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Home Bare Acts Phrase: wakf act 1995 Page 1 of about 783 results (0.018 seconds)Wakf Act, 1995 Chapter III
Title: Central Wakf Council
State: Central
Year: 1995
.....not be taken into account. (2) All monies received by the Council under sub-section (1) and all other monies received by it as donations, benefactions and grants shall form a fund to be called the Central Wakf Fund. (3) Subject to any rules that may be made by the Central Government in this behalf, the Central Wakf Fund shall be under the control of the Council and may be applied for such purposes as the Council may deem fit. Section 11 - Accounts and Audit (1) The Council shall cause to be maintained such books of account and other books in relation to its accounts in such form and in such manner as may be prescribed by rules made by the Central Government. (2) The accounts of the Council shall be audited and examined annually by such auditor as may be appointed by the Central Government. (3) The costs of the audit shall be paid from the Central Wakf Fund. Section 12 - Power of Central Government to make rules (1) The Central Government may, by notification in the Official Gazette, make rules to carry out thepurposes of this Chapter. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of.....
View Complete Act List Judgments citing this sectionWakf Act, 1995 Section 33
Title: Powers of Inspection by Chief Executive Officer or Persons Authorised by Him
State: Central
Year: 1995
.....the appellant first deposits with the Chief Executive Officer the amount which has been determined under sub-section (3) as being payable by the appellant and the Tribunal shall have no power to make any order staying pending the disposal of the appeal, the operation of the order made by the Chief Executive Officer under sub-section (3). (5) The Tribunal may, after taking such evidence as it may think fit, confirm, reverse or modify the order made by the Chief Executive Officer under sub-section (3) or may remit, either in whole or in part, the amount specified in such order and may make such orders as to costs as it may think appropriate in the circumstances of the case. (6) The order made by the Tribunal under sub-section (5) shall be final.
View Complete Act List Judgments citing this sectionWakf Act, 1995 Section 65
Title: Assumption of Direct Management of Certain Wakfs by the Board
State: Central
Year: 1995
.....purpose of satisfying itself as to the correctness, legality or propriety of the notification issued by the Board under subsection (1) and pass such orders as it may think fit and the orders so made by the State Government shall be final and shall be published in the manner specified in sub-section (1). (3) As soon as possible after the close of every financial year, the Board shall send to the State Government a detailed report in regard to every wakf under its direct management, giving therein (a) the details of the income of the wakf for the year immediately preceding the year under report; (b) the steps taken to improve the management and income of the wakf; (c) the period during which the wakf has been under the direct management of the Board and explaining the reasons as to why it has not been possible to entrust the management of the wakf to the mutawalli or any committee of management during the year; and (d) such other matters as may be prescribed. (4) The State Government shall examine the report submitted to it under sub-section (3), and after such examination issue such directions or instructions to the Board as it may think fit and the Board shall comply.....
View Complete Act List Judgments citing this sectionWakf Act, 1995 Section 47
Title: Audit of Accounts of Wakfs
State: Central
Year: 1995
.....income not exceeding the ten thousand rupees, the submission of a statement of accounts shall be a sufficient compliance with the provisions of section 46 and the accounts of two per cent. of such wakf shall be audited annually by an auditor appointed by the Board; (b) the accounts of the wakf having net annual income exceeding ten thousand rupees shall be audited annually, or at such other invervals as may be prescribed, by an auditor appointed by the Board from out of the panel of auditors prepared by the State Government and while drawing up such panel of auditors, the State Governments shall specify the scale of remuneration of auditors; (c) the State Government may, at any time cause the account of any wakf audited by the State Examiner of Local Funds or by any other officer designated for that purpose of that State Government; (2) The auditor shall submit his report to the Board and the report of the auditor shall, among other things, specify all cases of irregular, illegal or improper expenditure or of failure to recover money or other property caused by neglect or misconduct and any other matter which the auditor considers it necessary to report; and the report.....
View Complete Act List Judgments citing this sectionWakf 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.....
