Deed of Wakf for Public Purposes

Deed of Wakf for Public Purposes

This deed of wakf is made on the ……. day of ……………. 1999 by Md. MAL of …………………………… (hereinafter called the wakif).

Whereas the wakif is the owner and in possession of the properties described in the Schedule hereunder and is desirous of dedicating the said properties in the service of Allah and to be used for charitable purposes.

And whereas the wakif has no wife or children and the other properties belonging to him are sufficient for his maintenance during his lifetime.

Now this deed of wakf witnesses as follows:

1. That I, the wakif, hereby transfer, dedicate to Allah and declare as wakf all that property more particularly described in the schedule annexed hereto, the approximate value whereof is Rs. 20 lakhs.

2. That I shall be the first mutawalli of the wakf property with power to nominate the next mutawalli and/or acting mutawalli in my temporary absence from Calcutta on Haj Pilgrimage. If I die during such pilgrimage or do not return for three years, he shall continue to act as such mutawalli and shall be deemed to be the mutawalli with the like powers and subject to the like obligations and duties as myself. All acts done or deeds executed shall be valid and binding as if the same had been done, exercised, executed, taken or had by me or a duly appointed lifetime mutawalli. In case I return from the pilgrimage within three years I shall resume the office of the first mutawalli and such nominated mutawalli shall be deemed ipso facto to be removed.

3. Each mutawalli whether nominated by the preceding mutawalli or appointed in the manner prescribed in the succeeding clause shall exercise the similar powers and be subject to the same duties and obligations and enjoy the equivalent privileges as are applicable to me or any succeeding mutawalli.

4. In case of any vacancy arising in the office of the mutawalli which cannot be filled up by nomination as aforesaid, the principal Civil Court of original jurisdiction shall be entitled to appoint a fit person professing the Islam faith of Hanafi School, after hearing such objections as may be raised by any beneficiary or person professing the Islam faith of the said School.

5. The mutawalli shall manage the wakf property to the best of his ability and may for such purpose engage or employ managers, agents, contractors, accountants or other assistants as may be conductive to the carrying on of the objects of the wakf efficiently and economically. The mutawalli may delegate any of his functions to a committee of persons subject, however, to the retention of the supervisory control by the mutawalli whose decision in all matters affecting the wakf shall prevail.

6. The income of the wakf property after defraying the expenses of its upkeep, management, repair and renovation shall be utilised for, among others, the following objects:

(a)  payment to poor and deserving Muslims to enable them to perform Haj pilgrimage;

(b)  feeding of the poor Muslims;

(c)  supporting the blind, disabled and/or poor Muslims who are unable to earn their livelihood except by begging;

(d)  providing sanitary habitation for poor Muslim families living in bustees, shanties and footpath.

7. The mutawalli may accept donations, grants, presents, offerings and other moneys and properties for the purpose of carrying out the object of the wakf and convert any property into any other kind for more effectively carrying out the objects of the wakf, wherever necessary, with the consent of the Board of Wakf.

The Schedule

In witness whereof I have declared, dedicated and transferred the property mentioned in Schedule as wakf property and I have accepted and assumed control thereof as mutawalli thereof and I have executed these presents on the day, month and year first above-written.

Witnesses:                                                                                            Sd/-  Md. MAL

1.                                                                                                               (wakif)

2.                                                                                                         Sd/-  Md. MAL