The Ramanujam Committee submitted a four-volume report, taking into account the recommendations of both the P. Two laws were enacted by Parliament — the Repealing and Amending Act and the Repealing and Amending (Second) Act. Finding the two wakf validating acts in the list of laws recommended for repeal, concerned Muslim leaders approached former Minority Affairs Minister K. Answering his question on the issue in Parliament on May 5, the current law minister reportedly said that the acts would not be repealed.
Later, the minority affairs ministry opined that these were obsolete and should have been repealed by the Wakf (Amendment) Act, 2013.
The Mussalman Wakf Validating Act, 1913 (hereinafter referred to as “The Act”) came into force on 7th March, 1913 during the British rule.
However, after the post Independence, it is still in force through the Adaptation of laws (No. Moreover, The Mussalman Wakf Validating Act, 1930 was enforced by the Britishers.
Our statute book is full of obsolete laws, some dating back to the 19th and early 20th centuries.
Having outlived their utility, these laws need to be repealed, for which recommendations have been made from time to time by various government-appointed bodies. In its report of 1998, the commission had recommended the repeal of over 1,300 Central acts, which it had classified into various categories, including “amending acts” and “validating acts” — those that had amended a pre-existing law or had restored the legal validity of a law or custom derecognised by a court ruling.
In 1891, the Calcutta High Court held that such a wakf could not be given legal effect since a “dedication must not depend upon an uncertain contingency, such as the possible extinction of the family”.
A second wakf validating act was then passed in 1930 to give retrospective effect to the first law. If a “validating” law is repealed, it does not have the effect of invalidating once again what that law had validated — just as the repeal of an amending law does not nullify the amendments it had made in an earlier law.
In both these cases, the only purpose is to remove from the statute book an old law that has served its purpose.
In absence of relatives the Wakf Board may be ordered to pay her maintenance.
Tamil Nadu Wakf Board and another vs Syed Fatima Nachi, AIR 1996 SC 2423 Related Statutes: Mussalman Wakf Validating Act, 1913 Mussalman Wakf Validating Act, 1930 Central Waqf Act, 1954 U.