Waqf Act 1995 vs. UMEED Act – Overview of Key Reforms

The Waqf Act, 1995 is a Central Act enacted to regulate, manage, and protect waqf properties in India. It establishes Waqf Boards at the state and national levels and outlines the powers, duties, and functions of these Boards in overseeing waqf properties to ensure they are used for the intended religious or charitable purposes.

Table of Contents

1. Introduction
2. Why the Amendments?
3. Renaming and Short Title
4. Expanded Scope and New Definitions
5. Stricter Rules for Creating Waqf
6. Removal of Government Property from Waqf Lists
7. Digital Waqf Registry and Portal
8. Changes to Waqf Governance
9. Dispute Resolution Overhaul
10. Impact and Next Steps

Check out Taxmann's Unified Waqf Management Empowerment Efficiency and Development Act 1995 (UMEED) with Rules – Bare Act with Section Notes which offers a comprehensive framework for Waqf administration. It consolidates key enactments—including the Mussalman Wakf (Repeal) Act 2025—and the latest rules (e.g., Waqf Properties Lease Rules 2014, Central Waqf Council Rules 1998). A hallmark Comparative Study (old vs. new) and detailed Section Notes clarify amendments and procedures, simplifying day-to-day compliance. Aimed at legal professionals, Waqf managers, academics, officers, and policy analysts, it emphasises digital compliance, practical insights, and user-friendly referencing.

1. Introduction

For nearly three decades, the Waqf Act, 1995 served as India’s primary legislation for governing waqf properties and institutions. A “waqf” is typically a religious endowment in Islamic law, in which a Muslim dedicates property for religious or charitable purposes. Over the years, various issues arose regarding the identification, management, and dispute resolution pertaining to waqf properties, leading to frequent calls for legal reform.

In 2025, the central government enacted the Waqf (Amendment) Act, 2025, which substantially amended the 1995 legislation and renamed it the “Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995,” abbreviated as UMEED Act, 1995. The word “umeed” means “expectations.” This marked the most significant overhaul of waqf law in India since the original 1995 statute.

This article provides an overview of the most important reforms introduced by the UMEED Act. We will contextualize why these changes were necessary, highlight what has been altered, and set the stage for deeper discussions in subsequent posts of our blog series.

2. Why the Amendments?

2.1 Challenges Under the Waqf Act, 1995

The Waqf Act, 1995 centralized waqf governance under State Waqf Boards, a Central Waqf Council, and dedicated mechanisms for property survey and dispute resolution. However, several challenges emerged –

1. Property Disputes – Waqf Boards were often found declaring private or government-owned properties as waqf property. In multiple instances, entire villages or large swathes of land were listed as waqf, causing widespread controversies.
2. Survey Inefficiencies – The surveying of waqf properties was incomplete or delayed in many states.
3. Vague Definitions and Loopholes – The 1995 law allowed for “waqf by user” (a concept allowing property to become waqf through public usage), which occasionally led to disputes and alleged encroachments.
4. Underrepresentation and Lack of Transparency – The Waqf Boards traditionally consisted of mostly Muslim members, raising concerns about accountability, broader representation, and oversight.
5. Limited Recourse and Finality of Tribunal Decisions – The decisions of Waqf Tribunals were largely final, with restricted avenues for appeal.

2.2 Rationale for the UMEED Act

The new amendments, collectively referred to as the UMEED Act, 1995, aim to remedy these lacunae by –

• Strengthening property ownership rules to curb wrongful claims
• Digitizing registration processes
• Including representation for different communities, including non-Muslims, on Waqf Boards
• Introducing more stringent checks on waqf creation and management
• Enhancing dispute resolution by allowing appeals to the High Court

3. Renaming and Short Title

The very first amendment is the renaming of the principal law from “Waqf Act, 1995” to “Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995 (UMEED Act).” The word “UMEED” translates to “expectations,” symbolizing the hope for better governance and transparency in waqf administration. Section 1 of the Old Act (1995) has been replaced with a new short title under Section 1 of the UMEED Act.

