Wakf Act,1995
Act No : 43
Section :
Registration.
36. Registration. (1) Every wakf, whether created before or after the Commencement of this Act., shall he registered at the office of the Board. (2) Application for registration shall be made by the mutawalli: Provided that such applications may be made by the wakf or his descendants or a beneficiary of the wakf or any Muslim belonging to the sect to which the wakf belongs. (3) An application for registration shall be made in such form and manner and at such place as the Board may by regulation provide and shall contain following particulars: (a) a description of the wakf properties sufficient for the identification thereof: (b) the gross annual income from such properties; (c) the amount of land revenue, cesses, rates and taxes annually payable in respect of the wakf properties; (d) an estimate of the expenses annually incurred in the realisation of the income of the wakf properties; (e) the amount set apart under the wakf for- (i) the salary of the mutawalli and allowances to the individuals; (ii) purely religious purposes; (iii) charitable purposes; and 18 (iv) any other purposes; (f) any other particulars provides by the Board by regulations. (4) Every such application shall be accompanied by a copy of the wakf deed or if no such deed has been executed or a copy thereof cannot be, obtained, shall contain full particulars, as far as they are known to the applicant. of the origin, nature and objects of the wakf. (5) Every application made under sub-section (2) shall be. signed and verified by the applicant in the manner provided in the Code of Civil Procedure, 1908 (5 of 1908.) for the signing and verification of pleadings. (6) The Board may require the applicant to supply any further particulars or information that it may consider necessary. (7) On receipt of an application for registration, the Board may, before the registration of the wakf make such inquiries as it thinks fit in respect of the genuineness and validity of the application and correctness of any particulars therein and when the application is made by any person other than the person administering the wakf property, the Board shall, before registering the wakf, give notice of the application to the person administering the wakf property and shall hear him if he desires to be heard. (8) In the case of wakfs created before the commencement of this Act, every application for registration shall be made, within three months from such commencement and in the case of wakfs created after such commencement, within three months from the date of the creation of the wakf: Provided that where there, is no board at the time of creation of a wakf such application will be made within three months from the date of establishment of the Board.
Read All Comments
