WAQF 2025 UMEED ACT

1. Religious and charitable institutions are organizations created to promote religion, philanthropy, or public welfare.
2. These institutions may include temples, mosques, churches, gurudwaras, mutts, waqfs, charitable trusts, and societies.
3. Such institutions may run hospitals, schools, hostels, dharamshalas, orphanages, or community kitchens.
4. These institutions are protected under the Constitution of India and other specific laws.

Constitutional Provisions

1. Article 25 of the Constitution guarantees the right to freely profess, practice, and propagate religion.
2. Article 26 gives every religious denomination the right to manage its own religious affairs.
3. These rights include establishing and maintaining institutions for religious and charitable purposes.
4. However, these rights are subject to public order, morality, and health.

Legal Status and Formation

1. Religious and charitable institutions can be set up as public trusts, societies, or companies.
2. Public religious trusts are governed by state-specific Hindu Religious and Charitable Endowments (HRCE) Acts.
3. Tamil Nadu, Andhra Pradesh, Karnataka, Odisha, and other states have their own HRCE Acts.
4. These state laws regulate the functioning, finances, and administration of Hindu temples and related endowments.

 Community-Specific Laws

1. Muslim religious endowments are governed by the Waqf Act, 1995, amended by the Waqf (Amendment) Act, 2025.
2. The Waqf Act provides for creation, registration, and regulation of waqf properties.
3. Christian religious institutions are generally managed under the Indian Trusts Act, 1882, or the Societies Registration Act, 1860.
4. Sikh gurudwaras in some states like Punjab and Delhi are governed under separate laws like the Sikh Gurdwaras Act, 1925, and the Delhi Sikh Gurdwaras Act, 1971.

 Trusts, Societies, and Legal Registration

1. The Indian Trusts Act, 1882 governs private charitable trusts across India.
2. The Charitable and Religious Trusts Act, 1920 enables the government and public to obtain information about public trusts.
3. The Societies Registration Act, 1860 allows religious and charitable societies to register and function legally.

Tax and Financial Regulations

1. Section 12A and 80G of the Income Tax Act, 1961 provide tax exemptions to registered religious and charitable institutions.
2. The Foreign Contribution Regulation Act (FCRA), 2010 regulates receipt of foreign funds by these institutions.
3. Institutions receiving foreign donations must register under FCRA and comply with reporting norms.

Use of Funds and Government Oversight

1. Religious institutions must ensure their income is used only for the intended religious or charitable purposes.
2. Misuse of funds or mismanagement can lead to state intervention or legal action.
3. The government may temporarily take over management of religious institutions if there is mismanagement or threat to public interest.
4. However, the government cannot interfere with the essential religious practices protected under Article 26(b).
5. The Supreme Court has ruled that secular aspects like finances and property management can be regulated.

Restrictions and Other Laws

1. Religious conversion laws in some states restrict the use of charitable institutions for forced or fraudulent conversions.
2. Religious and charitable institutions also have to comply with general laws like labour law, building rules, and health regulations.

Social Importance

• These institutions play a crucial role in India’s social fabric by offering services and preserving cultural and religious heritage.

WAQF

1. Meaning and Concept

• Waqf is a permanent dedication of property by a Muslim for religious, charitable, or public purposes.
• The word "waqf" comes from Arabic, meaning to stop, hold, or preserve.
• Once a property is made waqf, it cannot be sold, gifted, or inherited.
• The ownership of the waqf property is considered to belong to God.
• Waqf property is inalienable, meaning it must always remain dedicated to the intended cause.

2. Key People Involved

• The person who creates the waqf is called the waqif.
• The person who manages the waqf is called the mutawalli.
• The mutawalli does not own the property but only manages it for the purpose it was donated for.

3. Purpose and Usage

• The purpose of the waqf must be religious, charitable, or for public benefit.
• Common waqf uses include mosques, schools, hospitals, orphanages, and graveyards.
• A religious waqf is used for purposes like mosques or religious education.
• A charitable waqf is used for general welfare like helping the poor or funding hospitals.
• Waqf helps promote social welfare, education, and healthcare in Muslim communities.

