The Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995

Act No. 43

22-Nov-1995

Section 1 — The Wakf (Amendment) Act, 2013 (27 of 201 3)

1. The Wakf (Amendment) Act, 2013 (27 of 201 3)

Section 2 — The Waqf (Amendment) Act, 20 25 (14 of 20 25)

2. The Waqf (Amendment) Act, 20 25 (14 of 20 25) _______ LIST OF ABBREVIATIONS USED Cl.,cls. . . . . . for Clause, clause s. Ins. . . . . . ,, Inserted. Notifn. . . . . . ,, Notification. S., ss. . . . . . ,, Section, section s. Sch. . . . . . ,, Schedule. Subs. . . . . . ,, Substituted . w.e.f. . . . . . ,, with effect from. 3 THE UNIFIED WAQF MANAGEMENT, EMPOWERMENT, EFFICIENCY AND DEVELOPMENT ACT, 1995 ________

Section 1 — Short title, extent and commencement

1. Short title, extent and commencement .

(1)This Act may be called the 2[Unified Waqf Management, Empowerment, Efficiency and Development ] Act, 1995.

(2)It extends to the whole of India 3***.

(3)It shall come into force in a State on such date4 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.

Section 2 — Application of the Act

2. Application of the Act .-Save as otherwise expressly provided under this Act, this Act shall apply to all 5[auqaf ] 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 : 6[Provided further that nothing in this Act shall, notwithstanding any judgement, decree or order of any court, apply to a trust (by whatever name called) established before or after the commencement of this Act or statutorily regulated by any statutory provision pertaining to public charities, by a Muslim for purpose similar to a waqf under any law for the time being in force.]

Section 3 — Definition s

3. Definition s.-In this Act, unless the context otherwise requires ,-

(a)“beneficiary” means a person or object for whose benefit a 7[waqf] is created and includes religious, pious and charitable objects and any other objects of public utility sanctioned by the Muslim law ; 8[(aa) “Aghakhani waqf” means a waqf dedicated by an Aghakhani waqif; ]

(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 7[Waqf] established under sub -section ( 1), or as the case may be, under sub-section ( 2) of section 13 and shall include a common 7[Waqf] Board established under section 106; 8[(ca) “Bohra waqf” means a waqf dedicated by a Bohra waqif;]

(d)“Chief Executive Officer” means the Chief Executive Officer appointed under sub-section ( 1) of section 23 ;

Section 4 — 1st January, 1996, vide notification No. S.O. 1007 (E), dated 27th December, 1995, see Gazette of India, Extraordinary, Part II,

4. 1st January, 1996, vide notification No. S.O. 1007 (E), dated 27th December, 1995, see Gazette of India, Extraordinary, Part II,