Wakf Act,1995
Act No : 43
Section :
Definitions.
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; (f) "Executive Officer" means the Executive Officer appointed by the Board under subsection (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, 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 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 wakif, 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; 3 (ii) the wakif and any descendant of the wakif and the muta- walli; (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 terms 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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