THE MUSLIM WOMEN muslim law act no 25 of 1986

THE MUSLIM WOMEN (PROTECTION OF RIGHTS ONDIVORCE) ACT, 1986

(Act No. 25 of 1986)  

19th May 1986) Muslim law

             An Act to protect the rights of Muslim women who have been divorced by, or have

obtained divorce from, their husband and to provide for matters connected therewith or

incidental thereto,

la Be it enacted by Parliament in the Thirty-seventh year of Republic of India as

follows

THE MUSLIM WOMEN muslim law act no 25 of 1986

1. Short title and extent. -(1) This Act may be called the Muslim Women

(Protection of Rights on Divorce) Act, 1986.

(2) It extends to the whole of India except the State of Jammu and Kashmir.

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

(a) "divorced woman" means a Muslim woman who was married according to

Muslim Law, and has been divorced by, or has obtained divorce from, her

husband in accordance with Muslim Law

(b) "iddat period" means in the case of a divorced woman

() three menstrual courses after the date of divorce, if she is subject to

menstruation

(ii) three lunar months after her divorce, if she is not subject to

menstruation: and

(ii) if she is enceinte at the time of her divorce, the period between the

divorce and the delivery of her child or the termination of her pregnancy,

whichever is earlier

(c) "Magistrate means a Magistrate of the First Class exercising jurisdiction

under the Code of Criminal Procedure, 1973 (2 of 1974) in the area where the

divorced woman resides

(prescribed" means prescribed by the rules made under this Act.

THE MUSLIM WOMEN muslim law act no 25 of 1986

3. Mahr or other properties of Muslim woman to be given to her at

the time of divorce. ()Notwithstanding anything contained in any other law for

the time being in force, a divorced woman shall be entitled to

a reasonable and fair provision and maintenance to be made and paid to her

(o) within the iddat period by her former husband;

(b) where she herself maintains the children born to her before or after her divorce,

former husband for a period of two years from the respective dates of birth of

such children:

THE MUSLIM WOMEN muslim law act no 25 of 1986

(d) time of her marriage or at any time thereafter according to Muslim Law; and

husband or his friends.

THE MUSLIM WOMEN (PROTECTION OF RIGHTS ON DIVORCE ACT.1986 s.

(2) Where a reasonable and fair provision and maintenance or the amount of make or

dower due has not been made or paid or the properties referred to in clause (d) of such

section () has not been delivered to a divorced woman on her divorce, she or anyone

duly authorised by her may, on her behalf, make an application to a Magistrate for an

order for payment of such provision and maintenance, mahr or dower or the delivery of

properties, as the case may be.

(3) Where an application has been made under sub-section (2) by divorced woman, the

Magistrate may, if he is satisfied that-

(a) her husband having sufficient means, has failed or neglected to make or pay

her within the iddat period a reasonable and fair provision and maintenance for

her and the children: or

(b) the amount equal to the sum of mahr or dower has not been paid or that the

properties referred to in clause (d) of sub-section (1) have not been delivered to

her

THE MUSLIM WOMEN muslim law act no 25 of 1986

make an order, within one month of the date of the filing of the application, directing her

former husband to pay such reasonable and fair provision and maintenance to the divorced

woman as he may determine as fit and proper having regard to the needs of the divorced

woman, the standard of life enjoyed by her during her marriage and the means of her

former husband or, as the case may be, for the payment of such mahr or dower or the

delivery of such properties referred to in clause (d) of sub-section (1) to the divorced

Woman:

Provided that if the Magistrate finds it impracticable to dispose of the application

within the said period, he may, for reasons to be recorded by him, dispose of the

application after the said period.

(4) If any person against whom an order has been made under sub-section (3) fails

without sufficient cause to comply with the order, the Magistrate may issue a warrant for

levying the amount of maintenance or mahr or dower due in the manner provided for

levying fines under the Code of Criminal Procedure, 1973 (2 of 1974) and may sentence

such person, for the whole or part of any amount remaining unpaid after the execution of

the warrant, to imprisonment for a term which may extend to one year or until payment, if

sooner made, subject to such person being heard in defence and the said sentence being

imposed according to the provisions of the said Code.

