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Start Free TrialWakf (Amendment) Act, 2013, (Central) Section 29
Title: Amendment of Section 51
State: Central
Year: 2013
In section 51 of the principal Act,-- (i) for sub-section (1), the following sub-sections shall be substituted, namely:-- "(1) Notwithstanding anything contained in the waqf deed, any lease of any immovable property which is waqf property, shall be void unless such lease is effected with the prior sanction of the Board: Provided that no mosque, dargah, khanqah, graveyard, or imambara shall be leased except any unused graveyards in the States of Punjab, Haryana and Himachal Pradesh where such graveyard has been leased out before the date of commencement of the Wakf (Amendment) Act, 2013. (1A) Any sale, gift, exchange, mortgage or transfer of waqf property shall be void ab initio: Provided that in case the Board is satisfied that any waqf property may be developed for the purposes of the Act, it may, after recording reasons in writing, take up the development of such property through such agency and in such manner as the Board may determine and move a resolution containing recommendation of development of such waqf property, which shall be passed by a majority of two-thirds of the total membership of the Board: Provided further that nothing contained in this sub-section.....
View Complete Act List Judgments citing this sectionWakf Act, 1954 Complete Act
State: Central
Year: 1954
.....in respect of two or more States, while in some other cases there is more than one Board functioning in the same State. This is not a satisfactory arrangement. It is, therefore, necessary to reconstitute such Boards as intra-State bodies. It is accordingly proposed to empower the Central Government to make, wherever necessary, suitable orders for the reconstitution of these Boards and for division of their assets and liabilities. In regard to the composition of the Boards, the Act makes a distinction between Part A States, Part B States and Part C States. This distinction no longer holds good. It is, therefore, proposed to provide that each Board, when it is constituted for any of the States or the Union Territory of Delhi, should have eleven members while the Board for any other Union Territory, should have five members only. 2. In some of the States, the Act is in force in certain parts only and it is proposed to empower the Central Government to bring the Act into force in the remaining part of such States. If, however, for any reason it is not found feasible to bring the Act into force in the remaining part of any such State and establish a Board for the whole of.....
List Judgments citing this sectionDelhi Development Act, 1957 Complete Act
State: Delhi
Year: 1957
.....or at whose expense such amenities are to be provided; (ix) the prohibitions or restrictions regarding erection of shops, workshops, warehouses or factories or buildings of a specified architectural feature of buildings designed for particular purposes in the locality; (x) the maintenance of walls, fences, hedges or any other structural or architectural construction and the height at which they shall be maintained; (xi) the restrictions regarding the use of any site for purposes other than erection of buildings; and (xii) any other matter which is necessary for the proper development of the zone or any area thereof according to plan and for preventing buildings being erected haphazardly in such zone or area. Section9 Submission of plans to the Central Government for approval (1) In this section and in sections 10, 11, 12 and 14 the word "plan" means the master plan as well as the zonal development plan for a zone. (2) Every plan shall, as soon as may be after its preparation, be submitted by the Authority to the Central Government for approval and that Government may either approve the plan without modifications or with such modifications as it may consider.....
List Judgments citing this sectionThe Aizawl Development Authority Act, 2005 Complete Act
State: Mizoram
Year: 2005
.....at whose expense such amenities are to be provided; (viii) the prohibitions or restrictions regarding erection of shops, workshops, warehouses or factories or buildings of a specified architectural feature or buildings designed for particular purposes in the locality; (ix) the maintenance of walls, fences, hedges or any other structural or architectural construction and the height at which they shall be maintained; (x) the restrictions regarding the use of any site for purposes other than erection of buildings; and (xi) any other matter which is necessary or expedient for the proper development of the zone or any area thereof according to plan and for preventing buildings being erected haphazardly in such zone or area. 9. Submission of plans to Government for approval " (1) In this section and in sections 10, 11, 12 and 14 the word "plan" means the master plan as well as the zonal development plan for a zone. (2) Every plan shall, as soon as may be after its preparation, be submitted by the Authority to the Government for approval and the Government may either approve the plan without modification or with such modification as it may consider necessary or reject the.....