4. Legal Status and Governance

• Waqf is governed by Islamic law and also regulated by secular laws in countries like India.
• In India, the Waqf Act governs the creation, registration, and management of waqf properties.
• Waqf can be created through a written deed or declaration by the waqif.
• Once declared, a waqf cannot be taken back or altered for personal use.
• Waqf properties must be registered with the State Waqf Board in India.
• The Waqf Board oversees the proper use, protection, and auditing of waqf assets.

why the Waqf (Amendment) Act, 2025 was needed:

1. To prevent misuse of waqf land through fake claims
   Earlier, people could claim land was waqf based on long-time usage or verbal declarations. This allowed land grabbing and false encroachments in the name of religion.
2. To remove ambiguity and bring legal clarity
   The original Act had vague terms like "misconduct" for removing mutawallis and allowed verbal waqfs. This led to inconsistent interpretation and misuse.
3. To ensure only genuine Muslims can create waqf
   There was no requirement of being a practicing Muslim. Now, the amendment ensures only those who have followed Islam for at least 5 years and own the land can create waqf.
4. To digitize and modernize waqf administration
   The earlier system lacked digital records, transparency, and public access. Now, all waqf records, surveys, and audits are required to be uploaded on a central portal.
5. To include all Muslim sects equally
   Only Sunni and Shia waqfs were officially recognized. The amendment now includes Bohra and Aghakhani sects to ensure fairness and equal representation.
6. To improve accountability in waqf management
   There were no clear penalties for not submitting audit reports or misusing property. The amendment introduces stricter penalties, jail terms, and personal accountability of officials.
7. To link waqf registration with land revenue records
   Earlier, there was no cross-verification with government land records. Now, the Collector must verify ownership before registration, preventing illegal waqf of public land.
8. To professionalize Waqf Boards and make them inclusive
   Previous Waqf Boards had no clear criteria for members. The new law requires qualified professionals, women, non-Muslims, and scholars from all sects to be included.
9. To prevent political interference in religious matters
   The deletion of Section 20A removes the state government's power to control Waqf Boards through arbitrary directions, ensuring institutional autonomy.
10. To bring uniformity across India
    Earlier, each state had slightly different rules or implementation practices. With all rulemaking now centralized, waqf governance will be consistent across the country.
11. To align land acquisition with modern laws
    The old law still referred to the outdated 1894 Act. The amendment now mandates the use of the 2013 LARR Act, ensuring fair compensation and transparency in acquisition.

WHAT IS AMENDED IN WAQF ACT

1. Mutawalli – Appointment, Qualification, Disqualification

1. A mutawalli could earlier be appointed even by a verbal statement.
2. After the amendment, mutawalli appointment must be written or officially recorded.
3. No one can now claim mutawalli status without proper documentation.
4. Only mutawallis of waqfs earning over ₹1 lakh annually are eligible for State Waqf Boards.
5. One mutawalli of a waqf earning over ₹5 lakh annually is eligible for the Central Waqf Council.
6. A mutawalli is disqualified if under 21 years of age.
7. A mutawalli is disqualified if convicted for a crime involving moral wrong and sentenced for two years or more.
8. A mutawalli is disqualified if they have encroached on waqf property.
9. A mutawalli is disqualified if they have misused waqf property or funds.
10. A mutawalli is disqualified if inactive or not performing their duties.
11. A mutawalli is disqualified if they have disrespected the Waqf Tribunal’s orders.
12. A mutawalli is disqualified if declared unfit by the Waqf Board.

Who Makes the Rules (Prescribed Authority)

1. Earlier, most rules under the Waqf Act were made by state governments.
2. Now, all rules will be made only by the Central Government.
3. This makes waqf rules uniform for all states in India.

Creation of Waqf

1. Earlier, anyone could claim to create a waqf.
2. Now, only a Muslim who has practiced Islam for five years and owns the land can create a waqf.
3. This change prevents fake waqf creation and land grabbing.

 Waqf-by-User and Its Protection

1. Earlier, long-time use of land for religious purposes could convert it into waqf without documentation.
2. This provision has now been removed.
3. Usage alone cannot now be the basis to declare land as waqf.
4. Old waqf-by-user cases will be protected only if they were registered before 2025.
5. Old waqf-by-user cases are valid only if not involved in court disputes.
6. Old waqf-by-user cases are valid only if not on government land.

 Purpose of Waqf – Widows and Orphans

1. Supporting widows and orphans will now count as waqf purpose only if the donor explicitly mentions it.
2. The earlier assumption that such support was automatically a waqf purpose is removed.

Waqf Property Survey – Section 4

1. The survey process under the 1995 Act involved appointing a Survey Commissioner.
2. The Survey Commissioner was to include details like ownership, use, income, and beneficiaries.
3. The Survey Commissioner could take help from assistants.
4. A report was prepared with a list of Sunni and Shia waqfs and already registered properties.
5. Sect-related disputes were to be referred to the Tribunal.
6. The state had to publish the waqf list in the official Gazette.
7. All survey costs were to be paid by the state.
8. Now, in 2025  amendment all pending surveys will be handled by the District Collector using revenue laws.
9. The Collector will submit the final report to the State Government.
10. The role of Survey Commissioner and assistant officers has been removed.
11. Sect-related details will now be handled through the digital waqf system.
12. The word “Survey Commissioner” is replaced with “Collector” in legal text.
13. Two more sects – Aghakhani and Bohra – are now formally included in waqf survey.
14. All waqf institutions are no longer required to assist the survey manually.
15. That duty is now part of digital compliance under Section 3B.