4. Expanded Scope and New Definitions

4.1 “Aghakhani” and “Bohra” Waqfs Recognized

Previously, the law recognized only Sunni and Shia waqfs. Under the UMEED Act, new definitions of “Aghakhani waqf” and “Bohra waqf” have been introduced to accommodate waqfs dedicated by these communities. This ensures that diverse sects within the Muslim community receive appropriate legal recognition under one consolidated framework.

4.2 Government Organizations and Government Property

The definitions of “Government Organisation” and “Government property” are newly inserted to clarify that any property belonging to or controlled by the Central/State Government or its agencies shall not be deemed waqf property, even if erroneously declared by a Waqf Board. This addresses past instances of entire villages or state-owned plots being labeled as waqf without basis.

5. Stricter Rules for Creating Waqf

One of the most noteworthy reforms is that only a practicing Muslim (for at least five years) who lawfully owns the property can create a waqf. The concept of “waqf by user”—where property becomes waqf simply through public usage—has been abolished for new waqfs. Additionally, no waqf can be created without executing a waqf deed. This ensures clear legal documentation and aims to prevent fraudulent claims.

Any existing waqfs formed by user-based practice before the commencement of these amendments will continue to be recognized, except where the property is in dispute or belongs to the government.

6. Removal of Government Property from Waqf Lists

6.1 Why This Change?

Sections 3C and 3D of the UMEED Act make it explicit that any government property declared or recorded as waqf property, before or after the Act, shall not be deemed waqf. This is a direct reaction to cases where state land, educational institutions, or entire localities found themselves labeled as waqf.

6.2 Reclamation Mechanism

If the state government believes a certain property was wrongly declared as waqf, it can designate an officer to investigate. Until the officer’s report is finalized, the property is not treated as waqf. If it’s determined to be government property, the Waqf Board must remove it from its records.

7. Digital Waqf Registry and Portal

A major modernization push involves the creation of a digital portal and database where waqf details must be uploaded. Existing waqfs have six months to comply, with an optional extension of another six months upon approval from the Tribunal. This step hopes to bring transparency and accessibility, making it simpler to verify property ownership and reduce overlapping claims.

8. Changes to Waqf Governance

8.1 Board Composition

Under the Old Waqf Act, Waqf Boards were composed primarily of Muslim members, often including elected representatives from the community. The UMEED Act –

• Includes two non-Muslims among the appointed members to promote wider accountability and external perspectives.
• Mandates women’s representation, requiring at least two Muslim women members.
• Has removed the requirement for elections, opting instead for government-nominated representatives.
• No Minister can be nominated to the Board.

8.2 Central Waqf Council

Similarly, the Central Waqf Council now has seats reserved for non-Muslim members and Muslim women. The aim is to ensure inclusive decision-making and transparency in allocating waqf resources for educational, healthcare, and welfare programs.

9. Dispute Resolution Overhaul

Before the UMEED Act, Waqf Tribunals had near-final say over waqf disputes, and appeals were very restricted. The new law explicitly allows –

• Appeals to the High Court within 90 days of the Tribunal’s decision.
• The removal of the absolute finality of tribunal orders, ensuring higher judicial scrutiny.
• Stricter timelines and processes for disputes over property ownership, ensuring claimants cannot indefinitely litigate.

10. Impact and Next Steps

These reforms collectively aim to streamline waqf administration, prevent fraudulent property claims, and ensure transparency. Critics, however, express concerns over –

1. State Overreach – The expanded role for government officials in disputes could potentially ignore community autonomy.
2. Non-Muslim Representation – While hailed by some as inclusive, others view it as diluting the religious character of waqfs.
3. Burden on Smaller Waqfs – The digital registration and documentation requirements may pose challenges for less-resourced waqfs.

Yet, if implemented faithfully, the UMEED Act could facilitate a robust, clear framework where genuine religious endowments operate fairly under the rule of law, while safeguarding the interests of communities and preventing misuse of state lands or private properties.

Dive Deeper:
Definition of Waqf – How the UMEED Act Redefines Waqf Creation
Waqf Boards under UMEED Act and the Central Waqf Council
Waqf Property Ownership – New Rules on Government Land
Mutawalli Qualifications and Accountability Under the UMEED Act
Waqf Digital Portal – Surveys and Online Registry in UMEED Act