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6. Disputes regarding 4[auqaf].-

(1) If any question arises whether a particular property specified as 1[waqf] property in the list of 4[auqaf] is 1[waqf] property or not or whether a 1[waqf] specified in such list is a Shia 1[waqf] or Sunni 1[waqf], the Board or the mutawalli of the 1[waqf] or 7[any person aggrieved] 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: 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 4[auqaf]: 8[Provided further that no suit shall be instituted before the Tribunal in respect of such properties notified in a second or subsequent survey pursuant to the provisions contained in sub-section (6) of section 4.]

9(2) Notwithstanding anything contained in sub-section (1), no proceeding under this Act in respect of any 1[waqf] 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 thereunder.

(4) The list of 1[auqaf] shall, unless it is modified in pursuance of a decision of 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 question referred to in sub-section (1).

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

2. Subs. by s. 6, ibid., for "twenty years" (w.e.f. 1-11-2013).

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

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

5. Subs. by s. 7, ibid., for "publish in the Official Gazette" (w.e.f. 1-11-2013).

6. Ins. by s. 7, ibid. (w.e.f. 1-11-2013).

7. Subs. by s. 8, ibid., for "any person interested therein" (w.e.f. 1-11-2013).

8. Ins. by s. 8, ibid. (w.e.f. 1-11-2013).

9. The Explanation omitted by s. 8, ibid.(w.e.f. 1-11-2013).

Waqf Act, 1995 Back

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