THE MUSLIM WOMEN muslim law act no 25 of 1986

4.Order for payment of maintenance.--() 

          Notwithstanding anything

contained in the foregoing provisions of this Act o in any other law for the time being in

force, where a Magistrate is satisfied that a divorced woman has not re-married and is not

able to maintain herself after the iddat period, he may make an order directing such of her

relatives as would be entitled to inherit her property on her death according to Muslim law

to pay such reasonable and fair maintenance to her as he may determine fit and proper,

having regard to the needs of the divorced woman, the standard of life enjoyed by her

during her marriage and the means of such relatives and such maintenance shall be payable

by such relatives in the proportions in which they would inherit her property and at such

periods as he may specify in his order

Provided that where such divorced woman has children, the Magistrate shall order

only such children to pay maintenance to her, and in the event of any such children being

unable to pay such maintenance, the Magistrate shall order the parents of such divorced

woman to pay maintenance to her

Provided further that if any of the parents is unable to pay his or her share of the

maintenance ordered by the Magistrate on the ground of his or her not having the means

to pay the same, the Magistrate may, on proof of such inability being furnished to him.

THE MUSLIM WOMEN muslim law act no 25 of 1986

THE MUSLIM WOMEN PROTECTION.DIVORCE ACT, 19861s

order that the share of such relatives in the main

he her relatives, as may appear to the Magistrate's toe, ordered ve the means of paying by the uhu

in such proportions as the Magistrate may think fit to order Same

2 Where a divorced woman is unable to maintain herself and she has no relatives

mentioned in sub-section () or such relatives or any one of them have not en

to pay the main enough meang«

ance ordered by the Magistrate or the other relatives have not the mean

to pay the shares of those relatives whose shares have been ordered by the Magistrate to be

paid by such other relative under the second proviso to sub-section (1), the Magistrate

1954 (29 of 1954), ct under any other law for the time being in force in State

determined by him under sub-section (1) woman resides, to pay such maintenance

the case may be. to pay the shares of Such

of the relatives who are unable to pay, at such periods as he may specify in his order.

of Act 2 of 1974-1f on the date of the first provisions hearing of-of the Sections application 125 under to sub. 128

section (2) of Section 3, a divorced woman and her former husband declare, by affidavit or

ar

of the Cue of Criminal, P prefers centre. to 1973 be governed 1974) by the and provisions affidavit of Sections declaration

in the Court hearing the application., the Magistrate shall dispose of such application

accordingly.

Explanation- the purposes of this section, "date of the first hearing of the

application" ed in the summons for the attendance of the respondent lo

the application.

6. Power to make rules. -(1)

The Central Government may, by notification in

the Official Gaz te, make rules for carrying out the purposes of this Act

provide for, of the affidavit or other declaration in writing to be filed under

Section 5

b) the pro o be followed by the Magistrate in disposing of applications

under this Act including the serving of notices to the parties to such

e application, lates of hearing of such application and other matters "

(c) any other matter which is required to be or may be prescribed.

(3) Every rule made under this Act shall be laid as soon as may be after it is made, 4

before each House of Parliament, while it is in session, for a total period of thirty days

before the expiry of the session immediately following the session or the successive

sessions aforesaid, both Houses agree in making any modifications in the rule or both

Houses agree that the rule should not be made, the rule shall thereafter have effect only in ni

such modified form or be of no effect, as the case may be;s so, however, that any such

modification or annulment shall be without prejudice to the validity of anything

previously done under that rule.

7. Transitional provisions.- application by a divorced woman under 13

Section 125 or under Section 12n of the Code of Criminal Procedure. 1973 (2 of 1974

contained in that Code and subject to the provisions of Section 5of this Act, be disposed bo

of by such Magistrate in accordance with the provisions of this Act.,

THE MUSLIM WOMEN muslim law act no 25 of 1986

 THE MUSLIM PERSONAL LAW (SHARIAT)

APPLICATION ACT, 1937

(Act . 26 of 1937)

               An Act to make provision for the application of the Musli [7th October, 1

Muslims Personal Law (Shariat) to

Law (Shariat) to Muslim. It is hereby enacted as follows

1. Short title and e; 2s Muslim Personal

Law (Shariat) Application Act, 1937.

