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3.
Preliminary survey of wakf.-
(1) The state Government may, by notification in the
Official Gazette, appoint for the state a Survey
Commissioner of wakfs and as many Additional or
Assistant Survey Commissioners of Wkfs as may be
necessary for the purpose of making a survey of
wakfs existing in the State at the date of the
commencement of this Act.
(2) All Additional and Assistant Survey
Commissioners of Wakfs shall perform their functions
under this Act under the general supervision and
control of the Survey Commissioner of Wakfs.
(3) The survey Commissioner shall, after making such
inquiry as he may consider necessary, submit his
report, in respect of wakfs existing at the date of
the commencement of this Act in the State or any
part thereof, to the State Government containing the
following particulars, namely:-
(a) the number of wakfs in the State showing the
Shia wakfs and Sunni wakfs separately;
(b) the nature and objects of each wakf;
(c) the gross income of the property comprised in
each wakf;
(d) the amount of land revenue, cesses, rates and
taxes payable in respect of each wakf;
(e) the expenses incurred in the realization of the
income and the pay or other remuneration of the
mutawalli of each wakf; and
(f) such other particulars relating to each wakf as
may be prescribed.
(4) The Survey Commissioner shall, while making any
inquiry, have the same powers as are vested in a
civil court under the Code of Civil Procedure, 1908
(5 of 1908), in respect of the following matters,
namely:-
(a) summoning and examining any witness;
(b) requiring the discovery and production of any
document;
(c) requisitioning any public record from any court
or office;
(d) issuing commissions for the examination of any
witness or accounts;
(e) making any local inspection or local
investigation;
(f) such other matters as may be prescribed.
(5) If, during any such inquiry, any dispute arises
as to whether a particular wakf is a Shia wakf or
Sunni wakf and there are clear indications in the
deed of wakf as to its nature, the dispute shall be
decided on the basis of such deed.
(6) The state Government may, by notification in the
Official Gazette, direct the Survey Commissioner to
make a second or subsequent survey of wakf
properties in the State and the provision of
sub-section (2), (3), (4) and (5) shall apply to
such survey as they apply to a survey directed under
sub-section (1)
Provided that no such second or subsequent survey
shall be made until the expiry of a period of twenty
years from the date on which the report in relation
to the immediately previous survey was submitted
under sub-section (3).
5. Publication of list of wakfs.-
(1) On receipt of a report under sub-section (3) of
section 4, the State Government shall forward a copy
of the same to the Board.
(2) The Board shall examine the report forwarded to
it under sub-section (1) and publish in the official
Gazette a list of Sunni wakf or Shia wakfs in the
State, whether in existence at the commencement of
this Act or coming into existence thereafter; to
which the report relates, and containing such other
particulars as may be prescribed.
6. Disputes regarding wakfs.-
(1) If any question arises whether a particular
property specified as wakf property in the list of
wakfs is wakf property or not or whether a wakf
specified in such list is a Shia wakf or Sunni wakf,
the Board or the mutawalli of the wakf or any person
interested therein may institute a suit in a
Tribunal for the decision of the question and the
decision of the Tribunal in respect of such matters
shall be final:
Provided that no such suit shall be entertained by
the Tribunal after the expiry of one year from the
date of the publication of the list of wakfs.
Explanation.- For the purpose of this section and
section 7, the expression “any person interested
therein”, shall, in relation to any property
specified as wakf property in the list of wakfs
published after the commencement of this Act, shall
include also every person who, though not interested
in the wakf concerned, is interested in such
property and to whom a reasonable opportunity had
been afforded to represent his case by notice served
on him in that behalf during the course of the
relevant inquiry under Section 4.
(2) Notwithstanding anything contained in
sub-section (1), no proceeding under this Act in
respect of any wakf shall be stayed by reason only
of the pendency of any such suit or of any appeal or
other proceeding arising out of such suit.
(3) The Survey Commissioner shall not be made a
party to any suit under sub-section (1) and no suit,
prosecution or other legal proceeding shall lie
against him in respect of anything which is in good
faith done or intended to be done in pursuance of
this Act or any rules made in thereunder.
(4) The list of wakf shall, unless it is modified in
pursuance of a decision or the Tribunal under
sub-section (1),be final and conclusive.
(5) On and from the commencement of this Act in a
state, no suit or other legal proceeding shall be
instituted or commenced in a court in that State in
relation to any guestion referred to in sub-section
(1).
7. Power of Tribunal to determine disputes
regarding wakfs.-
(1) If, after the commencement of this Act, any
question arises, whether a particular property
specified as wakf property in a list of wakfs is
wakf property or not, or whether a wakf specified in
such list is a Shia wakf or a Sunni wakf, the Board
or the mutawalli of the wakf, or any person
interested therein, may apply to the Tribunal having
jurisdiction in relation to such property, for the
decision of the question and decision of the
Tribunal thereon shall be final:
Provided that-
(a) in the case of the list of wakfs relating to any
part of the state and published after the
commencement of this Act no such application shall
be entertained after the expiry of one year from the
date of publication of the list of wakfs and
(b) in the case of the list of wakfs relating to any
part of the State and published at any time within a
period of one year immediately preceding the
commencement of this Act, such an application may be
entertained by Tribunal within the period of one
year from such commencement:
Provided further that where any such question has
been heard and finally decided by a civil court in a
suit instituted before such commencement, the
Tribunal shall not re-open such question.
(2) Except where the Tribunal has no jurisdiction by
reason of the provisions of sub-section (5), no
proceeding under the section in respect of any wakf
shall be stayed by any court, tribunal or other
authority by reason only of the pendency of any
suit, application or appeal or other proceeding
arising out of any such suit, application, appeal or
other proceeding.
(3) The Chief Executive Officer shall not be made a
party to any application under sub-section. (1)
(4) The list of wakfs and where any such list is
modified in pursuance of a decision of the Tribunal
under sub-section(1), the list as so modified, shall
be final.
(5) The Tribunal shall not have jurisdiction to
determine any matter which is the subject-matter of
any suit or proceeding instituted or commenced in a
civil court under sub-section (1) of section 6,
before the commencement of this Act or which is the
subject-matter of any appeal from the decree passed
before such commencement in any such suit or
proceeding or of any application for revision or
review arising out of such suit, proceeding or
appeal, as the case may be.
8. Recovery of costs of survey.-
(1) The total cost of making a survey including the
cost of publications of the list of wakfs under this
Chapter shall be borne by all the mutawalli of the
wakfs the net annual income where of exceeds five
hundred rupees, in proportion to the net annual
income accruiring in the State to such wakf,such
proportion being assessed by the Survey
Commissioner.
(2) Notwithstanding anything contained in the deed
or instrument by which the wakf was created, any
muthawalli may pay from the income of the wakf any
sum due from him under sub-section (1)
(3) Any sum due from a mutawalli under-section (1)
may, on a certificate issued by the State
Government, be recovered from the property comprised
in the wakf in the same manner as an arrear of land
revenue.
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