Mussalman wakf validating act 1913
Mussalman wakf validating act 1913
Every order made and every action taken under this Ordinance shall have effect notwithstanding anything inconsistent therewith contained in any document, decree or order of any court, deed, enactment or any instrument having effect by virtue of any such enactment other than this Ordinance. No suit, prosecution or other legal proceeding shall be instituted against any person for anything which is in good faith done or intended to be done under this Ordinance or the rules made thereunder.24authority, officer or person exercising any power or performing any duty conferred or imposed upon it or him by or in pursuance of this Ordinance or otherwise discharging any lawful function under this Ordinance; or Whoever disobeys or wilfully fails to comply with any requisition, instruction or direction issued by the Chief Administrator under section 20 shall be punished with fine which may extend to five hundred rupees, and with further fine which may extend to fifty rupees for every day on which the said disobedience of failure continues after the date of the first conviction.
Subject to the provisions of this Ordinance, a waqf property shall be used for the purpose for which it was dedicated or has been used or for any purpose recognised by Islam as religious, pious or charitable, as the Chief Administrator may deem fit.
Explanation 6 Relief of the poor and the orphan, education, worship, medical relief, maintenance of shrines or the advancement of any other object of charitable, religious or pious nature or of general public utility shall be deemed to be charitable purposes. The Chief Administrator shall be a corporation sole by the name of the Chief Administrator of Auqaf, Punjab, and shall have perpetual succession and an official seal, and may sue and be sued in his corporate name.
Appointment of Administrators and Deputy Administrators. (1) Government may appoint an Administrator or Administrators for such area or areas and Deputy Administrators for such districts as may be specified in the notification to assist the Chief Administrator and any Administrator or Deputy Administrator so appointed shall, subject to the general or special orders of the Chief Administrator, be competent to discharge such duties and exercise such powers of the Chief Administrator as may be assigned to him and when discharging such duties or exercising such powers shall have the same privileges and be subject to the same liabilities as the Chief Administrator: General appointments.
Considering their number and resources, [a] wakf can become a strong instrument not only for the preservation of religious and charitable institutions, but also for [the] educational and economic development of the community.
Wakfs constitute a national asset for a very large number of these support schools, colleges, technical institute, libraries, reading-rooms, charitable dispensaries and Musafirkhanas, etc., which benefit the public irrespective of their religion or creed.
District court and High Court not to issue temporary injunction or order.
Notwithstanding anything to the contrary contained in any other enactment for the time being in force, the District court or the High Court shall not, pending disposal of a petition filed under section 11 or an appeal filed under section 12, have the power to issue temporary injunction or order restraining the Chief Administrator from taking over or assuming the administration, control, management and maintenance of property in respect of which a notification has been issued under section 7. Decision of the District court under section 11 or the High Court under section 12 to be final.If there is no appeal, the decision of the District court, or when there is an appeal the decision in appeal shall be final. Chief Administrator to prepare the scheme for the administration of waqf property.(1) The Chief Administrator shall, as respects the waqf property in respect of which a notification under section 7 has been issued and the gross annual income from which exceeds five thousand rupees and in other cases may, settle a scheme for the administration and development of such waqf property.Parliament passed the Repealing and Amending Act, 2016 keeping in line with the Government’s aim to clean the Statute book and repeal old and defunct laws.In effect though only a few old and defunct laws such as: have been repealed.An extensive survey of wakf properties throughout the country is nearing completion.