-(1) This Act may be called the Muslim Personal

(2) It extends to the whole of India except the State of Jammu and Kashmir.

. Application of Personal Law to Muslim--Notwithstanding any

customs or usage to the contrary, in all questions (save questions relating to agriculture

land) regarding intestate succession, special property of females, including personal

any

property inherited or obtained under contract or gift or any other provision of Personal

Law, marriage, dissolution of marriage, including talaq, ila, zihar, lian, khula and

mubarat, maintenance, dower, guardianship, gifts, trusts and trust properties, ane

(other than charities and charitable institutions and charitable and religious endowments)

the rule of decision in cases where the parties are Muslims shall be the Muslim Personal

Law (Shariat).

3. Power to make a declaration.- Any person who satisfies the prescribed

authority-

(a) that he is a Muslim, and

(b) that he is competent to contract within the meaning of Section 11 of the Indian

Contract Act, 1872/9 of 1872), and

(c) that he is a resident of the territories to which this Act extends,

may by declaration in the prescribed form and filed before the prescribed authority declare

that he desires to obtain the benefit of provisions of this section, and thereafter the

provisions of Section 2 shall apply to the declarant and all his minor children and their

descendants as if in addition to the matters enumerated therein adoption, wills and legacies

were also specified.

(2) Where the prescribed authority refuses to accept a declaration under sub-section

(1), the person desiring to make the same may appeal to such officer as the State

Government may, by general or special order, appoint in this behalf, and such officer

may, if he is satisfied that the appellant is entitled to make the declaration, order the

4. Rulemaking power. -(1) The State Government may make rules to carry

prescribed authority to accept the same.

(2) In particular and without prejudice to the generality of the foregoing powers, such

into effect the purposes of this Act.

rules may provide for all or any of the following matters, namely

(a) for prescribing the authority before whom and the form in which declaration under

his Act shall be made;

THE MUSLIM WOMEN muslim law act no 25 of 1986

THE MUSLIM PERSONAL LAW (SHARIAT) APPLICATION ACT, 1937 [Ss. 5-

(b) for prescribing the fees to be paid for the filing of declarations and for the

attendance at private residences of any person in the discharge of his duties under this Act;

and for prescribing the times at which such fees shall be payable and the manner in which

they shall be levied.

(3) Rules made under the provisions of this section shall be published in the Official

Gazette and shall thereupon have effect as if enacted in this Act.

1(4) Every rule made by the State Government under this Act shall be laid, as soon as

it is made, before the State Legislature.]

, 5. Dissolution of marriage by Court in certain circumstances.-[Rep.

by the Dissolution of Muslim Marriage Act, 1939 (8 of 1939) Sec. 6.]

6. Repeals-The undermentioned provisions of the Acts and Regulations

mentioned below shall be repealed in so far as they are inconsistent with the provisions of

this Act, namely-

(1) Section 26 of the Bombay Regulation IV of 1827;

(2) Section 16 of the Madras Civil Courts Act, 1873 (3 of 1873):

2(3) [ *

(4) Section 3 of the Oudh Laws Act, 1876 (18 of 1876);

(5) Section 5 of the Punjab Laws Act, 1872 (5 of 1872);

(6) Section 5 of the Central Provinces Laws Act, 1875 (20 of 1875); and

(7) Section 4 of the Ajmere Laws Act, 1877 (3 of 1877).

THE DISSOLUTION OF MUSLIM RRIAGESs

ACT. 1939

(Act No. 8 of 1939)

17th March, 1939)

            An Act to consolidate and clarify the provisions of Muslim Law relating to suits for

the dissolution effect of-of the marriage renunciation by women of Islam married by an under married Muslim Muslim Law woman and to on remove her marriage doubts as a tie. to

Whereas it is expedient to consolidate:c and clarify the provisions of Muslim Law

relating to suits for dissolution of marriage by women married under Muslim Law and to

remove doubts as to the effect of the renunciation of Islam by a married Muslim woman

on her marriage tie; it is hereby enacted as followS:-

      1. Short title and extent, t-() This Act may be called the Dissolution of

Muslim Marriages Act, 1939.

