The Mussalman Wakf Act, 1923, 42 of 1923, (Rep., Act 15 of 2025)

Section 4. Publication of particulars and requisition of further particulars

Repealed or not in force · As amended up to 2026-08

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 in some conspicuous place in the Court-house and to be published in such other manner, if any, as may be prescribed, and thereafter any 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 fir, 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 muttwalli 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 4. Sections 2 to 5 and 7 to 13 were brought into force in the Punjab with effect from 14-5-1924, see Punjab Gazette, 1924, Part I, p. 418. Sections 2 to 13 were brought into force in the Presidency of Bombay from 1-6-1925, see Bombay Government Gazette, 1925, Part I, p. 1414. - All provisions of the Act were brought into force in Bihar and Orissa from 3-9-1925, see B & O. Gazette, 1925, Part II, p. 1192. Sections 2 to 13 were brought into force in the Presidency of Bengal with certain modifications from 1-6-1927, see Calcutta Gazette, Part I, p. 1008. Sections 2 to 13 were brought into force in Ajmer-Merwara from 1-2-1928, see Gazette of India, 1928, Part II-A, p. 20. * This Act shall not apply to any Wakf to which the Wakf Act, 1954 (29 of 1954) applies. Now Wakf Act, 1954 (29 of 1954) is repealed by the Waqf Act, 1995 (43 of 1995) (w.e.f. 1-1-1996). (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 this behalf; (c) "Mutwalli" means any person appointed either verbally or under any deed or instrument by which a wakf has been created or by a Court of competent jurisdiction to be the mutwalli of a wakf, and includes a naib-mutwalli or other person appointed by a mutwalli to perform the duties of the mutwalli, 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" means the permanent dedication by a person professing the Mussalman faith of any property for any purpose recognised by the Mussalman law as religious, pious or charitable, but does not include any wakf, such as is described in section 3 of the 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

Source: India Code