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1.Short
title, extent and commencement:-(1) This Act may be
called the Wakf Act, 1995.
(2) It extends to the whole of India except the
State of Jammu and Kashmir.
(3) It shall come into force in a State on such date
as the Central government may, by notification in
the Official Gazette, appoint; and different dates
may be appointed for different areas within a State
and for different provisions of this Act, and any
reference in any provision to the commencement of
this Act, shall, in relation to any State or area
therein, be construed as reference to the
commencement of that provision in such state or
area.
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.
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 91), or as the case may be, under
sub-section 92) 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, mujawar,
sajjadanshin, amin or other person appointed by a
mutawalli to perform the duties of a mutawalli and
save as otherwise provided in this Act, any persons,
committee or corporation for the time being managing
or administering any wakf or wakf property:
Provided that no member of a committee or
corporation shall be deemed to be a mutawalli unless
such member is an office bearer of such committee or
corporation;
(j) 'net annual income", in relation to a wakf,
means net annual income determined in accordance
with the provisions of the Explanations to
sub-section (1) of section 72;
(k) "person interested in a wakf" means any person
who is entitled to receive any pecuniary or other
benefits from the wakf and includes-
(i) any person who has a right to worship or to
perform any religious rite in a mosque idgah,
imambara, dargah, khangah, maqbara, graveyard or any
other religious institution connected with the wakf
or to participate in any religious or charitable
institution under the wakf;
(ii) the wakif and any descendant of the wakif and
the mutawalli;
(l) "prescribed", except in Chapter III, means
prescribed by rules made by the State Government;
(m) "regulations" means the regulations made by the
Board under this Act;
(n) "Shia wakf" means a wakf governed by Shia law;
(o) "Sunni wakf" means a wakf governed by Sunni law;
(p) "Survey Commissioner" means the Survey
Commissioner of Wakf appointed under sub-section (1)
of section 4 and includes any Additional or
Assistant Survey Commissioners of wakfs under
sub-section (2) of section 4;
(q) "Tribunal", in relation to any area, means the
Tribunal constituted under sub-section (1) of
section 83, having jurisdiction in relation to that
area;
(r) "wakf" means the permanent dedication by a
person professing Islam, of any movable or immovable
property for any purpose recognised by the Muslim
law as pious, religious or charitable and includes -
(i) a wakf by user but such wakf shall not cease to
be a wakf by reason only of the user having ceased
irrespective of the period of such cesser;
(ii) "grants", including mashrut-ul-khidmat for any
purpose recognised by the Muslim law as pious,
religious or charitable; and
(iii) a wakf-alal-aulad to the extent to which the
property is dedicated for any purpose recognised by
Muslim law as pious, religious or charitable,
and "wakf" means any person making such dedication;
(s) "wakf deed" means any deed or instrument by
which a wakf has been created and includes any valid
subsequent deed or instrument by which any of the
term of the original dedication have been varied;
(t) "Wakf Fund" means a wakf fund formed under
sub-section (1) of section 77.
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