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The Law of Wakfs - An Analytical and Critical Study

The Law of Wakfs - An Analytical and Critical Study

  • ₹650.00

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  • Author(s): S.A. Kader
  • Publisher: Eastern Law House
  • Edition: 2 Ed 2008
  • ISBN 13 9788171772049
  • Approx. Pages 580 + contents
  • Format Hardbound
  • Approx. Product Size 24 x 16 cms
  • Delivery Time Normally 7-9 working days
  • Shipping Charge Extra (see Shopping Cart)

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Description
The Law of Wakfs, the classic treatise of the erudite author Justice S.A. Kader, former Judge of the Madras High Court is now in its second edition. The Privy Council has pointed out that a 'wakf constitutes the tying up of the property in the ownership of God the Almighty and the devotion of the profits for the benefit of the human beings'. This is the pitch and substance of the Law of Wakfs.
Suggestion for enrichment
In the instant edition the author has undertaken a thorough revision by incorporating almost all the important decisions of different High Courts and the Supreme Court since its first edition. The author has tried to discuss the intricate problems and their probable solutions with reference to each and every section of the Act. Author has suggested amendments in different sections to make the law more rich and purposeful. The plea made by the author for enlargement of the scope of "wakf-alal-aulad" is worthy of serious consideration by Muslim scholars and thinkers alike. The scope of sections 83, 84 and 85 of the Wakf Act 1995 dealing with the powers of the Wakf Tribunal has come in for a detailed discussion and it has been pointed out how some decisions which have held that the Wakf Tribunal has unlimited plenary jurisdiction to deal with any dispute, question or other matter relating to a wakf and wakf property in the widest connotation of the expression would lead to supersession of the Wakf Board and nullify its powers with suggestions for amendment of sections 83, 84 and 85 of the Act.
Issues discussed - Author's scholarly and userfriendly approach in different sections touching the issues like • Application of the Act
• Evolution of the Wakf Act • Administration of the wakf funds • Budget of Board of Wakfs • Election of Chairperson of Board of Wakfs • Appointment of mutawalli • Rights and duties of the mutawallis • Cessation of user of wakf • Alienation of wakfs property and so on makes the book more useful. The juristic approach to the law of Wakfs by the author, the incorporation of current case laws in appropriate places and suggestions for amendments to the Act shall make the book definitely purposeful to the lawyers, judges, scholars and thinkers on the subject.
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Contents
The Law of Wakfs
The Wakf Act, 1995
Chapter 1 - Preliminary
1.    Short title, extent and commencement
2.    Application of the Act
3.    Definitions
Chapter 2 - Survey of Wakfs
4.    Preliminary survey of wakfs
5.    Publication of list of wakfs
6.    Disputes regarding wakfs
7.    Power of Tribunal to determine disputes regarding wakfs
8.    Recovery of costs of survey
Chapter 3 - Central Wakf Council
9.    Establishment and constitution of Central Wakf Council
10.  Finance of Council
11.  Accounts and audit
12.  Power of Central Government to make rules
Chapter 4. Establishment of Boards and Their Functions
13.  Incorporation
14.  Composition of Board
15.  Term of office
16.  Disqualification for being appointed, or for continuing as, a member of the Board
17.  Meetings of the Board
18.  Committees of the Board
19.  Resignation of Chairperson and members
20.  Removal of Chairperson and member
21.  Filling of a vacancy
22.  Vacancies, etc., not to invalidate proceedings of the Board
23.  Appointment of Chief Executive Officer and his term of office and other conditions
       of service
24.  Officers and other employees of the Board
25.  Duties and powers of Chief Executive Officer
26.  Powers of Chief Executive Officer in respect of orders or resolutions of Board
27.  Delegation of powers by the Board
28.  Chief Executive Officer to exercise powers through Collectors, etc.
29.  Powers of Chief Executive Officer to inspect records, registers, etc.
30.  Inspection of records
31.  Prevention of disqualification for membership of Parliament
32.  Powers and functions of the Board
33.  Powers of .inspection by Chief Executive Officer or persons authorised by him
34.  Recovery of the amount determined under section 33
35.  Conditional attachment by Tribunal
Chapter 5 - Registration of Wakfs
36.  Registration
37.  Register of wakfs
38.  Powers of Board to appoint Executive Officer
39.  Powers of Board in relation to wakfs which have ceased to exist
40.  Decision if a property is wakf property
41.  Power to cause registration of wakf and to amend register