 Publication of Waqf List and Land Mutation

1. After the survey, the waqf list must be uploaded on the digital portal within 90 days of Gazette publication.
2. The list must include details like land boundaries, use, donor info, and mutawalli details.
3. The government must issue a 90-day notice in two newspapers before waqf entry in land records.
4. During this time, objections can be filed by anyone.
5. Only after no objection is raised, the waqf can be added to official land records.
6. All changes to waqf records must be uploaded on the digital portal.

Waqf Tribunal – Disputes and Appeals

1. Earlier, disputes could only involve Sunni or Shia sects.
2. Now, Bohra and Aghakhani sects are also covered for disputes.
3. Earlier, Tribunal decisions were final and could not be appealed.
4. Now, Tribunal decisions can be challenged in higher courts.
5. The time to file disputes is extended from one year to two years.
6. Tribunal can allow delayed filing for valid reasons like illness or lack of information.
7. Technical references in the law were updated for accuracy.

 Central Waqf Council – Section 9

1. Central Waqf Council earlier had a vague structure without defined membership rules.
2. Now, the Council includes the Union Minister as Chairperson.
3. There will be 3 Members of Parliament – 2 from Lok Sabha and 1 from Rajya Sabha.
4. Three members will be from all-India Muslim organizations.
5. Three members will be State Waqf Board chairpersons on a rotation basis.
6. One mutawalli of a waqf earning ₹5 lakh or more will be included.
7. Three Islamic scholars with expertise in waqf law will be included.
8. Two retired judges of High Court or Supreme Court will be included.
9. One senior advocate of national reputation will be part of the Council.
10. Four eminent professionals – from medicine, engineering, management, and finance – will be included.
11. One Joint Secretary-level government officer will be an ex-officio member.
12. The Council must include at least two women members.
13. The Council must include at least two non-Muslims.
14. Representation from all four sects – Sunni, Shia, Bohra, and Aghakhani – is mandatory.

 State Waqf Boards – Section 14

1. States can now create separate Waqf Boards for Bohras or Aghakhanis if needed.
2. Earlier, there was only one board for all sects in a state.
3. The new limit for board members is 11 instead of 15.
4. One MP and one MLA will be included as fixed members.
5. Mutawalli member must manage a waqf earning ₹1 lakh or more annually.
6. At least one Islamic scholar must be included.
7. Two representatives from local bodies like municipalities or panchayats must be included.
8. Two Muslim professionals from social work, revenue, or management must be included.
9. One advocate from the State Bar Council must be included.
10. One Joint Secretary-level officer must be included.
11. At least two women must be on the board.
12. At least two non-Muslims must be on the board.
13. All sects must be proportionally represented based on population or waqf holdings.
14. Existing board members will continue until their term ends.
15. Ministers are now prohibited from becoming board members.
16. In Union Territories, waqf boards will have 5 to 7 members.
17. UT board members will be appointed by the Central Government.

 Board Meetings – Section 17

1. Section 17 now mandates that the Waqf Board must meet at least once a month.
2. This ensures regular meetings and decision-making on waqf matters.

 Removal of Political Interference – Deletion of Section 20A

1. Section 20A, which allowed State Government to give binding directions to Waqf Boards, is now deleted.
2. This strengthens board autonomy and prevents political interference.

CEO of Waqf Board – Section 23

1. The Waqf Board CEO must now be a Muslim full-time officer.
2. The CEO must be at least of Joint Secretary rank in the state.
3. Earlier, no fixed rank or full-time requirement was mentioned.

 Registration of Waqf – Section 36

1. Every waqf must now have a written deed to be registered.
2. Registration cannot be based on verbal or oral statements anymore.
3. The District Collector must verify land ownership and legality before registration.
4. No stamp duty, registration fee, or court fee will be charged for waqf registration.
5. All registered waqfs must be uploaded on the central digital portal.
6. Any legal challenge to the waqf registration must be filed within six months.

 Audit of Waqfs – Section 47

1. Waifs earning less than ₹1 lakh annually are exempt from mandatory audit.
2. Earlier, the audit threshold was ₹5,000, which is now outdated.
3. Non-submission of audit is now punishable under Section 61.
4. Audit reports must be digitally signed and uploaded on the portal.

