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Chapter II

Survey of 2[Auqaf]

4. Preliminary survey of 2[auqaf].-

(1) The State Government may, by notification in the Official Gazette, appoint for the State a Survey Commissioner of 2[Auqaf] and as many Additional or Assistant Survey Commissioners of 2[Auqaf] as may be necessary for the purpose of making a survey of 3[auqaf in the State].

4[(1A) Every State Government shall maintain a list of auqaf referred to in sub-section (1) and the survey of auqaf shall be completed within a period of one year from the date of commencement of the Wakf (Amendment) Act, 2013 (27 of 2013), in case such survey was not done before the commencement of the Wakf (Amendment) Act, 2013: Provided that where no Survey Commissioner of Waqf has been appointed, a Survey Commissioner for auqaf shall be appointed within three months from the date of such commencement.]

(2) All Additional and Assistant Survey Commissioner of 2[Auqaf] shall perform their functions under this Act under the general supervision and control of the Survey Commissioner of 2[Auqaf].

(3) The Survey Commissioner shall, after making such inquiry as he may consider necessary, submit his report, in respect of 2[auqaf] 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 2[auqaf] in the State showing the Shia 2[auqaf] and Sunni 2[auqaf] separately;

(b) the nature and objects of each 1[waqf];

(c) the gross income of the property comprised in each 1[waqf];

(d) the amount of land revenue, cesses, rates and taxes payable in respect of each 1[waqf];

(e) the expenses incurred in the realisation of the income and the pay or other remuneration of the mutawalli of each 1[waqf]; and (f) such other particulars relating to each 1[waqf] 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 1[waqf] is a Shia 1[waqf] or Sunni 1[waqf] and there are clear indications in the deed of 1[waqf] 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 1[waqf] properties in the State and the provisions of sub-sections (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 2[ten years] from the date on which the report in relation to the immediately previous survey was submitted under sub-section (3):

3[Provided further that the waqf properties already notified shall not be reviewed again in subsequent survey except where the status of such property has been changed in accordance with the provisions of any law.]

1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).

2. Subs. by s. 4, ibid., for " wakfs" (w.e.f. 1-11-2013).

3. Subs. by s. 6, ibid., for "wakfs existing in the State at the date of the commencement of this Act" (w.e.f. 1-11-2013).

4. Ins. by s. 6, ibid. (w.e.f. 1-11-2013).

Waqf Act, 1995 Back

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