The UMEED Act represents a structured approach to waqf governance, ensuring transparency, inclusivity, gender justice, and technological integration while respecting the pluralistic ethos of the Indian Muslim community.
On April 5, 2025, the President of India accorded assent to the Waqf (Amendment) Bill, 2025, ushering in a significant reform in the governance and administration of waqf properties. With this development, the Waqf Act, 1995 has been rechristened as the Unified Waqf Management, Empowerment, Efficiency and Development Act (UMEED,1995), a comprehensive legislation aimed at ensuring transparency, inclusivity, and efficient management of waqf assets across the country.
A key feature of the new Act is the explicit exclusion of trusts, irrespective of their nomenclature or date of establishment, that are governed by other statutory provisions related to public charities established by Muslims for purposes similar to waqf. This change ensures a clear demarcation of jurisdiction and prevents overlaps in the regulatory framework.
Alongside this, the Mussalman Wakf (Repeal) Bill, 2024 has also been approved, repealing the outdated Mussalman Wakf Act, 1923, thus eliminating legal redundancies and aligning waqf law under a single, unified framework.
The concept of waqf, rooted in Islamic jurisprudence, refers to the permanent dedication of property by a Muslim for religious or charitable purposes. Once created, a waqf becomes irrevocable, and the property vests in the divine, with its management entrusted to a mutawalli. Historically, the idea of waqf in India can be traced back to the Delhi Sultanate, with formal legal recognition evolving through colonial-era legislation, such as the Waqf Validating Act of 1913 and the Mussalman Wakf Act of 1923. The governance of waqf now falls under the Concurrent List of the Constitution, enabling both the Centre and States to legislate on the subject. States like Uttar Pradesh, West Bengal, and Punjab hold the largest share of waqf properties. [Report of the Joint Committee on the Waqf (Amendment) Bill, 2024]
The amended Act introduces new definitions, notably “Aghakhani waqf” [§ 3, cl. (i),(aa)] and “Bohra waqf” [§ 3, cl. (ca)], recognising the distinct traditions and practices within the Muslim community. In line with the spirit of equity and legal clarity, Section 3-A has been inserted to define the “conditions of waqf.” It stipulates that only a lawful owner, competent to transfer or dedicate property, may create a waqf. Importantly, the creation of waqf-alal-aulad (waqf for descendants) shall not impinge upon the inheritance or other rights of legal heirs, particularly women heirs, thus safeguarding gender justice within the waqf framework.
Section 3-B, a novel addition, mandates the filing of waqf details on a centralised portal and database. All waqfs registered prior to the commencement of the Act must submit comprehensive information ranging from property identification, creator details, income, taxation, and management structures to pending litigation within six months. This period is extendable by another six months upon application to the Tribunal. This digital shift is poised to enhance transparency and administrative efficiency.
In a move to curb historical irregularities, Section 3-C provides that a property shall not be deemed waqf merely by previous declaration or identification. If any dispute arises over whether a property is waqf, the State Government will designate a senior officer (above the rank of Collector) to inquire and determine its status. Until the inquiry concludes, such property shall not be treated as waqf. If determined to be government property, the officer shall initiate corrections in the revenue records accordingly.
Further, Section 3-D[1] voids any declaration of protected monuments or areas as waqf if such properties are covered under the Ancient Monuments Preservation Act, 1904, or the Ancient Monuments and Archaeological Sites and Remains Act, 1958, thereby ensuring preservation of national heritage.
Another significant safeguard introduced through Section 3-E ensures the protection of tribal land rights. It unequivocally states that, notwithstanding anything contained in this Act or any other prevailing law, no land belonging to members of the Scheduled Tribes governed under the Fifth or Sixth Schedule of the Constitution shall be declared as, or deemed to be, waqf property. This provision reinforces constitutional protections afforded to indigenous communities, preventing any overlap or conflict between waqf declarations and tribal land rights.
Amendments to Section 4 have revamped the waqf survey mechanism. The erstwhile “preliminary survey” is now termed as the “Survey of Auqaf”, and all pending surveys will be transferred to the jurisdictional Collector for timely resolution. The list of notified auqaf will be uploaded to the official portal within 90 days of its gazette notification. Additionally, before any mutation of land records, revenue authorities must issue a public notice of 90 days in two local newspapers, one of which must be in the regional language, ensuring greater public participation and transparency.
The composition of the Central Waqf Council has been significantly expanded to include diverse expertise and representation. It will now be chaired ex officio by the Union Minister in charge of waqf, with three Members of Parliament (two from the Lok Sabha and one from the Rajya Sabha), and various other members including two women, two non-Muslims, eminent scholars of Muslim law, former judges, an advocate of national eminence, and experts from fields such as administration, finance, engineering, and medicine. Importantly, State governments are empowered to establish separate Boards for Bohras and Aghakhanis, if necessary. Each State Board (including that for Delhi) will have up to 11 nominated members.
Significantly, the provision for removal of a Board Chairperson through a vote of no-confidence has been omitted, indicating a shift toward stability in leadership.
From the date of commencement of this Act, no waqf can be created without a formal waqf deed, and every registered waqf will be issued a certificate of registration through the official portal, enhancing procedural legitimacy [Amendment of Section 36].
To ensure responsible leadership, Section 50-A lays down the criteria for disqualification of a mutawalli (waqf manager). A person will be disqualified if they are under 21 years of age, of unsound mind, an undischarged insolvent, convicted of a serious offence, or found guilty of encroachment on waqf property.
Further, each Waqf Tribunal will now comprise three members: a current or former District Judge (Chairman), a senior government officer (equivalent to Joint Secretary), and a scholar knowledgeable in Muslim law and jurisprudence [Amendment of Section 83]. Importantly, the Limitation Act, 1963 will henceforth apply to all claims or interests concerning immovable waqf property, bringing uniformity and legal clarity to proceedings [Substitution of new section for Section 107].
Overall, the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995 represents a forward-looking and structured approach to waqf governance, ensuring transparency, inclusivity, gender justice, and technological integration, while respecting the pluralistic ethos of the Muslim community in India.
The article was authored by Mr. Ankit Konwar, Principal Associate at Hammurabi and Solomon Partners and Mr. Sumit Kumar Singh, student at National University of Study and Research in Law, Ranchi.