Penalties – Section 61

1. Earlier, the penalty for non-compliance was a fine of ₹1,000.
2. Now, failure to comply may lead to 2 years imprisonment or ₹25,000 fine or both.
3. Digital non-compliance like failure to upload data is now a punishable offence.
4. If an organization violates rules, its responsible officers will also be liable.

Recovery of Waqf Property – Section 52A

1. Section 52A is amended to clarify that recovered waqf property returns to the original waqf.
2. The property does not go to the Waqf Board in general.
3. This ensures restored land continues to serve the original charitable purpose.

 Acquisition of Waqf Land – Section 91

1. Section 91 is amended to replace the outdated 1894 Land Acquisition Act.
2. Now, the 2013 LARR Act applies for acquiring waqf land.
3. Fair compensation, resettlement, and transparency are now mandatory for waqf land acquisition.

 Central Government Rulemaking – Section 108B

1. Section 108B empowers the Central Government to make rules for digital waqf governance.
2. The Centre can decide how the national waqf portal will work.
3. The Centre can fix rules for waqf registration, audit, and monitoring.
4. The Centre can decide what waqf data must be public.
5. The Centre can frame rules for any other waqf-related implementation needs.
6. These rules help make waqf management transparent, modern, and uniform across India.

ISSUES WITH WAQF AMENDMENT

LEGAL & CONSTITUTIONAL ISSUES

1. Waqf Creation Restrictions
   • Only a practicing Muslim (for over 5 years) who owns the land can now create a waqf.
   • This may be challenged under Article 14 (right to equality) as it excludes new converts, joint landowners, and certain waqf traditions like anonymous donations.
2. Elimination of Oral or Usage-Based Waqf
   • The amendment ends recognition of waqf created through long public usage or verbal declaration.
   • This could be seen as infringing on religious freedom and erasing undocumented but historically recognized waqfs.
3. Centralization of Rule-Making
   • All powers to frame waqf rules are shifted from State Governments to the Central Government.
   • This may violate the federal spirit, as “religious and charitable endowments” are a State List subject (Entry 28, Constitution).

SOCIAL & SECTARIAN ISSUES

4. Inclusion of More Sects
   • The Act formally includes Bohra and Aghakhani waqfs under its purview.
   • While positive, this inclusion may cause operational tensions in resolving sect-specific financial, legal, or property issues.
5. Separate Waqf Boards for Minor Sects
   • States can now create separate Waqf Boards for Bohras and Aghakhanis.
   • This could cause administrative duplication and reinforce sectarian divisions within the Muslim community.

IMPLEMENTATION & ADMINISTRATIVE ISSUES

6. Burden on District Collectors
   • The role of the Survey Commissioner is abolished; District Collectors are now responsible for waqf surveys and registrations.
   • This adds to their workload, and they may lack religious or historical expertise related to waqf properties.
7. Data-Intensive Digital Requirements
   • All waqf records, audits, and registration data must be uploaded digitally.
   • Many rural or undocumented waqfs lack digital access or resources, risking exclusion from the system.

GOVERNANCE & AUTONOMY ISSUES

8. Abolition of Section 20A (State Supervision)
   • The State Government can no longer issue directions to Waqf Boards.
   • While reducing political interference, it also removes a supervisory tool in case of board inaction or mismanagement.
9. Sweeping Powers to Central Government (Section 108B)
   • The Centre can now frame all rules on registration, audits, portals, disclosures, etc.
   • There’s a risk of bypassing stakeholder consultations or overlooking local diversity in implementation.

ACCESS TO JUSTICE ISSUES

10. Waqf Tribunal Decisions Not Final Anymore

• Decisions of the Waqf Tribunal can now be appealed, e.g., to High Courts.
• While ensuring judicial review, it may lead to litigation overload and delay justice for poor claimants.

11. Strict Timelines for Legal Challenges

• People have only 6 months to challenge new waqf registrations.
• This short window may disadvantage rural or unaware stakeholders, resulting in loss of genuine objections.

FINANCIAL AND COMPLIANCE BURDEN

12. Audit Compliance and Criminalization

• Waqfs earning ₹1 lakh+ annually must submit digitally signed audit reports.
• Many small or medium waqfs lack CA access or tech support.
• Failure to comply is a criminal offence under Section 61, which may be excessive for non-willful defaults.

OPERATIONAL AND CAPACITY CHALLENGES

13. Enforcement Without Ground Capacity

• The law introduces strict penalties, documentation requirements, and digital systems.
• Without capacity-building of Waqf Boards, these reforms may stay on paper.

14. No Protection for Undocumented Historical Waqfs

• Historical waqf-by-use cases are protected only if registered before 2025.
• This may lead to loss of old mosques, graveyards, or schools created through long usage but never formally registere

 

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