Introduction to the Unified Waqf Management Act
On April 5, 2025, the Indian President gave official approval to the Waqf (Amendment) Bill, 2025, marking a pivotal shift in the administration and management of waqf properties. This amendment transforms the Waqf Act of 1995 into the Unified Waqf Management, Empowerment, Efficiency and Development Act (UMEED, 1995). The legislation aims to enhance transparency, inclusivity, and efficiency in waqf asset management nationwide.
Key Legislative Changes and Exclusions
A notable change in the Act is the explicit exclusion of trusts that are governed by other statutory laws concerning public charities established by Muslims. This exclusion prevents jurisdictional overlaps and creates a clear regulatory boundary. Furthermore, the outdated Mussalman Wakf Act of 1923 has been repealed through the Mussalman Wakf (Repeal) Bill, 2024, thereby eliminating legal redundancies.
The Concept and Historical Context of Waqf
The term ‘waqf’ originates from Islamic jurisprudence, referring to the irrevocable dedication of property by a Muslim for religious or charitable purposes. Historically, waqf in India dates back to the Delhi Sultanate, with its legal framework evolving through colonial-era laws. Today, waqf governance is a concurrent subject under the Indian Constitution, allowing both central and state governments to legislate on it.
New Definitions and Provisions in the Act
The amended Act introduces new definitions such as “Aghakhani waqf” and “Bohra waqf,” recognizing diverse Muslim traditions. Section 3-A, a new addition, outlines the “conditions of waqf,” ensuring that only lawful property owners can create waqf, thus safeguarding the inheritance rights of legal heirs, including women.
Mandatory Centralized Database for Waqf Details
Section 3-B mandates the submission of waqf details to a centralized portal within six months of the Act’s commencement, extendable by an additional six months. This digital initiative aims to improve transparency and efficiency in waqf administration.
Dispute Resolution and Property Status
Section 3-C addresses property disputes, stipulating that a property cannot be deemed waqf based solely on previous declarations. Disputes will be resolved by a senior state officer, and properties found to be government-owned will see corrections in revenue records.
Protection of National Heritage and Tribal Lands
Section 3-D ensures that waqf declarations do not interfere with properties protected under national heritage laws. Section 3-E safeguards tribal land rights, forbidding such lands from being declared as waqf, thereby upholding constitutional protections for indigenous communities.
Revised Waqf Survey Mechanism
Amendments to Section 4 have updated the waqf survey process, renaming it the “Survey of Auqaf,” and transferring pending surveys to the jurisdictional Collector. The results will be published online within 90 days of gazette notification.
Enhanced Composition of the Central Waqf Council
The Central Waqf Council now includes a diverse group of experts and representatives, chaired by the Union Minister in charge of waqf. State governments can establish separate Boards for Bohras and Aghakhanis, with up to 11 nominated members per board.
Leadership and Procedural Enhancements
The Act eliminates the provision for the removal of a Board Chairperson via a no-confidence vote. Furthermore, no waqf can be created without a formal deed, and registered waqfs will receive a certificate of registration to affirm procedural legitimacy.
Disqualification Criteria for Waqf Managers
Section 50-A outlines disqualification criteria for mutawallis, including age, mental soundness, insolvency, criminal convictions, and property encroachment.
Waqf Tribunal Composition and Legal Clarity
Each Waqf Tribunal will consist of a District Judge, a senior government officer, and a Muslim law scholar. The Limitation Act, 1963, now applies to all waqf property claims, ensuring legal uniformity.
Conclusion
The Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995, is a forward-thinking reform, promoting transparency, inclusivity, gender justice, and technological integration, while respecting India’s diverse Muslim community.
About the Authors: Ankit Konwar is a Principal Associate at Hammurabi and Solomon Partners. Sumit Kumar Singh is a student at the National University of Study and Research in Law, Ranchi.
Disclaimer: The views in this article belong to the author(s) and do not necessarily reflect those of Bar & Bench.
