Section Text
In this Act, unless the context otherwise requires.
(a) "beneficiary" means a person or object for whose benefit a wakf is created and includes religious, pious and charitable objects and any other objects of public utility sanctioned by the Muslim law;
(b) "benefit" does not include any benefit which a mutawalli is entitled to claim solely by reason of his being such mutawalli;
(c) "Board" means a Board of Wakf established under sub-section (1), or as the case may be, under sub-section (2) of section 13 and shall include a common Wakf Board established under section 106;
(d) "Chief Executive Officer" means the Chief Executive Officer appointed under sub-section (1) of section 23;
(e) "Council" means the Central Wakf Council established under section 9;
(f) "Executive Officer" means the Executive Officer appointed by the Board under sub-section (1) of section 38;
(g) "list of wakfs" means the list of wakfs published under sub-section (2) of section 5;
(h) "member" means a member of the Board and includes the Chairperson;
(i) "mutawalli" means any person appointed, either verbally or under any deed or instrument by which a wakf has been created, or by a competent authority, to be the mutawalli of a wakf and includes any person who is a mutawalli of a wakf by virtue of any custom or who is a naib-mutawalli, khadim, mujawaf, sajjadanashin, amin or other person appointed by a mutawalli to perform the duties of a mutawalli and save as otherwise provided in this Act, any person, committee or corporation for the time being managing or administering any wakf or wakf property:
Provided that no member of a committee or corporation shall be deemed to be a mutawalli unless such member is an office bearer of such committee or corporation;
(j) "net annual income", in relation to a wakf, means net annual income determined in accordance with the provisions of the Explanations to sub-section (1) of section 72;
(k) "person interested in a wakf means any person who is entitled to receive any pecuniary or other benefits from the wakf and includes
(i) any person who has a right to worship or to perform any religious rite in a mosque, idgah, imambara, dargah ,khangah, maqbara, graveyard or any other religious institution connected with the wakf or to participate in any religious or charitableinstitution under the wakf;
(ii) the wakf and any descendant of the wakif and the mutawalli;
(l) "prescribed", except in Chapter III, means prescribed by rules made by the State Government;
(m) "regulations" means the regulations made by the Board under this Act;
(n) "Shia wakf means a wakf governed by Shia law;
(o) "Sunni wakf means a wakf governed by Sunni law;
(p) "Survey Commissioner" means the Survey Commissioner of Wakf appointed under sub-section (1) of section 4 and includes any Additional or Assistant Survey Commissioners of Wakfs under sub-section (2) of section 4;
(q) "Tribunal", in relation to any area, means the Tribunal constituted under subsection (1) of section 83, having jurisdiction in relation to that area;
(r) "wakf means the permanent dedication by a person professing Islam, of any movable or immovable property for any purpose recognised by the Muslim law as pious, religious or charitable and includes
(i) a wakf by user but such wakf shall not cease to be a wakf by reason only of the user having ceased irrespective of the period of such cesser;
(ii) "grants", including mashrut-ul-khidmat for any purpose recognised by the Muslim law as pious, religious or charitable; and
(iii) a wakf-alal-aulad to the extent to which the property is dedicated for any purpose recognised by Muslim law as pious, religious or charitable, and "wakif" means any person making such dedication;
(s) "wakf deed" means any deed or instrument by which a wakf has been created and includes any valid subsequent deed or instrument by which any of the terms of the original dedication have been varied;
(t) "Wakf Fund" means a wakf fund formed under sub-section (1) of section 77.