Bare Act Search Results

Wakf Act, 1995 Section 106

Title: Powers of Central Government to Constitute Common Boards

State: Central

Year: 1995

.....established under sub-section (1) shall, as far as practicable, consist of the persons specified in sub-section (1) or, as the case may be, sub-section (7) of section 14. (3) Whenever any common Board is established under sub-section (1), (a) ail powers vested in the State Government under any deed of wakf or any provision of law for the time being in force relating to wakfs, shall stand transferred to, and vested in, the Central Government and, thereupon, references in such deed of wakf or law to the State Governments shall be construed as references to the Central Government: Provided that while establishing a common Board for two or more States, the Central government shall ensure that at least one representative of each of theconcerned States is included as a member of the Board; (b) references in this Act to a State shall be construed as references to each of the States for which the common Board has been established; (c) the Central Government may, without prejudice to any rule applicable to a Board in a State, make, by notification in the Official Gazelle, rules regulating the conduct of business by, and affairs of the common Board. (4) The common Board.....

Wakf 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).....

Wakf 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.....

Wakf Act, 1995 Chapter IX

Title: Miscellaneous

State: Central

Year: 1995

.....this Act that corresponding law shall stand repealed: Provided that such repeal shall not affect the previous operation of that corresponding law, and subject thereto, anything done or any action taken in the exercise of any power conferred by or under the corresponding law shall be deemed to have been done or taken in the exercise of the powers conferred by or under this Act as if this Act was in force on the day on which such things were done or action was taken. Section 113 - Power to remove difficulties (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, not inconsistent with the provisions of this Act, remove the difficulty: Provided that no such order shall be made after the expiry of the period of two years from the commencement of this Act. (2) However, order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.

Wakf Act, 1995 Section 3

Title: Definitions

State: Central

Year: 1995

.....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.....

Wakf Act, 1995 Chapter 1

Title: Preliminary

State: Central

Year: 1995

.....1996, 1996 vide S.O. 1007(E) dated 27th December, 1995. Section 2 - 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 Durgah Khawaja Saheb, Ajmer to which the Durgah Khawaja Saheb Act, 1955 (36 of 1955) applies. Section 3 - 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; .....

Delhi Rent Act, 1995 Chapter II

Title: Rent

State: Central

Year: 1995

.....other charges payable, the Rent Authority shall fix or determine an amount which appears to him to be reasonable having regard to the provisions of section 7 or section 9 or section 8 and the ether circumstances of the case. (4) In fixing the standard rent of any premises part of which has been lawfully sub-let, the Rent Authority may also fix the standard rent of such part sub-let. (5) Where for any reason it is not possible to determine the standard rent of any premises on the principles set forth in section 7, the Rent Authority may fix such rent as would be reasonable having regard to the situation, locality and condition of the premises and the amenities provided therein, and where there are similar or nearly similar premises in the locality, having regard also to the rent payable in respect of such premises. (6) The standard rent shall in all cases be fixed for a tenancy of twelve months: Provided that where any premises are let or re-let for a period of less than twelve months, the standard rent for such tenancy shall bear the same proportion to the annual rent as the period of tenancy bears to twelve months. (7) In fixing the standard rent of any premises under.....

Finance Act, 1995 Complete Act

State: Central

Year: 1995

.....by virtue of holding a capital asset, being a share or any other security within the meaning of clause (h) of section 2 of the Securities Contracts (Regulation) Act, 1956 (hereinafter in this clause referred to as the financial asset), the assessee" (A) becomes entitled to subscribe to any additional financial asset; or (B) is allotted any additional financial asset without any payment. then, subject to the provisions of sub-clauses (i) and (ii) of clause (b)"; (ii) after sub-clause (iii), the following sub-clause shall be inserted, namely :" '(iiia) in relation to the financial asset allotted to the assessee without any payment and on the basis of holding of any other financial asset, shall be taken to be nil in the case of such assessee"; SECTION 15: INSERTION OF NEW SECTION 80DDA After section 80DD of the Income-tax Act, the following section shall be inserted, with effect from the 1st day of April, 1996, namely :" '80DDA. Deduction in respect of deposit made for maintenance of handicapped dependant." (1) In computing the total income of an assessee who is resident in India, being an individual or a Hindu undivided family, there shall be deducted, in accordance with and.....

Wakf 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.....

Wakf 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.....