THE WAQF (AMENDMENT) BILL, 2024

Md Wasim Khan

ABSTRACT

In August 8 2024 the Indian Lok Sabha introduced the Waqf (Amendment) Bill, 2024
to amend the 1995 Waqf Act and increase the government’s supervision of Waqf
properties. It aims to repeal the Mussalman Wakf Act, 1923 and the existing act is
renamed as “United Waqf Management, Empowerment, Efficiency and Development”
Act, 1995. Some of them are limiting the function and autonomy of Waqf boards,
making it obligatory for the chief administration to register all Waqf property, and to
allow machinery like District collectors to decide on the status of the property. The
bill has politically caused controversies, was described as taken away the Muslims’
ability to govern themselves in matters to do with religion while others said it has
solved problems that have been persistent in administration.

Keywords :

Indian Lok Sabha

Waqf Act of 1995
Government oversight
Waqf properties
 1. INTRODUCTION

The Waqf Amendment Bill 2024i is one of the progressive measures for bringing
about change to the structural and governance of the Waqf properties in India. A
Waqf, which means, endowment made for Islamic charitable purposes constitutes a
very vital source that provides for the welfare and development of the community.
However, there being a lot of legal structures that encompass the management of
these properties, the Waqf institution has faced the following problems; ; Inefficiency,
opacity, and inadequate control structures are some of the issues the existing legal
framework of Waqf properties has witnessed.

To that effect, the proposed amendments seek to solve these problems through
increasing the efficiency of the Waqf boards in the country. Some main provisions of
the Bill include: efficiency of the working bureaucracy, appropriate mechanisms for
control of financial activities, and appropriate management for the proper use of the
Waqf property for public interest. Due to lack of clear policy that governs
management of the properties, there have been cases of corrupt practices and misuse
of funds which are eradicated by the amendment for a sustainable management of
Waqf properties.
1

Furthermore, the Bill focuses on technology about the utilisation of Waqf properties
and this entails digitization and enhance record keeping issues on the Waqf properties.
This modern approach is believed will bring about transparency and also make it easy
for stakeholders to obtain information relating to use of Waqf assets.

Further, the Rapporteurs of the Waqf Amendment Bill 2024 go further to extend local
communities’ participation in decision making on the management of the wafq.
Participation of the deprived segment of the society is aimed at ensuring the
utilization of the Waqf properties for the ώρα development of the socio-economic
fabric of the societies.2

1
https://www.indiacode.nic.in
2
https://prsindia.org/billtrack/the-waqf-amendment-bill-2024
As debates on the Bill continue, its ability to redesign the management of Waqf in
India is subject to consideration to improve performance in charitable institutions. It is
noteworthy that the Bill bears evidence of continuation of the process of
administrative reform of the Waqf and the expansion of its positive role in society.

2. SALIENT FEATURES OF
THE WAQF AMENDMENT BILL 2024

Waqf amendment Bill 2024 is spearheading essential reforms relating to the

actuallization, governance and management of the Waqf properties in India. Here are
the key features of the Bill:

1. Streamlined Governance Structure: The Bill also seeks to introduce an enhanced

model of good governance of the boards of Waqf institutions. This involves the
qualification of individuals in the power of decision making over the assets of these
endowments specializations in finance, law and administration to manage the Waqf
properties.

2. Enhanced Transparency and Accountability: I find that the hallmarks include many
aspects including transparency. The Bill requires that all Waqf boards be subject to
periodic audits as well as the presentation of quarterly financial statements, including
written reports of income and expenditure supported by records of assets. The
following aims at reducing corruption and at the same time increasing the public
confidence in the Waqf administration.

3. Digitization of Records: To avail modern structure in management of Waqf, the

Bill provided the management of records concerning properties of Waqf by going
digital. This programme is expected to enhance record keeping with the aim of
making information easily available to the stakeholders in addition to enhancing
efficient tracking of the use of properties.
4. Community Participation: Another feature of the Bill is the focus of the rights of
local communities in the decision-making on uses of the Waqf assets. The amendment
to this article classifies consultation and management decision making as a way of
making sure that the community gains direct benefit from the assets of the Waqf.