(2) It extends to the whole of India except the State of Jammu and Kashmir.

2. Grounds for decree for dissolution of marriage.- woman married

under Muslim Law shall be entitled to obtain a decree for the dissolution of her marriage

on any one or more of the following grounds, namely-

() the whereabouts of the husband have not been known for a period of four

years;

(ii) that the husband has neglected or has failed to provide for her maintenance for a

period of two years;

111 ) that the husband has been sentenced to imprisonment for a period of seven

years or upwards;

(iv) that the husband has failed to perform, without reasonable cause, his marital

obligations for a period of three years;

(v) that the husband was impotent at the time of the marriage and continues to be

SO

(vi) that the husband has been insane for a period of two years or is suffering from m

leprosy or a virulent venereal disease;

) that she, having been given in marriage by her father or other guardian before

she attained the age of fifteen years, repudiated the marriage before attaining the s

age of eighteen years:

Provided that the marriage has not been consummated

(viii) that the husband treats her with cruelty, that is to say-

(a) habitually assaults her or makes her life miserable by cruelty of conduct bu

even if such conduct does not amount to physical ill-treatment, or

(b) assoc.ates with women of evil repute or leads an infamous life, or

attempts to force her to lead a an immoral life, or

THE MUSLIM WOMEN muslim law act no 25 of 1986

THE DISSOLUTION OF MUSLIM MARRIAGE ACT, 1939 ISs. 3-6

(d) disposes of her property or prevents her exercising her legal rights over it, or

 obstructs her in the observance of her religious profession or practice, or

(e) if he has more wives than one, does not treat her equitably in accordance

with the injunctions of the urban:

(ix) on any other ground which is recognised as valid for the dissolution of

marriages under Muslim Law:

Provided that

(a) no decree shall be passed on ground (ii) until the sentence has become final;

(b) a decree passed on the ground (i) shall not take effect for a period of six months from

the date of such decree, and if the husband appears either in person or through an

authorised agent within that period and satisfies the Court that he is prepared to perform

his conjugal duties, the Court shall set aside the said decree; and

(c) before passing a decree on ground (v) the Court shall, on application by the

husband, make an order requiring the husband to s.tisfy the Court within a period of one

year from the date of such order that he has ceased to be impotent, and if the husband so

satisfies the Court within such period, no decree shall be passed on the said ground.

Notice to be served on heirs of the husband when the husband's

whereabouts are not known.- -In a suit to which clause () of Section 2 applies--

(a) the names and addresses of the persons who would have been the heirs of the

husband under Muslim Law if he had died on the date of the filing of the plaint shall be

stated in the plaint,

(b) notice of the suit shall be served on such persons, and

(c) such persons shall have the right to be heard in the suit:

Provided that paternal uncle and brother of the husband, if any, shall be cited as party

even if he or they are not heirs.

4. Effect of conversion to another faith.- renunciation of Islam by a

married Muslim woman or her conversion to a faith other than Islam shall not by itself

operate to dissolve her marriage:

Provided that after such renunciation, or conversion, the workman shall be entitled to

obtain a decree for the dissolution of her marriage on any of the grounds mentioned in

Section 2:

Provided further that the provisions of this section shall not apply to a woman

converted to Islam from some other faith who re-embraces her former faith.

5. Rıghts to dower not to be affected.- contained in this Act shall

affect any right which a married woman may have under Muslim Law to her dower or any

part thereof on the dissolution of her marriage.

