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Start Free TrialPersons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 Chapter 6
Title: Employment
State: Central
Year: 1995
.....by notification subject to such conditions, if any, as may be specified in such notification, exempt any establishment from the provisions of this section. Section 34 - Special Employment Exchange (1) The appropriate Government may, by notification, require that from such date as may be specified, by notification, the employer in every establishment shall furnish such information or return as may be prescribed in relation to vacancies appointed for persons with disability that have occurred or are about or occur in that establishment to such Special Employment Exchange as may be prescribed and the establishment shall thereupon comply with such requisition. (2) The form in which and the intervals of time for which information or returns shall be furnished and the particulars, they shall contain shall be such as may be prescribed. Section 35 - Power to inspect record or document in possession of any establishment Any person authorised by the Special Employment Exchange in writing, shall have access to any relevant record or document in the possession of any establishment and may enter at any reasonable time and premises where he believes such record or document to be,.....
View Complete Act List Judgments citing this sectionWakf Act, 1995 Section 68
Title: Duty of Mutawalli or Committee to Deliver Possession of Records, Etc
State: Central
Year: 1995
.....by the Magistrate under sub-section (2), the Magistrate may authorise the successor mutawalli or committee to take charge and possession of such records, accounts, properties (including cash) and may authorise such person to take such police assistance as may be necessary for the purpose. (5) No order of appointment of the successor mutawalli or committee shall be called in question in the proceedings before the Magistrate under this section. (6) Nothing contained in this section shall bar the institution of any suit in a competent civil court by any person aggrieved by any order made under this section, to establish that he has right, title and interest in the properties specified in the order made by the Magistrate under sub-section (2).
View Complete Act List Judgments citing this sectionWakf 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.
View Complete Act List Judgments citing this sectionWakf Act, 1995 Section 90
Title: Notice of Suits, Etc., by Courts
State: Central
Year: 1995
(1) In every suitor proceeding relating to a title to or possession of a wakf property or the right of a mutawalli or beneficiary, the court or Tribunal shall issue notice to the Board at the cost of the party instituting such suit or proceeding. (2) Whenever any wakf property is notified for sale in execution of a decree of a civil court or for the recovery of any revenue, cess, rates or taxes due to the Government or any local authority notice shall be given to the Board by the court, Collector or other person under whose order the sale is notified. (3) In the absence of a notice under sub-section (1), any decree or order passed in the suit or proceeding shall be declared void, if the Board, within one month of its coming to know of such suit or proceeding, applies to the court in this behalf. (4) In the absence of a notice under sub-section (2), the sale shall be declared void, if the Board, within one month of its coming to know of the sale, applies in this behalf to the court or other authority under whose order the sale was held.
View Complete Act List Judgments citing this sectionWakf Act, 1995 Section 86
Title: Appointment of a Receiver in Certain Cases
State: Central
Year: 1995
Notwithstanding anything contained in the Code of Civil Procedure, 1908(5 of 1908), or in any other law for the time being in force, where any suit or other legal proceeding is instituted or commenced (a) by or on behalf of a Board (i) to set aside the sale of any immovable property, which is wakf property, in execution of a decree or order of a civil court; (ii) to set aside the transfer of any immovable property, which is wakf property, made by the mutawalli thereof, whether for valuable consideration or not, without or otherwise than in accordance with, the sanction of the Board; (iii) to recover possession of the property referred to in clause (a) or clause (b) or to restore possession of such property to the mutawalli of the concerned wakf; or (b) by a mutawalli to recover possession of immovable property, which is wakf property, which has been transferred by a previous mutawalli, whether for valuable consideration or not, without otherwise than in accordance with the sanction of the Board, and which is in the possession of the defendant, the court may, on the application of the plaintiff, appoint a receiver of such property and direct such receiver to pay from.....
View Complete Act List Judgments citing this sectionWakf Act, 1995 Chapter VIII
Title: Judicial Proceedings
State: Central
Year: 1995
.....be, to the claim for set-off or any other claim made on behalf of any wakf which has not been registered in accordance with the provisions of this Act, Section 88 - Bar to challenge the validity of any notification, etc Save as otherwise expressly provided in this Act no notification or order or decision made, proceeding or action taken, by the Central Government or the State Government under this Act or any rule made thereunder shall be questioned in any civil court. Section 89 - Notice of suits by parties against Board No suit shall be instituted against the Board in respect of any act purporting to be done by it in pursuance of this Act or of any rules made thereunder, until the expiration of two months next after notice in writing has been delivered to, or left at, the office of the Board, stating the cause of action, the name, description and place of residence of the plaintiff and the relief which he claims; and the plaint shall contain a statement that such notice has been so delivered or left. Section 90 - Notice of suits, etc., by courts (1) In every suitor proceeding relating to a title to or possession of a wakf property or the right of a mutawalli or.....
