Chapter I Chapter I

Preliminary

1. (1) This Act may be called the Jammu and Kashmir Wakafs Act, 1978.
2. (2) It extends to the whole of the State of Jammu and Kashmir.
3. (3) This section shall come into force at once and the remaining provisions of this Act shall come into force on such date as the Government may, by notification in the Government Gazette, appoint.

Save as otherwise provided, this Act shall apply to all Wakafs whether created before or after this Act:

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

1. (a) "Wakaf" means the permanent dedication by a person professing Islam of any movable or immovable property for any purpose recognized by the Muslim Law as religious, pious and charitable object and any other object of the public utility sanctioned by the Muslim Law;
2. (b) "Board" means a Board established under this Act;
3. (c) "prescribed" means prescribed by rules made under this Act;
4. (d) "Wakaf" means the permanent dedication by a person professing Islam of any movable or immovable property for any purpose recognized by the Muslim Law as religious, pious or charitable and includes-
   • (i) a wakaf by user, Idgah, Dargah, Khankah, Graveyard, Takia, Masjid, Yatim Khana, Madrasa and Sama; and
   • (ii) a Wakaf-ul-Aulad-
5. (a) for the maintenance and support, wholly or partially, of the family, children or descendants; or
6. (b) for the maintenance of the Wakaf or for fulfilling the purpose of the rents and profits of the property: Provided that the ultimate benefit is in such cases for the poor or for any other purpose recognized by the Muslim Law as a religious, pious or charitable purpose of a permanent nature;
   • (iii) a grant, endowment or dedication of any property made by the Government or any person for such purposes;
7. (e) "Wakif" means any person making such dedications;
8. (f) "Mutawalli" means any person appointed either orally or by any deed or instrument by which a Wakaf has been created or by any competent authority to be the Mutawalli of the Wakaf;
9. (g) "Wakaf deed" means any deed or instrument by which a Wakaf has been created and includes any valid subsequent deed or instrument by which any of the terms of the original deed have been varied or added to.