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3. It validates, in the case of a Hanafi Muslim, a provision for the payment of the debts of the settlor out of the rents and profits of the property dedicated.

4. In defining wakf as the permanent dedication of “any property”, it settles the conflict between the various Courts as to the validity of wakfs of certain movable properties.

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5. The question whether or not any purpose is “religious, pious or charitable”, and is of a permanent character, has to be determined in accordance with Muhammadan law, and not by English (or any other) law.

Statutory Provision for Control and Supervision of Wakfs:

The Wakfs Act, 1954, as amended by the Wakf (Amendment) Act, 1964, provides for control and supervision of wakfs. Its main provisions are the following:

(1) It is made applicable to all States, except Bihar, Delhi, Gujarat, Maharashtra, U.P. and West Bengal.

(2) It provides for the incorporation of a Board of Wakfs in every State. If there are more than 15 per cent of Shia wakfs in number or in the proportion of income, a separate Shia Board of Wakfs also can be created.

(3) The Amendment of 1964 also provides for the establishment of the Central Wakf Council.

(4) The Act also provides for:—

(i) (a) Investigation, (b) survery, and (c) registration of wakfs, and

(ii) Submission and audit of accounts, etc.

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