Bare Act Search Results

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 V

Title: Registration of Wakfs

State: Central

Year: 1995

.....matter, and after giving a reasonable opportunity to the Executive Officer or a member of his staff of being heard, confirm, modify or reverse the order. Section 39 - Powers of Board in relation to wakfs which have ceased to exist (1) The Board shall, if it is satisfied that the objects or any part thereof, of a wakf have ceased to exist, whether such cesser took place before or after the commencement of this Act, cause an inquiry to be held by the Chief Executive Officer, in the prescribed manner, to ascertain the properties and funds pertaining to such wakf. (2) On the receipt of the report of inquiry of the Chief Executive Officer, the Board shall pass an order (a) specifying the property and funds of such wakfs; (b) directing that any property or funds pertaining to such wakf which have been recovered shall be applied or utilised for the renovation of any wakf property and where there is no need for making any such renovation or where utilisation of the funds for such renovation is not possible, be appropriated, to any of the purposes specific in sub-clause (iii) of clause (e) of sub-section (2) of section 32. (3) The Board may, if it has reason to believe that.....

Wakf Act, 1995 Section 40

Title: Decision if a Property is Wakf Property

State: Central

Year: 1995

.....inquiry in regard to such property and if after such inquiry the Board is satisfied that such property is wakf property, call upon the trust or society, as the case may be, either to register such property under this Act as wakf property or show cause why such property should not be so registered: Provided that in all such cases, notice of the action proposed to be taken under this subsection shall be given to the authority by whom the trust or society had been registered. (4) The Board shall, after duly considering such cause as may be shown in pursuance of notice issued under sub-section (3), pass such orders as it may think fit and the order so made by the Board, shall be final, unless it is revoked or modified by a Tribunal.

The Punjab Regional and Town Planning and Development Act, 1995 Complete Act

State: Punjab

Year: 1995

THE PUNJAB REGIONAL AND TOWN PLANNING AND DEVELOPMENT ACT, 1995 THE PUNJAB REGIONAL AND TOWN PLANNING AND DEVELOPMENT ACT, 1995 Punjab Act No. 11 of 1995 Legislative History 1. Amended by Punjab Act 4 of 1996 (Notification dated 17-04-1996). 2. Punjab Act No. 13 of 2003 (Notification dated 06-05-2003). 3. Punjab Act No. 30 of 2006 (Notification dated 27-10-2006). Notification The 26th May, 1995 No. 11-Leg./95. - The following Act of the Legislature of the State of Punjab received the assent of the President of India on the 24th May, 1995, and is hereby published for general information :- AN ACT to make provision for better planning and regulating the development and use of land in planning areas delineated for that purpose, for preparation of Regional Plans and Master Plans and implementation thereof; for the constitution of a State Regional and Town Planning and Development Board, for guiding and directing the planning and development processes in the State; for Constitution of a State Urban Planning and Development Authority, Special Urban Planning and Development Authorities and New Town Planning and Development Authorities, for the effective and planned.....

Punjab Apartment and Property Regulation Act, 1995 Complete Act

State: Punjab

Year: 1995

.....and circulated a Model Draft Bill, fey the guidance of the State Government to enact such a legislation speedily. Hence this Bill. Scope of the Act. The Act of 1995 has been enacted with a view to regulate the promotion of the construction, transfer and management of apartments on ownership basis, to regulate colonies and property transactions and to provide for registration of promoters and estate agents and enforcement of obligations on promoters and estate agents and for matters connected therewith or incidental thereto. Before the enactment of 1995 Act, the Punjab Regulation of Colonies Act, 1975 occupied the field. However, it was felt that the private colonizers were operating in the State with the sole motive of making profits without regard to the interest and rights of individual buyers of plots/flats. In order to check, control and regulate the activities of private colonisers and protect the interest of the consumers keeping in view the National Housing Policy, the Legislature enacted the 1995 Act. National Housing Policy. - About the necessity for promoting a national housing policy to overcome the acute shortage of housing in our country, this Court had occasion.....