List Judgments citing this sectionThe Punjab Regional and Town Planning and Development Act, 1995 Complete Act
State: Punjab
Year: 1995
.....ratio" means the ratio derived by dividing, the total covered area of all floors by the area of plot; (rrr) "Heritage site" includes buildings, artefacts, structures, areas, precincts of historical or aesthetical or architectural or educational or scientific or cultural or environmental significance and those natural features of environmental significance or scenic beauty as may be declared as such by the Competent Authority by a notification;] (s) "Land" includes benefits to arise out of land and things attached to the earth or permanently fastened to any thing attached to the earth; (t) "local authority" means a Municipal Corporation, a Municipal Committee, a Municipal Council, a Town Improvement Trust, a Cantonment Board, a Zila Parishad, a Panchayat Samiti or a Gram Panchayat, or, any other authority entrusted with the functions of a local authority under any law for the time being in force ; (u) Substituted by Punjab Act No. 30 of 2006. ["Master Plan" means Master plan prepared under this Act and includes a New Town Development Plan]; (v) "means of access" includes any means of access, whether private or public, for vehicles or for foot passengers, and includes a road; (w).....
List Judgments citing this sectionThe Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963 Complete Act
State: Punjab
Year: 1963
.....whom such amenities are to be provided; (h) the prohibition or restrictions regarding erection or re-erection of shops, workshops, warehouses or factories or buildings of a specified architectural feature or buildings designed for particular purposes in any locality; (i) the maintenance of walls, fences, hedges or any other structural or architectural construction and the height at which they shall be maintained; (j) the restrictions regarding the use of any site for purposes other than the erection or re-erection of buildings; (k) any other matter which is necessary for the proper planning of any controlled area and for preventing buildings being erected or re-erected haphazardly in such area . (3) The Government may either approve the plans without modifications or with such modifications as it may consider necessary or reject the plans with directions to the Director to prepare fresh plans according to such directions . (4) The Government shall cause to be published by notification the plans approved by it under subsection (3) for the purpose of inviting objections thereon . (5) Any person may, within thirty days from the date of publication of the notification.....
List Judgments citing this sectionCess Act, 1880 Complete Act
State: West Bengal
Year: 1880
..... All holders of estates or tenures in respect of which such notice has been served who shall, without sufficient cause being shown to the satisfaction of the Collector, refuse or omit to lodge the required return in the office of such Collector within the time allowed by such notice in respect of the estate or tenure which they hold, or within-any extended time which may have been allowed by the Collector for lodging such return, shall be severally liable to a fine which may extend to fifty rupees for every day after the expiration of such time or extended time until such return is furnished, or until the value of the lands comprised in their respective estates and tenures shall have been otherwise ascertained and determined by the Collector as hereinafter provided. The amount of such fine accruing due from time to time may be levied by the Collector, as provided in section 98 or 99, and the fact of an appeal against such fine being pending shall not avail to prevent the levy of any such fine pending the disposal of the appeal, unless the Commissioner shall otherwise direct. Whenever the amount levied in respect of any such fine exceeds five hundred rupees, the Collector.....
List Judgments citing this sectionWakf 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; .....
View Complete Act List Judgments citing this sectionWakf 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.....
View Complete Act List Judgments citing this sectionWakf Act, 1995 Chapter IX
Title: Miscellaneous
State: Central
Year: 1995
.....Commissioner or any other person duly appointed under this Act in respect of anything which is in good faith done or intended to be done under this Act. Section 101 - Survey Commissioner, Members and Officers of the Board deemed to be public servants (1) The Survey Commissioner, members of the Board, every officer every auditor of the Board and every other person duly appointed to discharge any duties imposed on him by this Act or any rule or order made thereunder, shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, 1860(45 of 1860). (2) Every mutawalli of a wakf, every member of managing committee, whether constituted by the Board or under any deed of wakf, every Executive Officer and every person holding any office in a wakf shall also be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code, 1860 (45 of 1860). Section 102 - Special provision for reorganisation of certain Boards (1) Where on account of the reorganisation of States under any law providing reorganisation of States, the whole or any part of a State in respect of which a Board was immediately before the day of such.....
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