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Start Free TrialWakf Act, 1995 Complete Act
State: Central
Year: 1995
.....to the commencement of that provision in such State or area. SECTION 02: APPLICATION OF THE ACT Save as otherwise expressly provided under this Act, this Act shall apply to all wakfs whether created before or after the commencement of this Act : Provided that nothing in this Act shall apply to Dargah Khawaja Saheb, Ajmer to whichthe Dargah Khawaja Saheb Act, 1955 (?? of 1955)applies. SECTION 03: DEFINITIONS 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).....
List Judgments citing this sectionWakf Act, 1995 Chapter VI
Title: Maintenance of Accounts of Wakfs
State: Central
Year: 1995
.....time, modify the scheme in such manner as may be necessary to bring it in conformity with the directions of the wakf or of the provisions of this Act and the rules made thereunder. (2) Notwithstanding anything contained in this Act and in the deed of the wakf, the Board may, if it is satisfied, for reasons to be recorded in writing, that a committee, referred to in sub-section (1) is not functioning properly and satisfactorily, or that the wakf is being mismanaged and that in the interest of its proper management, it is necessary so to do, by an order, supersede such committee, and, on such supersession, any direction of the wakf, in so far as it relates to the constitution of the committee, shall cease to have any force: Provided that the Board shall, before making any order superseding any committee, issue a notice setting forth therein the reasons for the proposed action and calling upon the Committee to show cause within such time, not being less than one month, as may be specified in the notice, as to why such action shall not be taken. (3) Every order made by the Board under sub-section (2) shall be published in the prescribed manner and on such publication shall.....
View Complete Act List Judgments citing this sectionWakf Act, 1995 Chapter 4
Title: Establishment of Board and their Functions
State: Central
Year: 1995
.....or any member thereof if he (a) is or becomes subject to any disqualifications specified in section 16; or (b) refuses to act or is incapable of acting or acts in a manner which the State Government, after hearing any explanation that he may offer, considers to be prejudicial to the interests of the wakfs; or (c) fails in the opinion of the Board, to attend three consecutive meetings of the Board, without sufficient excuse. (2) Where the Chairperson of the Board is removed under sub-section (1), he shall also cease to be a member of the Board. Section 21 - Pilling of a vacancy When the seat of a member becomes vacant by his removal, resignation, death or otherwise, a new member shall be appointed in his place and such member shall hold office so long as the member whose place he fills would have been entitled to hold office, if such vacancy had not occurred. Section 22 - Vacancies etc., not to invalidate proceedings of the Board No act or proceeding of the Board shall be invalid by reason only of the existence of any vacancy amongst its members or any defect in the constitution thereof. Section 23 - Appointment of Chief Executive Officer and his term of office.....
View Complete Act List Judgments citing this sectionWakf Act, 1995 Section 32
Title: Powers and Functions of the Board
State: Central
Year: 1995
.....with the provisions of this Act: Provided that no such sanction shall be given unless at least two thirds of the members of the Board vote in favour of such transaction; (k) to administer the Wakf Fund; (l) to call for such returns, statistics, accounts and of her information from the mutawallis with respect to the wakf property as the Board may, from time to time, require; (m) to inspect, or cause inspection of, wakf properties, accounts, records or deeds and documents relating thereto; (n) to investigate and determine the nature and extent of wakf and wakf property, and to cause, whenever necessary, a survey of such wakf property; (o) generally do all such acts as may be necessary for the control, maintenance and administration of wakfs. (3) Where the Board has settled any scheme of management under clause (d) or given any direction under clause (e) of sub-section (2), any person interested in the wakf or affected by such settlement or direction may institute a suit in a Tribunal for setting aside such settlement or directions and the decision of the Tribunal thereon shall be final. (4) Where the Board is satisfied that any wakf land, which is a wakf.....
View Complete Act List Judgments citing this sectionWakf Act, 1995 Section 45
Title: Preparation of Budget of Wakfs Under Direct Management of the Board
State: Central
Year: 1995
.....of the wakf shall be construed as pre-references to the Chief Executive Officer. (5) The audit of accounts of every wakf under the direct management of the Board shall be undertaken by the State Examiner of Local Funds or any other officer appointed by the State Government for this purpose, irrespective of the income of the wakf. (6) The provisions of sub-sections (2) and (3)of section 47 and the provisions of sections 48 and 49 shall in so far as they are not inconsistent with the provisions of this section, apply to the audit of accounts referred to in this section. (7) Where any wakf is under the direct management of the Board, such administrative charges as may be specified by the Chief Executive Officer shall be payable by the wakf of the Board: Provided that the Chief Executive Officer shall not collect more than ten per cent. of the gross annual income of the wakf under the direct management of the Board as administrative charges.
View Complete Act List Judgments citing this sectionWakf Act, 1995 Section 72
Title: Annual Contribution Payable to Board
State: Central
Year: 1995
.....of the Chief Executive Officer is incorrect or false in any material particular, or which does not comply with the provisions of this Act or any rule or order made thereunder, the Chief Executive Officer may assess the net annual income of the wakf to the best of his judgment or revise the net annual income as shown in the return submitted by the mutawalli and the net annual income as so assessed or revised shall be deemed to be the net annual income of the wakf for the purposes of this section: Provided that no assessment of the net annual income or revision of return submitted by mutawalli shall be made except after giving a notice to the mutawalli calling upon him to show cause, within the time specified in the notice, as to why such assessment or revision of the return shall not be made and every such assessment or revision shall be made after considering the reply if any, given by the mutawalli. (7) Any mutawalli who is aggrieved by the assessment or revision made by the Chief Executive Officer under sub-section (6) may prefer an appeal to the Board within thirty days from the date of the receipt of the assessment or revision of return and the Board may, after giving.....
View Complete Act List Judgments citing this sectionPersons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 Section 64
Title: Annual Report to Be Prepared by the Chief Commissioner
State: Central
Year: 1995
(1) The Chief Commissioner shall prepare in such form and at such time for each financial year as may be prescribed by the Central Government an annual report giving a full account of his activities during the previous financial year and forward a copy thereof to the Central Government. (2) The Central Government shall cause the annual report to be laid before each House of Parliament along with the recommendations explaining the action taken or proposed to be taken on the recommendation made therein insofar as they relate to the Central Government and the reasons for non-acceptance, if any, of any such recommendation or part.
View Complete Act List Judgments citing this sectionPersons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 Section 65
Title: Annual Reports to Be Prepared by Thecommissioners
State: Central
Year: 1995
(1) The Commissioner shall prepare in such form and at such time for each financial year as may be prescribed by the State Government an annual report giving a full account of his activities during the previous financial year and forward a copy thereof to the State Government. (2) The State Government shall cause the annual report to be laid before each State Legislature along with the recommendations explaining the action taken or proposed to be taken on the recommendations made therein insofar as they relate to the State Government and the reasons for non-acceptance, if any, of any such recommendation or part.
View Complete Act List Judgments citing this sectionTechnology Development Board Act, 1995 Section 12
Title: Annual Report
State: Central
Year: 1995
The Board shall prepare, in such form and at such time in each financial year, as may be prescribed, its annual report, giving a full account of its activities during the previous financial year, and submit a copy thereof to the Central Government.
View Complete Act List Judgments citing this sectionTechnology Development Board Act, 1995 Section 14
Title: Annual Report and Auditors Report to Be Laid Before Parliament
State: Central
Year: 1995
The Central Government shall cause the annual report and auditor's report to be laid, as soon as may be after they are received, before each House of Parliament.
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