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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).....

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Wakf 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.....

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Wakf Act, 1995 Section 91

Title: Proceedings Under Act 1 of 1894

State: Central

Year: 1995

.....the authority under such other law competent to make such award. (2) Where the Board has reason to believe that any property under acquisition is wakf property, it may at any time before the award is made appear and plead as a party to the proceeding. (3) When the Board has appeared under the provisions of sub-section (1) or sub-section (2) no order shall be passed under section 31 or section 32 of the Land Acquisition Act, 1894 or under the corresponding provisions of the other law referred to in sub-section (1) without giving an opportunity to the Board to be heard. (4) Any order passed under section 31 or section 32 of the Land Acquisition Act, 1894 or under the corresponding provisions of the other law referred to in sub-section (1) without giving an opportunity to the Board to be heard, shall be declared void if the Board, within one month of its coming to know of the order, applies in this behalf to the authority which made the order.

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National Environment Tribunal Act, 1995 Complete Act

State: Central

Year: 1995

.....and received the assent of the President on 17th June, 1995 and became an Act of Parliament under the short title "THE NATIONAL ENVIRONMENT TRIBUNAL ACT, 1995 (29 OF 1995). An Act to provide for strict liability for damages arising out of any accident occurring while handling any hazardous substance and for the establishment of a National Environment Tribunal for effective and expeditious disposal of cases arising from such accident, with a view to giving relief and compensation for damages to persons, property and the environment and for matters connected therewith or incidental thereto. WHEREAS decisions were taken at the United Nations Conference on Environment and Development held at Rio de Janeiro in June, 1992, in which India participated, calling upon the States to develop national laws regarding liability and compensation for the victims of pollution and other environmental damages; AND WHEREAS it is considered expedient to implement the decisions of the aforesaid Conference so far as they relate to the protection of environment and payment of compensation for damage to persons, property and the environment while handling hazardous substances; BE it enacted by Parliament.....

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National Environment Tribunal Act, 1995 Chapter II

Title: Compensation for Death Of, or Injury To, a Person and Damage to Property and Environment

State: Central

Year: 1995

.....for preventing any loss or damage being caused to the applicant which cannot be adequately compensated in money but any such interim order shall, if it is not sooner vacated, cease to have effect on the expiry of a period of fourteen days from the date on which it is made unless the said requirements have been complied with before the expiry of that period and the Tribunal has continued the operation of the interim order. Section 7 - Reduction of amount of relief paid under any other law Where in respect of death of, or injury to any person or damage to any property the owner, liable to pay compensation under this Act, is also liable to pay any amount as relief under the Public Liability Insurance Act, 1991 (6 of 1991) of any other compensation under any other law, the amount of compensation payable under this Act shall be reduced by the amount of relief and other compensation paid under any other law.

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National Environment Tribunal Act, 1995 Section 3

Title: Liability to Pay Compensation in Certain Cases on Principle of No Fault

State: Central

Year: 1995

(1) Where death of, or injury to, any person (other than a workman) or damage to any property or environment has resulted from an accident, the owner shall be liable to pay compensation for such death, injury or damage under all or any of the heads specified in the Schedule. (2) In any claim for compensation under sub-section (1), the claimant shall not be required to plead and establish that the death injury or damage in respect of which the claim has been made was due to any wrongful act, neglect or default or any person. Explanation.For the purposes of this section (i) "workman" has the meaning assigned to it in the Workmen's Compen­sation Act, 1923; (ii) "injury" includes permanent total or permanent partial disability or sickness resulting out of an accident. (3) If the death, injury or damage caused by an accident cannot be attributed to any individual activity but is the combined or resultant effect of several such activities, operation and processes, the Tribunal may apportion the liability for compensation amongst those responsible for such activities, operations and processes on an equitable basis.

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National Environment Tribunal Act, 1995 Chapter III

Title: Establishment of National Environment Tribunal and Benches Thereof

State: Central

Year: 1995

.....rules, regulate the procedure for investigation of misbehaviour or incapacity of the Chairperson Vice-Chairperson or other Member referred to in sub-section (2). Section 14 - Salaries and allowances and other terms and conditions of service of Chairperson, Vice-Chairperson and other Members The salaries and allowances payable to, and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of, the Chairperson, Vice-Chairperson and other Member shall be such as may be prescribed: Provided that neither the salary and allowances nor the other terms and conditions of service of the Chairperson, Vice-Chairperson or other Member shall be varied to his disadvantage after his appointment. Section 15 - Provision as to the holding of offices by Chairperson, etc. on ceasing to be such Chairperson, etc On ceasing to hold office, (a) the Chairperson of the Tribunal shall be ineligible for further employment either under the Government of India or under the Government of a State; (b) the Vice-Chairperson of the Tribunal shall, subject to the other provisions of this Act, be eligible for appointment as the Chairperson of the Tribunal,.....

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National Environment Tribunal Act, 1995 Section 15

Title: Provision as to the Holding of Offices by Chairperson, Etc. on Ceasing to Be Such Chairperson, Etc

State: Central

Year: 1995

.....of a State; (c) a Member (other than the Chairperson or Vice-Chairperson) of the Tribunal shall, subject to the other provisions of this Act, be eligible for appointment as the Chairperson or Vice-Chairperson of the Tribunal or as the Chairperson, Vice-Chairperson or Member of any other Tribunal, but not for any other employment either under the Government of India or under the Government of a State; (d) the Chairperson, Vice-Chairperson or other Member shall not appear, act or plead before the Tribunal. Explanation.For the purposes of this section, employment under the Government of India or under the Government of a State includes employment under any local or other authority within the territory of India or under the control of the Government of India or under any corporation or society owned or enrolled by the Government.

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Delhi Rent Act, 1995 Chapter VII

Title: Delhi Rent Tribunal

State: Central

Year: 1995

.....the Code of Civil Procedure, 1908(5 of 1908), but shall be guided by the principles of natural justice and, subject to the other provisions of this Act and of any rules made by the Central Government, the Tribunal shall have power to lay down and regulate its own procedure, including the fixing of places and times of its inquiry and deciding whether to sit in public or in private. (2) The Tribunal shall decide every application made to it as expeditiously as possible and on a perusal of documents, affidavits and written representations and after hearing such oral arguments as may be advanced: Provided that where the Tribunal deems it necessary, for reasons to be recorded in writing, it may allow oral evidence to be adduced. (3) The Tribunal shall have, for the purposes of discharging its functions under this Act, the same powers as are vested in a civil court under the Code of Civil Procedure, 1908(5 of 1908), while trying a suit, in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of documents; (c) receiving evidence on affidavits; (d) subject.....

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Delhi Rent Act, 1995 Section 53

Title: Provision as to the Holding of Offices by Chairman and Member on Ceasing to Be Such Chairman or Member

State: Central

Year: 1995

On ceasing to hold office,-- (a) the Chairman of the Tribunal shall be ineligible for further employment either under the Government of India or under the Government of a State; (b) a Member, other than the Chairman, of the Tribunal shall, subject to the other provisions of this Act, be eligible for appointment as the Chairman or Member of any other tribunal, but not for any other employment either under the Government of India or under the Government of a State; (c) the Chairman, or other Member shall not appear, act or plead before the Tribunal. Explanation.-- For the purposes of this section, employment under the Government of India in under the Government of a State includes employment under any local or other authority within the territory of India or under the control of the Government of India or under any corporation or society owned or controlled by the Government.

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