6. Repeal of Section 5 of Act 26 of 1937- -IRep. by the Repealing and

Amending Act, 1942 (25 of 1942), Sec. 2 and Sch. I.J

THE MUSLIM WOMEN muslim law act no 25 of 1986

THE KAZIS ACT, 1880

(Act No. 12 of 1880)

9th July, 18801

        An Adc for the appointment of person o the Office of Kaz

          Whereas by the preamble to Act No. XI of 1864 (An act to repeal the law relating to

the office's edict of Hindu olisi and Muhammadan he for of) Law officers t vas and to the other offices of Kazi-ul-Kuzaat

was inexpedient that the appointment of Kazi-ul-Kuzaat, or of City, Town or Pargana

Kazi's should be made by the Government, and by the same Act the enactments relating to

the appointment by the Government of the said officers were repealed; and whereas by the

usage of the Muhammadan community in some parts of India the presence of Kazi's

appointed by the Government is required at the celebration of marriages and the

performance of certain other rites and ceremonies, and it is therefore, expedient that the

Government should again be empowered to appoint persons to the office of Kazi; It is

hereby enacted as follows

1. Short title.

    Act may be called the Kazi's Act, 1880.

Local extent. -It extends, in the first instance, only to the territories administered

by the Governor of Fort Saint George in Council. But the Government of any other State

may, from time to time, by notification in the Official Gazette, extend it to the whole or

any part of the territories under its administration.

2. Power to appoint Kazi's for any local area.- -Wherever it appears to the

State Government that any considerable number of the Muhammadans resident in any

local area desire that one or more Kazi's should be appointed for such local area, the State

Government may, if it thinks fit, after consulting the principal Muhammadan residents of

such local area, select one or more fit persons and appoint him or them to be Kazi's for

such local area.

    If any question arises whether any person has been rightly appointed Kazi under this

section, the decision thereof by the State Government shall be conclusive.

The State Government may, if it thinks fit, suspend or remove any Kazi's appointed

under this section who is guilty of any misconduct in the execution of his office, or who

is for a continuous period of six months absent from the local area for which he is

appointed, or leaves such local area for the purpose of residing elsewhere, or is declared an

insolvent, or desires to be discharged from the office, or who refuses or becomes in the

opinion of the State Government unfit, or personally incapable, to discharge the duties of

the office.

3. Nail Kazi'se

-Any Kazi appointed under this Act may appoint one or more n

persons as his naib or nails to act in his place in all or any of the matters appertaining to

his office throughout the whole or in any portion of the local area for which he is

appointed, and may suspend or remove any naib so appoi ointed.

THE KAZIS ACT, 1880 [S. 4

When any Kazi is suspended or removed under Section 2, his naib or naibs (if any)

shall be deemed to be suspended or removed, as the case may be.

4. Nothing in Act to confer judicial or administrative powers;o to

render the presence of Kazi's necessary, or to prevent anyone acting as

Kazi's.- 

.-Nothing herein contained, and no appointment made hereunder, shall be

(a) to confer any judicial or administrative powers on any Kazi or Naib Kazi

appointed hereunder; or

(b) to render the presence of a Kazi or Naib Kazi necessary at the celebration of any

marriage or the performance of any rite or ceremony;

(c) to prevent any person discharging any of the functions of a Kazi.

THE MUSLIM WOMEN muslim law act no 25 of 1986

THE CUTCHI MEMONS ACT, 1938

(Act No. 10 of 1938)1

[8th April 1938)

   An Act to provide that all Cutchi Memons shall be governed in matters of succession and

inheritance by the Muhammadan Law.

Whereas it is expedient that all Cutchi Memons be governed in matters of succession

and inheritance by the Muhammadan Law; it is hereby enacted as follows

1. Short title and commencement. -(1) this Act may be called the Cutchi

Memons Act, 1938

(2) It shall come into fo.ce on the 1st day of November 1938.

Cutchi Memons to be governed I certain matters by

Muhammad dan Law.

       Subject to the provisions of cf Section 3, all Cutchi Memons

shall, in matters of succession and inheritance, be governed by the Muhammadan Law.

3. Savings.-Nothing in this Act shall affect any right or liability acquired or

incurred before its commencement or any legal proceeding or remedy in respect of any

such right or liability, and any such legal proceeding or remedy may be continued or

enforced as if this Act had not been passed.

4. Repeal.-[Rep. by the Repealing and Amending Act, 1942 (25 of 1942) Sec. 2

and Sch. I.J

THE MUSSALMAN WAKF VALIDATING ACT, 1913

(Act No. 6 of 1913)

7th March 1913)

           An Act to declare the rights of Mussalmans to make settlements of property by way of

"wakf" in favour of their families; children and descendants.

