The Waqf Act, 1995 is a comprehensive Act of the Parliament of India that governs the administration and management of waqf properties across the country. A waqf is defined as the permanent dedication of movable or immovable property by a Muslim for purposes recognized by Muslim law as pious, religious, or charitable. The Act was enacted to consolidate and amend previous legislation, specifically repealing the Wakf Act, 1954, and became effective on November 22, 1995, to address issues of mismanagement and provide a uniform legal framework.
The Act works by establishing statutory bodies for the supervision of waqf properties. It mandates the establishment of a Central Waqf Council at the national level and State Waqf Boards in each state or Union Territory, which are responsible for the general superintendence of all waqf in their jurisdiction. A key mechanism is the mandatory survey of waqf properties to list and document assets. The Act prohibits the sale, transfer, or mortgage of waqf properties without the prior permission of the Waqf Board, reinforcing the principle that "once a Waqf, always a Waqf". For dispute resolution, the Act provides for the constitution of specialized Waqf Tribunals under Section 83, which are deemed to be civil courts for matters related to waqf property.
The Act connects to the broader legal concept of trusts and endowments, but unlike those under the Indian Trusts Act, 1882, waqfs are specifically for religious and charitable uses and are intended to be perpetual. The original Act was significantly amended by the Waqf (Amendment) Act, 2013, which strengthened the powers of the Waqf Boards, particularly in removing encroachments and broadening the scope of the Waqf Tribunals. More recently, the Waqf (Amendment) Act, 2025 was passed, which aims to improve transparency and accountability. This 2025 amendment, among other changes, removed Section 40 of the 1995 Act, which had previously given Waqf Boards the authority to arbitrarily declare a property as waqf. The core purpose of protecting permanently dedicated religious and charitable property remains the same.