The Mussalman Wakf (Repeal) Act, 2025
Parliament enacted the Mussalman Wakf (Repeal) Act, 2025, Act No. 15 of 2025, dated 5 April 2025, to repeal the Mussalman Wakf Act, 1923. The repeal took effect on 9 April 2025, but it preserves earlier actions, obligations, liabilities and related legal proceedings under the repealed Act.
What the Act does
The Mussalman Wakf (Repeal) Act, 2025 removes the Mussalman Wakf Act, 1923 from operation. Parliament enacted Act No. 15 of 2025 on 5 April 2025. The Central Government brought it into force on 9 April 2025 through Notification No. S.O. 1676 (E), dated 9 April 2025, published in the Gazette of India.
The stated reason for the repeal is that the 1923 legislation had become outdated and inadequate for the effective management of waqf property in modern India. The repeal is intended to support uniformity, transparency and accountability in the administration and management of waqf properties through the Waqf Act, 1995, and to remove inconsistencies and ambiguities caused by the continued existence of the older Act.
Who may be affected
The Mussalman Wakf (Repeal) Act, 2025 is relevant to people and organisations whose property, obligations, liabilities or legal proceedings were governed by the Mussalman Wakf Act, 1923. This may include parties dealing with waqf property or with claims and responsibilities that arose under the repealed legislation.
Property buyers, owners and professionals should note that repeal does not automatically cancel matters that arose while the 1923 Act was in operation.
Key provisions
- The Mussalman Wakf Act, 1923 is repealed.
- The earlier operation of the repealed Act remains unaffected.
- Anything properly done or suffered under the repealed Act remains unaffected.
- Obligations and liabilities that had already accrued or been incurred under the repealed Act are preserved.
- Legal proceedings or remedies concerning preserved obligations or liabilities may continue or be enforced as though the 2025 repeal had not been enacted.
- The repeal was proposed because the 1923 Act was considered outdated, inadequate and redundant.
- The stated policy is for waqf property administration and management to operate through the Waqf Act, 1995.
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Common questions
When did the repeal of the Mussalman Wakf Act, 1923 take effect?
The repeal took effect on 9 April 2025 through Central Government Notification No. S.O. 1676 (E), dated 9 April 2025.
Does the repeal cancel liabilities that arose under the 1923 Act?
No. Obligations and liabilities already accrued or incurred under the Mussalman Wakf Act, 1923 are preserved.
Can an existing legal proceeding under the repealed Act continue?
Yes. A legal proceeding or remedy concerning a preserved obligation or liability may continue or be enforced as if the repeal Act had not been passed.
Why was the Mussalman Wakf Act, 1923 repealed?
The statement of objects and reasons describes it as outdated and inadequate. It says the repeal is intended to remove inconsistencies and support uniformity, transparency and accountability through the Waqf Act, 1995.
