State : Central
Year : 1923
MUSSALMAN WAKF ACT, 1923 MUSSALMAN WAKF ACT, 1923 42 of 1923 5th Augest, 1923 STATEMENT OF OBJECTS AND REASONS "The object of the present Bill is sufficiently indicated by the preamble to the Bill. For several years past, there has been a growing feeling amongst the Muhammedan community, throughout the country that the numerous endowments which have been made or are being made daily by pious and public-spirited Muhammadans are being wasted or systematically misappropriated by those into whose hands the trusts may have come in the course of time. Instances of such misuse of trust property are unfortunately so very common that a Waqf endowment has now come to be regarded by the public as only a clever device to tie up property in order to defeat creditors and generally to evade..... List Judgments citing this sectionTitle : Mussalman Wakf Act, 1923
State : Central
Year : 1923
Preamble1 - MUSSALMAN WAKF ACT, 1923 Section1 - Short tittle extent and commencement Section2 - Definitions Section3 - Obligation to furnish particulars relating to wakf Section4 - Publication of particulars and requisition of further particulars Section5 - Statement of accounts Section6 - Audit of account Section7 - Mutawalli entitled to pay cost of audit, etc., from wakf funds Section8 - Verification Section9 - Inspection and copies Section10 - Penalties Section11 - Power to make rules Section12 - Saving Section13 - Exemption List Judgments citing this sectionTitle : Mussalman Wakf Act, 1923
State : Central
Year : 1923
THE MUSSALMAN WAKF ACT, 1923 [Act, No. 42 of 1923 ] [AS ON 1959] [5th August, 1923.] PREAMBLE An Act to make provision for the better management of wakf property and for ensuring the keeping and publication of proper accounts in respect of such properties. WHEREAS it is expedient to make provision for the better management of wakf property and for ensuring the keeping and publication of wakf property accounts in respect of such properties; It is hereby enacted as follows:-- View Complete Act List Judgments citing this sectionTitle : Definitions
State : Central
Year : 1923
In this Act, unless there is anything repugnant in the subject or context,-- (a) "benefit" does not include any benefit which a mutwalli is entitled to claim solely by reason of his being such mutwalli; (b) "Court" means the Court of the District Judge or, within the limits of the ordinary original civil jurisdiction of a High Court, such Court, subordinate to the High Court, as the State Government may, by notification in the Official Gazette, designate in this behalf; (c) "mutwalli" means any person appointed either verbally or under any deed or instrument by which a wakf has been created or by a Court of competent jurisdiction to be the mutwalli of a wakf, and includes a naib-mutwalli or other person appointed by a mutwalli to perform the duties of the mutwalli, and, save as..... View Complete Act List Judgments citing this sectionTitle : Exemption
State : Central
Year : 1923
The State Government may, by notification in the Official Gazette, exempt from the operation of this Act or of any specified provision thereof any wakf or wakfs created or administered for the benefit of any specified section of the Mussalman community. View Complete Act List Judgments citing this sectionTitle : Penalties
State : Central
Year : 1923
Panalty Any person who is required by or under section 3 or section 4 to furnish a statement of particulars or any document relating to a wakf, or who is required by section 5 to furnish a statement of accounts, shall, if he, without reasonable cause the burden of proving which shall lie upon him. fails to furnish such statement or document, as the case may be, in due time, or furnishes a statement which he knows or has reason to believe to be false, misleading or untrue in any material particular, or, in the case of a statement of accounts furnishes a statement which has not been audited in the manner required by section 6, be punishable with fine which may extend to five hundred rupees, or, in the case of a second or subsequent offence, with fine which may extend to two thousand..... View Complete Act List Judgments citing this sectionTitle : Publication of Particulars and Requisition of Further Particulars
State : Central
Year : 1923
(1) When any statement has been furnished under section the Court shall cause notice of the furnishing thereof to be affixed in some conspicuous place in the Court-house and to be published in such other manner, if any, as may be prescribed, and thereafter an person may apply to the Court by a petition in writing, accompanies by the prescribed fee, for the issue of an order requiring the mutwalli to furnish further particulars or documents. (2) On such application being made, the Court may, after making; such inquiry, if any, as it thinks fit, if it is of opinion that any further particulars or documents are necessary in order that full information may be obtained regarding the origin' nature or objects of the wakf] or the condition or management of the wakf property, cause to be..... View Complete Act List Judgments citing this sectionTitle : Audit of Account
State : Central
Year : 1923
Every statement of accounts shall, before it is furnished to the Court under section 5, be audited-- (a) in the case of a wakf the gross income of which during the year in question, after deduction of the land-revenue and cesses, if any, payable to the Government, exceeds two thousand rupees, by a person who is the holder of a certificate granted by the { Subs.by the A.O.1937 for "L.G.".} Central Government] under section 144 of the { The relevant provisions of the Companies Act.1936 (1 of 1.956) may now be referred to.}Indian Companies Act, 1913, or is a member of any institution or association the members of which have been declared under that section to be entitled to act as auditors of companies throughout the { Subs. by the A.O.1950 for " Provinces ".}[territories to which this..... View Complete Act List Judgments citing this sectionTitle : Short Tittle Extent and Commencement
State : Central
Year : 1923
(1) This Act may be called the Mussalman Wakf Act, 1923; {Subs. by the A.O.1950 for the former sub-section.} [(2) It extends to the whole of India except { Subs. by the Adaptation of Laws (No.3) Order, 1956.for " Part B States ".}[the territories which, immediately before the 1st November, 1956, were comprised in Part B me States].] (3) This section shall come into force at once; and (4) The State Government may, by notification in the Official Gazette. direct { Sections.2 to 5 and 7 to 13 were brought into force in the Punjab with effect from the 14th May, 1924, see Punjab Gazette, 1924, Pt.I.p.4113.Sections.2 to 13 were brought into force in the Presidency of Bombay from the 1st June, 1925, see Bombay Government Gazette, 1925, Pt.I, p.1414. All provisions of the Act were..... View Complete Act List Judgments citing this sectionTitle : Obligation to Furnish Particulars Relating to Wakf
State : Central
Year : 1923
(1) Within six months from the commencement of this Act every mutwalli shall furnish to the Court within the local limits of whose jurisdiction the property of the wakf of which he is the Mutwalli is situated or to any one of two more such Courts, a statement containing the following particulars, namely:-- (a) a description of the wakf property sufficient for the identification thereof; (b) the gross annual income from such property; (c) the gross amount of such income which has been collected during the five years preceding the date on which the statement is furnished, or of the period which has elapsed since the creation of the wakf, whichever period is shorter; (d) the amount of the Government revenue and cesses, and of all rents, annually payable in respect of the wakf..... View Complete Act List Judgments citing this section