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    Wakf validating act 1913

    (2) Every such statement shall be accompanied by a copy of the deed or instrument creating the wakf or, if no such deed or instrument has been executed or a copy thereof cannot be obtained shall contain full particulars, as far as they are known to the mutwalli, of the origin, nature and objects of the wakf. (2) On such application being made, the Court may, after making; such inquiry, if any, as it thinks fit, if it is of opinion that any further particulars or documents are necessary in order that full information may be obtained regarding the origin’ nature or objects of the wakf] or the condition or management of the wakf property, cause to be served on the mutwalli an order requiring him to furnish such particulars or documents within such time as the Court may direct in the order STATE AMENDMENT Uttar Pradesh:- Omit section 4. Every statement of accounts shall, before it is furnished to the Court under section 5, be audited- (a) In the case of a wakf the gross income of which during the year in question, after deduction of the land-revenue and cesses, if any, payable to the Government, exceeds two thousand rupees, by a person who is the holder of a certificate granted by the [Central Government] under section 144 of the Indian Companies Act, 1913, or is a member of any institution or association the members of which have been declared under that section to be entitled to act as auditors of companies throughout the [territories to which this Act applies](b) In the case of any other wakf, by any person authorised in this behalf by general or special order of the said court.

    1-5-1960).] (1) Within six months from the commencement of this Act every mutwalli shall furnish to the Court within the local limits of whose jurisdiction the property of the wakf of which he is the Mutwalli is situated or to any one of two more such Courts, a statement containing the following particulars, namely:- (a) A description of the wakf property sufficient for the identification thereof; (b) The gross annual income from such property; (c) The gross amount of such income which has been collected during the five years preceding the date on which the statement is furnished, or of the period which has elapsed since the creation of the wakf, whichever period is shorter; (d) The amount of the Government revenue and cesses, and of all rents, annually payable in respect of the wakf property; (e) An estimate of the expenses annually incurred in the realisation of the income of the wakf property, based on such details as are available of any such expenses incurred within the period to which the particulars under clause (c) relate; (f) The amount set apart under the wakf for- (i) The salary of the mutwalli and allowances to individuals; (ii) Purely religious purposes; (iii) Charitable purposes; (iv) Any other purposes; and (g) Any other particulars which may be prescribed. 1-7-1941).] (1) When any statement has been furnished under section the Court shall cause notice of the furnishing thereof to be affixed in some conspicuous place in the Court-house and to be published in such other manner, if any, as may be prescribed, and thereafter an’ person may apply to the Court by a petition in writing, accompanies by the prescribed fee, for the issue of an order requiring the mutwalli to furnish further particulars or documents. 1-7-1941)] Within three months after the thirty-first day of March next following the date on which the statement referred to in section 3 has been furnished, and thereafter within three months of the thirty first day of March in every year, every rnutwalli shall prepare and furnish to the Court to which such statement was furnished a full and true statement of accounts, in such form and containing such particulars as may be prescribed, of all moneys received or expended by him on behalf of the wakf of which he is the mutwalli during the period of twelve months ending on such thirty-first day of March or, as the case may be, during that portion of the said period during which the provisions of this Act have been applicable to the wakf: Provided that the Court may, if it is satisfied that there is sufficient cause for so doing, extend the time allowed for the furnishing of any statement of accounts under this section.

    (4) On completion of the enquiry provided for in sub-sections (1) and (3) the Court shall record its findings as to the matters mentioned in the said subsections, except such matters as may have been decided in the aforesaid suit.

    (5) Save as provided in this section, the Court shall not, when acting under this section, try or determine any question of the title of any person claiming adversely to the wakf.

    (2) The provision of section 4 shall apply to a statement furnished under this section as if such statement had been furnished under section 3.