42.  Change in the management of wakfs to be notified
43.  Wakfs registered before the commencement of this Act deemed to be registered
Chapter 6 - Maintenance of Accounts of Wakfs
44.  Budget
45.  Preparation of budget of wakfs under direct management of the board
46.  Submission of accounts of wakfs
47.  Audit of accounts of wakfs
48.  Board to pass orders on auditor's report
49.  Sums certified to be due recoverable as arrears of land revenue
50.  Duties of mutawalli
51.  Alienation of wakf property without sanction of Board to be void
52.  Recovery of wakf property transferred in contravention of section 51
53.  Restriction on purchase of property on behalf of wakf
54.  Removal of encroachment from wakf property
55.  Enforcement of orders made under section 54
56.  Restriction on power to grant lease of wakf property
57.  Mutawalli entitled to pay certain costs from income of wakf property
58.  Power of Board to pay dues in case of default by mutawalli
59.  Creation of reserve fund
60.  Extension of time
61.  Penalties
62.  Mutawalli not to spend any money belonging to wakf for self-defence
63.  Power to appoint mutawallis in certain cases
64.  Removal of mutawalli
65.  Assumption of direct management of certain wakfs by the Board
66.  Powers of appointment and removal of mutawalli when to be exercised by the
       State Government
67.  Supervision and supersession of committee of management
68.  Duty of mutawalli or committee to deliver possession of records, etc.
69.  Power of Board to frame scheme for administration of wakf
70.  Inquiry relating to administration of wakf
71.  Manner of holding inquiry
Chapter 7 - Finance of the Board
72.  Annual contribution payable to Board
73.  Power of Chief Executive Officer to direct banks or other person to make payments
74.  Deduction of contribution from perpetual annuity payable to the wakf
75.  Power of Board to borrow
76.  Mutawalli not to lend or borrow moneys without sanction
77.  Wakf Fund
78.  Budget of Board
79.  Accounts of Board
80.  Audit of accounts of Board
81.  State Government to pass orders on auditor's report
82.  Dues of Board to be recovered as arrears of land revenue
Chapter 8 - Judicial Proceedings
83.  Constitution of Tribunals, etc.
84.  Tribunal to hold proceedings expeditiously and to furnish to the parties copies
       of its decision
85.  Bar of jurisdiction of civil courts
86.  Appointment of a receiver in certain cases
87.  Bar to the enforcement of right on behalf of unregistered wakfs
88.  Bar to challenge the validity of any notification, etc.
89.  Notice of suits by parties against Board
90.  Notice of suits, etc., by courts
91.  Proceedings under Act 1 of 1894
92.  Board to be party to suit or proceeding
93.  Bar to compromise of suits by or against mutawallis
94.  Power to make application to the tribunal in case of failure of mutawalli to
       discharge his duties
95.  Power of appellate authority to entertain appeal after expiry of specified period
Chapter 9 - Miscellaneous
96.  Power of Central Government to regulate secular activities of wakfs
97.  Directions by State Government
98.  Annual report by State Government
100.Protection of action taken in good faith
101.Survey Commissioner, Members and Officers of the Board deemed to be
        public servants
102.Special provision for reorganisation of certain Boards
103.Special provision for establishment of Board for part of a State
104.Application of Act to properties given or donated by persons not professing Islam
       for support of certain wakf
105.Power of Board and Chief Executive Officer to require copies of documents, etc.
       to be furnished
106.Powers of Central Government to constitute common Boards
107.Act 36 of 1963 not to apply for recovery of wakf properties
108.Special provision as to evacuee wakf properties
109.Power to make rules
110.Powers to make regulations by the Board
111.Laying of rules and regulations before State Legislature
112.Repeal and savings
113.Power to remove difficulties
Appendices
1.    The Mussalman Wakf Validating Act, 1913
2.    The Mussalman Wakf Validating Act, 1930
3.    The Mussalman Wakf Act, 1923
4.    The Public Wakfs (Extension) of Limitation Act, 1959
5.    The Delhi Wakf Rules, 1997
6.    Karnataka Wakf Rules, 1997
7.    The Kerala Wakf Rules, 1996
8.    The Madhya Pradesh Wakf Board (Election of Members) Rules, 1995
9.    Tamil Nadu Wakf Board (Conduct of Election for Members) Rules, 1997
10.  The Uttar Pradesh Shia Central Wakf Board and Uttar Pradesh Sunni Central
       Wakf Board Conduct of Election Rules, 1997
11.  The West Bengal Board of Wakfs (Election of Members) Rules, 1996
12.  The West Bengal Board of Wakfs (Election of Chairperson) Rules, 1996
Index
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Author Details
S.A. Kader
, Former Judge, High Court of Madras
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