SURVEY OF AUQAF

Survey of auqaf.

§4

Summary

CHAPTER II SURVEY OF 1[AUQAF] 4. 2[Survey of auqaf.]--- 3[(1) Any survey of auqaf pending before the Survey Commissioner, on the commencement of the Waqf (Amendment) Act, 2025 (14 of 2025), shall be transferred to the Collector having jurisdiction and the Collector shall make the survey in accordance with the procedure in the revenue laws of the State, from the stage such survey is transferred to the Collector, and submit his report to the State Government.] 4** * * * (4) The 5[Collector] 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 6[waqf] is a Shia 6[waqf] or Sunni 6[waqf] 7[or Aghakhani waqf or Bohra waqf] and there are clear indications in the deed of 6[waqf] as to its nature, the dispute shall be decided on the basis of such deed: 8* * * * * Provided that no such second or subsequent survey shall be made until the expiry of a period of 9[ten years] from the date on which the report in relation to the immediately previous survey was submitted under sub-section (3): 10[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.]

<center class="font1">CHAPTER II SURVEY OF 1[AUQAF]</center> 4. 2[Survey of auqaf.]--- 3[(1) Any survey of auqaf pending before the Survey Commissioner, on the commencement of the Waqf (Amendment) Act, 2025 (14 of 2025), shall be transferred to the Collector having jurisdiction and the Collector shall make the survey in accordance with the procedure in the revenue laws of the State, from the stage such survey is transferred to the Collector, and submit his report to the State Government.] <center class="font1">4** * * *</center> (4) The 5[Collector] 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 6[waqf] is a Shia 6[waqf] or Sunni 6[waqf] 7[or Aghakhani waqf or Bohra waqf] and there are clear indications in the deed of 6[waqf] as to its nature, the dispute shall be decided on the basis of such deed: <center class="font1">8* * * * *</center> Provided that no such second or subsequent survey shall be made until the expiry of a period of 9[ten years] from the date on which the report in relation to the immediately previous survey was submitted under sub-section (3): 10[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.]

Footnotes

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).
5. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).
6. Subs. by s. 6, ibid., for "twenty years" (w.e.f. 1-11-2013).
7. Ins. by s. 6, ibid. (w.e.f. 1-11-2013).

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