The Waqf (Amendment) Bill was passed in the late night voting after a long debate in the Lok Sabha and Rajya Sabha. After the passage of both houses of Parliament, this bill is now just one step away from the enactment of the law and in such a situation, the discussion is now about the change in its provisions and its possible impact on the Waqf Board. A change in this amendment bill is in relation to the limit act. Through this bill, the government has now brought the Waqf Board under the limits of the Limitation Act.
Waqf was exempted from Border Act
In the Waqf Act of 1995, the Waqfs were exempted from the Boundary Act. Section 107 of the Waqf Act provides that the provisions of the Burmest Act, 1963 will not apply to Waqf properties. Under the Boundarma Act, there is a provision of how many days need to file a case or a case in which case. The claim made after the prescribed period is rejected in the court. This limit is 12 years in terms of private property.
This can be understood from the fact that if someone occupies your land, then you have to file a case in the court within 12 years to get back that land. The exemption given by the Border Act to Waqf can be understood by an example of a person cultivating a piece of land for 50 years. The Waqf Board could also claim that land by saying that it is our land. The person concerned did not have the right to defend himself by citing the time-limit law and argue in the court that he had delayed the claim to file a claim. This property has been in my possession for 50 years and so now you have no claim on it. This has become my land.
Now under the purview of Waqf Border Act
In the Waqf Amendment Bill, the government has abolished Section 107 of the old law. This directly means that the Waqf Board will now come under the purview of the Limitation Act 1963. While presenting the Waqf Amendment Bill in both the houses of Parliament, Minority Affairs Minister Kiren Rijiju clarified that now the Limitation Act will also be implemented on Waqf. The government argues that the Waqf Board was claiming any land at any time due to the non -implementation of this law, causing the disputes to grow. After the Limitation Act is implemented, it will be decided that the claims can be made only for a certain time period and the arbitrariness of the Waqf Board will be stopped. The common people will be confident that now their land will not be snatched in the name of Waqf and Waqf properties will also come under the purview of general law.
What will be the effect of the implementation of the Border Act?
After the Limitation Act is implemented on Waqf properties, the Waqf Board will no longer be able to claim any property, no matter how much time it takes. The Waqf Board cannot claim ownership rights on any property that has been in possession of another person or institution for 12 years or more. There will also be a fixed time frame for the Waqf Board to claim any property. The simple meaning of coming under the purview of the Waqf Border Act will be that the adverse possession act will also apply. Now if a person maintains possession of a Waqf property for 12 years, he can declare himself a permanent owner.
