Parliament Enacts Waqf (Amendment) Act, 2025, Redefining Waqf and Strengthening Governance

The President of India gave assent to The Waqf (Amendment) Act, 2025, on April 5, 2025, marking a significant legislative overhaul of the existing Waqf Act, 1995. This new Act, designated as Act No. 14 of 2025, aims to further amend the principal Act, which will now be known as the "Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995." The Central Government will specify the date on which this Amendment Act comes into force through a notification in the Official Gazette. The legislation introduces substantial changes to the definition, management, and oversight of waqf properties (an endowment made by a Muslim for religious, pious, or charitable purposes) across the country, impacting various stakeholders from waqifs (creators of a waqf) and mutawallis (managers of a waqf) to government bodies and beneficiaries.

Among its key provisions, the Amendment Act introduces new definitions for "Aghakhani waqf" and "Bohra waqf," recognizing specific community endowments. It also defines "Government Organisation" and "Government property," clarifying that movable or immovable property belonging to the Central Government, State Governments, Municipalities, Panchayats, or their controlled entities falls under this category. A pivotal change is the explicit exclusion of government property from being deemed waqf property. The legislation provided: “Any Government property identified or declared as waqf property, before or after the commencement of this Act, shall not be deemed to be a waqf property.” Furthermore, the Act stipulates that any declaration or notification identifying a protected monument or protected area under the Ancient Monuments Preservation Act, 1904, or the Ancient Monuments and Archaeological Sites and Remains Act, 1958, as waqf property shall be void. It also bars the declaration of any land belonging to members of Scheduled Tribes under the Fifth or Sixth Schedule of the Constitution as waqf property. The definition of "waqif" has been refined to require proof of practicing Islam for at least five years, ownership of the property, and assurance that no contrivance is involved in the dedication. The Act also omits the provision for verbal creation of a waqf, implying a requirement for a written deed, and allows for the welfare of widows, divorced women, and orphans as a specific purpose of a waqf. Existing "waqf by user" properties (properties considered waqf due to long-standing public use) registered before the commencement of this Act will retain their status unless they are disputed or government property.

The Act mandates the creation of a waqf only by a lawful owner competent to transfer or dedicate such property, explicitly stating that the creation of a waqf-alal-aulad (a waqf for the benefit of the waqif's family and descendants) shall not deny inheritance rights of heirs, including women. A significant administrative change is the requirement for every waqf registered under the principal Act to file its details and property information on a new "portal and database" within six months of the Amendment Act's commencement, with a possible extension by the Tribunal (a quasi-judicial body). This digital platform is intended for registration, accounts, audit, and other details of waqfs and the Board. The Act also stipulates that no suit, appeal, or other legal proceeding for the enforcement of any right on behalf of an unregistered waqf can be instituted or heard after six months from the commencement of this Act. The survey of auqaf (plural of waqf) will now be transferred to the Collector (the chief revenue officer of a district), who will conduct surveys according to state revenue laws. State Governments are required to upload notified lists of auqaf on the portal and database within ninety days of publication, and revenue authorities must provide a ninety-day public notice and hearing opportunity before deciding on mutations in land records.

The composition of the Central Waqf Council and State Waqf Boards has been revised to ensure broader representation, including women and non-Muslim members, and specific representation for Shia, Sunni, Bohra, Aghakhani, and other backward classes among Muslim communities. Ministers of the Central or State Government are now barred from being nominated as Board members. The Act introduces new disqualifications for mutawallis, such as being under twenty-one years of age, of unsound mind, an undischarged insolvent, convicted of an offence with a sentence of two years or more, or found guilty of encroachment on waqf property. Penalties for mutawallis failing to comply with orders, deliver possession, or upload details have been significantly increased, including imprisonment for up to six months and fines up to one lakh rupees. The limitation period for challenging the validity of a waqf or its classification has been extended from one year to two years. Furthermore, the Act removes clauses stating that the Tribunal's decision shall be final, allowing for appeals to the High Court from Tribunal orders. It also permits direct appeals to the High Court if a Tribunal is not functioning. The audit process for waqfs has been strengthened, with the Central Government empowered to direct audits by the Comptroller and Auditor-General of India. The Central Government has also been granted extensive powers to make rules for carrying out the provisions of this Act, particularly concerning the digital portal, details of waqfs, audit reports, and other administrative matters.

Keywords: Waqf Amendment Act, 2025, Waqf Management, Government Property, Digital Waqf Portal, Mutawalli Disqualification, Waqf Tribunal, Inheritance Rights, Scheduled Tribes Land, India Geo Tags: India, Not Applicable District: Not Applicable