Waqf Boards under UMEED Act and the Central Waqf Council

Waqf Boards under the UMEED Act (Uniformity in Management, Empowerment, and Effective Development of Waqf Properties Act) are statutory bodies established for the efficient administration, protection, and development of Waqf properties across India. These Boards are entrusted with the responsibility to safeguard the interests of Waqf institutions, ensure their transparent governance, and utilize their assets for the socio-economic upliftment of the Muslim community.

Table of Contents

1. Introduction
2. State Waqf Boards – Then and Now
3. Powers and Functions of the Boards
4. Central Waqf Council (CWC)
5. Pros and Cons of Governance Reforms
6. Impact on Day-to-Day Waqf Management
7. Future Outlook
8. Conclusion

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

At the heart of India’s waqf administration lie the State Waqf Boards and the Central Waqf Council (CWC). Their roles include safeguarding waqf assets, ensuring compliance with legal norms, and promoting welfare schemes funded by waqf revenues. However, critics of the old Waqf Act, 1995 often pointed to insufficient accountability and lack of diverse representation in these bodies. The UMEED Act addresses these concerns through a significant shake-up in governance structures.

This article explores how the composition, powers, and responsibilities of the Waqf Boards and Central Waqf Council have been recalibrated to foster transparency and broader community participation.

2. State Waqf Boards – Then and Now

2.1 Composition Under the Old Act

Prior to amendment, Waqf Boards typically comprised –

• A Chairperson, usually a Muslim scholar or community leader
• Muslim members, often including elected representatives (e.g., Muslim MLAs/MPs)
• At least one person having knowledge of Islamic theology

Ministers were also allowed as ex officio or nominated members, raising potential conflicts of interest.

2.2 The UMEED Act Changes

1. Inclusion of Non-Muslims – There must be at least two non-Muslim members on every State Waqf Board. This aims to encourage cross-community dialogue and external checks.
2. Women’s Representation – Out of the Muslim members, two must be women. This ensures women in the community have a direct say in decisions, addressing past gender imbalances.
3. No Ministers – The new law explicitly bars Ministers from being nominated to the Board, reducing political influence in Waqf affairs.
4. Nominated Members, Not Elected – Instead of elections, the government nominates members. Proponents argue it reduces local politics; critics say it curtails community autonomy.
5. Representation of Multiple Sects – If a Bohra or Aghakhani community is present in a state, the law allows for a separate Waqf Board for them or mandates their representation on the main Board.

3. Powers and Functions of the Boards

While the Boards continue to administer waqf properties, sanction leases, and address management disputes, the UMEED Act introduces a few modifications –

• Time-Bound Implementation – District Magistrates or their subordinates must execute the Board’s lawful directions within 45 days, facilitating quicker enforcement.
• Digitized Registration Oversight – The Board is responsible for ensuring all waqfs within its jurisdiction comply with digital registration.
• Appointments and Removal of Mutawallis – The Board has more explicit powers to remove mutawallis who fail the new eligibility criteria (discussed in Blog Post 5).

By reinforcing the Board’s authority, the Act aims for more professional and transparent administration of waqf assets.

4. Central Waqf Council (CWC)

4.1 Evolution of the CWC

Established to advise the central government on waqf-related policies, the CWC under the old law had representatives from various states, but it remained Muslim-centric with minimal input from other communities.

4.2 CWC Under the UMEED Act

1. Inclusion of Women and Non-Muslims – At least two Muslim women and two non-Muslims are part of the Council.
2. Empowered Advisory Role – The Council is expected to guide states on digitalization, legal reforms, and the overall modernization of waqf institutions.
3. Focus on Welfare – Specific emphasis is placed on using waqf revenues for women empowerment—scholarships, skill development, and health services.

5. Pros and Cons of the Governance Reforms

5.1 Pros

• Broader Accountability – Non-Muslim involvement can add an external perspective to Board decisions.
• Women’s Voices – Greater representation of women may shift focus to social welfare initiatives, aiding marginalized groups.
• Reduced Politicization – Prohibiting Ministers and direct elections could theoretically lower partisan interference.

5.2 Cons

• Erosion of Community Autonomy – Critics feel removing elected Muslim representatives ignores Article 26 of the Constitution, guaranteeing religious denominations the right to manage their affairs.
• Nomination Process Ambiguities – The Act lacks clear guidelines on the basis for nominating members, risking nepotism.
• Implementation Gaps – States vary widely in their waqf administration capacities; some might struggle to meet the new mandates or to find suitable nominees.

6. Impact on Day-to-Day Waqf Management

Boards must now meet at least once a month, ensuring prompt decisions on property disputes, leases, and community welfare projects. The Chief Executive Officer (CEO) of a Board—who previously had to be a Muslim—can be any senior bureaucrat (Joint Secretary rank), opening the post to qualified non-Muslims. While this can improve administrative efficiency, it also raises questions on the religious dimension of waqf decisions.

7. Future Outlook

Observers expect these governance reforms to streamline how Waqf Boards utilize funds for education, healthcare, and charitable ventures. With tighter oversight, fewer cases of mismanagement and corruption are anticipated. On the other hand, challenges remain in ensuring that the Boards function without undue state control or bureaucratic roadblocks.

8. Conclusion

The UMEED Act’s restructuring of Waqf Boards and the Central Waqf Council signals a new era in waqf governance—one that strives for inclusivity, efficiency, and accountability. While not without controversy, these provisions could greatly benefit local communities if executed with integrity and transparency.

Dive Deeper:
Definition of Waqf – How the UMEED Act Redefines Waqf Creation
Waqf Act 1995 vs. UMEED Act – Overview of Key Reforms
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