CHAPTER II

Survey of Wakf and publication of List of Wakfs

 


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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