View Complete Act List Judgments citing this sectionWakf Act, 1995 Section 76
Title: Mutawalli Not to Lend or Borrow Moneys Without Sanction
State: Central
Year: 1995
.....provision in the deed of wakf for such borrowing or lending, as the case may be. (2) The Board may, while according sanction, specify any terms and conditions subject to which the person referred to in sub-section (1) is authorised by him to lend or borrow any money or lend any other wakf property. (3) Where any money is lent or borrowed, or other wakf property is lent in contravention of the provisions of this section, it shall be lawful for the Chief Executive Officer, (a) to recover an amount equal to the amount which has been so lent or borrowed, together with interest due thereon, from the personal funds of the person by whom such amount was lent or borrowed; (b) to recover the possession of the wakf property lent in contravention of the provisions of this Act, from the person to whom it was lent, or from persons who claim title to such property through the person to whom such property was lent.
View Complete Act List Judgments citing this sectionWakf Act, 1995 Chapter VIII
Title: Finance of the Board
State: Central
Year: 1995
.....which had escaped assessment, and demanding payment thereof within thirty days from the date of service of such notice and the provisions of this Act and the rules made thereunder, shall, as far as may be, apply as if the assessments were made under this Act, in the first instance. Section 73 - Power of Chief Executive Officer to direct banks or other person to make payments (1) Notwithstanding anything contained in any other law for the time being in force, the Chief Executive Officer, if he is satisfied that it is necessary and expedient so to do, make an order directing any bank in which, or any person with whom any money belonging to a wakf is deposited, to pay the contribution, leviable under section 72, out of such money, as may be standing to the credit of the wakf in such bank or may be deposited with such person, or out of the moneys which may, from time to time, be received by bank or other person for or on behalf of the wakf by way of deposit, and on receipt of such orders, the bank or the other person, as the case may be, shall when no appeal has been preferred under sub-section (3), comply with such orders, or where an appeal has been preferred under.....
View Complete Act List Judgments citing this sectionWakf Act, 1995 Section 61
Title: Penalties
State: Central
Year: 1995
.....registration under this Act, (i) in the case of a wakf created before the commencement of this Act, within the period specified therefor in sub-section (8) of section 36; (ii) in the case of any wakf created after such commencement, within three months from the date of the creation of the wakf; or (b) a mutawalli furnishes any statement, return or information to the Board, which he knows or has reason to believe to be false, misleading, untrue or incorrect in any material particular, he shall be punishable with imprisonment for a term which may extend to six months and also with fine which may extend to fifteen thousand rupees. (3) No court shall take cognizance of an offence punishable under this Act save upon complaint made by the Board or an officer duly authorised by the Board in this behalf. (4) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under this Act. (5) Notwithstanding anything contained in the Code of Criminal Procedure, 1973(2 of 1974), the fine imposed under sub-section (1), when realised shall be credited to the Wakf Fund. (6) In every case where offender is.....
View Complete Act List Judgments citing this sectionPersons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 Complete Act
Title: Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995
State: Central
Year: 1995
.....title, extent and commencement Section2 - Definitions Chapter 2 Section3 - Central Co-ordination Committee Section4 - Term of office of Members Section5 - Disqualifications Section6 - Vacation of seats by Members Section7 - Meetings of the Central Co-ordination Committee Section8 - Functions of the Central Co-ordination Committee Section9 - Central Executive Committee Section10 - Functions of the Central Executive Committee Section11 - Meetings of the Central Executive Committee Section12 - Temporary association of persons with Central Executive Committee for particular purposes Chapter 3 Section13 - State Co-ordination Committee Section14 - Terms and conditions of service of Members Section15 - Disqualifications Section16 - Vacation of seats Section17 - Meetings of the State Co-ordination Committee Section18 - Functions of the State Co-ordination Committee Section19 - State Executive Committee Section20 - Functions of the State Executive Committee Section21 - Meetings of the State Executive Committee Section22 - Temporary association of persons with State Executive Committee for particular purposes Section23 - Power to give directions Section24 -.....
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