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Government Introduces Waqf (Amendment) Bill, 2024 to Overhaul Waqf Property Management

Judicial Reforms in Waqf Dispute Resolution

Judicial Reforms in Waqf Dispute Resolution
Judicial Reforms in Waqf Dispute Resolution
New Delhi, September 19, 2024 – In a significant legislative move, the government has introduced the Waqf (Amendment) Bill, 2024, aiming to enhance the administration and management of Waqf properties nationwide. The Bill, presented as a tool for overcoming existing inefficiencies, proposes several reforms that promise to streamline operations and foster inclusivity.
Key Provisions of the Bill
One of the notable changes includes the renaming of the Waqf Act, 1995, to the “Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995,” signaling a shift towards a more comprehensive approach to Waqf property management.
Enhancing Administrative Efficiency
The Bill delegates the function of surveying Waqf properties from the Survey Commissioner to the Collector or another officer of equivalent or higher rank, which is expected to expedite the survey process and improve accountability.
Diverse Representation in Waqf Governance
In a bid to broaden the representation within Waqf institutions, the Bill proposes a restructured composition for the Central Waqf Council and State Waqf Boards. It mandates the inclusion of Muslim women and non-Muslims, aiming to make these bodies more representative of the community’s diversity.
Special Board for Bohra and Aga Khanis
For the first time, the legislation considers the establishment of separate Waqf Boards for the Bohra and Aga Khani communities. This provision recognizes the distinct needs of these groups within the broader Muslim community, promoting tailored governance.
Reforming Judicial Oversight
The Bill also introduces reforms in the Waqf Tribunal structure by appointing two members, enhancing the tribunal’s capacity to handle disputes. Additionally, it allows appeals against Tribunal orders to be filed in the High Court within a stringent 90-day period, aiming to reduce litigation delays.
Implications for Waqf Management
These amendments are seen as a step towards modernizing Waqf property management, potentially unlocking the economic potential of these assets. The inclusion of diverse groups in decision-making processes might lead to more equitable development and utilization of Waqf properties, benefiting a broader section of society.
Community and Political Response
The proposed Bill has sparked a mix of reactions. While some see it as a positive step towards transparency and efficiency, others are cautious, expressing concerns over the implications of such changes on traditional Waqf governance.
Looking Forward
The Waqf (Amendment) Bill, 2024, if passed, could set a new precedent for how Waqf properties are managed, utilized, and developed in India. It aims not only at enhancing efficiency but also at ensuring that these properties serve the broader community in a more inclusive manner.

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