Monday

31-03-2025 Vol 19

Proposed amendments in WAQF ACT 1995 by Advocate Vishnu Shankar Jain et al which reportedly have got ignored by the concerned JPC

Here is a Textual Summary of Amendments Proposed by Vishnu Shankar Jain et al in the Principal WAQF Act 1995

Amendment of Section 2 in Principal Act

Present

2. Application of the Act - Save as otherwise expressly provided under this Act, this Act shall apply to all Auqaf whether created before or after the commencement of this Act: Provided that nothing in this Act shall apply to Durgah Khawaja Saheb, Ajmer to which the Durgah Khawaja Saheb Act, 1955 (36 of 1955) applies.

Suggestion

Second Proviso be added after first Proviso in Section 2: – “Provided that nothing in this Act shall apply to evacuee property, existing non-Islamic religious property, or properties under The Societies Act 1860, Trusts Act 1882, or any charitable, religious endowments, or religious institutions Acts.”

Insertion of Section 2A in the Principal Act

Section 2A : It is, hereby, declared that the provisions of the Principal Act will not apply to those buildings, areas, monuments to which the provisions of The Ancient Monuments and Archaeological Sites and Remains Act, 1958 Act or of The Ancient Monuments Preservation Act, 1904 or of any other similar act enacted by any State Legislature apply.

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