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3. Appointement of Survey Commissioners and their
functions.-
(1) The Government may, under sub-section (1) of
section 4, appoint,-
(a) an Officer of the State Government not below the
rank of the Secretary to Government as survey
Commissioner of Wakfs.
(b) an officer of the State Government not below the
rank of joint Secretary to Government working in
District level as Additional Survey Commissioner of
Wakfs; and
(c) an officer of the State Government not below the
rank of Deputy Collector as Assistant Survey
Commissioner;
(1) For the State for the purpose of making a survey
of wakfs existing in the State at the date of
commencement of the Act.
(2) All Additional and Assistant Survey
Commissioners of wakfs appointed under the Act shall
perform their functions under the general
supervision and control of the Survey Commissioner
of Wakfs.
(3) The Survey Commissioner shall within six months
from the date of his appointment or within such
extended period, after making such inquiry as he may
consider necessary, submit his report, in respect of
wakfs existing at the commencement of the Act in the
State or any part thereof, to the Government
containing the following particulars, namely:-
1. The number of Wakfs in the State showing the Shia
Wakfs and Sunni Wakfs separately;
2. The name, nature and objects of each wakf;
3. Location of wakf institution;
(a) district;
(b) taluk;
(c) village;
(d) municipality/village panchayat;
(e) local name of the place where situated;
4. Date or year of creation of wakf;
5. Number, year and date of wakf deed;
6. Nature and objects of wakf;
7. How the wakf is administered at present whether
under a scheme settled by law or by registered
document or established custom or usage;
8. Details of immovable properties or wakfs and
place where situated:-
(a) district;
(b) taluk;
(c) village/amsom;
(d) kara/desom;
(e) municipality/village panchayat;
(f) survey number;
(g) sub-division number;
(h) extent;
(i) value of the property;
(j) gross annual income from immovable properties;
(k) the amount of land revenue cesses, rates and
taxes payable;
9. Description and value of movable properties
including investments;
10. Gross annual income from movables;
11. Other receipts, if any;
12. Encumbrances, if any on the movable or immovable
properties;
13. The amount of land revenue cesses, rates and
taxes payable in respect of each wakf;
14. The expenses incurred in the realisation of the
income;
15. The pay or other remuneration of the Mutawalli
of each wakf;
16. Expenses for the performance of the functions
specified in the wakf deed or established by custom;
17. Procedure for election of Mutawalli or Rules of
succession to the post of Mutawalli;
18. Name and address of the present Mutawalli;
19. The total cost of making the survey.
(4) The Survey Commissioner shall also furnish a
separate list of Mutawallis of the wakfs having an
annual income of rupees one lakh and above.
4. Procedure to be followed by the Survey
Commissioner.-
(1) The Survey Commissioner shall have the power to
regulate his proceedure(1) The Survey Commissioner
shall have the power to regulate his procedure
including the fixing of places and times of his
sittings and deciding whether to sit in public or in
private and also monitor the works of Additional and
Assistant Survey Commissioners.
(2) Where the Survey Commissioner in deciding any
question under sub-section (3) of section 4 of the
Act considers it necessary or proper to make an
inquiry and the Survey Commissioner is satisfied
that on the basis of the affidavits filed and the
documents produced in such inquiry by the parties
concerned of their own accord, he cannot come to a
decision in the matter which is being inquired into,
the Survey Commissioner shall have, for the purpose
of such inquiry, the powers of a civil court while
trying a suit under the Code of civil Procedure,
1908 (Central Act 5 of 1908) in respect of matters
mentioned in sub-section (4) of section 4.
5. Publication of List of Wakfs.-
(1) On receipt of a report under sub-section (3) of
section 4 from the survey commissioner, the
Government shall forward a copy of the same to the
Board.
(2) The Board shall examine the report forwarded to
it, and publish in the Official Gazette a list of
Sunni Wakf or Shia Wakf in the State, whether in
existence at the commencement of the Act or coming
into existence thereafter, to which the report
relates, and containing the following particulars,
namely;-
1. Name of Wakfs (whether Shia or Sunni);
2. The nature and object of each wakf;
3. The gross income of the property comprised in
each wakf;
4. The amount of land revenue, cesses, rates and
taxes payable of each wakf;
5. The expenses incurred in the realisation of the
income of each wakf;
6. The expenses incurred in giving the pay or other
remuneration of the Mutawalli of each wakf;
7. The Mutawallis of the wakf having an annual
income of rupees one lakh and above;
8. Any other particulars as Board may determine to
publish.
(3) The Board shall prepare and maintain a list of
wakf, which have come to list notice in the course
of collecting information under sub-section (1) of
section 40 or which it has caused to be registered
under section 41 or which have been registered at
its office under section 36, before the 15th day of
every year and publish the same along with the list
of wakfs published under sub-section (2) of section
5.
6. Disputes regarding wakfs.- If any question
arises whether a particular property specified as
wakf property in the list of wakfs published or
subsequently included is wakf property or not or
whether a wakf specified in such list is a shia wakf
or sunni wakf, the Board or the mutwalli 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
matter shall be final.
7. Expenses in connection with Survey.- Funds
to meet all expenses in connection with the survey
including the publication of the list in the Gazette
shall be provided by the Government in the first
instance and such expenses shall be recovered by the
Government from all the Mutawalli of the Wakfs in
such proportion as assessed by the Survey
Commissioner in the manner laid down under section 8
of the Act.
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