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Wakf Act, 1995 Section 77

Title: Wakf Fund

State: Central

Year: 1995

(1) All moneys received or realised by the Board under this Act and all other moneys received as donations, benefactions or grants by the Board shall form a find to be called the Wakf Fund. (2) All moneys received by the Board, as donations, benefactions and grants shall be deposited and accounted for under a separate sub-head. (3) Subject to any rules that may be made by the State Government in this behalf, the Wakf Fund shall be under the control of the Board, so, however, that the Wakf Fund under the control of common Wakf Board shall be subject to rules, if any, made in this behalf by the Central Government. (4) The Wakf Fund shall be applied to (a) repayment of any loan incurred under section 75 and payment of interest thereon; (b) payment of the cost of audit of the Wakf Fund and the accounts of wakfs; (c) payment of the salary and allowances to the Officers and staff of the Board; (d) payment of travelling allowances to the Chairperson, members, of the Board; (e) payment of all expenses incurred by the Board in the performance of the duties imposed, and the exercise of the powers conferred, by or under this Act; (f) payment of all expenses incurred by.....

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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.....

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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.....

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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.....

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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.....

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Mussalman Wakf Act, 1923 Complete Act

Title: Mussalman Wakf Act, 1923

State: Central

Year: 1923

Preamble1 - MUSSALMAN WAKF ACT, 1923 Section1 - Short tittle extent and commencement Section2 - Definitions Section3 - Obligation to furnish particulars relating to wakf Section4 - Publication of particulars and requisition of further particulars Section5 - Statement of accounts Section6 - Audit of account Section7 - Mutawalli entitled to pay cost of audit, etc., from wakf funds Section8 - Verification Section9 - Inspection and copies Section10 - Penalties Section11 - Power to make rules Section12 - Saving Section13 - Exemption

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Mussalman Wakf Act, 1923 Section 7

Title: Mutawalli Entitled to Pay Cost of Audit, Etc., from Wakf Funds

State: Central

Year: 1923

Notwithstanding anything contained in the deed or instrument creating any wakf.every Mutwalli may pay from the income of the pa wakf property any expenses properly incurred by him for the purpose of enabling him to furnish any particulars, documents or copies under section 3 or section 4 or in respect of the preparation or audit of the annual accounts for the purposes of this Act.

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Wakf Act, 1954 Complete Act

State: Central

Year: 1954

.....cases. 3. The present Bill seeks to achieve these objects.-Gaz. of Ind., 3-8- 19S9, Pt. II, S. 2, Ext., P. 579. Amending Act 34 of 1964.- The Wakf Act, 1954 was enacted to provide for the better administration and supervision of wakfs. The Act was amended in 1959 for the limited purpose of removing certain difficulties arising out of reorganisation of States. Experience of the working of the Act over the last ten years has revealed certain difficulties. It is, therefore, proposed to amend the Act to remove these difficulties and to ensure better administration of wakfs by mutawallis, 2. The main features of the Bill are: (i) The definition of beneficiary in regard to objects of public utility is being broadened to cover all objects obtained by Muslim law. Endowments made by nun-Muslims for support of certain Muslim religious and pious institutions will also come under the purview of the Act. (ii) A Central Wakf Council is proposed to be established. (iii) A provision is being made to enable the establishment of separate Sunni and Shia Boards in any State in which the Shia Wakfs constitute in number more than fifteen per cent. of the total number of wakfs In that State or the.....

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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: 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.....

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