Waqf (Amendment) Bill receives President’s assent; Waqf Act, 1995 will now be known as UMEED Act, 1995

On 5-4-2025, President gives assent to Waqf (Amendment) Bill, 2025. to amend the Waqf Act, 1995. This Act will now be known as Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995.

Key Points:

1. This Act will now not apply to any trust:

   • called by whatever name;

   • established before or after commencement of this Act;

   • is statutorily governed by any statutory provision pertaining to public charities, by a Muslim for purpose similar to a waqf.

2. The definitions of “Aghakhani waqf” and “Bohra waqf” have been introduced.

3. Section 3-A relating to “conditions of waqf” has been introduced which lays down the following provisions:

   • A waqf can only be created by a person if the person is a lawful owner of the property and is also competent to transfer or dedicate the property;

   • Creation of waqf-alal-aulad will not result in denial of inheritance or other rights of heirs, including women heirs.

4. Section 3-B relates to the “Filing of details of waqf on portal and database” and lays down the procedure and conditions:

   • Every waqf registered before commencement of this Act will have to file the details of the waqf/ property dedicated to the waqf on the portal and database within 6 months from the date of commencement.

   • This period can further be extended by 6 months by Tribunal on receiving an application from Mutawalli, if the Tribunal thinks that the cause is sufficient for not filing the details of waqf on portal within 6 months.

   • The following details of waqf needs to be filed on the portal and database:

     • Identification and boundaries of waqf properties, their use and occupier;

     • name and address of the creator of the waqf, mode and date of such creation;

     • deed of waqf, if available;

     • present mutawalli and its management;

     • gross annual income from such waqf properties;

     • amount of land-revenue, cesses, rates and taxes annually payable in respect of the waqf properties;

     • estimate of the expenses annually incurred in the realization of the income of the waqf properties;

     • amount set apart under the waqf for salary of the mutawalli and allowances to the individuals, for religious purposes, charitable purposes;

     • details of court cases.

5. A new Section 3-C has been introduced which talks about “Wrongful declaration of waqf”:

   • Not every property which was identified or declared as waqf property will be deemed to be a waqf property;

   • In case question arises if a property is a waqf property or not, the State government will designate an officer above the rank of Collector who will conduct an inquiry to determine the same;

   • During this inquiry, the property will not be treated as a waqf property;

   • In case, the property is determined as Government property, the Officer will make necessary corrections in revenue records and submit the report to the State Government and then the State Govenrment will make necessary corrections in the records.

6. Section 3-D relating to “Declaration of protected monument or protected area as waqf to be void” has been inserted which says that any declaration/ notification will be void if the property is a protected monument/ protected area under:

   • Ancient Monuments Preservation Act, 1904

   • Ancient Monuments and Archaeological Sites and Remains Act, 1958.

7. Section 4 relating to “Survey” has been revised:

   • Preliminary survey has been renamed as “Survey of auqaf”;

   • Any survey pending before the Survey Commissioner before the Survey Commissioner will be transferred to Collector having jurisdiction and submit its report to the State Government.

8. The State Government will upload the notified list of auquaf on the portal and database within 90 days from the date it has been published in the Official gazette.

9. Before deciding mutation, the revenue authorities will give a public notice of 90 days in 2 daily newspapers circulating in that locality, out of which 1 newspaper will be in the regional language.

10. The composition of Central Waqf Council has been revised:

    • Union Minister in charge of waqf—Chairperson, Ex officio;

    • 3 Members of Parliament of whom 2 will be from the House of the People and 1 from the Council of States;

    • the following members to be appointed by the Central Government from amongst Muslims, out of which 2 members will be women and 2 members will be non-Muslim, namely:

      • three persons to represent Muslim organisations having all India character and national importance;

      • Chairpersons of 3 Boards by rotation;

      • 1 person to represent the mutawallis of the waqf having a gross annual income of Rs. 5 lakh and above;

      • 3 persons who are eminent scholars in Muslim law.

    • 2 persons who have been Judges of the Supreme Court or a High Court;

    • 1 Advocate of national eminence;

    • 4 persons of national eminence, one each from the fields of administration or management, financial management, engineering or architecture and medicine;

    • Additional Secretary or Joint Secretary to the Government of India dealing with waqf matters in the Union Ministry or department—member, ex officio:

11. The State Government, if it thinks that it is necessary, can establish a separate Board of Auqaf for Bohras and Aghakhanis.

12. Board for a State and National Capital Territory of Delhi will consist of not more than 11 members which will be nominated by the State.

13. The provision relating to Removal of Chairperson by vote of no confidnce has been omitted.

14. Once this Act is commenced, no waqf can be created without execution of a waqf deed.

15. On registering a waqf, the Board will issue the certificate of registration to the waqf through portal and database.

16. Section 50-A relating to “Disqualification of mutawalli” has been introduced laying down the following provisions:

    • Person will not be qualified for being appointed or continue as a mutawalli, if:

      • Is less than 21 years of age;

      • Found to be a person of unsound mind;

      • Is an undischarged insolvent;

      • Has been convicted of any offence and sentenced to imprisonment for not less than 2 years;

      • has been held guilty of encroachment on any waqf property.

17. Every Tribunal constituted will consist of 3 members:

    • 1 person, who is or has been a District Judge, who shall be the Chairman;

    • 1 person, who is or has been an officer equivalent in the rank of Joint Secretary to the State Government—member;

    • 1 person- having knowledge of Muslim law and jurisprudence—member.

18. On the commencement of this Act, the Limitation Act, 1963 will apply to all proceedings in relation to any claim or interest pertaining to immovable property comprised in a waqf.