Whereas doubts have arisen regarding the validity of wakfs created by persons

professing the Mussalman faith in favour of themselves, their families, children and

descendants and ultimately for the benefit of the poor or for other religious, pious or

charitable purposes; and whereas it is expedient to remove such doubts; it is hereby

enacted as follows

1. Short title and extent. t.-(1) This Act may be called the Mussalman Wakf

Validating Act, 1913.

(2) It extends to the whole of India except the territories which, immediately before

the 1st November, 1956 were comprised in Part B States.

2, Definitions. -In this Act, unless there is anything repugnant in the subject or

Context,-

(1)Wakf' means the permanent dedication by a person professing the Mussalman

faith of any property for any purpose recognized by the Mussalman law as religious,

pious or charitable.

(2) "Hanafi Mussalman" 

     means a follower of the Mussalman faith who conforms to

the tenets and doctrines of the Hanafi school of Mussalman law.

3. Power of Mussalmans to create certain wakfs. _It shall be lawful for

any person professing the Mussalman faith to create a wakf which in all other respects is

in accordance with the provisions of Mussalman law, for the following among other

purposes-

, (a) for the maintenance and support wholly or partially of his family, children or

descendants, and

(b) where the person creating a wakf is a Hanafi Mussalman, also for his own

maintenance and support during his lifetime or for the payment of his debts out of the

rents and profits of the property dedicated :

Provided that the ultimate benefit is in such cases expressly or impliedly reserved for

the poor or for any other purpose recognised by the Mussalman law as a religious, pious

or charitable purpose of a permanent character.

4. Wakfs not to be invalid by reason of remoteness of benefit to

poor, etc-No such wakf shall be deemed to be invalid merely because of the benefit

reserved therein for the poor or other religious, pious or charitable purpose of a permanent

nature is postponed until after the extinction of the family, children or descendants of the

person creating the wakf.

5. Saving of local and sectarian .-Nothing in this Act shall affect

any custom or usage whether local or prevalent among Mussalmans of any particular class

or sect.

THE MUSLIM WOMEN muslim law act no 25 of 1986

AN WAKF ACT, 1923

(Act No. 42 of 1923)

Sth 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-

                                             Preliminary

1. Short title, extent and commencement. (1) This Act may be called the

Mussalman Wakf Act, 1923:

(2) It extends to the whole of India except the territories which immediately before the

Ist November 1956, were comprised in the Part B States.

(3) This section shall come into force at once; and

(4) The State Government may, by notification in the Official Gazette, direct that the

remaining provisions of this Act, or any of them which it may specify, shall come into

force in the State, or any specified part thereof, on such date as it may appoint in this

behalf.

2. Definitions. s.-In this Act, unless there is anything repugnant in the subject or

context.-

(a) "benefit" does not include any benefit which a mutwali is entitled to claim solely

by reason of his being such mutwalli;

(b) "Court" means the Court of the District Judge or, within the limits of the

ordinary original civil jurisdiction of a High Court, such Court, subordinate to the High

Court, as the State Government may, by notification in the Official Gazette, designate in

(c) "mutwalli" means any person appointed either verbally or under any debate

this behalf:

or instrument by which a wakf has been created or by a Court of competent jurisdiction

to be the mutwalli of a waqf and includes a naib mutwalli or other person appointed

by a mutwalli to perform the duties of the mıitwalli, and, save as otherwise

provided in this Act, any person who is for the time being administering any wakf

property:

(d) "prescribed" means prescribed by rules made under this Act, and 

(e)wakf' eg men's the permanent dedication t a person professing to Mussalman

faith of any property for any purpose recognise i by the Mussalman law as religious,

pious or charitable, but does not include any wakf, such as is described in Section 3 of the other

Mussalman Wakf Validating Act, 1913 (6 of 1913 , under which any benefit is for the

time being claimable for himself by the person by whom the wakf was created or by any

of his family or descendants.

