Like earlier Waqf legislations, UMEED Act aims for social welfare: Minority Affairs Ministry

New Delhi, April 7 (IANS) The enactment of the Unified Waqf Management, Empowerment, Efficiency, and Development Act, 2025 (UMEED Act) last week marks a turning point in reforms carried out in Waqf laws between 1913 and 2025 for social benefit from Waqf properties, said an official on Monday.

“The changes in Waqf laws in India from 1913 to 2025 show a strong effort to protect and manage Waqf properties for society’s benefit while ensuring a proper administration system.

"Each law aimed to solve current problems while keeping the main purpose of #Waqf endowments,” said the Ministry of Minority Affairs in a post on social media platform X.

Continuing its efforts to dispel misinformation and educate the masses over the benefits of the UMEED Act, the Ministry joined hands with the Ministry of Information and Broadcasting and said, “The #Waqf (Amendment) Act 2025 is an important step towards making Waqf management more transparent, responsible, and inclusive.”

One of the key provisions of the UMEED Act is the restoration of properties to government agencies.

“Any government property identified as Waqf will cease to be Waqf. Ownership disputes will be resolved by the District Collector, who will submit a report to the state government,” said a provision in the Act.

On a day when the recent amendments introduced to the Waqf Act were mentioned in the Supreme Court before Chief Justice of India (CJI), Sanjiv Khanna, for urgent listing, the Ministry of Minority Affairs released a compendium on the legislative history related to the Waqf law over the past century.

Starting with the introduction of the Mussalman Wakf Validating Act, 1913 that allowed Muslims to create Waqfs for family benefits and charitable purposes, the Ministry documented features of the Mussalman Wakf Act, 1923 and the Mussalman Wakf Validating Act, 1930, to highlight the initial efforts for accountability and transparency in Waqf management.

To counter misinformation alleging government interference in personal laws related to Muslims, the Ministry mentioned how the UMEED Act is not the first time that the Waqf law has been amended.

It said State Waqf Boards were created for the first time through the Wakf Act, 1954 which was subsequently amended in 1959, 1964, 1969 and 1984.

The Waqf Act, 1995 repealed the 1954 Act and its amendments and laid down the provisions to govern administration of Waqf properties. It also provided the power and functions of the Waqf Council, State Waqf Boards and CEO and also duties of the 'mutawalli (caretaker)'. It also created Waqf Tribunals.

The UMEED Act, claims the Government, fixes issues in the management of Waqf properties, including irrevocability of Waqf properties and Legal Disputes & Poor Management.

A note issued by the Ministry clarifies that the belief "once a waqf, always a waqf" has led to disputes, such as claims over islands in Bet Dwarka, which have been deemed perplexing by courts as well.

It said that the Waqf Act, 1995, and its 2013 amendment have not been effective. Some problems include illegal occupation of Waqf land and mismanagement and ownership disputes.

The Statement of Objects and Reasons of the Waqf (Amendment) Bill says that “comprehensive amendments were made in the Act in the year 2013.”

It also said that: “Despite the amendments, it has been observed that the Act still requires further improvement to effectively address issues related to the powers of the state Waqf Boards, registration and survey of waqf properties, removal of encroachments, including the definition of the waqf itself.”

It said that the amendment to the Act in 2013 was carried out on the basis of the recommendations of the High-Level Committee under the chairmanship of Justice (Retired) Rajinder Sachar and the Report of the Joint Parliamentary Committee on Waqf and Central Waqf Council, and after having detailed consultation with other stakeholders.

--IANS

rch/rad