Maharashtra Prevention of Defacement of Property Act, 1995 Complete Act

State: Maharashtra

Year: 1995

.....the State Government, any local authority or person for anything which is in good faith or in public interest done or intended to be done under this Act. SECTION 07: ACT TO OVERRIDE OTHER LAWS The provisions of this Act shall have effect notwithstanding anything to the contrary contained in any other law for the time being in force. SECTION 08: REMOVAL OF DIFFICULTIES If any difficulty arises in giving effect to the provisions of this Act, the State Government may, as occasion requires, by order, do anything not inconsistent with the objects and purposes of this Act, which appears to it to be necessary or expedient for the purpose of removing the difficulty Provided that no such order shall be made after the expiry of a period of two years from the date of commencement of this Act. SECTION 09: REPEAL OF MAH. I OF 1995 AND SAVING (1) The Maharashtra Prevention of Defacement of Property Ordinance, 1995 (Mah. Ord I of 1995) is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken, as the case may be, under the corresponding provisions of this Act. Maharashtra State Acts

Wakf Act, 1995 Section 108

Title: Special Provision as to Evacuee Wakf Properties

State: Central

Year: 1995

.....and whether generally or for specified purpose) of any such property to a Board made before the commencement of this Act in pursuance of the instructions of the Custodian under the Administration of Evacuee Property Act, 1950 shall have, and shall be deemed always to have had, notwithstanding anything contained in any other provision of this Act, effect as if such entrustment had operated to (a) vest such property in such Board in the same manner and with the same effect as in a trustee of such property for the purposes of sub-section (1) of section 11 of the Administration of Evacuee Property Act, 1950 (31 of 1950) with effect from the date of such entrustment, and (b) authorise such Board to assume direct management of the wakf concerned for so long as it might deem necessary.

Wakf Act, 1995 Section 52

Title: Recovery of Wakf Property Transferred in Contravention of Section 51

State: Central

Year: 1995

.....the person in possession of the property to deliver the property to the Board within a period of thirty days from the date of the service of the order. (3) Every order passed under sub-section (2) shall be served (a) by giving or tendering the order, or by sending it by post to the person for whom it is intended; or (b) if such person cannot be found, by affixing the order on some conspicuous part of his last known place of abode or business, or by giving or tendering the order to some adult male member or servant of the family or by causing it to be affixed on some conspicuous part of the property to which it relates: Provided that where the person on whom the order is to be served is a minor, service upon his guardian or upon any adult male member or servant of his family shall be deemed to be the service upon the minor. (4) Any person aggrieved by the order of the Collector under sub-section (2) may within a period of thirty days from the date of the service of the order, prefer an appeal to the Tribunal within whose jurisdiction the property is situate and the decision of the Tribunal on such appeal shall be final. (5) Where an order passed under sub-section.....

Wakf Act, 1995 Section 54

Title: Removal of Encroachment from Wakf Property

State: Central

Year: 1995

.....in such manner as may be prescribed, the Chief Executive Officer is satisfied that the property in question is wakf property and that there has been an encroachment on any such wakf property, he may, by an order, require the encroacher to remove such encroachment and deliver possession of the land, building, space or other property encroached upon to the mutawalli of the wakf. (4) Nothing contained in sub-section (3) shall prevent any person aggrieved by the order made by the Chief Executive Officer under that sub-section from instituting a suit in a Tribunal to establish that he has right, title or interest in the land, building, space or other property: Provided that no such suit shall be instituted by a person who has been let into possession of the land, building, space or other property as a lessee, licensee or mortgagee by the mutawalli of the wakf or by any other person authorised by him in this behalf.

Wakf Act, 1995 Section 51

Title: Alienation of Wakf Property Without Sanction of Board to Be Void

State: Central

Year: 1995

.....if any, that may be received by it from the concerned mutawalli or any other person interested in the wakf, accord sanction to such transaction if it is of opinion that such transaction is (i) necessary or beneficial to the wakf; (ii) consistent with the objects of the wakf; (iii) the consideration thereof is reasonable and adequate: Provided that the sale of the property sanctioned by the Board shall be effected by public auction and shall be subject to confirmation by the Board within such time as may be prescribed: Provided further that the Tribunal may, on the application of the aggrieved mutawalli or other person, for reasons to be recorded by it in writing, permit such sale to be made otherwise than by public auction, if it is of opinion that it is necessary so to do in the interest of the wakf. (3) The utilisation or investment of the amount realised by the sale or exchange mortgage of any property shall be made by the mutawalli subject to the approval of the Board, and where any amount has been raised by mortgage of any such property, the mutawalli or other person shall make repayment of the mortgage-debt and obtain a discharge of the mortgage-debt.....