5. Dispute Resolution Mechanism: In another dispute which involves issues to do

with the Wakfs properties, the Bill has provided a favorable mechanism in the
resolution of such disputes. This also entails the formation of special tribunals to
address issues of the waqf hence offloading the judiciary excess burden.

6. Focus on Asset Utilization: The Bill lays down conditions how boards should
enhance the use of the assets; it is stressing the active development of properties for
general utility, education, and health. This anticipatory strategy is undertaken in an
effort to enhance utilization of the Waqf resources for the most benefit of the society.

7. Regulatory Oversight: Sauberase, new checks and balances are put in place to
scrutinize the operations of Waqf boards with the intention of implementing the new
regulation and redeeming any warranted misdeem.

These features collectively serve the purpose of renewing management of Waqf

properties, so that they can serve for their intended noble causes while being
accountable to society.3

3
https://www.indiatoday.in/india/story/waqf-amendment-bill-parliament-key-features-explained-
2578991-2024-08-08
 3. KEY ISSUES AND ANALYSIS OF
THE WAQF AMENDMENT BILL 2024

The Waqf Amendment Bill 2024 has been necessitated by problems that require fixing in the
overall management of Waqf institutions in India. However, several key issues warrant careful
consideration:

1. Implementation Challenges: Despite the provisions on the management of the waqf institution
laid down in the Bill, the appropriateness of such provisions also varies with their enforcement.
The analysis also reveals that many Waqf boards face the challenges of inadequate facilities and
qualified human capital to implement the change as is being proposed. All these changes may not
get implemented as planned if the required training and funding are not provided.

2. Resistance to Change: The amendment aims to bring professionalism in the management of

these resources, an aspect, which may come with lots of resistance from traditional stakeholders.
Involvement of these benchmarking stakeholders is essential to draw their consensus and reduce
any resistance to change of governance structures.

3. Community Participation: While this is a key mantra in the Bill, achieving community
participation requires understanding of sundry population in the community. Including all the
represented communities in the decision making process and privileging the often forgotten
minorities will be a challenge and might easily turn into an overrepresentation of people who
speak louder and are in a better position.

4. Digital Divide: The fact that the authorities are now seeking to digitize the records of the
various Waqf is a good development, yet the question of how the different sections of the society
will gain access to these records will be majorly crucial. Quite a number of such communities
especially in rural areas may not even possess or have understanding of the technological and
computerized systems. Closing this digital gap must be done to ensure digitization benefits are
availed to all who stand to benefit.

5. Legal Framework: The setting up of specialized courts for dispute management is a

liberal act; however, it creates the question of the guidelines under which these
tribunals will function. Professional boundaries must be clearly defined and enforced
so that there is no hope of either side exploiting the other.
6. Financial Oversight: Although the Bill requires increased financial accountability
the efficiency of audits and statements is defined by the performers. This way,
independence of oversight mechanisms is crucial to enhance confidence in managing
Waqf properties.

To sum up, as emerging from the above discussions the proposed Waqf Amendment
Bill 2024 carries out lots of reforms but their viability powerful hinges on the
following challenges having been effectively responded to using the right
implementation strategies, adequate stakeholder participation and constant evaluation.
The approach of integrating the modern governance with the traditional practices will
prove to be a significant success in striving to ensure that Waqf management system
enhances its accountability levels.4

4
https://www.outlookindia.com/national/what-waqf-why-is-govt-amending-wakf-act-1995-what-are-
key-changes-proposed?gad_source=1&gclid=Cj0KCQjw7Py4BhCbARIsAMMx-
_Itkbq46j0Yj7SS_8iA5HYIyJUAw2vvB_6tcLsb8JFMaUaLZTmA-loaAr8gEALw_wcB
 4. Comparison of
The Wakf Act 1995 and The Waqf Amendment Bill 2024
Feature Wakf Act 1995 Waqf Amendment
Bill 2024
Objective As a mechanism for For enhancing the level of
arbitration of disputes and transparency, the
for proper management of effectiveness of
Islamic charitable trust management and the
properties and against their processing of the problems
misuse or encroachment. connected with the
ambiguity of provisions of
the original Act.
Definition of Waqf Stated as the permanent Extended to in order to
dedication by a Muslim of cover more detailed
any property for a classifications to minimize
religious, pious, or controversy over the
charitable purpose. definition of the property
for waqf.
Waqf Board Waqf Boards Constituted More authorities vested
to for the administration with the Central Waqf
and supervision of the Council in relation to the
Properties among states. State Waqf Boards; Norms
for the qualification of
Board members stiffened.
Survey of Waqf Required survey of waqf Tougher legal measures
Properties properties however there is for the least frequent
no clear information about surveys; legitimate
how frequent the surveys electronic documentation
are to be conducted and and openness of every
whether the survey is waqf property.
being complied with.
Management of Offices which gives the Stipulates increased
Properties formulation of institution standards of compliance
control, leasing and and enhanced measures for
dealing with the waqf sanctions in the incidents
properties. unauthorized lease, sale or
conveyance of the waqf.

