Jammu and Kashmir Muslim Specified Wakafs and Specified Wakaf Properties (Management and Regulation) Act, 2004

No: 8 Dated: Jan, 16 2004

THE JAMMU AND KASHMIR MUSLIM SPECIFIED WAKAFS AND SPECIFIED WAKAF PROPERTIES (MANAGEMENT AND REGULATION) ACT, 2004

 (Act No. VIII of 2004)

    An Act to provide for the proper control, efficient management and regulation of the Specified Wakafs, and the proper protection, preservation and use of the Specified Wakafs Properties, and for matters connected therewith or incidental thereto.

Be it enacted by the Jammu and Kashmir State Legislature in the Fiftyfourth Year of the Republic of India as follows :––

1. Short title and commencement. ––(1) This Act may be called the Jammu and Kashmir Muslim Specified Wakafs and Specified Wakaf Properties (Management and Regulation) Act, 2004.

(2) It shall be deemed to have come into force with effect from 8th September, 2003.

2. Definitions.–– In this Act, unless the context otherwise requires,––

(a) “Act” means the Jammu and Kashmir Muslim Specified Wakafs and Specified Wakaf Properties (Management and Regulation) Act, 2004 ;

(b) “Board” means the Board of Directors established under section 5 ;

(c) “Bye-laws” means the bye-laws made under section 26 ;

(d) “Chairman” means the Chairman of the Board provided under subsection (2) of section 6;

(e) “Chief Executive” means the Chief Executive appointed under section 18 ;

(f) “Endowment fund” includes,––

(i) income and revenue received on account of any Wakaf or property covered under section 3 ; and

(ii) all such Nazars, donations, offerings as are received on behalf of, or for the benefit of, any Specified Wakaf and Sadqa, Zakat and Ushur received by the Chief Executive or any person authorized by him ;

(g) “Government” means the Government of Jammu and Kashmir State ;

(h) “Member” means member of the Board and includes its Chairman and Vice-Chairman ;

(i) “prescribed” means prescribed under the bye-laws ;

(j) “Schedule” means the Schedule appended to the Act ;

(k) “Section” means the section of the Act ;

(l) “Specified Wakafs” means the Wakafs specified in Schedule ‘A’ and such other Wakafs as may be included therein, from time to time, by the Government by notification in the Government Gazette ;

(m) “Specified Wakaf Properties” means the properties specified in Schedule ‘B’ and includes,––

(i) the properties (both moveable and immoveable), funds and other assets administered managed or in possession of any Specified Wakaf or in respect of which any Specified Wakaf claims any title, right or interest ;

(ii) all Nazars, offerings, donations, Sadqa, Zakat and Ushur in any shape, kind or form made by any person and is received or is receivable by any Wakaf at present and which, under this Act, would be receivable by any authorized functionary of the Board ; and

 (iii) any other Wakaf property, whether moveable or immoveable, to which the provisions of the Act are applied by the Government, from time to time, by notification in the Government Gazette ;

(n) “State” means the Jammu and Kashmir State ;

(nn)“Unauthorized occupation” in relation to Wakafs and Properties covered under section 3 means and includes the occupation by any person of such Wakaf or Property :––

(i) without authority for such occupation and includes the continuance in occupation by any person of such Wakaf or Property after the authority whether by way of lease, mortgage or any mode of transfer, or otherwise under which he was allowed to occupy has expired or has determined for any reason whatsoever ; or

(ii) in contravention of provisions of the Act or any other law in force in the State ;

(o) “Vice-Chairman” means the Vice-Chairman elected under section 9 ;

(p) “Wakaf” shall have meaning as is assigned to it in Islamic Law generally and under clause (1) of section 3 of the Jammu and Kashmir Wakaf Act, 2001 specifically.