf Board a "toothless doll."