View Complete Act List Judgments citing this sectionWakf Act, 1995 Section 69
Title: Power of Board to Frame Scheme for Administration of Wakf
State: Central
Year: 1995
.....for the appointment of the person next in hereditary succession of the mutawalli so removed, as one of the members of the committee appointed for the proper administration of the wakf. (3) Every order made under sub-section (2) shall be published in the prescribed manner, and, on such publication shall be final and binding on the mutawalli, and all persons interested in the wakf: Provided that any person aggrieved by an order made under this section may, within sixty days from the date of the order, prefer an appeal to the Tribunal and after hearing such appeal, the Tribunal may confirm reverse or modify the order: Provided further that the Tribunal shall have no power to stay the operation of the order made under this section. (4) The Board may, at any time by an order, whether made before or after the scheme has come into force, cancel or modify the scheme. (5) Pending the framing of the scheme for the proper administration of the wakf, the Board may appoint a suitable person to perform all or any of the functions of the mutawalli thereof and to exercise the powers, and perform the duties, of such mutawalli.
View Complete Act List Judgments citing this sectionWakf Act, 1995 Section 45
Title: Preparation of Budget of Wakfs Under Direct Management of the Board
State: Central
Year: 1995
.....of the wakf shall be construed as pre-references to the Chief Executive Officer. (5) The audit of accounts of every wakf under the direct management of the Board shall be undertaken by the State Examiner of Local Funds or any other officer appointed by the State Government for this purpose, irrespective of the income of the wakf. (6) The provisions of sub-sections (2) and (3)of section 47 and the provisions of sections 48 and 49 shall in so far as they are not inconsistent with the provisions of this section, apply to the audit of accounts referred to in this section. (7) Where any wakf is under the direct management of the Board, such administrative charges as may be specified by the Chief Executive Officer shall be payable by the wakf of the Board: Provided that the Chief Executive Officer shall not collect more than ten per cent. of the gross annual income of the wakf under the direct management of the Board as administrative charges.
View Complete Act List Judgments citing this sectionWakf Act, 1995 Section 13
Title: Incorporation
State: Central
Year: 1995
(1) With effect from such date as the State Government may, by notification in the Official Gazette, appoint in this behalf, there shall be established a Board of Wakfs under such name as may be specified in the notification. (2) Notwithstanding anything contained in sub-section (1), if the Shia wakfs in any State constitute in number more than fifteen per cent of all the wakfs in the State or if the income of the properties of the Shia wakfs in the State constitutes more than fifteen per cent, of the total income of properties of ail the wakfs in the State, the State Government may, by notification in the Official Gazette, establish a Board of Wakfs each for Sunni wakfs and for Shia wakfs under such names as may be specified in the notification. (3) The Board shall be a body corporate having perpetual succession and a common seal with power to acquire and hold property and to transfer any such property subject to such conditions and restrictions as may be prescribed and shall by the said name sue and be sued.
View Complete Act List Judgments citing this sectionWakf Act, 1995 Section 53
Title: Restriction on Purchase of Property on Behalf of Wakf
State: Central
Year: 1995
Notwithstanding anything contained in a wakf deed, no immovable property shall be purchased for or on behalf of any wakf from the funds of any wakf except with the prior sanction of the Board, and the Board shall not accord such sanction unless it considers that the acquisition of such property is necessary or beneficial to the wakf and that the price proposed to be paid therefor is adequate and reasonable: Provided that before such sanction is accorded, the particulars relating to the proposed transaction shall be published in the Official Gazette inviting objections and suggestions with respect thereto and, the Board shall, after considering the objections and suggestions that may be received by it from mutawallis or other persons interested in the wakf, make such orders as it may think fit.
View Complete Act List Judgments citing this sectionWakf Act, 1995 Section 10
Title: Finance of Council
State: Central
Year: 1995
(1) Every Board shall pay from its Wakf Fund annually to the Council such contribution as is equivalent to one per cent, of the aggregate of the net annual income of the wakfs in respect of which contribution is payable under sub-section (1) of section 72: Provided that where the Board, in the case of any particular wakf has remitted under sub-section (2) of section 72 the whole of the contribution payable to it under sub-section (1) of that section, then for calculating the contribution payable to the Council under this section the net annual income of the wakf in respect of which such remission has been granted shall not be taken into account. (2) All monies received by the Council under sub-section (1) and all other monies received by it as donations, benefactions and grants shall form a fund to be called the Central Wakf Fund. (3) Subject to any rules that may be made by the Central Government in this behalf, the Central Wakf Fund shall be under the control of the Council and may be applied for such purposes as the Council may deem fit.
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