                               Statements of Particulars
        3. obligation to furnish particulars relating to wakf)
 six
months from the commencement of this Act every mutwalli shall furnish to
within the local limits of whose jurisdiction the gropTYy Gf the vakf of which he in
mutwalli is situated or to any one of two more such Court,. a statement contains
following particulars, namely:-
(b) the gross annual income from such property;
(c) the gross amount of such income which has been collected during the five ye
preceding the date on which the statement is furnished, or of the period which ha years
since the creation of the wakf, whichever period is shorter;
) the amount of the Government revenue and cesses, and of al rens family
payable in respect of the wakf property;
(e) an estimate of the expenses annually incurred in the realisation of the income of
the wakf property, based on such details as are available of any such expenses incurred
within the period to which the particulars under clause (c) relate;
() the amount set apart under the wakf for
) the salary of the mutwalli and allowances to individuals;
(i) purely religious purposes
(ii) charitable purposes;
(iv) any other purposes; and
(g any other particulars which may be prescribed.
(2) Every such statement shall be accompanied by a copy of the deed or instrument
creating the wakf or, if no such deed or instrument has been executed or a copy thereof
cannot be obtained shall contain full particulars, as far as they are known to the mutwalli,
of the origin, nature and objects of the wakf.
(3) Where
(aa wakf is created after the commencement of this Act, or
() in the case of a wakf such as is described in Section 3 of the Wakf
0 Validating Act. 1913 (6 of 1913), the perso1 creating the wakí or any
member of his family or any of his descendants is at the commencement
this Act alive and entitled to claim any benefit thereunder,
the statement referred to in subsection () shall be furnished, in the case referred to In
clause (a) within six months of the date on which the wakf is created or, if it has be
, or, in the
case referred to in clause (b) within six months of the date of the death of the per
entitled to such benefit as aforesaid, or of the last sure of any such persons, as the case
maybe.
4. Publication of particulars and requisition of further particulars
(1) When any statement has been furnished under Section 3, the Court shall cause notice
of the furnishing, thereof to be affixed is some conspicuous place in the Courthouse a

THE MUSLIM WOMEN muslim law act no 25 of 1986

14 THE MUSSALMAN WAKF ACT, 1923 [Ss. 5-8

        a person may apply to the Court by a petition in writing, accompanied by the prescribed

fee, for the issue of an order requiring the mutwalli to furnish further particulars or

documents,

(2) On such application being made, the Court may, after making such inquiry, if

any, as it thinks fit, if it is of opinion that any further particulars or documents are

necessary in order that full information may be obtained regarding the origin, nature or

objects of the wakf or the condition or management of the wakf property, cause to be

served on the mutwalli an order requiring him to furnish such particulars or documents

within such time as the Court may direct in the order.

                     Statement of Accounts and Audit

     5. Statement of accounts.With: three months after the thirty-first day of

March next following the date on which the statement referred to in Section 3 has been

furnished, and thereafter within three months of the thirty-first day of March in every year,

every mutwalli shall prepare and furnish to the Court to which such statement was

furnished a full and true statement of accounts, in such form and containing such

particulars as may be prescribed, of all moneys received or expended by him on behalf of

the wakf of which he is the mutwalli during the period of twelve months ending on such

thirty-first day of March or, as the case may be, during that portion of the said period

during which the provisions of this Act have been applicable to the wakf:

Provided that the Court may, if it is satisfied that there is sufficient cause for so

doing, extend the time allowed for the furnishing of any statement of accounts under this

section.

6. Audit of account. .-Every statement of accounts shall, before it is furnished

to the Court under Section 5, be audited

(a) in the case of a wakf the gross income of which during the year in question, after

deduction of the land-revenue and cesses, if any, payable to the Government, exceeds two

thousand rupees, by a person who is the holder of a certificate granted by the Central

Government under Section 144 of the1 Indian Companies Act, 1913 (7 of 1913), or is a

member of any institution or association the members of which have been declared under

that section to be entitled to act as auditors of companies throughout the territories to

which this Act applies; or

(b) in the case of any other wakf, by any person authorised in this behalf by general

or social order of the said Court

                              General Provisions

7. Mutwalli entitled to pay cost of audit etc., from wakf funds.

Notwithstanding anything contained in the deed or instrument creating any wakf, every

mutwalli may pay from the income of the wakf property any expenses properly incurred

by him for the purpose of enabling him to furnish any particulars, documents or copies

under Section 3 of Section 4 or in respect of the preparation or audit of the annual

accounts for the purposes of this Act.

