Jammu and Kashmir Wakafs Act, 2001
No: 3 Dated: Jan, 01 2001
THE JAMMU AND KASHMIR WAKAFS ACT, 2001
(Act No. III of 2001)
An Act to provide to provide for the better administration and supervision of Wakafs in the State.
Be it enacted by the Jammu and Kashmir State Legislature in the Fifty-second Year of the Republic of India as follows :-
CHAPTER I
Preliminary
1. Short title, extent and commencement. - (1) This Act may be called the Jammu and Kashmir Wakafs Act, 2001.
(2) It extends to the whole of the State of Jammu and Kashmir.
(3) It shall come into force from the date of its publication in the Government Gazette.
2. Application of the Act. - (a) Save as otherwise expressly provided, this Act shall apply to all Wakafs whether created before or after the commencement of this Act :
Provided that nothing in this Act shall apply to any Shia Wakafs.
(b) The provisions of this Act shall apply and shall be deemed always to have applied in relation to any evacuee property within the meaning of clause (d) section 2 of the Jammu and Kashmir Evacuees' (Administration of Property) Act, Samvat 2006 which immediately before it became such evacuee property was a Wakaf property within the meaning of the Act, or any other law applicable to Wakaf heretofore and any person in occupation of the same whether under the orders of Custodian or otherwise shall on demand by the Chairman, Tehsil Committee hand over possession of such property to him.
3. Definitions. - In this Act unless the context otherwise requires,-
(a) "Act" means the Jammu and Kashmir Wakafs Act, 2001;
(b) "Appellate Authority" means the Chairperson of the State Wakaf Council established under section 7 of the Act ;
(c) "Beneficiary" means a person or object for whose benefit Wakaf is created and includes religious, pious and charitable object and any other object of the public utility sanctioned by the Muslim law or usage ;
(d) "Council" means the State Wakaf Council established under section 7 of the Act ;
(e) "encroachment" includes anything done, prejudicial to the soundness or safety of the property or reducing value thereof or impairing any easement or hereditament or addition to any material structure or excavation of any basement or cellar without first obtaining the permission from the authority ;
(f) "List of Wakaf" means list of Wakaf published under section 6 of the Act ;
(g) "Manager" means any person appointed by competent authority, to be the manager of the Wakaf under the Act, with the objective of administering, supervising and managing the Wakaf, according to the provisions of the Act and tenets of Islam ;
Explanation. - Any person or body of persons appointed orally or under the instrument or deed by which Wakaf has been created as mutawalli, sajjadanasheen, mujawir mohtimim, or by whatever name called, shall cease to be so with the commencement of the Act, and he/ they shall have no right whatsoever in the administration and management of the Wakafs unless appointed under this Act.
(h) "prescribed" means prescribed by rules made under section 89 of the Act ;
(i) "regulations" means regulations made under section 91 of the Act ;
(j) "State Wakaf Fund" means the fund constituted under sub-section (1) of section 64 ;
(k) "Tehsil Committee" means a Tehsil Committee constituted under section 21 of the Act ;
(l) "Wakaf" means the permanent dedication by a person professing Islam of any property movable or immovable for any purpose recognized by Muslim Law or usage as religious, pious or charitable an includes-
(i) a Wakaf by user such as Masjid, Idgah, Durgah, Khankah, Maqbara, Graveyard, Grave, Rouza, Mausoleum, Takia, Saria, Yatimkhana, Madrasa, School, Islamia College, University and Shafakhana ; and
(ii) a Wakaf-ul-Aulad-
(a) for the maintenance and support, wholly or partially, of his family children or descendants ; or
(b) for the maintenance or the Wakaf or for the payments of his debts out of the rents and profits of the property dedicated :
Provided the ultimate benefit in such cases, is expressly or impliedly reserved for the poor or for any other purpose recognized by the Muslim Law as a religious, pious or charitable purpose of a permanent character ;
(iii) a grant, endowment or dedication of any property movable or immovable, made by the Government or any person or ruler for any of the aforesaid purposes ;
(m) "Wakaf Deed" means any deed for instrument by which a Wakaf has been created and include any valid subsequent deed or instrument by which any of the terms of the original delegation have been varied ;
(n) "Wakaf property/premies" means and includes, any property,-
(i) dedicated for any purpose recognized by Muslim Law or usage, as religions, pious, or charitable ; or
(ii) attached to any Mosque, Idgah, Khankah, Durgah Graveyard, Immambara, Roza, Takia, Saria, Maqbara, Yateemkhana, Madrasa, Islamia School, Islamia College, University, Shafakhana, or any other religious institution ; or
(iii) declared to be Wakaf property under the provisions of this Act, or under any custom or usage, or any other law for the time being in force.
(o) "Unauthorised occupation" in relation to Wakaf property means and includes the occupation by any person of the Wakaf property-
(i) without authority for such occupation and includes the continuance in occupation by any person of the Wakaf property after the authority (whether by way of lease, mortgage or any mode of transfer, or otherwise) under which he was allowed to occupy such property has expired or has determined for any reason whatsoever ; or
(ii) in contravention of provisions of the Act.