Power of Mussalmans to create certain wakfs.—It shall be lawful for any person professing the Mussalman faith to create a wakf which in all other respects is in accordance with the provisions of Mussalman law for the following among other purposes:— (b) where the person creating a wakf is a Hanafi Mussalman, also for his own maintenance and support during his lifetime or for the payment of his debts out of the rents and profits of the property dedicated: Provided that the ultimate benefit is in such cases expressly or impliedly reserved for the poor or for any other purpose recognised by the Mussalman law as a religious, pious or charitable purpose of a permanent character. Wakfs not to be invalid by reason of remoteness of benefit to poor, etc.—No such wakf shall be deemed to be invalid merely because the benefit reserved therein for the poor or other religious, pious or charitable purpose of a permanent nature is postponed until after the extinction of the family, children or descendents of the person creating the wakf.WHEREAS doubts have arisen regarding the validity of wakfs created by persons professing the Mussalman faith in favour of themselves, their families, children and descendants and ultimately for the benefit of the poor or for other religious, pious or charitable purposes; and whereas it is expedient to remove such doubts; It is hereby enacted as follows:2.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.We have taken all reasonable measures to ensure the quality, reliability, and accuracy of the information in this document. There must be a dedication, the dedication must be permanent, and the dedication can be of the property. It can be written or oral but it must be clear to convey the intention of dedication.[Official Gazette], make rules to carry into effect the purposes of this Act. 3 of 1950); and applied in the Federated Areas of Baluchistan see Gazette of India, 1937, Pt. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--- (a)is being administered either by a receiver appointed by any Court of competent jurisdiction, or under a scheme for the administration of the wakf which has been settled or approved by any Court of competent jurisdiction or by any other authority acting under the provisions of any enactment. Exemption.- The It has been extended to the Leased Areas of Baluchistan, see the Leased Areas (Laws) Order, 1950 (G.
In May last year, the new government decided to remove more outdated enactments from the overcrowded statute book and constituted the Ramanujam Committee to identify acts for repeal. On the basis of this report, the government initiated the process of getting rid of outdated laws.Apart from public wakfs like mosques and dargahs, there is a category of wakf alal aulad (wakf for descendants), whereby property is dedicated to one’s descendants and, ultimately, for charitable objects after the extinction of the family.In 1891, the Calcutta High Court held that such a wakf could not be given legal effect since a “dedication must not depend upon an uncertain contingency, such as the possible extinction of the family”.Our statute book is full of obsolete laws, some dating back to the 19th and early 20th centuries.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.