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Union of India - Section
Section 17 in The Mussalman Wakf Act, 1923
17.
/773Statement of Objects and Reasons.-The object of the press-Tit Bill is sufficiently indicated by the Preamble to the Bill. For several years past, there has been a growing feeling amongst the Mahomedan community, throughout the country that the numerous endowments which have been made or are being made daily by pious and public-spirited Mahomedans are being wasted or systematically misappropriated by those into whose hands the trusts may have come in the course of time. Instances of such misuse of trust property are unfortunately so very common that a wakf endowment has now come to be regarded by the public as only a clever device to tie up property in order to defeat creditors and generally to evade the law under the cloak of a plausible dedication to the Almighty. In some cases the mutawallis are persons who are utterly unfit to carry on the administration of wakf and who, by their moral delinquencies bring discredit not merely on the endowment but on the community itself. It is believed that the feeling is unanimous that some step should be taken in order that incompetent and unscrupulous mutawallis may be checked in their career of waste and mismanagement, and that the endowments themselves maybe appropriated to the purposes for which they had been originally dedicated.In some cases difficulties have arisen in finding out whether any particular properties are really subject to wakf or not. There are numerous wakf properties all over the country unknown to the public which the mutawallis are treating as their own private property and dealing with in any way they think fit or necessary. It, therefore, seems that there should be a system of compulsory registration requiring a mutawalli to notify to some responsible officer not merely about the fact of the wakf, of which he is the mutawalli, but also the nature and extent and other incidents of the endowment. Further, even where a wakf is well-known and mutawalli is obviously thoroughly incompetent to carry on his duties, the public find a difficulty in instituting suits to remove him from his post by reason of the cumbrous procedure laid down in the Code of Civil Procedure. It is with a view to facilitate the institution of such suits that a provision has been made in the Bill. Lastly, there appears to be a general consensus of opinion amongst the Mahomedans throughout the country that there should be some responsible officer, who may go about and find for himself whether the various wakf properties scattered throughout the country are being properly managed or not. It is not intended that Government should be called upon to bear the burden of appointing such an officer or his staff, and a provision has, therefore, been made in the Bill authorising the Central Committee (to be appointed in pursuance of the provisions of the Bill) to levy a rateable contribution from the mutawallis for the purpose of meeting the cost on entertaining such an officer and his staff.[5th August, 1923]An Act to make provision for the better management of wakf property and for ensuring the keeping and publication of proper accounts in respect of such properties.Whereas it is expedient to make provision for the better management of wakf property and for ensuring the keeping and publication of proper accounts in respect of such properties; It is hereby enacted as follows:-| This Act does not apply to any wakf to which the Wakf Act 29 of 1954 applies. See Section 69 of the latter Act. [This has been repealed by the Wakf Act, 1995 (43 of 1995).]This Act has been repealed in its application to Bengal by the Bengal Wakf Act, 1934.It has been repealed in part in the United Provinces by the U.P. Muslim Wakf Act, 1936.This Act does not apply to wakfs to which the Bihar Wakf Act 8 of 1948 applies.This Act has been extended to the new Provinces and merged States by the Merged States (Laws) Act 59 of 1949 and to the States of Manipur, Tripura and Vindhya Pradesh by the Union Territories (Laws) Act 30 of 1950. Manipur and Tripura are full-fledged States now, see Act 81 of 1971. Vindhya Pradesh is a part of the State of Madhya Pradesh now, see Act2. Sections 2 to 5 and 7 to 13 were brought into force in the Punjab with effect from the 14th May, 1924, see Punjab Gazette, 1924, Part I, p. 418.Sections 2 to 13 were brought into force in the Presidency of Bombay from the 1st June, 1925, see Bombay Government Gazette, 1925, Part I, p. 1414.All provisions of the Act were brought into force in Bihar and Orissa from the 3rd September, 1925, see Bihar and Orissa Gazette, 1925, Part II, p. 1192.Sections 2 to 13 were brought into force in the Presidency of Bengal with certain modifications from the 1st June, 1927, see Calcutta Gazette, Part I, p. 1008.Sections 2 to 13 were brought into force in Ajmer-Merwara from the 1st February, 1928, see Gazette of India, 1928, Part II-A, p. 20.Sections 2 to 13 came into force in the Madras Presidency on 1st July, 1931. |