Section 2

2. In section 1 of the Wakf Act, 1954 (hereinafter referred to as the principal Act), in sub-section (3), for the first proviso, the following proviso shall be substituted, namely:— "Provided that, as soon as may be, after the commencement of the Wakf (Amendment) Act, 1984, the Central Government may, by notification in the Official Gazette, appoint a date on which the provisions of this Act, as amended by the Wakf (Amendment) Act, 1984, shall come into force in the States of Uttar Pradesh and West Bengal and in those parts of the States of Gujarat and Maharashtra in which the provisions of this Act do not apply, and different dates may be appointed for different States or for different areas, and for the different provisions of this Act, as so amended, and, on and from the date so appointed, the corresponding law, applicable to wakfs, in force in that State or in any part thereof, or, as the case may be, in such area, shall cease to operate, and, on such cesser, such corresponding law shall be deemed to have been repealed by an Act enacted by the Legislature of that State, but such cesser shall not affect the previous operation of such corresponding law, and subject thereto, anything done or any action taken in exercise of any power conferred by or under any such corresponding law shall be deemed to have been done or taken in the exercise of powers conferred by or under this Act, as amended by the Wakf (Amendment) Act, 1984, as if this Act, as so amended, were in force on the date on which such thing was done or action was taken:". 29 of 1954. 658 Wakf (Amendment) [ACT 69 3. In section 3 of principal Act,— (i) clause (d) shall be omitted; (ii) in clause (f),— (a) after the words "to be the mutawalli of a wakf and includes any", the words "person who is a mutawalli of a wakf by virtue of any custom or who is a" shall be inserted; (b) for the words "any person or Committee for the time being managing or administering any wakf property as such", the words "any person, Committee or Corporation for the time being managing or administering any wakf or wakf property: Provided that no member of a Committee or Corporation shall be deemed to be a mutawalli unless such member is an office bearer of such Committee or Corporation" shall be substituted; (iii) for clause (g), the following clause shall be substituted, namely:— '(g) "net annual income", in relation to a wakf, means the net annual income determined in accordance with the provisions of the Explanations to sub-section (1) of section 46;'; (iv) after clause (k), the following clauses shall be inserted, namely:— '(ka) "Survey Commissioner" means the Survey Commissioner of Wakfs appointed under sub-section (1) of section 4 and includes any additional or assistant survey commissioner of Wakfs; (kb) "Tribunal", in relation to any area, means the Tribunal, constituted under sub-section (1) of section 55, having jurisdiction in relation to that area;'; (v) in clause (l),— (a) in the opening portion, after the words "person professing Islam", the words "or any other person" shall be inserted; (b) in sub-clause (i), after the words "a wakf by user", the words "but such wakf shall not cease to be a wakf by reason only of the user having ceased irrespective of the period of such cesser" shall be inserted; (c) in sub-clause (ii), after the words "mashrut-ul-khidmat", the words ", muafies, khairati, qazi services, madad-mash" shall be inserted; (d) for sub-clause (iii), the following sub-clause shall be substituted, namely:— "(iii) a wakf-alal-aulad;"; or 1984] Wakf (Amendment) (e) to clause (1), the following proviso shall be added, namely:— "Provided that in the case of a dedication by a person not professing Islam, the Wakf shall be void if, on the death of such person, any objection to such dedication is raised by one or more of his legal representatives;" (vi) after clause (1), the following clause shall be inserted, namely:— "(la) 'Wakf Commissioner' means the Wakf Commissioner appointed under sub-section (1) of section 21;"