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Wakf Act, 1995 Complete Act

Title: Wakf Act, 1995

State: Central

Year: 1995

Preamble1 - WAKF ACT, 1995 Chapter 1 Section1 - Short title, extent and commencement Section2 - Application of the Act Section3 - Definitions Chapter II Section4 - Preliminary survey of wakfs Section5 - Publication of list of wakf Section6 - Disputes regarding wakfs Section7 - Power of Tribunal to determine disputes regarding wakfs Section8 - Recovery of costs of survey Chapter III Section9 - Establishment and constitution of Central Wakf Council Section10 - Finance of Council Section11 - Accounts and Audit Section12 - Power of Central Government to make rules Chapter 4 Section13 - Incorporation Section14 - Composition of Board Section15 - Term of office Section16 - Disqualification for being appointed, or for continuing as, a member of the Board Section17 - Meetings of the Board Section18 - Committees of the Board Section19 - Resignation of Chairperson and members Section20 - Removal of Chairperson and member Section21 - Pilling of a vacancy Section22 - Vacancies etc., not to invalidate proceedings of the Board Section23 - Appointment of Chief Executive Officer and his term of office and other conditions of service Section24 - Officers and other employees.....

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 VI

Title: Maintenance of Accounts of Wakfs

State: Central

Year: 1995

.....time, modify the scheme in such manner as may be necessary to bring it in conformity with the directions of the wakf or of the provisions of this Act and the rules made thereunder. (2) Notwithstanding anything contained in this Act and in the deed of the wakf, the Board may, if it is satisfied, for reasons to be recorded in writing, that a committee, referred to in sub-section (1) is not functioning properly and satisfactorily, or that the wakf is being mismanaged and that in the interest of its proper management, it is necessary so to do, by an order, supersede such committee, and, on such supersession, any direction of the wakf, in so far as it relates to the constitution of the committee, shall cease to have any force: Provided that the Board shall, before making any order superseding any committee, issue a notice setting forth therein the reasons for the proposed action and calling upon the Committee to show cause within such time, not being less than one month, as may be specified in the notice, as to why such action shall not be taken. (3) Every order made by the Board under sub-section (2) shall be published in the prescribed manner and on such publication shall.....

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 Chapter 1

Title: Preliminary

State: Central

Year: 1995

.....1996, 1996 vide S.O. 1007(E) dated 27th December, 1995. Section 2 - 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 Durgah Khawaja Saheb, Ajmer to which the Durgah Khawaja Saheb Act, 1955 (36 of 1955) applies. Section 3 - 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; .....

Wakf Act, 1995 Section 3

Title: Definitions

State: Central

Year: 1995

.....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) "Executive Officer" means the Executive Officer appointed by the Board under sub-section (1) of section 38; (g) "list of wakfs" means the list of wakfs published under sub-section (2) of section 5; (h) "member" means a member of the Board and includes the Chairperson; (i) "mutawalli" means any person appointed, either verbally or under any deed or instrument by which a wakf has been created, or by a competent authority, to be the mutawalli of a wakf and includes any person who is a mutawalli of a wakf by virtue of any custom or who is a naib-mutawalli, khadim, mujawaf, sajjadanashin, amin or other person appointed by a mutawalli to perform the duties of a mutawalli and save as otherwise provided in this Act, any person, committee or.....

Wakf 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.....

Wakf Act, 1995 Section 36

Title: Registration

State: Central

Year: 1995

.....full particulars, as far as they are known to the applicant, of the origin, nature and objects of the wakf, (5) Every application made under sub-section (2) shall be signed and verified by the applicant in the manner provided in the Code of Civil Procedure, 1908 (5 of 1908) for the signing and verification of pleadings. (6) The Board may require the applicant to supply any further particulars or information that it may consider necessary. (7) On receipt of an application for registration, the Board may, before the registration of the wakf make such inquiries as it thinks fit in respect of the genuineness and validity of the application and correctness of any particulars therein and when the application is made by any person other than the person administering the wakf property, the Board shall, before registering the wakf, give notice of the application to the person administering the wakf property and shall hear him if he desires to be heard, (8) In the case of wakfs created before the commencement of this Act, every application for registration shall be made, within three months from such commencement and in the case of wakfs created after such commencement, within.....

Wakf Act, 1995 Section 37

Title: Register of Wakfs

State: Central

Year: 1995

The Board shall maintain a register of wakfs which shall contain in respect of each wakf copies of the wakf deeds, when available and the following particulars, namely: (a) the class of the wakf; (b) the name of the mutawalli; (c) the rule of succession to the office of mutawalli under the wakf deed or by custom or by usage; (d) particulars of all wakfs properties and all title deeds and documents relating thereto; (e) particulars of the scheme of administration and the scheme of expenditure at the time of registration; (f) such other particulars as may be provided by regulations.

Wakf Act, 1995 Section 72

Title: Annual Contribution Payable to Board

State: Central

Year: 1995

.....of the Chief Executive Officer is incorrect or false in any material particular, or which does not comply with the provisions of this Act or any rule or order made thereunder, the Chief Executive Officer may assess the net annual income of the wakf to the best of his judgment or revise the net annual income as shown in the return submitted by the mutawalli and the net annual income as so assessed or revised shall be deemed to be the net annual income of the wakf for the purposes of this section: Provided that no assessment of the net annual income or revision of return submitted by mutawalli shall be made except after giving a notice to the mutawalli calling upon him to show cause, within the time specified in the notice, as to why such assessment or revision of the return shall not be made and every such assessment or revision shall be made after considering the reply if any, given by the mutawalli. (7) Any mutawalli who is aggrieved by the assessment or revision made by the Chief Executive Officer under sub-section (6) may prefer an appeal to the Board within thirty days from the date of the receipt of the assessment or revision of return and the Board may, after giving.....