Wakf validating act 1913
These were then included in the list of acts in the Repealing and Amending (Third) Bill, which was approved by the cabinet last month.Wakf is an institution of Muslim law by which property is dedicated in perpetuity for religious or charitable purposes.This Act would not affect any local usage or custom prevalent in any particular Muslim Community. [25th July, 1930] An Act to give retrospective effect to the Mussalman Wakf Validating Act, 1913.Our statute book is full of obsolete laws, some dating back to the 19th and early 20th centuries.Having outlived their utility, these laws need to be repealed, for which recommendations have been made from time to time by various government-appointed bodies. In its report of 1998, the commission had recommended the repeal of over 1,300 Central acts, which it had classified into various categories, including “amending acts” and “validating acts” — those that had amended a pre-existing law or had restored the legal validity of a law or custom derecognised by a court ruling.
Section 4 provides that if any wakf is created for poor or for any other religious or charitable purposes after the extinction of family, children and descendants, in that case, the remoteness of the wakf will not be considered invalid and will continue to be in existence.Whereas the Mussalman Wakf Validating Act, 1913, does not apply to wakfs created before its enactment; And whereas it is expedient to validate such wakfs without infringing any rights contrary thereto which may have already accrued or been acquired; It is hereby enacted as follows: This Act has been declared to be in force in the Sonthal Parganas by notification under Section 3(3)(a) of the Sonthal Parganas Settlement Regulation 3 of 1872.The Act has been extended to the new Provinces and Merged States, by the Merged States (Laws) Act 59 of 1949, 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.Apart from public wakfs like mosques and dargahs, there is a category of wakf alal aulad (wakf for descendants), whereby property is dedicated to one’s descendants and, ultimately, for charitable objects after the extinction of the family.In 1891, the Calcutta High Court held that such a wakf could not be given legal effect since a “dedication must not depend upon an uncertain contingency, such as the possible extinction of the family”.