8. Verification.-Every statement of particulars furnished under Section 3 or o

Section 4, and every statement of accounts furnished under Section 5, shall be written in

the language of the Court to which it is furnished, and shall be verified in the manner

provided in the Code of Civil Procedure 1908 (5 of 1908) for the signing and verification

of pleadings.

9. Inspection and Copies. Any person shall, with the permission of the

Court and on payment of the prescribed fee, at any time at which the Court is open, be

entitled to inspect in the prescribed manner, or to obtain a copy of, any statement of

particulars or any document furnished to the Court under Section 3 or Section 4 or any

statement of accounts furnished to it under Section 5, or any audit report made on an audit

under section 6.

                                        Penalty

10. Penalties. Any person who is required by or under Section 3 or Section 4 to

furnish a statement of particulars or any Document relating to a wakf, or who is required

by Section 5 to furnish a statement of accounts, shall, if he, without reasonable cause the

burden of proving which shall Ilie upon his ails to furnish such statement or document,

as the case may be, in due time, or furnishes a statement which he knows or has reason to

believe to be false, misleading or untrue in any material particular, or, in the case of a

statement of accounts furnishes a statement which has not been audited in the manner

required by Section 6, be punishable with fine which may extend to five hundred rupees,

r, in the case of a second or subsequent offence, with fine which may extend to two

thousand rupees.

                                  Rules

11. Power to make rules.-(1) The State Government may, after previous

the publication, by notification in the Official Gazette, make rules to carry into effect the

purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such

rules may provide for all or any of the following matters, namely

(a) the additional particulars to be furnished be mutwallis under clauses (g of sub-

section (1) of Section 3;

b) the fees to be charged upon applications made to a Court under sub-section (1)

of Section 4;

( the form in which the statement of accounts referred to in Section 5 shall be

furnished, and the particulars which shall be contained therein;

(d) the powers which may be exercised by auditors for the purpose of any audit

referred to in Section 6, and the particulars to be contained in the reports of

Such auditors;

(e) the fees respectively chargeable on account of the allowing of inspections and

of the supply of copies under Section 9:

( the safe custody of statements, audit reports and copies of deeds or instruments

furnished to Courts under this Act; ar.d

any other matter which is to be or may be prescribed.

12. Savings.-Nothing in this Act shall

(a) affect any other enactment for the time being in force in the territories to

which this Act applies providing for the control or supervision of religious or

charitable endowments; or

b) apply in the case of any wakf the property of which-

( is being administered by the Treasurer of Charitable endowments, the

Administrator General or the Official Trustee; or

     
 is being administered either by a receiver appointed by any Court of

competent jurisdiction or under a scheme for the administration of the wakf

which has been settled or approved by any Court of competent jurisdiction

or by any other authority acting under the provisions of any enactment.

13. Exemption.-The State Government may, by notification in the Official

Gazette, exempt from the operation of this Act or of any specified provision thereof any

wakf or wakfs created or administered for the benefit of any specified section of the

Mussalman community.

THE MUSSALMAN WAKF VALIDATING ACT, 1930

Act No. 32 of 1930

25th July 1930]

An Act to give retrospective effect to the Mussalman Walklf Validating

Act, 1913.

            Whereas the Mussalman Wakf Validating Act, 1913 (6 of 1913), does not apply to

Wakfs created before its enactment,

And whereas it is expedient to validate such wakf without infringing any rights

contrary thereto which may have already accrued or been acquired;

It is hereby enacted as follows

1Short title-This Act may be called the Mussalman Wakf Validating Act,

1930

2. Act 6 of 1913 to apply retrospectively.-The Mussalman Wakf

Validating Act, 1913 (6 of 1913) shall be deemed to apply to wakfs created before its:

Provided that nothing herein contained shall be deemed in any way to affect any right,

title obligation or liability already acquired, accrued or incurred before the commencement

of this Act.

THE MUSLIM WOMEN muslim law act no 25 of 1986