Encroachment Redresses encroachment Redresses encroachment

matters but only matters but only
challenges exist when it challenges exist when it
comes to its comes to its
implementation. implementation.

Dispute Resolution Setting up of Waqf Adopts manned faster

Tribunals to try waqf methods of handling
cases. disputes and sets more
rigorous time frames for
the procedures of the Waqf
Tribunals.
Transparency and Relatively small leeway Centred on the adoption of
Accountability for documenting activities digital records, audits as
in records and managing frequently as business
property in an accessible needs allow, with required
manner. disclosures to strengthen
accountability.
Penalties and Offenses Redresses a clear Criminal penalties for
regulation of penalties for encroachment,
mismanagement but a unauthorized transfers,
relatively restricted etc.,have been enhanced
coverage on serious for first timers as well as
offences. the second-time offenders.

Central Waqf Council It is mainly executive and Expanded part with ability
Role recommendatory with very to get involved in
limited measurers against particular situations and
the state boards. guarantee the non-
compliance of the Act.
Digitization of Records Few paperless mining Requires that records be
records that have to be digital to enhance the
kept. transparency of the
information to the
stakeholders.
 5. SUGGESTIONS

Transparency and Accountability:

The following recommendations establish clear policies for the audit of
financial transactions to improve transparency of the Waqf boards and
properties.
Establish a public interface where the stakeholder community has an
insight on its operational financial reports and status of properties under
management by Waqf institution.

Empowerment of Waqf Boards:

Enable the Waqf boards to be more responsible for decision making and
its properties in order to maximize their returns.
To enable the Waqf boards form the contracts with the private parties to
utilize the Waqf properties for the maximum earnings.

Dispute Resolution Mechanism:

You should set up a special channel of fast-track litigation solution
mechanism so as to address any disputes that may ensue concerning the
Waqf properties.
Include the introduction of new methods of solving conflicts in a more
friendly manner and cutting on expenses such as the mediation and
arbitration.

Capacity Building:
sensitization and training in aspects of property management , legal
frameworks and basics of financial management to the Waqf board
members and staff.
Organise forums for awareness, capacity building and to create an
understanding of the significance & benefits of Waqf properties.

Inclusion of Modern Technology:

Adopt technology, for instance, electronic record in properties or online
complaints handling system.
Design a mobile application where users can make complaint on issues
affecting Waqf properties and monitor solution being implemented.

Promotion of Waqf Properties:

Design marketing techniques that may be used to market Waqf properties
for commercial activities with likely hood of boosting revenue collection.
Promote privatisation in respect of idle Waqf properties by assisting in
undertaking joint venture ventures.

Community Involvement:
Empower local communities of stakeholders to become responsible for
the administrative and monitoring of the Waqf assets for the benefits of
the targeted beneficiaries.
Set up community based advisory committees where members of the
community can give their opinion on running of the properties under the
Waqf.
 6. CONCLUSION

Waqf Amendment Bill 2024 which is under consideration is geared to

transform the fortunes, upgrade and put a heavy social, economic and
productive utility to all theetics properties in India. By doing the
suggestions made by the government it is possible to enhance the
transparency, accountability and effectiveness of the administration in
relation to Waqf assets. This will ensure protection of the interests of the
Waqf beneficiaries as well as enhance the economic impact of these
property relying communities.

In the long run, reform of management can result in efficient use of

resources, augmenting of its revenues, and social welfare of society in
accordance with social justice, economic emancipation. The adoption of
this bill will require the cooperation of stakeholders, constant supervision
and response to emergent needs of the community into the future.