Report No. 96

20. The Public Wakfs (Extension of Limitation) Act, 1959 (29 of 1959)

This Act extends the period of limitation in regard to suits to recover possession of immovable property forming part of public wakfs, where the dispossession took place between 14th day of August, 1949 and 7th day of May, 1954. The period of limitation was originally extended upto 15th August, 1967, but the date has been successively extended. It may also be pointed out that there could, in effect, be further extension of the period of limitation by reason of disabilities or other special factors which have the effect of extending limitation under the general law of limitation. The subject-matter of the Act falls within Concurrent List, entry 10, "Trust and Trustees" and entry 13, "Civil Procedure limitation.

Action to be taken.-It is possible that suits to which the Act applies can still be filed, or are pending. If so, its repeal may create avoidable controversies. Moreover, many States have (by local amendment) extended the period to a later date. In the circumstances, it is not advisable to repeal the Act.