    (3) Where- (a) A wakf is created after the commencement of this Act, or (b) In the case of a wakf such as is described in section 3 of the Wakf Validating Act, 1913, the person creating the wakf or any member of his family or any of his descendants is at the commencement of this Act alive and entitled to claim any benefit thereunder, The statement referred to in sub-section (1) shall be furnished, in the case referred to in clause (a), within six months of the date on which the wakf is created or, if it has been created by a written document, of the date on which such document is executed, or, in the case referred to in clause (b), within six months of the date of the death of the person entitled to such benefit as aforesaid’ or of the last survivor of any such persons, as the case may be. STATE AMENDMENT Maharashtra: Gujarat.- In its application to Bombay area of the State of Maharshtra/Gujarat,- In its application to Bombay area of the State of Maharashtra/Gujarat,- (1) after section 6, insert the following parts, namely:- “PART III POWERS OF THE COURT TO CALL FOR PARTICULARS AND STATEMENT OF ACCOUNTS (1) Notwithstanding anything contained in section 3, it shall be competent to the Court on failure of a mutwalli to furnish a statement as required under the said section to require the mutwalli to furnish, within such time as the Court shall fix, a statement containing all or any of the particulars referred to in the said section, including a copy of the deed or instrument, if any, creating the wakf.

    Information in this document is being provided as-is without any warranty/guarantee of any kind. Wakf Act 1954 defines Wakf as, "Wakf means the permanent dedication by a person professing the Islam, of any movable or immovable property for any purpose recognized by Muslim Law as religious, pious, or charitable." There are actually three aspects in this requirement.

    Having outlived their utility, these laws need to be repealed, for which recommendations have been made from time to time by various government-appointed bodies. In its report of 1998, the commission had recommended the repeal of over 1,300 Central acts, which it had classified into various categories, including “amending acts” and “validating acts” — those that had amended a pre-existing law or had restored the legal validity of a law or custom derecognised by a court ruling.These were then included in the list of acts in the Repealing and Amending (Third) Bill, which was approved by the cabinet last month.Wakf is an institution of Muslim law by which property is dedicated in perpetuity for religious or charitable purposes.that the remaining provisions of this Act, or any of them which it may specify, shall come into force in the Province, or any specified part thereof on such date as it may appoint in this behalf. (2) Every such statement shall be accompanied by a copy of the deed or instrument creating the wakf or, if no such deed or instrument has been executed or a copy thereof cannot be obtained shall contain full particulars, as far as they are known to the mutwalli, of the origin, nature and objects of the wakf. The original sub-section (2) have successively been amended by A. In this Act, unless there is anything repugnant in the subject or context,--- (a)mutwalli means any person appointed either verbally or under any deed or instrument by which a wakf has been created or by a Court of competent jurisdiction to be the mutwalli of a wakf, and includes a naib-mutwalli or other person appointed by a mutwalli to perform the duties of the mutwalli, and, save as otherwise provided in this Act, any person who is for the time being administering any wakf property; (d)[Muslim] Wakf Validating Act, 1913, under which any benefit is for the time 6 being claimable for himself by the person by whom the wakf was created or by any of his family or descendants. Obligation to furnish particulars relating to wakf.-(1) Within six months from the commencement of this Act every mutwalli shall furnish to the Court within the local limits of whose jurisdiction the property of the wakf of which he is the Mutwalli is situated or to any one of two more such Courts, a statement containing the following particulars, namely:--- (a) a description of the wakf property sufficient for the identification thereof; (b) the gross annual income from such property; (c) the gross amount of such income which has been collected during the five years preceding the date on which the statement is furnished, or of the period which has elapsed since the creation of the wakf, whichever period is shorter; (d) the amount of the Government revenue and cesses, and of all rents, annually payable in respect of the wakf property; (e) an estimate of the expenses annually incurred in the realisation of the income of the wakf property, based on such details as are available of any such expenses incurred within the period to which the particulars under clause (c) relate; (f) the amount set apart under the wakf for,--- (i) the salary of the mutwalli and allowances to individuals; (ii) purely religious purposes; (iii) charitable purposes; (iv) any other purposes; and (g) any other particulars which may be prescribed. (Upper Tanawal) (Excluded Area) Laws Regulation, 1950.

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